HomeMy WebLinkAboutCA, STATE, TRANSPORTATION (2) - 2008
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LOCAL AGENCY - STATE AGREEMENT
For
BICYCLE TRANSPORTATION ACCOUNT PROJECT
12
District
City of Santa Ana
Local Agency
Agreement No. BTA 07/08-12-0RA-07
THIS AGREEMENT, made in duplicate entered into effect as of this 1st day of July
2007, by and between the political entity identified above, a political subdivision of the
State of California, hereinafter referred to as "LOCAL AGENCY", and the State of
California, acting by and through the Department of Transportation, hereinafter referred
to as "STATE" and together referred to as "PARTIES" or individually as a "PARTY".
WITNESSETH:
WHEREAS, under the provisions of Streets and Highways Code Section 21 06 (b) and
Sections 890 through 894.2, as implemented by regulations in Title 21, Division 2,
Chapter 10, of the California Code of Regulations, Bicycle Transportation Account funds
(herein referred to as STATE FUNDS) have been allocated to LOCAL AGENCY for the
Bicycle Transportation Account project defined in "EXHIBIT A" attached hereto and
hereafter referred to as "PROJECT"; and
Whereas, before STATE FUNDS will be made available for PROJECT, LOCAL
AGENCY and STATE are required to enter into an agreement to establish terms and
conditions applicable to the LOCAL AGENCY when receiving STATE FUNDS for a
designated PROJECT facility and to the subsequent operation and maintenance of that
completed facility.
NOW THEREFORE, the PARTIES agree as follows:
ARTICLE I - Project Administration
1. This AGREEMENT shall have no force or effect with respect to PROJECT unless
and until it has been fully executed by both STATE and LOCAL AGENCY,
2. EXHIBIT A designates the party responsible for implementing PROJECT, type of
work, and location of PROJECT.
3. LOCAL AGENCY agrees to execute and return AGREEMENT within ninety
(90) days of receipt. The PARTIES agree that STATE may void AGREEMENT if not
returned within the ninety (90) day period unless otherwise agreed by STATE in writing.
4. LOCAL AGENCY further agrees, as a condition to the release and payment of
STATE FUNDS encumbered for the PROJECT described in EXHIBIT A, to comply
with the terms and conditions of this AGREEMENT.
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ARTICLE II - Rights of Way
1. No contract for the construction of PROJECT shall be awarded until all necessary
rights of way have been secured. Prior to the advertising for construction of PROJECT,
LOCAL AGENCY shall certify and, upon request, shall furnish STATE with evidence
that all necessary rights of way are available for construction purposes or will be
available by the time of award of the construction contract.
2. The furnishing of right of way by LOCAL AGENCY as provided for herein
includes, and is limited to, the following:
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 LOCAL AGENCY.
b) The cost of furnishing of right of way as provided for herein includes, in
addition to real property required for the PROJECT, title free and clear of
obstructions and encumbrances affecting PROJECT and the payment, as required
by applicable law, of damages to owners or remainder real property not actually
taken but injuriously affected by PROJECT.
c) The cost of relocation payments and services provided to owners and occupants
pursuant to Government Code Sections 7260-7277 when PROJECT displaces an
individual, family, business, farm operation or nonprofit organization.
d) The cost of demolition and/or the sale of all improvements on the right of way
after credit are recorded for sale proceeds used to offset PROJECT costs.
e) The cost of 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 LOCAL AGENCY
accepts responsibility and where the actual generator cannot be identified and
recovery made.
3. LOCAL AGENCY agrees to indemnify and hold STATE harmless from any
liability that may result in the event the right of way for PROJECT, including, but not
limited to, being clear as certified, or if said right of way is found to contain hazardous
materials requiring treatment or removal to remediate in accordance with federal and
state laws. LOCAL AGENCY shall pay from its own non-matching funds, any costs
which arise out of delays to the construction of PROJECT because utility facilities have
not been timely removed or relocated, or because rights of way were not available to
LOCAL AGENCY for the orderly prosecution of PROJECT work.
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6. LOCAL AGENCY shall certify compliance or documentation of Categorical
Exemption determination with the applicable provisions of the California Environmental
Quality Act (CEQA) as defined in Title 14, California Code of Regulations, Chapter 3,
Guidelines for Implementation of the California Environmental Quality Act.
