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HomeMy WebLinkAboutAgenda Report - June 20, 1991 (81)01 � acCITY OF LODI AGENDA TITLE: State -Local Entity Master Agreement for State -Local Partnership _Program and Program Supplement to Street Improvement Agreements for Mills Avenue, Lodi Avenue to Bm Street and Sacramento Street, Lockeford Street to Turner Road N>EEH'sU DATE: June 19, 1991 PREPARED BY: Public Works Director RECOMMENDED ACIIUN That the City Council adopt a Resolution approving the State -Local Entity Master Agreement No. SLTPP-5154 for State -Local Partnership Program and Program Supplement Nos. 001 and 002 covering street improvements to Mills Avenue, Lodi Avenue to Elm Street and Sacramento Street, Lockeford Street to Turner Road, respectively, and authorize the City Manager and City Clerk to execute the Agreements on behalf of the City. BACKGROUND Il43CRMATION The Master Agreement covers the use of the State -Local Partnership Program Funds as provided by Section 2600 et seq. of the Streets and Highway Code for eligible City projects. Under this program, the City could receive up to 50%o f the construction engineering and contingency costs of a project, however, the State computes a pro rata share of the funds available so that each eligible project will receive the same ratio of State share funding. The share will vary from year to year depending on the number of eligible projects submitted by local agencies. The City will be using these funds on three projects this year. The program supplements being approved with the Master Agreement cover two of these projects. The State share funds for Sacramento Street amount to $51,253 and for Mills Avenue $18,202. This is approximately 20.25% of the total contract. The State has very specific requirements regarding what local agencies use as matching funds. The City will be using TDA Funds for these State -Local Partnership Program projects. The TDA Funds are an allowable matching fund. FUNDM 124 Fund (TDA) as adopted in the Street/2'3pi tal Improvement Program eiveWAssistant sko s Director Prepared by Sharon Blaufus, Admini JLR/SB/lw APPROVED: THOMAS A. PETERSON City Manager CC -1 CMILLS3/TXTW.02M (CO.COM) June 11, 1991 RESOLUTION NO. 91-108 A RE50WHON OF THE LODI = COUNCIL APPROVING THE SI'ATEWCAL ENTITY 1V AAAA AGREEMENT NO, SLTPP-5154 FOR SI'ATEWCAL PARTNFIL4 P PROGRAM AND PROGRAM SLIFLEMENTS WVR4WJ STREET NRUVHVENIS TO MU -S AVENUE, hDDI AVENUE TO ELM STREET AND SARAM3ZO STREET, LOCKEFORD STREET TO TURNER ROAD BE IT RESOLMD, that the Lodi City Council hereby approves the State -Local Entity Master Agreement No. SLTPP-5154 for State -Local Partnership Program and Program Supplements Nos. 001 and 002 covering street improvements to Mills Avenue, Lodi Avenue to Elm Street and Sacramento Street, Lockeford Street to Turner Road; and FURTHER RESOLVED, that the City Manager and City Clerk are hereby authorized to execute said Agreements on behalf of the City. Dated: June 20, 1991 I hereby certify that Resolution No. 91-108 was passed and adopted by the Lodi City Council in an adjourned regular meeting held June 20, 1991 by the following vote: Ayes = Council Members - Pennino, Pinkerton, Sieglock and Hi nchman (Mayor) Noes: Council Members - None Absent: Council Members - Snider Alice M. Reimche City Clerk 91-108 RES91108/TXTA.023 June 25, 1991 Mr. J. J. Fisher, P.E. District Local Streets and Roads Engineer State of California Department of Transportation P.O. Box 2048 Stockton, CA 95201 10 -SJ -0 -Lodi SB91-5154 (033) Mills Avenue-Lodi/Else SB91-5154 (035) Sac ramento-Loc keford/Turner Dear 1VA Fisher: Pursuant to your May 30, 1991 letter, enclosed please find State -Local Master Agreement No. SLTPP-5154 covering State -Local Agency Transportation Partnership Projects and Program Supplement Nos. 001 and 002 executed by the appropriate City officials. We have also enclosed a certified copy of the authorizing Resolution No. 91-108. Following execution by the State, one original of each should be returned to us. Should you have any questions regarding this matter, please do not hesitate to call this office. Very truly yours, Alice M. Reimche City Clerk AMR/imp cc: Sharon Blaufus, Administrative Assistant Public Works 0114% AQ� CITY COUNCIL