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HomeMy WebLinkAbout5/3/2000 - STAFF REPORTS (7) DATE: May 3, 2000 TO: City Council FROM: Grants and Government Affairs Manager APPROVE NEW MASTER AGREEMENT TO RECEIVE STATE GRANT FUNDING RECOMMENDATION: That City Council adopt Resolution approving new additional MasterAgreement with the State of California Department of Transportation (Celtrans)to enable theCity of Palm Springs to receive grant reimbursements for State Funded Grant Programs. BACKGROUND: On February 18, 1998, City Council approved a revised Master Agreement with the State Department of Transportation which covers program supplement agreements for'federally funded" grant projects (Agreement No. 1459, approved by Resolution No.12812). There is no MasterAgreement in place,however,for"state funded"grant projects. On March 29, 1999, the California Transportation Commission (CTC) approved a $600,000 State Transportation Improvement Plan(STIP)Grantforthe reconstruction of Palm Canyon Drive (Ramon Road to Alejo Road). That roadway improvement project was completed in September 1999. The State has indicated that the current approved Grant Master Agreement cannot cover reimbursements for the Palm Canyon STIP Project because of the different funding source. The attached Resolution and new additional State MasterAgreement is therefore offered for Council consideration to receive reimbursements for state funded projects. 7�aA __ _ ROBERT L. MOHLER - Grants and Government Affairs Manager APPROVED /may City Manager ATTACHMENTS: 1. Resolution 2. Master Agreement from Department of Transportation -State Grant Funding 1579 MASTER AGREEMENT ADMINISTERING AGENCY- STATE AGREEMENT FOR STATE FUNDED PROJECTS District 08 Agreement No. 000281 City of Edm brijim Adminstering Agency THIS AGREEMENT, made effective this L$ day of'rtitiIe— , 1999, is by and between the City of Palm Springs,a city,county, or other public entity,hereinafter refcrred to as 'ADMINISTERING AGENCY; the State of California,acting by and through its Department of Transportation,herinafter referred to as'STATE.' WITNESSETH WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation facilities and ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from the State Transportation Improvement Program (STIP) or other programs as defined in the Local Assistance PrWava Guidelines for use on those local transportation facilities as local administered PROJECT(s), hereinafter referred to as "PROJECT;and WHEREAS, as provided by STATE policy, said PROJECT will not receive any federal funds;and WHEREAS,STATE is required to enter into an AGREEMENT with ADMINISTERING AGENCY to delineate those certain obligations placed upon ADMINISTERING AGENCY relative to said State funding and the prosecution of said PROJECT by ADMINISTERING AGENCY. NOW,THEREFORE,the parties agree as follows: ARTICLE I-PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any programmed PROJECT unless and until a PROJECT-specific program supplement, adopting the terms of this AGREEMENT, hereinafter referred to as "PROGRAM SUPPLEMENT," has been fully executed by the parties. 2. The Financial commitment of STATE funds will occur only following the execution of this AGREEMENT and the subsequest execution of each applicable PROJECT-specific PROGRAM SUPPLEMENT. 3. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of State funds encumbered to the PROJECT described in the PROGRAM SUPPLEMENT, to comply with the terms of this AGREEMENT and all of the agreed-upon Special Covenants and Conditions attached to or made a part of the PROGRAM SUPPLEMENT, identifying and defining the nature of that specific PROJECT. Page 1 of 8 /17NI04 V21199 4. The PROGRAM SUPPLEMENT shall designate the ADMINISTERING AGENCY responsible for implementing the various phases of the PROJECT, the State funding program, and the matching funds to be provided by ADNMSTERJNG AGENCY and/or STATE. Adoption and execution of the PROG-9AM SUPPLEMENT by ADMINISTERING AGENCY and STATE,incorporating the terms and conditions of this AGREEMENT into the PROGRAM SUPPLEMENT as though fully set forth therein, shall be sufficient to bind the ADMINISTERING AGENCY to these terms and conditions when performing the PROJECT. Unless otherwise expressly delegated in a resolution by the ADMINISTERING AGENCY'S governing body and concurred in by STATE,the PROGRAM SUPPLEMENT shall be managed by the ADMINISTERING AGENCY'S governing body. 5. PROJECT shall be acquired, designed, and constructed as required in the Local Assistance Program Guidelines, such other STATE procedures as are identified in the PROGRAM SUPPLEMENT,and as is specified in this AGREEMENT. 6. Unless otherwise provided in the PROGRAM SUPPLEMENT, the ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 7. The estimated cost and scope of PROJECT will be as described in the PROGRAM SUPPLEMENT and State funding participation is limited to the amounts established by STATE. A contract for an amount in excess of said approved estimate may be awarded and expenditures may exceed said estimate provided ADMINISTERING AGENCY provides the necessary additional funding or a PROJECT cost increase in State funding is first requested by ADMINISTERING AGENCY and is approved by STATE in the form of an amended PROGRAM SUPPLEMENT or a STATE approved encumbrance document adding or deleting PROJECT fiords. 