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01-035 Dept of Transportation Program Supplement Agreement STATE OF CALIFORNIA-CALIFORNIA,STATE TRANSPORTATION AGENCY EDMUND G. BROWN Jr:;Governor DEPARTMENT OF TRANSPORTATION Division of'LocalAssistance + 1126 N STREET 1:iV7 P.O. BOX 942874, MS#1 Sacramento, CA'94274-0001 TTY 711 (916)654-3883 Fax(916)654-2408 File , 04-SCL-0-CPO STPL-5318(028) May 22. 2014 Stevens Creek;Blvd (SR85 to De. Anza Blvd) Mr. David Knapp City Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Attn: Ms. Jo Anne Johnson Dear Mr. Knapp: Enclosed is your fully executed copy of Program Supplement„Agreement No. 020-N to Administering Agency-State Agreement,No. t]4-5318R.and an approved Finance Letter. Please retain the signed Finance Letter for your records. In accordance to Government-Code 16304, Federal and State funds appropriated,by the State budget are available for disbursement for limited periods of time. The attached Finance Letter shows the deadlines for liquidation as "Reversion Dates". Please ensure tnatyour 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 to 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. 'Sincerely, WINTON EMMETT, Chief Office of Project Implementation - North Division of Local Assistance Enclosure c: DLA AE Project Files (04)DLAE - Sylvia Fung I DEPARTMENT OF TRANSPORTATION FINANCE LETTER Date: 05/21/2014 DIVISION OF'ACCOUNTING Agency: 04-SCL-0-CPO LOCAL PROGRAM ACCOUNTING BRANCH Project.No: STPL-5318(028) EA No: ? Attention: City of Cupertino I FINANCE ITEMS PRO RATA OR TOTAL COST OF FEDERAL PART: FED.REIMB% FEOERAL FUNDS LOCAL FUNDS LUMP SUM WORK - COST M230 Contract Items: $966:789 Utilities: $54:500 Contingencies: $96.678 Total: - 31117967 Construction Pro Rata $1,117:967.00 $1.063,467.00 6864% • $730,000:00 $387:967.000 Agency Construction Pro Rala $5,648.00 $5,64800 88.53% 1 $5,000.00 .$648.00 Engineering $12-3,615._[ 00% I J Totals: 00_$1069,115.00 0 , O $ 88,615A0 , Fed..Partin 95.1561.. This Finance:Letter was created based on specific financial information.provided by the responsible locallagency.The following encumbrance history is prepared by;Local Assistance Accounting::Office and is provided here:for local agency's information and action. Signature: �� For questions regarding finance letter,contact. -1 Tiile:' HQ Sr.Area Engineer Printed Name: Peter B.Anderson Telephone No: 916-653-8431 i Remarks: $54,500 for utilities is non-participating I ACCOUNTING INFORMATION _ STPL-5318(028) Adv. Proj.,ID Approp.Unit State Prog. Fed/State Encumbrance Amount' Approp Year Expenditure Amount Encumbrance Balance Reversion Date 0414000215 14102F 2030010810 F $735;000.00 1314 $0.00 $735000.00 06130/19 I I Page 1 of 1 PROGRAM SUPPLEMENT NO. N020 Adv Project ID Date: April 4„2014 to 0414000215 Location: 04-SCL-0-CPO ADMINISTERING AGENCY-STATE AGREEMENT” Project Number: STPL-5318(028) FOR FEDERAL-AID PROJECTS NO 04-5318R E.A. Number: Locode: 5318 This Program Supplement.hereby adopts:and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering,Agency and the State on 10/23/07 and is subject to all the terms and conditions thereof. This,Program Supplement is executed In accordance with Article l of the aforementioned Master .Agreement,under authority of Resolution No.(J1— )(oZ approved by the,Administering Agency on 9/115/2007 (See copy attached). 'The.Administering,Agency further stipulates thatas'a condition to the payment by the State,ofany funds derived from sources noted below'obligated to this PROJECT,the Administering Agency,accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: Stevens Creek Blvd(SR85 to De Anza,Blvd) TYPE:OF WORK: Rubberized Asphalt Overlay LENGTH: 0:0(MILES) Estimated'Cost Federal Funds Matching Funds M230 $735,000.00 LOCAL OTHER $1,123;615.00 $388,615.0 $0.00 By OF V Dep OF ra NI Depa e f Tra sp .rtation Y n By _ Title ( ' A h Chief, ffice o 'Project Implementation Division of LoccalAssistance Date O S/(�((Q Attest Date. I