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PRC1c=RAM SUPPLEMENT NO . N12 6
' to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 12-5063R
p.2008-263
Date: August 29.2008
Location: 12-ORA-O-SA
Project Number: HPLUL-5063(127)
E.A. Number: 12-93191 LZ
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 to all the terns and conditions thereof. This Program
Supplement is executed in accordance with Article 1 of the aforementioned Master Agreement under authority of Resolution No.
OO`7 _ ~ '?,"~ ,approved by the Administering Agency on ~~ ($` ~ p"~ (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 Remarks setforth
on the following pages.
PROJECT LOCATION:
Bristol Street from Pine Street to 3rd Street - DEMO ID #696
TYPE OF WORK: Roadway widening
LENGTH: 1(MILES)
Estimated Cost Federal Funds Matching Funds
$196,090.00 HY20 $156,872.00 LOCAL
$39,218.00
$0.00 OTHER
$0.00
CITY OF SANTA ANA
By L-
Date / j% 08
Attest -~ / a- [~~ ~~-~/
Title ~"~,~ dF ~y~ C4Aae'/L
STATE OF CALIFORNIA
Departm nt of Trans rtation
~-
By ~ L
~,~hief, Office of Project Implementation
Division of Local Assistance
Date ~~~~~J r/~)c'i
I hereby certify upon ay person knowledge that budgeted funds are available for this encumbrance:
Accountin
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, $156,872.00
Chapter Statutes Item Year P gram BC Category Fund Source AMOUNT
171 2007 2660-102-890 2007-2008 20.30.010.680 C 262042 892-F 156,872.00
Program Supplement 12-5063R-N126- ISTEA Page 1 of 3
12-ORA-O-SA
HPLUL-5063(127}
SPECIAL COVENANTS OR REMARKS
08/29/2008
1. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the current published Local
Assistance Procedures Manual.
2. 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.
3. 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 th,e
STATE for that phase(s) unless no further State or Federal funds
are needed for those future phase(s).
4. 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
Program Supplement 12-5063R-N126- ISTEA Page 2 of 3
l 2-ORA-O-SA
HPLU~,-5063(127)
08/29/2008
SPECIAL COVENANTS OR REMARKS
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.
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.
5. 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,
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.
Program Supplement 12-5063R-N126- ISTEA Page 3 of 3
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STATE OF CALIFORNIA . BUSINESS,TRANSPORTATION AND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TDD (916) 654-4014
(916)654-3151
Fax (916) 653-7621
September 5, 2008
Mr. James Ross
Director of Public Works
City of Santa Ana
P.O. Box 1988
Santa Ana, CA 92702
Attn: Mr. Jason Gabriel
Dear Mr. Ross:
Arnold Schwarzenegger, Governor
File : 12-ORA-O-SA
HPLUL-5063(127)
Bristol Street from Pine Street to
3rd Street - DEMO ID #696
Enclosed are two originals of the Program Supplement Agreement No. 126-N to Administering Agency-State
Agreement No. 12-5063R and an approved Finance Letter for the subject project. Please retain the signed Finance
Letter for your records.
Please note that federal funding will be lost if you proceed with future phase(s) of the project prior to getting
the "Authorization to Proceed" with that phase.
Please review the covenants and sign both copies of this Agreement and return both to this office, Office of Project
Implementation - MS1 within 60 days from the date of this letter. If the signed Agreements are not received back in this
office within 60 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the
agreement language or funding. Attach your local agency's certified authorizing resolution that clearly identifies the
project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to
you upon ratification by Caltrans. No invoices for reimbursement can be processed until the agreement is fully
executed.
In accordance to Government Code 16304, Federal funds appropriated by the State budget are available for liquidation
only for seven years and the State funds are available only for five years. The attached Finance Letter shows these
deadlines as the "Reversion Date". Please ensure that your invoices are submitted at least 60 days prior to the
reversion date to avoid any lapse of funds. If your agency is unable to seek reimbursement by this date you may
request an extension through a Cooperative Work Agreement (CWA). A CWA is subject to the final approval of the
State Department of Finance. If approved, the CWA may extend the deadline for up to one year for federal funds and
up to three years for State funds.
Please note that Government Code 16304 does not supersede any other more restrictive expenditure deadlines.
Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer.;,
Sincerely,
f
~~ C
AY ZHANG, Chief
Office of Project Implementation -South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(12) DLAE -Alan Williams
~~
RESOLUTION NO. 97-0~9 :.. '~
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE
DIRECTOR OF THE PUBLIC WORFCS AGENCY TO
EXECUTE ALL PROGRAM SUPPLEMENT AGREEMENTS
REQUIRED BY ADMINISTERING AGENCY-STATE
AGREEMENT FOR FEDERAL AID PROJECTS BETWEEN
THE CITY OF SANTA ANA ANb THE STATE OF
CALIFONRIA REGARDING FEDERAL AID THAT WILL
BE MADE AVAILABLE FOEt SPECIFIC PROGRAM
PROJECTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA
that the Executive Director of the Public Works Agency of the
City of Santa Ana is hereby authorized to execute, on behalf of
the City of Santa Ana, all program supplement agreements required
by Master Agreement No. 12-5063 for Administering Agency-State
Agreement for Federal Aid Projects modified by the State of
California Department of Transportation on November 29, 29.95 and
to take all actions and sign all documents pertaining to such
funds as may be granted to the City of Santa Ana.
