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HomeMy WebLinkAboutCA, STATE, TRANSPORTATION (CALTRANS) 1d - 2007II-a`t-ofS O: ' P ~`~ C'-i yy PROGRAf SUPPLEMENT NO Y M093 Rev. 1 to ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 12-5063 A-2007-295D Date:October 30,2008 Location :12-ORA-O-S A Project Number:BHLS-5063(091) E.A. Number:l2-931671 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 10/16/97 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 oFResolution 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 [he following pages. PROJECT LOCATION: McFadden Avenue over the Santa Ana River, Br. No. SSC-0163 TYPE OF WORK: Bridge rehabilitation LENGTH: 0.1 (MIL83) Estimated Coat Federal FUnde Matching Funds L1C0 $466,830.00 LocAL OTHER $643,625.00 Q100 $50,160.00 $126,635.00 $0.00 $0.00 CITY OF SANTA STATE OF CALIFORNIA Department of Transportation Hy Date L U _ i ttest Title ~- _ ® !/ C6 By Chief, Offfce ofProject Implementation Division of Local Assistance Date L hereby certify upon my peso al know edge that bud ed fu¢da era availab le for t h i encumbrance ~ / , ,, ,~ j ~ Accounting Officer Date ~( (J ~ 5516,990.00 Chapter Statutes Item Year am aC Category Pund Source AMOIINT 268 2008 2660-102-890 2008-2009 20.30.010.300 C 224060 892-F 466,830.00 157 2003 2660-102-890 2003-2004 20.30.010.300 C 224060 892-F 50,160.00 Program Supplement 12-5063-M093-R1 ISTEA Page 1 of 4 12-ORA-O-SA. BHLS-SU63(091) SPECIAL COVENANTS OR REMARKS 10/30/2008 1. 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. 2. The ADMINISTERING AGENCY will reimburse the STATE for the ADMINISTERING AGENCY share of coats for work requested to be performed by the STATE. 3. 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. 4. The ADMINISTERING AGENCY will advertise, award and administer this project in.accordance with the current published Local Assistance Procedures Manual. 5, 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. 6. 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 Program Supplement 12-5063-M093-R1 ISTBA Page 2 of 4 loi3oi2ooa 12-ORA-O-SA. BHLS-563(091) SPECIAL COVENANTS OR REMARKS 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. Pleases refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 7. 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. 8, 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)'unleas no further State or Federal funds are needed for those future phase(s). 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 auras 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 irrevocably reverted by the Department's Division of Accounting on that date. Program Suppleme¢t 12-5063-M093-R1 ISTEA Page 3 of 4 12-(lRA-0-$A BHLS-5063(091) 10/30/2008 SPECIAL COVENANTS OR REMARKS 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 ba reimbursed only out ofavailable 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. lO.The Administering Agency shall not discriminate on the basis or 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 Administrating Agency's DBE Implementation Agreement is " xico'rporated 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 12-5063-M093-R1 ISTBA Page 4 of 4 RESOLUTION N0.2007-023 ?!5 3/G7 les A RESOLUTION OF THE CITY COUNCIL Or THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE THE REVISED ADMINISTERING AGENCY-FEDERAL MASTER 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: f~'Sv~3 A. The City of Santa Ana ("City") has an existing Administering Agency- Federal Master Agreement No. 12-5g93 ("Agreement") with the Oalifornia 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. 1~2-fin January 12, 2007. This Agreement has been revised to incorporate v~nous ~hanges in regulations and policies. Section 2: The City 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-g683R. ' i~-5o63 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, 2D07. Resoluiior I'~o. 2007-023 Pnnc. 1 ..f 7