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HomeMy WebLinkAbout15-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Development Services Dept. Subject: Resolution authorizing execution of a Master Agreement Administering Agency - State Agreement for State Funded Projects - and authorizing the City Administrator to execute Program Supplemental Agreements with the State. From: James Funk, Director Date: January 12,2006 MCC Date: January 23, 2006 Synopsis of Previous Council Action: Recommended Motion: Adopt Resolution. Y~u.~tJf James unk Contact person: Jan Wages, Admin Analyst II Phone: 5122 Supporting data attached: Staff Report, Reso, Agreement Ward(s): All FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) Acct. Description: Council Notes: R?~ . ':),DfJb-d)-1 Finance: Agenda Item No. J5 'I~ JOlt> _, , ,m.", __m o o o ~ , -- - ,- - ..~- r-- ~:-<fI';Y- - ~~---- - -L,~~ ~uw__~_....- -<~":-""r2~':2f~~':i??~1!"~ CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Master Agreement Administering Agency - State Agreement for State Funded Projects between the City of San Bernardino and the State of California, and authorizing the City Administrator to execute all Program Supplemental Agreements to the Master Agreement with the California Department of Transportation. Background: At the Council meeting of May 5,1997, Resolution No. 97-114 was adopted, which authorized execution of a Local Agency - State Agreement for Federal-Aid Projects. That Agreement set forth the conditions under which Federal-Aid funds are apportioned to local agencies and expended on street and highway improvement projects. On November 5, 2001, Council adopted Resolution No. 2001-331, authorizing the City Administrator or his designee to execute all Program Supplements to Master Agreement for Federal-Aid Projects (No. 97-114). The Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation facilities. The City has applied to the California Transportation Commission (CTC) and/or State for funding from the State Transportation Improvement Program (STIP), or other programs for use on local transportation facilities as local administered projects. Once the City receives approval for a project to receive State funding, the City must agree with and execute a Program Supplemental Agreement for each phase of the project in order to receive funds. The Development Services Department has actively pursued State and Federal funds for transportation projects within the City. The City Council reviews all projects through the CIP and budget process. If any major changes to projects occur, Staff brings the projects back to the Council for direction and approval. The Master Agreement has no force or effect with respect to any project unless and until the Program Supplement to the Agreement has been executed. Each project Agreement designates the State and City responsibilities for implementing the various phases of the project. The attached Resolution authorizes the Mayor to execute the MasterAgreement, which covers the general requirements of all State projects relative to the prosecution of projects and the maintenance of completed facilities. The Resolution also authorizes the City Administrator to execute all Program Supplements to Master Agreement Administering Agency - State Agreement for State Funded Projects. This signature authority will expedite the approval process for State' project funding, as it has with the funding for Federal-Aid projects. Since the effective date in the Agreement is September 1, 2005, the resolution ratifies any action taken between that date and the date that the Agreement is fully signed and executed by all parties. Financial Impact: None Recommendation: Adopt Resolution. _!!""!,W,~~,:" ",";,,~""-~'~'-'-, r' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ",~___~c", '_c'_", __ __"~;-=_ ___'-7- ~,_~ H ~'---~- RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MASTER AGREEMENT ADMINISTERING AGENCY - STATE AGREEMENT FOR STATE FUNDED PROJECTS - BETWEEN THE CITY OF SAN BERNARDINO AND THE STATE OF CALIFORNIA, AND AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE PROGRAM, SUPPLEMENTAL AGREEMENTS TO THE MASTER AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION. Whereas, the City of San Bernardino is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation; and Whereas, Program Supplemental Agreements need to be executed with the California Department of Transportation before such funds could be claimed; and Whereas, the City wishes to delegate authorization to execute these agreements and any amendments thereto to the City Administrator. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common Council of the City of San Bernardino as follows: Section I: That the Mayor of the City of San Bernardino is hereby authorized to execute, on behalf of said City, Master Agreement Administering Agency - State Agreement for State Funded Projects, between said City and the State of California, acting by and through its Department of Transportation, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length; and Section 2: That the City Administrator of the City of San Bernardino is authorized to execute all Program Supplemental Agreements to the Master Agreement with the California' Department of Transportation; and Section 3. by all parties; and That the Agreement shall not take effect until fully signed and executed Section 4: That the effective date statedin the Agreement is the first day of September, 2005; therefore any action taken between September 1,2005, and the date that the Agreement is fully signed and executed by all parties is hereby ratified; and Section 5: That the authorization to execute the above referenced Agreement is rescinded if the parties to the agreement fail to execute it within one hundred twenty (120) days of the passage of this resolution. III III Ylo. I~' /h:~/M ""!!l'}:,':~~":':::::~:'O~, ~ ,',' <""""""'11'1"' ~,<" <Cu, "I~"~""'"''''''~''''''''''''''''''' '",',_.",~,'~ _,,,,0>",," W """," T ",", ',"'",,-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MASTER AGREEMENT ADMINISTERING AGENCY - STATE AGREEMENT FOR STATE FUNDED PROJECTS - BETWEEN THE CITY OF SAN BERNARDINO AND THE STATE OF CALIFORNIA, AND AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE PROGRAM SUPPLEMENTAL AGREEMENTS TO THE MASTER AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on , 2006, by the following vote, to wit: the _ day of ABSTAIN ABSENT Council Members: AYES NAYS ESTRADA LONGVILLE MC GINNIS DERRY KELLEY JOHNSON MCCAMMACK Rachel Clark, City Clerk ,2006. The foregoing resolution is hereby approved this day of Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By, ."#.4Y~_~ -~' ,"""~''',,'', """"""'"j'nr''' 'Tl~~~-~'~I~"' '" "",,""-T~~~~""''''r '---~'~-""'____'""",'w"""""'_, '-w MASTER AGREEMENT ADMINISTERING AGENCY - STATE AGREEMENT FOR STATE FUNDED PROJECTS Exhibit "A" District 08 Ag\"eement No. 000033 City of San Bernardino Adminstering Agency THIS AGREEMENT, made effective this first day of September, 2005, is by and between the City of San Bernardino, hereinafter referred to as 'ADMINISTERING AGENCY,' and the State of California, acting by and through its Department of Transportation, hereinafter referred to as 'STATE.' 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 (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 WHEREAS, said PROJECT will not receive any federal funds; and WHEREAS, 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 ADMINISTERING AGENCY. NOW, THEREFORE, the parties agree as follows: ARTICLE I - PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respectJs>any progranuned project unless and until a PROJECT -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 ~''''~~~~FC''"~CC''~~r''_._. _. ~,c._.c~.n' - ._~- ..- .... .._-~.- 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 ADMINISTERING 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 AGREEMENT. 6. Unless otherwise provided in the PROGRAM SUPPLEMENT, the ADMINISTERING AGENCY shall advertise, award, and administer 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 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 ADMINISTERING 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 iil arrears upon ADMINISTERING AGENCY's submittal of signed acceptable monthly progress pay invoices (in duplicate) for expenditures actually made by ADMINISTERING 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. Dn~n '1 _t'n '""\j _ """,.."-,,,,",,"" ~~ "~,, "" U~ '.'PP"~""_. " "'P.- "'r~' - -~_...p. -'p- P~~"..--_._~~-"--p' ~ ~ "'P'"_,,,=., (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 ADMINISTERING 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. 12. When additional State funds are not available, the ADMINISTERING AGENCY agrees that the payment of State funds 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 ADMINISTERING 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. """"i:{'''f''''~~.''C~''''' ... . ,- .,. ." 