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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
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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