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HomeMy WebLinkAboutResolution 03-94 RESOLUTION NO. 03-94 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING PARTICIPATION IN THE STATE LOCAL PARTNERSHIP PROGRAM WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (SLTPP-5423) WHEREAS, the City of Atacadero wishes to participate with the California Department of Transportation in improving certain local roads pursuant to the State and Local Partnership Program; and WHEREAS, District 5 of Caltrans has accepted three (3) projects for State assistance, these being: Camino Real, Las Encinas and 3F Meadows Assessment Districts; and WHEREAS, implementation of this program requires authorization by resolution of the Council of the City of Atascadero; NOW, THEREFORE BE IT RESOLVED that the City Council does authorize the City Manager to enter into State - Local Master Agreement No. SLTPP-5423 attached hereto as Exhibit "A". On motion by Councilmember Luna and seconded by Councilmember Bewley, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Councilmembers Bewley, Borgeson, Luna and Mayor Nimmo NOES: None ABSENT: One Seat Vacant ADOPTED: January 25, 1994 CITY OF ATASCADERO ATTE T: By: Y ROBERT P. NIMMO, Mayor LEE RABOIN, City Clerk Resolution No. 03-94 Page 2 APPROVED AS TO FORM: ih ARTHER R. MO TAND N, ey PREPARED BY: HENRY ENG Community Development Director RESOLUTION NO. 03-94 EXHIBIT "A" ?/18/90 STATE-LOCAL ENTITY iRASTER AGREEMENT ,.NO. SLTPP-5421 STATE-LOCAL PARTNERSHIP PROGRAM (Pursuant to S&H Code Section 2600 at seq) 05 CITY OF ATASCADE_RO DISTRICT LOCAL ENTITY THIS AGRE _ made in duplicate this day of _ , 1ggy and between CITY OF ATASCADERO a City, County, or LOCAL ENTITY, as defined in streets and Highways Code Section 2601(a) , hereinafter referred s an „LOCAL ENTITY" , and then tT=ansportatioe of n,llhereinlrsf=r -ad dto through the Department _ as "STATE" . WITNESSTFi WHEREAS, as provided by Section 2600 at seg. of the Streets and Highways Code, LOCAL ENTITY, has applied for State Share funds to be used for an "Eligible Project" as defined, herein referred to as "PROJECT" selected by LOCAL ENTITY. WHEREAS, STATE is required to enter into an agreement with LOCAL ENTITY to delineate certain responsibilities relative to prosecution of the said PROJECT. NOW, THEREFORE, the parties agree as follows; ARTICLE I- --Contract Administration 1. Projects shall be constructed in accordance with this agreement and as described in the Project Termini and Type of Work of the Program Supplemental Agreement. 2 Unless otherwise provided in the Program Supplement the LOCAL ENTITY shall advertise, award and administer the constructioncontract for the PROJECT.. . 3 . The construction work for PROJECT shall be performed by contract. -As a condition of acceptance of the State Share Funds provided for this PROJECT, . LOCAL ENTITY will abide by the State/Local Partnership Program policies, procedures, guidelines and any special covenants in the Program l s Supplement which is made part of this agreement by this reference. T estimated cost and scope of PROJECT billrefebe renceown' 4 . she es project Application which, y in the approved Proj PP of this agreement. A contract for an herein, is made part amount in excess of said estimate may be awarded and expenditures may exceed said estimate provided sufficient will provide the ENTITY addstavailableonal dtogand finance same. LOCAL ENTITY money - 5 . if the total State Share for all lsueligile PROJECTS of exceeds the amount specified in the STAT shall Section 2600 of the Street o�aStateHighways Share funds to be compute the pro rata- share receive the same available so that each eligible PROJECT Will ratio of State Share to local share funding 6. The LOCAL ENTITY ITY agrees that the payment of State Share Funds will be limited toene=ata, percentager of the dastdeterOf mined multiplying the calculatedpr by the STATE by either: (a) the Total eligible State/Local Partnershiprogram t Cost in the approved State/Local Partnership Application. * . (b) the award amount. (c) the Final Cost amount and accepts any consequent increase in LOCAL ENTITY funding requirements. * includes contract items plus a maximum of 10% for contingencies and constriction engineering. 7 . Subsequent to the Legislature appropriating the intoe Share funds and after the LOCAL ENTITY b) a project a) this State-Local Entity awarded the contract specific Program Supplement; and e) request and for a eligible project, the LOCAL ENTITY may shall receive payment for eligible work as follows: a STATE will pay it's proportionate "State's Share" { ) i.ble participating costs upon LOCAL ENTITY of the elig progress pay estimates submittal of acceptable m progreSs b llings should for expenditures. initial progress work. cover completed or underway (b) If PROJECT is a cooperative- project and sTECT shall be the indludes work on a STATE highway, PROJECT between subject of a separate cooperative agr the STATE and LOCAL ENTITY. 