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Home My WebLink About1993-003 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 93-3 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF STATE-LOCAL ENTITY MASTER AGREEMENT NO. SLTPP - 5033, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE STATE - LOCAL PARTNERSHIP PROGRAM, PURSUANT TO SECTION 2600, ET. SEQ., OF THE STREET AND HIGHWAYS CODE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION ONE: The Mayor of the City of San Bernardino is hereby authorized to execute, in behalf of said City, State - Local Entity Master Agreement No. SLTPP-5033, between said City and the State of California, acting by and through its Department of Transportation, relating to the State - Local Partnership Program, pursuant to Section 2600, et. seq., of the Streets and Highways Code, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length herein. SECTION TWO: The agreement shall not take effect until fully signed and executed by all parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION THREE: The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. / / / / / / / / / / / / 12-09-92 RES 93-3 RESO': AUTHORIZING STATE-LOCAL. ENTITY MASTER AGREEMENT NO. SLTPP - 5033 WITH STATE OF CALIFORNIA PE~ARTMENT OF TRANSPORTATION. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a meeting thereof, held on the regular 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 11th day of , 1993, by the following vote, to-wit: January Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x REILLY x HERNANDEZ x MAUDSr~EY x MINOR x POPE-LUDLAM x MILLER x ~~k~c~erk The foregoing resolution is hereby approved this \~, Of~~~\."'"..",\., '\ , 1993. day / ,/ Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 23 24 25 26 27 28 By ~'V\Lo j (/ ~ 11- ve~~ - 2 - Res ge- 3 .....:ii':'!,-..-...,.' 1 VF\.!....~:, j'i/ '\~_ "/18/90 STATE-LOCAL ENTITY MASTER AGREEMENT NO. SLTPP-~011 STATE-LOCAL PARTNERSHIP PROGRAM (Pursuant to S&H Code Section 2600 et seq) 08 DISTRICT CITY OF SAN BERNARDINO LOCAL ENTITY THIS AGREEMENT, made in duplicate this 9 day of Fe.bv,,-Q.V' 199:2., by and between CITY OF SAN BERNARDINO , a City, tounty, 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 fo'r 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 RES 93-3 Supplement which is made part of this agreement 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. 2 RES 93-3 ('"1.'7' ! ,-~: \ 1 ,~ 1 -,,"\.~'__1.'IJ-I.,L 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 s~all 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 partn~~ship 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 RES 93-3 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. 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 RES 9~-3 (~. ",~ ;-:-, (> l .,i. 1 "...... ,\, .,....... I/'~.'..." 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 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 acqu~r~ng 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 RES 93-3 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 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 sonrce of local match funds will be checked to determine if the source complies with the program requirements. ARTICLE V - Accommodatio~ 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