HomeMy WebLinkAboutReso 231-99 MasterAgmt/FedProj RESOLUTION NO. 231 - 99
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING (MASTER AGREEMENT) ADMINISTERING AGENCY-STATE AGREEEMENT
FOR FEDERAL / STATE FUNDED PROJECTS WITHIN THE CITY OF DUBLIN
o
WHEREAS, a procedural step in receiving Federal-Aid funding for projects within the City of
Dublin is to enter into an agreement (Master Agreement); and
WHEREAS, the agreement (Master Agreement) outlines the requirements and monitoring of
Federal-Aid funding; and
WHEREAS, the City has to execute said agreement (Master Agreement) to receive Federal funding
for Federal-Aid projects; and
WHEREAS, the City desires that the agreement (Master Agreement) be executed to receive
funding for Federal-Aid projects;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the agreement (Master Agreement) as to content and form, which is attached hereto as "Exhibit
Ao~ ~
BE IT FURTHER RESOLVED that the Director of Public Works is authorized to execute the final
agreement when such data as Caltrans District Number, Administering Agency code, agreement number
and the effective date are provided by Caltrans.
BE IT FURTHER RESOLVED that the Director of Public Works is authorized to executed other
Federal-Aid / State Funded agreements / documents / forms related to the Master Agreements.
PASSED, APPROVED AND ADOPTED this 215 day of December, 1999.
AYES:
Councilmembers Howard, McCormick, Zika, Vice Mayor Lockhart and Mayor
Houston
NOES: None
ABSENT: None
ABSTAIN: None
Cle
KZ/G/12-21-99/res -3~ate-fed-ag, mt. doc
Mayor
g:kaiscproj\dbw-vpw to sierra~reso master agreement
MASTER AGREEMENT
ADMINISTERING AGENCY - STATE AGREEMENT
FOR
STATE FUNDED PROJECTS
Attachment VI
02 ~x
Admini~t, ring Agent'
Agreement No.
THIS AGREEMENT, made effective this __ day of , I99__, is by and betw~n
AGENCY, a city, county, or other public entity~ hereinafter referred to as ".&DMINISTERING
AGENCY," and the State of California, aCting by and through its Departmem of Transportation,
hereinaiSer referred to as "STATE"
WITNESSETH
WHEREAS, the Le~slature of the State of California ?ms enacted le~slation by which
cenaha State funds are made available for use on local u-ansponafion facilities and
ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC)
and/or STATE for funding from the State Transportation Improvement Program (STTP) or other
pro_m-ams as defined in the Local Assistance Program Guidelines for use on those local
transportation facilities as local administered PROJECT(s), hereinafter referred to as
"PROJECT"; and
WHEREAS, as provided by STATE policy, said PROJECT wilt--not receive any federal
funds; and
WH[EKEAS, STATE is required to enter into an AGKEEMEN~ with ADMINISTER]2qG
AGENCY to delineate those certain obligations placed upon ADMINISTERING AGENCY
relative to said State funding and the prosecution of said PROJECT by ADMINISTERING
AGENCY.
NOW, TrrlEREFORE, the parties a~ee as follows:
.~G:[TICLE I - PROJECT A3DM2[NISTKATION
1. This AGREEMENT shall have no force or effect with respect to any pro~ammed
PROJECT unless and until a PROJECT-specific program supplement, adopting the terms of this
AGREE/v[ENT, hereinar2er referred to as "PROGRAM SUPPLE!VlENT,~ has been fully executed
by the pm'X/es.
Page 1 of $
4/1/99
2. The Financial commitment of State funds will occur only foliowing the execution of this
AGREEM2~NT and the subsequent execution of each applicable PROJECT-specific PROGP,~M
SUPPLE!vfENT.
3. AD/vfL-N'ISTEg32qG AGENCY farther agrees, as a condition to the release and payment
of State funds encumbered to the PROJECT described in the PROGK.A2vl SUPPLER/fEN'T, to
comply with the terms of this AGREEMENT and all of the a_m-eed-upon Special Covenants and
Conditions attached to or made a part of the PROGRAM SUPPLE.MEN-f, identifying and
defining the nature of that specific PROJECT.'
4. The PROGR_~vl SUPPLE.~/~N-f shall designate the AD!vffN-iSTERING AGENCY
responsible for implementing the vm'-ious phases of the PROJECT, the State funding pro_m-am, and
the matching funds to be provided by ADM2NISTEP, ANG AGENCY and/or STATE. Adoption
and execution or.the PKOGP,.~Wl SUPPLEiVfENT by ADM~L-N~STEKL~G. AGENCY and
STATE, incorporating the terms and conditions of this AGREEMENrr into the PROGRAM
SUPPL~ as though fully s~ forth therein, shall be s~cient to bind the
ADM2N'ISTEKING AGENCY to these terms and conditions when p~-forming the PROJECT.
