HomeMy WebLinkAboutCity Council - 2005-72 Y
RESOLUTION NO. 2005-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE PROGRAM
SUPPLEMENT NOS. OBI AND OB17 TO MASTER AGREEMENT NO. 000181
FOR IMPROVEMENTS IN THE VICINITY OF MARINE VIEW MIDDLE SCHOOL
AND MESA VIEW MIDDLE SCHOOL.
WHEREAS, on May 8, 2003,the State of California Department of Transportation and
the City of Huntington Beach entered into Master Agreement No. 000181, attached hereto as
Attachment A; and
The City desires to approve Program Supplement Nos. OB16 and OB17 to the Master
Agreement, for the purpose of street and traffic signal improvements near Marine View and
Mesa View Middle Schools; and
The estimated project costs are $85,400 for Program Supplement OB16 and $144,500 for
Program Supplement 01317. 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. B016: $76,860; and Program Supplement No. B017: $130,050.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. That, effective August 22, 2005, the Director of Public Works is authorized and
directed to execute the necessary documents to implement Program Supplement Nos. OB 16 and
OB 17 to Master Agreement No. 000181 for the Improvements in the vicinity of Marine View
Middle School and Mesa View Middle School, CC-1244 and CC-1243.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7th day of November 2005.
Mayor pro Tem
REVIEWED AND APPROVED: APPROVED AS TO FORM:
Pity Ad inistrator ity Attome
AND APPR ED:
Director--of Public Works
05reso/Master agrmt 000181
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MASTER AGREEMENT
ADMINISTERING AGENCY- STATE AGREEMENT
FOR
STATE FUNDED PROJECTS
District 12
Agreement.No._-0001.81
City of HuntignSton Beach',
Adnunstering 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.'
WTTNESSETH
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 Local Assistance Program Guidelines for
use on local transportation facilities.as local administered PROJECT(s),hereinafter referred to as
"PROJECT`; and
said PROJECT will not receive any federal funds;and
WHEREAS, STATE is willing to enter into an AGREEMENT with ADM NISTERING
AGENCY to delineate those certain obligations placed upon ADMRgISTERING 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 terns of this AGREEMENT and all of the agreed-upon Special Covenants and
Daad- 1 of U 115100
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 matching 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 ADN UNWIERING 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 NJSTERING
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 Jimited to the amounts established by
STATE. A contract awarded by ADNEMTRATING AGENCY for an amount in.excess of said.
approved estimate may exceed said PROGRAM SUPS 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 ADMINISTERING 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 ADMUMTERING 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
ADMU41STERING AGENCY and any contractors and, where appropriate, an executed
cooperative agreement between STATE and AD1yIirTISTERING AGENCY to determine how
PROJECT is to be acquired, designed, or constructed and to establish ownership and future
maintenance obligations.
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(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
PROJECT 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 PROJECT costs, including all _required
ADMINISTERING AGENCY matching fiords, 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 Ietterhead 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 prograrrimed 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-fiords are not-available, the:ADIy1INISTERING AGENCY.agrees
that.the__ of State fundsv will be: limited to the. amounts.ah-eady approved in thee
PROGRAM SUPPLEMENT and all STATE approved encumbrance documents and that any
increases in PROJECI7 costs must be with ADM INIST R ING AGENCY fun ds.
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
PROJECT work elements and produce monthly reports which clearly identify reimbursable costs,
matching costs,and other expenditures by ADMINISTERING 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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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 ADMINISTERING 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 ADMINISTERING
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 auditor's report.
17. The"State Report of Expenditures"must be completed by ADMINISTERING AGENCY
within one hundred eighty(180)days of PROJECT 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 AGREEMENT 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
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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 ADMINISTRING 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
ADM MSTERING 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
PROTECT 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, ADMINISTERING AGENCY's
employees or its subcontractor engineering consultant shall be responsible for all PROTECT
engineering work. When construction engineering is performed by STATE, charges by STATE
invoiced to ADMINISTERING AGENCY shall 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 ADMINISTERING AGENCY.
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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 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 b ADMII<tISTERING
P >?e� Y Po
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 ADNIIMSTERING AGENCY, in acquiring right-of-way for PROJECT, displace
an individual, family,business,farm operation or nonprofit organization;the AD G
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 STATE's
right-of-way,such work shall only be performed in accordance with then current STATE policies
and procedures. ADNUMTERING AGENCY shall require any utility company performing
relocation work in the STATE's 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.
