HomeMy WebLinkAbout2022-04-19; City Council; Resolution 2022-088RESOLUTION NO. 2022-088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT
AGREEMENT NO. Z92 WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM
FUNDS FOR THE CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENTS
PROJECT
EXHIBIT 2
WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary and
in the public interest to authorize execution of the Program Supplement Agreement No. Z92 with the
California Department of Transportation, or Caltrans, for the Highway Safety Improvement Program,
or HSIP, to receive funds in the amount of $591,600 for the Carlsbad Boulevard Pedestrian
Improvements Project, Capital Improvement Program, or CIP, Project No. 6097, or Project; and
WHEREAS, the Project proposes to enhance pedestrian safety at six existing uncontrolled
crosswalks along Carlsbad Boulevard at Oak Avenue, Sycamore Avenue, Maple Avenue, Cherry Avenue,
Hemlock Avenue and at Army/Navy Academy, between Mountain View Drive and Cypress Avenue; and
WHEREAS, in October 2020, staff submitted applications to Caltrans for the HSIP funds in the
amount of $591,600 for construction of the Project; and
WHEREAS, on March 30, 2021, Caltrans selected the Project for the HSIP funds; and
WHEREAS, the city is required to execute Caltrans Program Supplement Agreement No. Z92 to
Administering Agency-State Agreement for State-Funded Projects No. 11-5308S21; and
WHEREAS, the supplement to the Master Agreement is the project-specific agreement that
formalizes the financial responsibilities and provisions for this specific state-funded Project; and
WHEREAS, Carlsbad Municipal Code Section 3.28.040(D)(3) requires the City Council to approve
Program Supplement Agreement No. Z92; and
WHEREAS, with the executed Program Supplement Agreement No. Z92 with Caltrans, the city
would be able to submit funding reimbursement requests to Caltrans for Project construction
payments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Manager or designee is hereby authorized to execute the Program
Supplement Agreement No. Z92 to the Administering Agency-State Agreement for
State-Funded Projects Agreement No . 11-5308S21 between the California Department
of Transportation and the City of Carlsbad, which is attached hereto as Attachment A.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 19th day of April, 2022, by the following vote, to wit:
AYES:
NAYS :
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta.
None.
Norby.
MATT1d!!
~ t" FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
PROGRAM SUPPLEMENT NO. 000000Z92
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR STATE FUNDED PROJECTS NO 11-5308S21
Adv. Project ID
1122000109
ATTACHMENT A
Date: March 15, 2022
Location: 11-SD-0-CBD
Project Number: HSIPSL-5308(024)
E.A. Number:
Locode: 5308
This Program Supplement, effective , hereby adopts and incorporates into the Administering Agency-State
Agreement No. 11-5308S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY
and the STATE with an effective date of and is subject to all the terms and conditions thereof. This PROGRAM
SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of
Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).
The ADMINISTERING AGENCY further stipu lates that as a condition to the payment by the State of any funds derived
from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special
Covenants and remarks set forth on the following pages.
PROJECT LOCATION: Carlsbad Boulevard between Hemlock Ave and Mountain View Dr
TYPE OF WORK:
Estimated Cost
By
Title
Date
Attest
$631,716.0
Pedestrian and Bike Path
State Funds
$591,600.00
LENGTH: 0.0(MILES)
Matching Funds
LOCAL OTHER
$40,116.00
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
$0.00
Accounting Officer Date 311 s,2022 $591 ,600.00
1. A. This PROJECT has received STATE funds from Highway Safety Improvement Program
(HSIP). The ADM INISTERING AGENCY agrees to administer the PROJECT in
Program Supplement 11--530-292-SERIAL Page 1 of 3
April 19, 2022 Item #2 Page 24 of 26
SPECIAL COVENANTS OR REMARKS
11-SD-0-CBD
HSIPSL-5308(024)
accordance with the Highway Safety Improvement Program (HSIP) Guidelines, the Local
Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG),
and this PROGRAM SUPPLEMENT.
B. The STATE funds for this PROJECT may be provided under one or more phases, which
are Preliminary Engineering (PE), Right-of-Way (R/W) and Construction (Con).
A phase-specific fund allocation is required, in addition to other requirements, before
reimbursable work can occur for the phase identified. Each allocation will be assigned an
effective date and identify the amount of funds allocated per phase. Unless otherwise
determined, the effective date of the phase-specific allocation will constitute the start of
reimbursable expenditures for the phase. The STATE funds available for reimbursement will
be limited to the amount allocated by the STATE for the phase.
C. At the time of the first fund allocation approval for the Project, this PROGRAM
SUPPLEMENT, a STATE-approved Allocation Letter and STATE Finance Letter are prepared
to allow reimbursement of eligible PROJECT expenditures for the phase allocated.
D. STATE and ADMINISTERING AGENCY agree that any additional fund allocations made
after the execution of this PROGRAM SUPPLEMENT, for the phase that has been authorized
in the first fund allocation approval or for a new phase, will be encumbered on this PROJECT
by use of a STATE-approved Allocation Letter and a STATE Finance Letter and are subject to
the terms and conditions thereof.
E. This PROJECT is subject to the delivery requirements enacted by the HSIP guidelines. The
delivery requirements may be accessed at: https://dot.ca.gov/programs/local-assistance/fed-
and-state-programs/highway-safety-improvement-program/delivery-requirements-status-
approved-projects.
F. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer immediately after project contract award and prior to the submittal
of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so
will cause a delay in the State processing of invoices for the construction phase.
G. The ADMINISTERING AGENCY shall invoice STATE for PE, R/W and CON costs no later
than 180 days after the end of expenditure the phase. For construction costs, the
ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to
make the final payment to the contractor, prepare the final Report of Expenditures and final
invoice, and submit to STATE for verification and payment.
2Page of 3Program Supplement 11--530-Z92- SERIALApril 19, 2022 Item #2 Page 25 of 26
SPECIAL COVENANTS OR REMARKS
11-SD-0-CBD
HSIPSL-5308(024)
H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures"
within 180 days of PROJECT completion will result in STATE imposing sanctions upon
ADMINISTERING AGENCY in accordance with the current LAPM provisions.
I. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards (applicable to Federal and State Funded Projects).
J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to
provide the STATE, upon request, with the information related to the PROJECT for the
purpose of project evaluation or other purposes.
K. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the
scope of work presented in the application and approved by the State. Any changes to the
approved PROJECT scope without the prior expressed approval of the State are ineligible for
reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.
3Page of 3Program Supplement 11--530-Z92- SERIALApril 19, 2022 Item #2 Page 26 of 26