HomeMy WebLinkAboutCC Resolution 10429 (Various Streets Pavement Rehab)RESOLUTION NO. 10429
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO
BE THE SIGNATORY FOR THE 1998 STIP AUGMENTATION
FUNDING FOR THE STATE MASTER AGREEMENT NO. 000043
AND PROGRAM SUPPLEMENT NO. 0024 REV. 0. FOR
PAVEMENT REHABILITATION OF VARIOUS STREETS IN SAN
RAFAEL.
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, the Transportation Equity Act for the 2151 Century (TEA 21)
(Public Law 105-178, June 9, 1998) and the TEA 21 Restoration Act (Public Law 105-
206, July 22, 1998) continue the Surface Transportation Program (23 U.S.C.s 133) and the
Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C.s 149);
and
WHEREAS, pursuant to TEA 21, and the regulations promulgated
thereunder, eligible project sponsors wishing to receive Surface Transportation Program or
Congestion Mitigation and Air Quality Improvement Program grants for a project shall
submit an application first with the appropriate metropolitan transportation planning
organization (MPO), for review and inclusion in the MPO's Transportation Improvement
Program (TIP); and
WHEREAS, the City, as an eligible project sponsor for Surface
Transportation Program or Congestion Mitigation and Air Quality Improvement Program
funds, did submit a grant application to Metropolitan Transportation Commission (MTC)
for funds from the Surface Transportation Program in fiscal year 1999/2000 for the
following project: Pavement Rehabilitation City -Wide $1,194,000.00; and
WHEREAS, on March 30, 1999, the California Transportation
Commission did pass Resolution #G-99-09, delegating the State Director of
Transportation to allocate STIP Funds; and
WHEREAS, effective May 25, 1999, the State did hereby allocate to the
City $1,194,000 to construct pavement rehabilitation throughout the City.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Rafael that the Public Works Director is authorized to execute the State Master
Agreement No. 000043 and Program Supplement No. 0024 Rev. 0. for the above-
mentioned project.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of
the Council of said City on the 2151 day of June, 1999, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE M. LE NCINI, City Clerk
MASTER AGREEMENT
ADMINISTERING AGENCY - STATE AGREEMENT
FOR
STATE FUNDED PROJECTS
District 04
Agreement No. 000043
Citv of San Rafael
Adminstering Agency
Itb
THIS AGREEMENT, made effective this25 day of AX , 1999, is by and
between the City of San Rafael, a city, county, or other public entity,/hereinafter referred to as
'ADMINISTERING AGENCY,' the State of California, acting by and through its Department of
Transportation, herinafter referred to as 'STATE.'
WITNESSETH
WHEREAS, the Legislature of the State of California has enacted legislation by which
certain State funds are made available for use on local transportation facilities and
ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC)
and/or STATE for funding from the State Transportation Improvement Program (STIP) or other
programs as defined in the Local Assistance Program Guidelines for use on those local
transportation facilities as local administered PROJECT(s), hereinafter referred to as
"PROJECT"; and
WHEREAS, as provided by STATE policy, said PROJECT will not receive any federal
funds; and
WHEREAS, STATE is required to enter into an AGREEMENT with ADMINISTERING
AGENCY to delineate those certain obligations placed upon ADMINISTERING AGENCY
relative to said State funding and the prosecution of said PROJECT by ADMINISTERING
AGENCY.
NOW, THEREFORE, the parties agree as follows:
ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any programmed
PROJECT unless and until a PROJECT -specific program supplement, adopting the terms of this
AGREEMENT, hereinafter referred to as "PROGRAM SUPPLEMENT," has been fully
executed by the parties.
2. The Financial commitment of STATE funds will occur only following the execution of
this AGREEMENT and the subsequest execution of each applicable PROJECT -specific
PROGRAM SUPPLEMENT.
3. ADMINISTERING AGENCY further agrees, as a condition to the release and payment
of State funds encumbered to the PROJECT described in the PROGRAM SUPPLEMENT, to
comply with the terms of this AGREEMENT and all of the agreed-upon Special Covenants and
Conditions attached to or made a part of the PROGRAM SUPPLEMENT, identifying and
defining the nature of that specific PROJECT.
