Loading...
HomeMy WebLinkAboutSAFE ROUTES TO SCHOOL GRANT PROGRAM - 2005-11-07 STATE OF CALIMRNIA.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 TDD(916)654-4014 (916)654-3151 File: 12-ORA-0-HNTB Fax(916)653-7621 SR2SL-5181(155) December 2, 2005 Intersection of Edwards Street and Slater Avenue and along neighboring streets surrounding Me: Mr.Robert F. Beardsley Director of Public Works City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 Attn: Mr. Doug Kato Dear Mr. Beardsley: Enclosed is your fully executed copy of Program Supplement Agreement No. 01317 Rev. 000 to Administering Agency- State Master Agreement No. 000181 . Sincerely, W"4at;-.1 i&-IILLIAM J. SANDOVAL, Acting Chief lwoiff of Project Implementation Division of Local Assistance Enclosure c: DLA AE Project Files (12) DLAE -Alan Williams 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 TDD(916)654-4014 (916)654-3151 File: 12-ORA-0-HNTB Fax(916)653-7621 SR2SL-5181(156) Along Graham Street, Glenstone December 2, 2005 Drive, Frans Lane,Apel Lane,and Tilburg Drive surrounding Marine Vie Mr. Robert F. Beardsley Director of Public Works City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 Attn: Mr. Doug Kato Dear Mr. Beardsley: Enclosed is your fully executed copy of Program Supplement Agreement No. 01316 Rev. 000 to Administering Agency- State Master Agreement No. 000181 . Sincerely, W&�, C4'6'f_L ILLIAM J. SANDOVAL,Acting Chief Office of Project Implementation Division of Local Assistance Enclosure c: DLA AE Project Files (12) DLAE -Alan Williams Council/Agency Meeting Held: Deferred/Continued to: dl"Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signat e Council Meeting Date: 11/7/2005 Department ID Number: PW 05-064 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOP iU—L—BkTH-GRAFT, CIIT I ISTRATOR REPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR OF UBLIC WORE SUBJECT: Adopt Resolution Authorizing State Funding for Transportation Construction Improvements Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: This resolution will authorize the Director of Public Works to execute a Program Supplement Agreement for a State funded project related to the Safe Routes to School grant program. Two projects have been authorized by the State to receive funding. FundingSource: Estimated project cost f 230 are budgeted in Caltrans Grants s p o� s o $ ,500 udg , Safe Routes to School, Traffic Improvements 87890001.82700. The approved grant amount is $206,910, and matching funds in the amount of$23,590 are budgeted as a transfer from the Gas Tax Fund in 20785201. 88205. The project is in the approved Fiscal Year 2005/2006 Capital Improvement Program. Recommended Action: Motion to: Adopt Resolution No.ADDS--�)\ A resolution of the City Council of the City of Huntington Beach authorizing the Director of Public Works to execute Program Supplement Nos. OB16 and OB17 for improvements in the vicinity of Marine View Middle School and Mesa View Middle School. Alternative Action(s): Deny adoption of the authorizing resolution and forfeit State project funding of approximately $206,910. cr) CC ca °L- Z C.; >- " La 13 REQUEST FOR ACTION MEETING DATE: 11/7/2005 DEPARTMENT ID NUMBER:PW 05-064 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. The Resolution will allow the Public Works Director to execute Program Supplement Nos. OB16 and OBI 7, which covers project costs for the construction of curb ramps, school signage, radar feedback signs, left turn signal phasing, and bicycle lane improvements. The projects are intended to enhance pedestrian and bicycle routes in the areas near Marine View and Mesa View Middle Schools. Public Works Commission Action: Not required. Environmental Status: Not applicable to this action. Attachment(s): City Clerk's Page Number No. Description 1. Resolution No.o1OO6-- 7-k with Master Agreement No. 000181 and Supplement Agreement Nos. 01316 and 0617 G:\R C A\2005\05-064 November 7 Kato(Resolution for Supplement Nos.0616&01317).doc -2- 10/24/2005 10:09 AM ATTACHMENT # 1 i a C' RESOLUTION NO. 2 0 0 5-7 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE PROGRAM SUPPLEMENT NOS. OB 16 AND OB 17 TO MASTER AGREEMENT NO. 000181 FOR IMPROVEMENTS IN THE VICINITY OF MARINE VIEW MIDDLE SCHOOL AND MESA VIEW MIDDLE SCHOOL. WHEREAS, on May 8, 2003, the State of California Department of Transportation and the City of Huntington Beach entered into Master Agreement No. 000181, attached hereto as Attachment A; and The City desires to approve Program Supplement Nos. OB 16 and OB 17 to the Master Agreement, for the purpose of street and traffic signal improvements near Marine View and Mesa View Middle Schools; and The estimated project costs are $85,400 for Program Supplement OB16 and$144,500 for Program Supplement 01317. 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. B016: $76,860; and Program Supplement No. B017: $130,050. