06-0606_CALI DEPT OF TRANSPORTATION_Agenda ReportSTATE OF CALIFORNIA. BUSINESS,TRA RTATION AND HOUSING AGENCY Arnold Schwarzenegger, Governor
DEPARTMENT OF TRANSP TATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TDD (916) 654-4014
(916)654-3151
Fax (916) 653-7621
June 9, 2006
Mr. William M. Huber
DBE Liaison officer
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Ms. Michelle Perea, Administrative Assistant
Dear Mr. Huber:
a�
File: 12-ORA-0-SJCP
ER -4215(001)
Camino Las Rambles at Calle
Borrego and Pescador, in the city of
San Juan Capistrano. DAF # BMG -
Enclosed is your fully executed copy of Program Supplement Agreement No. 007-M to Administering Agency -State
Agreement No. 12-5372 .
Since�rel
BARRY LEAMING, Chief
Office of Program Management
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(12) DLAE - Alan Williams
JUL - 3 2006
PROGRAM SUPPLEMENT NO. M007 Date:March 09,2006
to Location: 12-ORA-0-SJCP
ADMINISTERING AGENCY -STATE AGREEMENT Project Number: ER -4215(001)
FOR FEDERAL -AID PROJECTS NO. 12-5372 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.
Ot7-Ob-Ob-O'3 , approved by the Administering Agency on ObIA6106 (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: 0(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 CAPISTRANO
Date
Attest
Title C1rMw4=ryDlracp0/Enan9ancYSarvieea
STATE OF CALIFORNIA
Department of Transportation
BY
Chief, Office of Project Implementation
Division of Local Assistance
Date & 690-
I hereby c�fy upon my personal knowledge that
budgeted funds are available for this encumbrance:
Date
Accounting Officer
$57,000.00
Chapter
Statutes
Item
Year
Pro ram
Be
I Category
Fund Source
AMOUNT
38 2005 2660-102-890 2005-2006
20.30.010.650
C 225000 892-F
57,000.00
Approved as to form:
John Shaw, City Attorney
Program Supplement 12-5372-MO07- ISTEA Page 1 ofJ
12-ORA-0-SJCP 06/06/2006
ER -e215(001)
SPECIAL COVENANTS OR REMARK
1 • The work eligible for Federal Reimbursement shall be performed by the ADMINISTERING
AGENCY either by using their own forces or by contract. The ADMINISTERING AGENCY
must be able to identify the costs incurred at each site and be subject to an audit for
verification.
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 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
Program Supplement 12-5372-M007- ISTEA Page 2 of 3
'17-ORA-0-SJCP 06/08/2006
ER -4215(001)
SPECIAL COVENANTS OR REMARKO
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
Program Management.
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."
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 CFR Part
26 to ensure nondiscrimination in the award and administration of DOT -assisted
contracts. The Administering Agency's DBE Program, as required by 49 CFR Part 26
and as approved by Caltrans, is incorporated by reference in this 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 et 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 26, 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 Supplement 12-5372-M007- ISTEA Page 3 of 3
6/6/2006
AGENDA REPORT D7
TO: Dave Adams, City Manager 9k
FROM: Kathleen Springer, Acting Public Works Director
SUBJECT: Consideration of Authorizing the City Manager to Execute Agreements for
Funding Opportunities Related to the 2005 Emergency Storm Events
(California Department of Transportation)
By motion, adopt a Resolution authorizing the City Manager to execute agreements with
the California Department of Transportation on behalf of the City for funding grants
related to Federal -Aid Roads that were impacted during the January 2005 emergency
storm period.
SITUATION:
On January 11, 2005, the City Council adopted Resolution No. 05-01-11-01 proclaiming
the existence of a local emergency caused by the January 2005 storm event
(Attachment 1). During this event, two Federal -Aid Roads were impacted: Camino Las
Rambles and Camino Capistrano. The City has repaired both roads and has applied for
funding from the California Department of Transportation for the cost of the repairs.
Repairs on Camino Las Rambles included debris and mud flow removal. Repairs on
Camino Capistrano included the stabilization of the slope directly adjacent to the
roadway as well as repairs to an existing storm drain.
In order for the California Department of Transportation to release funds for both of
these projects, they have requested that the City adopt a resolution (Attachment 2) that
authorizes the City Manager to execute the necessary agreements on behalf of the City.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
Not Applicable.
FINANCIAL CONSIDERATIONS:
To date, the emergency work performed on Camino Las Rambles has cost $31,000,
and the work performed on Camino Capistrano has cost $18,000. Staff is applying for
funding for both of these amounts. Expenditures related to both of these projects were
0 0
Agenda Report
Page 2
June 6, 2006
paid from the General Fund. Should grant funds be awarded, the General Fund will be
reimbursed accordingly.
