HomeMy WebLinkAboutDEPARTMENT OF TRANSPORTATION (CALTRANS) SAFE ROUTE TO SCHOOL PROGRAM - 2004-07-06k.)
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved Q Denied
Council Meeting Date: July 6, 2004
C' e s Sign U
e
en D Number: PW 04-067
CITY OF HUNTINGTON BEACH F _
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL. EMBERS
n
SUBMITTED BY: PENELOPE CULBRET 4RAFT, City Administrat r
PREPARED BY: ROBERT F. BEARDSLEY, PE, Director of Public Work
SUBJECT: ADOPT RESOLUTION AUTHORIZING STATE FUNDING FOR
TRANSPORTATION CONSTRUCTION IMPROVEMENTS
Statement of Issue, Funding Source, Recommended Action, Alternative Actions), Analysis, Environmental status, Attachment(s)
Statement of Issue: This resolution will authorize the Director of Public Works to execute a
Master Agreement and Program Supplement Agreement for a State funded project related to
the Safe Routes to School grant program. One project has been authorized by the State to
receive funding.
Funding Source: Matching funds for the grants are budgeted in the Traffic Impact Fee
Fund.
Recommended Action: Motion to:
Adopt Resolution No. a(StA- S LA resolution of the City Council of the City of Huntington
Beach •authorizing the Director of Public Works to execute Master Agreement No. 000181
and Program Supplement No. 936 for Palm and Adams Avenues from 14th Street to 171h
Street and 14th and 17th Streets from Palm Avenue to Adams Avenue, effective June 30.
2004.
Alternative_Action_(s): Deny adoption of the authorizing Resolution and forfeit State project
funding of approximately S237,600.
Analysis: On May 8, 2003 the State of California Department of Transportation made
effective an agreement with the City of Huntington Beach for the State Transportation
Improvement Program (STIP), identified as Master Agreement 000181.
k`J REQUEST FOR ACTION�"�
MEETING DATE: July 6, 2004 DEPARTMENT ID NUMBER: PW 04-067
The Resolution will allow the City to execute Program Supplement No. 936, which covers
pro�ect costs for the construction of the traffic signal at the intersection of Palm Avenue and
17t Street and various sidewalk and curb ramp improvements in the area surrounding Smith
and Dwyer Schools, City Council authorized the construction award on June 16, 2003. The
project is now complete and the reimbursement of project costs, approximately $237,600, will
be submitted to the State.
Public Works Commission Action:
Not required.
Environmental Status: Not applicable.
Attachment(s):
Resolution No. :) MCA r �� W lv4!7
Master Agreement No. 030181 a," d.
Supplement Agreements No. 936
RCA Author: Stachelski:W jg
GAR C A12004104-067 July 6 Stachelski (Resolution for Supplement 936).doc -2-
6/3012004 8:49 AM
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ATTACHMENT #1
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RESOLUTION NO. 2004-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE 1tiiASTER
AGREEMENT NO. 00018! AND PROGRAM SUPPLEMENT NO. 936 TO AGREEMENT
NO. 000181 FOR PALM AND ADAMS AVENUES FROM 14T1 STREET TO IP1 STREET
AND 14'1 AND 17"' STREETS FROM PALM AVENUE TO ADAMS AVENUE
EFFECTIVE .NNE 30, 2004
WHEREAS, on May 8, 2003, the State of California Department of Transportation made
effective an agreement with the City of Huntington Beach, identified as Attachment A hereto:
Agreement 000181; and
Program Supplement No. 936 to the above mentioned Master Agreement requires street
and traffic signal improvements; and
The estimated project cost for the agreement is $264,000. From the estimated project
cost, the following dollar amount will be appropriated from State funds to the project as shown
on Attachment B hereto: Program Supplement No. 936: $237,600.
NOW, nIEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach that the Director of Public Works is authorized and directed to execute the necessary
documents to implement Program Supplement No. 936 to Master Agreement No. 000181 for
PALM and ADAMS AVENUES from I4P1 STREET to 17711 STREET and 14nt and I7TM
STREETS from PALM AVENUE to ADAMS AVENUE, CC-1210 effective June 30, 2004.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6th day of July , 2004.