Unless otherwise expressly delegated in a resolution by the ADMINISTERING AGENCY'S
governing body and concurred in by STATE, the PROGRAM SUPPL~-r shall be managed
by the ADMINISTERING AGENCY'S governing body.
5. PROJECT shall be acquired, designed, and constructed as required in the Local
Assiszance Program Guidelines, such oth~ STATE procedures as are identified in the
PR. OGP,.~2vl SLrPPLEMENT, and as is specified in this AGR.EF~MiENT.
6. Unless otherwise provided in the PROGRAM SU-PPLElV~NT, the .A~DlvflNISTERING
AGENCY shall advertise, award, and administer the PROJECT construction contract or
contracts.
7. The estimated cost and scope of PROJECT will be as described in the PROGRAM
SUPPLEMENT and State funding participation is limited to the 'mounts established by STATE.
A contract for an amount in excess of said approved estimate -may be awarded and expenditures
may e. xceed said .estimate provided .~DMhNISTEKLN-G AGENCY provides the necessary
additional funding or a PROJECT cost increase in State funding is first requested by
.4JP~STERING AGENCY and is approved by STATE in the form of an amended
PKOG~ SUPPLEMENT or a STATE approved, encumbrance document adding or deleting
PROJECT funds.
8. Subsequent to-the inclusion of the PROJECT in a plan or program approved by STATE
and the ADMINISTERING AGENCY entering into this AGR~F-MENT and the PROJECT
specific PKOGP,.~Vi SUPPLEMENT, the .~DMINISTE~G AGENCY may request and
receive payment for eligible work as follows:
(a) STATE will reimburse the STATE's share of gtigible participating PROJECT
costs monthly in arrears upon ADMINrlSTER2NG AGENCY'S submittal of si_maed
acceptable monthly progress pay invoices (in duplicate) for expenditures actually made
by ADMI~STERING AGENCY.
(b) If PROJECT involves work on the STA2-~_ higjaway system, that PKOJECT shall
also be the subject of separate standard forms of STATE issued encroachment perm/ts
Page 2 of 8 4/1/99
issued to ADMLNrISTEP,_LNG AGENCY and any contractors and, where appropriate, an
executed cooperative agreement between STATE and ADMINISTEK.D~G AGENCY to
determine how PKOJECT is to be acquired, designed, or constructed and to establish
ownership and future maintenance obligations.
(c) State funds will not participate in any portion of PROJECT work performed in
advance of either the effective date of the executed PKOGR_A2vl SUPPLEMENW for
said PKOJECT or the effective date of this AGREEMENT.
9. The total of all ADNgNISTEKLNG'AGENCY invoices (submitted monthly or quarterly in
arrears) for reimbursement of participating PKOJECT costs, including all required
ADMINISTEKING AGENCY matching funds, must not exceed the actual total allowable
PROJECT costs, including, but not limited to, all completed preliminary engineering work, right
· of way acquisition, design and construction included within the PKOJECT description contained
in the PKOGKAM SUPPL~'T.
10. Invoices shall be submitted on ADMINISTEKING AGENCY letterhead and shall
reference this AGREE~ number, PKOJECT number, and progress billing number for the
PROJECT, and shall be formatted and costs reported in accordance with the current version of
Chapter 5, "Accounting/Invoices," of the-Local Assistance Procedures 2VYartual published by
STATE.
11. STATE programmed amounts may be increased to cover PKOJECT cost increases only if
such funds are available, STATE concurs with that proposed increase, and STATE executes an
amending PKOGKAM SUPPLEMENT or a STATE approved encumbrance documem
encumbering those funds.
12. When additional State funds are not available, the ADMINISTEKING AGENCY agrees
that the paymem of State funds will be limited to the amounts approved in the PKOGKAM
SU-PPLEMENT, and agrees' that any increases in PROJECT costs must be defrayed with
ADM~'ISTEKING AGENCY funds.
13. The legislature of the State of. California and the Governor of the State of California, ~ch
within their respective jurisdictions, have prescribed certain employment practices with respect to
contract and other work financed with State funds. AD1VIINIS~G AGENCY shall ensure
that work performed under this AGKEEMENT is done in conformance With the rules and
re_m~lations embodying such requirements where they are applicable.
