HomeMy WebLinkAboutReso 99-082 - Approving entering into Agreements with Caltrans R . , � •
RESOLUTION NO. 99- �'f Z--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING ENTERING INTO THE FOLLOWING AGREEMENTS WITH
CALTRANS:
(1) ADMINISTERING AGENCY-5TATE MASTER AGREE-
MENT NO. 000068 FOR STATE FUNDED PROJECTS; AND
(2) PROGRAM SUPPLEMENT NO. 0003 FOR PAVEMENT
REHAB ON LOCAL STREETS WITHIN THE CITY,
INCORPORATED INTO �HE ADMINISTERING
AGENCY—STATE MASTER AGREEMENT NO. 000068;
A.ND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SIGN ALL
FUTURE PROGRAM SUPPLEMENTS AS THEY ARE DEVELOPED.
BE IT RESOLVED that the City Council of the City of Redding approves entering into the
Adininistering Agency—State Master Agreement No. 000068 and Program Supplement No. 003
between the City of Redding as the Administering Agency and the State of California, acting by and
through its Department of Transportation. Copies of the Master Agreement and Program Supplement
are attached and made a part hereof.
BE IT FURTHER RESOLVED that:
1. The Mayor is authorized to sign Master Agreement No. 000068 on behalf of the City, as well
as any supplemental agreements required to finalize the Project documents prior to contract award.
2. The Director of Public Works is authorized to sign Program Supplement No. 003 on behalf of
the City, as well as any future program supplements as they are developed.
3. The City Clerk is directed to attest the Mayor's signatures and impress the official seal of the
City of Redding to the necessary documents.
I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a
regular meeting of the City Council on the l8th day of �ay , 1999, by the following vote:
AYES: COUNCILMEMBERS: Cibula, Kight, McGeorge, Pohlmeyer and Anderson
NOES: COiJNCIL MEMBERS: None
ABSENT: COLTNCIL MEMBERS: None
ABSTAIN: COLTNCIL MEMBERS: None
���7���..�-5+�.-�J
ROBERT C. ANDERSON, Mayor
Attest: Form Approved: �
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Connie ,Straht a�yer, City r-�— W. Leonard Winga e City Attorney i �
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AMENDED BY RESOLUTION 01-180
.' � � � � • MASTER AGREEMENT •
'- ADMINISTERING AGENCY - STATE AGREEMENT
FOR
STATE FUNDED PROJECTS
District 02
Agreement No. 000068
Citv of Reddina
Adminstering Aaency
THIS AGREE�tENT, made effective this 30thiay of MARCH , 1999, is by and
between the City of Redding, a city, county, or other public entity, hereinafter referred to as'
ADMINISTERING AGENCY,' the State of California, acting by and throuQh its Department of
Transportation, herinafter referred to as 'STATE.' V
WITNESSETH
WHEREAS, the Legislature of the State of California has enacted le�islation 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 fundin� 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 refened 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 refened to as "PROGRAM SUPPLEMENT," has been fully
eYecuted 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 PROGRAI�1 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 SUPPLE�IENT shall designate the ADMI�IISTERING AGENCY
responsible for impiementing the various phases of the PROJECT, the State funding program,
and the matching funds to be provided by ADMINISTERNG AGENCY and/or STATE.
Adoption and esecution of the PROGRAi�1 SUPPLEMENT by AD�II.NISTERNG AGENCY
and STATE, incorporating the terms and conditions of this AGP1EE�iE�,'T into the PROGR��I
SUPPLEMENT as though fully set forth therein, shall be sufficient to bind the
ADMINISTERNG AGENCY to these terms and conditions when performin� the PROJECT.
Unless other�vise expressly delegated in a resolution by the ADMI�tISTERING AGENCY'S
aovernina body and concurred in by STATE, the PROGRAM SUPPLE�IENT shall be managed
by the ADMNISTERING AGENCY'S governing body.
�. PROJECT shall be acquired, designed, and constructed as required in the Local
:4ssistance Program Guidel�nes, such other STATE procedures as are identified in the
PROGRAM SUPPLEMENT, and as is specified in this AGREEMENT.
6. Unless otherwise provided in the PROGR.Av1 SUPPLEMENT, the ADMNISTERING
AGENCY shall advertise, aw-ard, and administer the PROJECT construction contract or
contracts.
