Resolution No. 7944e
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RESOLUTION NO. 7944
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
PROGRAM SUPPLEMENT NO. M001 ADMINISTERING AGENCY -
STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 07-
5139 BY AND BETWEEN THE CITY OF VERNON AND THE
STATE OF CALIFORNIA, ACTING BY AND THROUGH THE
DEPARTMENT OF TRANSPORTATION
WHEREAS, on August 18, 1998, the City Council of the City of
Vernon adopted Resolution No. 7206 approving and authorizing the
execution of an Administering Agency -State Agreement for Federal -Aid
Projects No. 07-5139 and Program Supplement Agreement No. 006 to Local
Agency -State Agreement (the "Agreements") with the State of California,
acting by and through the Department of Transportation ("State"); and
WHEREAS, in accordance with the Agreements, the City of
Vernon received federal funds for a feasibility study of congestion
and traffic management in the Alameda Corridor; and
WHEREAS, the State has requested that the City execute
Program Supplement No. M001 to the Agreements providing for special
covenants allowing additional funding for future phases of the
intersection improvements project at Atlantic and Bandini Boulevards
(the "Project") to be encumbered by use of a State approved
"Authorization to Proceed" and Finance Letter rather than revisions to
the Program Supplement Agreement; and
WHEREAS, the Project is programmed to receive funding from
the 1998 State Transportation Improvement Program (STIP), as amended;
Iand
WHEREAS, by letter dated April 11, 2002, Bruce V.
Malkenhorst, the City Administrator/City Clerk, has recommended
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approval of Program Supplement No. M001 with the State for the
programming of funds to the City of Vernon for the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
�Ifinds and determines that the recitals contained hereinabove are true
(land correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Program Supplement No. M001 with the State, a Icopy of
which is attached hereto as Exhibit "A" and made a part hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Supplement
for, and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
(directs the City Clerk, or his designee, to return two executed
Supplements together with a certified copy of this Resolution to:
Fardad Falakfarsa, Chief
Office of Project Implementation - MS1
Division of Local Assistance
State of California
Department of Transportation
P. 0. Box 942874, MS# 1
Sacramento, CA 94274-0001
SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 17th day of April, 2002.
G r'�
EONIS C. MALB RG, Major
ATTEST:
BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7944, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, April 17,
2002, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
- 3 -
EXHIBIT
}
PROGRAM SUPPLEMENT NO. 14001 Date: September19,2001
to Location: 07-LA-0-VER
ADMINISTERING AGENCY -STATE AGREEMENT Project Number:gpSrpL-5139(049)
FOR FEDERAL -AID PROJECTS NO. 07-5139 E.A. Number:074U2264
This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between
the Agency and the State on 09/28/98 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.
approved by the Agency on (See copy attached). ,
The 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 LOCATION:
Atlantic Boulevard at Bandini Boulevard - improve intersection
TYPE OF WORK: Intersection Improvements LENGTH: 0 (MILES)
Estimated Cost
Federal Funds
Matching Funds
$10,745,000.00
RPB $6,158,000.00
LOCAL
$3,382,000.00
SB45 STATE
$1,205,000.00
OTHER
$0.00
voauvvav
By
LEONIS C. MALBURG, Mayor
Date
Attest
Title BRUCE V. MALKENHORST, City lerk
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Local Programs
Project Implementation
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting. Officer t'Cj�yy� Date
Chapter Statutes Item ear Program BC Categ ry Fund Source
106 2001 2660-101-890 2001-2002 20.30.600.620 S 262042 892-F
106 2001 2660-101-042 2001-2002 20.30.600.620 S 262042 042-T
APPROVED AS TO FORM:
By:
Eduardo Olivo, City Attorney
$7,363,000.00
AMOUNT
6,158,000.00
1,205,000.00
Program Supplement 07-5139-M001- ISTEA Page 1 of 5
07-LA-0-VER 09/19/2001 a
RPSTPL-5139(009)
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. 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.
3. 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 and 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.
