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HomeMy WebLinkAboutCalifornia, State Of; 1978-11-21; 11-5308PROGRAM SUPPLEMENT NO. 020 Rev. 1 to LOCAL AGENCY-STATE AGREEMENT FOR FEDERAL-'AID PROJECTS NO. 11-5308 Estimated Cost $18, 144,294.00 Date :December 29,2003 Location: 1 I-SD-O-CBD Project Number: STpL-5308(007) * E.A. Number: 11-955753 Federal Funds Matching Funds Bh4NO $5,219,009.00 LOCAL OTHER BSRO $320,000.00 4240 $6,196,5 15.00 $6,408,770.00 $0.00 $0.00 This Program Supplement is hereby incoIporated into the Local Agency-State Agreement for Federal Aid which was entered into between the Local Agency and the State on 11/21/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article I1 of the aforementioned Master Agreement under authority of Resolution No. -00- ~353 , approved by the Local Agency on /a/ 5-00 (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: IN THE CITY OF CARLSBAD ON RANCHO SANTA FE ROAD OVER SAN MARCOS CREEK, 3.8 MILES SOUTH OF SR 78, BRD. # 57C-0278. TYPE OF WORK : Bridge Replacement LENGTH: 0.1 (MILES) U ~ I hereby certify upon my personal knowledge that budgeted funds are available for this encurabrance: Accounting Office Date /2 ., 9 0 00 3 $1 1,735,524.00 Chapter Statutes BC Category Fund Source AMOUNT 379 2002 2660-1 02-890 2002-2003 20.x010.8 10 C 262040 892-F 11,415,524.00 1 62 1996 2660- 101 -890 96-97 20.30.01 0.8 10 C 262040 892-F 320,000.00 - v Program Supplementll-5308-020-R1 ISTgA Page 1 of 3 . 1 1-SD-0-CBD STPL-5308(007) 12/29/2003 SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the most current published Local Assistance Procedures Manual. 2. All project repair, replacement and maintenance involving the physical condition and the operation of project improvements referred to in Article I11 MAINTENANCE, of the aforementioned Master Agreement will be the responsibility of the ADMINISTERING AGENCY and shall be performed at regular intervals and as required for efficient operation of the completed project improvements. 3. This agreement supplements the ADMINISTERING AGENCY-State Master Agreement for Federal-Aid projects, with the understanding that all provisions of the Transportation Equity Act (TEA-21) apply. 4. The ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act and OM6 A-133 if it receives a total of $300,000 or more in federal funds in a single fiscal year. The federal funds received under this project are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning C Research. OMB A-133 superceded OMB A-128 in 1996. A reference to OMB A-128 in a Master Agreement (if any) is superceded by this covenant to conform to OMB A-133. 5. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration (FHWA) in the Federal-Aid Project Authorization/Agreement or Amendment/Modification (E-76) and accepts any resultant increases in ADMINISTERING AGENCY funds as shown on the Finance Letter, any modification thereof as approved by the Division of Local Assistance, Office of Project Implementation. 6. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after the project contract award. A copy of the award package shall also be included with the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract to: Department of Transportation Division of Accounting Local Programs Accounting Branch, MS#33 Program Supplementll-5308-020-R1 ISTEA Page 2 of 3 . 11-SD-n-CB3) STPL-5308(007) 12/29/2003 SPECIAL C0VE"TS OR REMARKS P. 0. Box 942874 Sacramento, CA 94274-0001 Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Packagerr of the Local Assistance Procedures Manual and LPP 01-06. 7. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available for new phase(s) of work by future Federal obligations will be encumbered on this PROJECT by use of a STATE approved lrAuthorization to Proceedrr and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase (s) with an rrAuthorization to Proceedr1 and will not proceed with future phase(s) of this project prior to receiving an rlAuthorization to Proceedrr from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s) . 8. Program Supplement11-5308-020-R1 ISTEA Page 3 of 3 * Pates September 26, 1996 PROGRAM SUPPLEMXNT NO. 020CQNFOR ED Location: 11-SD -0-CBD : 320000 0 to roject: Numberg STPLF-5308 (007) 4 LOCAL AGENCY - STATE AGREEMENT 6(?.