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Home My WebLink AboutCity Council - 96-90 RESOLUTION NO. 96-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE PROGRAM SUPPLEMENT NO, 042 TO AGREEMENT 12-5181 FOR THE BEACH BOULEVARD 1-405 INTERCHANGE WHEREAS, on February 6, 1978, the City of Huntington Beach entered into an agreement with the State of California for the Federal Aid Program, identified as Agreement No. 12-5181; and Program Supplement No. 042 to the above mentioned Master Agreement requires that as a condition to payment of funds obligated to this project, the local agency accepts and will comply with the covenants or remarks set forth in the Program Supplement Agreement Number 042, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that the Mayor and City Clerk are authorized and directed to execute the necessary documents to implement Program Supplement No. 042 to Master Agreement 12-5181 for the Beach Boulevard 1-405 interchange. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of October , 1996. Mayor ATTEST: APPROVED AS TO FORM: City Clerk AV -4-j Qd�� ity Attorney REVIE APPROVED: -A. 96 �Is� INITI ND PROVED: City Administrator , Director Pub c orks jmpWsupp0421915196 • ,.. Date : June 18 , 1996 � PROGRAM SUPPLEMENT NO. 042 Location: 12 -ORA- 0-HNT to Project Number: STPLE-5181 ( 022 ) LOCAL AGENCY-STATE AGREEMENT I E.A. Number: 12-401734 FOR FEDERAL-AID PROJECTS NO. 12- 5181 This Program Supplement is hereby incorporated into the Local Agency-State Agreement for Federal Aid which was entered into between the Local Agency and the State on 02/06/78 and is subject to all the terms and conditions thereof . This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. approved by the Local Agency on (See copy attached) . The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages . PROJECT TERMINI : IN THE CITY OF HUNTINGTON BEACH ON BEACH BLVD (RTE 39) @ I-405 INTERCHANGE . TYPE OF WORK: LANDSCAPE IMPROVEMENTS LENGTH: 0 . 3 (MILES) PROJECT CLASSIFICATION OR PRASE (S) OF WORK [ ] Preliminary Engineering [ ) Right-of-Way [ ) [X] Construction Engineering [X] Construction Estimated Cost Federal Funds 1 Matching Funds Local OTHER OTHER $ 333221 338 $ 255000 $ 3E221 $ 0 $ 0 $ 0 City of Huntington Beach STATE OF CALIFORNSA Department of Transportation 3y _ By _ a- awe sujliaa, Chief , Office of Local Programs Project Implementation Date /' It- Date Attest Title �� (C 1 hereby Certify upon my personal knowledge that budgeted funds are available for this cacumbrante: Accounting OffiC419!� Date j ' l $ 295000 . 00 C'.apteri 5ta,utes I Item YeaK I program 1BC1 Fund Source I AwoUA7 303 1995 2660-101-890 95-96 20.30.010.825 C 262040 892-F 295000.00 �L10 14EX of 3 Page 1 s. 1 2-ORA- 0-HNT DATE,: 06/18/96 STPLE-5181 (022) SPECIAL COVENANTS OR REMARKS 1 . All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency and/or the respective agencies as determined by agreement at regular intervals or as required for efficient operation of the completed improvements . 2 . The Local Agency will advertise, award and administer this project in accordance with the current Local Program Procedures or the new Local Programs Manual , when issued. 3 . The Local Agency will furnish a qualified Resident Engineer for the contract . 4 . The Local Agency will reimburse the State for their share of costs for work requested to be performed by the State . 5 . The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal-Aid Project Agreement (PR-2) /Detail Estimate, or its modification (PR-2A) or the FNM-76 , and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs . 6 . TRANSPORTATION ENH.XLNCEMENT ACTIVITIES (TEA) SPECIAL COVENANTS : 1 . The Legislature of the State of California has enacted legislation by which certain Federal funds may be allocated to ADMINISTERING AGENCY by the California Transportation Commission (CTC) after being recommended for funding by the Regional Transportation. Planning Agency (RTPA) and approved by the Federal Highway Administration (FHWA) for the enhancement project submitted by ADMINISTERING AGENCY as described in the Transportation Enhancement Activities (TEA) Application Form; and as such the Transportation Enhancement Activities (TEA) Application submitted by ADMINISTERING AGENCY and all assurances contained therein are made an express part of this AGREEMENT . Should any conflict exist between the application and the AGREEMENT, the AGREEMENT shall prevail . 2 . PROJECT shall be completed as provided in this AGREEMENT. 3 . The PROJECT, or projects must be included in a Federally-approved Statewide Transportation Improvement Program (FSTIP) . 4 . Federal funds may participate only in work which has been officially programmed to and authorized by FHWA in advance of its performance . Page 2 of 3 12-ORA-0-HNT DATE : 06/18/96 o STPLE-5181 (022) . SPECIAL COVENANTS OR REMARKS S . This AGREEMENT is valid and enforceable only if sufficient funds are made available to the STATE by the United States Government and the California State Legislature for the purpose of this program. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this AGREEMENT in any manner. 6 . It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program this AGREEMENT shall be amended to reflect any reduction in funds . 7 . STATE has the option to void the AGREEMENT upon 30-days written notice to ADMINISTERING AGENCY or to amend the AGREEMENT to reflect any reduction of funds . 8 . PROJECT downscoping and/or phasing will require another approval by both the appropriate RTPA/MPO and the CTC. No additional funds will be made available by the CTC for cost overruns . ADMINISTERING AGENCY will be required to downscope, split PROJECT into phases or provide additional matching funds to cover cost overruns . 7 . The Federal funds for this project will be. made available upon the passage of the Budget Act of 1996/97 . 8 . In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal-Aid program. 9 . Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the callowabillty of cost payments for each individual consul- tant or sub-contractor incurring over $25, 000 on the project . The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49 , part 18 , Subpart C - 22 ,' Allowable Costs . Page 3 of 3 WESTMINSTER AVE w w ri cn 42 0 co � ¢ r w '`,p � W � 0 0 cn 03 BOLSA �� AVE MCFADDEN AVE 1-405 OFF RAMP r CENTER PROJEC T L QCA NON c� r I sO S EDINGER AVE Li 3; 0 0 w Q _ 0 0 c Lij c� u vi m z HEIL AVE CC828 LOCATION PAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS c.\ACAaticc828\828vna.Dwc Res. No. 96-90 STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCWAY, the duly elected, qualified City CIerk 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 a regular meeting thereof held on the 7th of October, 1996 by the following vote: AYES: Councilmembers: Harman, Leipzig, Bauer, Sullivan, Dettloff, Garofalo, Green NOES: Councilmembers: None ABSENT: Councilmembers: None ea0g;l City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California r G/rewtutVrc9bkpg