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HomeMy WebLinkAboutCaltrans - California Department of Transportation - 2009-12-077--,'��'� s1 Council/Agency Meeting Held:ZoZ Ait /,2Go Deferred/Continued to: *Ap ov d ❑ Conditionally Approved ❑ Denied Cit le ' Signat e Council Meeting Date: 12/7/2009 Department ID Number: PW 09-59 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU I MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST R PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECT F PUBLIC WORKS SUBJECT: Adopt Resolution Authorizing State Funding for Safe Routes to School. Project - Spring View Middle School Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The resolution will authorize the Program Supplement Agreement for the Safe Routes to School project in the vicinity of Spring View Middle School. The project has been authorized by the California Department of Transportation (Caltrans) to receive state funding under the Safe Routes to School Program. Caltrans requires that the agreement be executed and returned by December 18, 2009, or the funds will be forfeited. Funding Source: The grant amount is $306,900. Matching funds are budgeted in the Measure M Fund. The estimated cost of the project is $341,000. Recommended Action: Motion to: Adopt Resolution No. 2on9-7g A Resolution of the City Council of the City of Huntington Beach Authorizing the Mayor and City Clerk to Execute California Department of Transportation Supplement Agreement No. OG28 Rev. 000 for the Safe Routes to School Program. Alternative Action(s): Deny adoption of the authorizing resolution and forfeit grant funding in the amount of $306,900. REQUEST FOR CITY COUNCIL ACTION MEETING ®ATE: 12/7/2009 DEPARTMENT I® NUMBER: PW 09-59 Analyses: In April 2009, the City applied for a grant for traffic safety improvements in the vicinity of Sowers School under the Safe Routes to School Program. The grant was approved and the State allocated funds in August 2009. Adopting the resolution will allow the City to execute Program Supplement Agreement No. OG28 Rev. 000 to the Agency -State Master Agreement No. 00035S for the Safe Routes to School Program. This project includes the installation of a traffic signal at the intersection of Heil Avenue and Trudy Lane, the installation of curb ramps, signing, and striping improvements. The estimated cost for this project is $341,000. State funds will be appropriated in the amount of $306,900. The balance of the funding is being included in the adopted 2009/10 Capital Improvement Program. Execution of the Program Supplement Agreement does not commit the City to completing the project or funding the improvements. Strategic Plan Goal: Maintain, improve and obtain funding for public improvements. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303 (c). Attachment(s): -2- 11/19/2009 3:47 PM ATTACHMENT .0 VICINITY MAP N.T.S. SAFE ROUTES TO SCHOOL PROJECT SPRING VIEW MIDDLE SCHOOL CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TRAFFIC ENGINEERING ATTACHMENT 1 ATTACHMENT #2 RESOLUTION NO. 2009-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CALIFORNIA DEPARTMENT OF TRANSPORTATION SUPPLEMENT AGREEMENT NO. OG28 REV.000 FOR THE SAFE ROUTES TO SCHOOL PROGRAM WHEREAS, the City of Huntington Beach is eligible to receive Federal and/or State funds for certain transportation projects, through the California Department of Transportation; and Department of Transportation Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer agreements need to be executed by the receiving agency before such funds can be claimed; and On June 4, 2007, the City entered into an agreement with the State of California for State - funded projects, identified as Agency -State Master Agreement No. 00035S; and Program Supplemental No. OG28 Rev.000 to the above mentioned Master Agreement has been found eligible for funding under the Safe Routes to School Program administered by California Department of Transportation; and The estimated cost for this project is $341,000. State funds will be appropriated in the amount of $306,900 as shown on Exhibit A attached hereto and incorporated by this reference, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that the Mayor and City Clerk are authorized and directed to execute the necessary documents to implement Program Supplement Agreement No. OG28 Rev. 000 to Agency -State Master Agreement No. 00035S for the Safe Routes to School Program in the vicinity of Spring View Middle School. