CC - Item 3G - Resolution No. 2007-33 - Administering Agency-State Master Agreement No. 07-53580
f
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER C. CHI, INTERIM CITY MANAGER
DATE: AUGUST 28, 2007
SUBJECT: RESOLUTION NO. 2007-33 - APPROVAL OF SUPPLEMENT
AGREEMENT NO. 006-M1 TO ADMINISTERING AGENCY-STATE
MASTER AGREEMENT NO. 07-5358
SUMMARY
Caltrans has obligated Federal Highway Bridge Rehabilitation and Replacement
(HBRR) Program funds that are being utilized for the reconstruction of Garvey Bridge
over the Rio Hondo Channel. The City Engineer's office, in working with Caltrans, was
able to secure an additional $2,997,376 in HBRR funds. This raises the total amount of
the Federal grant for the project to $10,581,216, thereby reducing the City's share of the
construction costs to approximately $1,500,000. Caltrans requires that Program
Supplement Agreement No. 006-M1 be approved and executed prior to payment of the
Federal funds to the City.
Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 2007-33 approving
Supplement Agreement No. 006-M1, and authorize the Mayor and City Clerk to execute
the agreement.
ANALYSIS
Reconstruction of Garvey Avenue Bridge over the Rio Hondo Channel is funded utilizing
Federal Highway Bridge Rehabilitation and Replacement (HBRR) Program and
Proposition C funds. Caltrans previously granted the City $7,583,840 in HBRR funds.
Staff learned that after the City received the initial HBRR grant, the reimbursement ratio
of 80% Federal funds to 20% Local funds had been changed to 88.5% Federal funds to
11.5% Local funds. This allowed for a greater contribution of Federal funds for the
project. Based on this and the actual cost to reconstruct the bridge, staff was compelled
to request Caltrans obligate additional HBRR funds for the project. Caltrans obliged
and granted the additional funds in the amount of $2,997,376.
In order to receive payment for the additional funds, Caltrans requires that Program
Supplement Agreement No. 006-M1 be approved and executed. Provisions of this
APPROVED FOR CITY COUNCIL AGENDA:
0 0
City Council Meeting
August 28, 2007
Page 2 of 2
supplement agreement are incorporated into the Administering Agency-State Master
Agreement No. 07-5358, which was approved by the City Council on October 14, 1997.
LEGAL REVIEW
The resolution has been reviewed as to form by the City Attorney.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Ken Rukavina, P.E.
City Engineer
Submitted by:
Brian Saeki
Interim Community Development Director
Attachment A: Resolution No. 2007-33
Attachment B: Program Supplement No. 006-M1
•
L'
RESOLUTION NO. 2007-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
APPROVING SUPPLEMENT AGREEMENT NO. 006-M1 TO ADMINISTERING
AGENCY-STATE MASTER AGREEMENT NO. 07-5358
WHEREAS, the State of California, through its Department of Transportation, has
presented Program Supplement Agreement No. 006-M1 to Administering Agency-
Master State Agreement No. 07-5358 for the reconstruction of Garvey Avenue Bridge
over the Rio Hondo Channel; and
WHEREAS, no invoices for reimbursement of construction costs can be
processed until Program Supplement Agreement No. 006-M1 is fully executed; and
WHEREAS, Program Supplement Agreement No. 006-M1 shall remain in effect
until amended or terminated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Program Supplement Agreement No. 006-M1 is hereby approved
and the Mayor and City Clerk are directed to sign on behalf of the City.
SECTION 2. The Mayor is hereby authorized to affix his signature to this
resolution signifying to its adoption by the City Council of the City of Rosemead, and the
City Clerk, or his duly appointed deputy, is direct to attest hereto.
PASSED, APPROVED AND ADOPTED this 28th day of August, 2007.
JOHN TRAN, MAYOR
ATTEST:
NINA CASTRUITA, CITY CLERK
STATE OF CALIFORNIA. BUSINESS,TRA*RTATION AND HOUSING AGENCY • Amold Schwarzenegger, Governor
DEISARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET Attachment "B"
P.O. BOX 942874, MS# 1 cam'''
Sacramento, CA 94274-0001
TDD (916) 654-4014
(916) 654-3151 File : 07-LA-0-RSMD
Fax (916) 653-7621 BRLS-5358(006)
July 9, 2007
Ken Rukavina
Director of Public Works/City Engineer
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Dear Rukavina:
Garvey Avenue over Rio Hondo
Channel, Bridge #53C0148
Enclosed are two originals of the Program Supplement Agreement No. 006-M1 to Administering Agency-State
Agreement No. 07-5358 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,
,
~ d,
RAY ZHANG, Chief
Office of Project Implementation - South
Division of Local Assistance
Enclosure
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•
PROGRAM SUPPLEMENT NO. M006 Rev. 1
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 07-5358
•
Date : June 28, 2007
Location: 07-LA-0-RSMD
Project Number : BRLS-5358(006)
E . A . Number : 07-931875
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 11/19/97 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.