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ARTICLE IV-MISCELLANEOUS PROVISIONS
L. 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 895.4, ADMINISTERING 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 ADMINISTERING AGENCY under or in connection with any work,
authority,or jurisdiction delegated to ADMINISTERING AGENCY under this AGREENIENi'.
3. Neither ADNUNISTBRING 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 SATE _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 PROJECT 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, ADIVIINISTERING
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.
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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
ADMINISTERING AGENCY's jurisdiction is not being properly operated, maintained,repaired
or restored and ADMINISTERING 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
other professionals and technicians as the PROJECT requires. Said maintenance staff ina
such oth p req Y
be employees of ADMINISTERING 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 PROJECT improvements.
8 : Without the written consent of.STATE; Ibis: AGREEII N'T -is not assignable by
_ADMINISTERING AGENCY,either'in'whole or in part.
9. No alteration or variation of the terms of this AGREEMENT 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. ADNIMTERING AGENCY agrees to use all PROJECT funds reunbursed hereunder
only for transportation purposes that are in conformance with Article XIX 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 PROJECT, unless otherwise designated
in the approved PROGRAM SUPPLEMENT.
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This AGREEMENT and any PROGRAM SUPPLLEMEENT(s) executed under this
AGREEMENT shall terminate upon sixty (60) 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. d. By _
CkI6 of Project Implementation (Authorized Representative) _
Division of Local Assistance
. . Date ate ��
Page 9 of 9 U5roo
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 J v n e- 3 a Z:D O 2004.
r
City Clerk
REVIEWED AND,,APPROVED: APPROVED AS TO FORM:
r
Ci Administrator City Attorney
AND APPROVED:
Director of Public Works
„a , ,�, so . No• a�os- 94--
PROGRAM SUPPLEMENT NO. B17 Date:September 06,2005
to Location:12-ORA-0-HNTB
ADKINISTERING AGENCY-STATE AGREEMENT Project Number:SR2SL-5181(155)
FOR STATE FENDED PROJECTS NO. 000181 E.A. Number:12-931705
Locode:5181
This PROGRAM SUPPLEMENT,effective &Ulo3 hereby incorporates into the Administering Agency-State Agreement No.
D00181 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an
effective date of 07/20/04 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 stipulates that as a condition to the payment by the State of any funds derived from .
sources noted below encumbered to this project,it accepts and will comply with the Special Covenants and Remarks set forth on the
Following pages.
PROJECT LOCATION:
Intersection of Edwards Street and Slater Avenue and along neighboring streets surrounding Mesa View Middle School including
Goldenwest Street
TYPE OF WORK:Signal phasing,handicap access ramps,and bicycle lade and flashing beacon
Estimated Cost State Funds Matching Funds
STATE $130,050.00 LOCAL OTHER
$144,500.00 $14,450.00 $0.00 $0.00
CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA
Department of Transportation
By rl ePz� - By
Date // ZOOS Chief, Office of Project Implementation
Division of Local Assistance
Titles �f1�LJf`C7r, b�• '�"'�G v-p Date
I hereby certify upon ersonal )ledge that dgeted funds are available for this encumbrance:
- r
Accounting Officer �CL / Date _ $130,050.00
Chapter Statutes Item Year Program Bc category Fund source mm=T
208 2004 2660-102-042 2004-2005 20.30.010.535 C 262040 042-T 130,050.00
Program Supplement 00-0181-B17- SERIAL Page 1 of 4
.2-0RA-0-BNTB 09/06/2005
;R2SL-5181(155)
SPECIAL COVENANTS OR REMARKS
1. 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 SR2S
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 ADMINISTERING AGENCY for which State funds
are allocated. The effective State allocation date establishes
eligibility for the ADMINISTERING AGENCY to start reimbursable
work and seek reimbursement of funds. Any work done prior to the
effective allocation date is not eligible for reimbursement from
the SR2S funds.
4. The STATE and ADMINISTERING AGENCY agree that SR2S funds
available for reimbursement to the ADMINISTERING AGENCY by the
STATE will be limited to the amount allocated and encumbered by
the STATE. Any additional funds made available by future
allocations will be encumbered on this PROJECT by use of a STATE
approved Allocation Letter and Finance Letter.
S. The ADMINISTERING AGENCY agrees to submit to the STATE,
Exhibit 24-B "Project Status Report" as required by the SR2S
Program Guidelines.