ARTICLE IV - Maintenance and Management
1. LOCAL AGENCY will maintain and operate the property acquired, developed,
constructed, rehabilitated, or restored by PROJECT for its intended public use until such
time as the parties might amend this AGREEMENT to otherwise provide. With the
approval of STATE, LOCAL AGENCY or its successors in interest in the PROJECT
property may transfer this obligation and responsibility to maintain and operate
PROJECT property for that intended public purpose to another public entity.
2. Upon LOCAL AGENCY acceptance of the completed construction contract, or
upon the contractor(s) being relieved of the responsibility for maintaining and protecting
PROJECT, LOCAL AGENCY will be responsible for the maintenance, ownership,
liability, and expense thereof for PROJECT in a manner satisfactory to the authorized
representative of STATE, and if PROJECT falls within the jurisdictional limits of another
Agency or Agencies, it is the duty of LOCAL AGENCY to facilitate a separate
maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies
providing for the operation, maintenance, ownership and liability of PROJECT. Until
those agreements are executed, LOCAL AGENCY will be responsible for all PROJECT
operations, maintenance, ownership and liability in a manner satisfactory to the
authorized representative of the STATE.
3. PROJECT and its facilities shall be maintained by an adequate and well-trained
staff of engineers and/or such other professionals and technicians, as PROJECT
reasonably requires. Said operations and maintenance staff may be employees of
LOCAL AGENCY, another unit of government, or contractor under agreement with
LOCAL AGENCY. All maintenance will be performed at regular intervals or as required
for efficient operation of the completed PROJECT improvements.
ARTICLE V - Fiscal Provisions
1. STATE'S financial commitment of STATE FUNDS will occur only upon the
execution of this AGREEMENT.
2. STATE shall have the right to terminate this AGREEMENT if a contract for
construction of PROJECT has not been awarded by LOCAL AGENCY within the first
fiscal year in which STATE FUNDS are allocated.
3. STATE shall have the right to terminate this AGREEMENT if PROJECT costs
have not been invoiced by LOCAL AGENCY within the first fiscal year in which
ST ATE FUNDS are allocated, and as a minimum, to submit invoices at least once every
six (6) months thereafter.
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13. STATE FUNDS encumbered for PROJECT are available for liquidation only for
three (3) years from the beginning of the State Fiscal Year in which the funds were
appropriated in the State Budget. STATE FUNDS not liquidated within this period will
be reverted unless a Cooperative Work Agreement (CW A) is submitted by LOCAL
AGENCY and approved by the California Department of Finance in accordance with
Government Code Section 16304.
14. The estimated costs of PROJECT are shown in EXHIBIT A. LOCAL AGENCY
may, at its option, award contracts for amounts in excess of said estimates, and final
project expenditures may exceed said estimates if sufficient local funds are available to
finance the excess. It is understood that the allocation of STATE FUNDS shall not
exceed that shown in EXHIBIT A.
15. In the event LOCAL AGENCY'S final costs of PROJECT are less than said
estimate by reason of low bid or otherwise, the allocation of ST ATE FUNDS will be
decreased in relationship to the percent funded by STATE as shown in EXHIBIT A.
16. Exhibit C defined as the "Certification of State Funding" template, shall be made
a part of, and completed by STATE, prior to execution of this agreement.
17. Upon written demand by STATE, any overpayment to LOCAL AGENCY of
amounts invoiced to STATE shall be returned to STATE.
ARTICLE VI - Audits, Third Party Contracting, Records Retention and Reports
1. STATE reserves the right to conduct technical and financial audits of PROJECT
work and records when determined to be necessary or appropriate and LOCAL
AGENCY agrees, and shall require its contractors and subcontractors to agree, to
cooperate with STATE by making all appropriate and relevant PROJECT records
available for audit and copying as required by paragraph three (3) of Article VI.
2. LOCAL AGENCY, its contractors and subcontractors shall establish and maintain
an accounting system and records that properly accumulate and segregate incurred
PROJECT costs and matching funds by line item for the PROJECT. The accounting
system of LOCAL AGENCY, its contractors and all subcontractors shall conform to
Generally Accepted Accounting Principles; enable the determination of incurred costs at
interim points of completion; and provide support for reimbursement payment vouchers
or invoices sent to or paid by STATE.
3. For the purpose of determining compliance with Title 21, California Code of
Regulations, Chapter 21, section 2500 et seq., when applicable, and other matters
connected with the performance and costs of LOCAL AGENCY'S contracts with third
parties pursuant to Government Code Section 8546.7, LOCAL AGENCY, LOCAL
AGENCY'S contractors and subcontractors, and STATE shall each maintain and make
available for inspection and audit all books, documents, papers, accounting records, and
other evidence pertaining to the performance of such contracts, including, but not limited
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5. LOCAL AGENCY and the officers and employees of LOCAL AGENCY, when
engaged in the performance of this AGREEMENT, shall act in an independent capacity
and not as officers, employees, or agents of STATE.