UtyClerk
REVIEWED AND APPROVED:
ity Admi istrator
FILENAME: GATmnsportation Division KATO'.12141RESOLUTIO,I.doc
APPROVED AS TO FORM:
V e-, ::��J
Attolity-y
/1TIA -D AND OVED:
Director of Public Works
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�EJd. AEG. aoo 11-f'�
MASTER AGREEMENT roll ou•¢t
ADINMSTERING AGENCY - STATE AGREEMENT
FOR
STATE FUNDED PROJECTS
District 12
Agreement No. 000181
_City of Huntington Beach
Adminstcring Agency
THIS AGREEMENT, made effective this eighth day of May, 200 is by and between the
City of Huntington Beach, hereinafter referred to as 'ADL%JLN ERP;G AGENCY; and the
State of California, acting by and through its Department of Transportation, hereinafter referred
to as 'STATE.'
WITNESS=
WHEREAS, the Legislature of the State of California has enacted legislation by khich
certain State funds are made available for use on local transportation facilities; and
WHEREAS, ADIONUTERING AGENCY has applied to the California Transportation
Commission (CTC) and/or STATE for funding from the STATE Transportation Improvement
Program (STIP), or other programs. as defined in the Local Assistance Program Guidelines for
use on local transportation facilities as local administered PROJECT(s), hereinafter referred to as
"PROJECT; and
'%TEREAS, said PROJECT will not receive any federal funds; and
WHEREAS, STATE is willing to enter into an AGREENUT with ADN OTERING
AGENCY to delineate those certain obligations placed upon ADNi1rIISTEMG AGENCY
relative to the use of said State funding and the • prosecution of said PROJECT by
ADNMOTERING AGENCY.
NOW. THEREFORE, the parties agree as follows:
ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENNr shall have no force or effect with respect to any programmed project
unless ' and until a PROJECT -specific program supplement, adopting all of the terms and
conditions of this AGREEMENT, hereinafter referred to as "PROGRAM SUPPLEKEN T," has
been fully executed by the parties.
2. A Financial commitment of state funds will occur only Toliowing the execution of this
AGREEMENT together with the subsequent execution - of each applicable PROGRAM
SUPPLEMENT.
3. ADNINISTERING AGENCY further agrees, as a condition to the release and payment of
State funds encumbered to the PROJECT described in the PROGRAM SUPPLEMENT, to
comply with the terms of this AGREEMENT and all of the agreed -upon Special Covenants and
Page I of 9 115100
conditions attached to or made a part of the PROGRAM SUPPLEMENT, identifying and
defining the nature of that specific PROJECT.
a. . The PROGRAM SUPPLEMENT shall designate the ADNENISI'ERING AGENCY
responsible for implementing the various -phases of the PROJECT, the -State funding prog=
and the matching funds to be provided by ADhilA1ISTERWG AGENCY and/or others:
Adoption and execution of the PROGRAM SUPPLEMENT by ADM BTERDIG AGENCY
and STATE. incorporating the terms and Conditions of this AGREEMENT into the PROGRAM
SUPPLEMENT as though fully set forth therein, shall be sufficient to bind the
ADIMMSTERING AGENCY to these terms and conditions when performing the PROJECT.
Unless otherwise expressly delegated in a resolution by the ADNIINISTERENG AGENCY'S
governing body and concurred in by STATE, the PROGRAM SUPPLEMENT shall be managed
by the ADNMUSTERING AGENCY' governing body.
5. PROJECT shall be acquired, designed, and constructed (a) as required in the Local
Assistance Program Guidelines, (b) such other STATE procedures as are identified in the
PROGRAM SUPPLEMENT, and (c) as is specified in this AGREEMENT. =
6. Unless otherwise provided in the PROGRAM SUPPI EM.ENT, the ADMENISTERING
AGENCY shall advertise, award, and admWstcr the PROJECT construction contract or
contracts.
7. The estimated cost and scope of PROJECT will be as described in the PROGRAM
SUPPLEMENT and STATE funding participation is -limited to the -amounts- established -by
STATE. A contract awarded by ADMLNBTRATLIG AGENCY for an amount in excess of said
approved estimate may exceed said PROGRAM SUPPLLNIWr cost estimate provided (a)
ADiMTISTERLNG AGENCY provides the necessary additional funding or (b) a PROJECT cost
increase in State funding is first requested by ADIMNI,STERENG AGENCY and is approved by
STATE in the form of an amended PROGRAM SUPPLEMENT or a STATE approved
encumbrance document adding (or deleting) PROJECT funds.