8. Subsequent to the inclusion of the PROJECT in a plan or program approved by STATE and the ADMINISTERING AGENCY entering into this AGREEMENT and the PROJECT specific PROGRAM SUPPLEMENT, the ADMINISTERING AGENCY may request and receive payment for eligible work as follows: (a) STATE will reimburse the STATE's share of eligible participating PROJECT costs monthly in arrears upon ADMINISTERING AGENCY'S submittal of signed acceptable monthly progress pay invoices(in duplicate)for expenditures actually made by ADMINISTERING AGENCY. (b) If PROJECT involves work on the STATE highway system, that PROJECT shall also be the subject of separate standard forms of STATE issued encroachment permits issued to ADMINISTERING AGENCY and any contractors and,where appropriate,an executed cooperative agreement between STATE and ADMINISTERING AGENCY to determine how PROJECT is to be acquired, designed, or constructed and to establish ownership and future maintenance obligations. (c) State funds will not participate in any portion of PROJECT work performed in advance of either the effective date of the executed PROGRAM SUPPLEMENT for said PROJECT or the effective date of this AGREEMENT. 3 Page 2 of 8 , 4121/99 . _ 9. The total of all ADMINISTERING AGENCY invoices (submitted monthly or quarterly in arrears) for reimbursement of participating PROJECT costs, including all required ADMINISTERING AGENCY matching funds, must not exceed the actual total allowable PROJECT costs,including,but not limited to,all completed preliminary engineering work right of way acquisition,design and construction included within the PROJECT description contained in the PROGRAM SUPPLEMENT. 10. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall reference this AGREEMENT number, PROJECT number, and progress billing number for the PROJECT, and shall be formatted and costs reported in accordance with the current version of Chapter 5, "Accounting/Invoices," of the Local Assistance Procedures Manual published by STATE. 11. STATE programmed amounts may be increased to cover PROJECT cost increases only if such funds are available, STATE concurs with that proposed increase, and STATE executes an amending PROGRAM SUPPLEMENT or a STATE approved encumbrance document encumbering those funds. 12. When additional State funds are not available, the ADMINISTERING AGENCY agrees that the payment of State funds will be limited to the amounts approved in the PROGRAM SUPPLEMENT, and agrees that any increases in PROJECT costs must be defrayed with ' ADMINISTERING AGENCY funds_ 13. 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 firnds. ADMINISTERING AGENCY shall ensure that work performed under this AGREEMENT is done in conformance with the rules and regulations embodying such requirements where they are applicable. 14. ADMINISTERING AGENCY and its subcontractors shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP)to support reimbursement payment vouchers or invoices which segregate and accumulate costs of PROJECT work elements and produce monthly reports which clearly identify reimbursable costs,matching costs,and other expenditures by ADMINISTERING AGENCY. 15. After completion of all work under this AGREEMENT,and after all PROJECT costs are known, ADMINISTERING AGENCY shall contract for a financial audit of PROJECT costs if those costs are in excess of$300,000. This Audit,to be accomplished at the ADMINISTERING AGENCY'S expense, may be done on an individual PROJECT basis, or PROJECT may be included in the ADMINISTERING AGENCY'S annual Single Audit. If an individual audit of PROJECT is done, the auditor must prepare a Find Audit Report. If ADMINISTERING AGENCY chooses the Single Audit option, an audit report is required for the State fimding Am. This report should be prepared in accordance with the guidelines set forth in OMB Circular A-133. Compliance testing performed for this audit should determine whether the ADMINISTERING AGENCY has a system that is adequate to accumulate and segregate reasonable,allowable and allocable costs to assure that: zoy Page 3 of 8 4/21/99 (a) Reimbursement claims submitted to STATE for the PROJECT are supported by payment vouchers and canceled checks. (b) Charges for the various categories of eligible PROJECT costs incurred by the ADMINISTERING AGENCY are fully supported and recorded in the ADMINISTERING AGENCY'S accounting records in accordance with generally accepted accounting principles. (c) The ADMINISTERING AGENCY complied with CFR 49 Part 18, Uniform Administrative Requirements for State and local Governments and OMB A-87, Cost Principles for State and Local Governments. Any instances of noncompliance or costs determined ineligible in accordance with these regulations but claimed for remnbursement should be identified and set forth in the auditor's report. 16. ADMINISTERING AGENCY and all subcontractors shall comply with the Uniform Administrative Requirements for State and Local Governments set forth in the Code of Federal Regulations, Title 49, Part 18. In addition,the ADMINISTERING AGENCY agrcw.to comply with the cost principles and procedures set forth in Office of Management and Budget Circular A-87. The ADMINISTERING AGENCY agrees that a reference to either Office of Management and Budget Circular A-87 or the Code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is applicable and the code of Federal Regulations, Title 49, Part 18, will be included in any subcontracts entered into as a result of this AGREEMENT. 