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HomeMy WebLinkAboutC-3293(A) - Program Supplemental Agreement for Arterial Highway Rehabilitation Program Projects - Program Supplement No. M005 with the State of California for the construction of San Joaquin Hills Road from Jamboree Road to MacArthur Boulevard, with federfz� PROGRAM SUPPLEMENT NO. M013 Rev. 2 Adv Project ID Date: August 10, 2011 to 1200000408 Location: 12-ORA-0-NPTB ADMINISTERING AGENCY -STATE AGREEMENT i Project Number: STPLZ-5151(015) Pt J\ FOR FEDERAL -AID PROJECTS NO 12-5151 E.A. Number: 12-402414 Locode: 5151 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 05/21/97 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. 2001-2 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: Jamboree Road over San Diego Creek (Br. Nos. 55C-0149 (L & R) and the Goldenrod Avenue pedestrian bridge (Br. No. 55C-0151) over Bayside Drive TYPE OF WORK: Seismic retrofit LENGTH: 0.0(MILES) Estimated Cost Federal Funds Matching Funds _ - BMTO $1,158;415.00 LOCAL IPROP1B- $135,575:001 OTHER i BNAO $78,120.00 STATE $71,702.001 $2,122,000.00 gMYO $257,080.00 $83,800.00 $0.0( L240 $337,308.00 - - By Title Date Attest STATE OF CALIFORNIA Department of Transportation By _ Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer_. r L�� `. �4_ _— Date _ �3_._ + $2.038.200.00 Chapter Statutes Item f Year Program 1 BC Category Fund Source AMOUNT i Program Supplement 12 -5151 -M013 -R2- ISTEA Page 1 of 4 W-UKA-U-NY 11:5 STPLZ-5151(015) SPECIAL COVENANTS OR REMARKS 08123/2011 1. The ADMINISTERING AGENCY agrees to advertise the project no later than six (6) months after receipt of the structural plans, specifications and estimates from the State. 2. This PROJECT is programmed to receive State Proposition 1 B Bond funds from the Local Bridge Seismic Retrofit Account (LBSRA) to provide the required match to federal Highway Bridge Program (HBP) funds on this PROJECT. The PROJECT will be administered in accordance with the Proposition 1B Local Bridge Seismic Retrofit Account Guidelines adopted by the California Transportation Commission (CTC) and its amendments, accountability requirements of the Governor's Executive Order # S-02-07, PROJECT Baseline Agreement, and this Program Supplement Agreement (PSA). ADMINISTERING AGENCY agrees the PROJECT Baseline Agreement and any amendments thereto are hereby made a part of this PSA. 3. The ADMINISTERING AGENCY agrees to use local funds to match that portion of the work not eligible for match under The State Seismic Program. 4. 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). 5. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 6• 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. Program Supplement 12 -5151 -M013 -R2- ISTEA Page 2 of 4 1Z-UKA-U-IVY 1 0 STPLZ-5151(015) SPECIAL COVENANTS OR REMARKS 0 8/2 312 01 1 These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. T 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. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual, 8. 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 encumberances 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. 9. The 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 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.). Program Supplement 12 -5151 -M013 -R2- ISTEA Page 3 of 4 iL-urw-u-rvr 10 STPLZ-5151(015) SPECIAL COVENANTS OR REMARKS uS/Z3/Zu11 10. 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 Excluded Parties List System (EPLS). 11. The ADMINISTERING AGENCY acknowledges that Local Bridge Seismic Retrofit Account (LBSRA) funds will only be available to ADMINISTERING AGENCY if: 1) the LBSRA has sufficient funds, 2) the funds are appropriated by the legislature, and 3) the California Transportation Commission (CTC) provides an allocation of the Proposition 1B State Seismic Match funds. In addition, any federal Highway Bridge Program (HBP) funds authorized under Advance Construction (AC) procedures for eligilble seismic retrofit work must be converted to a real obligation of federal funds (via a modified E-76) prior to requesting reimbursement of the associated federal and LBSRA match funds. Program Supplement 12 -5151 -M013 -R2- ISTEA Page 4 of 4 RESOLUTION NO. 2001- 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DELEGATING AUTHORITY TO CITY MANAGER TO APPROVE PROGRAM SUPPLEMENTS WITH CALTRANS FOR LOCAL ASSISTANCE TRANSPORTATION PROJECTS WHEREAS, the Legislature of the State of California has enacted legislation by which certain Federal funds may be made available for use on local transportation facilities of public entities qualified to act as recipients of these federal funds in accordance with the intent of Federal law, and WHEREAS, a certain amount of these funds has been apportioned to the City of Newport Beach (the City), and City Council has appropriated these funds for certain street improvement projects; and WHEREAS, to receive the reimbursement of said funds the City is required to execute the Administering Agency -State Agreement for Federal -Aid Projects, No. 12-5151, as adopted on May 21, 1997, and a Program Supplement Agreement for each specific project; and WHEREAS, Paragraph 5 of Article i, Project Administration, of the Master Agreement allows a local agency goveming body to delegate the authority to manage the Program Supplements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows; SECTION 1. The City Manager be, and hereby is, delegated the authority to endorse the individual Program Supplement Agreements to the Administering Agency -State Agreement for Federal -Aid Projects. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED this 9th day of January , 2001. i Mayor -� STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2001.2 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th day of January, 2001, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of January, 2001. (Seal) City Clerk Newport Beach, California STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF(REV. 0112010) Clains Audits 3301 "C" Street, Rm 404 Sacramento, CA 95816 Department of Transportation SUBJECT: Encumbrance Document VENDOR J LOCAL AGENCY CITY OF NEWPORT BEACH CONTRACT AMOUNT. $1,563,000.00 PROCUREMENT TYPE: Local Assistance 0/11 UISITION NUMBER / CONTRACT NUMBER: 3121200000016 Page _ of _ 1200000408 I HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED EMCUMBRANCE AND PURPOSE OF THE EXPEDNITURE STATED ABOVE. FUNDS ARE AVAILABLE FOR THIS CHAPTER STATUTES ITEM YEAR PEC/PECT TASK (SUBTASK AMOUNT 1 2009 2660-102-890 2009-2010 20.30.010.690 2240/0600 $ 984,444.00 1 2009 2660-102-890 2009-2010 20.30.010.690 2240/0600 310,749.00 1 2009 2660-102-042 2009-2010 20.30.010.690 2240/0600 40,261.00 268 2008 2660-120-662 2008-2009 20.30.010.690 2280/0100 127,546.00 1 2009 2660-102-890 2009-2010 20.30.010.690 2240/0600 61,971.00 1 2009 2660-102-890 2009-2010 20.30.010.690 2240/0600 26,559.00 1 2009 2660-102-042 2009-2010 20.30.010.690 2240!0600 3,441.00 268 2008 2660-120-662 2008-2009 20.30.010.690 2280/0100 8.029.00 ADA NOtu 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, OF CALIFORNIA — BUSINESSMIANSPORTATION AND HOUSING AGENCY DEPARTMENT OF DESIGN AND LOCAL PROGRAMS P.O. BOX 942874, MS #1 SACRAMENTO, CA 94274-0001 TDD (916) 654-4014 (916) 654-3151 Fax: (916) 654-2409 TRANSPORTATION Mr. Don Webb Director of Public Works City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Attn: Mr. Fong Tse, Engineering Division Dear Mr. Webb: July 16, 1999 C-'�2-93 GRAY DAVIS, Governor JUL 2 01999 File: 12-ORA-0-NPTB STPLMA-515 P IN THE CITY ORT BEACH - Enclosed is your fully executed copy of Program Supplement Agreement No. 005-M to Administering Agency -State Agreement No. 12-5151 covering: Construction for the above -referenced project. Enclosure: cc: OLP AE Project Files (12) DLAE- Alan Williams 'We'll Find a Way' Sincerely, HUGH G. BRADY, Chief Project Implementation Office of Local Program EXCLTRFD.FRX 0 PROGRAM SUPPLEMENT NO. M005 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12-5151 0 Date: April 27, 1999 Location :12-ORA-0-NPTB Project Number:STPLMA-5151(008) E. A. Number . 12-931121 This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between the Agency and the State on 05/21/97 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. 99 -*7, approved by the Agency on 4-.19-1141 (See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: In the City of Newport Beach - San Joaquin Hills Road from Jamboree Rd. to MacArthur Blvd. TYPE OF WORK: Rehab (E) AC Roadway Pavement LENGTH: 1 (MILES) PROJECT CLASSIFICATION OR PHASES) OF WORK [ ] Preliminary Engineering [ ] Construction Engineering [ ] Right -Of -Way [X] Construction Estimated Cost Federal Funds Matching Funds $963,390.00 34B $258,368.00 LOCAL $705,022.00 $0,00 1 OTHER $0,00 CITY OF NEWPORT BEACH STATE OF CALIFORNIA Department of Transportation I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Off' x/ / l✓ //t/' / ) Date J / $258,368.00 Chapter Statutes Item ear krogAm BC Category Fund source AMOUNT 324 1998 2660-101-890 8-9 20.30.010.810 C 262040 267040 892-F 258,368.00 Program Supplement 12-5151-MO05- ISTEA Page 1 of 2 32=0RI�+-0 NPTB , • 04/2711999 STPLMA-5151(008) SPECIAL COVENANTS OR REMARKS 1. The Local Agency will reimburse the State for their share of costs for work requested to be performed by the State. 2. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR -2A) or the FNM -76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs Project Implementation. 3. The Local Agency will advertise, award and administer this project in accordance with the current Local Assistance Procedures Manual. 4. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article III MAINTENANCE of the aforementioned Master Agreement will be the responsibility of the Local Agency and shall be performed at regular intervals or as required for efficient operation of the completed improvements. Program Supplement12-5151-M005- ISTEA Page 2 of 2 RESOLUTION NO. 99 - 47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TO ENTER INTO PROGRAM SUPPLEMENTAL AGREEMENTS WITH THE STATE OF CALIFORNIA FOR ARTERIAL HIGHWAY REHABILITATION PROGRAM PROJECTS THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: WHEREAS, the City is eligible for Federal -aid construction funding under the Federal Highway Administration Arterial Highway Rehabilitation Program (AHRP); and WHEREAS, the projects approved for AHRP funding are known as San Joaquin Hills Road from Jamboree Road to MacArthur Boulevard, San'Joaquin Hills Road from MacArthur Boulevard to Marguerite Avenue, Jamboree Road from East Coast Highway to San Joaquin Hills Road, and Irvine Avenue from Santiago Drive to Tustin Avenue; and WHEREAS, to obtain reimbursement for said projects, the City must enter into program supplements with the State of California and incorporate the program supplements into the City -State Agreement for Federal Aid, which was entered into between the City of Newport Beach and the State of California on May 21, 1997. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby approve the Program Supplemental Agreements with the State of I California for the AHRP Funding Projects, and authorizes its staff to execute the agreements. Adopted this 28th day of June 1999. ATTEST: 071AI . City Clerk tk sm4)bwW iaradVwdudona%ahrp.dm STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 99-47, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of June, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor ONeil Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of June, 1999. (Seal) City Clerk of the City of Newport Beach, California cSTATE OF CALIFORNIA — BUSINESSIRANSPORTATION AND HOUSING AGENCY • GRAY DAVIS, Governor DEPARTMENT OF TRANSPORTATION DESIGN AND LOCAL PROGRAMS P.O. BOX 942874, MS #1 SACRAMENTO, CA 94274-0001 TDD (916) 654-4014 (916)654-3151 Fax: (916) 654-2409 July 16, 1999 File: 12-ORA-0-NPTB STPLMA-515 IN THE CITY NEWPORT BEACH Mr. Don Webb Director of Public Works City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Attn: Mr. Fong Tse, Engineering Division Dear Mr. Webb: Enclosed is your fully executed copy of Program Supplement Agreement No. 006-M to Administering Agency -State Agreement No. 12-5151 covering: Construction for the above -referenced project. Enclosure: cc: OLP AE Project Files (12) DLAE- AlanWilliams Sincerely, jHUGH G. BRADY, Chief Project Implementation Office of Local Program "We'll Find a Way' EXCLTRFD.FRX �.' PROGRAM SUPPLEMENT NO. M006 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12-5151 