$" E,A. Numberr 11-955753 FOk FEDERAL-AID PROJECTS NO, 11-5306 This Program Supplement is hereby incorporated into the Local Agency-State Agreement for Federal Aid which was entered into between the Local Agency and the State on 11/21/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article XI of the aforementioned Master Agreement under uthority of Resolution No. f' b-7 7 (See copy attached). The Local Agency further stipulates that as a condition to paymenr. of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. , approved by the Local Agency on 1 : Tip) 4 b PROJECT TERMINI: IN THE CITY OF CARLSBAD ON RANCHO SANTA FE ROAD OVER SAN MARCOS CREEK, 3.8 MILES SOUTH OF SR 78, BRD. # wc-0278. OTHER $ 80000 $ 0 I OTHER Local TYPE OF WORK: BRIDGE REPLACEMENT LENGTII: 0'.1 (MILES) I PROJECT CLASSIFICATION OR PHASE(S) OF WORK [XI Preliminary Engineering [XI Right-of -Way [ 1 [ 1 Construction Engineering [ 1 Construcrion Date Novemb-er 2$& 1996 ~ - - - STATE OF CALIFORNIA Departme- of Tmsportation e of Local Prosrams - pro j ec t Implement at ion Attest Title ---- I hereby Certify upon my perdoMl knowledge that budgerad fun& are available for than encumbrance: Accounting OEfic &p?mmay Date 9J6-96 $ 320000 I 00 pmoyrrr Chapter1 Scarurce I Itam Program lECl Fund Saurce I c 2~2040 ~92-p 320000.00 162 1396 2660-101-890 Page 1 of 2 Ki 39Vd NVtlllU3 69SSLZZ9T6 ZZ :60 P00Z/9T/T0 i . 11-SD -0-CBD STPLF-5308 (007) DATE: 09/26/96 SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Maeter Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency agrees the payment of Federal funds will be ' limited to the amounts approved by the Federal Highway . Administration in the Federal-Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs. Agreement for Federal-Aid projects, with the understanding that all provisions of the 1991 Internodal Surface Transportation Efficiency Acc (ISTEA) apply. project in accordance with the current Local Program Procedures. or the new Local Programs Manual, when issued. 5. Right of Way appraisal and acquisition cannot be initiated until the Environmental document has been approved by the Federal Highway Administration and/or Caltrans. 3. This agreement supplements the Local Agency-State Master 4. The Local Agency will advertise, award and administer this 6. This Program Supplement will be revised at a later date to include other phases of work. 7. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal-Aid Program. 8. Whenever the local agency uses a consultant on a cost plus basis, the local agency is seq.zired to submit,, a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub-contractor incurring over $25,000 on the project. 'The audit report must stare the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. ZB 39Vd NV'tlllU3 Page 2 of 2 69G8LZZ9T6 ZZ :60 P00Z/9TlT0 L "Ite: February 3. 1995 PROGRAN BUPPLRMENT -40. 019 Loa&-Aon: ll-SD -&CBD *.. to Project Number: BRLN-5308(001) LOCAL AGENCY-STATE AGREEMENT E.A. Number: 11-119914 FOR FEDERAL-AID PROJECTS NO. 11-5308 This Program Supplement is hereby incorporated into the Local Agency-State Agreement for Federal Aid which was entered into between the Local Agency and the State on 11/21/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. 95-74 I approved by the Local Agency on March 28, 1995 (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: Carlsbad Blvd. @ San Marcos Cr Br. 57C-211L TYPE OF WORK: Replace Bridge LENGTH: 0.1 (MILES) PROJECT CLASSIFICATION OR PEASE(B) OF WORK [XJ Preliminary Engineering [ J Right-of-Way [ ] [X] Construction Engineering [X] Construction Estimated Cost1 Federal Funds I Matching Funds $ Local OTHER OTHER 1449550 118 $ 1158160 $ 291390 $ 0 $ 0 $ 0 Mayor Date Attest Title Date 9 -7-q< I hereby Certify upon my personaL knowledge that budgeted funds are available for this encmtmnce: -flmc3- Date 2 '3-s $ 1158160.00 Accounting Offic Chapter1 Statutes 1 139 1994 Item 2660-101-890 94-95 20.30.010.300 Fund Source 1 AMOUNT C 224060 892-F 1158160.00 Page 1 of 2 l -c c 11-SD -0-CBD -* BRLN-5308(001) -. DATE: 02/03/95 SPECIAL COVENANTS OR REMARKS 1. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 2. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal-Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 3. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal-Aid Program. 