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of December , 20 09 . M or RE*VIED APPROVED: INITIATED AND APPROVED: City dmi istrator Director of Public'Works APPROVED AS TO FORM: I` Sy A�ttorn!d 7Pef 40485 s PROGRAM SUPPLEMENT NO. G28 to ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 00035S Date: September 24, 2009 Location: 12-ORA-0-HN .B Project Number:SR2SL-5181(l67) E-A. Number:12-932039 Locode:5181 This PROGRAM SUPPLEMENT, effective / / , hereby incorporates into the Administering Agency - State Agreement No. 00035S for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 03/23/07 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. 2 0 0 9 - 7 8 approved by the ADMINISTERING AGENCY on 12 /7 /09(See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, it accepts and will comply with the Special Covenants and Remarks set forth on the following pages. PROJECT LOCATION: Intersection of Heil Avenue and Trudy Lane TYPE OF WORK : New traffic signal, curb ramps, striping, markings, and signage Estimated Cost .State Funds Matching Funds $341,000.00 STATE $306,900.00 LOCAL $34,100.00 $0.0.0 OTHER $0.00 CITY OF HUNTINGTON BEACH By Date December T*-. 2009 Tit STATE OF CALIFORNIA Department of Transportation BY ,(}Chief, Office of Project Implementation Division of Local Assistance /� Date �i� 9 ) / i Q I hereby c�ytify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer - t.cit� ^- Date "t - 214 - 0�3$306,900.00 Chapter Statutes Item Year Pro BC Category Fund Source AMOUNT 171 2007 2660-102-042 2007-2008 20.30.010.535 C 262040 042-T APPROVED AS TO FORM JE NIFE"CGRATH, City Attorney �� �flfol® By Pain D'A}essandro Assistant City Attorney 306,900.00 Progr. m Supplement 00-035S-G28- SERIAL Page 1 of 3 12-ORA-0-HNTB 10/19/2009 SR29L-5181(167) SPECIAL COVENANTS OR REMARKS 1. 1. This Program Supplement Agreement (PSA) is intended for Safe Route to School (SR2S) Program funded with State -only funding. Separate agreements are needed if PROJECT is also funded with any other STATE administered State or Federal funds. 2. The PROJECT will be administered in accordance with the SR2S Program Guidelines (LPP 02-01 effective March 11, 2002), as approved and amended, and the PROJECT Application. 3 This PSA allows reimbursement of eligible PROJECT expenditures to the ADMINISTERING AGENCY for which State funds are allocated. The effective State allocation date establishes eligibility for the ADMINISTERING AGENCY to start reimbursable work and seek reimbursement of funds. Any work done prior to the effective allocation date is not eligible for reimbursement from the SR2S funds. 4. The STATE and ADMINISTERING AGENCY agree that SR2S funds available for reimbursement to the ADMINISTERING AGENCY by the STATE will be limited to the amount allocated and encumbered by the STATE. Any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE approved Allocation Letter and Finance Letter. 5. The ADMINISTERING AGENCY agrees to submit to the STATE, Exhibit 24-B "Project Status Report' as required by the SR2S Program Guidelines. 6. The ADMINISTERING AGENCY agrees to encumber the funds under agreement and award the construction contract by June 30th of the fiscal year in which funds are programmed. For projects unable to meet this deadline, the ADMINISTERING AGENCY may request, in writing, a time extension from the District Local Assistance Engineer (DLAE). A one-time extension, for a maximum period of one year, may be granted by the DLAE. Projects unable to meet the new deadline may be dropped from the program. 7. The ADMINISTERING AGENCY agrees to provide contract award information to the STATE when submitting first invoice for this PROJECT. Attachment I of this PSA may be used for providing the necessary contract award information. 8. The ADMINISTERING AGENCY agrees to submit the "Report of Expenditures" to the DLAE within six (6) months after the project completion in accordance with Section 17.5 of the Local Assistance Procedures Manual (LAPM). 9. The ADMINISTERING AGENCY agrees to follow all relevant State laws and requirements including the California Environmental Quality Act (CEQA). 