Date: April 27, 1999 Location :12-ORA-0-NPTB Project Number:STPLMA-5151(009) E:A. Number: 12-931122 This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between the Agency and the State on 05121/97 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. y 9_5ty, approved by the Agency on 4 —.2ff 9 f f (See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: In the City of Newport Beach - San Joaquin hills Road from MacArthur Blvd. to Marguerite Ave. TYPE OF WORK: Rehab (E) AC Roadway Pavement LENGTH: 0.7 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right -Of -Way [X] Construction [ ] Construction Engineering Estimated Cost Federal Funds Matching Funds $589,930.00 34B $177,274.00 LOCALOTHER $412,656.00 $0,00 $0.00 CITY OF NEWPORT BEACH Date Attest Title STATE OF CALIFORNIA Department of Transportation By Chief, Office of Local Programs Project Implementation Date 7/ /yV I hereby certify upon my peraon v / e that budgeted funds are available for this encumbrance: Accounting Offi� Date 41_';L?' 9 l $177,274.00 Chapter Statutes Item ya P gram BC Category Bund Source AMOUNT 324 1998 2660-101-890 98 9 20.30.010.810 C 262040 262040 892-F 177,274.00 Program Supplement 12-5151-MO06- ISTSA Page 1 of 2 12-dlkA'D-NPTB 6`. STPLMA-5151(009) 9 0 SPECIAL COVENANTS OR REMARKS 04/27/1999 1. The Local Agency will reimburse the State for their share of costs for work requested to be performed by the State. 2. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Fedeial-Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR -2A) or the FNM -76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs Project Implementation. 3. The Local Agency will advertise, award and administer this project in accordance with the current Local Assistance Procedures Manual. 4. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article III MAINTENANCE of the aforementioned Master Agreement will be the responsibility of the Local Agency and shall be performed at regular intervals or as required for efficient operation of the completed improvements. Program Supplement12-5151-M006- ISTEA Page 2 of 2 RESOLUTION NO. 99 - 47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TO ENTER INTO PROGRAM SUPPLEMENTAL AGREEMENTS WITH THE STATE OF CALIFORNIA FOR ARTERIAL HIGHWAY REHABILITATION PROGRAM PROJECTS THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: WHEREAS, the City is eligible for Federal -aid construction funding under the Federal Highway Administration Arterial Highway Rehabilitation Program (AHRP); and WHEREAS, the projects approved for AHRP funding are known as San Joaquin Hills Road from Jamboree Road to MacArthur Boulevard, San Joaquin Hills Road from MacArthur Boulevard to Marguerite Avenue, Jamboree Road from East Coast Highway to San Joaquin Hills Road, and Irvine Avenue from Santiago Drive to Tustin Avenue; and WHEREAS, to obtain reimbursement for said projects, the City must enter into program supplements with the State of California and incorporate the program supplements into the City -State Agreement for Federal Aid, which was entered into between the City of Newport Beach and the State of California on May 21, 1997. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby approve the Program Supplemental Agreements with the State of 0 California for the AHRP Funding Projects, and authorizes its staff to execute the agreements. Adopted this 28th day of ATTEST: City Clerk eWxnbbwWharadVwduuwuwvp.dm .Tune 1999. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 99-47, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of June, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O Neil Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of June, 1999. (Seal) City Clerk of the City of Newport Beach, California STATE OF CALIFORNIA - DEPARTMENT OF DESIGN AND LOCAL PROGRAMS P.O. BOX 942874, MS #1 SACRAMENTO, CA 94274-0001 TDD (916) 654-4014 (916)654-3151 Fax: (916) 654-2409 Mr. Don Webb AND HOUSING AGENCY �# GRAY DAVIS, Governor 3�13 TRANSPORTATION Director of Public Works City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Attn: Mr. Fong Tse, Engineering Division Dear Mr. Webb: L July 19, 1999 File: 12-ORA-0-NPTB STPLMA-5151(010) IN THE CITY OF NEWPORT BEACH JAMBOREE RD. FROM COAST HIGHWAY TO SAN JOAQUIN HILLS RD. Enclosed is your fully executed copy of Program Supplement Agreement No. 008-M to Administering Agency -State Agreement No. 12-5151 covering: Construction for the above -referenced project. Enclosure: cc: OLP AE Project Files (12) DLAE- Alan Williams Sincerely, IIZJHUGH G. BRADY, Chief %/ Project Implementation Office of Local Program 'We'll Find a Way' EXCLTRFD.FRX PROGRAM SUPPLEMENT NO. MOOS to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12-5151 Date: June 02, 1999 Location: 12 -ORA -0-N PTB Project Number:STPLMA-5151(010) E.A. Number: 12-931143 This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between the Agency and the State on 05121/97 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Agency on & -a g-1991(See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: In the City of Newport Beach - Jamboree Rd. from Coast Highway to San Joaquin Hills Rd. TYPE OF WORK: Rehab (E) AC Roadway Pavement LENGTH: I(MILES) PROJECT CLASSIFICATION OR PHASES) OF WORK [ } Preliminary Engineering [ ] Right -Of -Way [X] Construction ( ] Construction Engineering Estimated Cost Federal Funds Matching Funds $585,200.00 34B $151,609.00 LOCAL $433,591.00 $0,00 OTHER 50.00 CITY OF NEWPORT BEACH A STATE OF CALIFORNIA Department of Transportation Accounting VM�!J/ i Date t7 - 2 - 95 $151.609.00 Chapter Statutae Itam Year Program HC J Category Fund Source AMOUNT 324 1998 2660-101-890 98- .30.01 C 262040 892-F 151,609.00 Program Supplement 12-5151-M000- ISTEA Page 1 of 2 T2-ORA-0-NPTB • . 06/02/1999 STPLMA-5151(010) SPECIAL COVENANTS OR REMARKS 1. The Local Agency will reimburse the State for their share of costs for work requested to be performed by the State. 2. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR -2A) or the FNM -76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs Project Implementation. 3. The Local Agency will advertise, award and administer this project in accordance with the current Local Assistance Procedures Manual. 4. