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HomeMy WebLinkAboutCity Council - 2006-70 RESOLUTION NO. 2 0 0 6-7 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE PROGRAM SUPPLEMENT NO. M033, M034 AND M035 TO MASTER AGREEMENT NO. 12-5181R FOR ADAMS AVENUE, BOLSA CHICA STREET AND GOLDENWEST STREET CONSTRUCTION IMPROVEMENTS WHEREAS, on November 20, 2006, the City entered into an agreement with the State of California for the Federal Aid Program, identified as Master Agreement No. 12-5181R; and Program Supplement Nos. M033, M034 and M035 to the above mentioned Master Agreement require arterial highway rehabilitation construction improvements; and The estimated project cost for each agreement is as follows: M033 (Adams Avenue) $2,287,243, M034 (Bolsa Chica Street) $2,801,482 and M035 (Goldenwest Street) $2,057,931. The total sum of the estimated project cost of these agreements is $7,146,656;and From the estimated project cost, the following dollar amounts will be appropriated from Federal and State funds to the respective project as shown on Attachment A hereto: M033 (Adams Avenue) $797,630, M034 (Bolsa Chica Street) $1,183,144 and M035 (Goldenwest Street) $797,941. The sum of the Federal and State funds allocated for these -projects is $2,778,715, 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. M033, M034 and M035 to Master Agreement No. 12-5181 R for the Adams Avenue, Bolsa Chica Street and Goldenwest Street construction improvements. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2 0 t h day of November , 200 6 . Mayor REVIEWED AND APPROVED: APP,RQYED AS TO FORM: ity Adm' istrator C' y Attorney TED AND APPROVED: Director of PublicWorks 06-659/5448 �T 't ' — RE3o"Apod a00 6 - 9 PROGRAM SUPPLEMENT NO. 'M033 Date:October 10,2006 4 to Location:12-ORA-0-HNTB ADMINISTERING AGENCY-STATE AGREEMENT Project NumberSTPL-5181(157) FOR FEDERAL-AID PROJECTS NO. 12-5181 E.A_ Number:12-931828 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 tO//O/C>�and`is subject to all the terms and conditions thereof.This Program Supplement is executed in accordance with Article 1 of the aforementioned Master Agreement under authority of Resolution No. 2 0 0 6-7 0 ,approved by the Administering Agency on 11-2 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: Adams Avenue from Magnolia Street to the east city limits at the Santa Ana River bridge TYPE OF 'WORK:Road rehabilitation LENGTH: 1.5(MILES) Estimated Cost Federal Funds Matching Funds H230 $797,630.00 LOCAL OTHER $2,287,243.00 $1,489,613.00 $0.00 $0.00 CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA Department of Transportation By �l�vt By AL'/"4Z 24&d,r � Dave S u 1 ) 1 v a n , Mayor Chief, Office of Project Implementation Date Division ofLocal Assistance Attes t ®/ DateAg,, ( , l� Title oan t . Flynn I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Office - Date i-ol l $797,630.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT 38 2005 2660-102-890 2005-2006 2030.010.810 C 262040 892-F 797,630.00 Program Supplement 12-5181-M033- ISTEA Page 1 of 3 12-ORA-0-HNTB. 10/10/2006 STPL-5181(157) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 2. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within' 60 days '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 P. 0. 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. 3. 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 nofurther State or Federal funds are needed for those future phase(s) . 4. 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 Program Supplement 12-5181-Mo33 ISTEA Page 2 of 3 12-OR.A-'G-I NTEti C.Xf�1lg�T 10/10/2006 �q Rya. /OC) AC06 STPL-5181(157) r SPECIAL COVENANTS OR REMARKS 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 andinvoiced 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. 5. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE?s approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on-going or future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a ?Report of Expenditures? within' one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a ?Final Report of Expenditures? within' 180"days- of PROJECT completion. will result in STATE imposing sanctions upon ADMINISTERING AGENCY.in accordance with< the current Local Assistance' Procedures Manual. Program Supplement 12-5181-M033- ISTEA Page 3 of -3 PROGRAM SUPPLEMENT NO. M034 Dates October 11,2006 to Location:12-ORA-0-HNTB ADMINISTERING AGENCY-STATE AGREEMENT Project Number:STPL-5181(158) FOR FEDERAL-AID PROJECTS NO. 12-51.81 E.A. Number:12-931829 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 fpf 10f0�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 6-7 0 approved by the Administering Agency on 1 1-2 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 :)n the following pages. PROJECT LOCATION: Bolsa Chica Street from Warner Avenue to Rancho Road TYPE OF WORK:Road rehabilitation LENGTH: 2A(MILES) Estimated Cost Federal Funds Matching Funds H230 $1,183,144.00 LOCAL OTHER $2,801,482.00 $1,618,338.00 $0.00 $0.00 CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA Department of Transp rtation By 14.1-1 By Dave Sullivan , Mayor Chief, Office of Project Implementation Date Division of Local Assistance Atte ' 64 6 6 a ntLL 1 y n n Hate lCdl/ o� Title I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Offic Date 10 $1,183,144.