hereby certify upon my personal knowledge'tha_tbudgeted funds are available for this encumbrance: Accounting Officer/ Date 4-A-11( $735:000.00 Chapter Statutes Item Year Program BC Category Fund.Source AMOUNT Program Supplement 04-5318R-N020-ISTEA Page 1 of 3 STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF(REV.0112010) Page—of_ TO: STATE CONTROLLER'S OFFICE PROJECT NUMBER: Claims-Audits _ 414/2014 0414000215 3,301 "C"Street, Rm 404 REQUISITION NUMBER/CONTRACT.NUMBER S : acramento,CA 95816 ICIS 041400000934 FROM Department of Transportation SUBJECT. Encumbrance Document VENDOR/ LOCAL AGENCY: CITY OF'CUPERTINO CONTRACTAMOUNT: $735,000.00 Local Assistance CHAPTER STATUTES' l ITEM YEAR PEC/1PECT TASK/'SUBTASK. AMOUNT '20 2013 2660-102-0890 2014 20300101810 2620!0400 $735,000.00 ADA Noth For individuals with sensory disabilities,this document is'available:ho alternate formats.For information call(915)654-6410 of TDD(916)-3880 or write. Records and.Forms Management;1120 N.Street,MS-89,Sacramento,CA 95814. 04-FiCL-0-CPO 04/04/2014 STPL-5318(028) SPECIAL-COVENANTS OR REMARKS 1• 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). 2. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date ,shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work. Agreement extending these date's is requested by the ADMINISTERING AGENCY and approved by the.California,Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the ,State Controller-'s Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an ;invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums.of project specific.State and Federal.funding remaining and available to fund project work, 'any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund 'Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. 3. The ,ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.. 4. Award information shall be submitted by the,ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. 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. 5. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement,Agreement, or by STATE's,approval of an applicable Finance Letter. STATE reserves the right to suspend future.authorizations/obligations for Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if Program Supplement 04-5318R!N020-ISTEA Paget of'3 04'-SCL-0-CPO STPL-5318(028) 04/04/2014 SPECIAL COVENANTS OR REMARKS PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along=with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty(180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures' within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance,Procedures Manual. 6• The Administering Agency shall not discriminate on the basis of race, religion, disability, color, national origin, or sex in the award and performance of any Federal- assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement; including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq). 7. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers rare on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. Program Supplement 04-5318R-N020-ISTEA Page.3 of RESOLUTION NO. 07-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO EXECUTE ALL MASTER AGREEMENTS;PROGRAM SUPPLEMENTAL AGREEMENTS; FUND TRANSFER AGREEMENTS, AND ANY AMENDME;NITS THERETO WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION WHEREAS, the,City of Cupertino is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation; and WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements,and/or Fund Transfer Agreements rieed to be executed with the California Department of Transportation before�such funds could be claimed; and WHEREAS, the City of Cupertino wishes to delegate the;authority to execute-thew agreements and any amendments thereto to the,City,Manager. NOW, THEREFORE, BE IT RESOLVED that.the City Council of the City-of Cupertino hereby authorizes the City Manager to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements and any amendments thereto with the California Department of Transportation. BE IT FURTHER RESOLVED that the City Manager, or the,City Manager's designee, is authorized', on behalf of the City of Cupertino, to execute and submit all documents, payment requests, and related actions, as well as to accept and appropriate any additional funds received as a result of carrying out the terms of the aforementioned agreements and amendments thereto. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of September 2007 by the following,vote: Vote Members of the City Council AYES: Wang, Lowenthal, Mahoney, Sandoval NOES: None ,ABSENT: None ABSTAIN: None ATTEST: APPROVED: City Clerk M or, City of Cuperti o 0 I' b~ ~ PROGRAM SIIPPLEMENT NO. M007 Rev. 1 Date:April 02,2001 to Location : 04-SCL-O-CPO ADMINISTERING AGENCY-STATE AGREEMENT Project Number:CML-5318(011) FOR FEDERAL-AID PROJECTS NO. 04-5318 E.A. Number:04-071854 This Program Supplement is hereby incorporated into the Agency-State ~~greement for Federal Aid which was entered into between the Agency and the State on 07/08/97 and is subject to all the terms and c;onditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. ~j~~- ~5;3 , approved by the Agency on ~~ CJ ~ ©) (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: @ Wolfe Road & I-280 I/C, De Anza Blvd & I-280 I/C, Stevens Crk Blvd &SR85 I/C and De Anza &SR85 I/C. TYPE OF WORK: ramp meter & traffic signal interconnect LENGTH: 0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Preliminary Engineering [ ]Construction Engineering [ ]Right-Of--Way [ ]Construction Estimated Cost Federal Funds Matching Funds $400,120.00 Q40 $354,120.00 LOCAL $0.00 SB45 STATE $46,000.00 OTHER $0.00 CITY OF CIIPERTINO STATE OF CALIFORNIA Department of Trans r do Chief, Office of ocal Programs Date ~, 2 %~ fl ~ ~tM1~ Project ImplemeJJJntation Attest ~"/ ~ / Date / Q Title C~~Y C~L°,r~ I hereby certify upon my pe sonal know ed a that budgeted funds are available for this encumbrance: Accounting Offic Date ~~~ '~/ $400,120.00 Chapter Statutes Item Year Program. BC Category -Fund Source AMOUNT 50 1999 2660-101-890 99-200 0.30.0 0.8~: C 262040 892-F 354,120.00 50 1999 2660-101-042 99-2000 20.30.6 75 N 262040 042-T 46,000.00 Program Supplement04-5318-M007-R1 ISTEA Page 1 of 3 04-SCL-O-CPO CML-5318(011) 04/02/2001 SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the 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 or as required for efficient operation of the completed improvements. 2. The ADMINISTERING AGENCY will reimburse the State for their share of costs for work requested to b.' performed by the State. 3. The ADMINISTERING AGENCY agrees i~hat payment of Federal funds will be limited to the amounts a~~proved by the Federal Highway Administration in the Federal-Aici Project Authorization/Agreement or Amendment/Modification (E-76) and accepts any increases in Local Agency Funds as shown on the Finance or Bid letter or its modification as prepared by the Office of Project Implementation, Local Assistance Program. 4. The ADMINISTERING AGENCY is requ:~red to have an audit in accordance with the Single Audit Act and OMB A-133, if it receives $300,000 or more in fedEaral 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. UMB A-133 superceded OMB A-128 in 1996. Reference to OMB A-128 in Master Agreement (if any) is superceded by this covenant. 5. This PROJECT is programmed to receive funding from the 1998 State Transportation Improvement Progr~int (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 <<mount 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 c>f the Master Agreement, 2)the effective .date of the PROGRAM SUPPLEMENT, or 3)the effective date of the component specific allocation. Program Supplement04-5318-M007-R1 ISTBA Page 2 of 3 04-SCL-O-CPO CML-5318(011) 04/02/2001 SPECIAL COVENANTS OR REMARKS 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 St+~te 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 construc1~ion