10-1102_CALIF DEPT OF TRANSPORTATION9
PROGRAM SUPPLEMENT NO. N012
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 12-5372R
9
Date: November 2, 2010
1 -his Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid
which was entered into between the Administering Agency and the State on 12110107 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. I u -IL-0 7-Oipproved by the Administering Agency on i (C-7
{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:
Del Obispo Street over Trubuco Creek from Alipaz Street to Camino Capistrano, Br. No. 55C-0396.
TYPE OF WORK: Bridge widenig to add bike lanes, sidewalks, and additional turn LENGTH: 0.7(MILES)
lanes
Estimated Cost
Location:
12 -ORA -0 -SJ C P
$7,172,504.00
Project Number:
STPL-5372(011)
Category
E.A. Number:
12-931974
Locode:
5372
1 -his Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid
which was entered into between the Administering Agency and the State on 12110107 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. I u -IL-0 7-Oipproved by the Administering Agency on i (C-7
{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:
Del Obispo Street over Trubuco Creek from Alipaz Street to Camino Capistrano, Br. No. 55C-0396.
TYPE OF WORK: Bridge widenig to add bike lanes, sidewalks, and additional turn LENGTH: 0.7(MILES)
lanes
Estimated Cost
Federal Funds
Matching Funds
$7,172,504.00
L230 $3,739,605.00
LOCAL
$3,316,649.0
Category
OTHER
$116,250.0(
CITY OF SAN AN CAPISTRANO STATE OF CALIFORNIA
/r Departme t of Transp tation
By By G Z"
Title y[ Chief, Office of Project Implementation
�! Division of Local Assistance
Date
Date ZZ.24/D
Attest
I hereby certify upon my personal k w dge that budgeted funds are available for this encumbrance:
Accounting Officer CJ A�Ua ��� _ Date 4 / j0 $3.739,605.00
Chapter
Statutes
Item
Year
Program
BC
Category
Fund Source
AMOUNT
Program Supplement 12-5372R-NO12- ISTEA Page 1 of 3
12-ORA-0-SJCP •
STPL-5372(011)
SPECIAL COVENANTS OR REMARKS
• 11/02/2010
1. 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).
2. Any State and Federal funds that may have been ;mcurnbered 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 ',`:e spccific 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 datF. 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.
3. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
4. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days of project contract award or with the submittal
of the ADMINISTERING AGENCY's first invoice for the construction contract, whichever
is earlier.
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.
5. 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
Program Supplement 12 -5372R -N012- ISTEA Page 2 of 3
12-ORA-0-SJCP • • 11/02/2010
STPL-5372(011)
SPECIAL COVENANTS OR REMARKS
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 pe. e1, ADMINISTERING AGENCY
agrees to submit for each phase a written explanation of vie absence of PROJECT
activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that ccilectively
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.
6. The 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
obligation and failure to carry 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.).
7. 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 Excluded Parties List System
(EPLS).
Program Supplement 12.5372R -N012- ISTEA Page 3 of 3
0
RESOLUTION NO. 10-12-07-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA AUTHORIZING CITY MANAGER TO
EXECUTE ALL MASTER AGREEMENTS, PROGRAM SUPPLEMENTAL
AGREEMENTS, FUND EXCHANGE AGREEMENTS, FUND TRANSFER
AGREEMENTS AND/OR ANY AMENDMENTS THERETO 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, the City of San Juan Capistrano wishes to delegate authorization to
execute these agreements and any amendments thereto that the City Manager be
authorized to execute all Master Agreements, Program Supplemental Agreements, Fund
Exchange Agreements, Fund Transfer Agreements and/or any amendments thereto with
the California Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED that the City of San Juan Capistrano,
hereby authorizes the City Manager of the City of San Juan Capistrano to execute all
Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements,
Fund Transfer Agreements and/or any amendments thereto with the California
Department of Transportation.
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 ADOPTE ; his 20'" day of November, 2007.
