HomeMy WebLinkAboutCity Council - 2004-52 RESOLUTION NO. 2004-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE MASTER
AGREEMENT NO. 000181 AND PROGRAM SUPPLEMENT NO. 936 TO AGREEMENT
NO. 000181 FOR PALM AND ADAMS AVENUES FROM 14TH STREET TO 17TI-I STREET
AND 14TH AND 17TH STREETS FROM PALM AVENUE TO ADAMS AVENUE
EFFECTIVE JUNE 30, 2004
WHEREAS, on May 8, 2003, the State of California Department of Transportation made
effective an agreement with the City of Huntington Beach, identified as Attachment A hereto:
Agreement 000181; and
Program Supplement No. 936 to the above mentioned Master Agreement requires street
and traffic signal improvements; and
The estimated project cost for the agreement is $264,000. From the estimated project
cost, the following dollar amount will be appropriated from State funds to the project as shown
on Attachment B hereto: Program Supplement No. 936: $237,600.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach that the Director of Public Works is authorized and directed to execute the necessary
documents to implement Program Supplement No. 936 to Master Agreement No. 000181 for
PALM and ADAMS AVENUES from 14' STREET to 17TH STREET and 14TH and 17'
STREETS from PALM AVENUE to ADAMS AVENUE, CC-1210 effective June 30, 2004.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6th day of July , 2004.
APPROVED AS TO FORM:
ty Clerk ty Atto y ,
J L V
REVIEWED AND APPROVED: ITIA D AND OVED: ll '
ity Admi istrator Director of Public Works
FILENAME:GATransportation Division%KAT0112101RESOLUTIO,N.doc
Resolution No. 2004-52
MASTER AGREEMENT Attachment A
ADMINISTERING AGENCY- STATE AGREEMENT
FOR
STATE FUNDED PROJECTS
District 12
Agreement No. 000181
City of Huntington Beach
Adminstering Agency
THIS AGREEMENT, made effective this eighth day of May, 2003 is by and between the
City of Huntington Beach, 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 Load 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 respect to any programmed 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
Page 1 of 9 115100
Resolution No. 2004-52
Attachment A
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 snatching 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 ADM NISTERING
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 ADMIl,IISTERING 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 in 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.
Page 2 of 9 115/00
Resolution No. 2004-52
Attachment A
(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
PROTECT 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 PROTECT 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
PROTECT work elements and produce monthly reports which clearly identify reimbursable costs,
matching costs, and other expenditures by ADIVIIIVISTERI NG 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.
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Resolution No. 2004-52
Attachment A
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 ADNEMSTERING 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 ADMMSTERING
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 auditors report.
17. The"State Report of Expenditures" must be completed by ADMINISTERING AGENCY
within one hundred eighty (180) days of PROTECT 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 AGREEN[ENT 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
Page 4 of 9 115100
Resolution No. 2004-52
Attachment A
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 a joint 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 I-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 ADM NISTRING 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, ADMIlVISTFRING AGENCY's
employees or its subcontractor engineering consultant shall be responsible for all PROJECT
engineering work. When construction engineering is performed by STATE, charges by STATE
invoiced to ADMINISTERING AGENCY she 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 ADNMSTERING AGENCY.
Page 5 of 9 1/5roo
Resolution No. 2004-52
Attachment A
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 veal property required for PROTECT 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 ADNIINISTERING 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 7260-7277.
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 STATES
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 STATES 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.
Page 6 of 9 il5roo
Resolution No. 2004-52
Attachment A
ARTICLE IV -MISCELLANEOUS PROVISIONS
I. 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 $95.4, ADME14BTERING AGENCY shall fully defend.,
indemnify 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 ADM[NISTERING 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 shall fully defend,, indemnify 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 shall 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 PROTECT 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, ADM USTERING
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.
Page 7 of 9 115/00
Resolution No. 2004-52
Attachment A
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
ADMIlNISTERING AGENCY's jurisdiction is not being properly operated, maintained, repaired
or restored and ADM 441STERING 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 of law.
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 ADMIMSTERING 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 PROTECT 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 AGE 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 XlX 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 PROTECT, unless otherwise designated
in the approved PROGRAM SUPPLEMENT.
Page 8 of 9 115100
Resolution No. 2004-52
Attachment A
This AGREEMENT and any PROGRAM SUPPLEMENT(s) executed under this
AGREEMENT shall terminate upon sixty (64) 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 City of Huntington Beach
Department of Transportation
By By
Office of Project Implementation (Authorized Representative)
Division of Local Assistance
Date Date '� Dv
Page 9 of 9 1l5100
Resolution No. 2004-52
Attachment A
IN WITNESS WHEREOF,the City of Huntington Beach has executed the aforesaid
MASTER AGREEMENT ADMINISTERING AGENCY - STATE AGREEMENT FOR
STATE FUNDED PROJECTS (AGREEMENT NO. 000181) by and through its authorized
officers on June- 30 c,,.Z0 6 4 , 2004.
r
City Clerk
REVIEWED AND APPROVED: APPROVED AS TO FORM:
Ci Administrator City Attorney
AND APPROVED:
Director of Public Works
Resolution No. 2004-52/Attachment B
PROGM" gpPVr.umM NO. 936 vats s April 06,2004
to Vacation:12_0RA4)-FRM
�AMU l43STZRXW ICY'-STATE ACREOW" Project I+h Mbsr:SR=e518l(140)
T= STATR Ft7ZXD PROJECTS NO. 000181 S.A. Number:l2-931595
Lccode:5181
This PROGRAM SUPPLEMENT,effective.5/L3/Q!�kreby incorporates into the Administering Agency-State Agreement No.
