HomeMy WebLinkAboutState of California - Federal Aid Project - Sidewalk Projects
..
PROGRAM SUPPLEMENT NO. NOlO
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 04-5034R
Date: JUlle'
25. .~()Oi)
Location: 04.$CL.(HiIl.
proj ec t Number: ESPL-~034(020)
E. A. Number: 04.925497
Thi~ Program Suppklllcnt hereby illcorrorate~ the Admmistering Agency-State' Agreement for Federal Aid which \Va~ emerce! 11110
betIVeenthe Admilliswnng Agency and the State Oll 06i17i(l~ ane! is subjecllo all the tcnm and e'onditions thereof. Thig Program
Supplen1l'11l is CXCL'll1cd in anordanC'(.' with Article I ufthL' al<m::lllcntioncd Mash,r AgWt~I1lCllt under authority oj Resolutio!1 No.
, applOvcd hy the Admtni~tcri!1g AgLmcy on (See copy attached).
The Adminiswring Age,ney funhcl stiptllalc~ that as a condition to the payment by State' orany funds derived hom sources noted
below obJlgatc;d to this prOlL'ct, the Administering Agency accepts and will comply with the Special (;o\'enunts or Remurks setf(Jrth
on tIll' follo\Vlllg pages.
PROJECT LOCATION:
S,dewalk
TYPE OF WORK:
LENGTH:
o (MILES)
Estimated Cost Federal Funds Matching- Funds
(230 5663.000.00 LOCAL OTHER
$77Q.241.0Cl S II 6,241.00 $().(lO SlI.on
CITY OF GILROY
STATE OF CALIFORNIA
Department of Transportation
By
.s !J.a.fjlll\d/ &-Ir}JWI;()~Chiefl Office of Project Implementation
Division of Local Assistance
Date
r hereby certify upon Illi personal knowledge that budgeted funds are available for this encurnhrance:
!
Chapter
< )~.~.(.. ,/
~, , .
/ r iP' ()
j 'j i -,~
i Date ,~ f...;: \.. "J $M13.0000('
, / f ,
Program Fund Source AMOUNT
20.3001 O.X 1 (I F 22XllIO XlJX-F 66.HlOO.OO
Accounting Officer
Item './
26X
:'OOk
266(1.W3-X90 200X.200lJ
Program Supplement 04-5034R-N010- ISTEA
Page
of 5
04.S( 'L-O-U II
06/2512009
ESPL- 5034( (20)
SPECIAL COVENANTS OR REMARKS
1. 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) .
2. Any State and Federal funds that may have been encumbered for
this project are only available for disbursement for a period of
five (6) 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 ail 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.
3. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the current published Local
Assistance Procedures Manual.
4. Award information shall be submitted by the ADMINISTERING AGENCY
Program Supplement04-5034R-N010- ISTEA
Page 2 of 5
o4-SC'L-O-Oll
06/:;:;.'2009
ESPL-5034(0:W)
SPECIAL COVENANTS OR REMARKS
to the District Local Assistance Engineer within 60 days 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
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.
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
Program Supplement04-5034R-NOlO- ISTEA
Page :3 of 5
04-SCL-O.G1J
06!25i2009
ESPL-5034(020J
SPECIAL COVENANTS OR REMARKS
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 Administrating Agency's DBE Implementation Agreement is
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
seg. ) .
7. As a condition for rece1v1ng 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).
o. Taio p:rejQGt is fiRaaG&ld.. ia whol. or ilJ. part, wHb f''1'oe'l'';;I) f'".nnl'l
from the American Recovery and Reinvestment Act of 2009 (Recovery
Act) . ADMINISTERING AGENCY agrees:
1) Statutory provisions contained in Chapter 1 of Title 23
United States Code (U.S.C.) are applicable to all Recovery Act
funded projects,
2) Costs incurred prior to the date of authorization are NOT
eligible for reimbursement with federal Recovery Act funds,
3) Federal Prevailing Wage Rate requirements apply to all
Recovery Act funded construction projects regardless of location
(including projects on local roads and rural minor collectors,
and Transportation Enhancement projects outside the highway right
of way). ADMINISTERING AGENCY agrees to include the appropriate
wage rate information in the contract and also include a contract
provision that overrides the general applicability provisions in
form FHWA-1273', Sections IV and V,
4) To expend and invoice for all Recovery Act funds prior to
Program Supplement04-5034R-N010- ISTEA
Page 4 of 5
04-SCL-OGIL
06l25i200lJ
ESPL-5034(020;
SPECIAL COVENANTS OR REMARKS
using other funds, and
5) To comply with the reporting requirements, terms and
conditions set forth in Sections 1201 and 1512 of the Recovery
Act and as designated by the STATE. Failure to comply will
result in retentions from progress payments due ADMINISTERING
AGENCY and/or other sanctions,
6) Recovery Act funds are available for liquidation only until
September 30, 2015 when the remaining balance of Recovery Act
funds will expire. ADMINISTERING AGENCY agrees to submit an
invoice for the balance of project Recovery Act funds (if any) to
the STATE prior to July 1, 2015.