14. ADMPqlSTEKING AGENCY and its subcontractors shall establish and maintain an
accounting system 6onfomfing to Generally Accepted Accounting Principles (GAAP) to support
reimbursement payment vouchers or invoices which segregate and accumulate costs of PKOJECT
work elements and produce monthly reports which clearly identify reimbursable costs, matching
costs, and other expenditures by ADML-NISTERING AGENCY.
15. A.fter compledon of all work under this AGREEh/IENT, and after ail PKOJECT costs are
known, ADMINISTERING AGENCY shall contract for a financial audit of PROJECT costs ix~
those costs are in excess of $300,000. This Audit, to be accomplished at the ADMINISTERING
AGENCY'S expense, may be done on an individual PROJECT basis, or PROJECT may be
included in the ADlVIIN-ISTEK!NG AGENCY'S annual Single Audit. tf an individual audit of
PROJECT is done, the auditor must prepare a Final Audit Keport. If ADIvlI!qIST~ING
Page 3 ofg
4/1/99
AGENCY chooses the Single .~mdit option, an audit report is required for the State funding share.
This report should be prepared in accordance with the guidelines set forth in OIVfB Circular A-
133. Compliance testing performed for this audit should determine whether the
?3D.~-iSTER. LNG AGENCY has a. system *~_.z-t is adequate to accumulate and segregate
reasonable, allowable and allocable costs to assure that:
(a) Reimbursement claims submitted to STATE for the PROJECT are supported by
payment vouchers and canceled checks.
o
(b) Charges for the various categories of eligible PROJECT costs incurred by the
ADMINISTEKING AGENCY are fully supported and recorded in the
.~DIvlINISTEP, ING AGENCY'S accounting records in accordance with generally
accepted accounting principles.
(c) The ADIvfI2~-ISTEKING AGENCY complied with CFR 49 Part 18, Uniform
.Administrative Kequirements for State and Local Governments and OMB A~87, Cost
Principles for State and Local Governments. Any instances of noncompliance or costs
determined ineli~ble in accordance with these regulations but claimed for
reimbursement should be identified and set forth in the auditor's report.
16. ADMINISTERING AGENCY and all subconU-actors shall comply with the Unk%rm
Administrative Kequiremen~ for State and Local Governments set forth in the Code of Federal
Kegulatiorm, Title 49, Part 18. in addition, the ADtvfLNISTERING AGENCY a~ees to comply
with the cost principles and procedures sm forth in Office of Management and Budget Circular A-
87. The ADMINISTER.ING AGENCY agrees ~h~t a reference to either Office of Management
and Budget Circular A-87 or the Code of Federal Ke~mztations, Title 49, Chapter 1, Part 31,
whichever is applicable and the code of Federal Kegutations, Title 49, Part 15, will be included in
any subcontracts entered into as a result of this AGKEEIvlENT.
t7. The "State Report of Expenditures" must be compl~ed by ADMINISTEKL-WG AGENCY
within one hundred eighty (180) days of PROJECT completion in the format described for State
funded projects in Chapter 17, "Proje~ Completion" of the Local Assistance Procedures Manual.
The Final Invoice must be submitted with the "State Report of Expenditures. The Audit must be
completed by the December 30th followiug the fiscal year of PKOJECT completion. PROJECT
completion is defined as when all work identified in the approved PROJECT Application and
PROGRAM SUPPLEMEN-r. has been complied and final costs are known. The report
documents (State K~,~port of Expenditures and Final Audit Keport) will be sent to the appropriate
STATE office. Failure to comply with these reporting requirements may result in the withholding
of future allocations for other projects.
18. STATE reserves the right to conduct technical and financial auditS if it is determined to be
necessary. After any financial audit, ADMLNISTEKING AGENCY shall promptly refund any .
excess State funds erroneously reimbursed to ADMINISTERING AGENCY.
19. Should ADMINIS~G AGENCY fail to refund all moneys due STATE as provided
hereunder or should ADIvlINISTEKING AGENCY breach this AGRI=-i=.!vfENT by failing to
complete PROJECT, then, within thirty (30) days of demand, or within such otb= period as may
be agreed to in writing between the parties hereto, STATE, acting through the State Controller,
the State Tr~.mrer, the California Transportation Commission (CTC), or any other public
agency,, may withhold or demand a transfer of an amount equal to the PKOJECT mount paid by
Page 4 of g ~ 4/1/99
STATE from future apportionments or any other funds due ADMENISTERLNG AGENCY from
the I-Iighway Users Tax Fund or any other funds and/or may withhold approval of future
ADIVfL-N-iSTEKLNG AGENCY projects.
