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HomeMy WebLinkAboutState of California - Federal Aid Project - Bicycle Projects PROGRAM SUPPLEMENT NO. NOll to ADMINISTERING AGENCY-STATE AGREEMBNT FOR FEDERAL-AID PROJECTS NO. 04-5034R Project E.A. N ate: October 13, 2009 ion: 04-SCL-O-GIL er : SR T8LNI- 5034(021 ) er : 04-925582 This Program Supplement hereby incoIpOrates the Administering Agency-State Agreementfor Fed raJ Aid which was entered into oetwccn the Administering Agency and the State on 06/11/08 and is subject to all the tenns and co itions thereof. This Program Supplement is executed in accordance with Article I ofthe aforementioned Master Agreemel.lt und authority of Resolution No, . , approved by the Administering Agency on (See copy ached). The Administering Agency further stipulates that as a condition to the payment by State of any fun s derived from sources noted oelow obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth In the following pages. PROJECT LOCATION: Elementary & Middle School SRrs Educate, Encourage, Enforced TYPE OF WORK: Bicycle Related - Other LENGTH: o (JaLlilS) EstiDated Cost Pederal Funds Ka ching Funds LU30 S301,5oo.oo LOCAL OTHER $301,500.00 $0.00 so.oo $0.00 :IP'ORNB. f Transportation By Chief, Offi e of Project Implementation Division of Local Assistance Date Title J: hereby certify upon lIlY penoDal his enc1lJllbrance: $301,500.00 Chapter .Pwld Souroe AIIOllRT 268 2008 2660-102-890 2008-2009 20.30.010.535 C 262042 892-F 301,500.00 Program Supplement 04-5034R-N011- ISTEA Page 1 of 4 )4-SCL-O~GIL . lRTSLNI-S034(021) SPECIAL COVENANTS OR REMARKS 1. The PROJECT will be administered. in accordance Program Guidelines ef.fective at the time of Pro Agreement execution. 1 0/1312009 the SRTS am Supplemental The ADMINISTERING AGENCY agrees to encumber the funds under agreement and award the construction contract b September '30th of the fiscal year in which funds are programme. For projects unable to meet this deadline, the AD~INISTERING AGENCY may request in writing, a.time extension from the D'strict Local Assistance Engin:eer (DLAE). one t.ime extension, f.or a maximUin period of one year, may be granted by the DLAE. Projects unable to meet the new deadline may be dropped from th program. 2. ADMINISTERING AGENCY agrees that it will only p work authorized for specific phase(s) with an II Au tho izationto ProceedR and will not proceed with future phase(s) of this project prior to receiving an RAuthorization to rooeedR from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). 3. Pursuant to Chapters 268 and 269 of the Statutes of 2008 included .j,:E:l. ~l!.~ S~i1._~~_~~gg~1; ~<::.\:L ~Y$~~~~ ~p.Q. Feg,~r~l f . _.elll t~~_t:,~Y have "b81mt;UC';;~~l;i'ied . :fOr :alls -pro:l"e-ct: 'are-only '.':B..:..abu l:6r disbursement for a period of six (6) years and six (6) years, respectively, fram the start of the fiscal year(s) that those fund8 were appropriated within the State Budget ct. All project funds not liquidated within these periods will r vert unless an executed Cooperative Work Agreement extending t se dates is requested and is approved by the California Depa tment of Finance per Government Code Seotion 16304. The exact da e of each fund reversion will be reflected'in the approved fin ce letter(s) issued for this project. Notwithstanding the unliquidated sums of project and Federal funding remaining and available to f any invoice for reimbursement that is not submit Department on or before 60 days after that appli reversion date will not be paid from that fiscal encumbered funds because all of these unexpended irrevocably reverted by the Department's Divisio on that date. Program Supplsment04-5034R-NOll- ISTEA speci'fic State d project work, ed to the able fixed fund year's funds will be of Accounting Page 2 of 4 I4-SCL-O.oGIL , iRTSLNI-5034(021) SPECIAL COVENANTS OR REMARKS 10/13/2009 Pursuant to a direotive from the State Control 1 rl s.. Office ~d the Department of Finance, the last date to sub 't invoices for reimbursed work in eaoh fiscal year is May 15th in 9rder for payment to be made out of those then current ap rop~iations. P~ojeot work perfo~ed and invoiced after May 1 th will be reimbursed only out of available funding that m ght.be encumbered in the subsequent fiscal year, and then only wh n those funds are aotually allocated and encumbered as authorized by the California Transportation commission and the Department's ocounting Office. 4. The ADMINJ:STERING AGENCY will advertise, award d administer this projeot in accordance with, the current pub ished Local Assistance Procedures Manual. 5. ADMINISTERING AGENCY agrees, as a minimum, to s least once every six months commencing after th encumbered for each phase by the execution of t Program Supplement Agreement, or by STATE'sapp applicable Finance Letter. STATE reserves the future authorizations/obligations, and invoice on-going or future federal-aid project by ADMIN ~~9gB~__~~~_t~~_~~_~.Et:_l?e~. ;1.l!~iC!_~d_HPY- A.D.~~~~_ a""jli~':;mone .pm~. . . If no costs have been invoiced for a six-month ADMINISTERING AGENCY agrees to submit for each explanation of the absence of PROJECT activity billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final that collectively constitute a "Report of Expen one hundred eighty '(180) days of PROJECT comple ADMINISTERING AGENCY to submit a ftPinal Report within 180 days of PROJECT completion will resu imposing sanctions upon ADMINISTERING AGENCY in the current Local Assistance Procedures Manual. it invoices at funds are is Project oval of an ight to suspend ayments for any STERING AGENCY if ERING AGENCY for ;.:.,. eriodl base a written long with target report documents ituresll within ion. Failure of f. Expendituresll t in STATE accordance with 6. The Administering Agency shall not discr~inate on the basis of race, religion, age, disabilitYI color, nationa origin, or sex in the award and perfor.mance of any Federal-ass sted contract or in the administration of its DBE Program Imp 1 em' ntation Agreement. The Administering Agency shall take all necessary and Program Supplement04-S034R-NOll- ISTEA Page 3 of 4 J4-SCL-O'GIL . 10/13/2009 ;RTSLNI-5034(021) SPECIAL COVENANTS OR REMARKS reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assi ted contracts. The Administering Agency's DBE Implementation A reement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBi commitments and utiliza is a legal obligation and failure to carry out its terms s 11 be treated as a violation of this Agreement. Upon notific tioD to the Administering Agency of its failure to carry ou its DBE :Implementation .Agre'ement, the State may impose an'c.tions as provided for under 49 CFR Part 26 and may, in a ropriate 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 highwa zunds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decisio makers are on the Federal Gbverument Excluded Parties List Sys 6m (EPLS). 8. The AD~NNISTERING AGENCY will be responsible fo approving and p~;-~O_~~9:.o~ _ ove;-se~in9 the Fo.rce Ac<?ount work. 9. ADMINISTERING AGENCY indicates that all work wil be perfor.med by force account. Program Supplement04.S034R-NOll- ISTBA Page 4 of 4