HomeMy WebLinkAboutCC Res 4404 1995-08-14
I
I
I
RESOLUTION NUMBER
#~~
A Resolution of the City Council of the City of Seal Beach,
California, Approving State-Local Entity Master Agreement
No. SL TPP 5529 And Program Supplement No. 001 And
Authorizing the City Manager to Execute the Agreement
And Program Supplement
WHEREAS, the State of California has established the State and Local Transportation
Partnership Program; and
WHEREAS, the City of Seal Beach chooses to participate in the State and Local
Transportation Partnership Program; and
WHEREAS, in order to participate in the Program, the City of Seal Beach is required
to execute State-Local Entity Master Agreement No. SL TPP-5529; and
WHEREAS, the City has submitted an application to the State of California for funding
participation for the Seal Beach Boulevard ReSUrfacing Project; and
WHEREAS, the State of California has approved the application authorizing cost
sharing funds in the amount of $19,241.00; and
WHEREAS, in order to receive the allocated funding, the City of Seal Beach is
required to execute Program Supplement No. 001.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach
does hereby resolve, order and determine as follows:
1.
Approves State-Local Entity Master Agreement No. SL TPP -5229.
2.
Approves Program Supplement No. 001 to State-Local Transportation
Partnership Program Agreement No. SL TPP-5229.
3. Authorizes the City Manager to execute both documents.
AYES:
PASSED, APPROVED and ADOPT
a meeting thereof held on the
1995 by the fOllowing vote:
Councilmembe
NOES:
ABSENT: Councilmember
ATTEST:
..."'........,'\'.\,,\,
~ ..~r. .....
"::-of :i.:", n"t
,,:: ~ .e."'''u. .q #:- \Itl
.;:, ..~Dr.PO" ..;8..~^ 'J
-c.... ,,- .... ~r . ..: {J
~ ,,~....'f ,.......(.. ()
I! ,. ,,"""~ ~ ~
:; ".' D" . ~
~ . \ ~'.9.
~ f. ___....~. I
~o. ... , .;.:
" , ..........-
"z'lC,O~' _.~::-t.
rJ ... . ,.. c;;;~ .... ~ "." ~
~,. .'0 ::lo "'....'~.,
'l"J.. .. ~, ,. ..." ,,,':'.~
'Ill o~ .... .21. ,"...... ...f;.......,E
1111 c-o'......c...."~-
1\\ UNT'C. '"'"~
\\\\\"""~"
Resolution Number ~4I~~
STATE OF CALIFORNIA
COUNTY OF ORANGE
STATE OF CALIFORNIA
)
) SS
)
I
I, Joanne M. Yeo, city Clerk of the city of Seal Beach, California,
do hereby certify that th'kJ~J?going resolution is the original
copy of Resolution Number~.on file in the office of the City
Clerk, Pee ed, approved, and adopted by the City Council o~ ~he
City of e Beac at a regular meeting thereof held on the /~~
~ ' 1995.
J
! .
City
P
I
I
I
I
I
Resolution Number ~~
STATE-LOCAL ENTITY MASTER AGREEMENT NO. SLTPP-5229
STATE-LOCAL PARTNERSHIP PROGRAM
(Pursuant to S&H Code Section 2600 et seq.)
U
DISTRICT
CITY OF SEAL BEACH
LOCAL ENTITY
THIS AGREEMENT, made in duplicate this day of ,199_, by
and between the City of Seal Beacl1, a City, County, or LOCAL ENTITY, as defmed 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.
~OW, THEREFORE, the parties agree as follows:
ARTICLE I - Contract Administration
1. Projects shaIl 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 shaIl 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 Supplement which is made part of this agreement by this reference.
4. The estimated cost and scope of PROJECT will be 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 estimated 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.
S. 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 shaII 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
StatelLocal Partnership Program Application.
(b) the award amount.
Resolution Number 4t/t!)!
(c) the Final Cost amount.
and accepts any consequent increase in LOCAL ENTITY funding requirements.