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4. The PROGRAM SUPPLEMENT shall designate the ADMINISTERING AGENCY
responsible for implementing the various phases of the PROJECT, the State funding program,
and the matching funds to be provided by ADMINISTERING AGENCY and/or STATE.
Adoption and execution of the PROGRAM SUPPLEMENT by ADMINISTERING AGENCY
and STATE, incorporating the terms and conditions of this AGREEMENT into the PROGRAM
SUPPLEMENT as though fully set forth therein, shall be sufficient to bind the
ADMINISTERING AGENCY to these terms and conditions when performing the PROJECT.
Unless otherwise expressly delegated in a resolution by the ADMINISTERING AGENCY'S
governing body and concurred in by STATE, the PROGRAM SUPPLEMENT shall be managed
by the ADMINISTERING AGENCY'S governing body.
5. PROJECT shall be acquired, designed, and constructed as required in the Local
Assistance Program Guidelines, such other STATE procedures as are identified in the
PROGRAM SUPPLEMENT, and as is specified in this AGREEMENT.
6. Unless otherwise provided in the PROGRAM SUPPLEMENT, the ADMINISTERING
AGENCY shall advertise, award, and administer the PROJECT construction contract or
contracts.
7. The estimated cost and scope of PROJECT will be as described in the PROGRAM
SUPPLEMENT and State funding participation is limited to the amounts established by STATE.
A contract for an amount in excess of said approved estimate may be awarded and expenditures
may exceed said estimate provided ADMINISTERING AGENCY provides the necessary
additional funding or a PROJECT cost increase in State funding is first requested by
ADMINISTERING AGENCY and is approved by STATE in the form of an amended
PROGRAM SUPPLEMENT or a STATE approved encumbrance document adding or deleting
PROJECT funds.
8. Subsequent to the inclusion of the PROJECT in a plan or program approved by STATE
and the ADMINISTERING AGENCY entering into this AGREEMENT and the PROJECT
specific PROGRAM SUPPLEMENT, the ADMINISTERING AGENCY may request and
receive payment for eligible work as follows:
(a) STATE will reimburse the STATE's share of eligible participating PROJECT costs
monthly in arrears upon ADMINISTERING AGENCY'S submittal of signed acceptable
monthly progress pay invoices (in duplicate) for expenditures actually made by
ADMINISTERING AGENCY.
(b) If PROJECT involves work on the STATE highway system, that PROJECT shall
also be the subject of separate standard forms of STATE issued encroachment permits issued to
ADMINISTERING AGENCY and any contractors and, where appropriate, an executed
cooperative agreement between STATE and ADMINISTERING AGENCY to determine how
PROJECT is to be acquired, designed, or constructed and to establish ownership and future
maintenance obligations.
(c) State funds will not participate in any portion of PROJECT work performed in
advance of either the effective date of the executed PROGRAM SUPPLEMENT for said
PROJECT or the effective date of this AGREEMENT.
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9. The total of all ADMINISTERING AGENCY invoices (submitted monthly or quarterly
in arrears) for reimbursement of participating PROJECT costs, including all required
ADMINISTERING AGENCY matching funds, must not exceed the actual total allowable
PROJECT costs, including, but not limited to, all completed preliminary engineering work, right
of way acquisition, design and construction included within the PROJECT description contained
in the PROGRAM SUPPLEMENT.
10. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall
reference this AGREEMENT number, PROJECT number, and progress billing number for the
PROJECT, and shall be formatted and costs reported in accordance with the current version of
Chapter 5, "Accounting/Invoices," of the Local Assistance Procedures Manual published by
STATE.
11. STATE programmed amounts may be increased to cover PROJECT cost increases only if
such funds are available, STATE concurs with that proposed increase, and STATE executes an
amending PROGRAM SUPPLEMENT or a STATE approved encumbrance document
encumbering those funds.