THOMAS A. PETERSON City Manager DAVID M H{NCHNIAN .,ayor CITY OF L O D I ALICE M. REIMCHE IAMES W PINKERTON Ir City Clerk Mayor Pro rempore PHILLIP A PENNINO CITY HAI L. 221 WEST PINE STREET BOB MCNATT JACKA SIECLOCK PO BOX 3006 City Attorney I ODI CALIFORNIA 95241-1910 JOHN R (Randy) SNIDER (209)334-5634 FAY (209) 333 6795 June 25, 1991 Mr. J. J. Fisher, P.E. District Local Streets and Roads Engineer State of California Department of Transportation P.O. Box 2048 Stockton, CA 95201 10 -SJ -0 -Lodi SB91-5154 (033) Mills Avenue-Lodi/Else SB91-5154 (035) Sac ramento-Loc keford/Turner Dear 1VA Fisher: Pursuant to your May 30, 1991 letter, enclosed please find State -Local Master Agreement No. SLTPP-5154 covering State -Local Agency Transportation Partnership Projects and Program Supplement Nos. 001 and 002 executed by the appropriate City officials. We have also enclosed a certified copy of the authorizing Resolution No. 91-108. Following execution by the State, one original of each should be returned to us. Should you have any questions regarding this matter, please do not hesitate to call this office. Very truly yours, Alice M. Reimche City Clerk AMR/imp cc: Sharon Blaufus, Administrative Assistant Public Works STATE OF CALIFORNIA -BUSINESS A MPORTATIOH AGENCY GEORGE DEUKKLTIAN, Governor DEPARTMENT OF TRANSPOR-rATION P.Q. 80X 2048 (1976 E. CHARTER WAY) STOCKTQN, CA 95201 (209) 948-7937 May 30, 1991 Mr. Jack L. Ronsko: Director of Public Works City of Lodi Call Box 3006 Lodi, CA 95241-1910 Attention Sharon Blaufus Dear Mr. Ronsko: 10-SJ-0-L'DDI SB91-5154(033) Mills Ave.-Lodi/Elm SB91-5154(035) Sacramento-Lockeford/Turner . �1i i s 199 � .;-_ CIT, O �0-1 Attached in duplicate is State -Local Master Agreement No. SLT PP -- 5154 covering State -Local Agency Transportation Partnership projects and Program Supplement Nos. 001 and 002. Please have the Master Agreement and the Program Supplements executed by the proper officials and return all originals to this office together with the authorizing resolution(s) . The Program Supplements must contain: 1. Date of Execution. 2- Original signature of board member or other authorized official. 3. Original signature of attestor and title. The authorizing resolution(s) must be stamped and have an original signature by the Clerk and/or original signature by a board member. After the documents have been executed by the State, one original of each will be returned for your files - Very Truly yours, am'�_ 042�. . J. Fisher, P.E. District Local Streets and Roads Engineer Attachments 18/90 STATE -LOCAL ENTITY MASTER AGREEMENT NO. �P-5154 STATE -LOCAL PARTNERSHIP PROGRAM (Pursuant to S&H Code Section 2600 et seq) 10 Citv of .Lodi DISTRICT LOCAL ENTITY THIS AGREENT, made in duplicate this 70,.,,day of �„no 199_1_, by and between (;; tit of I.nrii r a City, County, or LOCAL ENTITY, as defined in Streets and Highways Code Section 2601(a), hereinafter referred to as "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, LOCA.L 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 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, procedures, guidelines and any special covenants in the Program 1 Supplement which,': made part of t h i s agre•.'"'I.nt by t h i s reference. 4. The estimated cost and scope of PROJECT will be as shown in the approved Project Application which, by reference herein, is made part of this agreement. A contract for an amount in excess of said estimate may be awarded and expenditures may exceed said estimate provided LOCAL ENTITY will provide the additional funding and that sufficient LOCAL ENTITY money is available to finance sane. 5. If the total State Share for all eligible PROJECTS exceeds the amount, specified in subdivision (b) c Section 2600 of the Street and Highways Code, .the STATE shall compute the pro rata. share of State Share' funds to be available so that each eligible PROJECT will receive the same ratio of State Share to local share funding. 