HomeMy WebLinkAboutCity Council - 2009-78 RESOLUTION NO. 2009-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE CALIFORNIA DEPARTMENT OF
TRANSPORTATION SUPPLEMENT AGREEMENT NO. OG28 REV.000
FOR THE SAFE ROUTES TO SCHOOL PROGRAM
WHEREAS, the City of Huntington Beach is eligible to receive Federal and/or State funds
for certain transportation projects, through the California Department of Transportation; and
Department of Transportation Master Agreements, Program Supplemental Agreements,
Fund Exchange Agreements and/or Fund Transfer agreements need to be executed by the receiving
agency before such funds can be claimed; and
On June 4, 2007, the City entered into an agreement with the State of California for State-
funded projects, identified as Agency-State Master Agreement No. 000355; and
Program Supplemental No. OG28 Rev.000 to the above mentioned Master Agreement has
been found eligible for funding under the Safe. Routes to School Program administered by
California Department of Transportation; and
The estimated cost for this project is $341,000. State funds will be appropriated in the
amount of$306,900 as shown on Exhibit A attached hereto and incorporated by this reference,
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 Agreement No. OG28 Rev. 000 to Agency-State
Master Agreement No. 00035S for the Safe Routes to School Program in the vicinity of Spring
View Middle School.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 7th day of December , 20 Og .
M or
*REVIED APPROVED: INITIATED AND APPROVED:
r Director of Public Works
APPROVED AS TO FORM:
sty Attorn
40485
PROGR;_14 SUPPLLEMENT NO. G28 Date:September 24,2009
to Location:12-ORA-0-HNTB
ADMINISTERING AGENCY-STATE AGREEMENT Project Number:SR2SL-5181(167)
FOR STATE FUNDED PROJECTS NO. 00035S E.A. Number:12-932039
Locode:5181
This PROGRAM SUPPLEMENT,effective ! / hereby incorporates into the Administering Agency-State Agreement No.
00035S for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an
effective date of 03/23/07 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 9-7 8 approved by the
ADMINISTERING AGENCY on 12/7/09(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 Heil Avenue and Trudy Lane
TYPE OF WORK:New traffic signal,curb ramps,striping,markings,and signage
Estimated Cost State Funds Matching Funds
STATE $306,900.00 LOCAL OTHER
$341,000.00 $34,100.00 $0.00 $0.00
CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA
Department of Transportation
By 1? C'A i BY ,%1dl,�P1.
Mayo' 7 4jChief, Office of Project Implementation
Date December 1 2009_. Division of Local Assistance
' l� jr► Date
Tit1�-f /
I hereby certify upon my personal+knowledge that budgeted funds are available for this encumbrance:
Accounting Officer c_4c_'� Date ' 24 O $306,900.00
Chapter Statutes Item Year Pro BC Category Fund Source AMOUNT
171 2007 2660-102-042 2007-2008 20.30.010.535 C 262040 042-T 306,900.00
APPROVED AS TO FORM
7q&1\_-%
MMcGRATH,City Attorney
giol®
By Paul D'Alessandro
Assistant City Attorney
Progr&m Supplement 00-035S-G28- SERIAL Page 1 of 3,
12-ORA-0-HNTB 10/19/2009
SR2SL-518t(167)
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.
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.
Program Supplement 00-035S-G28-SERIAL Page 2 of 3
12-ORA-0-HNTB 10/1912009
" SR2S'L-518'(167)
• SPECIAL COVENANTS OR REMARKS
3. Pursuant to Chapters 268 and 269 of the Statutes of 2008 included in the State Budget
Act, any State and Federal funds that may have been encumbered for this project are
only available for disbursement for a period of six (6) years and six (6) 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 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 00-035S-G28-SERIAL Page 3 of 3
Res. No. 2009-78
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 December 7, 2009 by the following vote:
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
y Clerk and ex-offi . Clerk of the
City Council of the City of
Huntington Beach, California