HomeMy WebLinkAboutCalifornia Department of Transportation (Caltrans) - 2016-01-14PROGRAM SUPPLEMENT NO. N053 Rev. 1
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 12-5181 R
Adv Project ID Date:
1215000129 Location:
Project Number:
E.A. Number:
Locode:
August 15, 2018
12-ORA-0-HNTB
HSIPL-5181(182)
5181
This Program Supplement hereby adopts and 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. approved by the Administering Agency on NOV
jq 12D(B
(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 obligated to this PROJECT, the Administering Agency accepts and will comply with the special
covenants or remarks set forth on the following pages.
PROJECT LOCATION:
Gothard Street from Edinger Avenue to McFadden Avenue and Center Avenue from Gothard Street to Huntington
Village Lane
TYPE OF WORK: Signal interconnect conduit and upgrade signals for protected left- LENGTH: 0.7(MILES)
turn phasing
Estimated Cost Federal Funds I Matching Funds _
MS3E $369,500.00 1 LOCAL I I OTHER
$409, 300. Z
CITY OF HUNTINGTON EACH
By —
Title
Date � t F3
J�t
Attest
$39,800.Oq 1 $0.00
STATE OF CALIFORNIA
Department of Transportation
By
P.- Chief, Office of Project Implementation
Division of Local Assistance
Date 'zz C20`9.
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer_ ' -� Date �J/l
$369, 500.00
Program Supplement 12-5181R-N053-R1- ISTEA Page 1 of 7
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLEMENT AND CERTIFICATION FORM
PSCF (REV 0112010)
TO
Claims Audits
3301 "C" Street, Rm 404
Sacramento, CA 95816
FROM
Department of Transportation
SUBJECT
Encumbrance Document
VENDOR/LOCAL AGENCY'
CITY OF HUNTINGTON BEACH
$369,500.00
PROCUREMENTTYPE
Local Assistance
DATE PREPARED.
8/15/2018
REQUISITION NUMBER / CONTRACT NUMBER:
CT - 2660 - 125181053N
Page 1 of _1 _
1215000129
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats For information, call (915) 654-6410 of TDD (916) -3880 or write
Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814
12-ORA-0-HNTB
HSIPL-5181(182)
08/15/2018
SPECIAL COVENANTS OR REMARKS
Chapter I Statutes I Item I Year I Program I BC I Category I Fund Source I AMOUNT
Program Supplement 12-5181R-N053-R1- ISTEA Page 2 of 7
12-ORA-0-HNTB
HSIPL-5181(182)
08/15/2018
SPECIAL COVENANTS OR REMARKS
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. 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).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might
be made available by future Federal obligations will be encumbered on this PROJECT by
use of a STATE -approved "Authorization to Proceed" and Finance Letter.
ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will
be limited to the amounts obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the
District Local Assistance Engineer within 60 days of project contract award and prior to
the submittal of the ADMINISTERING AGENCY'S first invoice for the construction
contract.
Failure to do so will cause a delay in the State processing invoices for the construction
phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
E. 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 for Federal aid projects, or encumbrances for State funded
projects, as well as to suspend invoice payments for any on -going or future 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.
F. 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 -
Program Supplement 12-5181 R-N053-RI- ISTEA Page 3 of 7
12=ORA-0-HNTB
HSIPL-5181(182)
08/15/2018
SPECIAL COVENANTS OR REMARKS
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 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.).
G. 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
District Local Assistance Engineer can forward an invoice for payment to the
Department's Local Programs Accounting Office for reimbursable work for funds that are
going 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.
H. 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 Exclusion List. Exclusions can be
found at www.sam.gov.
2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and
procedures (including those set forth in the Local Assistance Procedures Manual and the
Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL
ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of
Program Supplement 12-5181 R-N053-R1- ISTEA Page 4.of 7
12-ORA-0-HNTB
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SPECIAL COVENANTS OR REMARKS
Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable
federal laws, regulations, and policy and procedural or instructional memoranda, unless
otherwise specifically waived as designated in the executed project -specific PROGRAM
SUPPLEMENT.
B. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes
the address of ADMINISTERING AGENCY and shall be formatted in accordance with
LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup
documentation for costs incurred and claimed for reimbursement by ADMINISTERING
AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup
documentation with invoices if requested by State. Acceptable backup documentation
includes, but is not limited to, agency's progress payment to the contractors, copies of
cancelled checks showing amounts made payable to vendors and contractors, and/or a
computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central
Service Cost Allocation Plans and related documentation are to be prepared and provided
to STATE (Caltrans Audits & Investigations) for review and approval prior to
ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each
fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be
prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of
the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures
established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING
AGENCY submits the Final Report of Expenditures for each completed PROGRAM
SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT -related travel and
subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its
contractors and subcontractors claimed for reimbursement or as local match credit shall
not exceed rates authorized to be paid rank and file STATE employees under current
State Department of Personnel Administration (DPA) rules. If the rates invoiced by
ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is
responsible for the cost difference, and any overpayments inadvertently paid by STATE
shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty
(30) days of such invoice.
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and
subcontractors will be obligated to agree, that Contract Cost Principles and Procedures,
Program Supplement 12-5181 R-N053-R1- ISTEA Page 5 of 7
12-ORA-0-HNTB
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08/15/2018
SPECIAL COVENANTS OR REMARKS
48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be
used to determine the allowability of individual PROJECT cost items.
I. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply
with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures,
Public Contract Code (PCC) 1.0300-10334 (procurement of goods), PCC 10335-10381
(non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or
credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200,
23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL
regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT
WORK and records and ADMINISTERING AGENCY agrees, and shall require its
contractors and subcontractors to agree, to cooperate with STATE by making all
appropriate and relevant PROJECT records available for audit and copying as required
by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and
subcontractors, and STATE shall each maintain and make available for inspection and
audit by STATE, the California State Auditor, or any duly authorized representative of
STATE or the United States all books, documents, papers, accounting records, and other
evidence pertaining to the performance of such contracts, including, but not limited to, the
costs of administering those various contracts and ADMINISTERING AGENCY shall
furnish copies thereof if requested. All of the above referenced parties shall make such
AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their
respective offices at all reasonable times during the entire PROJECT period and for three
(3) years from the date of submission of the final expenditure report by the STATE to the
F H WA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and
maintain a financial management system and records that properly accumulate and
segregate reasonable, allowable, and allocable incurred PROJECT costs and matching
funds by line item for the PROJECT. The financial management system of
ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to
Generally Accepted Accounting Principles, enable the determination of incurred costs at
interim points of completion, and provide support for reimbursement payment vouchers or
invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single
Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal
year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS
adopting the terms of this AGREEMENT in the schedule of projects to be examined in
Program Supplement 12-5181 R-N053-R1- ISTEA Page 6 of 7
12-ORA-0-HNTB
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SPECIAL COVENANTS OR REMARKS
ADMINISTERING AGENCY's annual audit and in the schedule of projects to be
examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000,
construction contracts over $10,000, or other contracts over $25,000 [excluding
professional service contracts of the type which are required `to be procured in
accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a
noncompetitive negotiation for work to be performed under this AGREEMENT without the
prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if
intended as local match credit, must meet the requirements set forth in this AGREEMENT
regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this
AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this
agreement.
