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HomeMy WebLinkAbout1991-05-14; City Council; 11149; STATE-LOCAL PARTNERSHIP PROGRAM FUNDING AGREEMENT FOR MONROE STREET.. n 9 a 0 5 .. z 0 F 0 4 1 0 z 3 0 0 fii 'l,/' L a Cs OF CARLSBAD - AGENQ) BILL AB# Iclq? TITLE: STATE-LOCAL PARTNERSHIP PROGRAM DEPT. I- MTG. 5/14/91 FUNDING AGREEMENT FOR CITY A1 DEPT. ENG:MP CITY Mc RECOMMENDED ACTION: Adopt Resolution No. qf-lq3 authorizing the Mayor to execut certain agreements to receive State-Local Partnership Program fund for the Monroe Street improvements. ITEM EXPLANATION: On March 28, 1989, Council authorized the City Engineer to ma> application for funding for various projects under S~14o (now knou as the State-Local Partnership Program). On August 9, 1990, Council approved the Notice of Completion fo the Monroe Street Improvements. FISCAL IMPACT: Upon approval of the agreements, CALTRANS will send the Cit $131,093. This amounts to 21.773% of construction and constructio engineering costs of the project which were $602,090. EXHIBITS : 1. Location map. 2. Resolution No. 9l-j '4 3 authorizing the Mayor to executc certain agreements to receive State-Local Partnership Prograi funds fortheMonroe Street improvements . .J, I MONROE STREET 3. ~a5+iv +ypeeaeA 410. sL7-46-5306 Ll-. REsOLUPtod de. r?-P33, 76 QryAm SupkJLeme& p\ld # f -. 0 a I LOCATION MAP LEGEND ......... +: AREA .:.:.:.:.:.:.:.:.: .................. IMPROVED .................. .:.:.:.:.:.:.:.-.. ,:.:.:.:.:.:.:.:.: ....... ....... ......... ......... ......... I ELM AVENUE wmw \- N. '1.5. I PRoJECT NAME MARRON ROAD AND PROJECT P EXHl MONROE STREET .IMPROVEMENTS 3308 1 Q 1 2 3 4 5 6 7 a g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 91-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE CERTAIN AGREEMENTS TO RECEIVE STATE-LOCAL PARTNERSHIP PROGRAM FUNDS WHEREAS, Council adopted Resolution No. 85 authorizing the City Engineer to make application to CALTRANS SB140 funding for certain street improvements, and WHEREAS, the State of California has now retitled funding program State-Local Transportation Partnership Progrz NOW, THEREFORE, BE IT RESOLVED by the City Council 0: City of Carlsbad, California, as follows: 1. That the above recitations are true and correc 2. That the City .Council authorizes the Mayo: execute the Master Agreement and Supplement No. 1 for State-l Partnership Program funds for the Monroe Street improvements. PASSED, APPROVED AND ADOPTED at a regular meeting oj Carlsbad city Council held on the 14th day of May 1- by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Nygaard and NOES: None ABSENT: None Stanton ATTEST: ALETHA L. RAUTENKRANZ, City Clkk (5kaz& 2. fl- (SEAL) I 0 0 118/90 STATE-LOCAL ENTITY MASTER AGREEMENT NO. SLTPP-5308 STATE-LOCAL PARTNERSHIP PROGRAM (Pursuant to S&H Code Section 2600 et seq) Citv of Cared 11 DISTRICT LOCAL ENTITY THIS AGREEMENT, made in duplicate this day of 199-t by and between Citv of Carlsbad 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 I WHEREAS, as provided by Section 2600 et seq. of the Streets and Highways Code, MCAL ENTITY, has applied for State Share funds to be used for an I'Eligible Project" as defined, herein referred to as VROJECT1* 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 Temini and Type of Work of the Program 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 vi11 abide by the State/Local Partnership Program policies, procedures, guidelines Supplemental Agreement. and any special covenants in the Program 1 I, e Supplement which is made part of this agreement by reference. 4. The estimated cost and scope of PROJECT will be as shown in the approved Project Application which, by herein, is made part of this agreement. 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 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 percehtage as determined by the STATE by either: this reference A contract for an sufficient (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, subject of a separate cooperative agreement between the STATE and LOCAL ENTITY. PROJECT shall be the 2 ., e 0 -' . 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 ccnformance with the rules and regulations embodying such reqJirements 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 Pinal Audit, to be accomplished at the LOCAL ENTITY'S expense, nay 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 compliancc testing should ensure controls are in place to assure that: (a) Reimbursement claims submitted to the State for the project are supported by payment -Touchers and canceled checks. (b) Charges for the various categories of eligible costs incurred by the LOCAL ENTITY arz fully supported. (c) Ineligible costs were not claimed as reimbursable on the project. (d) Construction Engineering and contxgencies do not exceed 10% of contract items. (e) Local match funds were from an aF:roved source. 