HomeMy WebLinkAboutState of California - Federal Aid Project - Monterey Street between 4th and 6th Streets
STATE OF CALIFORNIA. BUSINESS,TRANSPORTATION AND HOUSING AGENCY
( eL,
Arnold Schwarzenegger, Governor" ..
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TOO (916) 654-4014
(916) 654-3151
Fax (916) 653-7621
November 3, 2005
File: 04-SCL-0-GIL
CML-5034(012)
Monterey Street (between 4th
Street and 6th Street)
Mr. Norman Allen
Director/Community Development Dept.
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Dear Mr. Allen:
Enclosed is your fully executed copy of Program Supplement Agreement No. 005-M to Administering Agency-State
Agreement No. 04-5034 .
Sincerely,
.~
~trfJ ~
WILLIAM J. SANDOVAL, Acting Chief
Office of Project Implementation
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(04) DLAE - Muhaned Aljabiry
STATE OF CALIFORNIA. BUSINESS,TRANSPORTATjON AND ,HOUSING AGENCY
Arnold Schwarzenegger, Governor
OEP ARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TOO (916) 654-4014
(916) 654-3151
Fax (916) 653-7621
September 1, 2005
File: 04-SCL-0-GIL
CML-5034(012)
Monterey Street (between 4th
Street and 6th Street)
Mr. Norman Allen
Director/Community Development Dept.
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Attn: Rick Smelser, City Engineer
Dear Mr. Allen:
Enclosed are two originals of the Program Supplement Agreement No. 005-M to Administering Agency-State
Agreement No. 04-5034 and an approved Finance Letter for the subject project. Please retain the signed Finance
Letter for your records.
We have included two new special covenants that allow any funding for future phases of this project be encumbered
upon approval of the "Request for Authorization" and Finance Letter. The Program Supplement Agreement need not be
revised for that purpose. However, please note that federal funding will be lost if you proceed with future
phase(s) of the project prior to getting the "Authorization to Proceed" with that phase.
Please review the covenants and sign both copies of this Agreement and return both to this office, Office of Project
Implementation - MS1 within 60 days from the date of this letter. If the signed Agreements are not received back in this
office within 60 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the
agreement language or funding. Attach your local agency's certified authorizing resolution that clearly identifies the
project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to
you upon ratification by Caltrans. No invoices for reimbursement can be processed until the agreement is fully
executed.
In accordance to Government Code 16304, Federal funds appropriated by the State budget are available for liquidation
only for seven years and the State funds are available only for five years. The attached Finance Letter shows these
deadlines as the "Reversion Date". Please ensure that your invoices are submitted at least 60 days prior to the
reversion date to avoid any lapse of funds. If your agency is unable to seek reimbursement by this date you may
request an extension through a Cooperative Work Agreement (CWA). A CWA is subject to the final approval of the
State Department of Finance. If approved, the CWA may extend the deadline for up to one year for federal funds and
up to three years for State funds.
Please note that Government Code 16304 does not supersede any other more restrictive expenditure deadlines.
Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer.
Sin;;~d-s/~
f'
DEN IX ANBIAH, Chief
Office of Project Implementation
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(04) DLAE - Muhaned Aljabiry
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PROGRAM SUPPLEMENT NO, M005
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 04-5034
Da te : August 26, 2005
Loca tion: 04-SCL-0-GIL
Project Number:CML-5034(012)
E, A. Number: 04-924283
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 02/02/98 and is subject to all the terms and conditions thereof. This Program
Supplement is executed in accordance wit~ ~rtic.le I of the aforementirned ~,aster Agreement under authority of Resolution No.
.;::( (';eX)-.cn ' approved by the Admmlstenng Agency on O~ I:)/J 100 (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:
Monterey Street (between 4th Street and 6th Street)
TYPE OF WORK: Landscape
LENGTH:
o (MILES)
Estimated Cost
Federal Funds
H400
$2,500,000.00
$3,119,802.00
Dat
Title CITY ADMINISTRATOR
Matching Funds
LOCAL
$619,802.00
OTHER
$0.00
$0.00
STATE OF CALIFORNIA
Department of Transportation
t By J"''Y~
,1.1 Chief, Offi&"Of Project Impl~entation
Date II/,/OX'
, f
that budgeted funds are available for~this encumbrance:
I hereby certify upon my personal
Chapter
208
2004
2660-102-890 2004-2005
20.30.0 I 0.820
$2,500,000.00
Fund Source
AMOUNT
C
262040
892-F
2,500,000.00
Program Supplement 04-S034-MOOS- ISTEA
Page 1 of 4
04-SCL-0-GIL
08/26/2005
CML-5034(0 12)
SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERING AGENCY will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
2. 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.
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 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
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.
Program Supplement04-S034-MOOS- ISTEA
Page 2 of 4
04-SCL-0-GIL
08/26/2005
CML-5034(OI2)
SPECIAL COVENANTS OR REMARKS
4. 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.
s. 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).
6. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the most current published Local
Assistance Procedures Manual.
7. "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."
8. 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
Program supplement04-5034-M005- ISTEA
Page 3 of 4
04-SCL-0-GIL
08/26/2005
CML-5034(0 12)
SPECIAL COVENANTS OR REMARKS
(31 U.S.C. 3801 es seq.).
9. 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 confor.m to OMB A-133.
10. 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 perfor.med at regular intervals and as
required for efficient operation of the completed project
improvements.
Program Supplement04-S034-MOOS- ISTEA
Page 4 of 4