HomeMy WebLinkAboutCity Council - 2001-9 RESOLUTION NO. 200I-9
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE
PROGRAM SUPPLEMENT NO. M011 TO
AGREEMENT NO. 12-5181 FOR THE
SOUTH BEACH PHASE I CONSTRUCTION IMPROVEMENTS
WHEREAS, on June 16, 1997, the City entered into an agreement with the State of
California for the Federal Aid Program, identified as Agreement No. 12-5181; and
Program Supplement No. M011 to the above mentioned Master Agreement requires
beachfront bikeway and pedestrian construction improvements; and
The total estimated cost of construction is $5,317,572; and
From the total estimated cost, $500,000 will be appropriated from Federal and State
funds as shown on Attachment A hereto,
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. M011 to Master Agreement No. 12-5181 for
the South Beach Phase 1 Improvements.
Mayor
ATTEST: APPROVED AS TO FORM:
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City Clerk 6'i'D e-f-City Attorney
REVIEWED AND APPROVED: ED�A^ND AP ROVED:
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CityOAdministratoy Director of Public Works
4/s:4-200t Resolutions:South Beach Supp.
RiS 2001-0053
1/25/01
Res. No. 2001-9
Res. No. 2001-9
PROGRAM SUPPLEMENT NO. M011 Date:December 06,2000
to Location:12-0RA-0-11IVTB
ADMINISTERING AGENCY-STATE AGREEMENT Project NUmber:STPLER-5181(128)
FOR FEDERAL-AID PROJECTS NO. 12-5181 E.A. Number:12-402134
This Program Supplement is hereby incorporated into the Agency-State Agreement for Federal Aid which was entered into between
the Agency and the State on 06/29197 and is subject to all the terms and conditions thereof.This Program Supplement is adopted in
accordance with Article 1 of the aforementioned Master Agreement under authority of Resolution No.
approved by the Agency on (See copy attached).
The 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 LOCATION:
Beachfront Bikeway and Pedestrian Enhancements -Phase I
TYPE OF WORK: Public Beach.Facilities LENGTH: O(MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[ ]Preliminary Engineering [ ]Right-Of-Way [X]Construction
[ ] Construction Engineering
Estimated Cost Federal Funds Matching Funds
BTB $500,000.00 LOCAL OTHER
$500,000.00 $0.00 $0.00 $0.00
CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA
Department of Transportation
By By
Chief, Office of Local Programs
Date Project Implementation
Attest
Date
Title
I hereby certify upon my personal knowledge th
at budgeted funds are available for this encumbrance:
Accounting Offic l 1 • CJ
$500,000.00
Chapter Statutes Item Year Program EC Category Fund Source AMOUNT
52 2000 2660-101-890 2000-20 1 0.30.010.8 C 262042 892-F 500,000.00
program supplement 12-5181-M011- ISTEA Page 1 of 3
Res. No. 2001-9
12-0RA-0-HNTS 12/06/2000
STPLER-5181(128)
SPECIAL COVENANTS OR REMARKS
1. The Local Agency agrees that payment of Federal funds will be
limited to the amounts approved by the Federal Highway
Administration in the Federal-Aid Project Authorization/Agreement
or Amendment/Modification (E-76) and accepts any increases in
Local Agency Funds as shown on the Finance or Baal letter or its
modification as prepared by the Office of Local Programs Project
Implementation.
2 . The Local Agency will reimburse the State for their share of
costs for work requested to be performed by the State.
3 . The Local Agency will advertise, award and administer this
project in accordance with the current Local Assistance
Procedures Manual .
4 . All maintenance, involving the physical condition and the
operation of the improvements, referred to in Article III
MAINTENANCE of the aforementioned Master Agreement will be the
responsibility of the Local Agency and shall be performed at
regular intervals or as required for efficient operation of the
completed improvements .
5 . TRANSPORTATION ENHANCEMENT 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
Program Supplement 12-5181-MO11- ISTEA Page 2 of 3
Res. No. 2001-9
12-ORA-0-HNTB 12/06/2000
STPLER-5181(12 8)
SPECIAL COVENANTS OR REMARKS
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.
5 . 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.
B . 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 .
6 . The ADMINISTERING AGENCY is required to have an audit in
accordance with the Single Audit Act and OMB A-133 , if it
receives $300, 000 or more in federal funds in a single fiscal
year. The federal funds received under this project are a part
of the Catalogue of Federal Domestic Assistance (CFDA) 20 .205,
Highway Planning and Research. OMB A-133 superseded OMB A-128 in
1996 . Reference to OMB A-128 in Master Agreement (if any) is
superseded by this covenant.
Program Supplementl2-5181-M011- ISTBA Page 3 of 3
Res. No. 2001-9
STATE OF CALIFORNIA j
COUNTY OF ORANGE j ss:
CITY OF HUNTINGTON BEACH )
1, CONNIE BROCKWAY, 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 a regular meeting thereof held on the 19th
day of March, 2001 by the following vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff,
Bauer
NOES: None
ABSENT: None
ABSTAIN, None
City Clerk and ex-officio 7erkofthe
City Council of the City of
Huntington Beach, California