17_ The "State Report of Expenditures" must be completed by ADMINISTERING AGENCY within one hundred eighty (180) days of PROJECT completion in the format described for State funded projects in Chapter 17,"Project Completion"of the Local Assistance Procedures Manual_ The Final Invoice must be submitted with the "State Report of Expenditures". The Audit must be completed by the 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 has been completed and final costs are known. The report documents (State Report of Expenditures and Final Audit Report) will be sent to the appropriate STATE office. Failure to comply with these reporting requirements may result in the withholding of&Wre allocations for other projects. 18. STATE reserves the right to conduct technical and financial audits if it is determined to be necessary. After any financial audit, ADMINISTERING AGENCY shall promptly refimd any excess State funds erroneously reimbursed to ADMINISTERING AGENCY. 19. Should ADMINISTERING AGENCY fail to refund all moneys due STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT,then,within thirty(30)days of demand,or within such other period as may be agreed to in writing between the parties hereto, STATE, acting through the State Controller, the State Treasurer, the California Transportation Commission (CTC), or any other public agency,may withhold or demand a transfer of an amount equal to the PROJECT amount paid by STATE from fitture apportionments or any other fk mds due ADMINISTERING AGENCY from the Highway Users Tax Farad or any other fronds and/or may withhold approval of future ADMINISTERING AGENCY projects. '$N500 Page 4 of 8 V21/99 20. When PROJECT is not on the STATE highway system but includes work to be performed by a railroad, the contract for such work shall be prepared and administered by ADMINISTERING AGENCY or by STATE, as the parties may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an AGREEMENT with the railroad providing for future maintenance of protective devices or other facilities installed or constructed under that contract ARTICLE II-ENGINEERING 1. "Project Development Costs" includes all preliminary work up to contract award for construction and directly 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 Contract Administration. 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. 3. Unless the parties shall otherwise agree in writing, ADMINISTERING AGENCY'S employees or its subcontractor engineering consultant shall be responsible for all PROJECT engineering work. When construction engineering is performed by STATE, charges by STATE invoiced to ADMINISTERING AGENCY shall include an assessment on direct labor costs in accordance with Section 8755.1 of the State Administrative Manual. The portion of such STATE charges not contractually absorbed by STATE shall be paid from PROJECT or other fiords of ADMINISTERING AGENCY. 4. No reimbursable or matching costs incurred by ADMINISTERING AGENCY in the period prior to the effective date of this AGREEMENT or a later date specified in a PROGRAM SUPPLEMENT are allowable by STATE. ARTICLE III-RIGHT-OF-WAY 1. All related rights-of-way as are necessary for the construction of PROJECT shall be acquired by ADMINISTERING AGENCY,and no contract for construction of PROJECT or any portion thereof shall be advertised until those necessary rights-of-way have been secured. 2. The fitomishing of rights-of-way as provided for herein includes, and is limited to, the following,unless the PROGRAM SUPPLEMENT provides otherwise: (a) expenditures to purchase all reap property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. Page 5 of 8 10(o V21/99 (b) the payment of damages to real property not actually taken but injuriously affected by the proposed improvement (e) the cost of relocating owners and occupant: pursuant to Government Code Sections 7260-7277 (d) the cost of demolition and sales of all improvements on the right of way (e) the cost of all unavoidable utility relocation,protection or removal (f) the cost of all necessary hazardous material and hazardous waste clean up for which ADMINISTERING AGENCY is not responsible and the actual generator cannot be identified or recovery made. 3. Should ADMINISTERING AGENCY, in acquiring right-of-way for PROJECT, displace an individual,family,business,farm operation or nonprofit organization,the ADMINISTERING AGENCY shall provide relocation payments and services as required by California Government Code,Sections 7260-7277. 4. State funds will not participate in any PROJECT costs arising out of delays to construction or demolition contractor's orderly prosecution of the work because utilities have not been timely removed or relocated or due to the unavailability of rights-of-way. 5. If any protection, relocation or removal of utilities is required within STATES right-of-way, such work shall be performed in accordance with STATE policy and procedure. ADMINISTERING AGENCY shall require any sty company performing relocation work in the STATUS 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 PROJECT as-built plans. ARTICLE IV-MISCELLANEOUS PROVISIONS 1. The cost of security, protection, or maintenance performed by ADMINISTERING AGENCY or contractor 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 ADMINISTERING AGENCY under or in connection with any work, authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT_ It is also understood and agreed that, pursuant to Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and hold STATE, its officers and employees harmless from any liability imposed for injury(as defined be Government Code Section 810.8) occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority,or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. Page 6 of 8 IWMA ;F VM/99 3. Neither ADMINISTERING AGENCY 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 unintstood and agreed that pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and hold ADMINISTERING AGENCY harmless from any liability imposed for injury (as del`tned be 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 this AGREEMENT. 