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HomeMy WebLinkAboutCity Council - 6513 RESOLUTION NO. 6513 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE STATE-LOCAL ENTITY MASTER AGREEMENT NO. TSM/FCR-5181 AND PROGRAM SUPPLEMENT NO. 001, AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE THE AGREEMENT AND SUPPLEMENT ON BEHALF OF THE CITY OF HUNTINGTON BEACH WHEREAS, the State of California and the City of Huntington Beach are proposing a traffic systems management/flexible congestion relief program in the City of Huntington Beach; and The City Council desires to approve the Master Agreement and Supplement No. 001 thereto, collectively attached hereto as Exhibit "A, " and by this reference incorporated as though fully set forth herein; and The City Council further desires to authorize the Public Works Director to execute said agreements on behalf of the City, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows : 1 . That the City Council hereby approves the Master Agreement and Supplement No. 001 thereto, collectively attached hereto as Exhibit "A, " and by this reference incorporated as though fully set forth herein. 2 . That the City Council hereby authorizes Louis F. Sandoval, Director of Public Works, to execute said agreements on behalf of the City. 7/30/93 :440 : sg -1- PASSED AND ADOPTED BY THE City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of August 1993 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk dy */g*Jity Atto ey 7 -0 7_3b-.t3 REVIEWED AND APPROVED: INI LIIATIE;D.A D APPROVED: 0,0 City Adm' nis ator Direc or of Public Works 7/30/93 :440 : sg -2- 6513 STATE-LOCAL ENTITY MASTER AGREEMENT i.m. TSM/FCR-5181 TRAFFIC SYSTEMS MANAGEMENT/FLEXIBLE C014GESTION RELIEF PROGRAMS (Pursuant to S&H Code Section 164 et seq) 12 CITY OF HUNTYNMN MAm DISTRICT LOCAL ENTITY THIS AGREEMENT, made in duplicate this day of 199_, by and between the City of Huntington rh , a City, 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 WHEREAS, as provided by Sections 164 . 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. 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 ' l - 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. 7 1 E513 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. z _ Unless otherwise provided in the project specific Program Supplements) 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 Agreement; and a project specific Program Supplement, the LOCAL ENTITY nay 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 expenditures. * (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 TSM/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 7 . After completion of all work under this agreement, for each project as described in the Program Supplement (s) , and after all costs are }:nokn, 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, OMB 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 requirements 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 .._ 6513 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 1 . "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 20% of the value of the project including construction and right-of--way acquisition cost. 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. STATE FUNDS for Construction Engineering (CE) are limited to 15% 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 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 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, relocation payments and services shall be provided as required 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. [ 5 6513 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 Cade 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 books and records for the purpose of verifying costs and pro rats share to be paid. All project documents will be available for inspection b authorized state personnel at P Y 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 2. Utility facilities may be accommodated on the right-of- wayprovided such use and occupancy of the right-of-way P P Y does not interfere with the free and safe flow of traffic or other-wise 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 EI+TITY and O�,'rE�. The Use ann Occupancy Agreement setting I forth the terms under which the utility facility is to cross ` or otherwise occupy the right-of-way must include the 6 provisions set forth in volume 1 , Section 12 of the LOCAL PROGRI,.MS 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 E14TITY 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 WHEREOF, the parties have executed this agreement by their duly authorized officers. STATE OF CALIFORNIA LOCAL ENTITY Department of Transportation CITY OF HUNTINGTON BEACH Ey By District Director of Transportation Date Date APPROVED AS .TO FORM:1 GAIN HUTTONY, City Attorney 33Y:1 Deputy City Attorney ?�,-P— ? AJR/revised 12/2/91 �f 7 ✓ r 6513 PROGRAM SUPPLEME.N7 NO. 001 DIST. 12 _ ORA—O—NNTB . . T10 PRo1Ecr No. TSM93-5181 (001') STATE-LOCAL E?%TM TSM/FCR-5181 DATE May 10, 993 MASTER AGREEMENT NO. EA: 12-929122 This Program 5upp)emcnt is hereby incorporated into the Statc-Local Entity Master Agreement for TSM/FCR Projects which was cntered into between the LOCAL F.NTZTY and the STATE on and is subject to all the terns and condWons thereof. This Pmgnsm Supplement is adopted under sutho6ty of Resolution No approved by the LOCAL ENTITY on (Sec copy auached) DcscriptionA=ation or Work: This project will upgrade, interconnect and coordinate signals at various intersections in the City of Huntington Beach. Proposed Funding: TOTAL COST STATE FUNDS (TSM) LOCAL FUNDS PE $ 30,000 $ 30,000 $ 0 CE 40,000 0 40,000 CONST 6302000 130,000 500,000 TOTAL $ 700,000 $ 160,000 $ 540,000 Special Convenanu: NONE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION LOCAL ENTITY BY BY A isuic trector of Transportation (Title of Authorized Official) District 12 Date Attest: critic) I hereby Cenify upon my R=onal knowledee that budeeted funds are available for this encumbrance. Accounting Officer ,j // Date S160, c S °" 9,z- 33 0•30000 G 5 n.)D "1 Res. No. 6513 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 16th day of August 19 93 by the following vote: AYES: Councilmembers: Robitaille, Bauer, Moulton-Patterson, Wing 11e11 Silva, uZ 1 imr Ti-ip ZiQ NOES: Councilmembers: None ABSENT: Councilmembers: None y C I er ana ex-o icy er of the City Council of the- City of Huntington Beach, California