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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