HomeMy WebLinkAboutCity Council - 2006-37 RESOLUTION NO. 2 0 0 6-3 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE PROGRAM
SUPPLEMENT NOS. M030, M031, AND M032 TO AGREEMENT NO. 12-5181 FOR THE
INTERSECTIONS OF GOTHARD STREET AND WARNER AVENUE, GOTHARD STREET
AND EDINGER AVENUE AND WARNER AVENUE AND EDWARDS STREET
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 ("Master
Agreement"); and
Program Supplemental Nos. M030, M031 and M032 to the above mentioned Master
Agreement have been found eligible for funding under the Hazard Elimination Safety program
administered by the Federal Highway Administration and the California State Department of
Transportation; and
The estimated project cost for each agreement is as follows: M030 (Warner Avenue and
Edwards Street) $102,620; M031 (Edinger Avenue and Gothard Street) $160,783; and M032
(Warner Avenue and Gothard Street) $52,826. The sum of the estimated project cost of three
agreements is $316,229 ($18,000 preliminary engineering and$298,229 construction); and
From the estimated project cost,the following dollar amounts will be appropriated from
Federal and State funds to their respective project as shown on Attachments A hereto:
M030 (Warner Avenue and Edwards Street) $54,000 ($4,500 preliminary
engineering and $49,500 construction);
M031 (Edinger Avenue and Gothard Street) $76,500 ($7,200 preliminary
engineering and $69,300 construction); and
M032 (Warner Avenue and Gothard Street) $54,000 ($4,500 preliminary
engineering and $49,500 construction).
The sum of the Federal and State funds allocated for three projects is $184,500 ($16,200
preliminary engineering and $168300 construction); and
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 Nos. M030, M031 and M032 to Master
Agreement No. 12-5181 for the preliminary engineering for the traffic signal modifications for
the intersections of Gothard Street and Warner Avenue, Gothard Street and Edinger Avenue and
06-300/2647 1
Resolution No. 2006-37
Warner Avenue and Edwards Street. The program supplements are only for engineering
and do not include construction funds.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 3rd day of July , 200 6 .
Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
ity Administrator C ty Attorney
,144�ED AN4AROVED:
Director of Public Works
06-300/2647 2
/19
POW
PROGRAM SUPPLEMENT NO. M030 Date:May 02,2006
Y;
to COPY Location:12-ORA-0-HNTB
ADMINISTERING AGENCY-STATE AGREEMENT Project Number:STPLH-5181(153)
FOR FEDERAL-AID PROJECTS NO. 12-5181 E.A. Number: 12-931681
This Program Supplement hereby incorporates the Administering Agency-State Agreement for Federal Aid which was entered into
between the Administering Agency and the State on 06/29/97 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.
2 0 0 6—3 7 approved by the Administering Agency on 7/3/2 0 0 6 (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted
below obligated to this project,the Administering Agency accepts and will comply with the Special covenants or Remarks setforth
on the following pages.
PROJECT LOCATION:
Intersection of Warner Avenue and Edwards Street
TYPE OF WORK: Modify signal phasing LENGTH: 0.1 (MILES)
Estimated Cost Federal Funds Matching Funds
H210 $4,500.00 LOCAL OTHER
$5,000.00 $500.00 $0.00 $0.00
CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA
Department of Transpo tation
By dL By
Chief,/ ' Office f P
Ma'yOr q�V , ce oro Project I
Date ;', a j mplementation
Division of Local Assistance
Attes
Date L"
Title_4Lt�"�I-P r k u
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
U _
Accounting Officer Date 5 D� $4,500.00
Chapter Statutes Item Year Pro am BC Category Fund Source AM UNT
38 2005 2660-102-890 2005-2006 20.30.010.530 C 255020 892-F 4,500.00
Program Supplement 12-5181-M030- ISTEA Page 1 of 5
12-ORA-0-HNTB 05/02/2006
STPLH-5181(153)
1
SPECIAL COVENANTS OR REMARKS
1. All project repair, replacement and maintenance involving the
physical condition and the operation of project improvements
referred to in Article III MAINTENANCE, of the aforementioned
Master Agreement will be the responsibility of the ADMINISTERING
AGENCY and shall be performed at regular intervals and as
required for efficient operation of the completed project
improvements.