20. When PROJECT is not on the STATE highway system but includes work to be performed
by a railroad, the contract for such work shall be prepared and administered by
ADM3~'ISTERING AGENCY or by STATE, as the parties may hereafter agree. In either event,
.42>MINISTERING .~:GENCY shall enter into an AGREEMENT with the railroad providing for
future maintenance of protective devices or other facilities installed or constructed under that
contract.
ARTICLE H.- ENGINF.~.RING
1. "Project Developmem Costs" includes ail preliminary work up 'to contract award for
construction and directly related to the PROJECT, including, 'but not limited to, environmental
studies, preliminary surveys and reports, laboratory work, soil investigation, preparation of plans,
specifications and estimates, advertising for bids, awarding contract as well as Project
Development Contract Administration and Right of Way staff support costs.
2. "Construction Engineering" eligible costs include 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/consultants engaged in such activities.
3. Unless the parties shall otherwise _agree in writing, ADIvlRqlSTERING AGENCY'S
employees or its subcontractor engineering consultant shall be responsible for all PROJECT
engineering work. When construction engineering is peffcrrrned by STATE, charges by STATE
invoiced to ADf/flNISTERLNG AGENCY shall include an assessment on direct labor costs in
accordance with Section 8755.1 of the State Administrative Manual. The portion of such
STATE charges not contractually absorbed by STATE shall be paid from PROJECT or other
funds of ADMINISTERING AGENCY.
4. No reimbursable or matching costs incurred by ADMINISTERLNG AGENCY in the
period prior to the effective date of this AGKEEMENWr or a later'date specified in a PROGRAM
SUPPLEMENT are allowable by STATE.
ARTICLE III - RIGHT-OF-WAY
All related rights-of-way as are necessary for the construction of PROJECT shall be
acquired by ADMINISTKR~G AGENCY, and no contract for construction of PROJECT or any
portion thereof shall be advertised until those necessary rights-of-way have been secured.
2. The furnishing of rights-of-way as provided for herein includes, and is limited to, the
foliowing~ unless the PROGRAM SUPPLEMENT provides otherwise:
(a) expenditures to purchase all r~l property required for PROJECT free and clear of
liens, conflicting easements, Obstructions and encumbrances, after crediting
PROJECT with the fair market value of any excess property retained and not
disposed of by ADMINISTERING AGENCY
4/1/99
Page 5 of 8
(b) the payrnent 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 sales of ali improvements on the right of way
(e) the cost of ail unavoidable utility relocation, protection or removal
(f') the cost of ail necessary hazardous material and hazardous waste clean up for which
ADMINISTERING AGENCY is not responsible and the actual generator cannot be
identified or recovery made ....
3. ShOuld .ADMINISTEK/NG AGENCY, in acquiring fight-of-way for PROJECT, displace
an individual, family, business, farm operation or nonprofit o~anization, the .ADMINISTERING
AGENCY shall provide relocation payments and services as required by C~lifomia Government
Code, Sections 7260-7277.
4. State i;ands will not participate in any PROJECT costs arising out of delays to
construction or demolition contractor's orderiy prosecution oft he work because utilities have not
ben timely removed or relocated or due to the unavailability of r/~nts-of-way.
5. If any protection, relocation or removal of utilities is required within STATE'S right-of-
way, such work shall be performed in accordance with STATE policy and procedure.
ADMINISTEKING AGENCY shall require any utility company perorming 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 corre~y located and identified on the
PROJECT as-built plans.
ARTICLE IV - MISCELLANEOUS PROVISIONS
1. The cost of security, protection, or maintenance performed by .ADMINISTERING
AGENCY or contractor forces during any temporary suspension of the work or at any other time
may not be charged to the PROJECT.
2. Neither STATE nor any officer or employee thereof shall be responsible for any damage
or liability occurring by reason of anything done or omitted to be done by AD!vIINISTERING
AGENCY under or in connection with any work, authority, or jurisdiction delegated to
ADMINISTERING AGENCY under th/s AGREEI~'N~t'. It is also understood and a_m-eed that,
pursuant to Government Code Section 895.4, AD~STEKING AGENCY shall fully defend,
indemnify and hold STATE, its officers and employees harmless from any liability imposed for
injury (as defined be Government Code Section 810.g) occurring by reason of anything done or
omitted to be done by .ADMINISTERING AGENCY under or in connection with any work,
authority, or jurisdiction delegated to ADRfINISTEKING AGENCY und~ this AGREEMENT.