6. LOCAL AGENCY certifies that neither LOCAL AGENCY nor its principals are
suspended or debarred at the time of the execution of this AGREEMENT, and LOCAL
AGENCY agrees that it will notify STATE immediately in the event a suspension or a
debarment occurs after the execution of this AGREEMENT.
7. LOCAL AGENCY warrants, by execution of this AGREEMENT, that no person
or selling agency has been employed or retained to solicit or secure this AGREEMENT
upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or
selling agencies maintained by LOCAL AGENCY for the purpose of securing business.
For breach or violation of this warranty, STATE has the right to annul this
AGREEMENT without liability, pay only for the value ofthe PROJECT work actually
performed, or in STATE'S discretion, to deduct from the price of PROJECT, or
otherwise recover, the full amount of such commission, percentage, brokerage, or
contingent fee.
8. In accordance with Public Contract Code, section 10296, LOCAL AGENCY
hereby certifies under penalty of perjury that no more than one final unacceptable finding
of contempt of court by a federal court has been issued against LOCAL AGENCY within
the immediate preceding two (2) year period because of LOCAL AGENCY'S failure to
comply with an order of a federal court that orders LOCAL AGENCY to comply with an
order of the National Labor Relations Board.
9. LOCAL AGENCY shall disclose any financial, business or other relationship
with STATE that may have an impact upon the outcome of this AGREEMENT. LOCAL
AGENCY shall also list current contractors who may have a financial interest in the
outcome of PROJECT undertaken pursuant to this AGREEMENT.
10. LOCAL AGENCY hereby certifies that it does not now have nor shall it acquire
any financial or business interest that would conflict with the performance of PROJECT
initiated under this AGREEMENT.
11. LOCAL AGENCY warrants that this AGREEMENT was not obtained or secured
through rebates, kickbacks, or other unlawful consideration either promised or paid to
any STATE employee. For breach or violation of this warranty, STATE shall have the
right, in its sole discretion; to terminate this AGREEMENT without liability; to pay only
for PROJECT work actually performed; or to deduct from PROJECT price or otherwise
recover the full amount of such rebate, kickback, or other unlawful consideration.
12. Any dispute concerning a question of fact arising under this AGREEMENT that is
not disposed of by agreement shall be decided by the STATE'S Contract Officer, who
may consider any written or verbal evidence submitted by LOCAL AGENCY. The
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LOCAL AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI,
STATE shall pay LOCAL AGENCY the sum due LOCAL AGENCY under this
AGREEMNT prior to termination, provided; however, LOCAL AGENCY is not in
default of the terms and conditions of this AGREEMENT and that the cost of any
PROJECT completion to STATE shall first be deducted from any sum due LOCAL
AGENCY.
19. The "PROJECT" shall be constructed as provided in this AGREEMENT and in
accordance with those laws applicable to LOCAL AGENCY. In the case of
inconsistency or conflicts, the terms of this agreement shall prevail.
20. Without the written consent of STATE, this AGREEMENT is not assignable by
LOCAL AGENCY either in whole or in part.
21. No alteration or variation of the terms of this AGREEMENT shall be valid unless
made in writing and signed by the PARTIES, and no oral understanding or agreement not
incorporated herein shall be binding on any of the PARTIES.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly
authorized officers.
KEN McGUIRE, Chief
Bicycle Facilities Unit
Division of Local Assistance
LOCAL AGENCY
City of Santa Ana '~ ~
By:~~1~
Name: Gerardo Mouet
STATE OF CALIFORNIA
Department of Transportation
By: ~ /ft'i!;;C~
,
Title: Executive Director - Parks & Rec.
Date:
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Date:
1/7/08
CITY OF SANTA ANA
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DAV~ {,
City Manager
ATTEST:
~~-
City Clerk
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EXHIBIT A
PROJECT DESCRIPTION AND COSTS
Local Agency: I Agreement No.
City of Santa Ana BTA 07/08-12-0RA-07
Project Location:
Along an Orange County Flood Control District facility parallel to South Flower Street from
Sunflower Avenue to West Alton Avenue.
Type of Work:
Construct a Class I bikeway.
