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PROGRAM SUPPLEMENT NO. N013
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO 04-5034R
Date: May 2, 2011
Location: 04-SCL-0-GIL
Project Number: STPL-5034(022)
E.A. Number: 04-925743
Locode: 5034
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid
which was entered into between the Administering Agency and the State on 06/17/08 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. JOO(P -B'=> approved by the Administering Agency on ()'-//17/~
(See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the 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 set forth on the following pages.
PROJECT LOCATION:
Wren Avenue and Church Street
TYPE OF WORK: Road Rehabilitation
LENGTH: O.O(MILES)
Estimated Cost
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$1,629,122.001
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Federal Funds
L23E $614,000.00
Matching Funds
LOCAL I
$1 ,015, 122.0l
OTHER
$0.00
By
STATE OF CALIFORNIA
Departm~~
..b By A---.... ~
TC// Chief, Office of~ctimplementation
Division of Local Assistance
Date \ T t/I'?e 0- ?O j/
Title
Date
I hereby certify upon my De~s.ona' knowledge that budgeted funds are available for this .encu~brance:
Accounting Officer l!JJJXJj g1cy\.\2...- Date :..'J /5 III .
$614.000.00
Chapter I Statutes! Item I Year I Program I BC I Category Fund Source I AMOUNT
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Program Supplement 04-5034R-N013- ISTEA
Page 1 of 3
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLEMENT AND CERTIFICATION FORM
PSCF (REV. 01/2010)
Page 1 of 1
DATE PREPARED PROJECT NUMBER
514/2011 0400020265
REQUISITION NUMBER I CONTRACT NUMBER
RQS-2660-04000001433
CHAPTER STATUTES ITEM YEAR PEC 1 PECT TASK/SUBTASK AMOUNT
712 2010 2660-102-890 2010/2011 2030010/810 262010400 $614.000.00
ADA Notice
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Records and Forms Management, 1120 N Street, MS-89. Sacramento. CA 95814
04-SCL-0-GIL
STPL-5034(022)
05/02/2011
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
available for disbursement for limited periods of time. For each fund encumbrance the
limited period is from the start of the fiscal year that the specific fund was appropriated
within the State Budget Act to the applicable fund Reversion Date shown on the State
approved project finance letter. Per Government Code Section 16304, all project funds
not liquidated within these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested by the ADMINISTERING AGENCY and
approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District
Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to
avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's
Office and the Department of Finance; in order for payment to be made. the last date the
District Local Assistance Engineer can forward an invoice for payment to the
Department's Local Programs Accounting Office for reimbursable work for funds that are
going to revert at the end of a particular fiscal year is May 15th of the particular fiscal
year. Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement involving
applicable funds that is not received by the Department's Local Programs Accounting
Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid.
These unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on the applicable fund Reversion Date.
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 to the District
Local Assistance Engineer within 60 days of project contract award and prior to the
submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.
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 for
Federal aid projects, or encumberances for State funded projects, as well as to suspend
invoice payments for anyon-going or future project by ADMINISTERING AGENCY if
Program Supplement 04-5034R-N013-ISTEA
Page 2 of 3
04-SCL-0-GIL
STPL-5034(022)
05/02/2011
SPECIAL COVENANTS OR REMARKS
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 Agreement.
The Administering Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the awardand administration of Federal-assisted
contracts. The Administering 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
seq.).
7. As a condition for receiving 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).
Program Supplement 04-5034R-N013-ISTEA
Page 3 of 3
l.P.:.../t
RESOLUTION NO. 2006-26
RESOLUTION OF THE CITY COUN\...1L OF THE CITY OF GIT...ROY
AUTHORIZING THECITY ADMINISTRATOR TO EXECUTE ALL MASTER
AGREEMENTS, PROGRAM SUPPLEMENTAL AGREEMENTS, FUND
EXCHANGE AGREEMENTS, FUND TRANSFER AGREEMENTS AND ANY
AMENDMENTS FOR CERTAIN TRANSPORTATION PROJECTS ELIGIBLE FOR
FEDERAL AND/OR STATE FUNDING
WHEREAS, the City of Gilroy is eligible to receive Federal and/or State funding for certain
Transportation Projects, through the California Department of Transportation and;
WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange
Agreements and/or Fund Transfer Agreements need to be executed with the California Department of
Transportation before such funds could be claimed and; .
WHEREAS, the City wishes to delegate authorization to execute these agreements and any
amendments thereto to the City Administrator and;
NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy that the City
Administrator be authorized to execute all Master Agreements, Program Supplemental Agreements, Fund
Exchange Agreements, Fund Transfer Agreements and any amendments thereto with California
Department of Transportation.
PASSED AND ADOPTED this 17th day of April, 2006 by the following vote:
AYES:
COUNCILMEMBERS: ARELLANO, BRACCO, GARTMAN,
VELASCO, and V ALIQUETIE
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: CORREA and PINHEIRO
APPROVED:
/s/ RUSS VALIQUETTE
Russ Valiquette, Mayor Protempore
ATTEST:
/s/ RHONDA PELLIN
Rhonda Pellin, City Clerk
RESOLUTION NO. 2006-26
-1-
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006-26 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
17th day of April, 2006, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 18th day of April, 2006.
~~,
City Clerk of the City of Gilroy
(Seal)
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STATE OF CALIFORNIA, BUSINESS,TRANSPORTATION AND HOUSING AGENCY
EDMUND G. BROWN Jr. 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
June 20, 2011
RECEIVED
JUN 2 2 2011
ENGINEERING
File: 04-SCL-O-GIL
STPL-5034(022)
Wren Avenue and Church Street
Mr, Don Dey
City Transportation Engineer
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Dear Mr. Dey:
Enclosed is your fully executed copy of Program Supplement Agreement No. 013-N to Administering Agency-State
Agreement No. 04-5034R and an approved Finance Letter. Please retain the signed Finance Letter for your records.
In accordance to Government Code 16304, Federal and State funds appropriated by the State budget are available for
disbursement for limited periods of time. The attached Finance Letter shows the deadlines for liquidation as "Reversion
Dates". 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 to 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.
~'~
./",. BILL SANDOVAL, Chief
Office of Project Implementation - North
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(04) DLAE - Sylvia Fung