4. 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.
5. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer immediately after the
project contract award. 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.
6. 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
Program Supplement 07-5139-MO01- ISTSA Page 2 of 5
i
07-LA-0 ;VER 09/19/2001
RPSTPL-5139(009)
SPECIAL COVENANTS OR REMARKS
Federal Highway Administration.
7. 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).
8. 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 l) 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.
9. 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.
10.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.
Program Supplement 07-5139-M001- ISTEA Page 3 of 5
07-1A-;-VER 09/19/2001
RPSTPL-5139(009)
SPECIAL COVENANTS OR REMARKS
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.
11.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.
12.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.
13.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.
14.All obligations of STATE under the terms of this Agreement are
subject to the appropriation ofresources by the Legislature and
the encumbrance of funds under this. Agreement. Funding and
reimbursement are available only upon the passage of the State
Program SuPPlemeht 07-5139-M001- ISTSA Page 4 of 5
07-LA-0-VER 09/19/2001
Pr
RPSTPL-5139(009)
0
SPECIAL COVENANTS OR REMARKS
Budget Act containing these STATE funds.
Program Supplement07-5139-M001- ISTEA Page 5 of 5
SUPPORTING
DOCUMENTS
4
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
April 29, 2002
Farbad Falakfarsa
Office of Project Implementation - MSI
Division of local Assistance
State of California
Department of Transportation
P.O. Box 942874, MS #1
Sacramento, CA 94274-001
Re: Resolution No. 7944
Program Supplement No. M001 Administering
Agency State Agreement for Federal -Aid
Projects No. 07-5139
Dear Mr. Falakfarsa:
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
Transmitted herewith are two (2) executed Supplements of the above
referenced and a certified copy of Resolution No. 7944 approved by the
Vernon City Council on April 17, 2002.
If you have any questions regarding this matter, please call Mr. Kevin
S. Wilson at (323) 583-8811 ext. 245.
Very truly yours,
Nelly Gi in
Assistant Chief Deputy City Clerk
NG:mt
CC: Kevin W]
VE
PROGRAM SUPPLEMENT NO. M001
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO. 07-5139
Date: September 19, 2001
Location: 07-LA-0-VER
Project Number: RPSTPL-5139(009)
B.A. Number:07-4U2264
This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between
the Agency and the State on 09/28/98 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. ,
approved by the Agency on (See copy attached).
The Agency further stipulates that as a condition to payment of funds obligated to thiss project, it accepts and will comply with the
covenants or remarks setforth on the following pages.
PROJECT LOCATION:
Atlantic Boulevard at Bandini Boulevard - improve intersection
TYPE OF WORM: Intersection Improvements
LENGTH: 0(MILES)
Estimated Cost
Federal Funds
Matching Funds
$10,745,000.00
RPB $6,158,006.00
LOCAL
$3,382,000.00
SB45 STATE
$1,205,000.00
OTHER
$0.00
CITY OF VERNON A ove d as to F STATE OF CALIFORNIA
�T Department of Transportation
oOlivEduard':City Atto eyBY
Date Mayor
Chief, Office of Local Programs
Project Implementation
Attest
Date
Title
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer
Chapter I Statutes ( Item
Date
Program I BC
Fund Source
106 2001 2660-101-890 2001-2002 20.30.600.620 S 262042 892-F
106 2001 2660=101-042 2001-2002 20.30.600.620 S 262042 042-T
Program Supplement 07-5139-M001- ISTEA
$7,363,000.00_ -
AMOUNT
6,158,000.00
1,205,000.00
Page 1 of 5
{
07-LA-0-VER
RPSTPL-5139(009)
SPECIAL COVENANTS OR REMARKS
09/19/2001
1. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the most current published Local
Assistance Procedures Manual.
2. 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.
3. 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 and 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.
4. 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.
S. Award information shall be submitted by the ADMINISTERING AGENCY
,to the District Local Assistance Engineer, immiediately after the
project contract award. 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.
