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HomeMy WebLinkAboutA3209 - CALTRANS TRAFFIC SIGNAL TRANSPORTATION GRANT EA#08-955447 , • . � ������ . State Dept of Transportation Traffic Signal Coord Grant AGREEMENT #3209 STATE-LOCAL ENTITY MASTER AGREEMENT NO. TSM/ R18071, 4-7-93 TRAFFIC SYSTEMS MANAGEMENT/FLEXIBLE CONGESTION RELIEF PROGRAMS (Pursuant to S&H Code Section 164 et seq) 08 Palm Springs DISTRICT LOCAL ENTITY THIS AGREEMENT, made in duplicate this 'L day of C(n 1993 , by and between City of Palm Springs a C 'ty, 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" . WITNESSTH F;HEREAS, as provided by Sections I64 . 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 and Flexible Congestion Relief Guidelines . W-HEREAS, 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, encumberances and liquidations etc. will be governed by the Financial Guidelines for TSM/FCR Projects as approved and/or modified by the California Transportation Commission. ar 1 ARTICLE II - Contract Administration 1. Projects shall be constructed as provided in the Traffic Systems Management (TSM) and Flexible Congestion Relief (FCR) 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. 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 STIP or TSM plan by the California Transportation Commission (CTC) . 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 or a supplemental allocation is requested and approved by the CTC. 5 . Subsequent to the CTC allocating the State funds and the LOCAL ENTITY has entered into: a State-Local Entity Master Agreenent ; and a project specific Program Supplement, the LOCAL ENTITY may request and receive payment for eligible work as follows : (a) STATE will pay the eligible participating costs upon LOCAL ENTITY submittal of acceptable monthly progress pay estimates for excenditures . * (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. * Except as provided in the TSi,/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. 2 ORIMNAL 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 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 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, 011:3 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) 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 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 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 reauirements may result in 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 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 " �^ :3 �`/ /v Tax Fund . The STATE may, at its option, apply any monies due the LOCAL ENTITY by the STATE to pay these claims. 11 . 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. ARTICLE III - Engineering I . "Project Development Costs" includes all preliminary work up to contract award 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 Oversight, Project Development Contract Administration and Right of Way staff support costs . STATE FUNDS for Project Development Costs are limited to 200 of the value of the project including construction and right-of-way acquisition cost.. 2 . "Construction Engineering" eligible casts 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 . STATE FUNDS for Construction Engineering (CE) are limited to 15e of the construction cost of the 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. 4 019rlp�fRA� ARTICLE IV - Right-of-way 1 . All related rights-of-way as are necessary for the construction 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 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 removal . ( f) the cost of all hazardous materials and waste clean up . (g) the costs which arise out of delays to the contractor because utility facilities have net 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 recuired by California Government Code, Sections 7260-7277 . 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 -the PROJECT. i5 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 . Auditors of STATE shall be given access to LOCAL ENTITY'S ! ooks 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 VI - Accommodation of Utilities 1 . Utility facilities nay be accommodated on the right-of- way provided such use and occupancy of the right-ef-way does not interfere with the 7`ree 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 OAT ER. The Use and Occupancy Agreement setting forth the terns under which the utility facility is to cross or otherwise occupy the right-of-way Host include the 6 r ORIGINAL provisions set foRh in Volume I , Section 140of 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 VII - Condition of Acceptance As a condition of acceptance of the State Funds provided for this project, LOCAL ENTITY will abide by the State policies , procedures and guidelines pertaining to the TSM/FCR Programs . IN WITNESS WFEREOF, the parties have executed this agreement by their duly authorized officers . STATE OF CALIFORNIA LOCAL ENTITY Department of Transportation Ey .,o _ District Director of Transportation M ager Date J� Date i- 13 ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk AJR/revised 12/2/91 r C1 t7 i e' IAI . 'sl PROGRAM SUPPLEMENT NO. 1 DIST4Jr88 Riv-O-PmSp 7O PROJECT No. TSM93-5282(001) STATE-LOCAL EN7M DATE: 2/22/93 MASTERAGREEMENTNO. 5282 EA: 08- 9sr1447 This program Supplcment is hereby incorporated into the Statc-Local Entity Muter Agrcemcnt for TSM/FCR Projects which was entered into between the LOCAL ENTITY and the STATE on_ and is subject to all the terns and conditions thereor. This program Supplement is adopted under authority or Resolution No. approved by the LOCAL EN71TY on (Sce copy attached) Desctiption/Location or Work: In the City of Palm Springs along Palm Canyon Drive between Techevah Drive and Cherokee Way . Traffic signal coordination. Proposed Funding: TOTAL COST STATE FUNDS LOCAL FUNDS ENGINEERING $126,500 $126,500 $0 CONSTRUCTION $378,500 $378,500 SO TOTAL $505,000 $505,000 $0 Special Conven=s: In accordance with the TSM Financial Guidelines the project should be awarded within six (6) months of the CTC vote, no later than December 31 , 1993. STATE OF CALIFORNIA Cite--of-L m rings _ DEPARTMENT OF TRANSPORTATION LOC N B'Y4 7 BYE// �/— �— DATE 9,,�-Distric Transportanon Distr-t O Date (Title of Authorized Official) n I I hereby Certify upon my personal knowledge that budgeted funds are available for this encu mbrance. 6� Accounting OrCccr Date Sa Q'7-L(✓'v ul'