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HomeMy WebLinkAboutState of California Department of Transportation (Caltrans) 2008-08-25PROGRAM SUPPLEMENT NO. E89 to ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 00059S Date: August 25, 2008 Location: 01- MEN -0-U KI Project Number:RPL-5049(017) E.A. Number: 01-280964 Locode:5049 This PROGRAM SUPPLEMENT, effective 06/30/2006, hereby incorporates into the Administering Agency - State Agreement No. 00059S for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 07/27%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. 4060-.3q approved by the ADMINISTERING AGENCY on f16100 (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 encumbered to this project, it accepts and will comply with the Special Covenants and Remarks set forth on the following pages. PROJECT LOCATION: Gobbi St. intersection with Oak Manor Dr./ Babcok Ln including sidewalk, curb, gutter and ADA ramps TYPE OF WORK: Intersection Realignment Estimated Cost State Funds Matching Funds $732,000.00 STATE $722,000.00 LOCAL $10,000.00 $0.00 OTHER $0.00 CITY OF UKIAH I-TANE C H Wl EK -5 Date S 3j ZDD Title CITY MAAJh&EP, STATE ,OF CALIFORNIA Department of Transportation By Z.� 'Chief, Office of Project Implementation Division of Local Assistance Date `? Ay Od I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer �c, eG { L-21_� Date �" �- ' ��$ $722,000.00 Chapter I Statutes I Item I Year I Progrk_R _J I BC I Category I Fiend Source I AMOUNT 171 2007 2660-606-008 2007-2008 20.30.600.620 C 262040 008-0 722,000.00 Program Supplement 00-0595-E89- SERIAL Page 1 of 5 01 •MEN-O-UKI 08/25/2008 4 RPL -5049(017) SPECIAL COVENANTS OR REMARKS 1. 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. 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. 2. This PROJECT is programmed to receive funding from the State Transportation Improvement Program (STIP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s). identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s). This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of reimbursable expenditures is restricted to the later Program Supplement 00 -059S -E89- SERIAL Page 2 of 5 t 01 MIEN-0-UKI 08/25/2008 RPL -5049(017) SPECIAL COVENANTS OR REMARKS of either 1) the effective date of the Master Agreement, 2)the effective date of the PROGRAM SUPPLEMENT, or 3)the effective date of the component specific allocation. 3. STATE and ADMINISTERING AGENCY agree that additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE approved Allocation Letter and Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE. 4. This PROJECT is subject to the timely use of funds provisions enacted by Senate Bill 45 (SB 45), approved in 1997, and subsequent CTC guidelines and State procedures approved by the CTC and STATE, as outlined below: Funds allocated for the environmental & permits, plan specifications & estimate, and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and complete the construction or vehicle purchase contract within 36 months of award. 5. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. An approved time extension will revise the timely use of funds criteria, outlined above, for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components, made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation for approved supplementary allocations, time extensions, and fund transfers between components, will be a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. Program Supplement 00 -059S -E89- SERIAL Page 3 of 5 01 MEN-0-UKI 08/25/2008 RPL -5049(017) SPECIAL COVENANTS OR REMARKS 6. This PROJECT will be administered in accordance with the CTC STIP guidelines, as adopted or amended, and the STATE Procedures for Administering Local Grant Projects in the State Transportation Improvement Program (STIP), the Local Assistance Program Guidelines, and the Local Assistance Procedures Manual. The submittal of invoices for project costs shall be in accordance with the above referenced publications and the following. 7. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans specifications & estimate, and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. 8. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds. 9. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after the award. Failure to do so will cause delay in processing the invoices for the construction component. As a minimum, the award information should have the following: Project number, project description, PPNO, date the project was advertised, award amount, bid opening date, award date and estimated completion date. 10.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, Program Supplement00-0595-E89- SERIAL Page 4 of 5 01>METl 0-TJKI 08/25/2008 r RPL -5049(017) SPECIAL COVENANTS OR REMARKS 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 00 -059S -E89- SERIAL Page 5 of 5