component are subject to an award deadline and contract comp:Letion deadline. ADMINISTERING AGENCY agrees to award the contr~~ct 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 requesl~, the CTC and/or STATE may approve supplementary allocation:, time extensions, and fund transfers between components. A.n 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, anti fund transfers between components, made after the execui:ion 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. The ADMINISTERING AGENCY will ads-ertise, award and administer this project in accordance with t:he current Local Assistance Procedures Manual. 9. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after the award. Failure to do so will caL~se delay in processing the invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local. Assistance Procedures Manual. Program Supplement04-5318-M007-R1 ISTEA Page 3 of 3 05/02/01 10:21 $4081773333 CITY CUPERTINO 0 002/002 RESOLYJTIt~N NO. 01- os3 A RESOLUTION OF THE CITY COUI\'CIL OF THE CITY OF CUPERTINO AUTHO].ZIZING THE CITY MANACiER TO EXECUTE CALIFORNIA DEPAR~CM>rr1T OF TRANSPORTA'rION~ PROGRAM SUPPLEMENT AGREEME]VTS ~~ND AMENDMENTS 'TO ADMINISTER AGENCY-STATE AGl.2EEMENT N0.04-531.8 FOR FEDERAL AID WHEREE~S, the City receives Federal and State funds from Federal-aid transportation gr~uits under Agency-State Agreement No. 04-5318 for Federal Aid, dated July 8, 1997; and WI~EREp-S, C;iltrans requires Program Supplement Agreements with specific special covenants for e;ich particular project when the City receives a new transportation grant; and WHEREAS, the: California Department of Transportation requires all agencies to execute these program ;supplements and any amendments. NOW, TI-:[ERE]~ORE, BE IT RESOLVED that the City Council of the City of. Cupertino hereby authorizes the City Manager to execute said program supplements and amendments on b ehalf of the City of Cupertino. PASSED .4ND .ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5"' day o1'March, 2001, by the following vote: Vote Me:mber:; of the C~ Council AYES: Burnett, Chang, James, Lowenthal NOES: None ABSENT: Norse ABSTAIN: None ATTEST: ~~~ City Clerk APPROVED: ayor, City of Cup o INSTRUMENT IRATR SAND CORRE~7COP1 OP THE OR1l31NAL dN FILE 1N TM16 OFFICE. ATTE9T 1~ a~~ CITY CLERK OF E CITY OF CUPERTiNC1 8Y , CITY CLERK "-'- STATE OF CALIFORNIA .BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION LOCAL ASSISTANCE PROGRAM 1120 N STREET P.O BOX 942874, MS # 1 Sacramento, CA 94274-0001 TDD (916) 654-4014 (916) 654-3151 Fax (916) 654-2409 May 4, 2001 Mr. Ralph A. Qualls, Jr. Director of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Attn: Mr. Dear Mr. Qualls, Jr.: PI.I~r !C; WORKS GRAY DAVIS,Governor t ~ ,n ~~ . ';. 1; File : 04-SCL-O-CPO CML-5318(011) Q Wolfe Road & I-280 I/C, De Anza Blvd & I-280 I/C, Stevens Crk Blvd &SR85 I/C and De Anza & SR85 I/C. Enclosed is your fully executed copy of Program SupplemE;nt Agreement No. 007-M1 to Administering Agency-State Agreement No. 04-5318 covering: Preliminary Engineering for the above-referenced project. Sincerely, IiLZ - l DENIX ANBIAH, Offl Chief ~r Northern Project Implementation Local Assistance Program Enclosure c: OLP AE Project Files (04) DLAE -Richard Monroe n~ ~~'3~ PROGRAM SUPPLEMENT NO. M012 to ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 04-5318 Date :March O5, 2001 Location : 04-SCL-O-CPO Project Number: STPLHSR-5318(016) E . A. Number : 04-923600 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 07/08/97 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. ~ j ..