6. The ADMINISTERING AGENCY agrees to encumber the funds under
agreement and award the construction contract by June 30th of the
fiscal year in which funds are programmed. For projects unable to
meet this deadline, the ADMINISTERING AGENCY may request, in
writing, a time extension from the District Local Assistance
Engineer (DLAE) . A one-time extension, for a maximum period of
one year, may be granted by the DLAE. Projects unable to meet
the new deadline may be dropped from the program.
7. The ADMINISTERING AGENCY agrees to provide contract award
information to the STATE when submitting first invoice for this
PROJECT. Attachment I of this PSA may be used for providing the
necessary contract award information.
Program Supplement 00-0181-B17- SERIAL Page 2 of 4
12-ORA-0-BNTB 09/0612005
SR2SL-5181(155)
SPECIAL COVENANTS OR REMARKS
8. The ADMINISTERING AGENCY agrees to submit the "Report of
Expenditures" to the DLAE within six (6) months after the project
completion in accordance with Section 17.5 of the Local
Assistance Procedures Manual (LAPM) .
9. The ADMINISTERING AGENCY agrees to follow all relevant State
laws and requirements including the California Environmental
Quality Act (CEQA) .
2. The ADMINISTERING AGENCY will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
3. Any State and Federal funds that may have been encumbered for
this project are only available for disbursement for a period of
five (5) years and seven (7) years, respectively, from the start
of the fiscal year(s) that those funds were appropriated within
the State Budget Act. All project funds not liquidated within
these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested and is approved by
the California Department of Finance per Government Code Section
16304. The exact date of each fund reversion will be reflected
in the approved finance letter(s) issued for this project.
Notwithstanding the unliquidated sums of project specific State
and Federal funding remaining and available to fund project work,
any invoice for reimbursement that is not submitted to the
Department on or before 60 days after that applicable fixed fund
reversion date will not be paid from that fiscal year's
encumbered funds because all of these unexpended funds will be
irrevocably reverted by the Department's Division of Accounting
on that date.
Pursuant to a directive from the State Controller's Office and
the Department of Finance, the last date to submit invoices for
reimbursed work in each fiscal year is May 15th in order for
payment to be made out of those then current appropriations.
Project work performed and invoiced after May 15th will be
reimbursed only out of available funding that might be encumbered
in the subsequent fiscal year, and then only when those funds are
Program Supplenent00-0181-B17- SERIAL Page 3 of 4
12-ORA-0-HNTB 09/06/2005
SR2SL-5181(155)
SPECIAL COVENANTS OR REMARKS
actually allocated and encumbered as authorized by the California
Transportation Commission and the Department's Accounting Office.
4. All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature and
the encumbrance of funds under this Agreement. Funding and
reimbursement are available only upon the passage of the State
Budget Act containing these STATE funds.
Program Supplement 00-0181-B17- SERIAL Page 4 of 4
1J7/ WMc-xJ 7- ",d o 'v
7?&*0. Nv. ,-7p0s-3J-
PROGRAM SUPPLEMENT NO. B16 Date:September 02,2005
to Location:l2-ORA-0-HNTB
ADMINISTERING AGENCY-STATE AGREEMENT Project Number:SR2SL-5181(156)
FOR STATE FUNDED PROJECTS NO. 000181 E.A. Number:12-931706
Locode:5181
This PROGRAM SUPPLEMENT,effective 19/AI'4 hereby incorporates into the Administering Agency-State Agreement No.
000181 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an
effective date of'I/oV/t9 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 stipulates that as a condition to the payment by the State of any funds derived from
sources noted below encumbered to this project,it accepts and will comply with the Special Covenants and Remarks set forth on the
following pages.
PROJECT LOCATION:
Along Graham Street,Glenstone Drive,Frans Lane,Apel Lane,and Tilburg Drive surrounding Marine View Middle School
TYPE OF WORK:Handicap access ramps,school signage,and flashing beacon and radar feedba
Estimated Cost State Funds Matching Funds
STATE $76,860.00 LOCAL OTHER
$85,400.00 $8,540.00 $0.00 $0.00
CITY OF HUNT BEACH STATE OF CALIFORNIA
Department of Transportation
By ' By
Date lJ�'9'�?��� Chief, Office of Project Implementation
ff Division of Local Assistance
Title
0j//� i1c WOr� Date
I hereby certify upon iqf so I know edge that budgetedfunds are available for this encuzabrance:
Accounting Officer + � - Date
$76,860.00
Chapter Statutes Item Year rogram BC Category Fund Source ANXDNT
208 2004 2660-102-042 2004-2005 20.30.010.535 C 262040 042-T 76,860.00
Program Supplement 00-0181-B16- SERIAL Page 1 of 4
12-ORA-0-I NTB 09/02/2005
SR2SL-5181(156)
SPECIAL COVENANTS OR REMARKS
1. 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 SR2S
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 ADMINISTERING AGENCY for which State funds
are allocated. The effective State allocation date establishes
eligibility for the ADMINISTERING AGENCY to start reimbursable
work and seek reimbursement of funds. Any work done prior to the
effective allocation date is not eligible for reimbursement from
the SR2S funds.