7- The estimated cost and scope of PROJECT will be as described in the PROGRAM
SUPPLENIENT and State funding participation is limited to the amounts established by STATE.
A contract for an amount in eYcess of said approved estimate may be awarded and expenditures
may eYceed said estimate provided ADMINISTERNG AGENCY provides the necessary
additional fundina or a PROJECT cost increase in State funding is first requested by
ADMNISTERI�IG AGENCY and is appro��ed by STATE in the form of an amended
PROGR�M SUPPLEMENT or a STATE approved encumbrance document addina or deleting
PROJECT funds.
8. Subsequent to the inclusion of the PROJECT in a plan or program approved bv STATE
and the �DMNISTERING AGENCY enterina into this AGREEyIENT and the PROJECT
specific PROGR��f SUPPLEMENT, the ADMNISTERI�iG �GENCY may request and
receive payment for eli�ible work as follows:
(a) ST�TE �vill reimburse the ST�.TE's share of eli�ible participating PR07ECT
costs monthly in arrears upon ADMNISTERING AGENCY'S submittal of siQned
acceptable monthly proaress pay invoices (in duplicate) for expenditures actually made
bv AD�II�IISTERING AGENCY.
(b) If PROJECT involves work on the STATE highway system, that PROJECT shall
also be the subject of separate standard forms of STA�I'E issued encroachment permits
issued to ADMNISTERNG AGENCY and any contractors and, where appropriate, an
executed cooperative agreement bet�veen STATE and ADMINISTERIi�1G AGENCY to
determine ho�v PROJECT is to be acquired, desi�ned, or constructed and to establish
o�vnership and future maintenance obliaations. y
(c) State funds will not participate in any portion of PROJECT work performed in
advance of either the effective date of the executed PROGRAM SUPPLE�IENT for
said PROJECT or the effective date of this AGREEMENT.
9. The total of all ADMINISTERNG AGENCY invoices (submitted monthlv or quarterly
in arrears) for reimbursement of participating PROJECT costs, includina all required
ADti1INISTERNG AGENCY matchinQ funds, must not exceed the actual total allow-able
PROJECT costs, includinQ, but not limited to, all completed preliminary en�ineerin� ��-ork, riaht
of way acquisition, desian and construction included within the PROJECT description contained
in the PROGRAi�i SUPPLEMENT.
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' , 10. Invoices shall b•bmitted on ADMINISTERING A�CY letterhead and shal
1
- reference this AGREEVIE�IT number, PROJECT number, and progress billing number for the
PROJECT, and shall be formatted and costs reported in accordance w�ith the current version of
Chapter �, "AccountinQ/Invoices," of the Local Assistance Procedures �Llanual published by
STATE.
1 l. 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 e�cecutes an
amendina PROGRA�1 SUPPLE�IENT or a STATE approved encumbrance document
encumbering those funds.
12. When additional State funds are not available, the ADtifNISTERI�IG AGENCY a�rees
that the payment of State funds will be limited to the amounts approved in the PROGRAi'�1
SUPPLEv1ENT, and aarees that any increases in PROJECT costs must be defrayed w�ith
ADMINISTERIivG AGENCY funds.
13. The legislature of the State of Caiifornia and the Governor of the State of Califomia, each
�vithin their respective jurisdictions, have prescribed certain employment practices with respect
to contract and other �vork financed w-ith 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. AD�INISTERIi�1G AGENCY and its subcontractors shall establish and maintain an
accounting system conforming to Generally Accepted AccountinQ Principles (GA:�P) to support
reimbursement payment vouchers or invoices which seQregate and accumulate costs of
PROJECT �vork elements and produce monthly reports which clearly identify reimbursable
costs, matchin� costs, and other expenditures by ADMI�IISTERING AGENCY.
1�. After completion of all work under this AGREEMENT, and after all PROJECT costs are
known, ADMNISTERNG AGENCY shall contract for a financial audit of PROJECT costs if
those costs are in eYcess of$300,000. This Audit, to be accomplished at the ADi�1NISTERIivG
AGENCY'S eYpense, may be done on an individual PROJECT basis, or PROJECT may be
included in the ADMTiVISTERING AGENCY'S annual Single Audit. If an individual audit of
PROJECT is done, the auditor must prepare a Final Audit Report: If ADi�1IVISTERING
AGENCY chooses the Sinale Audit option, an audit report is required for the State fundinQ
share. This report should be prepared in accordance with the Quidelines set forth in OMB
Circular A-133. Compliance testing performed for this audit should determine whether the
ADMI�IISTERI�IG AGENCY has a system that is adequate to accumulate and seQregate
reasonable, allowable and allocable costs to assure that:
(a) Reimbursement claims submitted to STATE for the PROJECT are supported by
payment vouchers and canceled checks.