ADOPTED this 3rd day of November 1997.
-' r
ATTEST:
a ice C: Gu}~ guel A. Pulido
C erk at-the Gounci Mayor
COUNCIl';MEMBERS:
Pulido Aye
Moreno Aye
Richardson Aye
Franklin AYe
Espinoza Aye
Lutz Absent
365
McGuigan Aye
CONSENT CALENDAR
22.M. SPEC. NO. 08-043 - PLUMBING SERVICES - FINANCE &
MANAGEMENT SERVICES AGENCY -Award contracts for atwo-year
period with provision for two one-year renewals in the annual aggregate
amount not to exceed $60,000 with the following vendors:
Coast Plumbing, Heating & Air, Inc.
Service First Contracting Network
22.N. SPEC. NO. 08-042 -ROUTERS - Award a contract to Feeney Wireless
California, LLC in the amount not to exceed $27,600 - Finance &
Management Services Agency
22.0. SPEC. NO. 04-056 -TRANSPORTATION SERVICES FOR THE SENIOR
CENTERS -Renew the contract with JFK Transportation for aone-year
period in an amount not to exceed $35,000 -Finance & Management
Services Agency
PROJECTS
23.A. CONTRACT AWARD FOR LOCAL STREET REHABILITATION-THIN
OVERLAY PHASE 3 (PROJECT NO. 08-1737-C)
Motion:
1. Relieve Hardy & Harper, Inc. of their bid in an amount of
$4,613,000.
2. Award a contract to All American Asphalt, the lowest responsible
bidder, in accordance with unit bid prices in the estimated
amount of $5,006,430 for construction of Local Street
Rehabilitation-Thin Overlay Phase 3.
3. Approve a Funding Analysis with a total estimated construction
cost of $5,824,000.
23.B. CONTRACT AWARD FOR BRISTOL STREET WIDENING BETWEEN
PINE AND THIRD STREETS (PROJECT NOS. 1819, 07-3202 & 08-3519)
Motion:
1. Approve an Appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 09-004 -Accepting Federal
funds in the amount of $334,417 into the Select Street Construction
fund and appropriating funds to the Select Street Construction fund for
the Bristol Street Widening project between Third and Pine Streets.
CITY COUNCIL MINUTES 185 JULY 7, 2008
CONSENT CALENDAR
2. Award a contract to Sequel Contractors, Inc., the lowest
responsible bidder, in accordance with unit bid prices in the
estimated amount of $4,522,071 for construction of Bristol Street
Widening between Pine and Third Streets.
3. Approve a Funding Analysis with a total estimated construction
cost of $5,652,000.
AGREEMENTS
Motion:
Authorize the City Manager and Clerk of the Council to execute the
following agreements, subject to non-substantive changes approved
by the City Manager and City Attorney. (Items 25.A. through 25.Y.)
25.A. AGMT NO. 2008-175 -CONSULTING SERVICES -With Wesley A.
Bosch in the amount of $70,000 for aone-year term -Community
Development Agency
25.B. AGMT NO. 2008-176 -REALLOCATION OF EMERGENCY SHELTER
GRANT FUNDS -Execute an amendment to the 2008-2009 Emergency
Shelter Grant agreement with Mercy House Transitional Living Centers,
Inc. to increase the grant amount by $7,245 -Community Development
Agency
25.C. AGMTS NOS. 2008-177 AND 2008-178 - REALLOCATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS - Execute
amendments to the 2007-2008 Community Development Block Grant
agreements with Mercy House Transitional Living Centers, Inc. and Delhi
Center to increase the grant amounts by $10,000 and $5,000 -
Community Development Agency
25.D. AGMT NO. 2008-179 -PARAMEDIC BILLING -With Wittman Enterprises,
LLC. for aone-year term at the rate of 6.8 percent of net collection -Fire
Department
25.E. AGMT NO. 2008-180 - INFORMATION TECHNOLOGY AND
COMPUTER SUPPORT SERVICES - Execute an amendment with
Sapphire Technologies in an aggregate amount not to exceed $875,000 -
Fire Department
25.F. AGMT NO. 2008-181 - HAZARDOUS MATERIAL EMERGENCY
RESPONSE SERVICES -With AIICorp Partners Acquisition d/b/a AMX
Environmental Evolution, Ltd. -Fire Department
CITY COUNCIL MINUTES 186 JULY 7, 2008