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article III MAINTENANCE of the aforementioned Master Agreement will be the responsibility of the Local Agency and shall be performed at regular intervals or as required for efficient operation of the completed improvements. Program Supplementl2-5151-MOOe- ISTEA Page 2 of 2 RESOLUTION NO. 99 - 47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TO ENTER INTO PROGRAM SUPPLEMENTAL AGREEMENTS WITH THE STATE OF CALIFORNIA FOR ARTERIAL HIGHWAY REHABILITATION PROGRAM PROJECTS THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: WHEREAS, the City is;eligible for Federal -aid construction funding under the Federal Highway Administration Arterial Highway Rehabilitation Program (AHRP); and WHEREAS, the projects approved for AHRP funding are known as San Joaquin Hills Road from Jamboree Road to MacArthur Boulevard, San'Joaquin Hills Road from MacArthur Boulevard to Marguerite Avenue, Jamboree Road from East Coast Highway to San Joaquin Hills Road, and Irvine Avenue from Santiago Drive to Tustin Avenue; and WHEREAS, to obtain reimbursement for said projects, the City must enter into program supplements with the State of California and incorporate the program supplements into the City -State Agreement for Federal Aid, which was entered into between the City of Newport Beach and the State of California on May 21, 1997. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby approve the Program Supplemental Agreements with the State of California for the AHRP Funding Projects, and authorizes its staff to execute the agreements. Adopted this 28th day of June 1999. 05 MAZ� -dt"' " "JA MAM Ua Attorney ATTEST: �i , A/'v-e' City Clerk f.W3M\pbv+l3haredtrea UWft\OM.dM STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 99-47, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of June, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of June, 1999. (Seal) City Clerk of the City of Newport Beach, California STATE OF CALIFORNIA — BUSINESSOWNSPORTATION AND HOUSING AGENCY • C— 3IfJ3 GRAY DAVIS, Governor DEPARTMENT OF TRANSPORTATION DESIGN AND LOCAL PROGRAMSB } r P.O. BOX 942874, MS #1 SACR ') 6 4401494274-0001 TDID a , 2 61999 (916) 654-3151 Fax: (916) 654-2409 L July 19, 1999 File: 12-ORA-0-NPTB STPLMA-5151(011) IN THE CITY OF NEWPORT BEACH - Mr. Don Webb Director of Public Works City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Attn: Mr. Fong Tse, Engineering Division Dear Mr. Webb: Enclosed is your fully executed copy of Program Supplement Agreement No. 007-M to Administering Agency -State Agreement No. 12-5151 covering: Construction for the above -referenced project. Enclosure: cc: OLP AE Project Files (12) DLAE- Alan Williams Sincerely, V HUGH G. BRADY, Chief Project Implementation Office of Local Program 'We'll Find a Way' EXCLTRFD.FRX 9 0 ' _.. PROGRAM SUPPLEMENT NO. M007 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12-5151 Date: June 02, 1999 Location :12-ORA-0-NPTB Project Number: STPLMA-5151(01 1) E. A. Number: 12-931151 This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between the Agency and the State on 05121/97 and is subject to all the terms and conditions thereof. This Program Su plemeni is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. �9 approved by the Agency on 6-a$-1199 (See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: In the City of Newport Beach - Irvine Ave: Santiago Dr. to Tustin Ave. TYPE OF WORK: Rehab. (E) AC Roadway Pavement LENGTH: 0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Construction Engineering [ ] Right -Of -Way [X] Construction Estimated Cost Federal Funds Matching Funds $322,300.00 34B $82,087.00 LOCALOTHER $240,213.00 $0,00 $0.00 CITY OF NEWPORT BEACH STATE OF CALIFORNIA I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting OfficDate 582,087.00 Chapter Statutes Item YearProgr BC Category Fund Source AMOUNT 324 1998 2660-101-890 98-9 0.30.0 C 262040 892-F 82,087.00 Program Supplement 12-5151-ta007- ISTEA Page 1 of 2 ,12 ORA:b-NPTB . • 06/02/1999 STPLMA-5151(011) SPECIAL COVENANTS OR REMARKS 1. The Local Agency will reimburse the State for their share of costs for work requested to be performed by the State. 2. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR -2A) or the FNM -76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs Project Implementation. 3. The Local Agency will advertise, award and administer this project in accordance with the current Local Assistance Procedures Manual. 4. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article III MAINTENANCE of the aforementioned Master Agreement will be the responsibility of the Local Agency and shall be performed at regular intervals or as required for efficient operation of the completed improvements. Program Supplement 12-5151-M007- ISTEA Page 2 of 2 RESOLUTION NO. 99 - 47 17, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TO ENTER INTO PROGRAM SUPPLEMENTAL AGREEMENTS WITH THE STATE OF CALIFORNIA FOR ARTERIAL HIGHWAY REHABILITATION PROGRAM PROJECTS THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: WHEREAS, the City is eligible for Federal -aid construction funding under the Federal Highway Administration Arterial Highway Rehabilitation Program (AHRP); and WHEREAS, the projects approved for AHRP funding are known as San Joaquin Hills Road from Jamboree Road to MacArthur Boulevard, San Joaquin Hills Road from MacArthur Boulevard to Marguerite Avenue, Jamboree Road from East Coast Highway to San Joaquin Hills Road, and Irvine Avenue from Santiago Drive to Tustin Avenue; and WHEREAS, to obtain reimbursement for said projects, the City must enter into program supplements with the State of California and incorporate the program supplements into the City -State Agreement for Federal Aid, which was entered into between the City of Newport Beach and the State of California on May 21, 1997. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby approve the Program Supplemental Agreements with the State of California for the AHRP Funding Projects, and authorizes its staff to execute the agreements. Adopted this 28th day of .rune 1999. B f' Mayor ATTEST: City Clerk t.W mVbw%sharedVwdudons\ahrp.doc STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 99-47, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of June, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor ONeil Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of June, 1999. (Seal) City Clerk of the City of Newport Beach, California 9 BY THE CITY COUNCIL CITY OF N"',!VPCRT PE EACH JUN 2 8 TO: Mayor and Members of the City Council FROM: Public Works Department June 28, 1999 CITY COUNCIL AGENDA ITEM NO. 4 SUBJECT: PROGRAM SUPPLEMENTAL AGREEMENT WITH THE STATE OF CALIFORNIA FOR ARTERIAL HIGHWAY REHABILITATION PROGRAM PROJECTS RECOMMENDATIONS: 1. Approve Program Supplement No. M005 with the State of California for the construction of San Joaquin Hills Road from Jamboree Road to MacArthur Boulevard, with federal authorization number STPLMA 5151 (008). 2. Approve Program Supplement No. M006 with the State of California for the construction of San Joaquin Hills Road from MacArthur Boulevard to Marguerite Avenue, with federal authorization number STPLMA 5151 (009). 3. Approve Program Supplement No. M007 with the State of California for the construction of Irvine Avenue from Santiago Drive to Tustin Avenue, with federal authorization number STPLMA 5151 (011). 4. Approve Program Supplement No. M008 with the State of California for the construction of Jamboree Road from East Coast Highway to San Joaquin Hills Road, with federal authorization number STPLMA 5151 (010). 5. Adopt Resolution No. 99 - authorizing staff to enter into Program Supplements with the State of California. DISCUSSION: In 1998 staff applied to the Orange County Transportation Authority (OCTA) to compete against other Orange County agencies for Federal Highway Administration (FHWA) Arterial Highway Rehabilitation Program (AHRP) funds to share the cost of rehabilitating certain portions of San Joaquin Hills Road, Jamboree Road, and Irvine Avenue in the City. Although OCTA approved all of our applications for federal -aid funds, the funding and reimbursement authorizations are to be administered through Caltrans. Upon notification of project selection, staff arranged and submitted the final plans, specifications, cost estimates, and certification package for each project to Caltrans District 12 for their reviews and authorizations processing in Sacramento. SUBJECT: Program Supplemental ment With The State Of California For Arterial Hi g� Rehabilitation Program Projects June 28, 1999 Page 2 The AHRP funding amounts approved by Caltrans in Sacramento are as follows: Project Description Federal Authorization No. Supplement No. Amount San Joaquin Hills Road STPLMA-5151-(008) M005 $258,368.00 San Joaquin Hills Road STPLMA-5151-(009) M006 $177,274.00 Irvine Avenue STPLMA-5151-(011) M007 $ 82,087.00 Jamboree Road STPLMA-5151-(010) M008 $151.609.00 Total: $669,338.00 Similar to the AHRP requirement that no project can be advertised for bids without first securing a federal authorization number for the project, Caltrans will not approve any reimbursement requests without first having an executed Program Supplemental Agreement between the City and the State of California for the project. As such, a Resolution is needed authorizing staff to execute the Supplements (attached). RpectfoVIly su ed,PORKS DEPARTMENT Don Webb, Director By. Fong Tie Associate Civil Engineer Attachments: Program Supplement No. M005 Program Supplement No. M006 Program Supplement No. M007 Program Supplement No. M008 Resolution 0 \\mis_t\sys\usersipMNsharedkounciffy98-9gyune-28tahrp.doc PROGRAM SUPPLEMENT NO. M005 to ADMINISTERING AGENCY -STATE AGREEMENT *pOR FEDERAL -AID PROJECTS NO. 12-5151 0 Date: April 27, 1999 Location: l2-0RA-0-NPTB Project Number:STPLMA-5151(008) E. A. Number: 12-931121 This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between the Agency and the State on 05!21!97 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Agency on (See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setfonh on the following pages. PROJECT LOCATION: In the City of Newport Beach - San Joaquin Hills Road from Jamboree Rd. to MacArthur Blvd. TYPE OF WORK: Rehab (E) AC Roadway Pavement LENGTH: I (MLES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ } Preliminary Engineering [ ] Construction Engineering [ ] Right -Of -Way [X] Construction Estimated Cost Federal Funds Matching Funds $963,390.00 34B $258,368.00 LOCAL $705,022.00 $0,00 OTHER $0.00 CITY OF NEWPORT BEACH n STATE OF CALIFORNIA Department of Transportation I hereby certify upon my personal knowl �ed dgg e that budgeted funds are available for this pencumbrance: Accounting Off � Date �' �' J 7 _ $258,368.00 Chapter I Statutes Item ear QZEBC I Category Fund Source ]MOUNT 324 1998 2660-101-890 8-4 20.30.010.810 C 262040 262040 892-F 258,368.00 Program Supplement 12 -5151 -MOOS- ISTEA Page 1 of 2 !7-ORA-0-NPTB • • 04/27/1999 STPLMA-5151(008) SPECIAL COVENANTS OR REMARKS 1. The Local Agency will reimburse the State for their share of costs for work requested to be performed by the State. 2. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR -2A) or the Fieri -76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs Project Implementation. 3. The Local Agency will advertise, award and administer this project in accordance with the current Local Assistance Procedures Manual. 4. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article III MAINTENANCE of the aforementioned Master Agreement will be the responsibility of the Local Agency and shall be performed at regular intervals or as required for efficient operation of the completed improvements. Program Supple nt12-5151-M005- ISTEA 0 0 Page 2 of 2 0 PROGRAM SUPPLEMENT NO. M006 to ISTERING AGENCY -STATE AGREEMENT FEDERAL -AID PROJECTS NO. 12-5151 I- L-1 Date: April 27, 1999 Location: 12 -ORA -0 -NM Project Number. STPLMA-5 151(009) E:A. Number: 12-931122 This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between the Agency and the State on 05/21/97 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Agency on (See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: In the City of Newport Beach - San Joaquin hills Road from MacArthur Blvd. to Marguerite Ave. TYPE OF WORK: Rehab (E) AC Roadway Pavement LENGTH: 0.7 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK f ] Preliminary Engineering [ ] Construction Engineering [ ] Right -Of -Way [X] Construction Estimated Cost Federal Funds Matching Funds $589,930.00 34B 5177,274.00 LOCAL $412,656.00 $0,00 OTHER $0.00 CITY OF NEWPORT BEACH STATE OF CALIFORNIA Department of Transportation BY Date Attest Title IAJ V4 &I 5 (� C'G57ti+l.t T L 0 ; f t/ C (P�[C �c►pr O B a� �4FORN�r BY Chief, Office of Local Programa Project Implementation Date I hereby Certify upon my person1 owe a that budgeted funds are available for thisencmabrance: Accounting Offiiy/xm V / Datez/ %) $177,274.00 Chapter Statutes Item Ye P at Category Bund Source AMDUM 324 1998 2660-101-890 949 20.30.010.810 C 262040 262040 892-F 177,274.00 Program Supplement 12-5151-M006- ISTP.A Page 1 of 2 r- 12-dPA-0-NPTB • • 04/27/1999 t . STPLMA-5151(009) SPECIAL COVENANTS OR REMARKS 1. The Local Agency will reimburse the State for their share of costs for work requested to be performed by the State. 2. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR -2A) or the FNM -76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs Project Implementation. 3. The Local Agency will advertise, award and administer this project in accordance with the current Local Assistance Procedures Manual. 4. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article III MAINTENANCE of the aforementioned Master Agreement will be the responsibility of the Local Agency and shall be performed at regular intervals or as required for efficient operation of the completed improvements. Program Supplement 12-5151-M006- ISTEA Page 2 of 2 0 0 0 PROGRAM SUPPLEMENT NO. M007 to MINISTERING AGENCY -STATE AGREEMENT FEDERAL -AID PROJECTS NO. 12-5151 0 Date:June 02, 1999 Location: 12-ORA-0-NPTB Project Number: STPLMA-5151(01 1) E.A. Number t 12-931151 This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between the Agency and the State on 05/21/97 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Agency on (See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: In the City of Newport Beach - Irvine Ave: Santiago Dr. to Tustin Ave. TYPE OF WORK: Rehab. (E) AC Roadway Pavement LENGTH: 0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering ( ] Construction Engineering [ ] Right -Of -Way [X] Construction Estimated Cost Federal Funds Matching Funds $322,300.00 34B $82,087.00 LOCAL $240,213.00 OTHER $0,00 $0,00 CITY OF NEWPORT BEACH STATE OF CALIFORNIA Department of Transportation By BY Chief, Office of Local Programs Date Project Implementation Attest Date Title I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Offic Date $82,087.00 Chapter I Statutes Item Year Progr HC I Category Fund source AMOUNT 324 1998 2660-101-890 98-9 o.30.OW4a C 262040 892-F 82,087.00 0 Program Supplement 12-5151-MO07- ISTEA Page 1 of 2 7 12-ORA-0-NPTB • 06/02/1999 STPLMA-5151(011) SPECIAL COVENANTS.OR REMARKS 1. The Local Agency will reimburse the State for their share of costs for work requested to be performed by the State. 2. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR -2A) or the FNM -76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs Project Implementation. 3. The Local Agency will advertise, award and administer this project in accordance with the current Local Assistance Procedures Manual. 4. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article III MAINTENANCE of the aforementioned Master Agreement will be the responsibility of the Local Agency and shall be performed at regular intervals or as required for efficient operation of the . completed improvements. Program Supplement12-5151-X007- ISTEA 2 Page 2 of 2 is PROGRAM SUPPLEMENT NO. M008 to 'MINISTERING AGENCY -STATE AGREEMENT FEDERAL -AID PROJECTS NO. 12-5151 0 Date:June 02, 1999 Location:12-ORA-0-NPTB Project Number:STPLMA-5151(010) E. A. Number: 12-931143 This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between the Agency and the State on 05/21/97 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Agency on (See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: In the City of Newport Beach - Jamboree Rd. from Coast Highway to San Joaquin Hills Rd. TYPE OF WORK: Rehab (E) AC Roadway Pavement LENGTH: I (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK ( ] Preliminary Engineering [ ) Construction Engineering [ ] Right -Of -Way [X] Construction Estimated Cost Federal Funds Matching Funds $585,200.00 34B $151,609.00 LOCAL $433,591.00 OTHER 50.00 $0,00 CITY OF NEWPORT BEACH STATE OF CALIFORNIA Department of Transportation BY By Chief, Office of Local.Programs Date Project Implementation Attest Date Title I hereby cartify upon '/mypersonal knowledgetthja�t budgeted funds are available for this encumbrance: Accounting Office/ m �p// Date $151,609.00 Chapter Statutes Item Year program SC Category Fund Source AMOUNT 324 1998 2660-101-890 98-9 .30.01W C 262040 892-F 151,609.00 0 Program Supplement 12-5151-M008- ISTP,A Page 1 of 2 12-ORA-0-NPTB • STPLMA-5151(010) 16 0 SPECIAL COVENANTS OR REMARKS 06/02/1999 1. The Local Agency will reimburse the State for their share of costs for work requested to be performed by the State. 2. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR -2A) or the FNM -76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs Project Implementation. 3. The Local Agency will advertise, award and administer this project in accordance with the current Local Assistance Procedures Manual. 4. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article III MAINTENANCE of the aforementioned Master Agreement will be the responsibility of the Local Agency and shall be performed at regular intervals or as required for efficient operation of the completed improvements. Program Supplement12-5151-14008- ISTEA Page 2 of 2 0 0 9 9 RESOLUTION NO. 99 -_ C1 z 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TO ENTER INTO PROGRAM SUPPLEMENTAL AGREEMENTS WITH THE STATE OF CALIFORNIA FOR ARTERIAL HIGHWAY REHABILITATION PROGRAM PROJECTS THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: WHEREAS, the City is eligible for Federal -aid construction funding under the Federal Highway Administration Arterial Highway Rehabilitation Program (AHRP); and WHEREAS, the projects approved for AHRP funding are known as San Joaquin Hills Road from Jamboree Road to MacArthur Boulevard, San Joaquin Hills Road from MacArthur Boulevard to Marguerite Avenue, Jamboree Road from East Coast Highway to San Joaquin Hills Road, and Irvine Avenue from Santiago Drive to Tustin Avenue; and WHEREAS, to obtain reimbursement for said projects, the City must enter into program supplements with the State of California and incorporate the program supplements into the City -State Agreement for Federal Aid, which was entered into between the City of Newport Beach and the State of California on May 21, 1997. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby approve the Program Supplemental Agreements with the State of 0 California for the AHRP Funding Projects, and authorizes its staff to execute the agreements. Adopted this APPROVED: City Attorney ATTEST: day of M 1999. Mayor I* City Clerk 0 f:Wsers1pbwlsharedlresolutlonslahrp.doc 6AJ RESOLUTION NO. 99 - 47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TO ENTER INTO PROGRAM SUPPLEMENTAL AGREEMENTS WITH THE STATE OF CALIFORNIA FOR ARTERIAL HIGHWAY REHABILITATION PROGRAM PROJECTS THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: WHEREAS, the City is eligible for Federal -aid construction funding under the Federal Highway Administration Arterial Highway Rehabilitation Program (AHRP); and WHEREAS, the projects approved for AHRP funding are known as San Joaquin Hills Road from Jamboree Road to MacArthur Boulevard, San Joaquin Hills Road from MacArthur Boulevard to Marguerite Avenue, Jamboree Road from East Coast Highway to San Joaquin Hills Road, and Irvine Avenue from Santiago Drive to Tustin Avenue; and WHEREAS, to obtain reimbursement for said projects, the City must enter into program supplements with the State of California and incorporate the program supplements into the City -State Agreement for Federal Aid, which was entered into between the City of Newport Beach and the State of California on May 21, 1997. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby approve the Program Supplemental Agreements with the State of 9 California for the AHRP Funding Projects, and authorizes its staff to execute the agreements. Adopted this 28th day of ATTEST: City Clerk twsers%pbMshared4esoludons%ahrp.doc June 1999. STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 99-47, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of June, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29tb day of June, 1999. (Seal) City Clerk of the City of Newport Beach, California • PROGRAM SUPPLEMENT NO. M016 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12-5151 i Date -June 12,2006 Location: l2-0RA-&-NPTB Project Number:STPL-5151(019) E.A. Number: 12-931757, This Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 05/21/97 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. araI - -2- , approved by the Administering Agency on j — q -Of (See copy attached). The Administering Agency further stipulates that as a condition to the payment by 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 setforth on the following pages. PROJECT LOCATION: Jamboree Road from Ford Road to San Joaquin Hills Toll Road (SR 73) TYPE OF wOR&: Road rehabilitation LENGTH: 0.5 (MILES) Estimated Cost Federal Funds Matching Funds $1,087578.00 Q230 - $400,000.00 - LOCAL $687,578.00 $0.00 OTHER $0.00 CITY OF NEWPORT BEACH By 1�►^� Z� Date Attest Title STATE OF CALIFORNIA Departmen ooff Transports 'on BY `9`iIAA.G/� 7z J Chief, Office of Project implementation Division of Local/ Assistance Date I hereby certify upon my Personal knowledge that budgeted funds are available for this QnCUM mace: Accounting officer Date �(/�/�li $400,000.00 Chapter I statutes Item . Year Program HC Category Fund source I AMOIRIT 38 2005 2660-102-890 2005-2006 20.30.010.810 C 262040 892-F Program Supplement 12-5151-M016- ISTMA 11 111 11 Page 1 of 5 12,0RA-0-N1y1'B • • 06/12/2006 STPL-5151(019) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will reimburse the STATE for the ADMINISTERING AGENCY share of costs for work requested to be performed by the STATE. 2. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration (FHWA) in the Federal -Aid Project Authorization/Agreement or Amendment/Modification (E-76) and accepts any resultant increases in ADMINISTERING AGENCY funds.as shown on the Finance Letter, any modification thereof as approved by the Division of Local Assistance, Office of Project Implementation. 3. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the most current published Local Assistance Procedures Manual. 4. The ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act and OMB A-133 if it receives a total of $500,000 or more in federal funds in a single fiscal year. The federal funds received under this project are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning & Research. OMB A-133 superceded OMB A-128 in 1996. A reference to OMB A-128 in a Master Agreement (if any) is superceded by this covenant to conform to OMB A-133. 5. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after the project contract award. A copy of the award package shall also be included with the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract to: Department of Transportation Division of Accounting Local Programs Accounting Branch, MS#33 P. O. Box 942874 Sacramento, CA 94274-0001 Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 nAward Package" of the Local Assistance Procedures Manual Program Supplement 12-5151-M016- ISTEA Page 2 0£ 5 12-ORA-O=NPTB • ;TPL-5151(019) and LPP 01-06. 0 0&1212006 SPECIAL COVENANTS OR REMARKS 6. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available for new phase(s) of work 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. 7. 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). S. All project repair, replacement and maintenance involving the physical condition and the operation of project improvements referred to in Article III MAINTENANCE, of the aforementioned Master Agreement will be the responsibility of the ADMINISTER' AGENCY and shall be performed at regular intervals and as required for efficient operation of the completed project improvements. 