RES-10143 Execution Any and All Public Works Program Supplement Agreements For Federal-Aid ProjectsRESOLUTION NO. 10143
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 June 10, 1997 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 July 10, 1997 (the Original Master Agreement)
with the State of California, acting by and through its Department of
Transportation (CaITrans), 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 1997 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 arid 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
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 November,
2006.
ATTEST:
e ity Clerk, city
range 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 November, 2006, by the
following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:COUNCILMEMBERS: Smith, Murphy, Cavecche,
Dumitru COUNCILMEMBERS:
None COUNCILMEMBERS:
None COUNCILMEMBERS:
None Mary
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PROGRAM SUPPLEMENT NO. N062 Rev. 1 Adv Project ID Date: February 16, 2017
to 1214000010 Location: 12- ORA -0 -ORA
ADMINISTERING AGENCY -STATE AGREEMENT Project Number: HSIPL- 5073(074)FOR FEDERAL -AID PROJECTS NO 12 -5073R E.A. Number:
Locode: 5073
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 01/08/07 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.approved by the Administering Agency on
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:
Various locations throughout the City of Orange
TYPE OF WORK: Upgrade crosswalks and solar - powered flashing beacons LENGTH: 0.0(MILES)
Estimated Cost Federal Funds Matching Funds
MS30 51,999.00 LOCAL OTHER
307,811.00
ZS30 225,029.00
30,783.0 0.00
CITY OF ORANG STATE OF CALIFORNIA
t i /k „
met)tepart of Transportation
By
Title RA61 c moo/ 1C3 b;rec{t) i
Chief, Office of Project Implementation
Date 2017 Division of Local Assistance
Attest C1m,e_A dek,
Date
I hereby certify upon my pers nal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer Date 9` /R2/277.028.00
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
APPROVED AS TO FORM
Program Supplement 12- 5073R- N062 -R1- ISTEA Page 1 of 6EW. WINTHERS
City Attorney
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV. 01/2010)
Page 1 of 1
TO: STATE CONTROLLER'S OFFICE DATE PREPARED:PROJECT NUMBER:
Claims Audits 2/17/2017 1214000010
3301 "C" Street, Rm 404 REQUISITION NUMBER / CONTRACT NUMBER:
Sacramento, CA 95816 1214000010 HSIPL- 5073(074) CT - 125073062N- 10
FROM
Department of Transportation
SUBJECT:
Encumbrance Document
VENDOR / LOCAL AGENCY
CITY OF ORANGE
277,028.00
PROCUREMENT TYPE:
Local Assistance
CHAPTER STATUTES ITEM YEAR PEC / PECT TASK / SUBTASK AMOUNT
23 2016 2660- 102 -0890 2016 -2017 2030010550 2620/0420 227,528.00
10 2015 2660- 102 -0890 2015 -2016 2030010550 2620/0420 22,500.00
21 2012 2660- 102 -0890 2012 -2013 2030010550 2620/0420 27,000.00
Total 277,028.00
ADA Notil For individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654 -6410 of TDD (916) -3880 or writeRecordsandFormsManagement, 1120 N. Street, MS -89, Sacramento, CA 95814.
12- ORA -O -ORA
02/16/2017
HSIPL- 5073(074)
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- 5073R- N062 -R1- ISTEA Page 2 of 6
12- ORA -0 -ORA
02/16/2017
HSIPL- 5073(074)
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- 5073R- N062 -R1- ISTEA Page 3 of 6
12- ORA -O -ORA
02/16/2017
HSIPL- 5073(074)
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- 5073R- N062 -R1- ISTEA Page 4 of 6
12- ORA -0 -ORA 02/16/2017
HSIPL- 5073(074)
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) 10300 -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
FHWA.
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- 5073R- N062 -R1- ISTEA Page 5 of 6
12- ORA -O -ORA
02/16/2017
HSIPL- 5073(074)
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.
0. 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- 5073R- N062 -R1- ISTEA Page 6 of 6
RESOLUTION NO. 10143
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 June 10, 1997 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 July 10, 1997 (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 1997 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
AS>reernents wnuld cnhcPniPnt ha antArg.A intr. h.. +„rl ho +..,, ., l.. i ... t r t r__._ r_.. 1_ _
STATE OF CALIFORNIA )
COUNTY OF ORANGE SS.
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, DO HEREBY CERTIFY that the
foregoing Resolution No. 10143 adopted November 14, 2006 is a true and correct copy of the original as it
appears on record in this office.
WITNESS my hand and Seal this 15th day of November, 2006.
SEAL)C
City Clerk-of ti ity of Orange
RESOLUTION NO. 10143
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 June 10, 1997 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 July 10, 1997 (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 1997 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.
t :.. . w X11 Program Supplement Agreements as they occur under the New Master
greement 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 November, 2006.
ORIGINAL SIGNED BY
Mark A vfy, Mayor, City of Orange
ATTEST:
I IGINAL SIGNED Bar
x F. Nit J (R p H
Mary, 1 City Clerk, 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 November, 2006, by the following
vote:
AYES:COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru
NOES:COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
jRIGINAL SIGNED BY
MAW F. MURPHY
Mary E. Murphy, City Clerk, City of Orange
2
AGENDA ITEM
0 .