B. Subsequent to the inclusion of the PROJECT in a plan or program approved by STATE
and the ADN.HNISTERING AGENCY entering into this AG'T and the PROGRAM
SUPPLEMENT, the ADMVISTERING AGENCY may request and receive payment for eligible
work as follows:
(a) STATE wil: reimburse the STATE's scare of eligible participating PROJECT costs
monthly in arrears upon ADI MASTERING AGENCY's submittal of signed acceptable monthly
progress pay invoices (in duplicate) for expenditures actually made by AD,%flMTBRING
AGENCY.
(b) If PROJECT involves work on the STATE highway system, that PROJECT shall also
be the subject of separate standard forms of STATE encroachment permits issued to
ADMI TISTERLNG AG0 CY and any contractors and, where appropriate, an executed
cooperative agreement between STATE and ADIMEqSTERING AGENCY to determine how
PROTECT is to be acquired. designed, or constructed and to establish ownership and future
maintenance obligations.
Page 2 of 9 1r5ro0
AW
(c) State funds will not participate in any portion of PROTECT work performed in
advance of either the effective date of the executed PROGRAM SUPPLEhlEN'T for said
PROTECT or the effective date of this AGREEMENT.
9. The total of all ADMINISTERING AGENCY invoices (submitted monthly or quarterly in
arrears) for reimbursement - of participating PROJECT costs, including all required
ADIM11NISTERING AGENCY matching funds, mast not exceed the actual total allowable
PROJECT costs, including, but not limited to, all completed preliminary engineering work, right
of way acquisition, design and construction included within the PROTECT description contained
in the PROGRAM SUPPLEMENT.
10. Invoices shall be submitted on AD,NMMTERING AGENCY Ietterhead and shall
reference (a) this AGREEMENT number, (b) the PROJECT title and number, (e) the progress
billing number for the PROJECT, and (d) shall be formatted and costs reported in accordance
with the current version of Chapter 5, "Accountingllnvoices," of the Local Assistance
Procedures Manual pubEshed by STATE.
11. STATE programmed amounts may be increased to cover PROJECT cost increases only
(a) if such funds are available, (b) STATE concurs with that proposed increase, and (c) STATE
executes an amending PROGRAM SUPPLIIvff.NT or a STATE approved encumbrance
document encumbering those funds.
12.. When additional State funds are not available; the AD:VIINISTERIN'G AGENCY. agrees
that the payment of State funds will be limited to the amounts already approved in the
PROGRAM SUPPLE,MMiT and all STATE approved encumbrance documents and that any
increases in PROJECT costs must be defrayed with ADti'dINISTERING AGM;CY funds.
13. 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. AUNUMTERING AGENCY shall ensure
that work performed under this AGREEMENT is done in conformance with the rules and
regulations embodying such requirements when they are applicable.
14. ADMINISTERING AGENCY and its subcontractors shall establish and maintain an
accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support
reimbursement payment vouchers or invoices which segregate and accumulate costs of
PROTECT work elements and produce monthly reports which clearly identify reimbursable costs,
matching costs, and other expenditures by ADUDUSTERING AGENCY.
15. ADMINISTERING AGENCY and all subcontractors shall comply with the Uniform
Administrative Requirements for State and Local Governments set forth in the Code of Federal
Regulations (CFR), Title 49, Part 18. In addition, the ADMINISTERING AGENCY agrees to
comply with the cost principles and procedures set forth in Office of Management and Budget
Circular A-87. The ADIVIENZTERDIG AGENCY agrees that a reference to either Office of
Management and Budget (OMB) Circular A-87 or the Code of Federal Regulations, Title 48,
Chapter 1, Part 31, whichever is applicable and the code of Federal Regulations, Title 49, Part
18, will be included in any subcontracts entered into as a result of this AGREEMEN7.
Page 3 of 9 115100
16. After completion of all work under this AGREEMENT, and after all PROJECT costs are
known, ADMMVISTERLNG AGENCY shall contract for a financial audit of PROJECT costs if
those costs are in excess of $300,000. This Audit, to be accomplished at the ADINIMSTERING
AGENCY's expense, may be done on an individual PROJECT basis, or PROJECT may be
included in the AD.NMNISTERING AGENCY's annual Single Audit. If an individual audit of
PROJECT is done, the auditor must prepare a Final Audit Report. If ADINIDMTERING
AGENCY chooses the Single Audit option, an audit report is required for the State funding
share. This report should be prepared in accordance with the guidelines set forth in OMIB
Circular A-133. Compliance testing performed far this audit should determine whether the
ADMNISTERING AGENCY has a system that is adequate to accumulate and segregate
reasonable, allowable and allocable costs to assure that:
(a) Reimbursement claims submitted to STATE for the PROJECT are supported by
payment vouchers and canceled checks.
