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HomeMy WebLinkAboutContracts & Agreements_214-2005_CCv0001.pdf PROGRAM SUPPLEMENT NO. M007 Date:September 13,2005 to Location:08-SBD-0-RDL ADMINISTERING AGENCY-STATE AGREEMENT Project Number:TCSP-E2CA(010) FOR FEDERAL-AID PROJECTS NO. 08-5083 E.A. Number:08-924803 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 05/13/97 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: Citrus Avenue from 6th Street to 7th Street TYPE OF WORK:Traffic studies and parking structures LENGTH: 0.1 (MILES) Estimated Cost Federal Funds Matching Funds Q680 $495,654.00 LOCAL OTHER $495,654.00 $0.00 $0.00 $0.00 CITY OF REDLANDS STATE OF CALIFORNIA X\ Department of Transportation '` BY ByBy san Pep ler, M-for J chief, office of Project Implementation Date- November 1. 2005 Division of Local Assistance Attest Date Title Lorrie PoyF'#e,,,_�City Clerk k for t I hereby certify upon my personal nowledgo that budgeted funds are available his cumbrances Date $495,654.00 Accounting officer chapter I statutes- Item - T=Y__ Program W I category Fund Source F Amot"T 157 2003 2660-102-890 2003-2004 20.30.800.890 C 262042 892-F 495,654.00 Program Supplement 08-5083-M007- ISTEA Page 1 of 4 08-SED-0-RDL 09/13/2005 TCSP-E2CA(010) 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 costs 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. 4. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the most 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 OMB 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 immediately 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 Program Supplement 08-5083-M007- ISTEA Page 2 of 4 08-SPED-0-RDL 09113/2005 TCSP-E2CA(010) 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. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual and LPP 01-06. 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. 8. 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) . 9. 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 Program Supplement 08-54$3-MOO7- ISTEA Page 3 of 4 08-SPD-0-RDL 09/13/2005 TCSP-E2CA(010) SPECIAL COVENANTS OR REMARKS 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. 10. "ADMINISTERING AGENCY certifies that neither the ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this agreement. ADMINISTERING AGENCY agrees that it will notify the STATE immediately, in the event a suspension or a debarment happened after the execution of this agreement. " 11. The Administering Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE Program or the requirements of 49 CFR Part 26. The Administering Agency shall take all necessary and reasonable steps under 49 CFE Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The Administering Agency's DBE Program, as required by 49 CFE Part 26 and as approved by Caltrans, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recepient of its failure to carry out its approved program, Caltrans may impose sanctions as provided for under 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 es seq. ) . Program Supplement08-5083-M007- IS'TEA Page 4 of 4