2. The ADMINISTERING AGENCY will reimburse the STATE for the ADMINISTERING AGENCY share of costs for work requested to be performed by the STATE. Program Supplement 00-035S-G28- SERIAL Page 2 of 3 12-ORA-0-HNTB 10/19/2009 S R2SL-518 t(167) SPECIAL COVENANTS OR REMARKS 3. Pursuant to Chapters 268 and 269 of the Statutes of 2008 included in the State Budget Act, any State and Federal funds that may have been encumbered for this project are only available for disbursement for a period of six (6) years and six (6) years, respectively, from the start of the fiscal year(s) that those funds were appropriated within the State Budget Act. All project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested and is. approved by the California Department of Finance per Government Code Section 16304. The exact date of each fund reversion will be reflected in the approved finance letter(s) issued for this project. Notwithstanding the unliquidated sums. of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement that is not submitted to the Department on or before 60 days after that applicable fixed fund reversion date will not be paid from that fiscal year's encumbered funds because all of these unexpended funds will be irrevocably reverted by the Department's Division of Accounting on that date. Pursuant to a directive from the State Controller's Office and the Department of Finance, the last date to submit invoices for reimbursed work in each fiscal year is May 15th in order for payment to be made out of those then current appropriations. Project work performed and invoiced after May 15th will be reimbursed only out of available funding that might be encumbered in the subsequent fiscal year, and then only when those funds are actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office. 4. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds. Program Supplement 00-035S-G28- SERIAL Page 3 of 3 Res. No. 2009-78 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN 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 December 7, 2009 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None (Ay Clerk and ex-offi Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #3 STATE OF CALIFORNIA. BUSINESS,TRANSPORTATION AND HOUSING AGENCY Arnold Schwarzenegger, Governor DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TTY 711 (916) 654-3151 Fax (916) 653-7621 October 21, 2009 Mr. Robert Beardsley Director of Public Works City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Attn: Mr. Bill Janusz Dear Mr. Beardsley: 4 File: 12-ORA-0-HNTB SR2SL-5181(167) Intersection of Heil Avenue and Trudy Lane Enclosed are two originals of the Program Supplement Agreement No. OG28 Rev. 000 to Administering Agency -State Master Agreement No. 00035S and an approved Finance Letter for the subject project. Please retain the signed Finance Letter for your records. Please sign both Program Supplement Agreements and return them to this office, Office of Local Programs - MS1within 60 days from the date of this letter. If the signed Agreements are not received back in this office within 60 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the agreement language or funding. Attach your local agency's certified authorizing resolution that clearly identifies the project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. No invoices for reimbursement can be processed until the agreement is fully executed. In accordance to Government Code 16304, Federal funds appropriated by the State budget are available for liquidation only for seven years and the State funds are available only for five years. The attached Finance Letter shows these deadlines as the "Reversion Date". Please ensure that your invoices are submitted at least 60 days prior to the reversion date to avoid any lapse of funds. If your agency is unable to seek reimbursement by this date you may request an extension through a Cooperative Work Agreement (CWA). A CWA is subject to the final approval of the State Department of Finance. If approved, the CWA may extend the deadline for up to one year for federal funds and up to three years for State funds. Please note that Government Code 16304 does not supersede any other more restrictive expenditure deadlines. Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer. Sincerely, RAY ZHANG, Chief Office of Project Implementation - South Division of Local Assistance Enclosure c: OLP AE Project Files (12) DLAE - Jim Kaufman DEPARTMENT OF TRANSPORTATION FINANCE LETTER Date: 09/30/2009 DIVISION OF ACCOUNTING Agency: 12-ORA-0-HNTB LOCAL PROGRAM ACCOUNTING BRANCH Project No: SR2SL-5181 167 EA No: 12-932039 Attention: City of Huntington Beach Remarks: FY 08-09 SR2S Cycle 8 Project ID #7005. Reimbursement ratio = 90%. I ACCOUNTING INFORMATION- SR2SL-5181(167) j Fund Program Fed/State Encumbrance Amount Approp Year Expenditure Amount Reversion Date 08JW L.A. SAFE ROUTE"* S $306,900.00 2007 $0.00 06/30/13 ---- - --- ----- ----- ----- - - - -- �- -- - _ Page 1 of 1 PROGRI-01 SUPPLEMENT NO. G28 to ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 00035S Date: September 24, 2009 Location: 12-ORA-0-HNTB Project Number:SR2SL-5181(167) E.A. Number:12-932039 Locode:5181 This PROGRAM SUPPLEMENT, effective / / , hereby incorporates into the Administering Agency - State Agreement No. 00035S for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 03/23/07 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. 2009 - 78 approved by the ADMINISTERING AGENCY on 12 / 7 / 0 9 (See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, it accepts and will comply with the Special Covenants and Remarks set forth on the following pages. PROJECT LOCATION: Intersection of Heil Avenue and Trudy Lane TYPE OF WORK: New traffic signal, curb ramps, striping, markings, and signage Estimated Cost State Funds Matching Funds $341,000.00 STATE $306,900.00 LOCAL $34,100.00 $0.00 OTHER $0.00 CITY OF HUNTINGTON BEACH By Date Title STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementati Division of Local Assistance Date I hereby ertify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer d- G^ _� �c��J--- Date Q -2_4` 0=j $306,900.00 171 2007 2660-102-042 2007-2008 20.30.010.535 C 262040 042-T 306,900.00 APPROVED AS TO FORM J NIFE&McGRATH, City Attorney By Phul E�A]Lsoan�Jr� L Assistant City Attorney Program Supplement 00-035S-G28- SERIAL Page 1 of 3 12-ORA-0-HNTB SR2SL-5181(167) SPECIAL COVENANTS OR REMARKS 10/19/2009 1 • 1. This Program Supplement Agreement (PSA) is intended for Safe Route to School (SR2S) Program funded with State -only funding. Separate agreements are needed if PROJECT is also funded with any other STATE administered State or Federal funds. 2. The PROJECT will be administered in accordance with the SR2S Program Guidelines (LPP 02-01 effective March 11, 2002), as approved and amended, and the PROJECT Application. 3 This PSA allows reimbursement of eligible PROJECT expenditures to the ADMINISTERING AGENCY for which State funds are allocated. The effective State allocation date establishes eligibility for the ADMINISTERING AGENCY to start reimbursable work and seek reimbursement of funds. Any work done prior to the effective allocation date is not eligible for reimbursement from the SR2S funds. 4. The STATE and ADMINISTERING AGENCY agree that SR2S funds available for reimbursement to the ADMINISTERING AGENCY by the STATE will be limited to the amount allocated and encumbered by the STATE. Any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE approved Allocation Letter and Finance Letter. 5. The ADMINISTERING AGENCY agrees to submit to the STATE, Exhibit 24-B "Project Status Report" as required by the SR2S Program Guidelines. 6. The ADMINISTERING AGENCY agrees to encumber the funds under agreement and award the construction contract by June 30th of the fiscal year in which funds are programmed. For projects unable to meet this deadline, the ADMINISTERING AGENCY may request, in writing, a time extension from the District Local Assistance Engineer (DLAE). A one-time extension, for a maximum period of one year, may be granted by the DLAE. Projects unable to meet the new deadline may be dropped from the program. 7. The ADMINISTERING AGENCY agrees to provide contract award information to the STATE when submitting first invoice for this PROJECT. Attachment I of this PSA may be used for providing the necessary contract award information. 8. The ADMINISTERING AGENCY agrees to submit the "Report of Expenditures" to the DLAE within six (6) months after the project completion in accordance with Section 17.5 of the Local Assistance Procedures Manual (LAPM). 