4. Auditors of STATE shall be given access to books and records of ADMINISTERING AGENCY and its contractors and subcontractors for the purpose of verifying PROJECT costs and share to be paid. ADMINISTERING AGENCY shall include clauses in its contracts for PROJECT obligating contractors and subcontractors to conform and cooperate in any audit of their PROJECT costs. 5. ADMINISTERING AGENCY will maintain and operate the PROJECT property acquired, developed, rehabilitated, or restored for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the property may transfer this obligation and responsibility to maintain and operate the property to another public entity. 6. Upon ADMINISTERING AGENCY acceptance of the completed PROJECT construction contract or upon contractor being relieved of the responsibility for maintaining and protecting a portion of the work,the ADMINISTERING AGENCY having jurisdiction over the PROJECT shall maintain, repair and restore any damaged portions of the completed work in a manner satisfactory to the authorized representatives of STATE. If,within ninety(90)days after receipt of notice from STATE that a PROJECT, or any portion thereof; under ADMINISTERING AGENCY'S jurisdiction is not being properly maintained, repaired or restored and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of,the approval of future projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition satisfactory to STATE. The provisions of Us section shall not apply to a PROJECT which has been vacated, as preapproved by STATE, through due process of law. 7. The ADMINISTERING AGENCY obligation to maintain, referred to in paragraph 6 above, includes not only the physical condition of the PROJECT but its continued operation as well. PROJECT shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as the PROJECT requires. Said maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under an agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. Page 7 of 8 V21199 S.- Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY,either in whole or in part 9. No alteration or variation of the terms of this AGREEMENT or the PROGRAM SUPPLEMENT shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 10. This Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms,or funding of this AGREEMENT in any manner. 11, ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article M X of the California State Constitution. ARTICLE V- CONDITION OF ACCEPTANCE ADMINISTERING AGENCY shall conform to all State statutes, regulations,and the Local Assistance Program Guidelines and Local Assistance Procedures Manual including all subsequent approved revisions thereto. hereafter collectively referred to as PROCEDURES, applicable to PROJECT unless otherwise designated in the approved PROGRAM SUPPLEMENT. This AGREEMENT and any PROGRAM SUPPLEMENT(s) executed under this AGREEMENT shall terminate upon sixty(60)days'prior written notice by STATE. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA City of Palm Springs Department of Transportation By By Chief, Office of Local Programs (Authorized Representative) Project Implementation Date Date /37 1 Page 8 of 8 a/21/99 RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA,APPROVING A NEW MASTER AGREEMENT NO. 00281, BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION (CALTRANS) AND THE CITY OF PALM SPRINGS FOR STATE AID GRANTS FOR TRANSPORTATION PROJECTS. WHEREAS the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation facilities and Administering Agency has applied to the California Transportation Commission (CTC) and/or State for funding from the State Transportation Improvement Program (STIP) or other programs as deftned in the Local Assistance Program Guidelines for use on those local transportation facilities as local administered project(s), hereinafter referred to as"Project"' and WHEREAS as provided by State policy, said Project will not receive any federal funds; and WHEREAS State is required to enter into an Agreement with Administering Agency to delineate those certain obligations placed upon Administering Agency relative to said State funding and the prosecution of said Project by Administering Agency. NOW THEREFORE BE IT RESOLVED that the City Council ofe City of Palm Springs does hereby approve the new Master Agreement No. 00281 between the State of California Department of Transportation(Caltrans)and the City of Palm Springs for StstsAid Grants for Transportation projects. ADOPTED this day of May, 2000. AYES: NOES ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED&APPROVED AS TO FORM ISIS