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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 E. D 17 N 0 r°° N N N <3 n o O 07 D D oo O ° A fl:D r 5 :( 1 00 0 o m N j m 0 a 0 Z o 0 0p n U D 3 O Om O O m O n Z CD o'i 0 1:X D-1 w rn cn o0 jiy. 7 N Z p K O N N N Z m O Ni 1 O D O0 T T T 1 0 1 3 O m 7 y j C m N n Z 5. 41 7 I Z N N N (, O n ITI co Z (n 0 0 0 0 O t'n 7 N 0-0ZWCOCOacoO 00000 m t m N 7 7 2 7 o N en A C D O D co co 0 Sri D CD j' Z CA co T 0 O Z rA 0 m n N 0 0 3 vx 3 c D y M 3091S / A Z N 7 O 9 ,I EA N 69 Vj a C D V V N 0 0 4f.G r 0 N W Fo O 0 o Co o 0 d N V N-%V T fA CD 0 0 0 m 0 fl N y/ , i9 V 0CD 0 CD e ocoDOCaj 'd o o T D Z o co t `o n 'l` -s i T m ill m m w m A O Z lb , O r ca. J '"'j mm m CD 0 p 3 O W to to 0 p Z a 7 v N S V y r N O N N 1 D Zcr. 0. 7 0 o o 1 0 M O CD M o o X 7 7 N 0 rry D 0 y «'mmO N eo Z 3 N 7- % "s p A b 0 Z q 1 N 0 O o 6 0 o m Ill 0 0 m A 0 o Q a 3 D m CDDornmO CD 7 C CO Z 7'14!7. c 0 7 O a c8 m g m o 0 cu d, m 0 m 0 Um n Fo D C cD N 7 a F» 3 cfl 4 n3 A ao O.p u'f,.,W r 0 a, - 0 Z D o T N o o o t 2 o Z 3 N 0 0 m T a 0 o 0 N N 3 D D 25 0 0 A 7 I 37 71 o o 7 O x m p. O n N m m O 000 Om cz, 0 0 0 w O a 3 a D N F o sf co 010SWN 3 0 S N O 9 z T a . o D 0 A o co 07 N N N U o o Z N CD O. O I Z 0 O N o 0 CA O W UD N Oj 0 O O O Cn N70 8 E. Q N sn r N O O p O m 7 c p D o N y cn C O oo O w V 0 tT V7 r D N m o i 0 o D ). cD c f.. ) p 0 O W 1 w 0 V 30 N V C N G 7 0 0 t p N A i N j O s m D 0 d m 3 ,Z 9. D 0 a to 0 cD II 0 7 o o o 0 2. O O n 7 7 m1 3 a nco mi7 0 3 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]