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PROGRAM SIIPPLHMHNT NO. N129
to
ADMIN29TERING AGENCY-STATH AGREEMENT
FOR FEDERAL-AID PROJHCTS NO. 12-5063R
A-2007-295B
Date:October 27,2008
Loc at ion:12-ORA-O-SA
Project Number:RPSTPLE-5063(117)
B.A. Number:l2-402604
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 01!12/07 and is subject [o 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 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 Remazks setforth
on the foQowing pages.
PROJECT LOCATION:
Along the MacArthur Boulevard frontage bicycle trail to the Santa Ana River
TYPE OF NORR: Bike trail enhancements
LENGTH: 0.1 (MILES)
Estimated Coat ..Federal Funds ~ Matching Funds
$46,664.00 L220 $23,332.00 LOCAL
$23,332.00
$0.00 OTHER
$0.00
CITY OF SANTA ANA
By
Date
Attea
Title ~~K./1 .lam
~~
STATE OF CALIFORNIA
Department of Transportation
Ey
Chief, Office of Project Implementatioa
Division of Local Assistance
Date
I hereby certify upon my person
Accounting Officer knowledge that
/ budgeted funds era available for this encumbrance:
Data ~~ ~ ~
$23,332.00
Chap tar Statutes Item ear Pr ram SC Category Pund Source AMOONT
268 2008 2660-101-890 2008-2009 20.30.600.731 S 228010 892-F 23,332.00
Program Supplement 12-5063 R-N129- ISTEA
Page 1 of 7
12-ORA-OSA
10/27/2008
RPSTPLE-5063(117)
SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the current published Local
Assistance Procedures Manual.
2. 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 ADMINISTERING
AGENCY and shall be performed at regular intervals and as
required for efficient operation of the completed project
improvements.
3. This PROJECT is programmed to receive Federal Transportation
Enhancement Activities (TEA) fund. The ADMINISTERING AGENCY
agrees that any functional or operational change to a TEA
PROJECT, before, during or after PROJECT acquisition and/or
construction, that does not comply with, or is in conflict with,
the TEA program requirements and the original purpose of the'
project at the time it was programmed may render the PROJECT ' !-
ineligible for ;Federal reimbursement and ADMINISTERING AGENCY may
be required to reimburse STATB the entire amount of TEA funds
contributed to the project or the value of the TEA fund
contribution, based upon the fair market value of the acquisition
and/or construction, at the time the conflict and/or
non-compliance is determined, whichever is greater.
4. This PROJECT is programmed to receive funding from the State
Transportation Improvement Program (STIP). Funding may be
provided under one or more components. A component(s) specific
fund allocation is required, in addition to other requirements,
before reimbursable work can occur for the component(s)
identified. Each allocation will be assigned an effective date
and identify the amount of funds allocated per component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement
of eligible PROJECT expenditures for the component(s) allocated.
The start of reimbursable expenditures is restricted to the later
of either 1) the effective date of the Master Agreement, 2)the
effective date of the PROGRAM SUPPLEMENT, or 3)the effective date
of the component specific allocation.
5. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may
Program Supplement l2-5063R-N129- ISTEA Page 2 °£ ~
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RPSTPLE-5063(117)
SPECIAL COVENANTS OR REMARKS
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approve supplementary allocations, time extensions, and fund
transfers between components. An approved time extension will
revise the timely use of funds criteria, outlined above, for the
component(s) and allocation(s) requested. Approved supplementary
allocations, time extensions, and fund transfers between
components, made after the execution of this PROGRAM SIIPPLEMENT
will be documented and considered subject to the terms and
conditions thereof.
Documentation for approved supplementary allocations, time
extensions, and fund transfers between components, will be a
STATE, approved Allocation Letter, Fund Transfer Letter, Time
Extension Letter, and Finance Letter, as appropriate.
6. This PROJECT will be administered in accordance with the CTC STIP
guidelines, as adopted or amended, and the STATE Procedures for
Administering Local Grant Projects in the State Transportation
Improvement Program (STIP), the Local Assistance Program
Guidelines, .and the Local Assistance Procedures. Manual. The. .
submittal 'of invoices for project costa shall be in accordance '-
with the above referenced publications and the following.