2 S . The Legislature of the State of California and the Governor of the State of California, each within them respective jurisdictions, have prescribed certain employment practices with respect to contract and other work financed with. State funds. LOCAL ENTITY shall ensure that work performed under this agreement is done in conformance with the rules and regulations embodying such requirements where they are applicable. 9 . After completion of all work under this agreement and a after all costs are known, LOCAL ENTITY shall contract financial audit of the project costs. The Final Audit, to be accomplished at the LOCAL ENTITY'S expense, may be done on an individual project basis, or may be included in the LOCAL ENTITY's annual Single Audit. - If an individual project audit is done, the auditor must prepare- a- Final Audit Report. if the LOCAL ENTITY chooses the Single Audit option, a Management Letter will be required for the State Share f unding. In either case, the audit will include compliance tests required by the Single Audit Act and its implementing directive, OMB Circular A-128 . The compliance testing should ensure controls are in place to assure that: (a) Reimbursement claims submitted to the State for the project are supported by payment vouchers and canceled checks. (b) Charges for the various categories of eligible costs incurred by the LOCAL ENTITY are fully supported. (c) Ineligible costs were not claimed as reimbursable on the project. (d) Construction Engineering and contingencies do not exceed 10% of contract items. (e) Local match funds were from an approved source. Expenditure Re ZO .. The Final Project Exp port must be completed_ within 120 days of project completion and. should be in the format described in Volume 2, Section 19,. Exhibit 19-1a of the Local Programs Manual. The Final Audit must be completed by December 30th following the fiscal year of project completion. Project completion is defined as when all work identified in the approved State/Local .Partnership Application and Program Supplement Agreement has been completed and final costs are known. The report documents (Final Project Expenditure Report and Final Audit Report) will be sent to the appropriate State Department these Transportation District Office. Failure to comply rasult in withholding of future reporting requirements may 3 allocations by the Commission. 11. The State reserves the right to conduct separate technical and financial audits if it is deter:n fined necessary. After the financial audit, LOCAL ENTITY shall refund any excess State Share funds reimbursed to LOCAL ENTITY beyond its entitlement. 12 . Should the LOCAL ENTITY fail to pay STATE claims within 30 days of demand, the STATE, acting through State Controller, may withhold -an equal amount from future apportionments due the LOCAL ENTITY from the Highway Users Tax Fund. The STATE may, at its option, intercept and apply any monies otherwise due the LOCAL ENTITY to pay these claims. 13 . When THE PROJECT includes work to be performed by a railroad, the contract for such work shall be eaentered intnto by LOCAL ENTITY. LOCAL ENTITY shall en ter with the railroad providing for maintenance of the protect:.ve devices or other facilities installed under the service contract and for Railroad Protective Insurance during construction as necessary. ARTICLE.. II - Right-of-Way i. All related rights-of-way as are necessary for the construction PROJECT shall be acquired by LOCAL ENTITY atCits own expense and no contract for construction of any portion thereof, shall be advertised until the necessary rights-of-way have been secured. 2. The furnishing of rights-of-way as provided for herein includes but may not be limited to: (a) all real property required for THE PROJECT free and, clear of obstructions. and encumbrances. (b) the payment of damages to real property not actually taken but injuriously affected by the proposed improvement. (c) the cost of relocating owners and occupants pursuant to Government Code Sections 7260-7277. (d) the cost of demolition and sale of all improvements on the right of way. (e) the cost of all utility relocation, protac:.ion or 4 removal legally obligated to be done by the LOCAL ENTITY. (f) the cost of all hazardous materials and waste clean up not reimbursable by prior owners. (q) the costs which arise out of delays to the contractor because utility facilities have not been removed or relocated, or because rights-of-way have not been made available to the contractor for the orderly prosecution of the work. 3 . Should LOCAL ENTITY, in acquiring right-of-way for PROJECT, displace an individual, family, business, farm operation, or nonprofit organization, the LOCAL ENTITY shall provide relocation payments and services as required by California Government Code, Sections 7260-7277. ARTICLE III Engineering 1. "Preliminary Engineering" costs may not be financed with State- Share funds and shall be financed by the LOCAL ENTITY with other sources of funding available to the LOCAL ENTITY. 