6. The LOCAL ENTITY agrees that the payment of State Share Funds w i 1 1 be limited to the lesser of the product of multiplying the calculated pro rata percentage as determined by the STATE by either: (a) the Total eligible State/Local Partnership Proj ect Cost in the aRproved State/Local Partnership Program 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% fcr 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 LOChL ENTITY may request and shall receive payment for eligible work as follows: (a) STATE w i 1 1 pay it's proportionate "State's Share" of the eligible participating costs upon LOCAL ENTITY submittal of acceptable monthly progress pay estimates for expenditures. Initial progress billings should cover completed or underway contract work. (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. ,-IN S. The Legislature of the State of California and the Governor of the State of California, each within their 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 enbodying such requirements where they are applicable. 9. After completion of a 1 1 work under this agreement and after all costs are known, LOCAL ENTITY shall contract for a 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 funding. 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. 10. The Final Project Expenditure Report must be completed within 120 days of project completion and should be in the format described in Volume 1, 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 of Transportation District Office. Failure to comply with these reporting requirements may result in withholding of future 3 allocations by tt"ommission. 11. The State reserves the right to conduct separate technical and financial audits if it is determined necessary, After the financial audit, LOCAL ^.a`TTITY shall re fund 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 aYnount 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 with the railroad providing for maintenance of the protective devices or other facilities installed under the service contract and for Railroad Protective Insurance during construction as necessary, ARTICLE 11 - Right-of-way 1. A 1 1 related rights-of-way as are necessary for the construction PROJECT shall be acquired by LOCAL ENTITY at its own expense and no contract for construction of PROJECT, or 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) a l l 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 iega- . obligated to be done by;�,*ne LOCAL ErrTITY . (f) the cost of all hazardous materials and waste clean up not reimbursable by prior owners. (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 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 Cnde, Sections 7260-7277. ARTICLE III - Engineering 1. "Preliminary Engineering" costs nay 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 PROJECT is eligible for cost sharing. Tha LOCAL ENTITY shall contribute its general administrative and overhead expense and not bill that cost as part of local contributions. 3. Unless the parties shall otherwise agree in writing, LOCAL ENTITY'S employees or engineering consultant shall be responsible for all engineering work. Shen 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 funds of LOCAL ENTITY. ARTICLE IV - Miscellaneous Provisions 1. The cost of maintenance per`ormed by LOCAL ENTITY forces 5 during any temp: -try suspension of the wo. or at any other time say not be charged to the PROJECT. 2. Pi->ither 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 LOCAL ENTITY under or in connection with any work, authority, or jurisdiction delegated to LOCAL ENTITY under this agreement. It is a .so understood and agreed that, pursuant to Goverruier.t Code Section 895.4, LOCAL ; NTIi- Y shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 814.8) occurring by reason of anything done or omitted to be done by LOCAL ENTITY under or in connection with any work, authority, or jurisdiction delegated to LOCAL ENTITY under this agreement. 3. Neither LOCAL ENTITY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reasons of anything dcne or omitted to be done by STATE under or in conr►ection 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 ^hall 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 far 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 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 the 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 terns 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 north the terms under which the utility facility is to cross or other-dise occupy P the right-of-way mu:`"'zinclude the provisions set forth in Volume I, Section 12 1.)'f the LOCAL PROGRAMS MA1published 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-way, such work shall be performed in accordance with STATE policy and procedure. 