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1969-0210_CALIF TRANSPORTATION AGENCY _Cooperative Agreement0 PROGRAM. SUPPLEMENT NO. M007 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12-5372 0 Date: Murch 09, 2006 Location: 12 -ORA -0 -SI CP Project Number: ER -4215(001) E. A. Number: 12-931703 This Program Supplement hereby incorporates the Administering Agency -Stats 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 CAPISTRANO By 8" 040.1 Date Attest�_`�7-A p Title of Emergency 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: Accounting Officer f' .) Date Ott' $57,000.00 Chapter statutes Itam Yeas 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 Approved uassto form: 0W°` 4— John Shaw, City Attorney Program Supplement 12-5372-MO07- ISTEA Page 1 of 4 I,-ORA-0-SJCP 0 EK -421 -�('001) 0 03/09/2006 SPECIAL COVENANTS OR REMARKS 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 Program Supplement12-5372-X007- ISTEA Page 2 of 4 1'_ -ORA -0 T [;R--1'_15(001) 0 03/09/2006 SPECIAL COVENANTS OR REMARKS 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 i" 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- ISTRA Page 3 0£ 4 1^ -ORA -O-. JCP 0 0 03/09/2006 FR -4-'15(001) SPECIAL COVENANTS OR REMARKS 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 Supplement 12-5372-M007- ISTEA Page 4 of 4 0 )RbGRAM SUPPLEMENT NO. MOOS to WMINISTERING AGENCY -STATE AGREEMENT ?OR FEDERAL -AID PROJECTS NO. 12-5372 0 Date:March 10, 2006 Location: 12-ORA-0-SJCP Project Number -ER -4215(002) E. A. Number: 12-931704 'his Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into )etween 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). 'he Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted ielow obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth m the following pages. ?ROJECT LOCATION: -amino Capistrano at Junipero Serra Road, in the city of San Juan Capiatrano. DAF # BMG-SJCP-001-0 CYPE OF WORK: Emergency Opening LENGTH: 0(MILES) Estimated Cost Federal Funds Matching Funds $19,000.00 09X0 $19,000.00 LOCAL $0.00 $0.00 OTHER $0.00 'ITY OF SAN JUAN CAPISTRANO up�qr, Date Lt —Ltq — I Title I hereby upon my personal knowledge that STATE OF CALIFORNIA Department of Transportation Ey Chief, Office of Project Implementation Division of Local Assistance Date funds are available for this encumbrance: Accounting Officer Date `fI f 2 a, $19,000.00 Chapter Statutes item Year &gram HC Category Fund source AMT M) 38 2005 2660-102-890 2005-2006 20.30.010.650 C 225000 892-F 19,000.00 Approve as to form: Joh Sha` ;'City Attorney Program Supplement 12 -5372 -MOOS- ISTEA Page 1 of 4 2-ORA-0-SICP • R-4213(002) • 03/10/2006 SPECIAL COVENANTS OR REMARKS 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 Program Supplement 12-5372-X008- ISTEA Page 2 of a 2-ORA-0-SJCP R-4215(002) . 03/10/2006 SPECIAL COVENANTS OR REMARKS 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). 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 Project Implementation. 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 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 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 Program Supplement 12-5372-M008- ISTBA Page 3 of 4 2-ORA-0-SJCP • 0311012006 :IZ-4215(002) SPECIAL COVENANTS OR REMARKS 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.). 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 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 Supplement 12 -5372 -MOOS- ISTEA Page 4 of 4 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 29 30 31 �ES b9 z, 07 -Ora -5 0.0/7.5 Z San Diego Co. Line to Route 1 07209 - 105211 Agreement No. 2332 INTERSTATE Route 5 COOPERATIVE AGREEMENT -� THIS AGREEMENT, made and entered into BY AND BETWEEN AND CITY OF SAN JUAN CAPISTRANO a body politic and a municipal corporation of the State of California, hereinafter referred to as "CITY" STATE OF CALIFORNIA, acting by and through its Transportation Agency, Department of Public Works, Division of Highways, hereinafter referred to as "STATE" WITNESSETH: WHEREAS, CITY Council on July 11, 1966 by Resolution No. 66-7-11-7 requested the California Highway Commission to grant new connections to the Route 5 Freeway at Camino Las Ramblas (P.M. 6.8); and WHEREAS, the California Highway Commission on June 25, 1968 by resolution consented to said new connections on the condition that CITY bear the normal construction costs which would be required for the local roadways if the freeway we not in existence and provide the right of way necessary for the proposed interchange construction including that required for ramps and frontage roads; and WHEREAS, an interchange plan has been prepared for which CITY's construction responsibility is as shown on Exhibit "A" and CITY's right of way responsibility is as shown on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 i. 22 23 24 25 26 2'. 