000181 for State Funded Pmjrcts which was entered into between the ADMINISTERING AGENCY and the STATE with an
effective date of 9/S/03and is subioct to all the terms add conditions thereof.This PROGRAM SUPPLEMENT is executed in
accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. 3DoV-v5Zapproved by the
ADMBaSTFdMG AGENCY on 7—b-Otl (See copy attached).
The ADMUCSTERM AGENCY ftttther stipulates that as a condition to the payment by the State of any funds derived from
sous noted below encumbered to this projsct,it accepts and will comply with the Special Covenants and Remarks set forth on the
following pages.
ppMJZM LOCATIOii:
Palm and Adams Avenues from Loth Street to 17th Street and 14th and 17th Streets from Palm Avenue to Adams Avenue
TYPE OF %=W:New signals,curb ramps,and sidewalk
zatimar.ed Cost State ]Minds Katchinm ]'made
STATE $237,600.00 LOCAV o'1'SaR
$264,000.00 $26,400.00 $0.00 $0.00
CITY OF�7 SEACZ STATE OF CALXYDRNZ L 7
Department of Transporttatioa
r
— � my d chief, Office Office of Project ementatic
Date Division of Local Assistance
`- Date
Title �rec_ or- ` :jb1�� (.i�..k�
I borOw certar upon *W parsoaa1 bwwleve tbA funds are available for this ewsabranaes
Accounting Officer eobaQ Date 1' —Q(o 0� $2.37,f00.00
chapter natutas A& trWras I W cat epasy geed 6eaxw mom
106 2001 2660-101-042 2MI-2002 20-30.010.535 C 262040 042-T 237,600.00
Program Suppleamat 00-0181-936- reTiT_ Pape I of 3
__ -- Cori No, 2M4-52/Attar ent B
12-O A-D-IMS 04106n'4
SR2SL-51 S 1(140)
SPECIAL COVENANTS OR REMARKS
1. The ADN=STPMN€3 AGENCY will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
2. 1. This Program Supplement Agreement (PSA) is intended for Safe
Route to School (SR2S) Program funded with State-only funding.
Separate agreements are needed if PROJECT is also funded with any
other STATE administered State or Federal funds.
2. The PROJECT will be administered in accordance with the SR28
Program Guidelines (LPP 02-01 effective March 11, 2002), as
approved and amended, and the PROJECT Application.
3. This PSA allows reimbursement of eligible PROJECT expenditures
to the ADIUNZSTERING AGENCY for which State funds are allocated.
The effective State allocation date establishes eligibility for
the ADUMSTERING AGENCY to start reimbursable work and seek
reimbursement of funds. Any wozk done prior to the effective
allocation date is not eligible for reimbursemmant from the SR28
funds.
4. The STATE and A==$TERTNG AGENCY agree that SR29 funds
available for reimbursement to the ADKINISTERIM AQZ Y by the
r
STATE will be limited to the amount allocated and encmwmbered by
the STATE. Any additional funds made available by future
allocations will be enaummbered on this PROJECT by use of a STATE
appxaved Allocation Letter and Finance Letter.
5. The 7lMNISTERING AGMMY agrees to submit to the. STATE,
Exhibit 24-D ■Protect Status Report" as required by the SR2S
Program Guidelines.
6. The ADH=ST3RXNQ AGENCY agrees to_ encumber the funds ender
agreement and award the construction contract by June 30th of the
fiscal year in which funds are programmwd. For projects unable to
meet this deadline, the AANINISTERING AGENCY may request, in
writing, a time extension from the District Local Assistance
Bnaineer (DLAE) . One tine extension, for a maxirmimm period of one
.year, =any be granted by the DLAE. Projects unable to meet .the
new deadline will be dropped from the program.
ftogram SUW1sm Wt 00-013 .-936- MMXAL Page 2 of 3
ltes`otlon% 2404-52/Attachment B
12.ORA-OJEM
SR2SL-5181(140)
SPECIAL COVZHANTS OR RELARKS
7. The AWINISTERING AGENCY agrees to provide contract award
information to the STATE when subaitting first invroice for this
PROJECT. Attachment I of this VSA may be used for providing the
necessary contract award information.
S. When the total amount Of State funds enCumbszed by this PSA
does not exceed $300,000, the AMINIST=nn AGRl@CY may choose to
receive. a lump sum payment of the state funds upon submittal of
the award information to the STATE.
9. The A=aNJST&RING AGENCY agrees to submit the "Report of
Expenditures" to the DLRA within six (6) months after the project
completion in accordance with Section 17.5 of the Local
Assistance Procedures *Kama (LAM) .
10. The AMMSTERING AGENCY agrees to follow all relevant State
lams and requirements including the California Environmental
Quality Act (CEQA) .
Program Supplement 00-0181-936- SZRZILL Page 3 of 3
Resolution No. 2004-52/Attachment B
IN WITNESS WHEREOF, the City of Huntington Beach has executed the aforesaid
PROGRAM SUPPLEMENT NO. 936 TO ADMINISTERING AGENCY - STATE
AGREEMENT FOR STATE FUNDED PROJECTS NO. 000181 by and through its authorized
officers on _J u ri e 30 Zoo�L , 2004.
May
City Clerk
REVIEWED AND APPROVED: APPROVED AS TO FORM:
Cit Administrator 4 'City Attorney
ED AND APPROVED:
Director of Public Works
Res. No. 2004-52
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly appointed, 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 an regular meeting thereof held on the 6th day of July,
2004 by the following vote:
AYES: Sullivan, Coerper Hardy, Green, Boardman, Cook
NOES: None
ABSENT: Houchen
ABSTAIN: None
Ci lerk and ex-officio erk of the
City Council of the City of
Huntington Beach, California