Length: 1.0 miles
Funding Engineering! Right of Way Construction Total Cost Percent
Source Desig:n Acquisition Contract
BTA $20,000 $0 $980,000 $1,000,000 89.93%
Local $112,000 $0 $0 $112,000 10.07%
Other $0 $0 $0 $0
Total $132,000 $0 $980,000 $1,112,000 100.00%
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. .
EXHIBIT B
FAIR EMPLOYMENT AND HOUSING ACT ADDENDUM
1. In the performance of this AGREEMENT, LOCAL AGENCY will not
discriminate against any employee for employment because of race, sex, sexual
orientation, religion, age, ancestry, national origin, pregnancy leave, or disability leave.
LOCAL AGENCY will take affirmative action to ensure that employees are treated
during employment, without regard to their race, sex, sexual orientation, color, religion,
ancestry, or national origin, physical disability, medical or disability leave. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of payor
other forms of compensation; and selection for training, including apprenticeship.
LOCAL AGENCY shall post in conspicuous places, available to employees for
employment, notices to be provided ST ATE setting forth the provisions of this Fair
Employment section.
2. LOCAL AGENCY, its contractor(s) and all subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (Gov. Code 9 1290-0 et seq.), and
the applicable regulations promulgated thereunder (Cal. Code Regs. Title 2, 97285.0, et
seq.) The applicable regulations ofthe Fair Employment and Housing Commission
Implementing Government Code, section 12900(a-f), set forth in Chapter 5 of Division 4
of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT
by reference and made a part hereof as if set forth in full. Each of the LOCAL
AGENCY'S contractors and all subcontractors shall give written notice of their
obligations under this clause to labor organizations with which they have a collective
bargaining or other agreements, as appropriate.
3. LOCAL AGENCY shall include the nondiscrimination and compliance
provisions of this clause in all contracts and subcontracts to perform work under this
AGREEMENT.
4. The Contractor will permit access to the records of employment, employment
advertisements, application forms, and other pertinent data and records by STATE, the
State Fair Employment and Housing Commission, or any other agency of the State of
California designated by STATE, for purposes of investigation to ascertain compliance
with the Fair Employment section of this AGREEMENT.
5. Remedies for Willful Violations:
(a) STATE may determine a willful violation of the Fair Employment provision
to have occurred upon receipt of a final judgment to that effect from a court in an
action to which LOCAL AGENCY was a party, or upon receipt of a written
notice from the Fair Employment and Housing Commission that it has
investigated and determined that LOCAL AGENCY has violated the Fair
Employment Practices Act and has issued an order under Labor Code, section
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EXHIBIT C
I hereby certify upon my own knowledge that budgeted funds are available for this encumbrance.
Date Funding
/.2 -//-t.?/ $/ o ()(? C'[')(.,). c)i)
/
!-- Fund
Item Fiscal Year Program BC Category Source BTAFunds
2660-101-0045 2007/2008 2030010660 C 220000 T $1,000,000
Chapter Statues
171 2007
1
CONSENT CALENDAR
Motion:
1. AGMT NO. 2008-062 - With Curbside Inc. in an amount not to
exceed $40,000 - Public Works Agency.
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 08-095 - Accepting $40,000 in
grant funds from the County of Orange into the refuse collection fund
and appropriating $40,000 to the refuse collection fund's account for
other contractual services.
25.F. AGMT NO. 2008-063 - VETERINARY SERVICES FOR THE SANTA ANA
ZOO AT PRENTICE PARK - Execute an amendment with Dr. Lorrie
Boldrick in the amount of $68,000 for a one-year term - Parks, Recreation
& Community Services Agency
'25.G. AGREEMENT AND APPROPRIATION ADJUSTMENT FOR THE
FLOWER STREET BIKE TRAIL EXTENSION PROJECT
Gerardo Mouet, Executive Director of Park and Recreation, gave a
presentation related to the award of $1,000,000 to the City of Santa Ana
for the bike trail extension project.
Motion:
1. AGMT NO. 2008-064 - With the State of California Department of
Transportation in the amount of $1,000,000 - Parks, Recreation &
Community Services Agency
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 08-106 Recognizing
$1,000,000 in the Caltrans - Bicycle Transportation Account (BTA)
revenue account and appropriate same in the Caltrans - Bicycle
Transportation Account (BT A) expenditure account for the Flower
Street Bike Trail Extension Project.
MOTION: Sarmiento
VOTE: AYES:
SECOND: Alvarez
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES:
ABSTAIN:
ABSENT:
None (0)
None (0)
None (0)
CITY COUNCIL MINUTES
92
APRIL 7, 2008