The URL can be used to link to this page

Home My WebLink AboutCalifornia, State Of; 2004-09-22; 11-5308 018-R2*. PROGRAM SUPPLEMENT NO. 018 Rev. 2 to LOCAL AGENCY-STATE AGREEWENT FOR FEDERAL-AID PROJECTS NO. 11-5308 Estimated Cost Date : August 26,2004 Location: 1 I-SD-O-CBD Project Number: CML-5308(005) E.A. Number: 11-955586 Federal Funds Matching Funds 3200 $768,000.00 LOCAL 4400 TSM MATCH I I * - This Program Supplement is hereby incorporated into the Local Agency-State Agreement for Federal Aid which was entered into between the Local Agency and the State on 11/21/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article I1 of the aforementioned Master Agreement under authority of Resolution No. uoo-353 , approved by the Local Agency on / Z/ 5/ (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCAT ION : San Diego Train Station to Oceanside Transit Center TYPE OF WORK: BikeLane LENGTH: 42 (MILES) 1 :Eo" $4,608,733 .00 I $85 1,434.00 $600,000.00 $502,658.00 $1,694,64 1 .00 I $192,000.C STATE OF CALIFORNIA Department of Transportation CITY OF CARLSBAD 6~./ Lf, Office of Project Implementation Division of Local Assistance $4,106,075.00 AMOUNT - 52 2000 2660-1 0 1-890 2000-2001 20.30.01 0.820 C 262040 892-F 600,000.00 157 2003 2660-1 02-890 2003-2004 20.30.010.820 C 262040 892-F 1,694,641.00 139 1994 2660- 10 1-890 94-95 20.30.010.820 C 262040 892-F 768,000.00 139 1994 2660-125-042 94-95 20.30.0 10.82 1 C 258020 042-T 192,000.00 106 200 1 2660-1 0 1-890 200 1-2002 20.30.010.820 C 262040 892-F 85 1,434.00 Program Supplement11-5308-018-R2 ISTEA Page 1 of 4 08/26/2004 SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the most current published Local Assistance Procedures Manual. 2. 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. 3. State Traffic System Management (TSM) funds are being made available to match only those federal funds eligible in accordance with Section 182.4 of the Streets and Highways Code and as permitted by Article XIX of the State Constitution. 4. Federal funds eligible for TSM match will be proportional to the total federal participating amount established at contract award as indicated on the Finance or Bid Letter or its modification. 5. This Agreement supplements the ADMINISTERING AGENCY-State Master Agreement with the understanding that all provisions of the Transportation Equity Act (TEA-21) and CMAQ provisions apply. 6. All project repair, replacement and maintenance involving the physical condition and the operation of project improvements referred to in Article I11 -CE, of the aforementioned Master Agreement will be the responsibility of the ADMINISTERING AGWCY and shall be performed at regular intervals and as required for efficient operation of the completed project improvements. 7. 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 $300,000 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 h Research. OMB A-133 superceded ONB 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. 8. Award information shall be sll)unitted by the ADMINISTERING AGENCY Program Supplementll-5308-018-R2 ISTEA Page 2 of 4 11-SD-0-CBb CML-5308(005) 08/26/2004 SPECIAL COVENANTS OR REMARKS to the District Local Assistance Engineer immediately 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 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 and LPP 01-06. 9. 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 vvAuthorization 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. 10.ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase (s) with an IIAuthorization to Proceedf1 and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceedv1 from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). 11.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. Program Supplement11-5308-018-R2 ISTEA Page 3 of 4 * 1 1-SD-0-CBD CML-5308(005) 08/26/2004 SPECIAL COVENANTS OR REMARKS 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. Program Supplement11-5308-018-~t2 ISTEA page 4 of 4 STATE OF CALIFORNIA. BUSINESS,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 TDD (916) 654-4014 (916) 654-3151 Fax (916) 653-7621 RECEIVED September 2,2004 Mr. Lloyd Hubbs City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 SEF 07 2004 ENGINEERING DEPARTMENT File : 11-SD-0-CBD CML-5308(005) San Diego Train Station to Oceanside Transit Center Attn: Ms. Sherri Howard Dear Mr. Hubbs: Enclosed are an original and one copy of Program Supplement Agreement No. 01 8-R2 to Administering Agency-State Agreement No. 11 -5308 and an approved Finance Letter for the subject project. Please retain the signed Finance Letter for your records. The Division of Local Assistance has changed the format on all Federal Program Supplement Agreements. We no longer display the various phase(s) of work on the front page of these Program Supplement Agreements. We have included two new special covenants that allow any funding for future phases of this project be encumbered upon approval of €he "Request for Authorization" and Finance Letter. The Program Supplement Agreement need not be revised for that purpose. However, please note that federal funding will be lost if you proceed with future phase@) 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 - MSl. 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, DAVID THOMPSON, Acting Chief Office of Project Implementation Division of Local Assistance Enclosure c: DLA AE Project Files (1 1) DLAE - Gary Vettese cn ~9 LL wo ~$ .. c 0 m C - 8 t 8 - z C m C 0. C m .- - 3 !?? In C 0 In a, 3 .- c I 2 m 4 ooomm ooozz n 5s ;: W LL I- ti- 7 c 0 W 0 m a W 0 Z 6 z LL t a, C 0 c W m ._ $ Q) 0 c m In u) c ._ 2 8 - 0 -I P %I i= cn 5 t 4 6 W 0 Z 2 U STATE OF CALIFORNIA. BUSINESS,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 TDD (916) 654-4014 Fax (916) 653-7621 (916) 654-3151 September 22,2004 File : 1 1 -SD-O-CBD CML-5308(005) San Diego Train Station to Oceanside Transit Center Mr. Lloyd Hubbs City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attn: Ms. Sherri Howard Dear Mr. Hubbs: Enclosed is your fully executed copy of Program Supplement Agreement No. 01 8-R2 to Administering Agency-State Agreement No. 1 1-5308 . Sincerely, @DAVID THOMPSON, Acting Chief Off ice of Project Implementation Division of Local Assistance Enclosure c: DLA AE Project Files (1 1) DLAE - Gary Vettese