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That,effective August 22, 2005,the Director of Public Works is authorized and directed to execute the necessary documents to implement Program Supplement Nos. OB 16 and OB 17 to Master Agreement No. 000181 for the Improvements in the vicinity of Marine View Middle School and Mesa View Middle School, CC-1244 and CC-1243. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of November 2005. Mayor pro Tem REVIEWED AND APPROVED: APPROVED AS TO FORM: ity Ad inistrator ity Attorney AND APPR ED: �a J Director of Public Works 05reso/Master agrmt 000181 41574a' AJ4' ,q0t0,r-;jLA MASTER AGREEMENT ADMQNISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS District 12 Agreement.No..-0001.81 City of Huntin&n Beach Adminstering Agency THIS AGREEMENT, made effective this eighth day of May, 2003 is by and between the City of Huntington Beach, hereinafter referred to as 'ADMINISTERING AGENCY,' and the State of California, acting by and through its Department of Transportation,hereinafter referred to as'STATE.' x WITNESSETH WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation facilities;and WHEREAS,ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from the STATE Transportation Improvement program(STEP),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'; andAt VAJEREAS,said PROJECT will not receive any federal funds;and SAS, STATE is willing to enter into an AGREEMENT with ADMINISTERING AGENCY to delineate those certain obligations placed upon ADMINISTERING AGENCY relative to the use of said State funding and the -prosecution of said PROJECT by ADMDOTERING AGENCY. NOW,THEREFORE,the parties agree as follows: ARTICLE I-PROJECT ADM[NISTRATION 1. This AGREEMENT shall have no force or effect with respect to any programmed project unless and until a PROTECT-specific -program supplement, :adopting all-of the terms.and conditions of this AGREEMENT, hereinafter referred to as "PROGRAM SUPPLEMENT," has been fully executed by the parties. 2. A Financial commitment of state funds will occur only-following the execution of this AGREEMENT together with the subsequent execution -of each applicable PROGRAM SUPPLEMENT. 3. ADMINISTERING 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 Vim",- I of 0 I/51Od conditions attached to or made a part of the PROGRAM SUPPLEMENT, identifying and defining the nature of that specific PROJECT. 4. The PROGRAM SUPPLEMENT shall designate the ADMMSTERING AGENCY responsible for implementing the various phases of the PROJECT, the`State funding program, and the matching funds to be provided by ADMINISTERING AGENCY- and/or -others. Adoption and execution of the PROGRAM SUPPLEMENT by ADMINISTERING 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 ADMINISTERING AGENCY to these terms and conditions when performing the PROJECT. Unless otherwise expressly delegated in a resolution by the ADMINISTERING AGENCY'S governing body and concurred in by STATE,the PROGRAM SUPPLEMENT shall be managed by the ADMINISTERING AGENCY's 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 AGREE IEN'I'. = 6. Unless otherwise provided in the PROGRAM SUPPLEMENT, the ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. I The estimated cost .and scope of PROJECT will be as described in the PROGRAM SUPPLEMENT and STATE funding participation is limited to he _amounts established by -STATE. A contract awarded by ADMINISTRATING AGENCY for an amount in.excess of said - approved estimate may exceed said PROGRAM SUPPLEMENT cost estimate provided (a) ADMINISTERING AGENCY provides the necessary additional funding or(b) a PROJECT cost increase in State funding is first requested by ADMINISTERING 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. 8. Subsequent to the inclusion of the PROJECT in a plan or program approved by STATE and the ADMINISTERING AGENCY entering into this AGREEMENT and the PROGRAM SUPPLEMENT, the ADMMTERING AGENCY may request and receive payment for eligible work as follows: (a) STATE will reimburse the STATE's share of eligible participating PROJECT costs monthly in arrears upon ADMINISTERING AGENCY's submittal of signed acceptable monthly progress pay invoices (in duplicate) for expenditures actually made by ADNEMTERING 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 ADMINISTERING AGENCY and any contractors and, where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY to determine how PROJECT is to be acquired, designed, or constructed and to establish ownership and future maintenance obligations. Page 2 of 9 1/5100 (c) State funds will not participate in any portion of PROJECT work performed in advance of either the effective date of the executed PROGRAM SUPPLEMENT for said PROJECT 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 ADMINISTERING AGENCY matching funds, must 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 PROJECT description contained in the PROGRAM SUPPLEMENT. 