Agmt96 State of California (2) - Laserfiche WebLink

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10. (a) A Tí ACH¡"\ENT ~ ~. 6 ~. ~h~T of (g) Project work undertaken and completed before execution of the cooperative agreement between the local agency and Caltrans cannot be reimbursed. Caltrans or the Commission may deny reimbursement for expenditures made before Commission approval of the program amendment. even if made within the tenns of the cooperative agreement. but nonnally would not be expected to do so. (h) Caltrans will reimburse for actual cost of preliminary engineering, environmental studies, and design engineering, as specified in the cooperative agreement, except that the local agency must pay for any project development costs that exceed 20% of total project construction cost, based on the estimated construction cost of the project as shown in the program or at approval of environmental clearance, whichever is greater. Caltrans reimburses project development expenditures from within its budget, in accordance with subsection (b) (4) of Govemment Code Section 14529.7 and the cooperative agreement. with no Commission involvement except for projects from the TCI program or projects funded with rail bonds for which project development work must be identified in the STIP as an eligible part of the project and the Commission must make a funding allocation. ~) A local agency can nonnally expect reimbursement for capital outlay expenditures as a lump sum payment in the year the project was originally programmed. However. for very high cost projects, Caltrans may specify in the cooperative agreement that reimbursement is to be paid quarterly on a schedule that corresponds to quarterly progress of construction, to avoid draining too large a sum from the state's account at one time. 0) If a local agency provides all or a portion of construction administration, Caltrans may reimburse for the actual cost of such construction administration, as specified in the cooperative agreement or consistent with nonnal prqctice wherein a local agency provides construction administration on a state project. Reimbursement for construction administration is made in the year that construction is completed, or the year the project was programmed. whichever is later. Reimbursement for construction administration is limited to 15% of project construction costs, unless agreed otherwise in advance in the cooperative agreement. (k) Interest or other debt service costs incurred by local agencies to finance advancement of a project are not reimbursable, per subsection (b)(2) of.Govemment Code Section 14524.7. (I) If a project is still under construction at the time the Commission allocates reimbursement, the local agency can only be reimbursed for work completed to date, and must submit progress payments for any remaining reimbursement. (m) Funds reimbursed to a local agency are to be put back in the account or funding source used to pay for the project advancement, and may then be used for any legal purpose at the discretion of the local agency. Reimbursements to local agencies for projects advanced with local sales and use taxes must be used for the same purposes for which voters approved those sales and use taxes, as required by subsection (b) (6) of Govemment Code Section 14529.7 (n) Caltrans and the Commission shall provide assistance to a local agency in meeting these provisions but shall have no liability for loss of reimbursements due to failure to meet requirements of these guidelines or the cooperative agreement. AGENCY RESPONSIBILITIES The local agency is responsible for. 1) Obtaining the support of the Regional Transportation Planning Agency for the project advancement and the payback project, 2) 3) Taking the proposed program amendment to Ca/trans and seeking its agreement, Executing the cooperative agreement with Caltrans.