Loading...
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