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Home My WebLink AboutCALIFORNIA, STATE OF, DEPARTMENT OF TRANSPORTATION (2) - 2008' R A-2008-340 D ~ -. PROGRAM SUPPLEMENT N0. N135 ~ O Date:April O5, 2010 to Location: 12-ORA-O-SA ADMINISTERING AGENCY-STATE AGREEMENT Project Number:HSIPL-5063(130) FOR FEDERAL-AID PROJECTS NO. 12-5063R E.A. Number:l2-932002 Phis Program Supplement hereby incorporates the Administering Agency-State Agreement for Federal Aid which was entered into oetween 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 attachedj. ~" the Administering Agency fiu•ther stipulates that as a condition to the payment by State of any fiords derived from sources noted ~ oelow obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth ~n the following pages. ~ ~ PROJECT LOCATION: Intersection of Civic Center Drive and Pacific Avenue TYPE OF WORK: New signals LENGTH: 0.1 (MILES) Estimated Cost Federal Funds Matching Funds $27,000.00 LS30 $24,300.00 LOCAL ~ $2,700.00 $0.00 OTHER $0.00 CITY OF SANTA ANA e--- BY /~'i ,r.... Date ~~ ~• ~O~O ~y- Attest I ~''"~ lJ~,,"~~),~,,~~ Y' ~~(/~ ~ J~~ Tit 1 e ~xP~i• D ~`- cG101 P~,l/~G(,(~ f-~t STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my pezsonal ]cnowledge that e budgeted funds are available for this encumbrance: Accounting Officer trf !%'~~-~~ ~ Date r ~?' I - ~(~ $24,300.00 Chapter Statutes Item ;1 Year Program BC Category I Fund Source AMOIINT 1 2009 2660-102-890 2009-2010 20.30.010.530 C 255020 892-F 24,300.00 ATTESTs ~~ ~ ~~~ MARIA D. HUI~AR CLERK OF THE COUNCIL Program Supplement 12-5063R-N135- ISTEA Page 1 of 4 2-OR~!--0 'SA 04/05/2010 ~SIPL-5063(];01 SPECIAL COVENANTS OR REMARKS 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 of project contract award or with submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract, whichever is earlier. 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 the 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 available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the DistrictLocal Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going Program Supplement l2-5063R-N135- ISTEA Page 2 of 4 04/05/2010 ~SIPL-5063(130) SPECIAL COVENANTS OR REMARKS to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. 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. 6. 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 Administering Agency's DBE Implementation Agreement is Program Supplement 12-5063R-N135- ISTEA Page 3 of 4 •z-orz~-o-sa 04/05/2010 -ISIP L-X063(130) 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.) . 7. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Excluded Parties List System (EPLS). Program Supplement 12-5063R-N135- ISTEA Page 4 of 4 1I15108Ees RESOLUTION NO. 2008-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING FEDERAL FUNDING OF PROJECTS AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO SUBMIT THE PROJECTS FOR FUNDING UNDER THE HIGHWAY SAFETY IMPROVEMENT PROGRAM BE IT 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: A. The Highway Safety Improvement Program (HSIP), codified as Section 148 of Title 23, United States Code (23 U.S.C. section 148) is a core program as a result of the passage of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. B. The State of California Department of Transportation (CalTrans) issued a call for projects for the HSIP for Federal Fiscal Year 2007/2008 and Federal Fiscal Year 2008/2009, to use federa{ transportation funds for construction of projects that will improve traffic and pedestrian safety, such as traffic signals and signage upgrades. C. CalTrans makes grants available to local governmental agencies under the Program based on the results of a statewide competition. D. Projects eligible for funding include any local agency public road, any lacai public agency surface transportation facility, any local agency publicly- owned bicycle or pedestrian pathway or trail, or any traffic calming measure on a local agency public road. E. The City Council of the City of Santa Ana possesses the legal authority to nominate, finance, acquire, and construct projects that are eligible for funding under the HSIP Program. F. The City Council of the City of Santa Ana supports efforts to improve traffic and pedestrian safety in the City of Santa Ana. Section 2. The City Council of the City of Santa Ana authorizes the Executive Director of the Public Works Agency or his designee to execute, in the name of the City of Santa Ana, all necessary documentation and applications required to be submitted to Resolution No. 2008-008 Page 1 of 3 CalTrans for the projects identified in Exhibit 1 for funding under the Highway Safe Improvement Program. ty 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 4th day of Feb rte, 200F APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Lrsa E. Storck Assistant City Attorney AYES: Councilmembers: Alvarez Benavides Bustamante Martine ~ulido Sarmiento Tina'ero 7 z NOES: Councilmembers: None 0 ABSTAIN: Councilmembers: None 0 NOT PRESENT: Councilmembers: None 0 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the att Resolution No. 2008- 008 to be the original resolution adopted by the City Council o City of Santa Ana on February 4 2008, ached f the Date: ~ Q ~ o Patricia E. Healy V Clerk of Council City of Santa Ana Resolution No, 2008-008 Page 2 of 3 1/151081es Highway Safety Improvement program Projects Recommended For Grant Application FY 2008-2009 Location Improvement Coat Civic Center Drive and Install new traffic Pacific Avenue signal $382,250 Seventeenth Street and I Install new traffic King Street signal $382,250 Total I $754,500 EXHIBIT 1 Resoiution No. 2008-008 Page 3 of 3