16. After completion of all work under this AGREEMENT, and after all PROJECT costs are known, ADMINISTERING 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 ADMINISTERING 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 accordance 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 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". 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 P"op .i "fa 1/5/00 """""'~I"<C'~-""1 ""'~----"''''~''''''-v'''~' -' - ~"~.~'.. '~"~'---" ' ,,~, -""..-,-,,-~,~' ~ '"-~~~'''',"",-, ~,'''' - 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 ajoint 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 ADMINISTRlNG 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 shaH 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 of9 1/'i/OO _"'~'""",,""'''C'">' ~'''' ~. ." ._ "-''',"~-'~'. .,' ~"""..~ . "'0' .. "'-""-,'." p . ""'~'P_- 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 III - 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 ADMINISTERING 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 7260-72rr 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. ,,- ~1IU7.~r- .., ~- -"--~~~'~'. ,~,,~.,""~ ARTICLE IV - MISCELLANEOUS PROVISIONS 1. 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, indenmify 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 AGREEMENT. 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 Government Code Section 895.4, STATE shaH fuHy defend, indenmify and 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 shaH be given access to books and records of ADMINISTERING AGENCY and its consultants, contractors and subcontractors for the purPose of verifying PROJECT costs and STATE's share to be paid or credited to ADMINISTERING 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 ADMINISTERING 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. P"op 7 "f Q 1/5/00 "'''lIfi1liirr"'c ,.' """". """',. ",'COC" ~--~ ,-- - .n -, , .. - ..- _..T.~.__....,,~"~.."F.'~~,W.-...,". , 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 ADMINISTERING AGENCY having jurisdiction over the PROJECT shall maintain, repair and restore any damaged portions of the completed work in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, under ADMINISTERING 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 ADMINISTERING 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 oflaw. 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. Without the written consent of STATE, this AGREEMENT 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 XIX 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. __.. ~..~-_.~_..,,,..."..,,,,.w..,, ,. ....N.... ,.""..,..~ 1l''NlI!''\I" . - """."".' .' " , ......~..~- This AGREEMENT and any PROGRAM SUPPLEMENT(s) executed under this AGREEMENT shall tenninate upon sixty (60) days' prior written notice by STATE except that obligations relative to the respective parties indemnification shall not expire and the ADMINISTERING AGENCY'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 City of San Bernardino By (Authorized Representative) By .Office of Project Implementation Division of Local Assistance Date Date APPROVED AS TO FORM AND LEGAL CONTENT. James F. Penman, CIty Aftorney rty:.//~&'<- ...... _ _ ~ f'\ ~ L:''' tll:Jnn ., - . ~, '. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Mtt""g D." (D.. A,,""~' ] (1), vb Vote: Ayes Nays Change to motion to amend original documents 0 Sf' Igl ob Item # ~ Resolution # :JtJDb ,.J., ( Abstain Companion Resolutions Absent NulIIVoid After: 1')0 days I Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 .POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: Date of Mayor's Signature: Date ofClerklCDC Signature: Reso. Log Updated: ~ Seal Impressed: ~~ Reso. # on StaffRepOlt 0" Date MemolLetter Sent for Signature: J / '), / () b Date Returned: 5 - 3- D& I" Reminder Letter Sent: 2nd Reminder Letter Sent: Not Returned: 0 .....-------.. Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584, 10585, 12634): Updated CDC Pcrsonnel Folders (5557): Updated Traffic Folders (3985,8234,655,92-389): Yes Yes Yes Yes Yes No~y ~_ NO_7 By__ No_ By_ No / ~y. --:7 _~ ~ No_ By__ Copies Distributed to: Animal Control 0 EDA 0 Information Services 0 City Administrator 0 Facilities 0 Parks & Recreation 0 City Attorney ~ Finance 0 Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 Development Services if (j) Human Resources 0 Water Department 0 Others: --- iM~#: c~ ~'1!b 0U/nut ' ~ 5~' . ~ e fV). 1'; -to SW1. ( m/~ . ~ J;F) Ready to File: W Date: 1)-1.