Loading...
HomeMy WebLinkAboutItem 4.3 Transportation Partnership Program (2) CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: OCTOBER 10, 1991 SUBJECT: State-Local Transportation Partnership Program Report by: Public Works Director Lee Thompson EXHIBITS ATTACHED: 1) Resolution 2) State-Local Entity Master Agreement 3) State-Local Entity Agreement Supplement No. 001 RECOMMENDATION: u Adopt Resolution a pp rovin g State-Local Transportation Partnership Program and authorizing Mayor to execute agreement and supplement. FINANCIAL STATEMENT: See below. DESCRIPTION: Background In 1988, the State-Local Transportation Demonstration Program was created by Senate Bill (SB) 140. This program provided state funds for local entities on highways and exclusive mass transit guideway projects for transportation improvements. Most of the provisions in SB 140 depended on the passage of a Transportation Bond Act in June of 1989. After the Bond Act did not pass, the Department determined that the State-Local Transportation Demonstration Program should continue. A year later, the program became the State-Local Transportation Partnership Program under SB 300. Instead of bonds, the funds for this program came from the State Highway Account and were included in the Governor's annual budget. In September of 1990, the program was further modified by SB 2829. SB 2829 extended the withdrawal period for projects in the 1990-91 fiscal year and changed the critical dates to coincide with the State's budget process. As a result of previous legislation, the Partnership Program is a continuous program. Each cycle within the program begins with the application submittal on July 1 and could require a maximum of five (5) years to complete. The legislative intent of this program is to identify eligible locally funded projects which are ready to construct with minimum State planning and review. The Master Agreement for this program, which is similar to the City's agreement with the State for Federal Aid Urban funding, delineates the various responsibilities which the City must undertake in order to receive funding. These responsibilities include contract administration, audits, purchase of right-of-way (where applicable) , and completing required paperwork. The Program Supplement is project- specific. Supplement 001 pertains to Phase I, which is the overlay work that was performed in the spring of 1991. A separate Supplement will need to be executed at a later date for Phase II, which is the overlay program for the spring of 1992 and the Dublin Boulevard Extension to the east of Dougherty Road. Funding Eligibility for program funds is based on whether the proposed project increases capacity, extends service to a new area, or extends the useful life of the roadway by ten years through rehabilitation projects. The program funds can be used for construction contract items and construction engineering, plus contingency items. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ITEM N0. COPIES TO: Stanley Magowan, 'Caltrans E ECITY CLERK I I In June of 1990, the City Council adopted Resolution No. 76-90, which authorized the Public Works Director to apply for State-Local Partnership funding. Accordingly, the City of Dublin has applied for funds for our annual repair and overlay projects, the Dublin Boulevard Extension, and the Dublin Boulevard Widening. For Fiscal 1990-91, the State share of the Annual Street Overlay Project (Contract 91-02) is $106,252.24, which is 21.773% of the original application estimate. This amount is less than the 50% share authorized by SB 140 due to the number of eligible projects submitted by other agencies, all eligible projects being funded on an equal percentage basis. Staff recommends that the City Council adopt the resolution (Exhibit 1) approving the Master Agreement and Supplement No. 001 and authorizing the Mayor to execute. a:agenda\statlocl �I 2 - RESOLUTION NO. -91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE MAYOR TO EXECUTE AGREEMENT AND SUPPLEMENT FOR STATE-LOCAL PARTNERSHIP FUNDS (SB 300) WHEREAS, Senate Bill 300, a multi-year program, is funded by Proposition Ill adopted by popular vote in June of 1990, and allocates funds to construct locally supported transportation projects that require a minimum of State planning review; and WHEREAS, matching funds can be derived from various local sources, including Local Sales Tax, proposition measures, the Transportation Development Act, Local Bonds, Assessment Districts, Uniform Developer Fees, and the General Fund; and WHEREAS, the City of Dublin has completed construction of and accepted the 1990-91 Annual Overlay Program, a project accepted by the State-Local Partnership Program as eligible for matching funds; and WHEREAS, local jurisdictions desiring to participate in this program are required to execute the Agreement and Supplement for State-Local Partnership Program funds; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin authorizes the Mayor to execute the Agreement and Supplement for State-Local Partnership Program Funds (SB 300) . PASSED, APPROVED AND ADOPTED this 10th day of October, 1991. