HomeMy WebLinkAboutCALIFORNIA, STATE OF - DEPARTMENT OF TRANSPORTATION (CALTRANS) (5063216) Return FULLLY EXECUTED A-2021-124-08
0 P W Ct] Copy to COTC, M-30
PROGRAM SUPPLEMENT NO. 0000OA455 Adv. Project ID Date: February 13, 2024
to 1224000055 Location: 12-ORA-0-SA
ADMINISTERING AGENCY-STATE AGREEMENT Project Number: ATPL-5063(216)
FOR STATE FUNDED PROJECTS NO 12-5063S21 E.A. Number:
Locode: 5063
z3 This Program Supplement, effective 01/2612024, 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
w 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. p24L j-051 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 encumbered to this project, Administering Agency accepts and will comply with the Special
Covenants and remarks set forth on the following pages.
PROJECT LOCATION: Jackson & Diamond Elementary safe routes to schools.
TYPE OF WORK: Pedestrian Walkway LENGTH: 0.0(MILES)
Estimated Cost State Funds Matching Funds
STATE $100,000.00 LOCAL OTHER
$100,000.00 $0.00 $0.00
CITY OF SANTA ANA STATE OF CALIFORNIA
Department of Transportation
t , Digitally signed by Ferdinand
1`ly Ferdinand Batatan Batatan
B 4 ,17 A- By Date:2024.03.05 17:38:22-05'00'
ItIe Executive Director Chief Office of Project Implementation
for � J
Date Division of Local Assistance
Attest 1''" '" Date 03/05/2024
Jennifer L.
ler of the Co I
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer Date 2/13/2024 $100,000.00
Program Supplement 12--506-A455-SERIAL Page 1 of 4
12-ORA-0-SA
ATPL-5063(216)
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-A455-SERIAL Page 2 of 4
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ATPL-5063(216)
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-A455-SERIAL Page 3 of 4
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ATPL-5063(216)
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 S131 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-A455-SERIAL Page 4 of 4
jmf 5f26121
RESOLUTION NO. 2021-039
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
NO. 12-5063S21 FOR STATE FUNDED PROJECTS
BETWEEN THE CITY OF SANTA ANA AND THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION
BE IT RESOLVE❑ 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:
A. The Legislature of the State of California has enacted legislation by which
certain State funds are made available for use on local transportation related
projects of public entities qualified to act as recipients of these State funds.
B. The City of Santa Ana ("City") has an existing Administering Agency State
Master Agreement No. 00289S (Master Agreement) with the California
Department of Transportation (Caltrans) with an effective date of January 19,
2010. This Master Agreement provides for the City to receive reimbursements
for such State funded projects. y
C. On May 10, 2021, the City received a revised Master Agreement with revised
Master Agreement No. 12-5063S21 . The Revised Master Agreement No. 12-
5063S21 incorporates various changes in regulations and policies.
D. Under the Revised Master Agreement No. 12-5063S21, project-specific
Program Supplements are issued, and these Program Supplements constitute
the contractual basis for Caltrans to reimburse the City for State funded
transportation projects.
Section 2. The City Council hereby authorizes the Executive Director of the
Public Works Agency to execute all Program Supplement Agreements required by
Revised Master Agreement No. 12-5063S21 .
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 6th day of July, 2021.
Resolution No. 2021-039
Page 1 of 2
jmf 5/26/21
s
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By. '�4 �. -f
J hn M. Funk
Sr. Assistant City Attorney
AYES: Councilmembers Bacerra, Hernandez, Lopez, Mendoza, Phan,
Penaloza Sarmiento 7
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None 0
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2021-039 to be the original resolution adopted by the City Council of the
City of Santa Ana on July 6, 2021.
Date: " tea
Daisy Game
Clerk of the Council
City of Santa Ana
Resolution No. 2021-039
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