Loading...
14-1107_CA DEPT OF TRANSPORTATION_Agreement 12-5372R_SRTSL-5372(013)PROGRAM SUPPLEMENT NO. N014 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 12-5372R Adv Project ID Date: September 4, 2014 1212000009 Location: 12-ORA-0-SJCP Project Number: SRTSL-5372(013) E.A. Number: Locode: 5372 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 Stale on 12/10/07 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. 14-10-3„ c- o4approved by the Administering Agency on /o of - ac CLI (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: North side of Vla Positive west of Alipaz Street and the intersection of Camino del Avion end Avenida Descanso TYPE OF WORK: Sidewalk and solar -powered in -pavement crosswalk lighting LENGTH: 0.3(MILES) Estimated Cost Federal Funds Matching Funds LU2E $253,400.00 $254,900.00 LOCAL $1,500.00 OTHER $0.0c CIN OF SAN�GAN CA T JO STATE OF CALIFORNIA Department of Transpo ation 13Y L Sy Title s,�ac. Chief, ffice of Pr' ctlmplementation Division of Local Assistance Date Date Attest I hereby certify upon myrs al knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date $ /y $253.400.00 Chapter I Statutes I Item I Year I Procram 1 BC 1 Cateoory I Fund Source AMOUNT Program Supplement 12.5372R -N014- ISTEA Page 1 of 4 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM ,PROGRAM (REV. 0112010) Claims Audits 3301 "C' Street, Rm 404 Sacramento. CA 96816 FROM: Department of Transportation SUBJECT. Encumbrance Document VENDOR/ LOCAL AGENCY: City of San Juan Capistrano CONTRACTAMOUNT: $253,400.00 PROCUREMENT TYPE: Local Assistance PagO –I— Of –I - DATE PREPARED: PROJECT NUMBER: 9/4/2014 1212000009 REQUISITION NUMBER / CONTRACT NUMBER: ROS # 121600000077 ADA Noth For Individuals with sensory disabilities, this document is available In alternate formats, For Information, call (915) 854.8410 of TDD (918) -3880 or write Records and Forms Management, 1120 N. Street, MS -89, Sacramento, CA 95814. 12-ORA-0-SJCP SRTSL-5372(013) SPECIAL COVENANTS OR REMARKS 09104/2014 1: A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. B. 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). C. 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. D. 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 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. E. Administering Agency shall not discriminate on the basis of race, religion, age, 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 Program Supplement 12 -5372R -N014- ISTEA Page 2 of 4 12-ORA-0-SJCP SRTSL-5372(013) SPECIAL COVENANTS OR REMARKS 09/04!2014 obligation and failure to cavy 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.). F. 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 dates 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. G. 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 are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. 2. 1. ADMINISTERING AGENCY agrees to administer PROJECT in accordance with the applicable SRTS Program Guidelines under which the project was selected. ADMINISTERING AGENCY agrees to the program delivery and reporting requirements established for the applicable SRTS Program cycle. 2. ADMINISTERING AGENCY agrees to submit a Student Tally and Parent Survey for each school to the National Center for Safe Routes to School (NCSRTS). The survey information (Student Tally and Parent Survey), collected during the regular school year, must be completed within two months of beginning the PROJECT and within two months after completing the PROJECT. ADMINISTERING AGENCY agrees to submit a copy of said surveys to the District Local Assistance Engineer (DLAE). For detailed instructions Program Supplement 12 -5372R -N014- ISTEA Page 3 of 4 12 -ORA -"JCP SRTSL-5372(013) 09/0412014 SPECIAL COVENANTS OR REMARKS on data submission requirements refer to the NCSRTS web site at: http://www.saferoutesinfo.org/data/ Program Supplement 12 -5372R -N014- ISTEA Page 4 of 4 HEADQUARTERS DIVISION OF LOCALASSISTANCE CERTORED Copy RESOLUTION NO. 14-10-21-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE ALL PROGRAM SUPPLEMENTAL AGREEMENTS AND/OR ANY AMENDMENTS THERETO TO THE ADMINSTERING AGENCY - STATE AGREEMENT NO. 12-5372R FOR THE SIDEWALK CONSTRUCTION ON THE NORTH SIDE OF VIA POSITIVA WEST OF ALIPAZ STREET AND INSTALLATION OF LIGHTED CROSSWALK ON CAMINO DEL AVION AT AVENIDA DESCANSO PROJECT SRTSL-5372 (013) WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of San Juan Capistrano 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 need to be executed with the California Department of Transportation before such funds could be claimed; and WHEREAS, A Master Agreement Administering Agency -State Agreement For Federal -Aid Project No. 12-5372R between the City of San Juan Capistrano and the California Department of Transportation for Sidewalk and Solar -powered In -Pavement Lighted Crosswalk Construction at Via Positiva and Camino Del Avion CIP 08103 - Federal Project No. SRTSL-5372(013) was entered into on December 10, 2007, under the authority of Resolution No. 07-11-20-01; and WHEREAS, A Program Supplemental No. 014 to the Master Agreement Administering Agency -State Agreement for Federal -Aid Project No. 12-5372R between the City and Caltrans for the Project was received by the City on September 15, 2014; and, WHEREAS, the City of San Juan Capistrano's City Council, wishes to delegate authorization to the Mayor to execute all Program Supplemental Agreements and/or any Amendments thereto to the Master Agreement Administering Agency - State Agreement For Federal -Aid Project No. 12-5372R between the City and Caltrans for the Project and the Mayor be authorized to execute all Program Supplemental Agreements and/or any Amendments thereto to the Master Agreement Administering Agency -State Agreement For Federal -Aid Project No. 12-5372R between the City and Caltrans for the Project. NOW, THEREFORE, BE IT RESOLVED that the City of San Juan Capistrano, City Council, hereby authorizes the Mayor of the City of San Juan Capistrano to execute all Program Supplemental Agreements and/or any Amendments thereto to the Master Agreement Administering Agency -State Agreement or Federal -Aid Project No. 12-5372R between the City and Caltrans for the Project. 1 10/21/2014 BE IT FURTHER RESOLVED that the City of San Juan Capistrano, agrees to fund its share of the Project costs and any additional costs over the identified programmed amount. PASSED, APPROVED, AND ADOPTED this 21s day of October 2014. SAM ALLEVATO, MAYOR ATTE T 11 . STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 14-10-21-02 was duly adopted by the City Council of the City of San Juan Capistrano at an Adjourned Regular meeting thereof, held the 21 s' day of October 2014, by thelfollowing vote: AYES: COUNCIL MEMBERS: Byrnes, Reeve, Taylor, Kramer and Mayor Allevato NOES- ;• -4COUNCIL MEMBER: None ABSENT: �, COUNCIL MEMBER: None •eiwo}��e�;oaleis 'seuelp so Aluaog 'oueitsr.63 ue�ruCIO 41!3 a °I �5 ; 1 N 19 1.9 MARIA MORRIS, City Clerk UZ S Z ,� i asauti aaos�u u! 19 uo Mmfluo ayj so Aoa balm, a si luawro;sui 6ulobio; au 2 10/21/2014