HomeMy WebLinkAboutCALTRANS - State of California Department of Transportation - 2010-04-05PROGRAM SUPPLEMENT NO. N040 Date:April 05, 2010
to Location: 12-ORA-0-HNTB
ADMINISTERING AGENCY -STATE AGREEMENT Project Number:STPLH-5181(162)
FOR FEDERAL -AID PROJECTS NO. 12-5181R E.A. Number:12-931929
This Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into
)etween 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.
approved by the Administering Agency on Lt r(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:
Intersection of Atlanta Avenue and Newland Street
TYPE OF WORK: Upgrade signals with left -turn phasing
LENGTH: 0.1 (MILES)
Estimated Cost
Federal Funds
Matching Funds
S 127,040.00
LS30 $72,000.00
LOCAL
$55,040.00
$0.00
OTHER
$0.00
CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA
Department of Transportation
B By
Travis K. Hopk ns
Date �Y`'`` �i v� o Chief, Office of Project Implementation
D Division of Local Assistance
Attest ^�� � '
/ Date
Title 7—
I hereby certify upon my personal
that budgeted funds are available for this encumbrance:
Accounting Officer 4L Date V" 7 "—/ 0 $72,000.00
Chapter I Statutes I Item ( i r Year Program I BC I Category I Fund Source AMOUNT
1 2009 2660-102-890 2009-2010 20.30.010.530 C 255020 892-F
72,000.00
Program Supplement 12-5181R-N040- ISTEA Page 1 of 4
2. ORA-Q-HNTB 04/05/2010
Ap
_;TPLH-5.181(162)
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 of
project contract award or with submittal of the ADMINISTERING
AGENCY's first invoice for the construction contract, whichever
is earlier.
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 available for disbursement for limited periods
of time. For each fund encumbrance the limited period is from
the start of the fiscal year that the specific fund was
appropriated within the State Budget Act to the applicable fund
Reversion Date shown on the State approved project finance
letter. Per Government Code Section 16304, all project funds not
liquidated within these periods will revert unless an executed
Cooperative Work Agreement extending these dates is requested by
the ADMINISTERING AGENCY and approved by the California
Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to
the District Local Assistance Engineer at least 75 days prior to
the applicable fund Reversion Date to avoid the lapse of
applicable funds. Pursuant to a directive from the State
Controller's Office and the Department of Finance; in order for
payment to be made, the last date the DistrictLocal Engineer can
forward an invoice for payment to the Department's Local Programs
Accounting Office for reimbursable work for funds that are going
Program Supplement 12-5181R-N040- ISTEA Page 2 of 4
2-ORA-n-HNTB
;TPL;I-4181(162)
04/05/2010
SPECIAL COVENANTS OR REMARKS
to revert at the end of a particular fiscal year is May 15th of
the particular fiscal year. Notwithstanding the unliquidated
sums of project specific State and Federal funding remaining and
available to fund project work, any invoice for reimbursement
involving applicable funds that is not received by the
Department's Local Programs Accounting Office at least 45 days
prior to the applicable fixed fund Reversion Date will not be
paid. These unexpended funds will be irrevocably reverted by the
Department's Division of Accounting on the applicable fund
Reversion Date.
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 Administering Agency's DBE Implementation Agreement is
Program Supplementl2-5181R-N040- ISTEA Page 3 of 4
2-ORA-n-HNTB
3TPLr4-5181(162�
04/05/2010
SPECIAL COVENANTS OR REMARKS
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).
Program Supplement 12-5181R-N040- ISTEA Page 4 of 4
RESOLUTION NO. 2010-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE PROGRAM
SUPPLEMENTS TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
MASTER AGREEMENT FOR TRANSPORTATION PROJECTS
WHEREAS, the City of Huntington Beach is eligible to receive federal and/or state
funding for certain transportation projects through the California Department of Transportation;
and
California Department of Transportation requires the execution of Master Agreements,
Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer
Agreements prior to _claiming designated funds; and
The City wishes to delegate authorization to the Director of Public Works to execute
these agreements and any amendments thereto,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve that the Director of Public Works is authorized to execute all Master Agreements, Master
Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund
Transfer Agreements and any amendments thereto with the California Department of
Transportation.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 5TH day of APRI L , 20 1Q.
11)7.-�
a
REVI ND APPROVED:
INITIATED AND APPROVED:
Cit A nistrator
"Director of Pu lic Works
APP VED AS TO FORM:
2itAttorn y U
43514
Res. No. 2010-29
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 April 5, 2010 by the following vote:
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
Ci Clerk and ex-officio lerk of the
City Council of the City of
Huntington Beach, California