(b) Charges for the various categories of eligible PROJECT costs incurred by. the
ADMINISTERING AGENCY are fully supported and recorded in the ADM2 NISTERING
AGENCY's accounting r--.cords in accordance with generally accepted accounting principles.
(c) The ADMINISTERING AGENCY complied with CFR 49 Part 18, Uniform
Administrative Requirements for State and Local Governments and OMB A-87, Cost Principles
for State and Local Governments. Any instances of noncompliance or costs determined
ineligible in 'accordance' with these 'regulations but claimed for reimbursement should be
identified and set forth in the auditoes report.
17. The "State Report of Expenditures" must be completed by ADMINISTERING AGENCY
within one hundred eighty (180) days of PROJECT completion in the format described for State
'funded projects in Chapter 17, "Project Completion' of the Local Assistance Procedures
Manual. The Final Invoice must be submitted with the "State Report of Expenditures % 7be
Audit must be completed by the December 30th following the fiscal year of PROTECT
completion. Project completion is defined as when all work identified in the approved
PROJECT Application and PROGRAM SUPPL N En has been completed and final costs am
known. The report documents (State Report of Expenditures and Final Audit Report) will be
sent to the appropriate STATE office. Failure to comply with these reporting requirements may
result in the withholding of future allocations for other projects.
18. STATE reserves the right to conduct technical and financial audits if it is determined to
be necessary, After any financial audit, ADMINISTERING AGENCY shall promptly refund any
excess State funds erroneously reimbursed to ADMIMSTERING AGENCY.
19. Should ADMLNISTERING AGENCY fail to refund all moneys due STATE as provided
hereunder or should ADMINISTERING AGENCY breach this AGREEIIdFNT by failing to
complete PROJECT, then, within thirty (30) days of STATE's demand, or within such other
period as may be agreed to in writing between the parties hereto, STATE, acting through the
State Controller, the State Treasurer, the California Transportation Commission (CTC'). or any
other public agency, may withhold or demand a transfer of an mount equal to the PROJECT
Page 4 of 9 115=
�arf
amount paid by STATE from future apportionments or any other funds due ADINUNISTEMG
AGENCY from the Highway Users Tax Fund or any other funds andfor may withhold approval
of future ADNMSTEI UNG AGENCY projects.
20. Should ADMINISTERING AGENCY be constituted as a joint powers authority, a special
district, or any other public entity not directly receiving funds through the State Controller and
ADNI ENISTERING AGENCY is declared by STATE to be in breach of this AGREEMENT or
otherwise in default. STATE is authorized to obtain reimbursement from whatever sources of
funding are available, including the withholding or transfer of funds, pursuant to Article I-19,
from any or all, joint and several, of those constituent entities comprising the joint powers
authority or by the bringing of an action against AD-N NISTERING AGENCY and its constituent
member entities to recover all funds provided by STATE hereunder. The ADINW41STERING
AGENCY acknowledges that the signatory party represents the ADtiUYlSTRING AGENCY and
further warrants that there is nothing within the Joint Powers Agreement itself that would restrict
or otherwise limit STATE's ability to recover state funds improperly spent by the
ADMINISTERING AGENCY in contravention of the terms of this AGREEN=.
21. When PROJECT is not on the STATE highway system, but includes work to be
performed by a railroad, the contract for such work shall be prepared and administered by
ADINEMSTERING AGENCY or by STATE, as the parties may hereafter agree. In either event,
ADMINISTERRVG AGENCY shall enter into an ageement with the railroad providing for future
maintenance of protective devices or other facilities installed or constructed under that contract.
ARTICLE II - ENGLVEERING
1. "Project Development Costs" includes all preliminary work directly related to the
PROJECT up to contract award for construction, 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 contract administration.
2. "Construction Engineering" eligible costs include actual inspection and supervision of
PROJECT 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.
3. Unless the parties shall otherwise agree in writing, ADMiNISIERING AGENCY'S
employees or its subcontractor engineering consultant shall be responsible for all PROJECT
engineering work. When construction engineering is performed by STATE, charges by STATE
invoiced to ADNL =TERDIG AGENCY shall include an assessment on direct labor costs in
accordance with Section 8755.1 of the State Administrative Manual. Any portions of STATE
charges not contractually absorbed by STATE shall be paid from PROJECT or other funds
administered by ADMIMSTERING AGENCY.