NOTIFICATION:
None.
RECOMMENDATION:
By motion, adopt a Resolution authorizing the City Manager to execute agreements with
the California Department of Transportation on behalf of the City for funding grants
related to Federal -Aid Roads that were impacted during the January 2005 emergency
storm period.
Respectfully submitted,
Kathleen Springbr 11
Acting Public Works Director
Attachment: 1.
2.
KS/MP
Prepared by,
Michelle Perea
Administrative Assistant
Resolution No. 05-11-01-05
Resolution for Adoption
RESOLUTION NO. 05-01-11-01
CERTIFIED COPY
RESOLUTION PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY*
(by City Council)**
WHEREAS, Ordinance No. 626, as amended by Ordinance No. 789 of the City of San Juan
Capistrano empowers the City Council to proclaim the existence or threatened existence of a local
emergency when said city is affected or likely to be affected by a public calamity; and
WHEREAS, said City Council has been requested by the Director of Emergency Services
of said city to proclaim the existence of a local emergency therein; and
WHEREAS, said City Council does hereby find:
That conditions of extreme peril to the safety of persons and property have arisen within
said city, caused by storm damage;
(fire, flood, storm, epidemic, riot, earthquake, drought, energy shortage, or other causes)
commencing on or about 5:454m. on the I I" day of January 2005; and
That the aforesaid conditions of extreme peril warrant and necessitate the proclamation of
the existence of a local emergency;
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now
exists throughout said city; and
IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the existence
of said local emergency the powers, functions, and duties of the Director of Emergency Services
and the emergency organization of this city shall be those prescribed by state law, by ordinances,
and resolutions of this city and approved by the City Council on January 11, 2005.
IT IS FURTHER PROCLAIMED AND ORDERED that said local emergency shall be
deemed to continue to exist until its termination is proclaimed by the City Council of the City of
San Juan Capistrano, State of California.**
May yatt HafZ—
* Use appropriate title, as established by ordinance.
►P
'Y COUNCIL
)F SAN JUAN CAPISTRANO
ATTACHMENT
U
RESOLUTION NO. 06-06-06-
0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AGREEMENTS RELATED TO THE 2005 STORM EVENTS
(CALIFORNIA DEPARTMENT OF TRANSPORTATION)
WHEREAS, the City Council of the City of San Juan Capistrano, adopted
Resolution No. 05-01-11-01 proclaiming existence of a local emergency; and,
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, the City of San Juan Capistrano wishes to delegate authorization to
execute these agreements and any agreements thereto to the City Manager/Director of
Emergency Services, or his designee, to be authorized to execute all Master
Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund
Transfer Agreements and any amendments thereto with the California Department of
Transportion.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Juan Capistrano, does hereby authorize the City Manager/Director of Emergency
Services, or his designee, to execute all Master Agreements, Program Supplemental
Agreements, Fund Exchange Agreements, Fund Transfer Agreements and any
amendments thereto with the California Department of Transportion.
PASSED, APPROVED AND ADOPTED this day of 2006.
ATTEST:
MARGARET R. MONAHAN, CITY CLERK
DAVID M. SWERDLIN, MAYOR
ATTACHMENT
0
RESOLUTION NO. 06-06-06-0 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AGREEMENTS RELATED TO THE 2005 STORM EVENTS
(CALIFORNIA DEPARTMENT OF TRANSPORTATION)
WHEREAS, the City Council of the City of San Juan Capistrano, adopted
Resolution No. 05-01-11-01 proclaiming existence of a local emergency; and,
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, the City of San Juan Capistrano wishes to delegate authorization to
execute these agreements and any agreements thereto to the City Manager/Director of
Emergency Services, or his designee, to be authorized to execute all Master
Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund
Transfer Agreements and any amendments thereto with the California Department of
Transportion.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Juan Capistrano, does hereby authorize the City Manager/Director of Emergency
Services, or his designee, to execute all Master Agreements, Program Supplemental
Agreements, Fund Exchange Agreements, Fund Transfer Agreements and any
amendments thereto with the California Department of Transportion.
PASSED, APPROVED AND ADOPTED this 6th day of June 2006.
DAVID M. WE DLIN, MAYOR
ATTEST:
R. MONAHAN, CITY CLERK
Page 1 of 1 June 6, 2006
0 0
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 06-06-06-03 was duly adopted by the City Council of the
City of San Juan Capistrano at a Regular meeting thereof, held the 61h day of June 2006, by the
following vote:
AYES:
COUNCIL MEMBERS:
Hart, Bathgate, Soto, Allevato, and Mayor Swerdlin
NOES:
COUNCIL MEMBER:
None
ABSENT:
COUNCIL MEMBER:
None
A F`' v - \
MONAHAN, City Clerk