Program Supplement04-5034R-N010- ISTEA
Page 5 of 5
STATE OF CALIFORNIA. BUSINESS,TRANSPORTATION AND HOUSING AGENCY
Arnold Schwarzenegger. Governor
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
(916) 654-3151
Fax (916) 653-7621
July 8, 2009
File: 04-SCL-O-GIL
ESPL-5034(020}
Sidewalk Rehab
Mr. Rick Smelser
City Engineer
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Dear Mr. Smelser:
Enclosed are two originals of the Program Supplement Agreement No. 010-N to Administering Agency-State
Agreement No. 04-S034R and an approved Finance Letter for the subject project. Please retain the signed Finance
Letter for your records.
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.
Sincerely,
,?td/'BILL SANDOVAL, Chief
Office of Project Implementation - North
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(04) DLAE - Svlvia Funa
ffil
e-
e-
W
.J
JJ
o
Z
~
i!
\a:
iW
i~
'0
!~;g
Igz
I..J it
i
i
; .-J
'<( <( CIJ
Ia: a: 0
ia:WZ
i <( fr1 it
i LL.
i
IO'J
,:?:
Iw
Ia: li'1
10
IW
iLL
.~
:~
o.e-
~CIJ
Ia: 0
iw0
'0
IW
iLL.
ILL.
.0
,e-
fCIJ::.:
lOa:
:00
,;i ?;.
~t-=
~
m
~I
.CIJ
:?:
W
!::
W
o
Z
<(
z
i!
z:
Q
C
.l!l
<(
ro
; 'u
, ffi~
c:Ql
0:;0
(.)16
11 \
I~ U\\:
:~ U\\.
i~ H\\\\ g
Gl.9 \ \ .E
1j;.!!1 ~ g>
..J -; \ ,\, W
~ g \ '; ~
(ij~ \<
.1: .0 ..J
~~ ~"';I
r-ID ~ i=
C
WI
o
('I')
N
o
cO
.2
~
Ol'tl
cC:
.~ ~
=0
0""
-<1l
Is ' ~ E
ci J-:~
I'" ij'U;
ID~
lijllij
"Bl6'
i~
.0-
.~S
8.l!?
~~
Q)'tl
~ I~r" :S ~
g 18 ~~
i~ -ga
;~ : "0 J!!
ill) 1 ~-g
0.'"
t:~
, .Qe
l~! mO
i8 I 8 g>
!O I ~.,
.C
J.2
'0
~l.I~~I~i~
_ c:~o
(jlll '0
.. ~
",....::-
C:!CI
818
en
ro
'0
e-
~I
(Il,
Il.'
.1
"i
,~!
'0
.l!l
c
o
(.)
~
.9l
~
c:
<1l
C
0:;
N
Ii>
i=
o
o
o
~
.,-
61}
~
t:
o
15
o
II::
'E
Ql
o
.,-.
;;;
.,-
.r/)
o
e-
:2
t:
o
g
'2
a.
l:il
~I
I
Z
o
~
:e
0::
o
LL.
~
C)
z
i=
z
:;:)
o
()
()
<(
..
<1l
;:.
0.,00
018
a,N
Q.I
<(I
!
....
c:
::I
o
E ,0
<( \0
Q) ;0
~ II~
.0 CD
E ~
::II
g
WI
I
I
'0
'"
en
<1l
0..
.e
.l!l'
!!! iLL.
"Q.
Ql
LL.
o
.0
.N
E i~
l!l IO'J
... :0:::
~I::l
c: ,g:
;CIJ
<(
Ia:
10:
<(
-g '1..9
::I ,Er:
u.. oCt;
;0