~, The p,DMINISTERING.AGENCY shall invoice STATE for environmental &
permits, plans specifications & estimate, and right-of-way costs
no later than 180 days after the end of last eligible fiscal year
of expenditure. For construction costa, the ADMINISTERING AGENCY
has 180 days after project completion to make the final payment
to the contractor and prepare the final Report of Expenditures
and final invoice, and submit to STATE for verification and
payment.
8. All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature and
the encumbrance of funds under this Agreement. Funding and
reimbursement are available only upon the passage of the State
Budget Act containing these STATE funds.
g, 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,
Program Supplement 12-5063R-N129- ISTHA Page 3 of 7
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RPSTPLE-5063(117)
SPECIAL COVENANTS OR REMARKS
Highway Planning & Research. OMB A-133 superseded OMB A-128 in
1996. A reference to OMB A-128 in a Master Agreement (if any) is
superseded by this covenant to conform to OMB A-133.
10. 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.
il.Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer within 60 days 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 "Award Package" of the Local Assistance Procedures Manual.
12. 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.
13. 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
Program Supplement 12-5063R-N129- ISTEA Page 4 of ~
12-OR?:-O-SA
10/27/2008
RPSTPLE-5063(117)
SPECIAL COVENANTS OR REMARKS
are needed for those future phase(s).
14. 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.df these unexpended funds will be
irrevocably reverted by the Department's-Division of Accounting
on that data.
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.
15. "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 immediately, in the event a
suspension or a debarment happened after the execution of this
agreement."
16. 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 Supplement 12-5063R-N129- ISTEA Page 5 of 7
12=ORA'-O=SA
RPSIPLE-5063(117)
10/27/2008
SPECIAL COVENANTS OR REMARKS
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 administrating
Agency's DBE Race-Neutral Implementation Agreement 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 DBE Race-Neutral Implementation Agreement, Caltrana may
impose sanctions as provided for under 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 II.S.C. 3801 et seq.).
17. This PROJECT is subject to the timely use of funds provisions
enacted by Senate Bill 45 (SB 45), approved in 1997, and
subsequent CTC guidelines and State procedures approved by the
CTC and STATEy..as outlined below:
Funds allocated for the. environmental & permits, plan
specifications & estimate, and right-of-way components are
available for expenditure until the end of the second fiscal year
following the year in which the funds were allocated.
Funds allocated for the construction component are subject to an
award deadline and contract completion deadline. ADMINISTERING
AGENCY agrees to award the contract within 6 months of the
construction fund allocation and complete the construction or
vehicle purchase contract within 36 months of award.
18. 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,. and invoice payments for any
on-going or future federal-aid 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,
Program Supplement l2-5063 R-N129- ISTBA Page 6 of 7
12~ORd-O=SA
RPSTPLE-5063(117)
10/27/2008
SPECIAL COVENASPPS OR REMARKS
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.
i9. 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 DB8 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 Eadeaal`-assiated.contracta.'-
The Administrating 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.).
20. The ADMINISTERING AGENCY will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
Program Supplement l2-5063 R-N129- ISTEA Page 7 of 7
RcSOLUT;ON N0.2007-023
~' i 310- Ies
A, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN T A ANA AUTHORIZING THE EXECUTIVE DIRECTOR
Or THE PUBLIC WORKS AGENCY TO EXECUTE THE
REVISED ADMINISTERING AGENCY-FEDERAL tv1ASTER
AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION TO REIMBURSE
THE CITY OF SANTA ANA FOR FEDERALLY FUNDED
PROJECTS
BE IT P.ESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS
FOLLOWS:
Section 1: The City Council of the City of Santa Ana hereby finds, determines and
declares as follows:
l~.~C~olo3
A, The City of Santa Ana ("City") has an existing Administering Agency-
Federal Master Agreement No. 12-5~fr3 ("Agreement") with the California
Department of Transportation ("CalTrans'"). This Agreement provides for the
City's reimbursement of federally funded projects.
B. CalTrans presented the City with a revised Administering Agency-Federal
Master Agreement Na. ~-5~683-~n January 12, 2007. This Agreement has been
revised to incorporate v~nous°~anges in regulations and policies.
Section 2: The Gity Council hereby authorizes the Executive Director of the Public
Works Agency to execute all program supplement agreements required by the revised
Administering Agency-Federal Master Agreement No. 12-6693fZ. ` ~,'~,
i.z-5o63 V`' '
Section 3: This Resolution shall take effect immediately upon its adoption by the
City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 5~h day of March, 20D7.
Resolution IJo. 2DD7-023
Pano ti „r ~