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. The ADMINISTERING AGENCY agrees that payment of Federal funds
will be limited to the amounts approved by the Federal Highway
Administration (FHWA) in the Federal-Aid Project
Authorization/Agreement or Amendment/Modification (E-76) and
accepts any resultant increases in ADMINISTERING AGENCY funds as
shown .on the Finance Letter, any modification thereof as approved
by the Division of Local Assistance, Office of Project
Implementation.
4. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the most current published Local
Assistance Procedures Manual.
5. The ADMINISTERING AGENCY is required to have an audit in
accordance with the Single Audit Act and OMB A-133 if it receives
a total of $500, 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 & Research. OMB A-133 superceded OMB A-128 in
1996. A reference to OMB A-128 in a Master Agreement (if any) is
superceded by this covenant to conform to OMB A-133.
6. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer immediately after the
project contract award. A copy of the award package shall also
be included with the submittal of the ADMINISTERING AGENCY's
first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS#33
Program Supplementl2-5181-M030- ISTEA Page 2 of 5
12-0RA-0-HrdTB 05/02/2006
STPLH-5181(153)
SPECIAL COVENANTS OR REMARKS
P. O. Box 942874
Sacramento, CA 94274-0001
Failure to do so will cause a delay in the State processing
invoices for the construction phase. Please refer to Section
15.7 "Award Package" of the Local Assistance Procedures Manual
and LPP 01-06.
7 . STATE and ADMINISTERING AGENCY agree that any additional funds
which might be made available for new phase(s) of work by future
Federal obligations will be encumbered on this PROJECT by use of
a STATE approved "Authorization to Proceed" and Finance Letter.
ADMINISTERING AGENCY agrees that Federal funds available for
reimbursement will be limited to the amounts obligated by the
Federal Highway Administration.
8.. . ADMINISTERING AGENCY agrees that it will only proceed with work
authorized for specific phase(s) with an "Authorization to
Proceed" and will not proceed with future phase(s) of this
project prior to receiving an "Authorization to Proceed" from the
STATE for that phase(s) unless no further State or Federal funds
are needed for those future phase(s) .
9. 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
Program Supplementl2-5181-M030- ISTEA Page 3 of 5
12-ORA-0-HNTB 05/02/2006
STPLH-5181(153)
SPECIAL COVENANTS OR REMARKS
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
actually allocated and encumbered as authorized by the California
Transportation Commission and the Department' s Accounting Office.
10. "ADMINISTERING AGENCY certifies that neither the ADMINISTERING
AGENCY nor its principals are suspended or debarred at the time
of the execution of this agreement. ADMINISTERING AGENCY agrees
that it will notify the STATE immediately, in the event a
suspension or a debarment happened after the execution of this
agreement. "
11. The Administering Agency shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance
of any DOT -assisted contract or in the administration of its DBE
Program or the requirements of 49 CFR Part 26. The Administering
Agency shall take all necessary and reasonable steps under 49 CFE
Part 26 to ensure nondiscrimination in the award and
administration of DOT -assisted contracts. The Administering
Agency' s DBE Program, as required by 49 CFE Part 26 and as
approved by Caltrans, is incorporated by reference in this
agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a
violation of this agreement. Upon notification to the recepient
of its failure to carry out its approved program, Caltrans may
impose sanctions as provided for under Part 26 and may, in
appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986
(31 U.S.C. 3801 es seq. ) .
12. Billing Cycle
ADMINISTERING AGENCY agrees to submit invoices in arrears for
reimbursement of participating PROJECT costs at least once every
six months commencing after the funds are encumbered for each
Program Supplementl2-5181-M030- ISTEA Page 4 of 5
12-ORA-0-HNTB 05/02/2006
STPLH-5181(153)
SPECIAL COVENANTS OR REMARKS
phase by the execution of this PROJECT PROGRAM SUPPLEMENT or by
STATE's future approval of an applicable Finance Letter. The
total of all invoiced amounts claimed, plus any required matching
funds, must not exceed the actual total cost allowable under this
PROGRAM SUPPLEMENT for all authorized and completed PROJECT
engineering work, right of way acquisition, and construction.
