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Home My WebLink AboutCaltrans - State of California - Department of Transportation - 2010-09-03PROGRAM SUPPLEMENT NO N042 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 12-5181R Date: May 25 2010 Location 12-ORA-0-HNTB Pro3 ect Number STPLH-5181(163) E.A. Number. 12-931930 This Program Supplement hereby incorporates the Adnnmstenng 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 terns and conditions thereof This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No ZG+C: "2-,, , approved by the Administering Agency on c P (See copy attached) The Administering Agency further stipulates that as a condition to the payment by State of any fiords 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: Intersection of Magnolia Sheet and Atlanta Avenue TYPE OF WORK: Upgrade signals for left -turn phasing LENGTH 01(MILES) Estimated Cost Federal Funds Matching Funds $115,401 00 LS30 $90,000 00 LOCAL $25,401 00 $0 00 OTHER $0 00 CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA Department of Tran,,7ortation v > By By ` %L Tra is K. Hop i , Director blic Works J� Chief, Office of Project Implementation Date 7 /� /y/r Division of Local Assistance Atte U Date .9 G✓. �%1 Title !_ // 7 /D I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance fi % Accounting Officer !�/ 5�� Date �U $90,000 00 Chapter Statutes Item - Year Program BC Category Fund Source AMOUNT 1 2009 2660-102-890 2009-2010 20 30 010 530 C 255020 892-F 90,000 00 I Program Supplement 12-5181R-N042- ISTEA Page 1 of 4 12-OR ,\-O-HNTB 05/25/2010 STPLH-5 181(163) 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 DistrictLocal 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. Program Supplementl2-5181R-N042- ISTEA Page 2 of 4 l 12-0RA-0-HNTB i 05/25/2010 STPLH-5 1 S 1(163) SPECIAL COVENANTS OR REMARKS 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 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, 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 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 Program Supplement12-5181R-N042- ISTEA Page 3 of 4 12-ORA-0-HNTB A STPLH-5 1 8 1(163) SPECIAL COVENANTS OR REMARKS 05/25/2010 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 Supplementl2-5181R-N042- ISTEA Page 4 of 4 r 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 Amding 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 5 x day of APRIL , 20__IQ_. a RE D APPROVED: INITIATED AND APPROVED: Ci strator Director of Pu lic orks 43514 VED AS`TOFOFORRM: i Attorn AP y nj�to 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 September 3, 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 STPLH-5181(163) Intersection of Magnolia Street and Atlanta Avenue RrSEV 8 Enclosed is your fully executed copy of Program Supplement Agreement No 042-N to Administering Agency -State Agreement No 12-5181 R Sincerely, # A RAY U AY ZHANG, Chief Office of Project Implementation - South Division of Local Assistance Enclosure c DLA AE Project Files (12) DLAE - Jim Kaufman