HomeMy WebLinkAboutCity Council - 2010-03 RESOLUTION NO. 2010-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE PROGRAM
SUPPLEMENT NO.N039 TO MASTER AGREEMENT NO. 12-5181R FOR
SLATER AVENUE 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 Agreement No. 12-5181R ("Master
Agreement"); and
Program Supplement No. N039 to the above mentioned Master Agreement requires
arterial highway rehabilitation construction improvements; and
The estimated project cost for this agreement is $1,767,187; and
This estimated project cost of $1,767,187, will be appropriated from Federal and State
funds to the Slater Avenue Construction Improvement Project shown on Program Supplement
No.N039, which is attached hereto as Exhibit A 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 No.N039 to Master Agreement No. 12-5181R for
the Slater Avenue construction improvements.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19 th day of January , 2010.
IF Mafarood
REVIEW APPROVED: INITIATED AND APPROVED:
City AilmInfistator Director of Public Works
SROVED AS TO FORM:
Attorney LJyj2l n
92.0
09-2371/42417
1
PROGRAM SUPPLEMENT NO. N039 Date:November 24,2009
to Location: 12-ORA-0-HNTB
ADMINISTERING AGENCY-STATE AGREEMENT Project Number:ESPL-5181(166)
FOR FEDERAL-AID PROJECTS NO. 12-5181R E.A. Number: 12-931970
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.
2010-03 approved by the Administering Agency on 01/19/2010 (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by State of any fiords 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:
Slater Avenue from Graham Street to Goldenwest Street
TYPE OF WORK: Road rehabilitation LENGTH: 1.5 (MILES)
Estimated Cost Federal Funds Matching Funds
C230 $1,767,187.00 LOCAL OTHER
$1,767,187.00 $0.00 $0.00 $0.00
CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA
r_.._.. Department of Transportation
7 ,
By By
at ee y o r
j,Chief, Office of Project Implementation
Pl
Date Janu 010 Y
�J Division of Local Assistance
Atte ✓ (/ I
L. Flynn Date
Title
I hereby certify upon my personal kn/pwledge that budgeted funds are available for this encumbrance:
Accounting Officer ,✓ j Date $1,767,187.00
Chapter Statutes Item'` 'Year / Program BC Category Fund Source AMOUNT
268 2008 2660-603-890 2008-2009 20.30.010.810 F 228010 898-F 1,767,187.00
Program Supplement 12-5181R-N039- ISTEA Page 1 of 5
12-ORA-0-HNTB 1 1/24/2009
ESPL-5181(166)
SPECIAL COVENANTS OR REMARKS
1. 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) .
2 . 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.
3 . The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the current published Local
Assistance Procedures Manual .
Program Supplementl2-5181R-NO39- ISTEA Page 2 of 5
12-ORA-0-HNTB 11/24/2009
ESPL-5181(166)
SPECIAL COVENANTS OR REMARKS
4 . 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 .
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
Program Supplementl2-5181R-N039- ISTEA Page 3 of 5
12-0RA-0-HNTB 11/24/2009
ESPL-5181(166)
SPECIAL COVENANTS OR REMARKS
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 Administering 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. ) .
7 . As a condition for receiving federal-aid highway funds for the
PROJECT, the Administering Agency certifies that NO members of
the elected board, council, or other key decision makers are on
the Federal Government Excluded Parties List System (EPLS) .
8 . This project is financed, in whole or in part, with federal funds
from the American Recovery and Reinvestment Act of 2009 (Recovery
Act) . ADMINISTERING AGENCY agrees:
1) Statutory provisions contained in Chapter 1 of Title 23
United States Code (U.S .C. ) are applicable to all Recovery Act
funded projects,
2) Costs incurred prior to the date of authorization are NOT
eligible for reimbursement with federal Recovery Act funds,
3) Federal Prevailing Wage Rate requirements apply to all
Recovery Act funded construction projects regardless of location
(including projects on local roads and rural minor collectors,
and Transportation Enhancement projects outside the highway right
of way) . ADMINISTERING AGENCY agrees to include the appropriate
wage rate information in the contract and also include a contract
provision that overrides the general applicability provisions in
form FHWA-1273, Sections IV and V,
Program Supplementl2-5181R-N039- ISTEA Page 4 of 5
12-ORA-0-HNTB 11/24/2009
ESPL-5 181(166)
SPECIAL COVENANTS OR REMARKS
4) To expend and invoice for all Recovery Act funds prior to
using other funds, and
5) To comply with the reporting requirements, terms and
conditions set forth in Sections 1201 and 1512 of the Recovery
Act and as designated by the STATE. Failure to comply will
result in retentions from progress payments due ADMINISTERING
AGENCY and/or other sanctions,
6) Recovery Act funds are available for liquidation only until
September 30, 2015 when the remaining balance of Recovery Act
funds will expire. ADMINISTERING AGENCY agrees to submit an
invoice for the balance of project Recovery Act funds (if any) to
the STATE prior to July 1, 2015.
Program Supplementl2-5181R-N039- ISTEA Page 5 of 5
Res. No. 2010-03
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 January 19, 2010 by the following vote:
AYES: Carchio, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: Coerper
ABSTAIN: None
Cfh Clerk and ex-offici Jerk of the
City Council of the City of
Huntington Beach, California