Agreement 12-0847 A2
Project No. 1222000046
EA 0T410
12-ORA-22-R1.9/10.2
Project Development Agreement 2017-02-17 (Created April 2, 2024) i
COOPERATIVE AGREEMENT COVER SHEET
Funding Summary Amendment – Funding Summary No. 03
Agreement Amendment No. 02
Work Description
TO INSTALL FENCING AND DECORATIVE PAVING AND GRAVEL ON UNPAVED
SLOPES AND NARROW AREAS IN ORANGE COUNTY IN THE CITY OF GARDEN GROVE ON ROUTE 22 FROM SPRINGDALE ST. TO GARDEN GROVE BLVD.
Contact Information
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes.
Contact information changes do not require an amendment to this AGREEMENT.
CALTRANS
Eric Dickson, Project Manager
1750 E. 4th Street #100
Santa Ana, CA 92705
Office Phone: 949-279-8799
Email: [email protected]
CITY OF GARDEN GROVE
Ursula Luna-Reynosa, Economic Development and Housing Department Director 11222 Acacia Parkway
Garden Grove, CA 92840
Office Phone: (714) 741-5141
Email: [email protected]
Cover Sheet AGREEMENT 12-0847 A2
Project No. 1222000046
Project Development Agreement 2017-02-17 (Created April 2, 2024) ii Table of Contents
AMENDMENT No. 02 ......................................................................................................................... 1 FUNDING SUMMARY No. 03 ........................................................................................................... 1 FUNDING TABLE .......................................................................................................................... 1 SPENDING SUMMARY ................................................................................................................ 2 Funding ............................................................................................................................................ 3 Invoicing and Payment ..................................................................................................................... 4 Plans, Specifications, and Estimate (PS&E) ............................................................................... 5 CONSTRUCTION Support ........................................................................................................ 5 CONSTRUCTION Capital ......................................................................................................... 5 Signatures ......................................................................................................................................... 6
AGREEMENT 12 - 0847 A2
Project No. 1222000046
EA 0T410
12-ORA-22-R1.9/10.2
Project Development Agreement 2017-02-17 (Created April 2, 2024) 1 of 6 AMENDMENT NO. 02
FUNDING SUMMARY NO. 03
1. PARTIES, in accordance with the provisions of this AGREEMENT, hereby amend this AGREEMENT by replacing Funding Summary No. 02 in its entirety with Funding Summary NO. 03.
2. Funding Summary No. 2 increases Clean CA funding for Construction Capital by $1,000,000.
3. Funding Summary No. 3 increases Clean CA funding for Construction Capital by $500,000.
FUNDING TABLE
v. 12
IMPLEMENTING AGENCY CALTRANS CITY
Source Party Fund Type PS&E
CONST.
SUPPORT
CONST.
CAPITAL Totals
STATE CALTRANS State Clean CA 20,000 20,000 1,500,000 1,540,000 LOCAL CITY City 5,000 60,000 0 65,000
Totals 25,000 80,000 1,500,000 1,605,000
FUNDING SUMMARY No. 03 AGREEMENT 12 - 0847 A2
Project No. 1222000046
Project Development Agreement 2017-02-17 (Created April 2, 2024) 2 of 6
SPENDING SUMMARY
v 221
PS&E CONST. SUPPORT CONST.
CAPITAL
Fund Type CALTRANS CITY CALTRANS CITY CITY Totals
State Clean CA 20,000 0 0 20,000 1,500,000 1,540,000
City 0 5,000 0 60,000 0 65,000
Totals 20,000 5,000 0 80,000 1,500,000 1,605,000
FUNDING SUMMARY No. 03 AGREEMENT 12 - 0847 A2
Project No. 1222000046
Project Development Agreement 2017-02-17 (Created April 2, 2024) 3 of 6 Funding
4. If there are insufficient funds available in this AGREEMENT to place the PROJECT right-of-way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTIES amend this AGREEMENT.
That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process.
5. If there are insufficient funds in this AGREEMENT to implement the obligations and responsibilities of this AGREEMENT, including the applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, each PARTY accepts responsibility to fund their respective WORK until such time as PARTIES amend this AGREEMENT.
Each PARTY may request reimbursement for these costs during the amendment process.
6. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically.
In accordance with California law, the Administration Rate is capped at 10 percent for Self-Help Counties with a countywide sales tax measure dedicated to transportation improvements.
7. If the WORK is funded with state or federal funds, any PARTY seeking CALTRANS reimbursement of indirect costs must submit an indirect cost rate proposal and central service cost allocation plan (if any) in accordance with Local Assistance Procedures Manual, 2 CFR, Part 200 and Chapter 5. These documents are to be submitted annually to CALTRANS’ Audits and Investigations for review and acceptance prior to CALTRANS’ reimbursement of indirect costs.
AGREEMENT 12 - 0847 A2
Project No. 1222000046
Project Development Agreement 2017-02-17 (Created April 2, 2024) 4 of 6
8. Travel, per diem, and third-party contract reimbursements for WORK are to be paid from the funds in this AGREEMENT only after the contractor performs the work and incurs said costs.
Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Human Resources (CalHR) rules current at the effective date of this AGREEMENT.
If CITY invoices for rates in excess of CalHR rates, CITY will fund the cost difference and reimburse CALTRANS for any overpayment.
9. Notwithstanding the terms of this AGREEMENT, PARTIES agree to abide by the funding guidelines for all contributed funds that are programmed and allocated by the CTC.
Invoicing and Payment
10. PARTIES will invoice for funds where the SPENDING SUMMARY shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay invoices within five (5) calendar days of receipt of invoice.
11. If CITY has received EFT certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS.
12. When a PARTY is reimbursed for actual cost, invoices will be submitted each month for the prior month's expenditures. After all PROJECT COMPONENT WORK is complete, PARTIES will submit a final accounting of all PROJECT COMPONENT costs. Based on the final accounting, PARTIES will invoice or refund as necessary to satisfy the financial commitments of this AGREEMENT.
13. If an executed Program Supplement Agreement (PSA) or STIP Planning, Programming, and Monitoring Program Fund Transfer Agreement (PPM) exists for this PROJECT then CITY will abide by the billing and payment conditions detailed for the fund types identified in the PSA or PPM.
14. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY will reimburse those funds.
AGREEMENT 12 - 0847 A2
Project No. 1222000046
Project Development Agreement 2017-02-17 (Created April 2, 2024) 5 of 6 Plans, Specifications, and Estimate (PS&E)
15. No invoicing or reimbursement will occur for the PS&E PROJECT COMPONENT.
CONSTRUCTION Support
16. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.
CONSTRUCTION Capital
17. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.
FUNDING SUMMARY No. 03 AGREEMENT 12 - 0847 A2
Project No. 1222000046
Project Development Agreement 2017-02-17 (Created April 2, 2024) 6 of 6 Signatures
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF
TRANSPORTATION
Adnan Maiah
Dept. Dist. Dir., Strategic Portfolio
Management
Date:
Verification of funds and authority:
Neda Saber
District Budget Manager
Certified as to financial terms and
policies:
Lai Saephan
HQ Accounting Supervisor
CITY OF GARDEN GROVE
Lisa L. Kim
City Manager
Date
Attest:
Teresa Pomeroy
City Clerk
Approved as to form and procedure:
Omar Sandoval
City Attorney