2 "Construction Engineering" as used herein includes actual inspection and supervision of construction work, construction staking, laboratory and field testing, preparation and processing of field reports and records, estimates, final reports, and allowable expenses of employees engaged in such activities and may be financed with State Share funds. Established overhead for employees working directly on an approved PROSECT is eligible for cost sharing. The LOCAL ENTITY shall contribute its generalcadminis ast as dministrative ancal overhead expense and not bill the contributions. 3 .. Unless the parties shall otherwise agree in writing, LOCAL ENTITY'S employees or engineering consultant shall be responsible for all engineering work.. When construction engineering is performed by STATE, charges therefore shall include an assessment on direct labor costs in accordance with Section 8755.1 of the State Administrative Manual. The portion of such charges not financed at State cost shall be paid from fundsof LOCAL ENTITY. ARTICLE IV - Miscellaneous Provisions 1. The cost of maintenance performed by LOCAL' 3NTITv forces 5 Pduring any Temporary suspension of the work or at any other time may not be charged to the pRoJECT. Neither STATE nor any officer or emplovee thereof shall be responsible for any damage or liability occurring by or omitted to reason of anything done be done byiLOCAL ENTIToY under or in connection with any work, au�hority, jurisdiction delegated to LOCAL ENTITY uursuanter 1to Goveernment It is also understood and agreed that. P indemnify and Code Section 895 .4 , LOCAL ENTITY shall fulSed for injury (as hold STATE harmless from any liability imposed fir by reason defined by Government Code Section 310.8) done or omitted to be done by LOCAL ENTITY under of anything o Work, authority, or jurisdiction or in connection with any delegated to LOCAL ENTITY under this agreement. officer or employee thereof, 3 . Neither LOCAL ENTITY nor adamage or liability occurring by shall be responsible for anyvby STAun - reasons of anything donor omitted to be done urisdict onder or in connection with any work, authority, or j delegated to STATE under this agreement. It is also understood and agreed that pursuant to Government Code indemnify and hold LOCAL Section 895.4, STATE shall fully indemosed for injury (as ENTITY harmless from any liability imp defined by Government Code Section 810.8) occurring by reason of anything done or omitted to -be done by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under agreement. to 4. Auditors of STATE shall be given accesL �osts andCAL pro books and records for the purpose of verifying rata share to be paid. All project documents will be available for inspection by authorized state personnel at any time during project development and for a three-year period From date of final payment under the contract or one year after the audit is completed or waived by the STATE, whichever is longer. If a State audit is conducted, the source of local match funds will be checked a determine if the source complies with the program reczurements. ARTICLE V Accommodation of Utilities 1. Utility facilities may be accommodated on the right-of-way right-Of-way does not provided such use and occupancy of the rig y interfere with the free and safe Zow of ea=anceafand provided affic or 5e impair the roadway or .its scenic ap_p Use and occupancy Agreement, setting forth the terms under which the utility facility is to cross or otherwise occupy the right-of-way is executed by the LOCAL ENTITY and OWNER. The Use and Occupancy Agreement setting forth otheriseterms ocCupyunder which the utility facility is to cross or 6 ,. i cions set forth in the right-of-way mus.. include the Prov' MA=AL published volume I, Section 12 of the LOCAL PROGRAMS by the STATE, unless otherwise approved by the STATE. 2 . if any protection, relocation or removal of utilities is required within STATE's right-of-waYolicysuch and procedures performed in accordance with STATE p LOCAL ENTITY shall require any utility company performing relocation work in the STATE'S right-of-way to obtain a State Encroachment Permit prior to the performance of said relocation work. Any relocated utilities shall be correctly located and identified on the as-built plans. ARTICLE VI - Condition of Acceptance As a condition of acceptance of the State Share Fu by the unds provided for this project, LOCAL ENTITY State policies, procedures and guidelines pertaining to the State/Local Partnership Program. IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officers. CITY OF kTASCADERO STATE OF CALIFORNIA LOCAL ENTITY Department of Transportation By By 1 Distrjct DireCtor of Transportation ROBERT P. NIMMO, Mayor D Date Date ATTEST; � l BOIN/ C 4y Clerk 7