Resolution 12312CITY OF ALAMEDA RESOLUTION NO. 12312
AUTHORIZING EXECUTION OF STATE-LOCAL TRANSPORTATION
PARTNERSHIP PROGRAM AGREEMENT, NO. SLTPP -5014
AND PROGRAM SUPPLEMENT NO. 001
(REPAIR AND RESURFACING OF CERTAIN STREETS, PHASE 13)
WHEREAS, on June 19, 1990, the City Council of the City
of Alameda, by Resolution No. 11971, approved application for
-State -Local Partnership Program Funds and authorized matching funds
for resurfacing various streets for fiscal year 1991 -92; and
WHEREAS, on June 3, 1992, the City Council of the City of
Alameda awarded the contract for the repair and resurfacing of-_,:
certain streets, Phase 13, No. P.W. 3 -92 -06 to Gallagher and Burk
and
WHEREAS, on August 7, 1992 the California Department of
Transportation provided the Public Works Department with a Loca
Entity Master Agreement No. SLTPP -5014 and program supplement No.'
001 for approval and execution, attached hereto as Exhibit "A" and
Exhibit "B" to provide funding for the project; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Alameda that the City Council hereby authorizes the execution of
State -Local Transportation Partnership Program Agreement No. SLTPP-
5014 and program supplement No. 001, and authorizes the City
Manager to sign the same.
/1e/90
STATE-LOCAL ENTITY MASTER AGREEMENT NO. SLTPP-5014
STATE-LOCAL PARTNERSHIP PROGRAM
(Pursuant to S&H Code Section 2600 et.seq)
04
DISTRICT
CTTY ()F ALAMET1A
LOCAL ENTITY
THIS AGREEMENT, made in duplicate this day of
199_, by and between the City of Alameda
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
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;
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
EXHIBIT A
1
Supplement which is made part of this agreement by thi's
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.
fie-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
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
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
iidone, 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-la 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 Partnrship
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
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
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 7260-7277.
ARTICLE III .7- 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 kn 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
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 ar.y 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
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 ti-,e 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
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.
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 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 ENTITY
Department of Transportation
By By
District Director of Transportation
Date Date
7
PADGRAM SUPPLEMENT NO. 001
to
STATE -LOCAL TRANSPORTATION
PARTNERSHIP PROGRAM AGREEMENT NO.
Date: July 20, 1992
Location: 04- ALA -0 -ALA
Project Number: SB92- 5014(012)
E.A. Number: 04- 929898
SLTPP -5014
This Program Supplement is hereby incorporated into the State -Local Trans-
portation 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 fonds
obligated to this project, it accepts and will comply with any covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
VARIOUS ALAMEDA CITY STREETS
TYPE OF WORK: OVERLAY LENGTH: 0.0 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[X] Construction /Construction Engineering /Contingencies
Estimated Cost State Share Funds
Matching Funds
362,216
FY92 $
FY93 $
FY94 $
96,857
0
0
Local
$ 265,359
OTHER
0
OTHER
0
CITY OF ALAMEDA
STATE OF CALIFORNIA
Department of Transportation
By By
DEPUTY'DISTRICT DIRECTOR OF
TRANSPORTATION, DISTRICT 04
Date
Attest
Title
Date
I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Office /��` l C 4467.21 Date ,7 "?0 '57?i $ 96857.00
Chapter Statutes I Item 1 ! Yea Program IBCI Fund Source AHOUN'.
96857.00
118 1991 2660 -101 -042
91 -92 20.25.010.100 C 258010 042 -7
EXHIBIT B
04-ALA-0-ALA
SB92-5014(012)
SPECIAL COVENANTS OR REMARKS .
DATE: 07/20/92
PAGE: 2
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
$96857 to be encumbered and reimbursed as follows:
FY 91-92 $ 96857
FY 92-93 0
FY 93-94 0
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 State Funds Share is calculated based on the lower
of the approved eligible application amount or the
eligible award amount.
3. The Reimbursement Ratio for this Cycle 2 (91/92) project is
30.02%.
4. Within 120 days of project completion a Final Report of
Expenditures must be transmitted to the Caltran's District Local
Streets and Roads Engineer.
5. A Final Audit must be completed and transmitted to the Caltran's
District Local Streets and Roads Engineer by December 30th (the
State fiscal year following project completion).
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 1st day of
September , 1992, by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Lucas, Roth
and President Withrow - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 2nd day of Sepi-Pmber , 1992.
Diane " ;. Felsch, City Clerk
City of Alameda