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a:reso\statlocl :P-5432 STATE-LOCAL EN-i1TY MASTER AGREEMENT N0. STATE-LOCAL PARTNERSHIP PROGRAM (Pursuant to S&H Code Section 2600 et seq) 04 CITY OF DUBLIN DISTRICT LOCAL ENTITY THIS AGREEMENT, made in duplicate this day of 199_, by and between the City of Dublin a City, County, or LOCAL ENTITY, as defined in Streets and 01 (a) , hereinafter referred to as Highways Code Section 26 "LOCAL ENTITY" , and the State of California, acting by and through the Department of Transportation, herein referred to as "STATE" . WITNESSTH WHEREAS , as provided by Section 2600 et seq. of the Streets and Highways Code, LOCAL ENTITY, has applied for State Share funds to be used s PROJECT' selected by ,Eligible Project"LOCAL defined, herein referred ENTITY. WHEREAS , STATE is required to enter into an agreement with LOCAL ENTITY delineate the certain relative to prosec ution NOW, THEREFORE, the parties agree as follows: ARTICLE I - Contract Administration 1. Projects shall be constructed in accordance with this agreement and as described elemental°Agreement. and Type of Work of the Program Supp 2 . Unless otherwise ieaward and Program administermthe. the LOCAL ENTITY shall advertse, construction contract 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 , guidelines and any special covenants in the Program 1 Supplement which made part of this agreement by this reference. 4 . The estimated cost and scope of PROJECT will re as shown b in the approved Project Application which, y herein, is made part of this agreement. A contdaandfor an amount in excess of said estimate may expenditures may exceed said estimatandrovidedsLOffi ENTITY will provide the additional funding LOCAL ENTITY money is available to finance same. 5 . If the total State Share for all eligible PROJECTof exceeds the amount specified in subdivision o shall Section 2600 of the Street and Highways Code, compute the pro ratachheligible State PROJECTrwillnrece�veethe same available so that e ratio of State Share to local share funding. 6 . The LOCAL ENTITY agrees that the payment. of State Share. of Funds will be limited to the lesser of the product determined multiplying the calculated pro rat percentage by the STATE by either: (a) the Total eliglState/LocalaPartnership1Programct Cost in the approved 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 construction engineering. 7 . Subsequent to the Legislature appropriating the State Share funds and after the LOCAL ENTITY has entered into: a) this State-Local Entity Master Agreement; b) a project specific Program Supplement; and c) awarded the contract for a eligible .project, the LOCAL ENTITY may request and shall receive payment for eligible work as follows: (a) STATE will pay it's proportionate "State' s Share" of the eligible participating costs upon LOCAL ENTITY submittal of acceptable monthly progress pay for expendite or underway contract work slprogress billings should cover completed (b) If PROJECT is a cooperative project and includes work on a STATE highway, PROJECT shall be the subject of a separate cooperative agreement between the STATE and LOCAL ENTITY. 2 the , g . The Legislature of the StatCaeachrwithindtheir Governor of the State of California, 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 inrconformance where the rules and regulations embodying such they are applicable. 9 . After completion of all work. under a after all costs are known, LOCAL be financial audit of the project costs. The Finaleudit, on an accomplished at the LOCAL ENTITY's expense, may b 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 funding. In either case, the audit will include compliance tests required by the Single Audit Act and its implementing directive, OMB Circular A-128 .to he compliance testing should ensure controls are- in p ace (a) Reimbursement claims sb submitted payment Statandfor the project are support ed y P canceled checks. (b) Charges b the LOCAL ENTITYrare fully costs incurred ed y supported. y (c) Ineligible costs were not claimed as reimbursable on the project. (d) Construction Engineering and contingencies do not exceed l0% of contract items. (e) Local match funds were from an approved source. 10 . The Final Project Expenditure Report must be completed within 120 days of project completion and should be in the format described in Volume I, Section 19 ,. Exhibit 19-1a of it must be completed the Local Programs Manual. The Final Aud by December 30th following the fiscal year of project completion. Project completion is defined as when all work identified in the approved State/Local PartnpYship 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 of Transportation District, Office. Failure to comply with these reporting requirements may result in withholding of future 3 allocations by th -ommission. 11 . The State reserves the right to conduct eteseparatnecessary. technical and financial audits i f it is After the financilfundstreimbursedTtoYLOCALIENTITYdbeyond excess State Share 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 entered into by . LOCAL ENTITY. LOCAL ENTITY shall enter into an agreement iding for maintenance of the protective with the railroad prov devices or other facilities installed under the service contract and for Railroad Protective Insurance during construction as necessary. ARTICLE II - Right-of-Way 1. All related rights-of-way as are necessary for the construction PROJECT shall be ac uired by LOCAL ENTITY atoits own expense and no contract for 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, protection or 4 removal le ly obligated to be done - ' the LOCAL ENTITY. (f) the cost of all hazardous materials and waste clean up not reimbursable by prior (g) 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 3 . Should LOCAL ENTITY, in acquiring right-of-way for PROJECT, displace an individual , family, business, farm operation, or nonprofit nts a e LOCAL ENTITY shall andservicesasrequiredby provide relocation payment California Government Code, Sections 7260-7277 . ARTICLE III L Engineering 1. "Preliminary Engineering" costs may not be financed with State Share funds and sbe to the LOCAL ENTITY . . with other sources of funding available 2 . "Construction Engineering" as used herein includes actual inspection and supervision of construction work, construction staking, laboratory and field testing, p n estimates , final processing of field reports and records, reports, and allowable expenses of employees engaged in such activities and may be financed working Share d reactlnds. an Y Established overhead for employees cost sharing. The LOCAL approved PROJECT is eligible for and ENTITY shall contribute local overhead expense and 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 accordancehe with Section 6755 . 