Resolution - 9321RESOLUTION NO 9321
� J
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING SUPPLEMENT NO.
001 STATE - LOCAL TRANSPORTATION PARTNERSHIP
PROGRAM AGREEMENT NO. SLTPP-5259 AND AUTHORIZING
THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID
SUPPLEMENT NO. 001.
WHEREAS, the City of West Covina and the State of California have entered into
State -Local Transportation Partnership Program Agreement No. SLTPP-5259 for the purpose
of expanding State funds with the City of West Covina; and
WHEREAS, the City desires to be partially reimbursed for a Glendora/Vincent Avenue
project within the City of West Covina pursuant to the State -Local Transportation Partnership
Program Act (S.B. 300);
WHEREAS, it is necessary to execute a Program Supplement in order to implement
said project.
NOW THEREFORE, The City Council of the City of West Covina does resolve as
follows:
SECTION 1. The City Council of the City of West Covina does hereby approve
Program Supplement No. 001 State -Local Transportation Partnership Program Agreement No.
SLTPP-5259, and authorizes the City Manager and City Clerk to execute said Program
Supplement No. 001.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution and is
hereby directed to transmit a copy of Program Supplement No. 001 to the State of California
Department of Transportation, District 7.
APPROVED AND ADOPTED THIS 7th day of May , 1996
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ATTEST:
u
City Clerk
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City
Council of the City of West Covina, California, at a regular meeting thereof on the 7th day
of 11a y , 1996, by the following vote of Council:
AYES: Councilmembers: Herfert, Manners, McFadden, Wong, Touhey
NOES: Councilmembers: None
ABSENT: Councilmembers: None
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City Clerk,
APPROVED AS TO FORM:
Ci Attorney
J
,'PROGRAM SUPPLEMENT NO-. 001
to
STATE -LOCAL TRANSPORTATION
= _ Date:
Location:
Project Number:
EA Number:
PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5259
March- 30, 1996
07-LA-0-WCOV
SE96-5259(001)
07-927949
This Program Supplement is hereby incorporated into the State -Local Trans-
portation Partnership Program Agreement for the State Share Funds which was
entered into between the Local Entity and the State on / / and is
ct to all the terms and conditions thereof. This Program Supplement
opted in accordance with Paragraph 3 of Article I of the aforemen
d 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 setforth on the following pages.
PROJECT TERMINI:
GLENDORA/VINCENT AVENUE: WALNUT CREEK WASH TO ROBINDALE STREET
TYPE OF WORK: RESURFACING ROADWAY
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
® Construction
LENGTH: 0.8(Miles)
Estimated Cost State Share Funds Matching Funds
FY96$ 19625 Local Other Other
$ 333755 FY97$ 0 $ 314130 $ 0 $ 0
FY98$ 0
City of West Covina
By
Tide
I hereby
i
.i./ a u✓
�i
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Local Programs -
Project Implementation
Date
upon my personal knowledge that budgeted funds are available for this encumbrance
Accounting Officer -
Date
$ 19625.00
Chapter Statute Item Year Program 11Fund Source AMOUNT
303 1995 2660.125.042 - 95-96 20.25.010.100 C 258010 042-T 19629.00
supp.frx Page 1 of 3
07-LA-0-WCOV
DATE: -03/30/96 --
SB96-5259�001)
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 shall not exceed $ 19625 to be encumbered and
reimbursed as follows:
FY 95-96
FY 96-97
FY 97-98
$ 19625
$ 0
$ 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 Share Funds in this agreement are based on the
approved eligible application amount and represent
maximum State Funds available for this project. Actual
State Share Funds will be calculated after bid opening
and will be based on the lower of the approved eligible
application amount or the eligible award amount.
3. In accordance with the State -Local Transportation Partnership
Program Guidelines dated June 8, 1994, project eligibility is
limited to contract items plus locally funded State or Local Entity
furnished materials and Supplemental Work. Supplemental Work
eligibility is further 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.
4. The Reimbursement Ratio for'this Cycle 6 (95/96) Project.is
5.88%.