Page 5 of 9 1/5=
4. Costs incurred by ADM]NISTERING AGENCY in the period prior to the effective date
of this AGREEMENT or prior to a later date specified in a PROGRAM SUPPLEMENT or after
termination date for PROJECT described in the PROGRAM SUPPLEMENT or this
AGREEMENT are not allowable by STATE as reimbursable or matching costs.
ARTICLE III - RIGHT -OF -NAY
1. All related rights -of -way necessary for the construction of PROJECT shall be acquired by
ADIi1NISTERING AGENCY, and no contract for construction of PROJECT or any portion
thereof shall be advertised until those necessary rights -of -way have been secured.
2. The furnishing of rights -of -way as provided for herein includes, and is limited to, the
following, unless the PROGRAM SUPPLEMENT provides otherwise:
(a) - expenditures to purchase all real property required for PROJECT free and clear of
liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with -the
fair market value of any excess property retained and not disposed of by ADMINISTERING
AGENCY.
(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 sales of all improvements on the right-of-way after
credit for sale proceeds.
(e) the cost of all unavoidable utility relocation, protection or removal.
(f) the cost of all necessary hazardous material and hazardous waste treatment,
encapsulation or removal and protective storage for which AD-NIMTERiNG AGENCY is not
responsible and where the actual generator cannot be identified and recovery made.
3. Should ADIN NISTERING AGENCY, in acquiring right-of-way for PROJECT, displace
an individual, family, business, farm operation or nonprofit organization, the ADTNIINISTERLIIG
AGENCY shall provide relocation payments and services as required by California Government
Code Sections 7260-7277.
4. State funds will not participate in any PROJECT costs arising out of delays to
construction or a demolition contractor's orderly prosecution of the PROJECT work because
utilities have not been timely removed or relocated or due to the unavailability of rights -of -way.
5. If any protection, relocation or removal of utilities is required within STATE's
right-of-way, such work shall only be performed in a_cordance with then current STATE policies
and procedures. ADMENUTERING AGENCY shall require any utility company performing
relocation work in the STATUS right-of-way to ol,tain a STATE Encroachment Permit prior to
the performance of said relocation work. Any relocated utilities shall be correctly Iocated and
identified on the PROJECT as -built plans.
Page 6 of 9 115/00
ARTICLE IV - NUSCELLANEOUS PROVISIONS
1. The ' cost of security, protection, or maintenance 'performed by ADNDIdISTERING
AGENCY or contractor forces during any temporary suspension of the work or at any other time
may not be charged to the PROJECT.
2. Neither STATE nor any officer or employee thereof shall be responsible for any damage
or liability occurring by reason of anything done er omitted to be done by ADNMNISTERING
AGENCY under or in connection with any work, authority, or jurisdiction delegated to
ADM1NISTERLNG AGENCY under this AGREEMENT. It is also understood and agreed that,
pursuant to Government Code Section 895A, ADM[NISTERIING AGENCY shall fully defend,
indemnify and hold STATE, its officers and employees harmless from any liability imposed for
injury (as defined be Government Code Section 810.8) occurring by reason of anything done or
omitted to be done by ADMINISTERING AGENCY under or in connection with any work,
authority, or jurisdiction delegated to AD1v UNISTERING AGENCY under this AGREEMENT.
3. Neither ADINMQSTERNG AGENCY 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 er in connection with any work, authority, or jurisdiction delegated to
STATE under this AGRELNIENT. It is also understood and agreed that pursuant to Government .
Code Section 895.4, STATE shall fully defend, indemnify and hold ADNMNISTERING
AGENCY harmless from any liability imposed for injury (as defined be 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 this
AGREE144iFNT,
4. Auditors of state shall be given access to books and records of ADMINISTERi1VG
AGENCY and its cons,,dtants, contractors and subcontractors for the purpose of verifying
PROTECT costs and STATE's share to be paid or credited to ADMINISTERING AGENCY for
matching funds. ADN NISTERING AGENCY shall include clauses in its contracts for
PROJECT obligating consultants, contractors and subcontractors to conform and cooperate in
any audit of their PROJECT costs including providing copies of all requested documents and
financial records.
