HomeMy WebLinkAboutCity Council - 2008-82 RESOLUTION NO. 2008-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE PROGRAM
SUPPLEMENT NO.N037 TO AGREEMENT NO. 12-5181 FOR ATLANTA AVENUE
WIDENING CONSTRUCTION IMPROVEMENTS
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; and
Program Supplemental No. N037 to the above mentioned Master Agreement requires
preliminary engineering for arterial widening construction improvements along the south side of
Atlanta Avenue between Huntington Street and Delaware Street; and
The estimated project preliminary engineering cost for this agreement is $137,900; and
From the estimated project cost, the following dollar amounts will be appropriated from
Federal and State funds as shown on Attachment A hereto: N037, $68,950 (Atlanta Avenue
Widening Construction Improvements),
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 No. N037 to Master Agreement No. 12-5181 for
the Atlanta Avenue widening construction Improvements.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15th day of December , 2008
Mayor
INITIATED AND PPROVED:
REVIEWE APPROVED:
Director of Public W rks
City Adronisoator
APPROVED AS TO FORM:
Iity Attorn
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08-1878/27908
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PROGRAM SUPPLEMENT NO. N037 Date:October 03,2008
to Location:12-ORA-04INT13
ADMINIST:FRING AGENCY-STATE AGREEMENT Project Number:STPL-5181(165)
FOR FEDERAL-AID PROJECTS NO. 12-5181R E.A. Number.12-931969
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.
2008-82 approved by the Administering Agency on 12/15/2008 (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:
South side of Atlanta Avenue from Ist Street to Delaware Street
TYPE OF WORK: Roadway widening to 4 lanes LENGTH: 0.1 (MILES)
Estimated Cost Federal Funds Matching Funds
L230 $68,950.00 LOCAL OTHER
$137,900.00 $68,950.00 $0.00 $0.00
CITY OF HUNTINGTON BEACH
STATE OF CALIFORNIA
BY , .2� ��L�'� Bepartment of Transportation
Y
Keith Bohr, Mayor Chief, Office of Project Implementation
Date December 16, 2008
Division of Local Assistance
Attest
Fyn Date o e
Title er
I hereby certify upon my perso al knowledge that bud eted funds are available for this encumbrance:
Accounting Officer '� Date $68,950.00
Chapter Statutes Item Year ogram BC Category Fund Source AMOUNT
171 2007 2660-102-890 2007-2008 20.30.010.810 C 262040 892-F 68,950.00
Program Supplement 12-5181R-N037- ISTEA Page 1 of 3
12-ORA-0-HNTB �f %� ��aL�� �� 10/14/2008
STPL-5181(165) ��
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
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
Program Supplement 12-5181 R-N037- ISTEA Page 2 of 3
12-ORA-0-HNTB �y7}t. nr�l� l E�d� 10/14/2008
STPL-5181(165)
SPECIAL COVENANTS OR REMARKS
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.
6. The Administering Agency shall not discriminate on the basis of race, religion, age,
disability, color, national origin, or sex in the award and performance of any Federal-
assisted contract or in the administration of its DBE Program Implementation Agreement.
The Administering Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted
contracts. The Administrating Agency's DBE Implementation Agreement is incorporated
by reference in this Agreement. Implementation of the DBE Implementation Agreement,
including but not limited to timely reporting of DBE commitments and utilization, is a legal
obligation and failure to carry out its terms shall be treated as a violation of this
Agreement. Upon notification to the Administering Agency of its failure to carry out its
DBE Implementation Agreement, the State may impose sanctions as provided for under
49 CFR 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.).
Program Supplement 12-5181R-N037- ISTEA Page 3 of 3
Res. No. 2008-82
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 December 15, 2008
by the following vote:
AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
9
y Clerk and ex-officrwclerk of the
City Council of the City of
Huntington Beach, California