, approved by the Administering Agency on (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:
Garvey Avenue over Rio Hondo Channel, Bridge #53C0148
TYPE OF WORK: Bridge Replacement
LENGTH: 0(MILES)
Estimated Cost
Federal Funds
Matching Funds
H120 58,392,466.00
LOCAL
OTHER
$11,956,525.00
LICO $2,188,750.00
$1,375,309.00
$0.00
$0.00
CITY OF ROSEMEAD
By
Date
Attest
Title
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my person 1
knowledge that
budgeted funds
ble for this encumbrance:
are availa
n
,
00
10
581
216
Accounting Officer
Date
$
,
,
.
Chapter Statute. it. Year
Program
BC Category Fund Source
AMOUNT
208 2004 2660-102-890 2004-2005
20.30.010.300
C 224060 892-F
7,583,840.00
47 2006 2660-102-890 2006-2007
20.30.010.300
C 224060 892-F
2,997,376.00
Program Supplement 07-5358-MO06-R1 ISTEA Page 1 of 5
07-LA-0-RSMD •
BRLS-5358(006)
9 06'28,'2007
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 will advertise, award and administer
this project in accordance with the current published Local
Assistance Procedures Manual.
3. 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 ADMINISTER.
AGENCY and shall be performed at regular intervals and as
required for efficient operation of the completed project
improvements.
4. 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 superseded OMB A-128 in
1996. A reference to OMB A-128 in a Master Agreement (if any) is
superceded by this covenant to conform to OMB A-133.
5. 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.
6. Award information shall be submitted by the ADMINISTERING AGENCY
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
Program Supplement07-5358-MO06-R1 ISTEA Page 2 of 5
07-LA-0-RSMD 0 06/28/2007
BRLS-5358(006)
SPECIAL COVENANTS OR REMARKS
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.
7. 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.
8. 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).
9. 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.
Program Supplement07-5358-MO06-R1 ISTEA Page 3 of 5
07-LA-0-RSMD
BRLS-5358(006)
0 0
SPECIAL COVENANTS OR REMARKS
06/28/2007
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.
10. "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."
ll.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 CFR
Part 26 to ensure nondiscrimination in the award and
administration of DOT -assisted contracts. The administrating
Agency's DBE Race-Neutral Implementation Agreement 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 DBE Race-Neutral Implementation Agreement, 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
(31 U.S.C. 3801 et seq.).
12.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
Program Supplement 07-5358-M006-R1 ISTEA Page 4 of 5
0 0
07-LA-0-RSMI
BRLS-5358(006)
SPECIAL COVENANTS OR REMARKS
06/28/2007
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.
Program Supplement 07-5358-M006-R1 ISTEA Page 5 of 5
STATE OF CALIFORNIA. BUSINESS,
OF
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TDD (916) 654-4014
(916) 654-3151
Fax (916) 653-7621
July 9, 2007
Ken Rukavina
Director of Public Works/City Engineer
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Dear Rukavina:
Arnold Schwarzenegger, Governor
File : 07-LA-0-RSMD
BR LS-5358(006)
Garvey Avenue over Rio Hondo
Channel, Bridge #53C0148
Enclosed are two originals of the Program Supplement Agreement No. 006-M1 to Administering Agency-State
Agreement No. 07-5358 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,
~ to~21
1 RAY ZHANG, Chief
Office of Project Implementation - South
Division of Local Assistance
Enclosure
AND HOUSING AGENCY
c: DLA AE Project Files
(07) DLAE - Kirk Cessna
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PROGRAM SUPPLEMENT NO. M006 Rev. 1
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 07-5358
•
Date: June 28. 2007
Location: 07-LA-0-RSMD
Project Number : BRLS-5358(006)
E.A. Number: 07-931875
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 11/19197 and is subject to all the terms and conditions thereof. This Program
Supplement is executed in accordance with Article I of the aforementioned vlaster Agreement under authority of Resolution No.
, approved by the Administering Agency on (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:
Garvey Avenue over Rio Hondo Channel, Bridge #53CO148
TYPE OF WORK: Bridge Replacement
LENGTH: O(MILES)
Estimated Cost
Federal Funds
Matching Funds
H 120 $8,392,466.00
LOCAL
OTHER
$1 1,956,525.00
L I CO $2,188,750.00
$1,375,309.00
$0.00
$0.00
CITY OF ROSEMEAD
STATE OF CALIFORNIA
Department of Transportation
By
By
Chief, Office of Project
Implementation
Date
Division of Local Assistance
Attest
Date
Title
1 knowledge that budgeted fund
I hereby certify upon my perso
n
r this encumbrance:
s are available f
o
/
y
V~L~~U~~~.