{- D0 Revised 12/18/03 '. OFFICE OF THE CITY CLERK RACHEL G. CLARK, CM.C. - CITY CLERK 300 North "0" Street. San Bernardino' CA92418-0001 909.384.5002' Fax: 909.384.5158 www.sbcity.org ,. February 2, 2006 Ms. Cookie McWilliam California Department of Transportation Division of Local Assistance P.O. Box 942874, MS #1 Sacramento, CA94274-0001 Dear Ms. McWilliam: At the Mayor and Common Council meeting of January 23, 2006, the City of San Bernardino adopted Resolution No. 2006-21 - Resolution authorizing the execution of a Master Agreement Administering Agency - State Agreement for State Funded Projects - between the City of San Bernardino and the State of California. and authorizing the City Administrator to execute Program Supplemental Agreements to the master agreement with the California Department of Transportation. Enclosed are one (I) original agreement and four (4) duplicate original agreements to be executed. Please sign in the appropriate locations and return the original agreement and one (I) duplicate original agreement to the City Clerk's Office, Attn: Eileen Gomez, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please keep three (3) fully executed duplicate original agreements for your records. Please be advised that the resolution and agreement will be null and void if not executed within one hundred twenty (120) days or by Thursday, May 18, 2006. If you have any questions, please do not hesitate to contact me at (909)384-5002. s;""re(Y,cflu~ H ~~ fr Eileen Gomez Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty Gomez Ei From: Sent: To: Subject: Wages_Ja Thursday, February 02, 2006 8:59 AM Gomez_Ei Address for State Contracts... Just heard back from Cookie at Caltrans. Here is the correct address to send the contracts for execution: Ms. Cookie McWilliam ~I/A - 1,,53-8530 California Department of TranSportalfon Division of Local Assistance P. O. Box 942874, MS# 1 Sacramento, CA 94274-0001 Thanks, Ms. Eileen! Jan 1 STATE OF CALIFORNIA. BUSINESS,TRANSPORTATION AND HOUSING AGENCY Arnold Schwarzenegger, Governor DEPARTMENT OF TRANSPORTATION Oivision of local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TOO (916) 654-4014 (916) 654-3151 Fax (916) 653.7621 R~C:T,TD-CIT'( I~L[:"/ ~. I l v !\i 20a6 M.!iY ,,3 Fil 2: 33 February 8, 2006 oornF~~~;:6~~ Mr. Michael W. Grubbs Engineering Manager City of San Bernardino 300 North "D" Street San Bernardino, CA 92418-0001 CITY O~ SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT Altn: Ms. Eileen Gomez Dear Mr. Grubbs: Q'" . ~ .. "' . . File: 08-SBO-0-SBO SR2Sl-5033(034) Intersection of 18th Street and "E" Street Enclosed are your fully executed copies of Administering Agency-State Master Agreement No. 000033 and Program Supplement Agreement No. OB29 Rev. 000 S~c1~ J, DENIX ANBIAH, Chief ~- ~ Office of Project Implementation Division of local Assistance Enclosure c: DLA AE Project Files (08) DlAE - Nader Naguib OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "0" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.sbcity.org ,. May 4, 2006 Ms. Cookie McWilliams California Department of Transportation Division of Local Assistance P.O. Box 942874,MS #1 Sacramento, CA 94274-0001 Dear Ms. McWilliams: Please find enclosed one duplicate original executed copy of the agreement attached to Resolution No. 2006-21, authorizing the master agreement for State funded projects between the City of San Bernardino and the State of California. If you have any questions, please do not hesitate to call Dodie Otterbein, Records Management Coordinator at (909) 384-5002. Sincerely, ~h.Cl,~ Racfiel G. Clark . City Clerk Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: May 4, 2006 TO: Mike Grubbs, Engineering Manager/Field Engineer Development Services Department Rachel Clark, CitYCI~ Duplicate Signed Agreement FROM: RE: Please find enclosed one duplicate original executed copy of the agreement attached to Resolution No. 2006-21, authorizing the master agreement for State funded projects between the City of San Bernardino and the State of California If you have any questions, please call Dodie Otterbein at ex!. 3215. . CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: May 4, 2006 TO: Jan Wages, Administrative Analyst II City Manager's OffiC~ ~ L Jt-, Rachel Clark, City Ct:K# ~ Duplicate Signed Agreement FROM: RE: Please find enclosed one duplicate original executed copy of the agreement attached to Resolution No. 2006-21, authorizing the master agreement for State funded projects between the City of San Bernardino and the State of California If you have any questions, please call Dodie Otterbein at ex!. 3215.