10. Invoices shall be submitted on ADNINISTERING AGENCY letterhead and shall reference (a) this AGREEMENT number, (b) the PROJECT title and number, (c) the progress billing number for the PROJECT, and (d),shall be formatted and costs reported in accordance with the current version of Chapter 5, "Accounting/Invoices," of the Local Assistance Procedures Manual published 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 SUPPLEMENT or a STATE approved encumbrance document encumbering those funds. When-additional-State fiords are not-available;the:ADMINISTERING.AGENCY_agrees that.the;.payment of State fundsv will be limited to the amounts already approved in the PROGRAM SUPPLEMENT and all STATE approved encumbrance documents and that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY 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. ADMINISTERING AGENCY shall ensure that work performed under this AGREEMENT is done in conformance with the rules and regulations embodying such requirements where 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 PROJECT work elements and produce monthly reports which clearly identify reimbursable costs, matching costs,and other expenditures by ADMINISTERING 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 ADN 41STERING AGENCY agrees to ' comply with the cost principles and procedures set forth in Office of Management and Budget Circular A-87. The ADMINISTERING 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 AGREEMENT. Page 3 of 9 1/5/00 16. After completion of all work under this AGREEMENT, and after all PROJECT costs are known, ADME41STERING 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 ADMINISTERING AGENCY's expense, may be done on an individual PROJECT basis, or PROJECT may be included.in the ADNEMTERING AGENCY's annual Single Audit If an individual.audit of PROJECT is done, the auditor must prepare a Final Audit Report. If ADMINISTERING 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 OMB Circular A-133. Compliance testing performed for this audit should determine whether the ADMINISTERING 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 ADMINISTERING AGENCY's accounting records 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 accordace'with these: regulations but claimed for reimbursement should: be identified-and set forth in the auditor's report. 17. The"State Report of Expenditures"must be completed by ADNUMISTERING 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". The Audit must be completed by the 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 has been completed and final costs are 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 ADMINISTERING AGENCY. 19. Should ADMINISTERING AGENCY fail to refund all moneys due STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT 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 amount equal to the PROJECT Page 4 of 9 1/5m amount paid by STATE from future apportionments or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other funds and/or may withhold approval of future ADMINISTERING 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 ADMINISTERING 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 1-19, from any or all, joint and several, of those constituent entities comprising the joint powers authority or by the bringing of an action against ADMINISTERING AGENCY and its constituent member entities to recover all funds provided by STATE hereunder. The ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMMTRING 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 AGREEMENT. 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 ADMINISTERING AGENCY or by STATE, as the parties may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into.an agreement with the railroad providing for future maintenance of protective devices:or other facilities installed or constructed under that contract. ARTICLE II-ENGINEERING 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, ADMINISTERING 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 ADMINISTERING 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 ADMINISTERING AGENCY. Page 5 of 9 1/5/00 4. Costs incurred by ADMINISTERING 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 M-RIGHT-OF-WAY 1. All related rights-of-way necessary for the construction of PROJECT shall be acquired by ADMINISTERING 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 ADMR41STERING AGENCY is not responsible and where the actual generator cannot be identified and recovery made. 3. Should ADMINISTERING AGENCY, in acquiring right-of-way for PROJECT, displace an individual,family,business,farm operation or nonprofit organization,the ADMINISTERING 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 accordance with then current