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HomeMy WebLinkAboutCaltrans - State of California Department of Transportation - 2010-10-21PROGRAM SUPPLEMENT NO. N043 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 12-5181 R Date: Location: Project Number: E.A. Number: Locode: October 21, 2010 12-ORA-0-HNTB ESPL-5181(168) 12-982058 5181 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 12/06/06 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. 2010-29 approved by the Administering Agency on (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: Garfield Avenue from Newland Street to Magnolia Street TYPE OF WORK: Road rehabilitation LENGTH: 0,5(MILES) Estimated Cost Federal Funds Matching Funds__ C230 $653,141.00 LOCAL OTHER $892,038.00 $238,897.00 $0.00 CITY OF HUNTINGTON BEACH By Title—17irtQ__9P_ Phis Works Date STATE OF CALIFORNIA Department of Transportation Bye Chie , Office of Proje t Implementation Division of Local Assistance Date ---- hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: /a/J7/iC) A-0 Date --__-__ $653,141.00 Accounting Off . _t C Chapter - - - Statutes Item -- — Year Program -- — -- BC 1 category Fund Source AMOUNT 9 Y — _ --t T i Program Supplement 12-5181R-N043- ISTEA Page 1 of 4 12-ORA-0-H NT13 ESPL-5181(168) SPECIAL COVENANTS OR REMARKS 10/21 /2010 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 or with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract, whichever is earlier. 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 Program Supplement 12-5181 R-N043- ISTEA Page 2 of 4 ,?2-ORA-0-H NTB ESPL-5181(168) 10/21 /2010 SPECIAL COVENANTS OR REMARKS Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice payments for any on -going or future 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 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 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). 8. This project is financed, in whole or in part, with federal funds 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, Program Supplement 12-5181 R-N043- ISTEA Page 3 of 4 � 2-ORA-0-H NTB ESPL-5181(168) 10/21 /2010 SPECIAL COVENANTS OR REMARKS 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 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 Supplement 12-5181R-N043- ISTEA Page 4 of 4 RESOLUTION NO. 2010-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE PROGRAM SUPPLEMENTS TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION MASTER AGREEMENT FOR TRANSPORTATION PROJECTS WHEREAS, the City of Huntington Beach is eligible to receive federal and/or state funding for certain transportation projects through the California Department of Transportation; and California Department of Transportation requires the execution of Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements prior to claiming designated funds; and The City wishes to delegate authorization to the Director of Public Works to execute these agreements and any amendments thereto, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve that the Director of Public Works is authorized to execute all Master Agreements, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements and any amendments thereto with the California Department of Transportation_ PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ,TH day of APRs L , 20 10 Aw. a r REVI ND APPROVED: INITIATED AND APPROVED: Cit mistrator Director of Pu lic Works APP VED AS TO FORM: CtAttorn yj�t� } 43514 Res. No. 2010-29 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on April 5, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None 004�'S) e2- z—,) Ci Clerk and ex-offici Jerk of the City Council of the City of Huntington Beach, California DEPARTMENT OF TRANSPORTATION FINANCE LETTER Date: 12/16/2010 DIVISION OF ACCOUNTING Agency: 12-ORA-0-HNTB LOCAL PROGRAM ACCOUNTING BRANCH Proiect No: ESPL-5181(168) EA No: 12-982058 L, Attention: City of Huntington Beach Fed. Partic: 100.00% This Finance Letter was created based on specific financial information provided by the responsible local agency. The following encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action. j Signature: For questions regarding finance letter, contact: Title: HQ Local Assistance Area Engineer Printed Name : Patrick Louie Telephone No: (916) 653-7349 Remarks: This is a second -phase ARRA program project for $635 141 using funds de -obligated from ESPL-5181(166) EA 12-931970L. Sec. 1511 Prol. #1 dated 4/14/10. Reimbursement ratio = 73.1 % and 100%. ACCOUNTING INFORMATION _ ESPL-5181(168) Adv. Proj. ID Approp. Unit State Prog. Fed/State Encumbrance Amount Approp Year Expenditure Amount Ecumbrance Balance Reversion Date 1200020156 09603E 2030010810 F $653,141.00 0809 $0.00 $653,141.00 06/30/14 Page 1 of 1 STATE OF CALIFORNIA. BUS IN ESS,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 December 20, 2010 Mr. Travis Hopkins Director of Public Works City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Dear Mr. Hopkins: File: 12-ORA-0-HNTB ESPL-5181(168) Garfield Avenue from Newland Street to Magnolia Street Enclosed is your fully executed copy of Program Supplement Agreement No. 043-N to Administering Agency -State Agreement No. 12-5181 R 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. Sincerely, /, �Y RAY ZHANG, Chief Office of Project Implementation - South Division of Local Assistance Enclosure c: DLA AE Project Files (12) DLAE - Jim Kaufman CITY OF HUNTINGTON BEACH PUBLIC WORKS INTERDEPARTMENTAL COMMUNICATION TO: Patty Esparza Deputy City Clerk FROM: James Wagner. Senior Civil Engineer DATE: January 5, 2011 SUBJECT: Program Supplemental Agreement for Federal Aid for Road Rehabilitation of Garfield Avenue from Newland Street to Magnolia Street, City Project CC- 1372, Federal Project ESPL-5181 (168) Presented for filing by the City Clerk is the City's original executed copy of the Program Supplemental Agreement for Federal Aid for Road Rehabilitation of Garfield Avenue from Newland Street to Magnolia Street. If you have any questions, please contact Jim Wagner at #5467 or Larry Taite at # 5590. MTA Attachment G:\Engineering Division\WAGNER\CORRESPONDENCE\Memos\Memo to City Clerk\Memo Program Supplemental Agreement to City Clerk 1-5-11.docx 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 November 5, 2010 Mr. Travis Hopkins Director of Public Works City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Dear Mr. Hopkins: File: 12-ORA-0-HNTB ESPL-5181(168) Garfield Avenue from Newland Street to Magnolia Street Enclosed are two originals of the Program Supplement Agreement No. 043-N to Administering Agency -State Agreement No. 12-5181 R. 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. A copy of the State approved finance letter containing the fund encumbrance and reversion date information will be mailed to you with your copy of the executed agreement. Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer. Sincerely, RAY ZHANG, Chief Office of Project Implementation - South Division of Local Assistance Enclosure c: DLA AE Project Files (12) DLAE - Jim Kaufman City ®f Huntington [leach 2000.Main Street Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERIC November 24, 2010 Department of Transportation Division of Local Assistance 1120 N Street P O Box 942874, MS #1 Sacramento, CA 94274-0001 Dear Mr. Zhang: Enclosed please find two originals of the Program Supplement No. N043 to Administering Agency -State Agreement for Federal -Aid Projects No. 12-5181 R. Upon execution, please return one original to: Joan Flynn City Clerk 2000 Main Street — 2". Floor Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, JF:pe Enclosure: Agreements G:followup:agrmtltr Sister Cities: Anjo, Japan e Waitakere, New Zealand (Telephone:714-536-5227) .