(b) Charges for the various cateQories of eligible PROJECT costs incuned by the
AD�fINISTERING AGENCY y are fully supported and recorded in the
ADMINISTERNG AGENCY'S accountinQ records in accordance �vith �enerally
accepted accountinQ principles. y
(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 Govemments. Any instances of noncompliance or costs
determined ineliQible in accordance with these reaulations but ctaimed for
reimbursement should be identified and set forth in the auditor's report.
16. ADMI�IISTERI�tG AGENCY and all subcontractors shall comply with the Uniform
Administrative Requirements for State and Local Govemments set forth in the Code of Federal
ReQulations, Title �9, Part 18. In addition, the ADMINISTERING AGENCY agrees to comply
with the cost principles and procedures set forth in Office of�Ianagement and Budget Circular
Page 3 of 7 4/21/99
� A-87. The ADMNISTERIT�IG AGENCY a�rees that a reference to either Office v
� of i fanagement
and Budget Circular A-87 or the Code of Federal Regulations, Title 49, Chapter 1, Part 31,
�vhichever 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 AGREE�IENT.
17. The "State Report of Expenditures" must be completed by ADti1I?�1ISTERING AGEN�Y
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 �vhen all work identified in the approved
PROJECT Application and PROGR4itit 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 reportin� requirements may
result in the �L-ithholding of future allocations for other projects.
18. STATE reserves the ri�ht to conduct technical and financial audits if it is determined to
be necessarv. After any financial audit, AD�fINISTERIN'G AGENCY shall promptly refund
any excess State funds erroneously reimbursed to AD�INISTERNG AGENCY.
19. Should ADMIi�tISTERING AGENCY fail to refund all moneys due STATE as provided
hereunder or should ADMINISTERING AGENCY breach this AGREE�IENT by failing to
complete PROJECT, then, w�ithin thirty (30) days of demand, or within such other period as may
be agreed to in ��Z-itin� between the parties hereto, STATE, acting through the State Controller,
the State Treasurer, the California Transportation Coinmission (CTC), or any other public
aQencv, may �vithhold or demand a transfer of an amount equal to the PROJECT amount paid by
STATE from future apportionments or any other funds due AD�fINISTERIiVG AGENCY from
the HiQhw�av Users TaY Fund or any other funds and/or may �vithhold approval of future
ADMI�IISTERNG AGENCY projects. -
20. When PROJECT is not on the STATE hiahw-ay system but includes �vork to be
performed by a railroad, the contract for such w�ork shall be prepared and administered by
AD:�IINISTERING AGENCY or by STATE, as the parties may hereafter aQree. In either event,
AD�II�IISTERNG AGENCY shall enter into an AGREEMENT w�ith the railroad providing for
future maintenance of protective devices or other facilities installed or constructed under that
contract.
ARTICLE II - ENGINEERNG
l. "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, awardinQ contract, as �vell as Project
Deve(opment Contract Administration.
2. "Construction Engineering" eliaible costs include actual inspection and supervision of
construction �,vork, construction stakinQ, laboratory and field testina, preparation and processing
of field reports, and records, estimates, final reports, and allo�vable expenses of
employees/consultants enQaged in such activities.
�. Unless the parties shall other�vise agree in wYiting, ADMIi�iISTERNG �GENCY'S
employees or its subcontractor enQineerinQ consultant shall be responsible for all PROJECT
en�ineerinQ work. When construction engineerin� is performed by STATE. charQes by STAT'E
invoiced to ADMINISTERING AGENCY shall include an assessment on direct labor costs in
accordance w�ith Section 87».1 of the State �dministrative ��tanual. The portion of such
STATE charQes not contractually absorbed by STATE shall be paid from PROJECT or other
funds of ADv1NISTERI�IG AGENCY.
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4. No reimbursable or matching costs incurred by ADNIINISTERING AGENCY in the
period prior to the effective date of this AGREEyiENT or a later date specified in a PROGRANI
SUPPLE�tENT are allowable bv STATE.
