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Home My WebLink AboutCity Council - 2007-76 RESOLUTION NO. 2007-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE PROGRAM SUPPLEMENT NO. N036 TO MASTER AGREEMENT NO. 12-5181R FOR BROOKHURST STREET MEDIAN LANDSCAPE ENHANCEMENT WHEREAS, on November 20, 2006, the City entered into an agreement with the State of California for the Federal Aid Program, identified as Agreement No. 12-5181 R; and Program Supplement No. N036 to the above mentioned Master Agreement requires median landscape improvements; and The estimated project cost for this agreement is as follows: N036 (Brookhurst Street Median Landscape Enhancement) $1,141,230; and From the estimated project cost,the following dollar amount will be appropriated from Federal and State funds to the project as shown on Attachment A hereto: N036 (Brookhurst Street Median Landscape Enhancement) $370,000; and NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the Mayor and City Clerk are authorized and directed to execute the necessary documents to implement Program Supplement No.N036 to Master Agreement No. 12- 5181R for the Brookhurst Street Median Landscape Enhancement. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on November 19 , 2007. AZAB Ma or APPROVED AS TO FORM: Attorney If �v�3v ��- 1a �30/0� REVIEWED AND APPROVED. INITIATED AND APPROVED: - C ky Admi istrator Acting Director of Public Works 15319 (PROGRAM SUPPLEMENT NO. N036 Date:September 24,2007 to Location:12-ORA-0-HNTB ADMINISTERING AGENCY-STATE AGREEMENT Project Number:RPSTPLE-5181(160) FOR FEDERAL-AID PROJECTS NO. 12-5181R E.A. Number:12-402564 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 12/06/06 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. 2007-76 ,approved by the Administering Agency on 11/19/2007 (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: Brookhurst Street from Kamuela Drive to Cutty Sark Drive and Yorktown Avenue from Brookhurst Street to 600 feet east TYPE OF WORK: Median landscaping and concrete block walls LENGTH: 0.5(MILES) Estimated Cost Federal Funds Matching Funds H220 $370,000.00 LOCAL OTHER $1,141,230.00 $771,230.00 $0.00 $0.00 CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA Department f Transportaftion o By By Gil Coerper, MaAy4L, 5 Chief, office of Project Implementation Date November 26 2007 Division of Local Assistance Attest pp^^ II o i n ugar ' Date f Liz �, � Title Acci�ttapt Oi y�l�L I hereby certify upon m4perso al knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date $370,000.00 Chapter Statutes Item Year BC Category Fund Source AMOUNT 171 2007 2660-101-890 2007-2008 20.30.600.731 S 228010 892-F 370,000.00 Program Supplement 12-5181R-N036- ISTEA Page 1 of 4 .12-ORA-0-HNTB 09/24/2007 kPSTPLE-5181(160) SPECIAL COVENANTS OR REMARKS 1. 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 94274-000.1. 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. 2. 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) . 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. Program Supplement 12-5181R-N036- ISTEA Page 2 of 4 ,72=ORA-0-HNTB 09/24/2007 RPSTPLE-5181(160) SPECIAL COVENANTS OR REMARKS 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. 4. 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. 5. This PROJECT is subject to the timely use of funds provisions enacted by Senate Bill 45 (SB 45) , approved in 1997, and subsequent CTC guidelines and State procedures approved by the CTC and STATE, as outlined below: Funds allocated for the environmental & permits, plan specifications & estimate, and right-of-way components are available for expenditure until the end of :the second fiscal year Program Supplement 12-5181R-N036- ISTEA Page 3 of 4 '12-0RA-O-HNTB 09/24/2007 19PSTPLE-5181(160) SPECIAL COVENANTS OR REMARKS following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and complete the construction or vehicle purchase contract within 36 .months of award. 6. This PROJECT is programmed to receive Federal Transportation Enhancement Activities (TEA) fund. The ADMINISTERING AGENCY agrees that any functional or operational change to a TEA PROJECT, before, during or after PROJECT acquisition and/or construction, that does not comply with, or is in conflict with, the TEA program requirements and the original purpose of the Project at .the time it was programmed may render the PROJECT ineligible for Federal reimbursement and ADMINISTERING AGENCY may be required to reimburse STATE the entire amount of TEA funds contributed to the project or the value of the TEA fund contribution, based upon the fair market value of the acquisition and/or construction, at the time the conflict and/or non-compliance is determined, whichever is greater. 7. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. Program Supplement 12-5181R-N036- ISTEA Page 4 of 4 Res.. No. 2007-76 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 a regular meeting thereof held on November 19, 2007 by the following vote: AYES: Bohr, Carchio, Coerper, Green, Hansen, Hardy NOES: None ABSENT: Cook ABSTAIN: None Jilt Clerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California