12. When additional State funds are not available, the ADMINISTERING AGENCY agrees
that the payment of State funds will be limited to the amounts approved in the PROGRAM
SUPPLEMENT, and agrees that any increases in PROJECT costs must be defrayed with
ADMINISTERING AGENCY funds.
13. The legislature of the State of California and the Governor of the State of California, each
within their respective jurisdictions, have prescribed certain employment practices with respect
to contract and other work financed with State funds. ADMINISTERING AGENCY shall
ensure that work performed under this AGREEMENT is done in conformance with the rules and
regulations embodying such requirements where they are applicable.
14. ADMINISTERING AGENCY and its subcontractors shall establish and maintain an
accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support
reimbursement payment vouchers or invoices which segregate and accumulate costs of
PROJECT work elements and produce monthly reports which clearly identify reimbursable
costs, matching costs, and other expenditures by ADMINISTERING AGENCY.
15. After completion of all work under this AGREEMENT, and after all PROJECT costs are
known, ADMINISTERING AGENCY shall contract for a financial audit of PROJECT costs if
those costs are in excess of $300,000. This Audit, to be accomplished at the ADMINISTERING
AGENCY'S expense, may be done on an individual PROJECT basis, or PROJECT may be
included in the ADMINISTERING AGENCY'S annual Single Audit. If an individual audit of
PROJECT is done, the auditor must prepare a Final Audit Report. If ADMINISTERING
AGENCY chooses the Single Audit option, an audit report is required for the State funding
share. This report should be prepared in accordance with the guidelines set forth in OMB
Circular A-133. Compliance testing performed for this audit should determine whether the
ADMINISTERING AGENCY has a system that is adequate to accumulate and segregate
reasonable, allowable and allocable costs to assure that:
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(a) Reimbursement claims submitted to STATE for the PROJECT are supported by
payment vouchers and canceled checks.
(b) Charges for the various categories of eligible PROJECT costs incurred by the
ADMINISTERING AGENCY are fully supported and recorded in the ADMINISTERING
AGENCY'S accounting records in accordance with generally accepted accounting principles.
(c) The ADMINISTERING AGENCY complied with CFR 49 Part 18, Uniform
Administrative Requirements for State and Local Governments and OMB A-87, Cost Principles
for State and Local Governments. Any instances of noncompliance or costs determined
ineligible in accordance with these regulations but claimed for reimbursement should be
identified and set forth in the auditor's report.
16. ADMINISTERING AGENCY and all subcontractors shall comply with the Uniform
Administrative Requirements for State and Local Governments set forth in the Code of Federal
Regulations, Title 49, Part 18. In addition, the ADMINISTERING AGENCY agrees to comply
with the cost principles and procedures set forth in Office of Management and Budget Circular
A-87. The ADMINISTERING AGENCY agrees that a reference to either Office of
Management and Budget Circular A-87 or the Code of Federal Regulations, Title 49, Chapter 1,
Part 31, whichever is applicable and the code of Federal Regulations, Title 49, Part 18, will be
included in any subcontracts entered into as a result of this AGREEMENT.
17. The "State Report of Expenditures" must be completed by ADMINISTERING
AGENCY within one hundred eighty (180) days of PROJECT completion in the format
described for State funded projects in Chapter 17, "Project Completion" of the Local Assistance
Procedures Manual. The Final Invoice must be submitted with the "State Report of
Expenditures". The Audit must be completed by the December 30th following the fiscal year of
PROJECT completion. Project completion is defined as when all work identified in the
approved PROJECT Application and PORGRAM SUPPLEMENT has been completed and final
costs are known. The report documents (State Report of Expenditures and Final Audit Report)
will be sent to the appropriate STATE office. Failure to comply with these reporting
requirements may result in the withholding of future allocations for other projects.
18. STATE reserves the right to conduct technical and financial audits if it is determined to
be necessary. After any financial audit, ADMINISTERING AGENCY shall promptly refund
any excess State funds erroneously reimbursed to ADMINISTERING AGENCY.