5. ADI DNISTEMG AGENCY will maintain and operate the PROTECT property
acquired, developed, rehabilitated, or restored for its intended public use as proposed in those
documents supplied by ADMQVISTERING AGENCY as part of PROJECT funding applications
and as described in this AGREEMENT until such time as the parties might amend this
AGREEMENT to otherwise provide. With the approval of STATE, ADINMNISTERING
AGENCY or its successors in interest in the property may transfer this obligation and
responsibility to maintain and operate the PROJECT property to another public entity.
Page 7 of 9 .115M
b. Upon ADMMWISTERING AGENCY acceptance of the completed PROJECT construction
contract or upon the construction contractor being relieved of the responsibility for maintaining
and protecting any portion of the work, the AD.VIMST=G AGENCY having jurisdiction
over the PROJECT shall maintain. repair and restore any damaged portions of the completed
work in a manner satisfa:tory to the authorized representatives of STATE. If, within ninety (90)
days after receipt of notice from STATE that a PROJECT, " or ' any portion therrof. under
ADIM11 STERLNG AGENCY's jurisdiction is not being properly operated, maintained, repaired
or restored and ADMINISTERING AGENCY has not satisfactorily remedied the conditions
complained of, the approval of future projects of ADNMNISTERING AGENCY will be withheld
until the PROJECT shall have been put in a condition satisfactory to STATE. The provisions of
this section shall not apply to a PROJECT which has been vacated, as preapproved by STATE,
through due process of law.
7. The ADMINISTERING AGENCY obligation to maintain, referred to in paragraph b
above, includes not only the physical condition of the PROJECT but its continued operation as
well. PROTECT shall be maintained by an adequate. and well -trained staff of engineers aridlor
such other professionals and technicians as the PROJECT requires. Said maintenance staff may
be employees of AD..MMSTERING AGENCY, another unit of govertm:ent, or a contractor
under an agreement with AMNIMSTERING AGENCY. All maintenance will be performed at
regular intervals or as required for efficient operation of the complete PROJECT improvements.
8. Without the written consent of STATE, this AGREEMENT .is not assignable' by
ADMRZSTERING AGENCY, either in'whole or in part.
9. No alteration or variation of the terms of this AGREEMENT or the PROGRAM
SUPPLEMENT shall be valid unless made in writing and signed by the parties hereto, and no
oral understanding or agreement not incorporated herein shall be binding on any of the parties
hereto.
10. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or
any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions,
terms, or funding of this AGREEMENT in any manner.
11. ADMDUSTERNG AGENCY agrees to use all PROJECT funds reimbursed hereunder
only for transportation purposes that are in conformance with Article X X of the California State
Constitution. .
ARTICLE V - CONOITION OF ACCEPTANCE
ADMDUSTERING AGENCY shall conform to all State statutes, regulations, and the
Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by
STATE and incorporated herein, including all subsequent approved revisions thereto, hereafter
collectively referred to es PROCEDURES, applicable to PROJECT, unless otherwise designated
in the approved PROGRAM SUPPLUEN T.
Page 8 of 9 115=
This AGREEMENT and any PROGRAM SUPPLEMENT(s) executed under this
AGRE UNr shall terminate upon sixty (60) days' prior written notice by STATE except that
obligations relative to the respective parties indemnification shall not expire and the
AD1VE11MU LN'G AGFNCY's duties assumed under Sections 4. 5. 6 and 7 of Article IV shall
continue for so long as PROJECT remains operable. .
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly
authorized officers.
STATE OF CALIFORNIA
Department of Transportation
By
Office of Project Implementation
Division of local Assistance
Date
City of Huntington Beach
By
(Authorized Representative)
Date ,/ 'qO �"¢
Page 9 of 9 US=
IN WITNESS WHEREOF, the City of Huntington Beach has executed the aforesaid
MASTER AGREEMENT ADMINISTERING AGENCY - STATE AGREEMENT FOR
STATE FUNDED PROJECTS (AGREEMENT NO. 000181) by and through its authorized
officers on ' J v n e— 304 ZO o , 2004.
REVIE%%`ED AND APPROVED: APPROVED AS TO FORM:
Ci Administrato. City Attorney
AND APPROVED:
l
/ Director of Public Works
70
_. r-_so Al. zjC0jI
pROCA;W Wprt= XWa 190. 936
to
Amlasn mn amcr-STA1'E AGREEKWr
yoR BTJ= semen FR04=8 NO. 000101
Date s April 06, 2004
Lacatl.aa:12-0RA-0-HM
project PMLb*rsSR7.SL-518l(l40)
X.A. Umber:12-931595
Locode85181
This GROGRAM SUPPIEHENT, effective.5l B 10 bmby incorporates into the Administering Agency - State Agreement No.