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 District Director of Transportation Thomas A. Peterson, Cite Manager Date 7 Date Tura :d. 199; A:ieroved as to fora: Bobbv W. 'dcNatt, City orney Attest: Alice M. Rei:iche City Clerk r"4 Date: May 22, 'x,991 PROGRAM SUPPLENIENT NO 001 Locatic 10 -SJ -0-LOD to Project Number: SB91-5154 (033) STATE -LOCAL TRANSPORTATION E.A. Number: 10-955380 PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5154 This Prcgram 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 terns 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 adcepts and will comply with any covenants or remarks setforth on the following pages. PROJECT TERMINI: MILLS AVE-LODI/ELM ST TYPE OF WORK: AC OVERLAY LENGTH: 0 .4. (M I LES ) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Construction/Construction Engineering/ Cont inger-cies FY91 $ 18,202 Local OTHER�OTHER $ 87,595 FY92 $ 0 $ 69,393 $ 0�$ 0 FY93 $ 0 Date X20 l Hca_, D a t e Attest /fJ' zIL��� Approved as to form: Alice M. eimche (i(� Title r; ty ('1 prk Rnhh3z W McNatf , ri tU Attarne- I hereby Certify upon my personal knowledge that budgeted funds are avaitable for this encumbrance: Accounting Officer 7!�Dan / o- Date S7 Z-5 $ 18202.00 Chapter Statutes I Item Year Progral 1BC1 Fund Source AMOUNT 467 1990 2660-101-012 90-91 20.25.010.100 C 258010 012-1 18202.00 10 -SJ -0-LOD SB91-5154 (033) SPECIAL COVENANTS OR REMARKS DATE: 05/22/91 PAGE: 2 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 $18202 to be encumbered and reimbursed as follows: FY 90-91 $ 18202 FY 91-92 0 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 eligible portion of the contract low bid plus 10 percent. PROGRAM SUPPLEMENT NO. 002 Location: 10 -SJ -0-LOD to Project Number: SB91-5154 (035) STATE -LOCAL TRANSPORTATION E.A. Number: 10-955381 This Program Supplement :.s hereby incorporated into the State -Local Trans- portation Partnership P_ogram Agreement for State Share Funds which was entered into between tte Local Entity and the State on / / and is subject to all the ter.= and conditions thereof. This Program Supplement is adopted in accordancr with Paragraph 3 of Article I of the aforemen- tioned Master Agreement y-lder 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 projec=, it accepts and will comply with any covenants or remarks setforth on the -ollowing pages. PROJECT TERMINI: SACRAMENTO-LOCKEFORD/TURNER TYPE OF WORK: RECONSTRUCT EXISTING ROADWAY LENGTH: 0.1; (MILES) PROJECT CLASSIFICATION OR PRASE(S) OF WORK [XJ Construction/Constr.:ction Engineering/Contingencies Estimated Cost( State Share Funds i Matching Funds FY91 $ 0 Local OTHER $ 253,096 FY92 $ 51,253 $ 201,843 $ 0 FY93 $ 0 Date jiinp 7nr_191 Date .4 A t t e s tApproved as to form: ' 1' Alice M_ R mch Title City Clerk Bobby W. McNatt, CitV Attorney 1 hereby Certify upon my personat knowt eon :hat budgeted funds are available for this encumbrance: Accounting Officer AAi�_ ,,,, Date 5-21 y/ $ J.-0 Chapter Statutes ! Item Year I Program ISCI Fund Source AMOUNT 467 1990 2660-101-042 90.91 20.25.010.100 C 258010 042-T 0.00 M- 10 -SJ -0-LOD DATE: 05/23/91 SB91-5154 (035) PAGE: 2 SFECIAL COVt1tdA;�J11i<t 1)Jj REMARKS 1. it is mutually understood patWhr-til the parties that this contract may have been writ�tsii P@&f@re ascertaining the availability of legislatiVh ?' Ogipiation of funds, for the mutual benefit of both PA} in order to avoid program and fiscal delays C-hgl- w�3ijjd occur if the agreement were executed afWhAt determination was made.- The total amountof of State- W `;1' ►�spprtation Partnership funds payable 14Y I-11— ate shall not exceed $51253 to be encumbered atilt X{{t{13llEsed as follows: FY 90-91 $ 0 FY 91-92 X1053 FY 92-93 0 This agreements valid at>d Qi1fpiiU@able only if sufficient funds are made My41jgt3J@ by the California State Legislature. Any subsequent State Partn@rgllf t�l0d�ng changes will be made through a revised fin6np@ �gttgr. 2 State share funds are based lit original project application amount.