9. Any State and Federal funds that may have been encumbered, for this project are only available for disbursement for a period of five (5) years and seven (7) years, respectively, from the start of the fiscal year(s) that those funds were appropriated within the State Budget Act. All project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested and is approved by the California Department of Finance per Government Code Section 16304. The exact date of each .fund reversion will be reflected in the approved finance letter(s) issued for this project. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement that is not submitted to the Department on or before 60 days after that applicable fixed fund reversion date will not be paid from that fiscal year's encumbered funds because all of these unexpended funds will be Program Supplement 12-5151-NO16- ISTEA Page 3 of 5 2 -ORA -0 -NM • • 06/12/2006 TPL-5151(019) SPECIAL COVENANTS OR REMARKS irrevocably reverted by the Department's Division of Accounting on that date. Pursuant to a directive from the State Controller's Office and the Department of Finance, the last date to submit invoices for reimbursed work in each fiscal year is May 15th in order for payment to be made out of those then current appropriations. Project work performed and invoiced after May 15th will be reimbursed only out of available funding that might be encumbered in the subsequent fiscal year, and then only when those funds are actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office. 3.0. "ADMINISTERING AGENCY certifies that neither the ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this agreement. ADMINISTERING AGENCY agrees that it will notify the STATE ima diately, in the event a suspension or a debarment happened after the execution of this agreement." 11.The Administering Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE Program or the requirements of 49 CFR Part 26. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to.ensure nondiscrimination in the award and administration of DOT -assisted contracts. The Administering Agency's DBE Program, as required by 49 CFR Part 26 and as approved by Caltrans, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification.to the recepient of its failure to carry out its approved program, Caltrans may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 D.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 D.S.C. 3801 et seg.). 12. Billing Cycle ADMINISTERING AGENCY agrees to subunit invoices in arrears for reimbursement of participating PROJECT costs at least once every program Supplement22-5151-M016- ISTBA Page 4 of 5 12-ORA-4-NP1B • • 06/12/2006 STPL-5151(019) SPECIAL COVENANTS OR REMARKS six months commencing after the funds are encumbered for each phase by the execution of this PROJECT PROGRAM SUPPLEMENT or by STATE's future approval of an applicable Finance Letter. The total of all invoiced amounts claimed, plus any required matching funds, must not exceed the actual total cost allowable under this PROGRAM SUPPLEMENT for all authorized and completed PROJECT engineering work, right of way acquisition, and construction. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY shall submit a written explanation (with target billing date and target billing amount) of the absence of PROJECT activity. Should ADMINSTERING AGENCY fail to invoice for participating PROJECT costs incurred (including a written explanation when no invoice is submitted) within one year of the issuance of the PROJECT authorization to proceed by STATE or from the next invoice due date following the last PROJECT invoice, STATE may de -obligate and reassign to another party any unexpended Federal funds without notice to ADMINSTERING AGENCY. STATE may also not process any future request for authorization .to proceed submitted by the.ADMINSTERING AGENCY. Final Billing ADMINISTERING AGENCY agrees that it shall submit the Final Invoice and Final Detail Estimate within 180 days of PROJECT completion. ADMINISTERING AGENCY's'failure to submit these documents will result in sanctions imposed upon ADMINISTERING AGENCY by STATE in accordance with Chapter 17.6, "Consequences For Non -Compliance", of the Local Assistance Procedures Manual. De -obligate Federal Funds for Construction Phase ADMINISTERING AGENCY agrees that if the estimated PROJECT construction cost is less than the obligated amount for construction by more than $50,000, that excess amount of federal funds initially obligated is subject to de -obligation by STATE once the project has been awarded by ADMINSTERING AGENCY. Program SuDPlement 12-5151-M016- ISTEA Page 5 of 5 RESOLUTION NO. 2001- 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DELEGATING AUTHORITY TO CITY MANAGER TO APPROVE PROGRAM SUPPLEMENTS WITH CALTRANS FOR LOCAL ASSISTANCE TRANSPORTATION PROJECTS WHEREAS, the Legislature of the State of California has enacted legislation by which certain Federal funds may be made available for use on local transportation facilities of public entities qualified to act as recipients of these federal funds in accordance with the intent of Federal law; and WHEREAS, a certain amount of these funds has been apportioned to the City of Newport Beach (the City), and City Council has appropriated these funds for certain street improvement projects; and WHEREAS, to receive the reimbursement of said funds the City is required to execute the Administering Agency -State Agreement for Federal -Aid Projects, No. 12-5151, as adopted on May 21, 1997, and a Program Supplement Agreement for each specific project; and WHEREAS, Paragraph 5 of Article 1, Project Administration, of the Master Agreement allows a local agency governing body to delegate the authority to manage the Program Supplements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: SECTION 1. The City Manager be, and hereby is, delegated the authority to endorse the individual Program Supplement Agreements to the Administering Agency -State Agreement for Federal -Aid Projects. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED this 9th day of January , 2001. ATTEST: City Clerk Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH ) I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2001-2 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council., duly and regularly held on the 9a day of January, 2001, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 1011 day of January, 2001. (Seal) City Clerk Newport Beach, California