If no costs have been invoiced for a six-month period,
ADMINISTERING AGENCY shall submit a written explanation (with
target billing date and target billing amount) of the absence of
PROJECT activity.
Should ADMINSTERING AGENCY fail to invoice for participating
PROJECT costs incurred (including a written explanation when no
invoice is submitted) within one year of the issuance of the
PROJECT authorization to proceed by STATE or from the next
invoice due date following the last PROJECT invoice, STATE may
de-obligate and reassign to another party any unexpended Federal
funds without notice to ADMINSTERING AGENCY. STATE may also not
process any future request for authorization to proceed submitted
by the ADMINSTERING AGENCY.
Final Billing
ADMINISTERING AGENCY agrees that it shall submit the Final
Invoice and Final Detail Estimate within 180 days of PROJECT
completion. ADMINISTERING AGENCY' s failure to submit these
documents will result in sanctions imposed upon ADMINISTERING
AGENCY by STATE in accordance with Chapter 17 . 6, "Consequences
For Non-Compliance", of the Local Assistance Procedures Manual.
De-obligate Federal Funds for Construction Phase
ADMINISTERING AGENCY agrees that if the estimated PROJECT
construction cost is less than the obligated amount for
construction by more than $50, 000, that excess amount of federal
funds initially obligated is subject to de-obligation by STATE
once the project has been awarded by ADMINSTERING AGENCY.
Program Supplement 12-5181-M030- ISTEA Page 5 of 5
,4777�w JT 99 r
PRC�0,JAM SUPPLEMENT NO. M031 'n Date:May 15,2006
to1d9B Location:l2-ORA-O-HNTB
ADMINISTERING AGENCY-STATE AGREEMENT •yp���rr�Jr Project Number:STPLH-5181(152)
FOR FEDERAL-AID PROJECTS NO. 12-5181 9 u E.A. Number:12-931680
This Program Supplement hereby incorporates the Administering Agency-State Agreement for Federal Aid which was entered into
between the Administering Agency and the State on 06/29/97 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.
2 0 0 6—3 7 approved by the Administering Agency on 7/3/2 0 0 6 (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted
below obligated to this project,the Administering Agency accepts and will comply with the Special covenants or Remarks setforth
on the following pages.
PROJECT LOCATION:
Intersection of Edinger Avenue and Gothard Street
TYPE OF WORK: Modify signal phasing LENGTH: 0.1 (MILES)
Estimated Cost Federal Funds Matching Funds
H210 $7,200.00 LOCAL OTHER
$8,000.00 $800.00 $0.00 $0.00
CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA
Departmen of Transpo tation
By By
Ma yOr /4--, Division
Chief, Office of Project Implementation
DateIF of Local Assistance
Attest
/ Date
Title
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting officer Date ��S $7,200.00
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
38 2005 2660-102-890 2005-2006 20.30.010.530 C 255020 892-F 7,200.00
Program Supplement 12-5181-M031- ISTEA Page 1 of 5
12-0RA-0-HNTB 05/15/2006
STPLH-5181(152)
SPECIAL COVENANTS OR REMARKS
1. All project repair, replacement and maintenance involving the
physical condition and the operation of project improvements
referred to in Article III MAINTENANCE, of the aforementioned
Master Agreement will be the responsibility of the ADMINISTERING
AGENCY and shall be performed at regular intervals and as
required for efficient operation of the completed project
improvements.
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. The ADMINISTERING AGENCY agrees that payment of Federal funds
will be limited to the amounts approved by the Federal Highway
Administration (FHWA) in the Federal-Aid Project
Authorization/Agreement or Amendment/Modification (E-76) and
accepts any resultant increases in ADMINISTERING AGENCY funds as
shown on the Finance Letter, any modification thereof as approved
by the Division of Local Assistance, Office of Project
Implementation.
4. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the most current published Local
Assistance Procedures Manual.
5. The ADMINISTERING AGENCY is required to have an audit in
accordance with the Single Audit Act and OMB A-133 if it receives
a total of $500, 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 & Research. OMB A-133 superceded OMB A-128 in
1996. A reference to OMB A-128 in a Master Agreement (if any) is
superceded by this covenant to conform to OMB A-133.
6. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer immediately after the
project contract award. A copy of the award package shall also
be included with the submittal of the ADMINISTERING AGENCY' s
first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS#33
Program Supplementl2-5181-M031- ISTEA Page 2 of 5
12-09A-0-HNTB 05/15/2006
STPLH-5181(152)
SPECIAL COVENANTS OR REMARKS
P. O. Box 942874
Sacramento, CA 94274-0001
Failure to do so will cause a delay in the State processing
invoices for the construction phase. Please refer to Section
15.7 "Award Package" of the Local. Assistance Procedures Manual
and LPP 01-06.
7 . STATE and ADMINISTERING AGENCY agree that any additional funds
which might be made available for new phase(s) of work by future
Federal obligations will be encumbered on this PROJECT by use of
a STATE approved "Authorization to Proceed" and Finance Letter.
ADMINISTERING AGENCY agrees that Federal funds available for
reimbursement will be limited to the amounts obligated by the
Federal Highway Administration.
8. ADMINISTERING AGENCY agrees that it will only proceed with work
authorized for specific phase(s) with an "Authorization to
Proceed" and will not proceed with future phase(s) of this
project prior to receiving an "Authorization to Proceed" from the
STATE for that phase(s) unless no further State or Federal funds
are needed for those future phase(s) .
9. 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
Program Supplementl2-5181-M031- ISTEA Page 3 of 5
12-GRA-0-HNTB 05/15/2006
STPLH-5181(152)
SPECIAL COVENANTS OR REMARKS
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
actually allocated and encumbered as authorized by the California
Transportation Commission and the Department' s Accounting Office.
10. "ADMINISTERING AGENCY certifies that neither the ADMINISTERING
AGENCY nor its principals are suspended or debarred at the time
of the execution of this agreement. ADMINISTERING AGENCY agrees
that it will notify the STATE immediately, in the event a
suspension or a debarment happened after the execution of this
agreement. "
11. The Administering Agency shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance
of any DOT -assisted contract or in the administration of its DBE
Program or the requirements of 49 CFR Part 26. The Administering
Agency .shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and
administration of DOT -assisted contracts. The Administering
Agency' s DBE Program, as required by 49 CFR Part 26 and as
approved by Caltrans, is incorporated by reference in this
agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a
violation of this agreement. Upon notification to the recepient
of its failure to carry out its approved program, Caltrans may
impose sanctions as provided for under Part 26 and may, in
appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986
(31 U.S.C. 3801 et seq. ) .
12. Billing Cycle
ADMINISTERING AGENCY agrees to submit invoices in arrears for
reimbursement of participating PROJECT costs at least once every
six months commencing after the funds are encumbered for each
Program Supplementl2-5181-M031- ISTEA Page 4 of 5
12-G?2 A-6-HNTB 05/15/2006
STPLH-5181(152)
SPECIAL COVENANTS OR REMARKS
phase by the execution of this PROJECT PROGRAM SUPPLEMENT or by
STATE' s future approval of an applicable Finance Letter. The
total of all invoiced amounts claimed, plus any required matching
funds, must not exceed the actual total cost allowable under this
PROGRAM SUPPLEMENT for all authorized and completed PROJECT
engineering work, right of way acquisition, and construction.
If no costs have been invoiced for a six-month period,
ADMINISTERING AGENCY shall submit a written explanation (with
target billing date and target billing amount) of the absence of
PROJECT activity.
Should ADMINSTERING AGENCY fail to invoice for participating
PROJECT costs incurred (including a written explanation when no
invoice is submitted) within one year of the issuance of the
PROJECT authorization to proceed by STATE or from the next
invoice due date following the last PROJECT invoice, STATE may
de-obligate and reassign to another party any unexpended Federal
funds without notice to ADMINSTERING AGENCY. STATE may also not
process any future request for authorization to proceed submitted
by the ADMINSTERING AGENCY.
Final Billing
ADMINISTERING AGENCY agrees that it shall submit the Final
Invoice and Final Detail Estimate within 180 days of PROJECT
completion. ADMINISTERING AGENCY' s failure to submit these
documents will result in sanctions imposed upon ADMINISTERING
AGENCY by STATE in accordance with Chapter 17 . 6, "Consequences
For Non-Compliance", of the Local Assistance Procedures Manual.