STATE policies and procedures. ADMINISTERING AGENCY 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 PROJECT as-built plans. Page 6 of 9 1,5100 ARTICLE IV-MISCELLANEOUS PROVISIONS i. The cost of security, protection, or maintenance :performed by ADMINISTERING ' 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 or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, ADMINISTERING 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 ADMINISTERING AGENCY under this AGE. 4 3. Neither ADMINISTERING 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 or in connection with any work, authority, or jurisdiction delegated to STATE under this AGREEMENT. It-is.also-understood and agreed.that pursuant to Governmem `Code Section 895.4, .STATE :shell_ fully Idefend,. indemnify_ arid. hold ADMINISTERING -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 AGREEMENT. 4. Auditors. of state shall be given access to books and records of ADMUMTERING AGENCY and its consultants, contractors and subcontractors for the purpose of verifying PROJECT costs and STATE's share to be paid or credited to ADMIlVISTERING AGENCY for matching funds. ADMINISTERING 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. ADMINISTERING AGENCY will maintain and operate the PROJECT property acquired, developed, rehabilitated, or restored for its intended public use as proposed in those documents supplied by ADUM41STERING 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, ADMINISTERING 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 115100 6. Upon ADMINISTERING 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 ADhMSTERING AGENCY having jurisdiction .over the PROTECT.shall maintain; repair and restore any damaged. portions.of the completed work in a manner satisfactory to the authorized.representatives of STATE. If,within-r inety(90) days after receipt of notice from STATE that a PROJECT, or'any portion thereof, under ADMINISTERING AGENCYs 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 ADMINLSTERING AGENCY will be withheld until the PROTECT 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 6 above, includes not only the physical condition of the PROJECT but its continued operation as well. PROJECT shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as the PROJECT requires. Said maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under an agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. 8 .--Withoui the written consent of.STATE; :this AGREENffi VT :is not assignable by _ADMINISTERING 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. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article M X of the California State Constitution. ARTICLE V-CONDITION OF ACCEPTANCE ADMINISTERING 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 as PROCEDURES,applicable to PROJECT,unless otherwise designated in the approved PROGRAM SUPPLEMENT. Page 8 of 9 115/00 This AGREEMENT and any PROGRAM SUPPLEMENT(s) executed under this AGREEMENT 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 'Vs duties assumed under Sections 4, 5, 6 and 7 of Article 1V shall ADMIiVIS1ERING AGEN continue_forso long as PROJECT remains:operable. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA City of Huntington Beach Department of Transportation By By _- Office of Project Implementation (Authorized Representative) _ Division of Local Assistance r Page 9 of 9 llsto0 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 3 O Za 0 4 12004. r City Clerk REVIEWED AND APPROVED: APPROVED AS TO FORM: r Ci Administrator City Attorney P 707 � AND APPROVED: o& Director of Public Works ,� A8 tl 7b ,�O' Nv. a- PROGRAM SUPPLEMENT NO. B16 Date:September 02,2005 to Location:12-ORA-0-HNTB ADMINISTERING AGENCY-STATE AGREEMENT Project Number:SR2SL-5181(156) FOR STATE FUNDED PROJECTS NO. 000181 E.A. Number:12-931706 Locode:5181 This PROGRAM SUPPLEMENT,effective 49/A0 hereby incorporates into the Administering Agency-State Agreement No. 000181 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of r7/olV/© and is subject to all the terms and conditions thereof.This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforeipie tioned Master Agreement under authority of Resolution No. 200 S-92 approved by the ADMINISTERING AGENCY on ►l �/OS" (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: Along Graham Street,Glenstone Drive,Frans Lane,Apel Lane,and Tilburg Drive surrounding Marine View Middle School TYPE OF WORK:Handicap access ramps,school signage,and flashing beacon and radar feedba Estimated Cost State Funds Matching Funds STATE $76,860.00 LOCAL OTHER $85,400.00 $8,540.00 $0.00 $0.00 CITY OF HUNT ON BEACH STATE OF CALIFORNIA Department of Transp rtation By By Date /J � Chief, Office of Project Implementation Division of Local Assistance Date Title ,�!