-SAM ALLEVATO, MAYOR
12/7/2010
0
COUNTY OF ORANGE )ss'
CITY OF SAN JUAN CAPISTRANO )
STATE OF CALIFORNIA )
0
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 10-12-07-04 was duly adopted by
the City Council of the City of San Juan Capistrano at a Regular meeting thereof,
held the 7th day of December 2010, by the following vote:
AYES/UNCIL MEMBERS: Freese, Reeve, Taylor, Kramer and Mayor Allevato
NOES: UNCIL MEMBERS: None
ABSN OUNCIL MEMBERS: None
1 12/7/2010
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STATE OF CALIFORNIA. BUSINESS,TRANQRTATION AND HOUSING AGENCY Arnold Schwarzenegger, Governor
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
(916)654-3151
Fax(916)653-7621
December 30, 2010
Mr. Nasser Abbaszadeh
Director of Public Works
City of San Juan Capistrano
32450 Paseo Adelanto
San Juan Capistrano, CA 92675
Dear Mr. Abbaszadeh:
File: 12-ORA-0-SJCP
STPL-5372(011)
Del Obispo Street over Trubuco
Creek from Alipaz Street to Camino
Capistrano, Br. No. 55C-0396.
Enclosed is your fully executed copy of Program Supplement Agreement No. 012-N to Administering Agency -State
Agreement No. 12-5372R and an approved Finance Letter. Please retain the signed Finance Letter for your records.
In accordance to Government Code 16304, Federal and State funds appropriated by the State budget are available for
disbursement for limited periods of time. The attached Finance Letter shows the deadlines for liquidation as 'Reversion
Dates". 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 to 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.
Sincerely,
RAY ZHANG, Chief
Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(12) DLAE - Jim Kaufman
PROGRAM SUPPLEMENT NO. N012
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 12-5372R
0
Date:
Location:
Project Number:
E.A. Number:
Locode:
November 2, 2010
12-ORA-0-SJCP
STPL-5372(011)
12-931974
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 State 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. approved by the Administering Agency on
(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.
ECT LOCATION:
Del Obispo Street over Trubuco Creek from Alipaz Street to Camino Capistrano, Br. No. 55C-0396.
TYPE OF WORK: Bridge widenig to add bike lanes, sidewalks, and additional turn LENGTH: 0.7(MILES)
lanes
Estimated Cost
Federal Funds
Matching Funds
$7,172,504.00
L230 $3,739,605.00
LOCAL
$3,316,649.0
I
OTHER
$116,250.0(
CITY OF SAN JUAN
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my pWsonal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer %��: L Date I j j `i Il' $3.739,605.00
Chapter Statutes
Item Year
Program BC I Category
Fund Source I AMOUNT
Program Supplement 12 -5372R -N012- ISTEA Page 1 of 3
12-ORA-0-SJCP• • 11/02/2010
STPL-5372(011)
SPECIAL COVENANTS OR REMARKS
1. 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).
2. 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.
3. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
4. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days of project contract award or with the submittal
of the ADMINISTERING AGENCY's first invoice for the construction contract, whichever
is earlier.
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.
5. 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
Program Supplement 12 -5372R -N012- ISTEA Page 2 of 3
12-ORA-O-SJCP • • 11/0212010
STPL-5372(011)
SPECIAL COVENANTS OR REMARKS
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.
6. The 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
obligation and failure to carry 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.).
7. 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 Excluded Parties List System
(EPLS).
Program Supplement 12-5372R-NO12- ISTEA Page 3 of 3
Ll
RESOLUTION NO. 10-12-07-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA AUTHORIZING CITY MANAGER TO
EXECUTE ALL MASTER AGREEMENTS, PROGRAM SUPPLEMENTAL
AGREEMENTS, FUND EXCHANGE AGREEMENTS, FUND TRANSFER
AGREEMENTS AND/OR ANY AMENDMENTS THERETO 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, the City of San Juan Capistrano wishes to delegate authorization to
execute these agreements and any amendments thereto that the City Manager be
authorized to execute all Master Agreements, Program Supplemental Agreements, Fund
Exchange Agreements, Fund Transfer Agreements and/or any amendments thereto with
the California Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED that the City of San Juan Capistrano,
hereby authorizes the City Manager of the City of San Juan Capistrano to execute all
Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements,
Fund Transfer Agreements and/or any amendments thereto with the California
Department of Transportation.
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 ADOPTS his 20" day of November, 2007.
