HomeMy WebLinkAboutResolutions - No. 91-108RESOLUTION NO. 91-108
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A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING THE STATE -LOCAL ENTITY MASTER AGREEMENT NO. SLTPP-5154
FOR STATE -LOCAL PARTNERSHIP PROGRAM AND PROGRAM SUPPLEMENTS
COVERING STREET IMPROVEMENTS TO MILLS AVENUE, LODI AVENUE TO ELM STREET
AND SACRAMENTO STREET, LOCKEFORD STREET TO TURNER ROAD
BE IT RESOLVED, 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
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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
Hinchman (Mayor)
Noes: Council Members - None
Absent: Council Members - Snider
)�-4
Alice M. Reimche
City Clerk
91-108
RES91108/TXTA.02J
CITY COUNCIL
DAVID M. HINCHMAN, Mayor
JAMES W. PINKERTON, Jr
Mayor Pro Tempore
PHILLIP A. PENNINO
JACK A. SIEGLOCK
JOHN R. (Randy) SNIDER
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 334-5634
FAX(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/Elm
SB91-5154 (035)
Sacramento-Lockeford/Turner
Dear Mr. Fisher:
THOMAS A. PETERSON
City Manager
ALICE M. REIMCHE
City Clerk
BOB McNATT
City Attorney
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-BUSINES TRANSPORTATION AGENCY
D E P A R T M E N T O F T R A N S P O R T A T I O N
P.Q. BOX 2048 (1976 E. CHARTER WAY)
STOCKTON, 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:
GEORGE DKUKMEJIAN , Governor
10-SJ-0-LODI
SB91-5154(033)
Mills Ave.-Lodi/Elm
SB91-5154(035)
Sacramento-Lockeford/Turner
�:..7
C+Tv 0 F
Attached in duplicate is State -Local Master Agreement filo. SLTPP-
5154 covering State -Local Agency Transportation Partnership projects
and Program Supplement Nos. 00i 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,
?-),I-
J. Fisher, P.E.
District Local Streets
and Roads Engineer
Attachments
Supplement which is de part of this agreemen,- by this
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 same.
5. If the total State Share for all eligible PROJECTS
exceeds the amount specified in subdivision (b) of
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 will 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 Project
Cost in the approved 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% 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 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.
18/90
STATE -LOCAL ENTITY MASTER AGREEMENT NO. SLTPP-5154
STATE -LOCAL PARTNERSHIP PROGRAM
(Pursuant to S&H Code Section 2600 et seq)
10 _City of Lodi
DISTRICT LOCAL ENTITY
THIS AGREEMENT, made in duplicate this ?of-hday of
.Tuna I 199_j_, by and between Mtv of T.nri; ,
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, 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
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
allocations by the G mission.
11. The State reserves the right to conduct separate
technical and financial audits if it is determined 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 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 II - Right -of -Way
1. All 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) 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
8. 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 embodying such requirements where
they are applicable.
9. After completion of all 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 I, 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
during any temporarj suspension of the work c' 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 LOCAL ENTITY
under or in connection with any work, authority, or
jurisdiction delegated to LOCAL ENTITY under this agreement.
It is also understood and agreed that, pursuant to Government
Code Section 895.4, LOCAL ENTITY shall fully indemnify and
hold STATE 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 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 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 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 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
removal 1 Illy obligated to be donr 'oy the LOCAL
ENTITY.
(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 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 PROJECT is eligible for cost sharing. The 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. 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 funds of LOCAL ENTITY.
ARTICLE IV - Miscellaneous Provisions
1. The cost of maintenance performed by LOCAL ENTITY forces
5
the right-of-way ist include the provision- set forth in
Volume I, Section 12 of the LOCAL PROGRAMS .NUAL published
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
Department of Transportation
By
District Director of Transportation
Date
7
LOCAL ENTITY
Y
, �,
Thomas A. Peterson, Cite Manager
Date jjipQ 20, iQgI
Approved as to form:
Bobb}r W. McNatt, City Attorney
Attest:
Alice M. Reimche
Cite Clerk
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.
Date: May -n, 1991
PROGRAM SUPPLEMENZ 40. 001 Loc. ion: 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 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:
MILLS AVE-LODI/ELM ST
TYPE OF WORK: AC OVERLAY LENGTH: 0.1} -(MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[X] Construction/Construction Engineering/Contingencies
Estimated Cost State Share Funds Matching Funds
FY91 $ 18,202 Local OTHER OTHER
$ 87,595 FY92 $ 0 $ 69,393 $ 0 $ 0
FY93 $ 0
CITY OF LODI
By Q t
Thomas A. Peterson
City Manager
Date JL1ne )n , 1991
Attest ka .1j, L1
Alice M. eimche
Title c,i ty C'1 Prk
STATE OF CALIFORNIA
Department of Transportation
By
DEPUTY DISTRICT DIRECTOR OF
TRANSPORTATION, DISTRICT 10
Date
Approved as to form:
I hereby Certify upon my personal knowledge thatbudgetedfunds are available for this encumbrance:
Accounting Officerire: 2 Date -5-7 2- —5/ $ 18202.00
Chapter Statutes I Item Year Program ISCI fund Source I AMOUNT
467 1990 2660-101-042 90-91 20.25.010.100 C 258010 042-T 18202.00
Date: May �__, 1991
PROGRAM SUPPLEMENT NO. 002 Location: 10 -SJ -O-LOD
to Project Number: SB91-5154(035)
STATE -LOCAL TRANSPORTATION I E.A. Number: 10-955381
PARTNERSHIP PROGRAM AGREEXENT NO. SLTPP-5154
This Program Supplement _s hereby incorporated into the State -Local Trans-
portation Partnership Program Agreement for State Share Funds which was
entered into between t_= Local Entity and the State on / / and is
subject to all the term= and conditions thereof. This Program Supplement
is adopted in accordance with Paragraph 3 of Article I of the aforemen-
tioned Master Agreement -.:--1der authority of Resolution No. ,
approved by the Local En ity 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/TURIN=R
TYPE OF WORK: RECONSTRUCT EXISTING ROADWAY LENGTH: O.Q (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[X] Construction/Constriction Engineering/contingencies
Estimated Cost State S' --are Funds Matching Funds
FY91 $ 0 Local OTHER OTHER
$ 253,096 FY92 $ 51,253 $ 201,843 $ 0 $ 0
FY93 $ 0
CITY OF LODI STATE OF CALIFORNIA
Department of Transportation
B r By
Thomas A. Peterson DEPUTY DISTRICT DIRECTOR OF
City Manager TRANSPORTATION, DISTRICT 10
Date sI>ne. ?01 1QQ1 Date
Attest j�slt y1t .�Approved as to form:
Alice M. R mche _?�gj
Title City Clerk
Bobby W. McNatt, itv Attorney
I hereby Certify upon my personal knoulecr that budgeted funds are available for this encumbrance:
Accounting Officer ��c.a..,� Date 15:'_ 3.7 -V/ $
Chapter Statutes I Item Year I Program 1BC1 Fund Source AMOUNT
467 1990 2660-101-042 90-91 20.25.010.100 C 258010 042-T 0.00
10 -SJ -0-LOD
SB91-5154(035)
SPECIAL COVENANTS OR REMARKS
DATE: 05/23/91
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
$51253 to be encumbered and reimbursed as follows:
FY 90-91 $ 0
FY 91-92 51253
FY :2-93 0
This agreement _s 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.