000I El for State Fimded PLO]errs which was enwed into between the ADM ;L7n UN0 At2ENCY and the STATE with an -
efiactive date of.51 F3103and is subject to all the tams add conditions theroof. This PROGRAM SMLEMENT is executed in
accordance sith Article I of the afa vmertioned Master Agreement under authority of Resolution No. aooV- SZapproved by the
ADM2;L4' EEG AGENCY on 7-6 W (Sce copy attached).
The ADMU S'TEIM'IG KMCY futtlta stipulates that as a condition to the payment by the State of any funds derived from
sourem Voted below encumbered to this project, it accepts and will comply with the Special Covenants and Remarks set forth on the
foubv ing pages.
pRO►1 = LOCATION:
Palm and Adana Avenues from 14th Strxt to 17th Street and 14th and I7th Streets from Palm Avenue to Adams Avenue
S�
5 _
=Pw 07 WORK: New signals, curb ramps. and sidewalk _
Mat mated Cost
State ruaas
scatchinq rungs
:
$264,000.00
STATE S237,6W.00
L0C'ILL
$26,4MOO
50.00
OTH= -
$0.00
c=T of mmmmm BElt
ii
/- ai,AlJk vAF �vswLa
[// Departmomt of Transportation
}Xy
Chief, Office or Project Zmlemantatit
Date s3uw, Division oz Local Assistance
` Date
Tittle 0, eee4cv A� "As.
_ 31exaby oartst5r up= sW pwomal ttr mledv tUt IffdV W funds are anattabIs for tzars ewvxbraaces
Aeca=ting Officer Date 5237,60000
-- -.
Cbepter statutes i Year mm red pc catee"r I T=d source asmn
106 200I 2660-101-012 2001-2002 2030-0I0-535 C 262040 042-T 237,60000
program SUMIso nt 00-0191-936- UZFJ= rage 1 or
.. I2-0RA4)-IWM
SR2SI.5181(I40)
SPECIAL COVENANTS OR RENAPM
1. The RDMXMISTSIMIG AGENCr will reimburse the STATE for the
ArKnaSTMMG AGENCY share of costs for work requested to be
performed by the STATE.
2, 1. This Program Supplement Agreement (PSA) is intended for Safe
Routs 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 82t28
Program Guidelines (LPP 02-01 effective March 11, 2002), as
approved and amended, and the PROJZICT Application.
3.'This PSA allows reimbursement of eligible PROJECT wq"mditures
to the ADHMSTF.RING AI3Z2= for which State funds are allocated.
The effective State allocation date establishes eligibility for
the AEKNiST221M AGENCY to start reimbursable work and seek
reimbu3sement' of funds. -Any work done prior to .the .effective
allocation date is not eligible for reimbursement from the Ms:
funds.
4. The STATE and AEK=STERIN(3 AGENCY agree that MS funds
available for reimbursement to the ADMIHISTERINO AGM= 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 ADeSMSTERING AGKWr &green to submit to the 6TATZ,
Exhibit 24-R.RProject Status Report* as required by the 8R2S
Program Guidelines. :
6. The AMMSTERIM AGEWr 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 ADM=STER.= AGEWr may request, in
writing, a time extension from the District Local Assistance
Engineer (DLAE). one time extension, for a maxim= period of one
.year, may be granted by the DLAE. Projects unable to meet —the
new deadline will be dropped from the program.
Program Suppla®ant 00-01n1-l36- SLAM page 2 of 3
12-ORA-0-ILA n 04'r0 00t
SR2S1,5181(140)
�j
t
SPECIAL COVEMNTS OR REIKARxS
7. The ADHNiSTERING 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.
S. When the total amount of State funds encumbered by this PSA
does not exceed $300$ 000, the ADMIQZSTERING ACMI CY may choose to
receive a lump Bum payment of the state funds upon submittal of
the award information to the STATE.
9. The RDH naSTrMM AGENCY agrees to submit the "Report of
Mgnmditures* to the DLAE within six (6) months after the project
completion in accordance with Section 17.3 of the Local
Assistance Procedures Kanual (LMW).