7. Subsequent to the Legislature appropriating the State Share funds and after the LOCAL
ENTITY has entered into: a) this State-Loca1 Entity Master Agreement; b) a project specific
Program Supplement; and c) awarded the contract for an eligible project, the LOCAL
ENTITY may request and shall receive payment for eligible work as follows: I
(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.
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
IICCOmplished 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,
OMS Circular A-128. The compliance testing should ensure controls are in place to assure
that:
I
(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) Loca1 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 Loca1 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 StatelLoca1 Partnership Application and Program Supplement
Agteement has been completed and final costs are known. The IepOrt documents (Final I
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 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 refuhd 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
I
I
I
Resolution Number 4t~~~
. apportionments due the LOCAL ENTITY from the Highways 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 n - 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 p10perty reqllired 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 72f:J). 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 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 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 72f:J). 7277.
ARTICLE m - 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. 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 .
Resolution Number 4t/()~
ARTICLE IV - Miscellaneous Provisions
1. 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.
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 sba1l 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 book 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 the right-of-way must include the provisions set forth in Volume I, Section
12 of the LOCAL PROGRAMS MANUAL published by the STATE, unless otherwise
approved by the STATE.
I
I
2. If any protections, 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- I
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.
I
I
I
Resolution Number ~~
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
StateILocal Partnership Program.
IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized
officers.
STATE OF CALIFORNIA
Department of Transportation
CITY OF SEAL BEACH
LOCAL ENTITY
By
y Jack D, Shelver,
Interim City Manager
DISTRICT DIRECTOR,
DISTRICT 12
Date
Date August 14, 1995
Resolution Number ~~t'~
, .
"
Date: June 21, 1995
Location: 12-0RA-0-SLB
Project Humber: SB95-5229 (001)
B.A. Humber: 12-929233
SLTPP-5229
PROGRAM SUPPLBMBNT RO. 001
to
STATE-LOCAL TRARSPORTATIOR
PARTRBRSHIP PROGRAM AGRBBMBNT RO.
This Program Supplement is hereby incorporated into the State-Local Trans-I
port at ion 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 set forth on the following pages.
PROJECT TERMINI:
Seal Beach Blvd. from Bolsa Ave. to Pacific Coast Highway
TYPB 01' WORK: Arterial Street Overlay
PROJECT CLASSIFlCATIOR OR PRASE (S) 01' WOU:
[Xl Construction
LENGTH: 0.0 (MILES)
Estimated Cost I State Share Funds I
FY95 $
$ 99436 FY96 $
FY97 $
19241
o $
o
Matching Funds
Local OTHER
80195 $
OTHER
o $
1
City of Seal Beach
STATE 01' CALIFORNIA
Department of Transportation
By
Chief, Local Assistance Branch
District 12
Dat
Date
I hereby Certify upcm lIlY per.anal knowledge that by,dg'eted funda are Bv.llab1e for tbb enc:wnbz'ance:
A~countin9 Officer ~A. ~~J.. Date rt?!J.-1/7)/ $ 19241..00
OIapterl Statut.. I Item Year Program IBel P\Ind Source AMOUNT
u.
1"'"
2ifiO~12S-042
'''.'5
20.25.010.100
C 251010 Ot2-T
19241.00
Page 1 of 2
I
. .
I
I
I
Resolution Number ~~~~
~
. '.
12-0RA-0-SLB
SB95-5229 (001}
DATE: 06/21/95
SPECIAL COVENANTS OR REMARKS
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
$19241 to be encumbered and reimbursed as follows:
FY 94-95 $
FY 95-96
FY 96-97
19241
o
o
Any increase in State Partnership funds will require a
revised program supplement.
Any decrease in State Partnership funds will require a
revised finance letter.
2. The Reimbursement Ratio for this Cycle 5 (94/95) Project is
19.35%.
3. In accordance with the State-Local Transportation Partnership
Program Guidelines dated June 8, 1994 the project eligibility for
Cycle 5 projects is limited to contract items plus locally funded
State or Local Entity furnished materials and Supplemental Work.
Supplemental Work eligibility is futher defined under the Project
Eligibility section of the Guildelines as limited to certain
maximum costs and to non-early reimbursement projects of $300,000
or less.
Page 2 of 2