10. The Final Project Expenditure Report murt be completed . within 120 days of project completion and stould be in the format described in Volume I, Section 19, '3hibit 19-la of the Local Programs Manual. The Final Audit xust be completed by December 30th following the fiscal year 2f project completion. Project completion is defined zs when all work identified in the approved State/Local PaP-i-ership Application and Program Supplement Agreemerz has been completed and final costs are known. The re2ort documents (Final Project Expenditure Regort and Final Audit Report) will be sent to the appropriate Stata Department of Transportation District Office. Failure to :omply with these reporting requirements may result in withhlding of future 3 e 0 -. allocations by the Commission. 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. 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. LOCAL ENTITY shall enter into an agreement ARTICLE I1 - 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 TSE PROJECT free and clear of obstructions and encumbrances. (b) the payment of damages to real zroperty not actually taken but injuriously affected by the proposed improvement. (c) the cost of relocating owners and occupants pursuant to Government Code Sectiocs 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 -. a 0 removal legally obligated to be done by the LOCAL ENTITY. (f) the cost of all hazardous materials and waste clean up not reimbursable by prior c-aers. (9) 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 LDCAL ENTITY shall provide relocation payments and sexvices as required by California Government Code, Sections 7260-7277. ARTICLE 111 2 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 supemision of construction uork, 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 consultar,t shall be responsible for all engineering work. 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. When construction ARTICLE IV - Miscellaneous Provisions 1. The cost of maintenance performed by LOCAL ENTITY forces 5 -. e e ,. during any temporary suspension of the work or at any other time may not be charged to the PROJECT. 2. Neither STATE nor any officer or emplo._rae thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be doxz 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, pursLant to Government Code Section 895.4, LOCAL ENTITY shall fully indemnify and hold STATE hamless 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 LLCAL 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 dsne by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this agreement. 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) cccurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority, or jGisdiction 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 statt personnel at any time during project development and for a -Aree-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 requirlments. - It is also ARTICLE V - Accommodation of Utilizies 1. Utility facilities may be accommodated zn the right-of-way provided suck use and occupancy of the risht-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 ctherwise occupy the right-of-way is executed by the LOCAL ZXTITY and OWNER. The Use and Occupancy Agreement setting fo--th the terms under which the utility facility is to cross or ztherwise occupy 6 the right-of-wa a .ust include the provisio # set forth in ." Volume I, Section 12 of the LOCAL PROGRAMS MXTUAL 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. 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. LOCAL ENTITY shall require any utility company performing 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 EFTITY Department of Transportation BY B District Director of Transportation Date Date 5//f/? f CLAUDE A. LEWIS, Mayor ~ 7 to STATE-LOCAL TRANSPORTATION 11-SD -0-CBD E.A. Number: 11-955401 I e- a. .i 1 2 3 4 5 6 7 a 9 10 11. l2 13 14 15 16 17 18 -0 -1) RESOLUTION NO. 89-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBFr3, CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO RAKE APPLiCATION TO CALTRANS FOR SENATE BILL 140 FUNDING FOR CERTAIN ARTERIAL STREET IMPROVEMENTS. WHEREAS, the City Manager recommends arld the City Council concurs that City Engineer should be authorized to make application to CALTRANS for Sen Bill 140 Funding for certain arterial street improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsb California, as follows: 1. That the above recitations are true and correct. 2. That the City Council authorizes the City Engineer to n application to CALTRANS for Senate Bill 140 Funding for the following arter street improvements: A. B. Rancho Santa Fe Road - Melrose Averrue to La Costa Avenue C. 0. E. F. G. El Camino Real and other miscellaneous overlay and reconstruc Alga Road and Poinsettia Lane missing portion between 1-5 and El Camino Real. Cannon Road - 1-5 to east City Limits College Boulevard - El Camirio Real to Oceanside Monroe Street widening through Hosp Grove College Boulevard - Palomar Airport Road to Poinsettia Lane I projects 19 20 21 1 22 23 24 25 H. Tamarack Avenue - Carlsbad Boulevard to Jefferson Street PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad l , 1989 by the following vote Council held on the 28th day of March wit: AYES: Council Members Lewis, Kulchin, Mamaux, Larson & Pettine NOES: None ABSENT: None ‘ 26 27 28 U[L CLAUDE A. LE IS, Mayor ATTEST: I 1 4% (SEAL)