Program Supplement 12-5181 R-N053-R1- ISTEA Page 7 of 7
Headquart,,zrs Division of
Local Assistance Headquarters Division of
NOV Z 6 2018 Local Assistance
AUG 17 2018
from Local Agency
from local Programs Accounting
RESOLUTION NO. 2018-62
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
resoive 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 19th day of November , 2018
b
Mayor
REVIEW APPROVED:
City n gei
INITIATED AND APPROVED:
`Director of PublicWorks
18-6949/190558
Res. No. 2018-62
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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, 2018 by the following vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
A
i
STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY
_ i I u
EDMUND G BROWN Jr, Governor
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P O BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
(916)654-3883 -
Fax (916) 654-2408
January 22, 2016
0
File 12-ORA-0-HNTB
HSIPL-5181(182)
Gothard Street from Edinger
Avenue to McFadden Avenue and
Center Avenue from Gothard Street
Mr Travis Hopkins
Director of Public Works
City of Huntington Beach
2000 Main St
Huntington Beach, CA 92648
Attn Mr Bill Janusz
Dear Mr Hopkins
Enclosed is your fully executed copy of Program Supplement Agreement No 053-N to Administering Agency -State
Agreement No 12-5181 R
Sincerely,
t
JOHN HOOLE, Chief
Office of Project Implementation - South
Division of Local Assistance
Enclosure
c DLA AE Project Files
(12) DLAE - Jim Kaufman
N
rn
E5
c-n
p
PROGRAM SUPPLEMENT NO N053
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 12-5181R
Adv Project ID Date December 14, 2015
1215000129 Location 12-ORA-0-HNTB
Project Number HSIPL-5181(182)
E A Number
Locode 5181
This Program Supplement hereby adopts and 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 2vio- 29 approved by the Administering Agency on 19PRIL. S, 2 o/a
(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 obligated to this PROJECT, the Administering Agency accepts and will comply with the special
covenants or remarks set forth on the following pages
PROJECT LOCATION
Gothard Street from Edinger Avenue to McFadden Avenue and Center Avenue from Gothard Street to Huntington
Village Lane
TYPE OF WORK: Install signal interconnect conduit and upgrade signals for protected LENGTH 0 7(MILES)
left -turn phasing
Estimated Cost IFederal Funds I Matching Funds
MS3E $12,000 00 LOCAL OTHER
$12,000
EHO
$0 00
CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA
01 Departme t of Transport ion
/E/
�/
o
B1 • /
Title i//�///� CCh 7
lhief, O ice of Pro t Implementation
Division of Local Assistance
Date
Date
Attes
I hereby ce fy upon my personal knowledge that budgeted funds are available for this encumbrance
Accounting Officer �� Date '2�l s lS $12,000 00
Program Supplement 12-5181 R-N053- ISTEA Page 1 of 5
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV 01/2010)
TO
Claims Audits
3301 "C" Street, Rm 404
Sacramento, CA 95816
FROM
Department of Transportation
SUBJECT I
Encumbrance Document
VENDOR/LOCAL AGENCY
City of Huntington Beach
CONTRACT AMOUNT
$12,000 00
PROCUREMENTTYPE
Local Assistance
12/15/2015
REQUISITION NUMBER I CONTRACT NUMBER
RQS # 121600000142
Page _1_ of _1_
1215000129
ADA NoO For individuals with sensory disabilities, this document is available in alternate formats For information, call (915) 654-6410 of TDD (916) -3880 or write
Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814
12-ORA-0-HNTB
HSIPL-5181(182)
12/14/2015
SPECIAL COVENANTS OR REMARKS
Chapter I Statutes I Item I Year I Program I BC I Category I Fund Source I AMOUNT
Program Supplement 12-5181 R-N053- ISTEA Page 2 of 5
12-ORA-0-HNTB 12/14/2015
HSIPL-5181(182)
SPECIAL COVENANTS OR REMARKS
1 A The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual
B 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)
C Award Information shall be submitted by the ADMINISTERING AGENCY to the
District Local Assistance Engineer within 60 days of project contract award and prior to
the submittal of the ADMINISTERING AGENCY'S first Invoice for the construction
contract
Failure to do so will cause a delay in the State processing Invoices for the construction
phase Attention is directed to Section 15 7 "Award Package" of the Local Assistance
Procedures Manual
D 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 for Federal aid projects, or encumbrances for State funded
projects, as well as to suspend invoice payments for any on -going or future 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
E 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 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
Program Supplement 12-5181 R-N053- ISTEA Page 3 of 5