19. Should ADMINISTERING AGENCY fail to refund all moneys due STATE as provided
hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to
complete PROJECT, then, within thirty (30) days of demand, or within such other period as may
be agreed to in writing between the parties hereto, STATE, acting through the State Controller,
the State Treasurer, the California Transportation Commission (CTC), or any other public
agency, may withhold or demand a transfer of an amount equal to the PROJECT amount paid by
STATE from future apportionments or any other funds due ADMINISTERING AGENCY from
the Highway Users Tax Fund or any other funds and/or may withhold approval of future
ADMINISTERING AGENCY projects.
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20. When PROJECT is not on the STATE highway system but includes work to be
performed by a railroad, the contract for such work shall be prepared and administered by
ADMINISTERING AGENCY or by STATE, as the parties may hereafter agree. In either event,
ADMINISTERING AGENCY shall enter into an AGREEMENT with the railroad providing for
future maintenance of protective devices or other facilities installed or constructed under that
contract.
ARTICLE II - ENGINEERING
1. "Project Development Costs" includes all preliminary work up to contract award for
construction and directly related to the PROJECT, including, but not limited to, environmental
studies, preliminary surveys and reports, laboratory work, soil investigation, preparation of
plans, specifications and estimates, advertising for bids, awarding contract, as well as Project
Development Contract Administration.
2. "Construction Engineering" eligible costs include actual inspection and supervision of
construction work, construction staking, laboratory and field testing, preparation and processing
of field reports, and records, estimates, final reports, and allowable expenses of
employees/consultants engaged in such activities.
3. Unless the parties shall otherwise agree in writing, ADMINISTERING AGENCY'S
employees or its subcontractor engineering consultant shall be responsible for all PROJECT
engineering work. When construction engineering is performed by STATE, charges by STATE
invoiced to ADMINISTERING AGENCY shall include an assessment on direct labor costs in
accordance with Section 8755.1 of the State Administrative Manual. The portion of such
STATE charges not contractually absorbed by STATE shall be paid from PROJECT or other
funds of ADMINISTERING AGENCY.
4. No reimbursable or matching costs incurred by ADMINISTERING AGENCY in the
period prior to the effective date of this AGREEMENT or a later date specified in a PROGRAM
SUPPLEMENT are allowable by STATE.
ARTICLE III - RIGHT-OF-WAY
1. All related rights-of-way as are necessary for the construction of PROJECT shall be
acquired by ADMINISTERING AGENCY, and no contract for construction of PROJECT or any
portion thereof shall be advertised until those necessary rights-of-way have been secured.
2. The furnishing of rights-of-way as provided for herein includes, and is limited to, the
following, unless the PROGRAM SUPPLEMENT provides otherwise:
(a) expenditures to purchase all real property required for PROJECT free and clear of
liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the
fair market value of any excess property retained and not disposed of by ADMINISTERING
AGENCY.
Page 5 of 8 4/21/99
(b) the payment of damages to real property not actually taken but injuriously
affected by the proposed improvement
(c) the cost of relocating owners and occupants pursuant to Government Code
Sections 7260-7277
(d) the cost of demolition and sales of all improvements on the right of way
(e) the cost of all unavoidable utility relocation, protection or removal
(f) the cost of all necessary hazardous material and hazardous waste clean up for
which ADMINISTERING AGENCY is not responsible and the actual generator cannot be
identified or recovery made.
3. Should ADMINISTERING AGENCY, in acquiring right-of-way for PROJECT, displace
an individual, family, business, farm operation or nonprofit organization, the ADMINISTERING
AGENCY shall provide relocation payments and services as required by California Government
Code, Sections 7260-7277.
4. State funds will not participate in any PROJECT costs arising out of delays to
construction or demolition contractor's orderly prosecution of the work because utilities have not
been timely removed or relocated or due to the unavailability of rights-of-way.
5. If any protection, relocation or removal of utilities is required within STATE'S
right-of-way, such work shall be performed in accordance with STATE policy and procedure.
