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Home My WebLink AboutCA, STATE, TRANSPORTATION (CALTRANS) 1e - 2007air-o`6 ' - ~ ~. Pwa ~~-~ M;nd,~ ~~ PROGRAM SUPPLEMENT NO. N130 to ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 12-5063R A-2007-295E Date:October 29, 2008 Locat ion:12-ORA-O-SA Project Number:BRLS-5063(089) E.A. Number:l2-931669 This Program Supplement hereby incorporates the Administering Agency-State Agreement for Federal Aid which was entered into beriveen the Administering Agency and the State on 01/12/07 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 Remazks setforth on the following pages. PROJECT LOCATION: First Street over the Santa Ana River, Br. No. SSC-0022 TYPE OF NORK: Budge replacement LENGTH: O(MILES) Estimated Cost Federal Funds ~. ~ Matching Funds $365,000.00 L1C0 $323,135.00 LocAL $41,865.00 $0.00 OTHER $0.00 CITY OF SANTA ANA By Data Attes c .,e Title i y L.~t°{~~ STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Diviaioa of Local Assistance / Date ` (/ I hereby carti£y upon my pe Dual ]mowledge tha budgeted funds axe available for /t~hi~ encumbranc a: Accounting Office Data ~ ~ v~ $323,135.00 , Chapter Statutes item Year Program HC Category Fund Source AMntJNT 268 2008 2660-102-890 2008-2009 20.30.010.300 C 224060 892-F 323,135.00 Program Supplement 12-5063 R-N130- ISTHA Page 1 of 4 10/29/2008 12-ORti-O-SA BRLS-5063(089) SPECIAL COVENANTS OR REMARKS 1, 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. Sox 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. 2, ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific pkiase(s) with,an °Authorization to Proceed" and will sot 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 funds are needed for those future phase(s). 3, 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 soma 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. Page 2 of , 4 Program Supplement 12-5063R-N130- ISTEA 10/29/20D8 12-ORr:-0-S.4 ' BRLS-5063(089) 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. 4. 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 p,DMINiSTERING AGENCY for a six-month period. If no costa 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. 5. 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-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 Page 3 of 4 Program Supplement l2-5063R-N130- ISTEA 10/29/2008 12-ORri-O-SA. BRLS-5063(089) SPECIAL COVENANTS OR REMARKS incorporated 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.). 6, The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. Page 4 of 4 Program Supplement 12-5063R-N130- ISTEA 2: i3lG' les P.ESOL UTION tJC.2007-023 A. RESOLUTION OF THc CITY COUNCIL OF 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 0; CALIFORNIA DEPARTMENT OF TRANSPORTATION TO REIMBURSE THE CITY OF SANTA ANA FOR FEDERALLY FUNDED PROJECTS BE {T RESOLVED 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: fa.~cpto3 A. The City of Santa Ana ("City"} has an existing Administering Agency- Federal Master Agreement Na. 12- ("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 Na. ~?-5~3~~n January 12, 2007. This Agreement has been 1~ 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-b6B3R. ~'' i~-5oi,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 5~h day of March, 2007. Resoluiior No. 2007-023 Pane. i of 7