~--~ , approved by the Agency on 3/~~~ ~ (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: Lincoln ES, Kennedy MS, Monti Vista HS. TYPE OF WORK: Pedestrian and Bike Path Improvement. LENGTH: 0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Preliminary Engineering [ ]Construction Engineering [ ]Right-Of--Way [ ]Construction Estimated Cost Federal Funds Matching Funds $80,000.00 SRA $72,000.00 LOCAL $8,000.00 $0.00 OTHER $0.00 CITY OF CUPERTINO By W Date 3 , 2 ` O Attest Title STATE OF CALIFORNIA DBeypar~~ranspor a ~ n ; Chief, Office of ocal Programs r Project Implementation Date ~~~E~/ I hereby certify upon my personal knowledge that budgeted .Funds are available foGr~this encumbrance: Accounting Office/~//~~~ ~~~/~~~~~~ ate ~ ' / ' ~ ~ $72,000.00 Chapter Statutes Item Year rogram BC Category Emend Source AMOUNT 52 2000 2660-101-890 2000-2001 20.30.010.535 C 262040 892-F 72,000.00 Program Supplement 04-5318-M012- ISTEA Page 1 of 2 (~4-SCL-~-CPO STPLHSR-5318(016) 03/05/2001 SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will reimburse the State for their share of costs for work requested to ~~e performed by the State. 2. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to the amounts ~~pproved by the Federal Highway Administration in the Federal-A:Ld Project Authorization/Agreement or Amendment/Modification (E-76)~ and accepts any increases in Local Agency Funds as shown on t:he Finance or Bid letter or its modification as prepared by the Office of Project Implementation, Local Assistance: Program. 3. This Program Supplement will be revised at a later date to include other phases of work. 4. The ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit: Act and OMB A-133, if it receives $300,000 or more in fecieral 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. Reference to OMB A-128 ire Master Agreement (if any) is superceded by this covenant. 5. All maintenance, involving the ~>hysical condition and the operation of the 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 or as required for efficient operation of the completed improvements. Program Supplement 04-!i318-M012- ISTEA Page 2 of 2 RESOLUTION NO.O1- 053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO EXECUTE CALIFORNIA DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLEMENT AGREEMENTS AND AMENDMENTS TO ADMINISTER AGENCY-STATE AGREEMENT NO. 04-531 ~l FOR FEDERAL AID WHEREAS, the City receives Federal and State funds from Federal-aid transportation grants under Agency-State Agref;ment No. 04-5318 for Federal Aid, dated July 8, 1997; and WHEREAS, Caltrans requires Prograrl Supplement Agreements with specific special covenants for each particular project when the City receives a new transportation grant; and WHEREAS, the California Department of Transportation requires all agencies to execute these program supplements and any amendments. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to execute said program supplements and amendments on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular ;meeting of the City Council of the City of Cupertino this 5`I' day of March, 2001, by the fo;~lowing vote: Vote Members of the C~ Council AYES: Burnett, Chang, James, LowE~nthal NOES: None ABSENT: None ABSTAIN: None ATTEST: , . c~i' City Clerk APPROVED: Mayor, City of Cup o THIS IS TO CERTIFY THAT THE WITHIN INSTRUMENT IS ATRU~ A'ND CORRECT COPT OF THE ORIGINAL ON FILE iN THIS OFFICE. ATTEST- ~~~~ ~ (Q ~ ~~ p?QQ~ CITY CLERK OF HE CITY ~F CUPERTINO BY CITY CLERK STATE OF CALIFORNIA .BUSINESS, TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS,Governor DEPARTMENT OF TRANSPORTATION LOCAL ASSISTANCE PROGRAM 1120 N STREET P.O BOX 942874, MS # 1 Sacramento, CA 94274-0001 TDD (916) 654-4014 (916) 654-3151 Fax (916) 654-2409 April 10, 2001 Mr. Bert Viskovich Director of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Attn: Mr. Dear Mr. Viskovich: PUBLIC I~~~RKS ,f~~~~ ~, File : 04-SCL-O-CPO ~'~~ ~ ~ ~n~~ STPLHSR-5318(016) Lincoln ES, Kennedy MS, Monta Vista HS. Enclosed is your fully executed copy of Program Supplement Agreement No. 012-M to Administering Agency-State Agreement No. 04-5318 covering: Preliminary Engineering f~~r the above-referenced project. Sincerely, DENIX ANBIAH, Office Chief ~~ Northern Project Implementation Local Assistance Program Enclosure c: OLP AE Project Files (04) DLAE -Richard Monroe