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Agmt96 State of California (2)
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Agmt96 State of California (2)
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Last modified
8/25/2005 4:41:39 PM
Creation date
8/25/2005 4:30:09 PM
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Template:
Agreement
Contractor Name
State of California
PROJECT NAME
Whipple Avenue Grade Separation - local match fund credit
RMP File Number
100
Date
6/1/1994
Reso Ref
12130
Box
5975
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<br />(f) <br /> <br />5 <br /> <br />,l.,7!',t.CHMENT <br />I <,' <br />I ,",h<:,~! <br />I <br /> <br />of <br /> <br />23 <br /> <br />(b) <br /> <br />The Commission should not be expected to allocate funds for reimbursement before the beginning of <br />the fiscal year in which the advanced project was originally programmed. but may make such an <br />allocation earlier if it finds that there is sufficient funding available in the appropriate state account and <br />other project delivery with a higher priority claim on that funding is not expected in a timely way. The <br />Commission may also delay allocation if it finds that insufficient funding is available in the appropriate <br />state account. <br /> <br />(c) <br /> <br />The local agency should expect a funding allocation to appear on the Commission agenda for <br />approval within 60 days of a request to Caltrans for reimbursement. <br /> <br />(d) <br /> <br />Commission allocations are effective only after the Govemor has signed the State Budget for the <br />fiscal year. <br /> <br />(e) <br /> <br />The Commission will treat payback projects as the highest priority among projects within a <br />programmed fiscal year, both for allocation and for the case where projects must be reprogrammed to <br />a later fiscal year because of funding shortages, with the exception that safety and urgent <br />rehabilitation projects must have a higher priority than a payback project. This provision shall apply <br />only to payback cash projects, not to substitute projects amended into the program. <br /> <br />(f) <br /> <br />The Commission shall consider using short-term loan authority from Govemment Code Sections <br />14560 et seq. (from S8 460 (Killea, 1991) and AB 981 (Katz, 1991» whenever a shortfall of federal or <br />state funds prevents allocation of a payback project within the fiscal year, so that allocation and <br />reimbursement can be made in a timely way. <br /> <br />9. <br /> <br />REIMBURSEMENT LIMITATIONS AND PROCESS <br /> <br />(a) <br /> <br />Reimbursement is limited as specified in subsections (b) (2) - (3) . (4) of Government Code Section <br />14529.7, in the program amendment, and in the cooperative agreement. <br /> <br />(b) <br />(c) <br /> <br />In all cases, reimbursement shall conform to the terms of the cooperative agreement. <br /> <br />Reimbursement for projects with multi-agency shared funding will be split as defined in the <br />cooperative agreement, or, if not specified, prorated based on each agency's share of funding for <br />construction costs. <br /> <br />(d) <br /> <br />Caltrans shall calculate escalation factors for reimbursement, as applicable, using the annual <br />construction cost index for Califomia for the 12 months preceding the time of contract award and the <br />12 months preceding the time of Commission allocation of reimbursement funding. Where escalation <br />is applicable, all capital outlay costs, including right-of-way and construction, shall be escalated using <br />a single factor derived from the construction cost index for California. <br /> <br />(e) <br /> <br />A local agency will be reimbursed only for the project originally described in the state program, and <br />generally only to the total amount programmed for the project. Project scope may be modified during <br />environmental clearance, or otherwise within Commission guidelines for the STIP, but Caltrans and <br />the Commission must approve any change in scope, and expect the local agency to bear any cost <br />differential. Any savings in project cost may be available for use on other projects in the region which <br />may be proposed by the Regional Transportation Planning Agency responsible for preparing the <br />Regional Transportation Improvement Program (RTIP) in cooperation with Caltrans, as allowed under <br />the Commission's Cost Savings Incentive Policy (CTC Resolution #G-93-1). <br /> <br />If project cost must be increased due to factors discovered after construction has started, the local <br />agency must bear the immediate cost increase but may seek án increase in reimbursement, if the <br />project is eligible, using the process for supplemental funding for projects in the state program, <br />specified in CTC Resolution #G-12. Under this process, Caltrans has authority to approve <br />supplemental state funding for project cost increases up to certain limits; state funding for cost <br />increases beyond these limits must be brought to the Commission for review and approval. Caltrans <br />must identify a source from which to take the supplemental funding, and any supplemental funding <br />shall be added into the payback or substitute project in the state program. <br />
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