1 of the State A portion of such charges not financed at State cost shall be paid from funds of LOCAL ENTITY. ARTICLE IV - Miscellaneous Provisions 1. The cost of maintenance performed by LOCAL ENTITY forces 5 during any temp 'y suspension of the wor' nr at any other time may not be c.._, rged to the PROJECT. 2 . Neither STATE nor any officer or employee thereof shall be responsible for any damage or e done by LOCAL rb liability occurring ENTITY reason of anything done or omitted work, authority, or under or in connection with any jurisdiction delegated to LOCAL ENTITY under this Government It is also understood and agreed that, pursuant Code Section 895. 4 , LOCAL ENTITY shall fully indemnify and any liability imposed for injury (as hold STATE harmless from defined by Government Code Section 810 . 8) occurring by reason of anything done or omitted to be done by LOCAL ETITY under O jurisdiction delegate e or in dntocLCAL ENTITY yunder, this hagreement. 3 . Neither LOCAL ENTITY nor any officer or employee thereof, shall be responsible for any- 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 and agreed that pursuant to Government Code Section 895 . 4 , STATE shall fully indemnify and hold LOCAL ENTITY harmless from any liability imposed for injury (as 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. 4 . Auditors of STATE shall be given access to LOCAL ENTITY'S books and records for the purpose of verifying costs and pro rata share to be paid. All project documents will be available for inspection by authorized state personnel at time during project development and for a three-year p eriod 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 to determine if the source complies with the program requirements . ARTICLE V - Accommodation. of Utilities 1. Utility facilities may be accommodated on the right-of-way provided such use and occupancy of the right-of-way does not interfere with tiie free and safe flow of traffic or otherwise impair the roadway or its scenic appearance; and provided a 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 the terms under which the utility facility is to cross or otherwise occupy 6 in the right-of-way t include the proGisiSn� JALfpublished Volume I , Section _2 of .the LOCAL PROGRAMS by the STATE. by the STATE, unless otherwise app . location or removal of utilities is 2 . If any p rotection, re required within STATE's right-of-way olicchandrproceduree be in accordance with STATE p Y 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 Funds provided for this project, LOCAL ENTITY will abide by the 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. STATE OF CALIFORNIA - LOCAL ENTITY Department of Transportation By By District Director of Transportation Date Date 7 Date: August , 1991 PROGRAM SUPPLEMENT NO. 001 Locat__a: 04-ALA-0-DBLN to Project Number: SB91-5432 (572) STATE-LOCAL TRANSPORTATION E.A. Number: 04-929727 PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5432 l _� This Program Supplement is hereby incorporated into the State-Local Trans- portation Partnership Program Agreement for State Share Funds which was entered into between the Local Entity and the State on / / and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 3 of Article I of the aforemen- tioned Master Agreement under authority of Resolution No. approved by the Local Entity on (See copy attached) . The Local Entity further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with any covenants or remarks setforth on the following pages. PROJECT TERMINI: VARIOUS CITY STREETS - PHASE 1 TYPE OF WORK: OVERLAY LENGTH: 0. 0 (MILES) PROJECT CLASSIFICATION OR PHASE (S) OF WORK [X] Construction/Construction Engineering/Contingencies Estimated Cost State Share Funds Matching Funds IFY91 $ 0 Local OTHER OTHER $ 600, 632 FY92 $ 106, 250 $ 494 , 382 $ 0 $ 0 FY93 $ 0 CITY OF DUBLIN STATE OF CALIFORNIA Department of Transportation By By DEPUTY DISTRICT DIRECTOR OF TRANSPORTATION, DISTRICT 04 Date Date Attest Title I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Office g1j Date a 2 $ 106250 . 00 Chapter statutes Item Ye r U Program 1BC1 Fund Source AMOUNT 467 1990 2660-101-042 90-91 20.25.010.100 C 258010 042-T 106250.00 04-ALA-O-DBLN DATE: 08/02/91 PAGE: 2 SB91-5432 (572) r SPECIAL COVENANTS OR REMARKS 1. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. The total amount of State-Local Transportation Partnership funds payable by the State shall not exceed $106250 to be encumbered and reimbursed as follows: FY 90-91 $ 0 FY 91-92 106250 FY 92-93 0 This agreement is valid and enforceable only if sufficient funds are made available by the California State Legislature. Any subsequent State Partnership funding changes will be made through a revised finance letter. 2. State share funds are based on the original project application amount.