/Mdr+�`o�/� �c GJor-� J► /L � I hereby certify upon my sonal know edge that budgeted funds are available for this encumbrance: 4 , Accounting Officer � '� — Date _p $76,860.00 Chapter Statutes I Item Year Ivrogram BC Category Fund Source AMOUNT 208 2004 2660-102-042 2004-2005 20.30.010.535 C 262040 042-T 76,860.00 Program Supplement 00-0181-B16- SERIAL Page 1 of A 12-ORA-0-HNTB 09/02/2005 SR2SL-5181(156) 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 If 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. Program Supplement00-0181-B16- SERIAL Page 2 of 4 '12-ORA-0-IRM 09/02/2005 SR2SL-5181(156) SPECIAL COVENANTS OR REMARKS 8. The ADMINISTERING AGENCY agrees to submit the "Report of Expenditures" to the DI-A 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 . (CE A 4 ) Z. The ADMINISTERING AGENCY will reimburse the STATE for the ADMINISTERING AGENCY share of costs for work requested to be performed by the STATE. 3. Any State and Federal funds that may have been encumbered for this project are only available for disbursement for a period of five (5) years and seven (7) 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 Program Supplement 00-0181-B16- SERIAL Page 3 of 4 r • •'11-ORA-0-HNTB 09/02/2005 SR2SL-5181(156) SPECIAL COVENANTS OR REMARKS 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 00-0181-B16- SERIAL Page 4 of 4 7, PROGRAM SUPPLEMENT NO. B17 Date:September 06,2005 to Location:12-ORA-0-HNTB ADMINISTERING AGENCY-STATE AGREEMENT Project Number:SR2SL-5181(155) FOR STATE FUNDED PROJECTS NO. 000181 E.A. Number:12-931705 Locode:5181 This PROGRAM SUPPLEMENT,effective B/awW04 hereby incorporates into the Administering Agency-State Agreement No. 000181 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 07/20/04 and is subject to all the terms and conditions thereof.This PROGRAM SUPPLEMENT is executed in accordance with Article I of the afore egqtioned Master Agreement under authority of Resolution No. Z OQ f-72 approved by the ADMINISTERING AGENCY on 11/7/05 (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 Edwards Street and Slater Avenue and along neighboring streets surrounding Mesa View Middle School including Goldenwest Street TYPE OF WORK:Signal phasing,handicap access ramps,and bicycle lane and flashing beacon Estimated Cost State Funds Matching Funds STATE $130,050.00 LOCAL OTHER $144,500.00 $14,450.00 $0.00 $0.00 CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA Department of Transpo ation f C By By Date /�2'DQ$ Chief, Office of Project Implementation Division of Local Assistance Date Title d I hereby certify upon my personal knoov edge that budAsted funds are available for this cc encumbrance: �®Accounting Officer3"W � Date r $130,050.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT 208 2004 2660-102-042 2004-2005 20.30.010.535 C 262040 042-T 130,050.00 Program Supplement 00-0181-B17- SERIAL Page 1 of 4 1 2-ORA-0-HNTB 09/06/2005 SR2SL-5181(155) 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. Program Supplement 00-0181-B17- SERIAL Page 2 of 4 12-ORA-0-BNTB 09/06/2005 SR2SL-5181(155) SPECIAL COVENANTS OR REMARKS 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. 3. Any State and Federal funds that may have been encumbered for this project are only available for disbursement for a period of five (5) years and seven (7) 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 Program Supplement 00-0181-B17- SERIAL Page 3 of 4 x12-0RA-0-HNTB 09/06/2005 SR2SL-5181(155) SPECIAL COVENANTS OR REMARKS actually allocated and encumbered as authorized by the California Transportation Conanission 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 00-0181-B17- SERIAL Page 4 of 4 Res. No. 2005-72 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN 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 an regular meeting thereof held on the 7th of November, 2005 by the following vote: AYES: Hansen, Coerper, Sullivan, Green, Cook NOES: None ABSENT: Hardy, Bohr ABSTAIN: None Ci Clerk and ex-officiootlerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: ADOPT RESOLUTION AUTHORIZING FUNDING FOR TRANSPORTATION CONSTRUCTION IMPROVEMENTS COUNCIL MEETING DATE: November 7, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached El Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable ❑ (Signed in full by the City Attorne Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable Approved as to form by City Attorne Certificates of Insurance (Approved b the City Attorne Attached ❑ ( Pp Y Y Y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over$5,000) Not Applicable Attached ❑ Bonds (If applicable) Not Applicable Attached ❑ Staff Report (If applicable) Not A plicable Commission, Board or Committee Report If applicable) Attached ❑ p ( pp ) Not Applicable s/Conditions for Approval and/or Denial Attached ElFindin g pp Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR ARDEO Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Kato