HomeMy WebLinkAbout18- Public Works CITY OF SAN BERM 'DINO - REQUEST F« COUNCIL ACTION
File No. 1.311
Authorization to Execute State-
From: ROGER G. HARDGRAVE Subject: Local Entity Master Agreement
No. TSM/FCR - 5033 with State of
Dept: Public Works California - Traffic Systems
Management/Flexible Congestion
Date: 5-24-93 Relief Programs
Synopsis of Previous Council action:
11-02-92 -- Resolution No. 92-414 adopted authorizing execution of
an Agreement with BSI Consultants, Inc. , for
professional design services; and appropriation of
$271 , 000 , under Account No. 242-362-57311 approved.
Recommended motion:
Adopt resolution.
cc: Shauna Clark
Jim Penman
ZI ature
Contact person: Roger G. Hardgrave Phone: 5025
Staff Report,
Supporting data attached: Agreement & Resolution Ward: 2, 6 & 7
FUNDING REQUIREMENTS: Amount: N/A
Source: _(Acct. No.) 242-362-57311
(Acct. Description) Interconnection of Traffic Signals,
Highland Avenue, Muscupiabe to Sierra Way Finance:
Council Notes:
75-0262 Anenrla Itam Nn /O
CITY OF SAN BERNA' 31NO - REQUEST F00% COUNCIL ACTION
STAFF REPORT
Section 164 , et seq. , of the Streets and Highways Code,
establishes the Traffic Svstems Management/Flexible Congestion
Relief Program. The purpose of this program is to provide funds
to local agencies, to finance projects to relieve traffic
congestion.
The State of California is required by law to enter into
an Agreement with local agencies to delineate certain responsi-
'ibilities , relative to prosecution of the Traffic Systems
Management (TSM) Program. Master Agreement No. TSM/FCR-5033
fulfills this requirement.
State-Local Entity Program Supplemental Agreement No. 08-
5033-001 , Exhibit "A" to the Master Agreement, will serve to
obligate the amount of $271 , 000 from State funds, apportioned
pursuant to Section 164 , et seq. , of the Streets and Highways
Code, to finance all of the costs for construction and
construction engineering for coordination of traffic signals on
Highland Avenue, from Muscupiabe Drive to Sierra Way.
An appropriation of $271 , 000 has been approved, under
Account No. 242-362-57311 .
We recommend that this Master Agreement be approved.
5-24-93
75-0264
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF STATE-LOCAL
3 ENTITY MASTER AGREEMENT NO. TSM/FCR-5033 , BETWEEN SAID CITY AND
THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT
4 OF TRANSPORTATION, RELATING TO THE TRAFFIC SYSTEMS
MANAGEMENT/FLEXIBLE CONGESTION RELIEF PROGRAMS, PURSUANT TO
5 SECTION 164 , ET. SEQ. , OF THE STREETS AND HIGHWAYS CODE.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS :
7
SECTION ONE: The Mayor of the City of San Bernardino
8
9 is hereby authorized to execute, in behalf of said City,
10 State - Local Entity Master Agreement No. TSM/FCR-5033 , between
11 said City and the State of California, acting by and through
its Department of Transportation, relating to the Traffic
12
13 Systems Management/Flexible Congestion Relief Programs,
14 pursuant to Section 164 , et. seq. of the Streets and Highways
Code, a copy of which is attached hereto marked Exhibit "A" and
15
incorporated herein by reference as fully as though set forth
16
at length herein.
17
SECTION TWO: The agreement shall not take effect until
18
fully signed and executed by all parties. The City shall not be
19
20 obligated hereunder unless and until the agreement is fully
21 executed and no oral agreement relating thereto shall be
implied or authorized.
22
SECTION THREE: The authorization to execute the above-
23
24 referenced agreement is rescinded if the parties to the
25 agreement fail to execute it within ninety (90) days of the
passage of this resolution.
26
27
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5-24-93
RESO: AU'T'HORIZING STATE-LOCAL ENTITY MASi'ER AGxbhME14'i' Nu.
TSM/FCR -5033 WITH STATE OF CALIFOPNIA DEPARTMENT OF
TRANSPC ATION.
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
4 day of 1993, by the following vote, to-wit:
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 (OFFICE VACANT)
11 POPE-LUDLAM
12 MILLER
13
14
Rachel Clark, City Clerk
15 The foregoing resolution is hereby approved this
16
day of 1993.
17
18
Tom Minor, Mayor
19 City of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
22
23 By
24
25
26
27
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2 -
STATE-LOCAL ENTITY MASTER AGREEMENT NO. TSM/FCR-5033
TRAFFIC SYSTEMS MANAGEMENT/FLEXIBLE CONGESTION RELIEF PROGRAMS
(Pursuant to S&H Code Section 164 et seq)
08 CITY nF SAN BERNARDTNO
DISTRICT LOCAL ENTITY
THIS AGREEMENT, made in duplicate this day of
199_, by and between CITY OF SAN BERNARDINO ,
a City, County, or LOCAL ENTITY, as defined in Streets and
Highways Code Section 164 , 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 Sections 164 . 1, 164 . 2 and
164 . 4 et seq. of the Streets and Highways Code , LOCAL
ENTITY, has applied for State funds to be used for an
"Eligible Project" as defined in the Traffic Systems
Management and Flexible Congestion Relief Guidelines.