4. Whenever the local agency uses a consultant on a cost plus basis, the local .agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub-contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 PROGRAM SUPPLEMENT NO. 018 Rev. 1 ’ to LOCAL AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 11-5308 i Date : September 19,2000 Location: 1 I-SD-O-CBD I Proj ect Number: CML-5308(005) E. A. Number : 1 1-955586 This Program Supplement is hereby incorporated into the Local Agency-State Agreement for Federal Aid which was entered into between the Local Agency and the State on 11/21/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. 2 600 - 1 73 , approved by the Local Agency on 0 6/a h / 0-9 (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: San Diego Train Station to Oceanside Transit Center TYPE OF WORK : Prepare Feasibility Study LENGTH: 42 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Preliminary Engineering [ ] Right-of-way [ ] Construction [ 3 Construction Engineering [X] Other Estimated Cost Matching Funds Federal Funds 320 $768,000.00 OTHER TSM MATCH LOCAL $1,637,736.00 $0.00 $192,000.00 $77,736.00 Q22 $600,000.00 CITY OF CARLSBAD BY Date Attest Title I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: - Accounting Offic Date $1,560,000.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT 52 2000 2660-101-890 2000-2 C 262040 892-F 600,000.00 139 1994 2660-101-890 94-95 20.30.010.820 C 262040 892-F 768,000.00 139 1994 2660-125-042 94-95 20.30.010.821 C 258020 042-T 192,000.00 Program Supplement ll-5308-018-R1 ISTEA Page 1 of 2 "1 1 -SD-0-CBD 0911 912000 CML-5308(005) SPECIAL COVENANTS OR REMARKS 1. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 2. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal-Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs Project Implementation. 3. State Traffic System Management (TSM) funds are being made available to match only those federal funds eligible in accordance with Section 182.4 of the Streets and Highways Code and as permitted by Article XIX of the State Constitution. 4, Federal funds eligible for TSM match will be proportional to the total federal participating amount established at contract award as indicated on the Finance or Bid Letter or its modification. 6, This agreement is being Revised to add Federal TEA funds. Program Supplementll-5308-018-R1 ISTBA Page 2 of 2 4 Exhibit 2 1 . -PROGRAM BUPPLEMENT 3. 018 Bzte: December 21, 1994 Looa ion: ll-SD -00CBD to Project Number: CML-5308(005) LOCAL AGENCY-STATE AGREENENT E.A. Number: xl-955586 FOR FEDERAL-AID PROJECTS NO. 11-5308 This Program Supplement is hereby incorporated into the Local Agency-State Agreement for Federal Aid which was entered into between the Local Agency and the State on 11/21/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. 95-70 I approved by the Local Agency on March 21, 1995 (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINX: ALONG AND WITHIN NSDCTDB AND MTDB RIGHT-OF-WAY FROM SAN DIEGO TRAIN STATION TO OCEANSIDE TRANSIT CENTER. COASTAL RAIL/TRAIL BIKEWAY STUDY TYPE OF WORK: COASTAL RL/TRL BIKEWAY FEASIBILITY STUDYLENGTH: 42.0 (MILES) PROJECT CLASSIFICATION OR PEASE(S) OF WORK [XJ Preliminary Engineering [ ] Right-of-Way [ ] [ ] Construction Engineering [ ] Construction Estimated Cost1 Federal Funds I Matching Funds $ Local TSM OTHER 960000 320 $ 768000 $ 0 $ 192000 $ 0 $ 0 TRANS. PLANNING AND DEMAND MGMT. Date 3- 2 7- 95- Attest Aletha L. Rautenkranz Title Citv Clerk I hereby Certify upon my personal knowledge that budgeted funds are available for this enctirance: _ Accounting Office mIrJ?J7mm Date /2*2/*9+ $ 960000.00 Chapter1 Statutes 1 Item [ j Tew Program PC1 Fund Source I AMOUNT 139 1994 2660-101-890 94-95 20.30.010.820 C 262040 892-F 768000.00 139 1994 2660-125-042 94-95 20.30.010.821 C 258020 042-T 192000.00 Page 1 of 2 5 .+- e * - ll-SD -00CBD CML-5308(005) . 1. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal-Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. DATE: 12/21/94 3. 4. 5. 6. 7. SPECIAL COVENANTS OR REMARKS State Traffic System Management (TSM) funds are being made available to match only those federal funds eligible in accordance with Section 182.4 of the Streets and Highways Code and as permitted by Article XIX of the State Constitution. Federal funds eligible for TSM match will be proportional to the total federal participating amount established at contract award as indicated on the Finance or Bid Letter or its modification. This Agreement supplements the Local Agency-State Master Agreement with the understanding that all provisions of the 1991 Intermodal Surface Transportation Efficiency Act and CMAQ provisions apply. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal-Aid Program. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub-contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 6 L L i-r . r-e: May 17, 1994 PROGRAM SUPPLEMENT 1,. 017 Locatun: ll-SD -0-CBD to Project Number: STPLE-5308(002) LOCAL AGENCY-STATE AGREEMENT E.A. Number: 11-117264 FOR FEDERAL-AID PROJECTS NO. 11-5308 This Program Supplement is hereby incorporated into the Local Agency-State Agreement for Federal Aid which was entered into between the Local Agency and the State on 11/21/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. g&- 149 , approved by the Local Agency on (See copy attached). 7 3litiJE Irq+ The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: JEFFERSON STREET BIKE LANES TYPE OF WORK: CONSTRUCT BIKE LANES,LANDSCAPE/MITI LENGTH: 0.1 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ I Right-of-Way [ ] [X] Construction Engineering [Xl Construction Estimated Cost1 Federal Funds I Matching Funds $ Local OTHER OTHER 217900 33B $ 162700 $ 55200 $ 0 $ 0 $ 0 ,, / / /I / CITY OF C BY f BY Date June 8, 1994 Date &.f& 5?+ 19c)y Attest Aletha L. Rautenkranz Title mtv Clerk STATE OF CALIFORNIA DEPUTY DISTRICT DIRECTOR, TRANS. PLANNING AND DEMAND MGMT. I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Office Date 5,/7-v $ 162700.00 Chapter1 Statutes 1 Item Program IBCl Fund Source I AMOUNT 55 1993 2660-101-890 93-94 20.30.010.825 C 262040 892-F 162700.00 Page 1 of 2 *. : ll-SD -0-CBD STPLE-53081002) DATE: 05/17/94 SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal-Aid Project Agreement (PR-al/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. This agreement supplements State/County Master Agreements No. 11-5308 and pertains to the Federal Transportation Enhancement Activities (TEA) funding with the understanding that all provisions of the 1991 Intermodal Surface Transportation Efficiency*Act (ISTEA) apply. 5. In accordance with the California Transportation Commission (CTC) Resolution No. FP-93-37 passed on March 31, 1994 the maximum Federal TEA funds available for this project are $162,700 unless provided otherwise by the CTC. 6. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal-Aid Program. 7. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub-contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 ir - : .; , d c .! ate: PROGRAM SUPPLEMENT January 6, 1993 2. 016 Loca,ion: ll-SD -0-CBD to Proj,ect Number: DPI-0013(001) * LOCAL AGENCY-STATE AGREEMENT E.A. Number: 11-153914 FOR FEDERAL-AID PROJECTS NO. 11-5308 This Program Supplement is hereby incorporated into the Local Agency-State Agreement for Federal Aid which was entered into between the Local Agency and the State on 11/21/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. 93-37 (See copy attached). ' approved by the Local Agency on 2116193 The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: I-5 from 0.4 miles south to 0.9 miles north of Palomar Airport Rd. $ -rrf?laLczti 4.. A.. e , c’, ,P)’ Y TYPE OF WORK: Widen OC; Reconst. & Signalize Ramps LENGTH: 1.3 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right-of-Way [ ] [x] Construction Engineering [x] Construction Estimated Cost/ Federal Funds I Matching Funds 4250000 367 $ $ Local OTHER OTHER 897600 $ 3352400 $ 0 $ 0 n 0 STATE OF CALIFORNIA Department pf Transportation BY DEPUTY DISTRICT DIRECTOR, SPECIAL FUNDED PROJECTS . Date 02-w-x3 Date Attest llJtxb!Q& Title City Clerk I hereby Certify upon my personal knowledge that budgeted funds are available for this encunbrance: Accounting OfficemV)*)7brta& Date /-t-193 3 897600.00 Chapter 1 Statutes ) Item Program PI Fund Source I AMOUNT 587 1992 2660-101-890 92-93 20.30.010.680' C 262042 892-F 897600.00 Page 1 of 2 *a , .’ * - ll-SD -0-CBD DATE: 01/25/93 DPI-0013(001) SPECIAL COVENANTS'CR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the.Local Agency and/or the respective agencies as determined by agreement at regular intervals or as required for efficient operation of the completed improvements. 2. 3. 4. I 5. 6. 7. 8. 