HomeMy WebLinkAboutFederal-Aide Projects, # 01-5049R, Railroad Depot4
PROGRAM SUPPLEMENT NO. N005
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 01-5049R
Date:January 26,2010
Location: 01 -MEN-0-UKI
Project Number: ESPL-5049(022)
E.A. Number: 01-282174
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 01/10/07 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.
'AOL; 0 _ ; , 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: ,
South Dora Street Rehabilitation from Luce to Washington
TYPE OF WORK: Road Rehabilitation
LENGTH: O(MILES)
Estimated Cost
Federal Funds
Matching Funds
C200 $275,600.00
LOCAL
OTHER
$544,168.00
C240 $162,400.00
$106,168.00
$0.00
$0.00
CITY OF UKIAH
By
STATE OF CALIFORNIA
Department of Transportation
By
Ahief, Office of Project Implementation
Division of Local Assistance
Date Z 12 _
I hereby certify upon my personal
that budgeted funds are available for this encumbrance:
Accounting Officer Date ~~~'$438,000.00
Chapter Statutes Iteig Year Program BC Category Fund Source AMOUNT
268 2008 2660-603-890 2008-2009 20.30.010.810 F 262040 898-F
268 2008 2660-603-890 2008-2009 20.30.010.810 F 262042 898-F
275,600.00
162,400.00
Program Supplement 01-5049R-N005- ISTEA Page 1 of 5
01'-MEN-O 'UKI
ESPL-5049(022)
01/26/2010
SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the current published Local
Assistance Procedures Manual.
2. 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).
3. 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.
4. 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
Program Supplement 01-5049R-N005- ISTEA Page 2 of 5
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ESPL-5049(022)
01/26/2010
SPECIAL COVENANTS OR REMARKS
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.
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 Supplement 01-5049R-N005- ISTEA Page 3 of 5
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SPECIAL COVENANTS OR REMARKS
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,
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
Program SupplementOl-5049R-NO05- ISTEA Page 4 of 5
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SPECIAL COVENANTS OR REMARKS
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 SupplementOl-5049R-N005- ISTEA Page 5 of 5
RESOLUTION NO. 2004-34
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UKIAH GRANTING BLANKET AUTHORIZATION
TO THE CITY MANAGER TO EXECUTE RIGHT-OF-WAY
CERTIFICATES AND OTHER PROJECT DOCUMENTS
WHEREAS, the City of Ukiah routinely must certify rights of way and execute
other project documents on Federal Highway Administration (FHWA) and State of
California funded highway projects; and
WHEREAS, such certification is in the form of Right-of-Way Certifications
according to Caltrans procedures, which facilitate FHWA program regulations, as set
forth in the Caltrans Local Assistance Procedures Manual, dated 1 January 1998; and
WHEREAS, Caltrans regulations, as stated in Chapter 13 of the Local
Assistance Procedures Manual, provide that local public agencies may grant blanket
authorization to a particular officer, or his or her designee, to approve and sign such
Right-of-Way Certifications; and
WHEREAS, the City Manager is the appropriate City officer to sign such Right-
of-Way Certifications by virtue of being responsible for the City Maintained Street
System; and
WHEREAS, Caltrans encourages streamlining of procedures involving local
public agencies and has therefore suggested that blanket authorization be obtained by
the City Manager to approve and sign Right-of-Way Certifications, and other project
documents.
NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council that the City
Manager be and hereby is authorized and directed to approve, execute, and sign Right-
of-Way Certifications and other project documents for all FHWA and State of California
funded projects on behalf of the City of Ukiah; and
BE IT FURTHER RESOLVED that this authorization shall remain in force until
rescinded by this Council.
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