06-0606_CALIF DEPT OF TRANSPORTATION_Agenda Reportl
PROG1AM SUPPLEMENT NO. M008
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL^AID PROJECTS NO. 12-5372
~ e:March 10, 2006
Location:12-ORA-0-SJCP
Project Number: ER -4215(002)
E.A. Number: 12-931704
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 aforemen voned Master Agreement under authority of Resolution No.
h/_ �� approved by the Administering Agency on 06106)06 (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 Capistrano at Junipero Serra Road, in the city of San Juan Capiatrano. DAF # BMG-SJCP-001-0
TYPE OF WORK: Emergency Opening
LENGTH: O(MILES)
Estimated Cost Federal Funds
Matching Funds
09X0 $19,000.00
$19,000.00
LOCAL
$0.00
$0.00
OTHER
$0.00
CITY OF SAN JUAN CAPISTRANO
By t94,� -F_ v4�
Date (-t — t o
Attest—L4, A /k/1,tA/F
Title Oily MWw@*AlncEw of Enorpancy S*r ices
STATE OF CALIFORNIA
DeyaCr�tmmeneenof Transportation
Ey
Chief, Office of Project Implementation
Division of Local Assistance
Date d�7-ye'e%67
I hereby cer4gy/upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer
Date -1t3 jQ;�
$19,000.00
Chapter
D
statutes
Item
Year
o ram
g
SC
Category
Fund Source
AMOUNT
38 2005 2660-102-890
2005-2006 20.30.010.650
C 225000 892-F
19,000.00
App' a as to orm:
John haw, City Attorney
Program Supplement 12 -5372 -MOOS- ISTEA Page 1 of g
12,ORA-0-SJCP 06/08/2006
ER -4215(002)
SPECIAL COVENAWS OR REMARKPI
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• 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.
3. 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.
4. 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.
5. 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.
6. 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).
Program Supplement 12-5372-MO08- ISTEA Page 2 of 3
12-ORA-0-SJCP 06/06/2006
ER -4215(002)
• SPECIAL COVENAIM'S OR REMARP
7. 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.
8. "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."
9. 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.).
10. 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-MO08- ISTEA Page 3 of 3
STATE OF CALIFORNIA. BUSINESS,TRA ORTATION AND HOUSING AGENCY
-_. -- - - _ - -- -_ - - __
DEPARTMENT
DEPARTMENT OF TRANS 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:
Arnold Schwarzenegger, Governor
•s
File: 12-ORA-0-SJCP
ER -4215(002)
Camino Capistrano at Junipero
Serra Road, in the city of San Juan
Capistrano. DAF # BMG-SJCP-001
Enclosed is your fully executed copy of Program Supplement Agreement No. 008-M to Administering Agency -State
Agreement No. 12-5372 .
Sinceerrel ,
BARRY LEAMING, Chief TI -
Office of Program Management
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(12) DLAE - Alan Williams
STATE OF CALIFORNIA. BUSINESS,T% PORTATION AND HOUSING AGENCY ,�,2' j' Arnold Schwarzenegger, Governor
Q
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
March 20, 2006
05 EtrdM(34Icer
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Dear Mr. Huber:
A8,I c-
�
a
0
File: 12-ORA-0-SJCP
ER -4215(002)
Camino Capistrano at Junipero
Serra Road, in the city of San Juan
Capiatrano. DAF # BMG-SJCP-001
Enclosed are two originals of the Program Supplement Agreement No. 008-M to Administering Agency -State
Agreement No. 12-5372 and an approved Finance Letter for the subject project. Please retain the signed Finance
Letter for your records.
We have included two new special covenants that allow any funding for future phases of this project be encumbered
upon approval of the "Request for Authorization" and Finance Letter. The Program Supplement Agreement need not be
revised for that purpose. However, please note that federal funding will be lost if you proceed with future
phase(s) of the project prior to getting the "Authorization to Proceed" with that phase.
Please review the covenants and sign both copies of this Agreement and return both to this office, Office of Project
Implementation - MS1 within 60 days from the date of this letter. If the signed Agreements are not received back in this
office within 60 days, funds will be disencumbered and/or deobiigated. Alterations should not be made to the
agreement language or funding. Attach your local agency's certified authorizing resolution that clearly identifies the
project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to
you upon ratification by Caltrans. No invoices for reimbursement can be processed until the agreement is fully
executed.
In accordance to Government Code 16304, Federal funds appropriated by the State budget are available for liquidation
only for seven years and the State funds are available only for five years. The attached Finance Letter shows these
deadlines as the "Reversion Date". Please ensure that your 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 for 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.
Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer.
Sin rel',
BARRY LEAMING, Chief �7
Office of Program Management
Division of Local Assistance
Enclosure
c: DLA AE Project Files MAR 2 Z 2006
(12) DLAE - Alan Williams
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• • 6/6/2006
AGENDA REPORT D7
TO: Dave Adams, City Manager 64,
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)
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.
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
Ramblas 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 Ramblas 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 Ramblas 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
Agenda Report •
Paae 2
0
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,
Prepared by,
Kathleen Spring r Michelle Perea
Acting Public Works Director Administrative Assistant
Attachment: 1. Resolution No. 05-11-01-05
2. Resolution for Adoption
KS/MP
ESOLUTION NO. 05-01-11-01
Ri1F1E® 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 5:45 m. on the I It° 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.**
Mayr yatt Ha(L.1-
Use appropriate title, as established by ordinance.
►P
'Y COUNCIL
:)F SAN JUAN CAPISTRANO
ATTACHMENT 1
0
RESOLUTION NO. 06-06-06-
•
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 2
0 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. SWEkDLIN, MAYOR
ATTEST:
f2;(�A-�
R. MONAHAN, CITY CLERK
Page 1 of 1 June 6, 2006
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 6`h 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
/V r"- , v - \
R. MONAHAN, City Clerk