Page 2 of 3
covnts.frx
07-LA-0-WCOV - -
DATE: 03/30/96
SB96-5259(001)
5. SPECIAL COVENANTS FOR SLTPP PROJECTS UNDER EARLY
REIMBURSEMENT PLAN AND UNDER $300,000 STATE SHARE
These Covenants supersede any conflicting provisions of
the Master Agreement:
A. The LOCAL ENTITY agrees that the payment of State Share
Funds -will be limited to the lessor of the product of
multiplying the calculated pro rata percentage as determined by
the STATE by either:
(a) The eligible award amount or
(b) The total eligible State/Local Partnership
Project cost in the approved State/Local Partnership
Program Application and accepts any consequent increase
in LOCAL ENTITY funding requirements.
B. The LOCAL ENTITY will invoice the State for the full
"State's Share" after the contract award or upon the
State Budget Act appropriation of funds, whichever occurs
later. "State's Share" is considered a grant and will be
reimbursed as a lump sum payment regardless of final
project cost.
C. Prior to reimbursement under this Program Supplement,
a Request For Early Reimbursement form, executed by the
LOCAL ENTITY, must be on file with the STATE.
D. The.financial audit -and FinalProjectExpenditure
Report provisions of Sections 9-and 10 of ARTICLE.I of
the Master Agreement are not applicable to this PROJECT.
Page 3 of 3
covnts.frx
STATF-LOCAL ISN"I"I fY MASTER AGREI-MENT NO S1,1'PP-S2S9
STATE-LOCAL-PARTNERSIIIP PROGRAM
(Pursuant to SKH Code Section 2600 et seq.)
07 City or West Covina
DIS'fKIC"I" LOCAL ENTITY
THIS AGREEMENT, made in duplicate this day of 199by and
between the City of West Covina 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."
WITNESSTI-I
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
I, 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.
J. The constriction 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 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 sarne.
5 Ifthe total State Share for all eligible PRO.IECI'S exceeds the amount specified in
subdivision (b) of Section 2600 ofthe 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 oh State Share to local share funding
6 The LOCAL ENTITY agrees that the payment of State Share Funds will be limited to the
lesser ofthe produce ol'ntultiplying the calculated pio rasa percentage as determined by the
STATE by either:
(a) the Total eligible State/Local Partnership Project Cost in the approved
State/Local Partnership I'rogrant Application.
(b) . the award amount.
(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 -Local 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:
(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.
S. 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 finds. 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 thg LOCAL ENTITY's expense, may be done on an individual project basis, or
may be included in tite 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
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will include compliance tests required by the Single Audit Act and its implementing directive,
ON111 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 tin' the various categories of eli0ihle costs incurred by the LOCAL
ENTITY are fully supported
(c) Inelivible costs were not claimed as reimbursable on the project.
(d) 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 1, 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 Partnership 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 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 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 11 - 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.
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2 The furnishing of'ri,hts-of way as provided for herein includes but may not be limited to:
(a) all real property required for Ti IE PROJECT free and clear of obstructions and
encumbrances.
(b) the payment ol,dantages to real property not actually taken bill injuriously
affected by the proposed impnrocntem.
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(C) the cost of'relocalim, owners and occupants pursuant to Government Code
Sections 7200-7277
(d) the cost ol'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.
(I) 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 - Engineering
I "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 a,ree 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
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.
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2 Neither S'I AT13 nor any of7icer or employee thercol'shall be responsible fits 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 lidly indemnify and hold STATE harmless from any liability
imposed fix injtn-y (as defined by Government Codc Scclion 810.8) occurring by reason of
anything done or omitted to be done by LOCAL FNTITY under or in connection with any work,
authority, orjurisdiction delegated to LOCAL ENTITY under this agreement.
3. Neither LOCAL ENTITY nor any ol7icer or employee thereof, shall be responsible for any
damage or liability occurrim,. by reasons ofanythiIli, 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, orjurisdiction
delegated to STATE under agreement.
4. Auditors of STA-fE 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
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 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 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-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.
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IN WITNI:SS \\'I II:RFOF, the panic, hare eeecutcc] Ihis agreement by Ihcir duly authorized
officers
STATE OF CALIFOKNIA
Department of hansportation
By
District Director of Transportation
Date
CITY OF \\'L•Sl' COVINA
LOCAL ENTITY
Date ///�9�
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