ADMINISTERING AGENCY shall require any utility company performing relocation work in
the STATE'S right-of-way to obtain a STATE Encroachment Permit prior to the performance of
said relocation work. Any relocated utilities shall be correctly located and identified on the
PROJECT as -built plans.
ARTICLE IV - MISCELLANEOUS PROVISIONS
1. The cost of security, protection, or maintenance performed by ADMINISTERING
AGENCY or contractor forces during any temporary suspension of the work or at any other time
may not be charged to the PROJECT.
2. Neither STATE nor any officer or employee thereof shall be responsible for any damage
or liability occurring by reason of anything done or omitted to be done by ADMINISTERING
AGENCY under or in connection with any work, authority, or jurisdiction delegated to
ADMINISTERING AGENCY under this AGREEMENT. It is also understood and agreed that,
pursuant to Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend,
indemnify and hold STATE, its officers and employees harmless from any liability imposed for
injury (as defined be Government Code Section 810.8) occurring by reason of anything done or
omitted to be done by ADMINISTERING AGENCY under or in connection with any work,
authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT.
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3. Neither ADMINISTERING AGENCY nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reasons of anything done or omitted to be
done by STATE under or in connection with any work, authority, or jurisdiction delegated to
STATE under this AGREEMENT. It is also understood and agreed that pursuant to Government
Code Section 895.4, STATE shall fully defend, indemnify and hold ADMINISTERING
AGENCY harmless from any liability imposed for injury (as defined be Government Code
Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or
in connection with any work, authority, or jurisdiction delegated to STATE under this
AGREEMENT.
4. Auditors of STATE shall be given access to books and records of ADMINISTERING
AGENCY and its contractors and subcontractors for the purpose of verifying PROJECT costs
and share to be paid. ADMINISTERING AGENCY shall include clauses in its contracts for
PROJECT obligating contractors and subcontractors to conform and cooperate in any audit of
their PROJECT costs.
5. ADMINISTERING AGENCY will maintain and operate the PROJECT property
acquired, developed, rehabilitated, or restored for its intended public use until such time as the
parties might amend this AGREEMENT to otherwise provide. With the approval of STATE,
ADMINISTERING AGENCY or its successors in interest in the property may transfer this
obligation and responsibility to maintain and operate the property to another public entity.
6. Upon ADMINISTERING AGENCY acceptance of the completed PROJECT
construction contract or upon contractor being relieved of the responsibility for maintaining and
protecting a portion of the work, the ADMINISTERING AGENCY having jurisdiction over the
PROJECT shall maintain, repair and restore any damaged portions of the completed work in a
manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after
receipt of notice from STATE that a PROJECT, or any portion thereof, under
ADMINISTERING AGENCY'S jurisdiction is not being properly maintained, repaired or
restored and ADMINISTERING AGENCY has not satisfactorily remedied the conditions
complained of, the approval of future projects of ADMINISTERING AGENCY will be withheld
until the PROJECT shall have been put in a condition satisfactory to STATE. The provisions of
this section shall not apply to a PROJECT which has been vacated, as preapproved by STATE,
through due process of law.
7. The ADMINISTERING AGENCY obligation to maintain, referred to in paragraph 6
above, includes not only the physical condition of the PROJECT but its continued operation as
well. PROJECT shall be maintained by an adequate and well-trained staff of engineers and/or
such other professionals and technicians as the PROJECT requires. Said maintenance staff may
be employees of ADMINISTERING AGENCY, another unit of government, or a contractor
under an agreement with ADMINISTERING AGENCY. All maintenance will be performed at
regular intervals or as required for efficient operation of the complete PROJECT improvements.
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8. Without the written consent of STATE, this AGREEMENT is not assignable by
ADMINISTERING AGENCY, either in whole or in part.
9. No alteration or variation of the terms of this AGREEMENT or the PROGRAM
SUPPLEMENT shall be valid unless made in writing and signed by the parties hereto, and no
oral understanding or agreement not incorporated herein shall be binding on any of the parties
hereto.