9. The ADMINISTERING AGENCY agrees to follow all relevant State laws and requirements including the California Environmental Quality Act (CEQA). 2. The ADMINISTERING AGENCY will reimburse the STATE for the ADMINISTERING AGENCY share of costs for work requested to be performed by the STATE. Program Supplement 00-035S-G28- SERIAL Page 2 of 3 12-ORA-0-HNTB 10/19/2009 SR2SL',.181(167) SPECIAL COVENANTS OR REMARKS 3. Pursuant to Chapters 268 and 269 of the Statutes of 2008 included in the State Budget Act, any State and Federal funds that may have been encumbered for this project are only available for disbursement for a period of six (6) years and six (6) years, respectively, from the start of the fiscal year(s) that those funds were appropriated within the State Budget Act. All project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested and is approved by the California Department of Finance per Government Code Section 16304. The exact date of each fund reversion will be reflected in the approved finance letter(s) issued for this project. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement that is not submitted to the Department on or before 60 days after that applicable fixed fund reversion date will not be paid from that fiscal year's encumbered funds because all of these unexpended funds will be irrevocably reverted by the Department's Division of Accounting on that date. Pursuant to a directive from the State Controller's Office and the Department of Finance, the last date to submit invoices for reimbursed work in each fiscal year is May 15th in order for payment to be made out of those then current appropriations. Project work performed and invoiced after May 15th will be reimbursed only out of available funding that might be encumbered in the subsequent fiscal year, and then only when those funds are actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office. 4. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds. Program Supplement 00-035S-G28- SERIAL Page 3 of 3 M11M's-MI� I'd HTIATING DEPARTMENT: Public works SUBJECT: Adopt Resolution Authorizing State Funding for Safe Routes to School Project - Spring View Middle School COUNCIL MEETING DATE: December 7, 2009 RCA ATi° C, I NT .STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable . Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached Not A plicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorne) Not Applicable Subleases, Third Party Agreements, etc. Attached I ❑ (Approved as to form by City Attorne) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached Not Applicable Staff Report (if applicable) Attached El Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not A plicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable RCA Author: Janusz:jg City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK December 15, 2009 Department of Transportation Division of Local Assistance 1120 N Street PO Box 942874, MS #1 Sacramento, CA 94274-0001 Dear Mr. Zhang: Enclosed please find two originals of the Program Supplement Agreement No. OG28 Rev. 000 to Administering Agency -State Master Agreement No. 00035S and a certified copy of Resolution No. 2009-78, adopting by City Council on December 7, 2009. Upon execution, please return all one original to. - Joan Flynn City Clerk 2000 Main Street — 2�d Floor Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure: Agreements G:fo11owap:agrmt1tr Sister Cities: Anjo, Japan • Waitakere, New Zealand ( Telephone: 714-536-5227 ) STATE OF CALIFORNIA. BUS IN ESS,TRANSPORTATION AND HOUSING AGENCY Arnold Schwarzenegger, Governor DEPARTMENT OF TRANSPORTATION�, Division of Local Assistance,' 1120 N STREET" P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TTY 711 (916)654-3151 Fax (916) 653-7621 File: 12-ORA-0-HNTB December21, 2009 Mr. Robert Beardsley Director of Public Works City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Attn: Ms. Joan Flynn Dear Mr. Beardsley: SR2SL-5181(167) Intersection of Heil Avenue and Trudy Lane Enclosed is your fully executed copy of Program Supplement Agreement No. OG28 Rev. 000 to Administering Agency - State Master Agreement No. 00035S Sincerely, RAY ZHANG, Chief Office of Project Implementation - South Division of Local Assistance Enclosure c: OLP AE Project Files (12) DLAE - Jim Kaufman