~`at"~ I
581
216
00
$10
Accounting Officer
Date
,
1
.
Chapter Statutes Item Year
Program
BC Category Fund Source
AMOUNT
208 2004 2660-102-890 2004-2005
20.30.010.300
C 224060 892-F
7,583,840.00
47 2006 2660-102-890 2006-2007
20.30.010.300
C 224060 892-F
2,997,376.00
Program Supplement 07-5358-MO06-R1 ISTEA Page 1 of 5
07-L\-0-RS 41 [ ) •
BRLS-5358(006)
• 06,2312007
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 will advertise, award and administer
this project in accordance with the current published Local
Assistance Procedures Manual.
3. 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 performed at regular intervals and as
required for efficient operation of the completed project
improvements.
4. 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 conform to OMB A-133.
5. 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.
6. Award information shall be submitted by the ADMINISTERING AGENCY
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
Program Supplement 07-5358-M006-R1 ISTEA Page 2 of 5
07-LA-0-RS1v1D 0 0 06,"28/2007
BRLS-5358(006)
SPECIAL COVENANTS OR REMARKS
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.
7. 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.
8. 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).
9. 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.
Program Supplement 07-5358-M006-R1 ISTEA Page 3 of 5
07-LA-0-RSM, C 0 0 06/28/2007
BRLS-5358(006)
SPECIAL COVENANTS OR REMARKS
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.
10. "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."
ll.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 CFR
Part 26 to ensure nondiscrimination in the award and
administration of DOT -assisted contracts. The administrating
Agency's DBE Race-Neutral Implementation Agreement 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 DBE Race-Neutral Implementation Agreement, 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
(31 U.S.C. 3801 et seq.).
12.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
Program Supplement 07-5358-M006-R1 ISTEA Page 4 of 5
07-LA-0-RSMP •
BRLS-5358(006)
• 06/2&'2007
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.
Program Supplement07-5358-MO06-R1 ISTEA Page 5 of 5
•
PROGRAM SUPPLEMENT NO. M006 Rev. 1
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 07-5358
0
Date: June 28, 2007
Location: 07-LA-0-RSMD
Project Number:BRLS-5358(006)
E.A. Number: 07-931875
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 11/19/97 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.
, approved by the Administering Agency on (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:
Garvey Avenue over Rio Hondo Channel, Bridge #53C0148
TYPE OF WORK: Bridge Replacement
LENGTH: 0(MILES)
Estimated Cost
Federal Funds
Matching Funds
H120 $8,392,466.00
LOCAL
OTHER
511,956.525.00
L1C0 $2,188,750.00
51,3751309.00
$0.00
$0.00
STATE OF CALIFORNIA
Department of Transportation
Attest
Title
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby
certify upon my personal knowledge that
budgeted funds
are available for this encumbrance:
$10
581
216
00
Account
ing Officer
Date
.
,
.
Chapter
Statutes Item Year
Program
BC Category Fund Source
AMOUNT
208
2004 2660- 102-890 2004-2005
20.30.010.300
C 224060 892-F
7,583,840.00
47
2006 2660-102-890 2006-2007
20.30.010.300
C 224060 892-F
2,997,376.00
Program Supplement 07-5358-MO06-R1 ISTEA Page 1 of 5
07-LA-0-RSMD .
I3RI.S-5358(006)
0 06/28/2007
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 will advertise, award and administer
this project in accordance with the current published Local
Assistance Procedures Manual.
3. 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 performed at regular intervals and as
required for efficient operation of the completed project
improvements.
4. 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 conform to OMB A-133.
5. 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.
6. Award information shall be submitted by the ADMINISTERING AGENCY
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
Program Supplement 07-5358-M006-R1 ISTEA Page 2 of 5
07-LA-0-RS\1P •
BRLS-5358(006)
• 06i2S/2007
SPECIAL COVENANTS OR REMARKS
P. 0. 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.
7. 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.
8. 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).
9. 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.
Program Supplement 07-5358-M006-R1 ISTEA Page 3 of 5
07-LA-0- RSMD • • 06r'_' 8 i 007
BRLS-5358(006)
SPECIAL COVENANTS OR REMARKS
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.
10. "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."
ll.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 CFR
Part 26 to ensure nondiscrimination in the award and
administration of DOT -assisted contracts. The administrating
Agency's DBE Race-Neutral Implementation Agreement 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 DBE Race-Neutral Implementation Agreement, 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
(31 U.S.C. 3801 et seq.).
12. 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
Program Supplement 07-5358-M006-R1 ISTEA Page 4 of 5
07-L,%-0-RSN1P 0
BRLS-5358(006)
0 06/28/2007
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.
Program Supplement 07-5358-M00G-R1 ISTEA Page 5 of 5