10. This Agreement is subject to any additional restrictions, limitations, conditions, or any
statute enacted by the State Legislature or adopted by the CTC that may affect the provisions,
terms, or funding of this AGREEMENT in any manner.
11. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder
only for transportation purposes that are in conformance with Article XIX of the California State
Constitution.
ARTICLE V - CONDITION OF ACCEPTANCE
ADMINISTERING AGENCY shall conform to all State statutes, regulations,and the
Local Assistance Program Guidelines and Local Assistance Procedures Manual including all
subsequent approved revisions thereto. hereafter collectively referred to as PROCEDURES,
applicable to PROJECT unless otherwise designated in the approved PROGRAM
SUPPLEMENT.
This AGREEMENT and any PROGRAM SUPPLEMENT(s) executed under this
AGREEMENT shall terminate upon sixty (60) days' prior written notice by STATE.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly
authorized officers.
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Loccil-Orograms
'r Project Implementation
Date 7 //�
City of San Rafael
..�
By
e",
(Authorized Representative)
David M. Bernardi,
Public Works Director
Date Jane21 S�19, 1999
ATTEST p �,£� K
, Jeanne oncini,
City Clerk
Page 8 of 8 4/21/99
PROGRAM SUPPLEMENT NO. 024
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR STATE FUNDED PROJECTS NO. 000043
Date: June 02, 1999
Location: 04 -MRN -0 -SRF
Project Number: RPL -5043(006)
E.A. Number:04-OU3601
Locode:5043
This PROGRAM SUPPLEMENT, effective 05/25/1999, is hereby incorporated into the Administering Agency - State
Agreement No. 000043 for State Funded Projects entered into between the ADMINISTERING AGENCY and the STATE on
and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is adopted in accordance
with Article I of the aforementioned Master Agreement under authority of Resolution No. 10111-cl approved by the
ADMINISTERING AGENCY on ao 1" 197(See copy attached).
The ADMINISTERING AGENCY further stipulates that as a condition to payment of funds encumbered to this project, it
accepts and will comply with the Special Covenants and Conditions set forth on the following pages.
PROJECT LOCATION:
at various locations
TYPE OF WORK: pavement rehabilitation
Estimated Cost State Funds Matching Funds
STATE $1,194,000.00 LOCAL OTHER
$1,194,000.00 $0.00 $0.00
CITY OF SAN RAFAEL
BY
David M. Bernardi
Date June 21, 1999
Titlepublic Works Director
$0.00
STATE OF CALIFORNIA
Department ,�ofTransportat'
By
Chief, Office of Locl3 Programs
Xe
Project Implementat' n
Date/�
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
ljAccounting Office(/WMt � ' i"�Date___6 - 2 - 9 ? $1,194,000.00
Chapter I Statutes I Item I Year I / rogra� ` I BC I Category I Fund Source I AMOUNT
324 1998 2660-101-042 98-99 ?.30.600.620 N 262042 042-T 1,194,000.00
Program Supplement 00-0043-024- SERIAL Page 1 of 3
04 -MRN 0 -SRF
RPL -5043(006)
SPECIAL COVENANTS OR REMARKS
06/02/1999
1. This PROJECT is programmed to receive funding from the 1998 State
Transportation Improvement Program (STIP), as amended. 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
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.
2. 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.
3. 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 12 months of the
construction fund allocation and complete the construction or
vehicle purchase contract within 36 months of award.
4. 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
Program Supplement 00-0043-024- SERIAL Page 2 of 3
04 -MRN -0 -SRF
RPL -5043(006)
SPECIAL COVENANTS OR REMARKS
06/02/1999
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.
5. 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.
6. 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.
7. All funding obligations of STATE under the conditions of this
PROGRAM SUPPLEMENT are subject to the appropriation of resources
by the Legislature and the encumbrance of funds under this
PROJECT. Funding and reimbursement are available only upon the
passage of the State Budget Act containing these STATE funds.
Program Supplement 00-0043-024- SERIAL Page 3 of 3