Page 6 of 8 4/1/99
3. Neither ADM~'ISTER_ING AGENCY nor any officer or employee thereof, sk~ll be
responsible for may damage or liability, occurring by reasons of anything done or omitted to be
done by STATE under or in connection with any work, authority, or jurisdiction delegated to
STATE under this AGREEMENT. It is also Understood mad a~eed that pursuant to Government
Code Section 895.4, STATE shaii .fully defend, indemnify and hold ADMINISTERING
AGENCY harmless from any Iiability imposed for injury (as defined be Government Code Section
810.8) occurring by reason of anything done or omitted to be done by STATE und~ or in
connection with any work, authority, or jurisdiction delegated to STATE under this
AGREEMENT.
4. Auditors of STATE shall be g/ven access to books and records of ADIvlL~rlSTERING
AGENCY and its contractors and subcontractors for the purpose of verifying PROJECT costs
and share to be paid. ADSf[NISTERING AGENCY shall include clauses in its contracts for
PROJECT obligating contractors and subcontractors to conform and cooperate in any audit of
their PROJECT costs.
5. ADMINISTER~G AGENCY wiI1 maintain and operate the PROJECT propert-y
acquired, developed, rehabilitated, or restored for its intended public use until such time as the
parties migd~t amend this AGREEMENT to otherwise provide. With the approval of STATE,
ADNftNISTERING AGENCY or its successors in interest in the property may' transfer this
obligation and responsibility to maintain and operate the property to another public entity.
6. IJpon AD/vlIN-ISTERING AGENCY acceptance of the completed PROJECT
consUmction contract 'or upon contractor being relieved of the responsibility for maintaining and
protecting a portion of the work, the ADMINrlSTER.ING AGENCY having jurisdiction over the
PROJECT shall maintain, repair and restore any damaged portions of the completed work in a
manner satisfa~ory to the authorized representatives of STATE. If, within ninety (90) days after
receipt of notice from STATE that a PKOJECT, or any portion thereof, under
A.DIvlINISTERING AGENCY'S jurisdiction is not being properly maintahned, repaired or
restored mad ADMINISTERING AGENCY has not satisfactorily remedied the conditions
complained of, the approval of future projects of ADMLNISTERING AGENCY will be withheld
until the PROJECT shall have been put in a condition satisfactory to STATE. The provisions of
this section shall not apply to a PROJECT which has been vacated," as pre. approved by STATE,
through due process oflaw.
7. The ADMINISTERING AGENCY obligation to maintain, referred to in para_m-aph 6
above, includes not only the physical condition of the PROJECT but its continued operation as
well. PROJECT shall be maintained by an adequate and well-trained staff' of engineers and/or
such oth~ professionals and technicians as the PKOJECT requires. Said maintenance staff may
be employes of ADMINISTERING AGENCY, another unit of government, or a contractor
under an agreement with ADMINrlSTERING AGENCY. Ail maintenance will be performed at
regular intervals or as required for efficient operation of the complete PROJECT improvements.
8. Without the written consent of STATE, this AGREE/vlENT is not assigrmble by.
ADSflNISTEKING AGENCY, either in whole or in part.
9. No alteration or vm-iation of the terms of this AGREEMENT or the PROGRAM
SUPPLEMENT shall be valid unless made in writing and signed by the parties hereto, and no oral
understanding or a_m-eement not incorporated herein shall be binding on may of the parties hereto.
Page 7 of 8
4/1/99
10. This Agr~ment is subject to any additional restrictions, lirrfitations, conditions, or any
statute enacted by the State Legislature or adopted by the CTC that may affect the provixions,
terms, or funding of this AGREEMENT in any manner.
11. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for
u-~n~portation purposes that are in conformance w/th Article X/X of the Calk%rnia State Constitution.
ARTICLE V - CONrlYITION OF ACCEPTANCE
ADMINISTERING AGENCY shall conform to all State statutes, regulations, and the
Local Assistance Program Guidelines and Local Asxistance t'rocedures'Aiarmal including all
subsequent approved revisions thereto, hereatSer collectively referred to as PROCEDURES,
applicable to PROJECT unless otherwise d~ignated in the approved PROGRAM
SLrPPLE~T.
This AGREEMENT and any PROGRAM SUPPLEMENT(s) executed under this
AGR~MENT shall terminate upon sixty (60) days' prior written notice by STATE.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly
authorized officers.
STATE OF CALIFORNIA
Depm-unent of Transportation
AGENCY
By By
Chief~ Office of Local Programs
Proje~ Implementation
(Authorized Kepresentative)
Date Date
Page 8 of 8 , 4/1/99