08 , x ,November 14, 2006 Meeting
ReviewedNeri ; I By
City Manager
Finance DirectTO:Honorable Mayor and
Members of the City Council To Be Present it Farber
THRU:John W. Sibley X Cons Calendar City Mgr Rpts
City Manager Council Reports Legal Affairs
Boards /Cmtes Public Hrgs
FROM:Gail Farber, y a je2/ 4„. _Admin Reports Plan/Environ
Public Works Director /City Engineer
1.SUBJECT
Revised Master Agreement, (Administering Agency — State Agreement), Agreement No.
12 -5073R between the City of Orange and the State of California for Federal -Aid
Projects, through the California Department of Transportation ( Caltrans).
2.SUMMARY
A Master Agreement is a requirement for receiving federal funds for local agency projects.
This Revised Master Agreement incorporates the various changes in regulations and policies.
3.RECOMMENDED ACTION/MOTION
Approve the Revised Master Agreement No. 12 -5073R and authorize the Mayor and the City
Clerk to execute on behalf of the City.
4.FISCAL IMPACT
Approval of the agreement requires no funding obligation at this time. No fiscal impact.
5. AUTHORIZATION /GUIDELINES
Pursuant to the City's administrative policy, the City Council has the authority to enter into
agreements with other governmental agencies.
6.DISCUSSION and BACKGROUND
The current Local Agency — State Agreement for Federal Aid Projects No. 12 -5073 (AGR-
0343.A) executed by the City of Orange and Caltrans on July 10, 1997, has been revised to
incorporate various changes in federal regulations and policies. Execution of this Agreement
ITEM 3. 7 11/14/06
Printed on Recycled Paper
enables the City of Orange to continue to receive and administer funding from the Intermodal
Surface Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation
Authorization Bills to fund transportation programs which include, but is not limited to,
Surface Transportation Program (STP), the congestion Mitigation and Air Quality
Improvement Program (CMAQ), the Transportation Enhancement Program (TE), Highway
Safety Improvement Program (HSIP), and the Highway Bridge Program (HBP). The
approval of this Agreement will facilitate implementation of transportation related Capital
Improvement Program projects scheduled to receive federal funds.
7. ATTACHMENTS
C.I.P. Projects scheduled to receive Federal Funds.
Revised Master Agreement / Administering Agency — State Agreement for Federal -Aid
Projects.
N: \ADMIN \LYoung \Council Items \ Nov- 14\ MasterAgreement FederalAidPmjects.doc
ITEM 11/14/06
Printed on Recycled Paper
STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G. BROWN Jr., Governor
DEPARTMENT OF TRANSPORTATION
of Local Assistance
1120 N STREET r,4" - 5
P.O. BOX 942874, MS# 1
Sacramento, CA 94274 -0001
TTY 711
916) 654-3883
Fax (916) 654 -2408 File : 12- ORA -O -ORA
HSIPL- 5073(074)
March 17, 2017
Various locations throughout the
City of Orange
Mr. Joe Defrancesco
Public Works Director
City of Orange
230 E. Chapman Avenue
Orange, CA 95866 -1591
Dear Mr. Defrancesco:
Enclosed are two originals of the Administering Agency - Federal Master Agreement No. 12- 5073R. The Master
Agreement has been revised to incorporate the various changes in regulations and policies.
Please sign both copies of the Master Agreement and return them to this office, Office of Local Assistance - MS1
within 60 days from the date of this letter. If the signed Agreements are not received back in this office within 60 days,
this agreement will be rescinded. Alterations should not be made to the agreement language. ATTACH YOUR LOCAL
AGENCY'S CERTIFIED AUTHORIZING RESOLUTION THAT CLEARLY IDENTIFIES THE PROJECT AND THE
OFFICIAL AUTHORIZED TO EXECUTE THE AGREEMENT. A fully executed copy of the agreement will be returned to
you upon ratification by Caltrans.
Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer.
Sincerely,
l
Ziff‘ AMBROSINI, Acting Chief
Office of Project Implementation - South
A-D
Division of Local Assistance
Enclosure
c: DLA AE Project Files
12) DLAE - Tifini Tran
CITY OF ORANGE
CONTRACT /AGREEMENT TRANSMITTAL
ROUTE TO:RECORDS MANAGER
FROM:Medel B. Llanes Ext. 5535
DEPT. HEAD APPROVAL:
Of contract and funds)Date]
COUNCIL DATE:Not Applicable
f applicable]
SUBJECT:Program Supplement No. N062 Rev 1 between Caltrans and the City for the
Preliminary Engineering and Construction of HSIP 14 Intersections Upgrade (SP -3857)
ACCOUNT NO: 263.5032.56100.20194 Gas Tax 14 Intersections Upgrade 15,000.00
550.5032.56100.20194 HSIP -14 Intersections Upgrade 240,000.00
TOTAL 255,000
TOTAL COST:
NOTES: This revision 1 to the program supplement is to reflect the additional $55k HSIP funds for the
engineering and construction of the project. The City Council passed Resolution No. 10143 authorizing the
Director of Public Works or his assigns to execute all Program Supplements (attached). After approval as
to form, please forward the two Program Supplements with a copy of the Resolution No. 10143 to Caltrans
Office of Project Implementation — MS1 (refer to attached Caltans Cover letter for mailing information).
Upon receipt of fully executed Program Supplement from Caltrans, please provide copy to Medel Llanes for
the project files. Thank you.
All attached certificates shall be reviewed and approved by the City Attorney and City Clerk's
offices.
Department of Public Works
Contract - Agreement Transmittal N:DPW forms]