9. The State will advertise, award, and administer this contract. The Local Agency will reimburse the State for their share of costs for.work requested.to be performed by the State. The Local Agency agrees.the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal-Aid Project Agreement (PR-2)/Detail ':, Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. The Federal Demonstration funds reflect the current allocations for 91/92 and 92/93 fiscal years as per the 1991 ISTEA. Additional amounts of approximately 18% per' year will be made available for future fiscal years through 1997 until the total $3,400,000 of Demonstration funds made available by the 1991 ISTEA has been allocated. The City will be credited and reimbursed any Federal Demonstration funding due the project as future fiscal year allocations become available. This Federal Demonstration project is being constructed in conjunction with State/Local Transportation Parthership project SB93-5398(036). The Parthership funding is covered by a separate agreement. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the llNondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal-Aid Program. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub-contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 , -:. Date: September 4, 1992 PROGRAM SUPPLEMENT NO. 015 Location: ll-SD -0-CBD to Project Number: STPLR-S350(001) LOCAL AGENCY-STATE AGREEMENT E.A. Number: FOR FEDERAL-AID PROJECTS NO. 11-5308 This Program Supplement is hereby incorporated into the Local Agency-State Agreement for Federal Aid which was entered into between the Local Agency and the State on 11/21/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. 92-352 I approved by the Local Agency on December 8, 1992 (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: IN CARLSBAD ON TAMARACK AVENUE AT THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY GRADE CROSSING NUMBER 2-230.1. TYPE OF WORK: INSTALL GRADE CROSSING WARNING DEVICES. LENGTH: 0.1 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right-of-Way [X]BY FORCE ACCOUNT [ ] Construction Engineering [X] Construction Estimated Cost1 Federal Funds I Matching Funds STATE OF CALIFORNIA _ StiCIAL FUNDED PROJECTS Date Attest KLETHA L. RAU Title CITY CLERK Date /zh&z I hereby Certify upon my personal knowledge that budgeted funds are avaitable for this encunbrance: Accounting Offic $ 4'6 ?b 59248.00 Chapter1 Statutes 1 Item /I J Year Ic/ Program Pcl Fund Source I AMOUNT 587 1992 2660-101-890 92-93 20.30.010.810 C 262040 892-F 59248.00 11-SD -0-CBD STPLR-S350 (001) DATE: 09/04/92 PAGE: 2 SPECIAL COVENANTS OR REMARKS 1. The cost of maintenance of the crossing shall be as allocated by Public Utilities Commission. 2. ~ll required pavement marking and advance warning signs shall comform to the requirements of MUTCD, 1988 and shall be placed in their proper location by the Local Agency at the time of completion of the Railroad's work. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal-Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the 'INondiscrimination Assurancesfl contained in the aforementioned Master Agreement for Federal-Aid Program. 5. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub-contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. -. -- r 1 2 3 4 t. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - RESOLUTION NO. 92-352 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT NO. 15 TO LOCAL AGENCY-STATE AGREEMENT NO. 11-5308 FOR THE TAMARACK AVENUE AT AT&SF RAILROAD CROSSING PROTECTION AND AUTHORIZING THE'MAYOR TO EXECUTE THE PROGRAM SUPPLEMENT. WHEREAS, the City Council of the City of Carlsbad has determined it necessary, desirable, and in the public interest to maintain local roadways within its jurisdiction; and WHEREAS, upgrading railroad crossing protection will enhance safety on Tamarack Avenue at the AT&SF railroad crossing; and WHEREAS, the City of Carlsbad and the State of California have previously entered into an agreement for Federal-Aid Programs; and WHEREAS, adequate funds have already been appropriated into the Tamarack Avenue Widening Project, Project No. 3203, to pay for the City of Carlsbad 10% share of the railroad crossing protection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That it is in the best interest of the City of Carlsbad to execute Program Supplement No. 15 to Local Agency-State Agreement No. 11-5308 for the Tamarack Avenue at AT&SF Railroad crossing protection. /// /// /// /I/ /// //I /// . *- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 . 20 21 22 23 24 25 26 27 28 3. That the City Council hereby authorizes the Mayor of the City of Carlsbad to execute said agreement. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 8th day of DECEMBER , 1992 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Nygaard, Finnila NOES: None ABSENT: Council Member Kulchin ATTEST: (SEAL)