6. 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
Program Supplement 07-5139-M001- ISTSA Page 2 of 5
a
07-LA-0-VER
09/19/2001
RPSTPL-5139(009)
SPECIAL COVENANTS OR REMARKS
Federal Highway Administration.
7. 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).
8. 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.
9. 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.
10.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.
Program Supplement 07-5139-M001- ISTEA Page 3 of 5
- '07-LA-0-VER
09/19/2001
RPSTPL-5139(009)
SPECIAL COVENANTS OR REMARKS
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.
11.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.
12.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.
13.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.finar-payment
to the contractor and prepare the final Report of Expenditures
and final invoice, and submit to STATE for verification and
payment.
14.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
Program Supplement 07-SI39-M001- ISTEA Page 4 of 5
` 07-LA-0-VER
RPSTPL-5139(009)
SPECIAL COVENANTS OR REMARKS
Budget Act containing these STATE funds.
09/19/2001
Program Supplement 07-5139-M001- ISTSA Page 5 of 5
PROGRAM SUPPLEMENT NO M001 Date: September19,2001
to Location: 07-LA-0-VER
ADMINISTERING AGENCY -STATE AGREEMENT Project Number:RPSTPL-5139(009)
FOR FEDERAL -AID PROJECTS NO. 07-5139 E.A. Number:074U2264
This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between
the Agency and the State on 09/28/98 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. ,
approved by the Agency on (See copy attached).
The Agency fiuther 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 LOCATION:
Atlantic Boulevard at Bandini Boulevard - improve intersection
TYPE OF WORK: Intersection Improvements
LENGTH: 0(MILES)
Estimated Cost
Federal Funds
Matching Funds
$10,745,000.00
RPB $6,158,000.00
LOCAL
$3,382,000.00
SB45 STATE
$1,205,000.00
OTHER
$0.00
CITY QF VERNON
p oved as to
Eduardo Olivo,
By -
Mayor
Date
Attest eez_�
Title
STATE OF CALIFORNIA
Department of Transportation
City Attorney
$y
Chief, Office of Local Programs
Project Implementation
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting. Officer t'C IYA �C ,+%� , Date 1 `1 1 f $7,363,000.00
Chapter I Statutes I Item ear Program BC Categ ry I Fund Source AMOUNT
106 2001 2660-101-890 2001-2002 20.30.600.620 S 262042
106 2001 2660-101-042 2001-2002 20.30.600.620 S 262042
Program Supplement 07-5139-M001- ISTSA
892-F 6,158,000.00
042-T 1,205,000.00
Page 1 of 5
j
07-LA-0-VER
RPSTPL-5139(009)
09/19/2001
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. 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.
3. 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 and 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.
4. 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.
5. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer immediately after the
project contract award. 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.
6. 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
Program Supplement07-5139-ni001- ISTRA Page 2 of 5
07-LA-6.� AER
RPSTPL-5139(009)
09/ 19/2001
SPECIAL COVENANTS OR REMARKS
Federal Highway Administration.
7. 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).
8. 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.
9. 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.
10.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.
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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.
11.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.
12.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.
13.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.
14.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
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Budget Act containing these STATE funds.
09/19/2001
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CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, Nelly Giron, Assistant Chief Deputy City Clerk of
the City of Vernon, County of Los Angeles, State of California,
do hereby certify that the attached is a true and correct copy
of:
Resolution No. 7944 - A Resolution of the City
Council of the City of Vernon Approving and
Authorizing the Execution of Program Supplement
No. M001 Administering Agency State Agreement
for Federal -Aid Projects No. 07-5139 By and
Between the City of Vernon and The State of
California, Acting by and Through the Department
of Transportation.
The original of same is on file in the office of the
City Clerk of the City of Vernon, said offices being in the City
of Vernon, County of Los Angeles, State of California.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the Official Seal of the City of Vernon, County of Los
Angeles, State of California,,. on this 29th day of April, 2002.
SEAL: / A
Nelly Gircii (
Assistant Chief Deputy City Clerk