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HomeMy WebLinkAboutCC Resolution 9611 (Andersen Dr Project)RESOLUTION NO. 9 611 A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE STATE -LOCAL MASTER AGREEMENT NO. TSM/FCR-5043 FOR ANDERSEN DRIVE PROJECT WHEREAS, CITY has been awarded State funds under the Traffic Systems Management/ Flexible Congestion Relief (TSM/FCR) program for Andersen Drive Extension; and WHEREAS, said program requires that the Andersen Drive Extension project be built according to its guidelines and policies with respect to contract administration, engineering, right-of-way, and bookkeeping; and WHEREAS, the City must execute the Traffic Systems Management/ Flexible Congestion Relief State -Local Entity Master Agreement and Program Supplement No. 1 within 6 weeks in order to be reimbursed for associated project costs; and - WHEREAS, the project identifying number is 04 -MRN -0 -SRF FCR95- 5043(001). NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of San Rafael does hereby authorize the Director of Public Works to execute the Traffic Systems Management/ Flexible Congestion Relief State -Local Entity Master Agreement and Program Supplement No. 1. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on Monday, the 20th day of May 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None • J ANNE .l LEONCINI CityCl� U IdR9,i�IGI ax R Pragrarl'i Supplement No. 001 D, 04 -MRN -0 -SRF To Project No. FCA5043(001) State -Local Entity EA# 1c1 14� ,,- Master Agreement No. TSWFCR-5043 Date: February 21, 1996 This Program Supplement is hereby incorporated into the State -Local Entity Master Agreement for TSM/FCR Projects 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 under authority of Resolution No. , approved by the LOCAL ENTITY on (See copy attached). Description of Work: IN SAN RAFAEL--FRANCISCO BLVD. WEST TO "A" STREET (EXTEND ANDERSEN DRIVE) Proposed Funding: R/W CAPITAL Total Cost Special Covenants: Total Cost $350,000 $11,223,000 $11,573,000 NONE TY OF SAN RAFAEL LOCAL TITY By ,5/20/96 David M. ernardi Date Director of Public Works (Title of Authorized Official) b;� *. Jeanne' eoncirii Citv Clerk (Title) State Funding $350,000 $6,878,000 $7,228,000 Local Funding $0 $4,345,000 $4,345,000 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By Date Chief, Office of Local Programs Project Implementation II hereby Certify upon my personal knowledge that budgeted funds are available for the encumbrance. f�• ,� Accountinq Officer '/�Q�. Date � ,� �, a-0 Chapter Statute Item Fiscal Yr. Program BC Category Fund Source $ Creator CET Created: 2/21/96 STATE -LOCAL ENTITY MASTER AGREEMENT NO. TSM/FCR 5043 TRAFFIC SYSTEMS MANAGEMENTffl T.E=LE CONGESTION RELIEF PROGRAMS (Pursuant to S&H Code Section 164 et. seq.) 04 Citv of San Rafael District County/City THIS AGREEMENT, made in duplicate on this 20th day of MAY ,1996 , by and between the City of San Rafael, 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." WrINESSETH 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 (TSM) and Flexible Congestion Relief (FCR) 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 1. The policies for project funding relative to cost eligibilities, allocations, cost increases, encumbrances, and liquidations, etc., will be governed by the Financial Guidelines for TSM/FCR Projects as approved and/or modified by the California Transportation Commission (CTC). ARTICLE If - Contract Administration 1. Projects shall be constructed as provided in the Traffic Systems Management and Flexible Congestion Relief 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. MASTER AGIsr;EMENT # TSM/FCR 5043 Page 2 of 6 3. Guideway projects are subject to the requirements stated in Article 6 of the Government Code, Section 14080, 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 State Transportation Improvement Program (STIP) or TSM plan by the CTC. A contract for an amount in excess of said estimate may be awarded and expenditures may exceed 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 STATE funds, and the LOCAL ENTITY entering 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 eligible participating costs upon LOCAL ENTITY's submission 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 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. 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 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 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 STATE for PROJECT are supported by payment vouchers and canceled checks. MASTER AGREEMENT # TSM/FCR 5043 Page 3 of 6 (b) Charges for the various categories of eligible costs incurred by LOCAL ENTITY are fully supported. (c). Ineligible costs were not claimed as reimbursable on PROJECT. (d) Preliminary and Construction Engineering do not exceed the prescribed limits. 8. 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 30 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 the 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 thirty (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. STATE may, at its option, apply any monies due the LOCAL ENTITY by the STATE to pay these claims. 11. When 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 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; and 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 20 percent of the value of 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 MASTER AGREEMENT # TSM/FCR 5043 Page 4 of 6 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 percent of the construction cost of 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. ARTICLE IV - Right of Way 1. All related rights of way as are necessary for the construction of 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 PROJECT, free and clear of obstructions and encumbrances; (b) 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) cost of demolition and sale of all improvements on the right of way; (e) cost of all utility relocation, protection, or removal; (f) cost of all hazardous materials and waste clean up; and (g) 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. MASTER AGREEMENT # TSM/FCR 5043 Page 5 of 6 ARTICLE V - 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 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. STATE auditors 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 the date of final payment under the contract or one year after the audit is completed or waived by 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 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 STATE, unless otherwise approved by STATE. MASTER AGn. _=NT # TSM/FCR 5043 Page 6 of 6 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 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 STATE funds provided for this project, LOCAL ENTITY will abide by STATE policies, procedures and guidelines pertaining to the TSWFCR Programs. IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation By Chief, Office of Local Programs Project Implementation CITY OF SAN RAFAEL By 444,,2,V� David M. Bernardi, Director of Public Works Date 7 — 116,:-"— � Date May 20, 1996 Attest: 4YIahnf�ne Leonini,c City Cl rk Date May 20, 1996