10. The ADM INIS AGENCY agrees to follow all relevant State
laws.and requiroments including the California Environmental
Quality Act MEW •
Trog'am 6wpplamaot00-0161-936- BZRIAL Page 3 of 3
kl%
IN WITNESS WHEREOF, the City of Huntington Beach has executed the aforesaid
PROGRAM SUPPLEMENT NO.936 TO ADMINISTERING AGENCY - STATE
AGREEMENT FOR STATE FUNDED PROJECTS NO. 0001 S 1 by and through its authorized
officerson -Jun e- 300 zoo!L - , 200a.
REVIER'ED AND APPROVED: APPROVED AS TO FORM:
Lj::!� C e-,
Cit Administrator.: ity Attorney
�/
ED AND APPROVED: -
Director of Public Works
Res. No. 2004-52
STATE OF CALIFORNIA
COUNTY OF ORANGE' ) ' ss:
CITY OF HUNTINGTON BEACH )
1, JOAN L. FLYNN the duly appointed, 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 an regular meeting thereof held on the 6th day of July,
2004 by the following vote:
AYES: Sullivan, Coerper Hardy, Green, Boardman, Cook
NOES: None
ABSENT: Houchen
ABSTAIN: None
QM!j
Ci Ierk and ex-officio erk of the
City Council of the City of
Huntington Beach, California
r
1J V
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
ADOPT RESOLUTION AUTHORIZING STATE FUNDING
FOR TRANSPORTATION CONSTRUCTION
IMPROVEMENTS
COUNCIL MEETING DATE:
July 6, 2004
RCA ATTACHMENTS
STATUS
Ordinance w/exhibits & legislative draft if applicable)
Not Applicable
Resolution w/exhibits & legislative draft if applicable)
Attached
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
Si ned in fu l by the City Attome
Not Applicable
Subleases, Third Party Agreements, etc.
LAp2roved as to form b , City Attome
Not Applicable
Certificates of Insurance (Approved by the CitZ Attome)
Not Applicable
Financial Impact Statement Unbud et, over $5,000)
Not Applicable
Bonds If applicable)
Not Applicable
Staff Report (If a licab'e)
Not Applicable
Commission, Board or Committee Report if applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORWARDED
Administrative Staff
Assistant Ci Administrator (Initial)
-
City Administrator Initial
Ci Clerk
( )
EXPLANATION FOR RETURN OF ITEM:
REQUEST FOR LATE SUBMITTAL
(To accompany RCA's submitted after Deadline
Department: Public Works
Subject Adopt Resolution Authorizing State Funding For
Transportation Construction Improvements
Council Meeting Date: 716104 1 1 Date of This Request: 6130104
REASON(Why is this RCA being submitted late?):
Reimbursement a greement was due as of June 30, 2004. Staff was unfamiliar
With the Caltrans requirement of a resolution by City Council prior to submission of
The supplemental agreement.
EXPLANATION(Why
is this RCA necessary to this agenda?):
Funding of loss of approximately
of $237,000 will occur if this RCA does not go before
Citv Council on July
6, 2004.
CONSEQUENCES
Potential loss of
shall delav of this RCA adversely imaact the C
ect fundi
f atu re:
l �
Department Head
)T:3 Approved 13 Denied
Penelope Culbre h-Graft
City Administrator
PVI 04-OU 071UPU
STATE OF CALIFORNIA. BUSINESS,Ah .SPORTATION AND HOUSING AGENCY Amot,i Schwarzenegger, Govemor
DEPARTMENT OF TRANSPORTATION _
Division of Local Assistance
1120 N STREET i [; :
P.O. BOX 942874, MS$ 1 ►
Sacramento, CA 94274-0001 '
TDO (916) 654-4014D�
qJ
(916) 654-3151
Fax (916) 653-7621 2-ORA-0-HNTB
July 20, 2004
Mr. Robert F. Beardsley
Director of Public Works
City of Huntington Beach
P.Q. Box 190
Huntington Beach, CA 92648
Dear Mr. Beardsley:
r
DEP1 QF P
181(140)
alm and Adams Avenues from
41h Street to 17th Street and 14th
and 17th ;streets from Palm Avenue
Enclosed are your fully executed copies of Administering Agency -State Master Agreement No. 000181 and Program
Supplement Agreement No. 0936 Rev. 000
Sincerely,
DAVID THOMPSON, Acting Chief
Office of Project Implementation
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(12) DLAE -Alan Williams