2E 29 30 31 00 !• Exhibit "B", Appraisal Maps, Via California to Station 412, both attached hereto and by this reference made a part of this Agreeme said construction or modifications hereinafter referred to as "Betterment", and WHEREAS, CITY will benefit from Betterment by improved vehicular capabilities on CITY's streets; and WHEREAS, STATE is preparing plans for widening the San Diego Freeway in the vicinity of Camino Las Ramblas, such construction hereinafter referred to as "Widening"; and WHEREAS, it is in the best public interest that Betterment be incorporated in STATE's Widening contract. NOW, THEREFORE, the parties hereto agree as follows: SECTION I STATE AGREES: 1. To prepare all plans and specifications required to construct said Betterment, said plans and specifications to be in accordance with STATE standards for geometric and structural sections and to submit said plans and specifications to CITY for approval prior to advertising of the Widening project. 2. To furnish or cause to be furnished all labor, materials, tools and equipment necessary to construct said Betterment. 3• To arrange for relocating or modifying non -City - owned utility facilities as may be necessary for Betterment. 4. To notify CITY in writing thirty (30) days prior to opening bids. SECTION II CITY AGREES: 1. To furnish at no cost to STATE by July 1, 1969, the right of way required for Betterment as shown on attached Exhibit "B". -2- j : I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 2 22 23 24, 2� 26 27 26 29 3 3i 0 !• 2. At no cost to STATE, and when requested by STATE, to provide for any relocation and rearrangement of CITY -owned utility facilities, made necessary by construction of Betterment. 3. To bear the cost for relocating any non -City -owned utility facilities, made necessary by construction of Betterment. 4. To bear the cost for all roadway work as shown on the attached Exhibit "A". 5• To deposit with the STATE within thirty (301 days after receipt of claim therefor and following notification of advertisement the sum of $58,700.00 which is the estimated cost of II -4 hereinabove in accordance with the following estimate: Contract Item Quantity Unit Cost Amount Applying Water 165 MGal $ 2.00 $ 330.00 Structure Excavation 24 C,Y. 3.00 72.00 Structure Backfill 20 C.Y. 6.00 120.00 Aggregate Subbase (C14) 5,745 Ton 1.40 8,043.00 Aggregate (RMCTB) 3,042 Ton 2.50 7,605.00 Aggregate Base (C12) 188 Ton 2.50 470.00 Aggregate Base (C13) 1,670 Ton 2.50 4,172.OG Portland Cement (CTB) 860 Bbls 3.75 3,225.00 Mixing CTB 7,600 s.Y. .30 2,280.OU Asphalt MC -250 (Curing Seal) 6.1 Ton 35.00 213.5E Aggregate (Type B A.C.) 1,940 Ton 3.40 6,596.OU Paving Asphalt (A.C.) 102 Ton 25.00 2,550.00 Placing A.C. Dikes 305 L.F. 0.20 61.oc Placing A.C. (Misc. Areas) 212 S.Y. 3.00 626.OG Liquid Asphalt (Prime Coat) .2 Ton 40,.00 8.0u Asphaltic Emulsion (Paint Binder)3.2 Ton 60.00 192.uO Class A Concrete (Minor Struct.) 32 C.X. 175.00 5,60U.00 24" RCP (Class III) 24 L.F. 8.00 192.00 Misc. Iron & Steel 6,828 Lbs .30 2,048,40 -3- 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3C 32 00 •• Contract Item Quantity Unit Cost Amount Class B Contrete (curbs) 112 C.Y. 30.UU $ 3,360.00 Sub -Total Contract Items $47,764.40 50Z for Contingencies 2,388.22 Sub -Total 50,152.62 17'� Preliminary and Construction Engineering 8,525.95 Total $58,678.51 Call $58,700.0"' 6. 7o hold STATE and its officers, agents and employees harmless from any and all claims for damages alleged to have resulted frcm alterations in the previously existing drainage pattern due to the construction of Betterment, other than damages alleged to have resulted from work performed by or on behalf of STATE within State highway rights of way. SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. That the obligations of both parties under this Agreement are contingent upon the budgeting of the necessary funds for the project by STATE. 