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SPECIAL COVENANTS OR REMARKS
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 )
F 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
District Local Assistance Engineer can 'forward an invoice for payment to the
Department's Local Programs Accounting Office for reimbursable work for funds that are
going 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
G 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 Exclusion List Exclusions can be
found at www sam gov
H STATE and ADMINISTERING AGENCY agree that any additional funds which are
made available for any new phase(s) of work by future Federal obligations will be
encumbered on this PROJECT by use of a Federal Highway Administration -approved
"Authorization to Proceed" (E-76) STATE Finance Letter ADMINISTERING AGENCY
agrees that Federal funds available for reimbursement will be limited to the amounts
obligated by the Federal Highway Administration
2 In the event that right of way acquisition for or construction of this project of the initial
federal authorization for preliminary engineering is not started by the close of the tenth
fiscal year following the fiscal year in which the project is authorized, the
ADMINISTERING AGENCY shall repay the Federal Highway Administration through
Program Supplement 12-5181 R-N053- ISTEA Page 4 of 5
12-ORA-0-HNTB
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SPECIAL COVENANTS OR REMARKS
Caltrans the sum of Federal funds paid under the terms of this agreement
Program Supplement 12-5181 R-N053- ISTEA Page 5 of 5
774
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A_ Wilson, City Administrator
PREPARED BY: Travis K Hopkins, PE, Director of Public Works
SUBJECT: Adopt Resolution 2010-29 Authorizing the Director of Public Works to
Execute Program Supplements to the Caltrans Master Agreement for
Transportation Projects
Statement of Issue: The proposed resolution will authorize the Director of Public Works to
execute Program Supplements to the California Department of Transportation (Caltrans)
Master Agreement for Transportation Projects for Federal Aid projects related to the Federal
Highway Administration (FHWA) grant programs Program Supplements are administrative
actions that release approved grant funds for a specific project
Funding Source: No funds required for this action.
Recommended Action: Motion to
Adopt 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."
Alternative Action(s) Deny adoption of the authorizing resolution and maintain the current
process
Item r8
REQUEST FOR COUNCIL ACTION
MEETING DATE. 4/5/2010 DEPARTMENT ID NUMBER: PW 10-022
Analysis. Since 1978, the City has had a Master Agreement with the State of California for
Lhe Federal Aid ogram--tn-26
as Master Agreement 12-5181 R, which allowed the City to execute future Supplemental
Agreements for Federal Aid projects The Agreements are the final documents required to
obtain allocated federal funds as awarded through the Federal Highway Administration
(FHWA)
As the Supplemental Agreements require approval from the Local Agency or duly authorized
individual, it's been our practice for the City Council to approve each Supplemental
Agreement However, as this is an administrative step in the process, it is possible to
delegate the signature authority to the Director of Public Works, or other City official The
City Council will continue to approve the resolution to apply for FHWA funds, approve the
project through the Capital Improvement Program, and authorize award of the project for
construction.
Recently, Caltrans representatives provided a sample blanket resolution which would help
agencies streamline the supplemental agreement execution process Adopting the resolution
will allow the Director of Public Works to execute Program Supplemental Agreements and
assist the City in streamlining the supplemental agreement execution process
Public Works Commission Action: Not required
Environmental Status: Not applicable
Strategic Plan Goal: Maintain, Improve and Obtain Funding for Public Improvements
Attachment(s):
1 1 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"
RESOLUTION NO_ 2010-29
JKi�SOL�JT I�1Q�F`T� Z}FAi7N'I'
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO E)MCUTE 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,
NO'W, 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 Califomra 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 AP R I L , 20__U
a
RE ND APPROVED
INITIATED AND APPROVED_
&2-_
CIM6riistrator
D` irector of �hcorks
Attom�y
a 216
43 514
Res. No. 2010-29
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, 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-ofFiciJerk of the
City Council of the City of
Huntington Beach, California