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Home My WebLink AboutCALIFORNIA, STATE OF - DEPARTMENT OF TRANSPORTATION (CALTRANSPROGRAM SUPPLEMENT NO. 0000OA329 to ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO 12-5063S21 Adv. Protect ID Date: 1223000100 Location: Project Number: E.A. Number: A-2015-179-19 October 31, 2023 12-ORA-0-SA ATPL-5063(212) Return FULLY EXECUTED Locode: 5063 rz \,, NOV 1 7 Z023 Copy to COTC, M-30 C � .FrA�k-S�r) This Program Supplement, effective 10/19/2023, hereby adopts and incorporates into the Administering Agency -State Agreement No. 12-5063S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 07/19/2021 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. 2015-043 approved by the ADMINISTERING AGENCY on 8114/15 (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 encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages. PROJECT LOCATION: Orange Avenue from 'Est Street to Warner Avenue in the City of Santa Ana TYPE OF WORK: Bike Path LENGTH: 2.0(MILES) Estimated Cost State Funds Matching Funds $85,000.00 STATE $85,000.00 LOCAL_ $0.00 OTHER $0.00 CITY OF SANTA ANA 6 Executive Director, Public Works Agency Title STATE OF CALIFORN Departmen) of Trtinsp By 1 OIL Chie Office of Project Implementation Date LP1 2_,QZ3 Divi on of Local Assistance Attest Date 11 /27/2023 ennifer L CTM-Clerk I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date 10/31/2023 $85,000.00 Program Supplement 12--506-A329- SERIAL Page 1 of 4 PROGRAM SUPPLEMENT NO. 0000OA329 to A-2015-179-19 Adv. Project ID Date: October 31, 2023 1223000100 Location: 12-ORA-0-SA ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO 12-5063S21 Project Number: ATPL-5063(212) E.A. Number: Locode: 5063 1L5!,*))^"d Copy to COTC, M-30 This Program Supplement, effective 10/19/2023, hereby adopts and incorporates into the Administering Agency -State Agreement No. 12-5063S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 07/19/2021 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. 2015-043 approved by the ADMINISTERING AGENCY on 8/14115 (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 encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages. PROJECT LOCATION: Orange Avenue from 1st Street to Warner Avenue in the City of Santa Ana TYPE OF WORK: Bike Path LENGTH: 2.0(MILES) Estimated Cost State Funds Matching Funds $85,000.00 STATE $85,000.00 LOCAL $0.00 OTHER $0.00 CITY OF SANTA ANA Title Executive Director, Public Works Agency Date yv Let 2oZ3 Attest ennifer L I i erk 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 Date 10/3112023 $85,000,00 Program Supplement 12--506-A329-SERIAL Page 1 of 4 12-ORA-0-SA ATPL-5063(212) SPECIAL COVENANTS OR REMARKS 1. A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT, B. This PROJECT is programmed to receive State funds from the Active Transportation Program (ATP). 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. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures. C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE -approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE. D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria 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 SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below. Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), 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. Program Supplement 12--506-A329- SERIAL Page 2 of 4 12.ORA-0-SA ATPL-5063(212) SPECIAL COVENANTS OR REMARKS 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 to complete and accept the construction within 36 months of award. F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after 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 of invoices for the construction phase. G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. H. 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 LAPM and the Active Transportation Program (ATP) Guidelines. I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations requirements which may be accessed at: www.dot.ca.gov/hq/audits/. ADMINISTERING AGENCY agrees to comply with, and require all sub -recipients and project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal and State laws and regulations. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be used to determine the allowability of individual PROJECT cost items. Any Fund expenditures for costs for which ADMINISTERING AGENCY has received Program Supplement 12--506-A329- SERIAL Page 3 of 4 12.ORA-0-SA ATPL-5063(212) SPECIAL COVENANTS OR REMARKS payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third -party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission. J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended. K. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountability and Transparency Guidelines. 2. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. Program Supplement 12--506-A329- SERIAL Page 4 of 4 e/2411 B Le RESOLUTION NO.20'15.043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE ALL PROGRAM SUPPLEMENT AGREEMENTS REQUIRED BY ADMINISTERING AGENCY -STATE MASTER AGREEMENT FOR STATE FUNDED PROJECTS BETWEEN THE CITY OF SANTA ANA AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section : The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Legislature of the State of Californla has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entitles qualified to act as recipients of these State funds. B. The City of Santa Ana ("City") has an existing Administering Agency-Stato Master Agreement No, 00289S ("Master Agreement") with the California Department of Transportation ("CalTrans") that was revised on January 19, 2010. This Agreement provides for the City to receive reimbursement for such State funded projects, C. During the term of the Master Agreement, program supplement agreements are required In order for the City to recolve and administer the reimbursement of funding for State funded projects. D. The execution of this resolution Public Works Agency to execute order for the City to receive and for State funded projects. authorizing the Executive Director of the all program supplements is necessary in administer the reimbursement of funding Section 2: The City Council hereby authorizes the Executive Director of the Public Works Agency to execute all program supplements agreements required by the Administering Agency -State Agreement for State Funded Projects. Section 3: This Resolution shall take effect Immecilately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Rosolutlori No. 2016.043 Page 1of 2 ADOPTED this O day of August, 2015 APPROVED AS 1*0 FORM: Sonia R. Carvaiho, City Attorney By: ®r&& "-- c.e(_.- Lisa Storck Assistant City Attorney AYES: NOES: Councllmembers: Councilmembers: incenf Sarmiento, Mayor Pro Tern for Miguel A. Pulldo, Mayor Amezcua, Benayldes Reyna, Sarmionto {4) None (0) ABSTAIN: COUnclimembers: Nang (0) NOT PRESENT: Councllmembers: Mardnez Pulldo. Tina1ero (3) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015-043 to be the original resolution adopted by the City Council of the City of Santa Ana on August 4, 2015. Date: 0 . 91 --- Clerk of the Council City of Santa Ana Resolution No, 201M43 Page 2 of 2