2. That should the CITY finance any portion of the Betterment with gas tax funds apportioned to the CITY, all appli- cable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 3. That if upon acceptance of bids, it is found the amount deposited by CITY is in excess of the cost of the work on the basis of bid prices plus contingency items, and preliminary and construction engineering, administration and overhead cost, the balance remaining shall be promptly refunded by STATE to CITY. If, however, the cost of the work on the basis of bid prices plus contingency items, preliminary and construction engineering, administration and overhead cost exceeds the amount -4- AI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 00 00 deposited by CITY, CITY will promptly, upon receipt of claim therefor, pay its portion of the amount of said excess to STATE. If the excess in either case is less than five hundred dollars ($500), a refund or demand of additional deposit will be waived until final accounting. b. That in the construction of said work, STATE will furnish a representative to perform the usual functions of a Resident Engineer, and CITY may furnish at no cost to STATE a Resident Engineer if it so desires, and that said representative and Resident Engineer will cooperate and consult with each other but the orders of STATE's engineer shall be final. 5. That the actual final cost to CITY for constructing Betterment shall be computed on the basis of final contract quan- titles for those contract items involved at the unit bid price fo the various items of work and the actual cost of contingency item involved, to which is added a flat seventeen percent (17%) for preliminary and construction engineering, administration and overhead costs plus the cost of non -City -owned utility adjustment Contingency items shall include, but not be limited to, construc- tion sign depreciation, moving, erecting and repairing signs, STATE -furnished materials and service, and services performed for the Resident Engineer and upon his quarters, and work done under extra work orders pertinent to the construction of Betterment. The cost of utility adjustments to be paid by CITY shall consist of the amount paid by STATE for relocation or modifications of utilities necessitated by STATE's construction of Betterments plus an amount to cover STATE's engineering and overhead costs. 6. Within sixty (60) days after completion of the work and/or acceptance of the Widening project, STATE shall notify CITY in writing the dates thereof and the probable or estimated date the final detailed statement of cost for Betterment will be -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 so 00 submitted. If, upon acceptance of STATE's Widening contract, an appreciable overdeposit is apparent and final accounting is to be delayed, the excess deposit over the estimated requirements shall be returned to CITY upon demand therefor. It outstanding charges, such as Contractor's claims, liens, etc., delay the final accounting, or semi-final accounting, if charges are still outstanding, shall be presented within one hundred eighty (180) days from the acceptance of STATE's Widening contract. 7. That any change requested by the parties hereto in the aforesaid Betterment that may be necessary or desirable prior to completion of the work shall require the written approval of both STATE and CITY. The cost of an approved change, if deemed to be part of the work to be borne by CITY, and, if within the amount provided for contingency items, may be taken from the fund therefor provided. If the cost of an approved change exceeds the amount provided for in contingency items, CITY will, upon receipt of claim therefor, deposit with STATE, the estimated cost of such approved change, plus five percent (5%) for contingencies, and seventeen percent (17%) for preliminary and construction engineering, administration and overhead cost. 8. Upon completion and acceptance of the contract by STATE for the work covered by this Agreement, that portion of Betterment between the Freeway and ramps (Las Ramblas Stations 18+62 to 27+19) shall be considered as part of STATE Route 1. The CITY will accept control and maintain the remaining portion of the Betterment (Las Ramblas Stations 16+15 to 18+62). 9. That neither STATE nor any officer or employee the shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY, under or in connection with any work authority or jurisdiction delegated to CITY under this Agreement. It is also understood and agreed -6- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2° 30 3- 00 •• that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY, under or in connection with any work, authority or jurisdiction dele- gated to CITY under this Agreement. 10. That neither CITY, nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to STATE, under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold CITY, harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to STATE under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by thgir respectiv officers duly authorized by CITY this �Z— day of 196. and by STATE this day of 96 ATTOO�-'=J<' City Clerk Approved as to Form City Attorney -7- CIT F SAN JUAN AP S RANO By yor STATE OF CALIFOhNIA Transportation Agency Department of Public Works Division of Highways J. A. LEGARRA State Highway Engineer 0 Deputy State Highway Engineer