4. The STATE and ADMINISTERING AGENCY agree that SR2S funds
available for reimbursement to the ADMINISTERING AGENCY by the
STATE will be limited to the amount allocated and encumbered by
the STATE. Any additional funds made available by future
allocations will be encumbered on this PROJECT by use of a STATE
approved Allocation Letter and Finance Letter.
5. The ADMINISTERING AGENCY agrees to submit to the STATE,
Exhibit 24-B "Project Status Report" as required by the SR2S
Program Guidelines.
6. The ADMINISTERING AGENCY agrees to encumber the funds under
agreement and award the construction contract by June 30th of the
fiscal year in which funds are programmed. For projects unable to
meet this deadline, the ADMINISTERING AGENCY may request, in
writing, a time extension from the District Local Assistance
Engineer (DLAE) . A one-time extension, for a maximum period of
one year, may be granted by the DLAE. Projects unable to meet
the new deadline may be dropped from the program.
7. The ADMINISTERING AGENCY agrees to provide contract award
information to the STATE when submitting first invoice for this
PROJECT. Attachment I of this PSA may be used for providing the
necessary contract award information.
Program Supplement 00-0181-B16- SERIAL Page 2 of 4
12-ORA-0-BNTB 09/02/2005
SR2SL-5181(156)
SPECIAL COVENANTS OR REMARKS
8. The ADMINISTERING AGENCY agrees to submit the "Report of
Expenditures" to the DLAE within. six (6) months after the project
completion in accordance with Section 17.5 of the Local
Assistance Procedures Manual (LAPM) .
9. The ADMINISTERING AGENCY agrees to follow all relevant State
laws and requirements including the California Environmental
Quality Act (CEQA) .
2. The ADMINISTERING AGENCY will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
3. Any State and Federal funds that may have been encumbered for
this project are only available for disbursement for a period of
five (5) years and seven (7) years, respectively, from the start
of the fiscal year(s) that those funds were appropriated within
the State Budget Act. All project funds not liquidated within
these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested and is approved by
the California Department of Finance per Government Code Section
16304. The exact date of each fund reversion will be reflected
in the approved finance letter(s) issued for this project.
Notwithstanding the unliquidated sums of project specific State
and Federal funding remaining and available to fund project work,
any invoice for reimbursement that is not submitted to the
Department on or before 60 days after that applicable fixed fund
reversion date will not be paid from that fiscal year's
encumbered funds because all of these unexpended funds will be
irrevocably reverted by the Department's Division of Accounting
on that date.
Pursuant to a directive from the State Controller's Office and
the Department of Finance, the last date to submit invoices for
reimbursed work in each fiscal year is May 15th in order for
payment to be made out of those then current appropriations.
Project work performed and invoiced after May 15th will be
reimbursed only out of available funding that might be encumbered
in the subsequent fiscal year, and then only when those funds are
Program Supplement 00-0181-B16- SERIAL Page 3 of 4
12-ORA-O-HN M 09/02/2005
SR2SL-5181(156)
SPECIAL COVENANTS OR REMARKS
actually allocated and encumbered as authorized by the California
Transportation Commission and the Department's Accounting Office.
4. All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature and
the encumbrance of funds under this Agreement. Funding and
reimbursement are available only upon the passage of the State
Budget Act containing these STATE funds.
Program Supplement 00-0181-B16- SERIAL Page 4 of 4
Res. No. 2005-72
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss
CITY OF HUNTINGTON BEACH )
I, JOAN FLYNN, 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 an regular meeting thereof held on the 7th of
November, 2005 by the following vote:
AYES: Hansen, Coerper, Sullivan, Green, Cook
NOES: None
ABSENT: Hardy, Bohr
ABSTAIN: None
Ci Clerk and ex-officiootlerk of the
City Council of the City of
Huntington Beach, California