RES-10937 Any & All Program Supplement Agreements ApprovalRESOLUTION NO. 10937
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING THE TERMS AND
PROVISIONS OF, AND AUTHORIZING THE CITY
MANAGER OR THE DIRECTOR OF PUBLIC
WORKS TO EXECUTE ANY AND ALL PROGRAM
SUPPLEMENT AGREEMENTS FOR FEDERAL -AID
PROJECTS UNDER, THE ADMINISTERING
AGENCY — STATE AGREEMENT FOR FEDERAL -
AID PROJECTS BY AND BETWEEN THE CITY OF
ORANGE AND THE STATE OF CALIFORNIA
ACTING BY AND THROUGH ITS DEPARTMENT
OF TRANSPORTATION.
WHEREAS, on January 8, 2007 in order to receive Federal -aid or State Highway
Account funds for projects funded from the Federal -aid Highway Program, the City Council
authorized entering into that certain Administering Agency -State Agreement for Federal -Aid
Projects, dated as of January 8, 2007 (the "Original Master Agreement ") with the State of
California, acting by and through its Department of Transportation ( "CalTrans "), which Original
Master Agreement defined the general terms and conditions which must be met by the City to
receive such Federal -aid funds; and
WHEREAS, the Original Master Agreement has been revised to incorporate various
changes in regulations and policies that have occurred since 2007 and CalTrans has, accordingly,
requested that the City Council of the City of Orange to authorize entering into a new
Administering Agency -State Agreement for Federal -Aid Projects in the form presented by the
City Manager at this meeting (the "New Master Agreement "), which New Master Agreement
will supersede and take the place of the Original Master Agreement; and
WHEREAS, the New Master Agreement anticipates that Program Supplement
Agreements would subsequently be entered into by and between the City and CalTrans for the
purpose of identifying eligible transportation projects and the types and amounts of Federal and
local funds used to finance the locally sponsored project, thus amending the New Master
Agreement. A Program Supplement Agreement is the contractual basis for CalTrans to pay the
City for work done and includes special covenants or clauses defining the agencies' specific
responsibilities in implementing and maintaining the project; and
WHEREAS, the Local Assistance Procedures Manual prepared by the Office of Local
Programs of CalTrans for the administration of the New Master Agreement and Program
Supplement Agreements authorizes the City to adopt a resolution for each Program Supplement
Agreement as it is presented to the City or to adopt a resolution authorizing an officer of the City
to execute Program Supplement Agreements as they occur; and
WHEREAS, this City Council desires to save time and work by authorizing the City
Manager or the City's Director of Public Works to execute Program Supplement Agreements and
such other and further documentation as they may deem necessary and appropriate for Federal -
aid funded projects to be constructed by the City under the New Master Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
as follows:
Section 1. Approval of New Master Agreement. The terms and provisions of the New
Master Agreement between the City of Orange and CalTrans in the form as submitted by the City
Manager are approved. Accordingly, the Mayor is hereby authorized and directed to execute, and
the City Clerk is hereby authorized and directed to attest, the New Master Agreement on behalf
of the City.
Section 2. Authorization for Officers to Act. The City Council hereby authorizes and
directs the Director of Public Works or the City Manager, or their designees, to execute on behalf
of the City all Program Supplement Agreements as they occur under the New Master Agreement
for Federal -aid funded projects and to do any and all things and take any and all actions and
execute any and all documents, which they, or any of them, may deem necessary or advisable or
that CalTrans requires relevant to the implementation of the New Master Agreement and to take
any and all action deemed by any of them to be proper in connection with the New Master
Agreement.
Section 3. Actions Approved. All actions heretofore taken by the officers and
employees of the City with respect to the New Master Agreement and any Program Supplement
Agreement previously executed on behalf of the City and delivered to CalTrans are hereby
approved, confirmed and ratified.
ADOPTED this 14th day of June, 2016.
ATTEST:
Mary y, City Clerk, City f Orange
eres E. Smith, Mayor, City of Orange
Resolution No. 10937 2
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 14th day of June, 2016, by the following vote:
AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary E y, City Clerk, f Orange
Resolution No. 10937