CONTRACT 3493 Other,) ' Date :May 12, 2005
GRAM SUPPLEMENT NO. M003
to Location: 07- LA -0-ESEG
ADMINISTERING AGENCY -STATE AGREEMENT Project Number:RPSTPL- 5235(008)
FOR FEDERAL -AID PROJECTS NO. 07 -5235 E.A. Number: 07-4U2554
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 06/10/98 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 of4k- mtttMff- ly.
M. A.� +� r , approved by the Administering Agency on (o/ Z z/0 Jf (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:
Douglas St between Rosecrans Ave and Alaska Ave
TYPE OF WORK: Grade Separation LENGTH: 0 (MILES)
Estimated Cost
Federal Funds
Matching Funds
RPEO $8,173,975.00
LOCAL
SB45 STATE
OTHER
$12,093,009.00
Chapter
$2,860,009.00
$1,059,025.00
$0.00
CITY OF EL SEGUNDO
By
Date n G
Attest
Title`
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date 6/2.2/0 1�
--r Y
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer Grp Date
�`v'
$9,233,000.00
Chapter
Statutes
Item
Year
Program
BC
Category
Fund Source
AMOUNT
379 2002 2660 -101 -890 2002 -2003 20.30.600.620
S
262042 892 -F
8,173,975.00
379 2002 2660 - 101 -042 2002 -2003 20.30.600.620
S
262042 042 -T
1,059,025.00
Program Supplement 07- 5235 -MO03- ISTEA Page 1 of 6
07 -LA-0 ESEG
RPSTPL- 5235(008)
SPECIAL COVENANTS OR REMARKS
05/12/2005
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 most 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, 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
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.
5. 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.
6. 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:
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RPSTPL- 5235(008)
SPECIAL COVENANTS OR REMARKS
05/12/2005
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.
7. 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.
8. 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.
9. 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.
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RPSTPL- 5235(008)
SPECIAL COVENANTS OR REMARKS
05/12/2005
10.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.
ll.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.
12.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.
13.Award information shall be submitted by the ADMINISTERING AGENCY
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. 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
and LPP 01 -06.
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RPSTPL- 5235(008)
SPECIAL COVENANTS OR REMARKS
05/12/2005
14.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.
15.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).
16.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
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RPSTPL- 5235(008)
SPECIAL COVENANTS OR REMARKS
05/12/2005
actually allocated and encumbered as authorized by the California
Transportation Commission and the Department's Accounting Office.
17, 11ADMINISTERING 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."
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