De-obligate Federal Funds for Construction Phase
ADMINISTERING AGENCY agrees that if the estimated PROJECT
construction cost is less than the obligated amount for
construction by more than $50,000, that excess amount of federal
funds initially obligated is subject to de-obligation by STATE
once the project has been awarded by ADMINSTERING AGENCY.
Program Supplementl2-5181-M031- ISTEA Page 5 of 5
TO . CROO6 -37—
PROGRAM SUPPLEMENT NO. M032 ON ORME �, Date:May 15,2006
to Location:12-ORA-0-HNTB
ADMINISTERING AGENCY-STATE AGREEMENT Copy Project Number:STPLH-5181(15 1)
FOR FEDERAL-AID PROJECTS NO. 12-5181 E.A. Number:12-931679
This Program Supplement hereby incorporates the Administering Agency-State Agreement for Federal Aid which was entered into
between the Administering Agency and the State on 06/29/97 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.
2 0 0 6—3 7 approved by the Administering Agency on 7/3/2 0 0 6 (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted
below obligated to this project,the Administering Agency accepts and will comply with the Special covenants or Remarks setforth
on the following pages.
PROJECT LOCATION:
Intersection of Warner Avenue and Gothard Street
TYPE OF WORK: Modify signal phasing LENGTH: 0.1 (MILES)
1
Estimated Cost Federal Funds Matching Funds
H210 $4,500.00 LOCAL OTHER
$5,000.00 $500.00 $0.00 $0.00
CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA
Department of Transportation
c
By By
Mayor Project I Chief, Office of Pro
Date _ j mplementation
Division of Local Assistance
Attest IeZ
Date d
Title Jerk
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer % /�� it Date Jer %� U� $4,500.00
Chapter Statutes Item Year Pr gram BC Category Fund Source AMOUNT
38 2005 2660-102-890 2005-2006 20.30.010.530 C 255020 892-F 4,500.00
I
Program Supplement 12-5181-M032- ISTEA Page 1 of 5
12-011ZA-0-HNTB 05/15/2006
STPI:H-5181(151)
SPECIAL COVENANTS OR REMARKS
1. All project repair, replacement and maintenance involving the
physical condition and the operation of project improvements
referred to in Article III MAINTENANCE, of the aforementioned
Master Agreement will be the responsibility of the ADMINISTERING
AGENCY and shall be performed at regular intervals and as
required for efficient operation of the completed project
improvements.
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. The ADMINISTERING AGENCY agrees that payment of Federal funds
will be limited to the amounts approved by the Federal Highway
Administration (FHWA) in the Federal-Aid Project
Authorization/Agreement or Amendment/Modification (E-76) and
accepts any resultant increases in ADMINISTERING AGENCY funds as
shown on the Finance Letter, any modification thereof as approved
by the Division of Local Assistance, Office of Project
Implementation.
4. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the most current published Local
Assistance Procedures Manual.
5. The ADMINISTERING AGENCY is required to have an audit in
accordance with the Single Audit Act and OMB A-133 if it receives
a total of $500, 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 & Research. OMB A-133 superseded OMB A-128 in
1996. A reference to OMB A-128 in a Master Agreement (if any) is
superceded-, by this covenant to conform to OMB A-133.
6. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer immediately after the
project contract award. A copy of the award package shall also
be included with the submittal of the ADMINISTERING AGENCY' s
first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS#33
Program Supplementl2-5181-M032- ISTEA Page 2 of 5
12-ORA-0-HNTB 05/15/2006
STPJ,H-5181(151)
SPECIAL COVENANTS OR REMARKS
P. O. Box 942874
Sacramento, CA 94274-0001
Failure to do so will cause a delay in the State processing
invoices for the construction phase. Please refer to Section
15.7 "Award Package" of the Local Assistance Procedures Manual
and LPP 01-06 .
7 . STATE and ADMINISTERING AGENCY agree that any additional funds
which might be made available for new phase(s) of work by future
Federal obligations will be encumbered on this PROJECT by use of
a STATE approved "Authorization to Proceed" and Finance Letter.