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT 38 2005 2660-102-890 - 2005-2006 20.30.010.810 C 262040 892-F 1,183,144.00 Program Supplement 12-5181-M034- ISTEA Page 1 of 3 .2-@RA-0-HNTB tf7 tg/T 1 0/1 112006 /�Ccsoc.u.no� /l�D. dOo6 - >TPL-5 1 81(158) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 2. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days 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 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. 3. 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) . 4 . 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 Program Supplement 12-5181-MO34- ISTEA Page 2 of 3 .2-0Rk-0-HNTB L- y�QvT 4' 10/11/2006 -S7IL,.c, /b. oZoDh 70 - 3TPL-5 81(158) SPECIAL COVENANTS OR REMARKS 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 actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office. 5. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE?s approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on-going or `future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a ?Report of Expenditures? within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a ?Final Report of Expenditures? within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. Program Supplement 12-5181-M034- ISTEA Page 3 of 3 P16GRAM SUPPLEMENT NO. M035 Date:October 12,2006 to Location:12-ORA-0-HNTB ADMINISTERING AGENCY-STATE AGREEMENT Project Number:STPL-5181(159) FOR FEDERAL-AID PROJECTS NO. 12-5181 E.A. Number:12-931830 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 jV1 JO/0,7and 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 6-7 0 ,approved by the Administering Agency on 11`-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: Goldenwest Street from Warner Avenue to McFadden Avenue TYPE OF WORK:Road rehabilitation LENGTH: 1.5(MILES) Estimated Cost Federal Funds Matching Funds H230 $797,941.00 LOCAL OTHER. $2,057,931.00 $1,259,990.00 $0.00 $0.00 CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA Departme t of Transp station By 0 � By Dave Sullivan , Mayor Z Chief, Office of Project Implementation , Date il Division of Local Assistance Att t Date Title UG111 L . r lyrITI //Zitv Clerk I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting offic _� Date $797,941.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT 38 2005 2660-102-890 2005-2006 20.30.010.810 C 262040 892-F 797,941.00 Program Supplement 12-5181-Nl035- ISTEA Page 1 of 3 1Z,;;JRA-0-11NTB d 0/1 / 006 STPL-5181(159) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance, with the current published Local Assistance Procedures Manual. 2, Award information shall be submitted by the ADMINISTERING AGENCY to the. District Local Assistance Engineer within 60 days 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' P. 0. 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. 3. 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) . 4 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 Program Supplement 12-5181-M035- ISTEA Page 2 of_3 1240RA- .HNTB �,r(/S�1.B/T // ' 10/12/2606 STPL-518I(159) SPECIAL COVENANTS OR REMARKS 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 actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office. 5 ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least Once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE?s approval of an applicable Finance Letter. STATE reserves the right to suspend future 'authorizations/obligations, and invoice payments for any on-going or future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a `six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing, amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a ?Report of Expenditures? within - one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a' ?Final Report of Expenditures? within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. Program Supplement 12-5181-M035- ISTEA Page 3 of 3 Res. No. 2006-70 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 20th day of November, 2006 by the following vote: AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook NOES: None ABSENT: None ABSTAIN: None 9r*i City &1erk and ex-officio Clerk of the City Council of the City of Huntington Beach, California