06-0309_CALIF DEPT OF TRANSPORTATION_AgreementPROGRAM. SUPPLEMENT NO. M007
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO. 12-5372
Date:March 09,2006
Location: 12-ORA-0-SJCP
Project Number:ER-4215(001)
E.A. Number: 12-931703
This Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into
between the Administering Agency and the State on 10/08/96 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.
, approved by the Administering Agency on (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by 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 setforth
on the following pages.
PROJECT LOCATION:
Camino Las Ramblas at Calle Borrego and Pescador, in the city of San Juan Capistrano. DAF # BMG-SJCP-002-0
TYPE OF WORK: Emergency Opening
LENGTH: O(MILES)
Estimated Cost
Federal Funds
Matching Funds
$57,000.00
09X0 $57,000.00
LOCAL
$0.00
$0.00
OTHER
$0.00
CITY OF SAN JUAN CAPISTR?lNO
By 8i,"
Date
Cj —
Attest
Title
of Emeroencv Services
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon MY personal knowledge that budgeted funds are available for this encumbrance:
r�
J
Accounting Officer /'�`
77
-)V Date OS1'
$57,000.00
Chapter
Statutes
Item
Year
Pro ram
BC
Category
Fund Source
AMOUNT
38 2005 2660-102-890
2005-2006 20.30.010.650
C 225000 892-F
57,000.00
Approve
d
Nassto form:
Q0f�` 4.
John Shaw, City Attorney
Program Supplement 12-5372-M007- ISTEA Page 1 of 4
130RA-0-SJC1.1
ER -4115(001)
SPECIAL COVENANTS OR REMARKS
1. The work eligible for Federal Reimbursement shall
the ADMINISTERING AGENCY either by using their own
contract. The ADMINISTERING AGENCY must be able t
costs incurred at each site and be subject to an
verification.
03/09/3006
be performed by
forces or by
o identify the
audit for
2. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the most current published Local
Assistance Procedures Manual.
3. 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.
4. 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 $500,000 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 & 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.
5. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer immediately after the
project contract award. A copy of the award package shall also
be included with the submittal of the ADMINISTERING AGENCY's
first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS#33
P. O. Box 942874
Sacramento, CA 94274-0001
Failure to do so will cause a delay in the State processing
invoices for the construction phase. Please refer to Section
Program Supplement12-5372-M007- ISTEA Page 2 of 4
12-ORA-0-SJCP
ER -4215(001)
SPECIAL COVENANTS OR REMARKS
03/09/2006
15.7 "Award Package" of the Local Assistance Procedures Manual
and LPP 01-06.
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
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. 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.
9. "ADMINISTERING AGENCY certifies that neither the ADMINISTERING
AGENCY nor its principals are suspended or debarred at the time
of the execution of this agreement. ADMINISTERING AGENCY agrees
that it will notify the STATE immediately, in the event a
suspension or a debarment happened after the execution of this
agreement ,h,
10.The Administering Agency shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance
of any DOT -assisted contract or in the administration of its DBE
Program or the requirements of 49 CFR Part 26. The Administering
Agency shall take all necessary and reasonable steps under 49 CFE
Part 26 to ensure nondiscrimination in the award and
administration of DOT -assisted contracts. The Administering
Agency's DBE Program, as required by 49 CFE Part 26 and as
approved by Caltrans, is incorporated by reference in this
Program Supplement12-5372-M007- ISTEA Page 3 of 4
12 -ORA -O -WP
ER -4215(001)
SPECIAL COVENANTS OR REMARKS
03/09/2006
agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a
violation of this agreement. Upon notification to the recepient
of its failure to carry out its approved program, Caltrans may
impose sanctions as provided for under 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 es seq.).
11. Disaster No. CA -05-1- Emergency opening work will be reimbursed
at 100% if completed within 180 days from the initial day of
storm occurence. The initial day of storm occurence is December
28, 2004. ADMINISTERING AGENCY records must clearly identify
those costs incurred on or after December 28, 2004. Incurred
costs are defined as disbursements made or in process for goods
and services delivered. Emergency opening work completed after
June 21, 2005 will be funded at the federal -aid reimbursement
ratio of 88.53%. Restoration work, including preliminary
engineering, will be reimbursed at an 88.53% ratio. The
ADMINISTERING AGENCY will be responsible for the matching
requirement.
Program Supplement12-5372-M007- ISTEA Page 4 of 4