ADMINISTERING AGENCY agrees that Federal funds available for
reimbursement will be limited to the amounts obligated by the
Federal Highway Administration.
8. ADMINISTERING AGENCY agrees that it will only proceed with work
authorized for specific phase(s) with an "Authorization to
Proceed" and will not proceed with future phase(s) of this
project prior to receiving an "Authorization to Proceed" from the
STATE for that phase(s) unless no further State or Federal funds
are needed for those future phase(s) .
9. 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
Program Supplementl2-5181-M032- ISTEA Page 3 of 5
12-ORA-0-FiNTB 05/15/2006
STPLH-5181(151)
SPECIAL COVENANTS OR REMARKS
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
actually allocated and encumbered as authorized byfthe California
Transportation Commission and the Department ' s Accounting Office.
10. "ADMINISTERING AGENCY certifies that neither the ADMINISTERING
AGENCY nor its principals are suspended or debarred at the time
of the execution of this agreement. ADMINISTERING AGENCY agrees
that it will notify the STATE immediately, in the event a
suspension or a debarment happened after the execution of this
agreement. "
1
11. The Administering Agency shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance
of any DOT -assisted contract or in the administration of its DBE
Program or the requirements of 49 CFR Part 26. The Administering
Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and
administration of DOT -assisted contracts. The Administering
Agency' s DBE Program, as required by 49 CFR Part 26 and as
approved by Caltrans, is incorporated by reference in this
agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a
violation of this agreement. Upon notification to the recepient
of its failure to carry out its approved program, Caltrans may
impose sanctions as provided for under Part 26 and may, in
appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986
(31 U.S.C. 3801 et seq. ) .
12 . Billing Cycle
ADMINISTERING AGENCY agrees to submit invoices in arrears for
reimbursement of participating PROJECT costs at least once every
six months commencing after the funds are encumbered for each
Program Supplementl2-5181-M032- ISTEA Page 4 of 5
12 0_ZA-0-HNTB 05/15/2006
STPLH-5181(151)
SPECIAL COVENANTS OR REMARKS
phase by the execution of this PROJECT PROGRAM SUPPLEMENT or by
STATE's future approval of an applicable Finance Letter. The
total of all invoiced amounts claimed, plus any required matching
funds, must not exceed the actual total cost allowable under this
PROGRAM SUPPLEMENT for all authorized and completed PROJECT
engineering work, right of way acquisition, and construction.
If no costs have been invoiced for a six-month period,
ADMINISTERING AGENCY shall submit a written explanation (with
target billing date and target billing amount) of the absence of
PROJECT activity.
Should ADMINSTERING AGENCY fail to invoice for participating
PROJECT costs incurred (including a written explanation when no
invoice is submitted) within one year of the issuance of the
PROJECT authorization to proceed by STATE or from the next
invoice due date following the last PROJECT invoice, STATE may
de-obligate and reassign to another party any unexpended Federal
funds without notice to ADMINSTERING AGENCY. STATE may also not
process any future request for authorization to proceed submitted
by the ADMINSTERING AGENCY.
Final Billing
ADMINISTERING AGENCY agrees that it shall submit the Final
Invoice and Final Detail Estimate within 180 days of PROJECT
completion. ADMINISTERING AGENCY' s failure to submit these
documents will result in sanctions imposed upon ADMINISTERING
AGENCY by STATE in accordance with Chapter 17 . 6, "Consequences
For Non-Compliance", of the Local Assistance Procedures Manual.
De-obligate Federal Funds for Construction Phase
ADMINISTERING AGENCY agrees that if the estimated PROJECT
construction cost is less than the obligated amount for
construction by more than $50, 000, that excess amount of federal
funds initially obligated is subject to de-obligation by STATE
once the project has been awarded by ADMINSTERING AGENCY.
Program Supplementl2-5181-M032- ISTEA Page 5 of 5
Res. No. 2006-37
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. 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 3rd day of July,
2006 by the following vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook
NOES: None
ABSENT: None
ABSTAIN: None
Cit Jerk and ex-officio 4Verk of the
City Council of the City of
Huntington Beach, California