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 - Project Funding
I. The policies for project funding relative to cost
eligibilities, allocations, cost increases, encumberances
and liquidations etc. will be governed by the Financial
Guidelines for TSM/FCR Projects as approved and/or modified
by the California Transportation Commission.
1 _,
ARTICLE II - Contract Administration
1. Projects shall be constructed as provided in the Traffic
Systems Management (TSM) and Flexible Congestion Relief (FCR)
Program Guidelines, the TSM/FCR Financial Guidelines and in
this agreement.
2 . Unless otherwise provided in the project specific Program
Supplement (s) to this Agreement , the LOCAL ENTITY shall
advertise, award and administer the contract.
3 . Guideway projects are subject to the requirements stated
in Article 6 of the Government Code, Section 14050 and
following.
4 . The estimated cost and scope of PROJECT will be as shown
in the Program Supplement and limited to the amounts
approved in the STIP or TSM plan by the California
Transportation Commission (CTC) . 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 or a. supplemental' allocation is
requested and approved by the CTC.
5. Subsequent to the CTC allocating the State funds and the
LOCAL ENTITY has entered into: a State-Local Entity Master
Agreement; and a project specific Program Supplement, the
LOCAL ENTITY may .request and receive payment for eligible
work as follows:
(a) STATE will pay the eligible participating costs
upon LOCAL ENTITY submittal of acceptable monthly
progress pay estimates for expenditures. *
(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.
* Except as provided in the TSM/FCR Financial Guidelines,
Policy on Advancing Funds.
6 . 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.
2
[ 9
7. After completion of all work under this agreement, for
. each project as described in the Program Supplement (s) , 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
a costs incurred by the LOCAL ENTITY are fully supported.
(c) Ineligible costs were not claimed as reimbursable
on the project.
(d) Preliminary and Construction Engineering do not
exceed the prescribed limits.
S . 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 Project 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 District Office. Failure to comply with
these reporting requirements may result in withholding of
future allocations.
9. The State reserves the right to conduct technical and
financial audits if it is determined necessary. After the
financial audit, LOCAL ENTITY shall refund any excess State
funds reimbursed.
10. Should 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
3
Tax Fund. The STATE may, at its option, apply any monies due
the LOCAL ENTITY by the STATE to pay these claims.
11. 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.
ARTICLE III - Engineering
1 . "Project Development Costs" includes all preliminary work
up to contract award related to the project, including but
not limited to environmental studies, preliminary surveys
and reports , laboratory work , soil investigation ,
preparation of plans , specifications and estimates ,
advertising for bids, awarding contract as well as Project
Development Oversight, Project Development Contract
Administration and Right of Way staff support costs.
STATE FUNDS for Project Development Costs are limited to 200
of the value of the project including construction and
right-of-way acquisition cost.
2 . "Construction Engineering" eligible costs include 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/consultants engaged in such activities.
STATE FUNDS for Construction Engineering (CE) are limited to
15% of the construction cost of the project.
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.
_; - 4
ARTICLE IV - Right-of-Way
I . All related rights-of-way as are necessary for the
construction PROJECT shall be acquired by LOCAL ENTITY, 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
removal.
(f) the cost of all hazardous materials and waste
clean up.
(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, relocation payments
and services shall be provided as required by California
Government Code, Sections 7260-7277 .
ARTICLE V - Miscellaneous Provisions
I. The cost of maintenance performed by LOCAL ENTITY forces
during any temporary suspension of the work or at any other
time may not be charged to the PROJECT.
5
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 E14TITY 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 VI - Accommodation of Utilities
I. 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 the right-of-way must include the
- 6
STATE-LOCAL ENTITY MASTER AGREEMENT NO. TSM/FCR-5033 w
provisions set forth in volume I , Section 12 the LOCAL
PROGRAY.S MANUAL 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 VII - Condition of Acceptance
As a condition of acceptance of the State Funds
provided for this project, LOCAL ENTITY will abide by the
State policies, procedures and guidelines pertaining to the
TSM/FCR Programs.
IN WITNESS WHEREOF, the parties have executed this
agreement by their duly authorized officers.
STATE OF CALIFORNIA LOCAL ENTITY
Department of Transportation CITY OF SAN BERNARDINO
By By
District Director of Transportation Mayor
Date Date
ATTEST: Approved as to form
and legal content:
James F. Penman
City Attor_nev
City Clerk
By
AJR/revised 12/2/91
7
EXHIBIT A
08 CITY OF SAN BERNARDINO
District LOCAL ENTITY
08-5033-001
Agreement No.
STATE-LOCAL ENTITY PROGRAM SUPPLEMENTAL AGREEMENT
1. Description of Work Proposed: In the City of San Bernardino on Highland
Ave between Muscuoiable Dr and Sierra Way.
Traffic Signal Coordination.
2 . Proposed Project Funding:
FY 92/93 FY 93/94
Prel Engr $ 0 $ 0 $
Right of Way $ 0 $ 0 $
Constr. Engr. $ 20,000 $ 2,000 $
Construction $ 0 $ 249,000 $
Totals $ 20,000 $ 251,000 $
3 . Special Covenants related to WORK:
1. In accordance with the TSM Financial Guidelines, the project should be
awarded within six (6) months of the CTC vote, no later than Dec. 31, 1993.
1 hereby Certify upon my own personal knowledge ii;at 'iudgcted funds are avai!able for this encumbrance.
C//i��� ;ccourti:n�G :;.::r I �T [/ Date I > 2-01000.1�� J
Statutes item Fiscal Year Program BC Category Funa ),-Jrcr
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