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Home My WebLink AboutCA, STATE, TRANSPORTATION (CALTRANS) 1c - 2007ll-~4-0~ PROF::FAEI SUPPLEMENT NO. M094 Rev. 1 to ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 12-5063 A-2007-295C Date: October 29, 2008 Locat ion:12.ORA-O-SA Project Number:BHLS-5063(090) E.A. Number:l2-931670 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 of Resolution 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 Remarks setforth on the following pages. PROJECT LOCATION:. Fifth Street over the Santa Ana River, Br. No. SSC-0372 TYPE of WORK: Bridge rehabilitation LENGTH: 0:1 (MILES) Estimated Cost Federal Fvnds Matching`FUnds - L1C0' $1;187,039.00 LOCAL OTHER $1,585,833.00 Q100 $196,000.00 $202,794.00 $0.00 50.00 CITY OE By Date Attest Title STATE OF CALIFORNIA Department of Transportation Sy Chief, Office of Project Implementation Division of Local Assistance Date I hereby cart ify upon my pereo a1 knowledge that bud ted funds are avai lable for this encumbrance: j ~ ~~ Accounting Office r Date 1 $1,383,039.00 Chapter Statutes Item Year Program BC Category Fund Source AMODNT 268 2008 2660-102-890 2008-2009 20.30.010.300 C 224060 892-F 1,187,039.00 47 2006 2660-102-890 2006-2007 20.30,010.300 C 224060 892-F 61,600.00 157 2003 2660-102-890 2003-2004 20.30.0]0.300 C 224060 892-F 134,400.00 Program Supplement 12-5063-M094-R1 ISTEA Page 1 of 4 12-ORA-O-SA BHL6-5063(090) 10/29/2008 SPECIAL COVENANTS OR REMARKS 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 costa 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. ¢, The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with tha 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 OMS 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 Page 2 of 4 Program Supplement 12-5063-M094-R1 ISTSA 10/29/2008 12-ORA-O-SA BHLS-5063(090) 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. g, 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) unless no further State. or Federal~~£unds- '- are needed for those future phase(s).: g. 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 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 SupplemenE l2-5063-M094-R1 ISTEA Page 3 of 4 10/29!2008 12-ORA-O-SA BHL.S-5063(090) 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 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. 10. The Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-asaiated contract or in the administration of its DB8 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-asaiated contracts.. The Administrating Agency's DBE Implementation Agreement is incorporated by reference in ahis 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.)• Page 4 0£ 4 Program Supplement l2-5063-M094-R1 ISTBA P,ESOL UTION' N0.2007-023 2: i ~/U I?5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN TA 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: 1~; 503 A. The City of Santa Ana ("City") has an existing Administering Agency- Federal Master Agreement Na. 12-5g83 ("Agreement"} with the California 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 ~r~-Master Agreement No. 1~2_§~3~~n January 12, 2007. This Agreement has been ~, revised to incorporate va~nous ~tanges 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-b6~3R. ~'' i-z-5o~3 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 51h day of March, 2D07. Resoluiior PJo. 2007-023 P~nc. 1 ..f o