A.TZTICLE III - RIGHT-OF-WAY
1. All related rights-of-wav as are necessary for the construction of PROJECT shall be
acquired by ADNII�IISTERING AGENCY, and no contract for construction of PROJECT or any
portion thereof shall be advertised until those necessary ri�hts-of-way have been secured.
2. The furnishing of rights-of-way as provided for herein includes, and is limited to, the
followinQ, unless the PROGRAI�1 SUPPLEMENT provides otherw�ise:
(a) expenditures to purchase all real property required for PROJECT free and clear of
liens, conflicting easements, obstructions and encumbrances, after crediting
PROJECT �vith the fair market value of any excess property retained and not
disposed of by AD�INISTERING AGENCY
(b) the payment of damages to real property not actually taken but injuriously affected
by the proposed improvement
(c) the cost of relocatina owners and occupants pursuant to Government Code Sections
7260-7?77 y
(d) the cost of demolition and sales of all improvements on the riaht of w-ay
(e) the cost of all unavoidable utility relocation, protection or removal
(fl the cost of all necessary hazardous material and hazardous waste clean up for which
ADMNISTERNG AGENCY is not responsible and the actual aenerator cannot be
identified or recoverv made y
3. Should ADMIi�1ISTERIN'G AGENCY, in acquiring right-of-way for PROJECT, displace
an individual, family, business, farm operation or nonprofit or�anization, the ADMI�IISTERING
AGENCY shall provide relocation payments and services as required by California Government
Code, Sections 7260-7277.
4. State funds will not participate in anv 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 ri?ht-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 ri�ht-of-�vay to obtain a STATE Encroachment Permit prior to the perfocmance of
said relocation w-ork. Any relocated utilities shall be correctly located and identified on the
PROJECT as-built plans.
ARTICLE IV - MISCELLANEOUS PROVISIONS
l. The cost of security, protection, or maintenance performed by ADNII�IISTERING
AGENCY or contractor forces during any temporary suspension of the w�ork or at any other time
may not be charged to the PROJECT.
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- 2. Neither STATE no�y officer or employee thereof shall�responsible for any damage
or liability occumng by reason of any-thing done or omitted to be done by AD�LINISTERING
AGENCY under or in connection with any work, authority, or jurisdiction delegated to
ADMINISTERNG AGENCY under this AGREE�TENT. It is also understood and agreed that,
pursuant to Government Code Section 89�.4, ADMIivISTERNG 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 j occurrina bv reason of any�thing done or
omitted to be done by ADVINISTERNG AGENCY under or in connection with any work,
authority, or jurisdiction dele�ated to ADi�fI�tISTERNG AGENCY under this AGREEVLENT.
3. Neither ADMNISTERI�IG AGENCY nor any officer or employee thereof, shall be
responsible for any damage or liability occurrina by reasons of anything done or omitted to be
done bv STATE under or in connection with any w-ork, authority, or jurisdiction delegated to
STATE under this AGREEMENT. It is also understood and aQreed that pursuant to Government
Code Section 89�.=�, STATE shall fuily defend, indemnify and hold AD�INISTERING
AGE�,�CY harmless from any liability imposed for injury� (as defined be Government Code
Section 810.8) occurring bv reason of anvthin� done or omitted to be done by STATE under or
in connection w-ith any w�ork, authority, or jurisdiction dele�ated to S�I'ATE under this
AGREEi�fENT.
4. Auditors of STATE shall be given access to books and records of ADMIi�1ISTERING
AGENCY and its contractors and subcontractors for the purpose of verifying PROJECT costs
and share to be paid. ADMIi�ISTERNG AGENCY shall include clauses in its contracts for
PROJECT obliQating contractors and subcontractors to conform and cooperate in any audit of
their PROJECT costs.
�. �D�fNISTERNG AGENCY will maintain and operate the PROJECT property
acquired, developed, rehabilitated, or restored for its intended public use until such time as the
parties miQht amend this AGREEMENT to otherw-ise provide. With the approval of STATE,
�DMI�tISTERI�tG AGENCY or its successors in interest in the property may transfer this
obliaation and responsibility to maintain and operate the property to another public entity.
6. Upon ADMNISTERING AGENCY acceptance of the completed PROJECT
construction contract or upon contractor being relieved of the responsibility for maintaining and
protecting a portion of the w�ork, the ADMINISTERNG AGENCY having jurisdiction over the
PROJECT shall maintain, repair and restore any damaQed portions of the completed work in a
manner satisfactory to the authorized representatives of STATE. I£ w-ithin ninety (90) davs after
receipt of notice from STATE that a PROJECT, or any portion thereof, under
ADVIINISTERNG AGENCY'S jurisdiction is not beinQ properly maintained, repaired or
restored and ADVINISTERNG AGENCY has not satisfactorily remedied the conditions
complained of, the approval of future projects of ADN1I�iISTERPv'G AGENCY will be w-ithheld
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,
throuah due process of law.
7. The ADi�INISTERI�IG AGENCY obli�ation to maintain, referred to in paraQraph 6
above, includes not onlv the physical condition of the PROJECT but its continued operation as
w�ell. PROJECT shall be maintained by an adequate and �vell-trained staff of enQineers andlor
such other professionals and technicians as the PROJECT requires. Said maintenance staff may
be employees of �DMI�IISTERI�IG AGENCY, another unit of aovernment, or a contractor
under an aareement with ADVtNISTERING AGENCY. All maintenance �vill be performed at
reaular intervals or as required for efficient operation of the complete PROJECT improvements.
8. Without the written consent of STATE, this AGREEMENT is not assiQnable by
ADVIINISTERING AGENCY, either in whole or in part. y
9. No alteration or variation of the terms of this AGREE�IENT or the PROGR.AN1
SUPPLEMENT shall be valid unless made in �vriting and si�ned by the parties hereto, and no
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' oral understanding or agreement not incorporated herein shall be bindin� 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 the AGREEMENT in any manner.
11. ADMNISTERING 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
AD�INISTERING AGENCY shall conform to all State statutes, regulations,and the
Local Assistance Program Guidelines and Local Assistance Procedures ��Ianual includin� 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 City of Redding
Department of Transportation
By gy
Chief, Office of Local Programs (Authorized Representative)
Project Implementation
Date Date
F �
�f�r G'. ?U
�/ �G2`�.an��
W. LEONARD WI aT`
Cit;� .'.',�rrev
Page 7 of 7 4/21/99
., ' ,t.. �' . � �
, PROGI2AM SUPPLEMENT NO. 003 Date:�ay 03, 1999
to Location:OZ-SHA-O-RDG
ADMINISTERING AGENCY-STATE AGREEMENT Project Number:RPL-5068(014)
FOR STATE FUNDED PROJECTS NO. 000068 E.A. Number:02-1r14200
Locode:�068
This PROGRAM SUPPLEMENT, effective 03/30/1999, is hereby incorporated into the Administering Agency - State
Agreement No. 000068 for State Funded Projects entered into between the ADNiINISTERING AGENCY and the STATE on
/ / and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is adopted in accordance
with Artic(e I of the aforementioned Master Agreement under authority of Resolution No. approved by the
ADMINISTERING AGENCY on (See copy attached).
The ADMINISTERING AGENCY further s[ipulates [hat 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:
on various local streets within the city - PPNO# 2075 - SB45
TYPE OF woFtx: Pavement Rehab
Estimated Cost State Funds Matching Funds
STATE $4,002,000.00 LOCAL OTHER
$4,002,000.00 $0.00 $0.00 $0.00
CITY OF REDDING
STATE OF CALIFORNIA
Department of Transportation
By gy
Chief, Office of Local Programs
Date Project Implementation
Date
Title
Z hereby certify upon my personal knowledge that budgeted £unds are available for this encumbrance:
Accounting Office ����G> � / Date S•3 • � � $4,002,000.00
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
324 1998 2660-101-042 98-99 0.30. . 0 N 262042 042-T 4,002,000.00
Program Supple�ent 00-0068-003- SERIAL Page 1 of 3
;02=�HA,-O-RDG � � OS/03/1999
.; + .
RPL-�068(014)
SPECIAL COVENANTS OR REMARKS
1 . The Local Agency will reimburse the State for their share of
costs for work requested to be performed by the State.
2 . 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.
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 12 months of the
construction fund allocation and complete the construction or
vehicle purchase contract within 36 months of award.
Program Supplement00-0068-003- SERIAL Page 2 of 3
; C2-�HA-O-RDG � � 0�/03/1999
+� .�,.
RPL-�068(014)
SPECIAL COVENANTS OR REMARKS
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 SUPPLEI�NT
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.
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 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 00-0068-003- SERIAL Page 3 of 3