_ I Y
AM ALLEVATO, MAYOR
1 12/7/2010
0
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
STATE OF CALIFORNIA )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 10-12-07-04 was duly adopted by
the City Council of the City of San Juan Capistrano at a Regular meeting thereof,
held the 7th day of December 2010, by the following vote:
AYES UNCIL MEMBERS: Freese, Reeve, Taylor, Kramer and Mayor Ailevato
NOE MEMBERS: None
ABS N i#UNCIL
UNCIL MEMBERS: None
2 12/7/2010
6. AGREEMENT WITH STRADLING, YOCCA, CARLSON AND RAUTH FOR
BOND COUNSEL SERVICES FOR THE PROPOSED WATER FACILITY DEBT
FINANCING — SERIES 2011; APPROVED; AGREEMENT WITH FIELDMAN,
ROLAPP AND ASSOCIATES FOR FINANCIAL ADVISOR SERVICES FOR THE
PROPOSED WATER FACILITY DEBT FINANCING — SERIES 2011,
APPROVED; CITY MANAGER AUTHORIZED TO EXECUTE THE
AGREEMENTS AND ANY SUBSEQUENT AUTHORIZATION RELATED TO
THE REFUNDING OF THE CERTIFICATES OF PARTICIPATION, SERIES
2002 AS NEEDED; AND RESOLUTION 10-12-07-03 ADOPTED ENTITLED " A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REGARDING ITS INTENTION TO ISSUE TAX-
EXEMPT OBLIGATIONS AND TO REIMBURSE TH ECITY FROM PROCEEDS
OF SUCH OBLIGATIONS FOR COSTS INCURRED PRIOR TO ISSUANCE
(WATER SYSTEM IMPROVEMENTS) (600.30)
7. OPEN SPACE AD-HOC COMMITTEE DISSOLVED (530.40)
2011 CALENDAR YEAR SCHEDULE FOR STREET BANNER AT DEL OBISPO
STREET AND CAMINO CAPISTRANO, APPROVED (410.40)
Jill Thomas, Senior Management Analyst, responded to questions.
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried unanimously to approve the 2011 calendar
year schedule for street banner at Del Obispo Street and Camino Capistrano.
AGENCY -FEDERAL MASTER AGREEMENT NO. 12-5372R, PROGRAM
SUPPLEMENT AGREEMENT NUMBER 012-N, FOR DEL OBISPO STREET
OVER TRABUCO CREEK FROM ALIPAZ TO CAMINO CAPISTRANO,
APPROVED; RESOLUTION NO.10-12-07-04 ADOPTED AUTHORIZING CITY
MANAGER TO EXECUTE ALL MASTER AGREEMENTS, PROGRAM
SUPPLEMENTAL AGREEMENTS, FUND EXCHANGE AGREEMENTS, FUND
TRANSFER AGREEMENTS AND/OR ANY AMENDMENTS THERETO WITH
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (600.50)
Nasser Abbaszadeh, Public Works Director, responded to questions.
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Kramer, and carried unanimously to approve Agency -Federal
Master Agreement No. 12-5372R, Program Supplement Agreement No. 012-N,
for Del Obispo Street over Trabuco Creek from Alipaz to Camino Capistrano;
Resolution No. 10-12-07-04 adopted entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
AUTHORIZING CITY MANAGER TO EXECUTE ALL MASTER AGREEMENTS,
PROGRAM SUPPLEMENTAL AGREEMENTS, FUND EXCHANGE
AGREEMENTS, FUND TRANSFER AGREEMENTS AND/OR ANY
AMENDMENTS THERETO WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION'
7 12/7/2010
0
Today's Date:
CONTRACT TRANSMITTAL
CIP No. (if any): t,i I -A
Project Manager's Last Name: i TrJL(:�V I
Council or CRA Meeting Date (if applicable)'
APPROVING AUTHORITY: (Check One)
Mayor
CRA Chair
City Manager
Transmittal Routing
(Check All That Apply)
❑ City Attorney
n % City Manager
City Clerk
Phone Extension: Vz% t lb
Provide (1) executed original contract for each signing party, including the City. If the agreement is to be
recorded — only (1) original will be recorded with certified copies going to other parties.
Please provide the mailing address of any party to receive an agreement — unless the mailing address is
included within the body of the agreement: (Not necessary if information is included in the contract)
Names Street City St Zi
OTHER INSTRUCTIONS:
a, oyllvvjS 0 �e4
12/7/2010
AGENDA REPORT E9
TO: Joe Tait, City Managed
FROM: Nasser Abbaszadeh, Public Works Director
SUBJECT: Consideration of Approving Agency -Federal Master Agreement Number
12-5372R, Program Supplement Agreement Number 012-N, for Del
Obispo Street Over Trabuco Creek from Alipaz to Camino Capistrano
RECOMMENDATION
By motion:
1. Approve Agency -Federal Master Agreement Number 12-5372R, Program
Supplement Agreement Number 012-N, for Del Obispo Street over Trabuco
Creek from Alipaz to Camino Capistrano; and,
2. Adopt a resolution authorizing the City Manager to execute the agreement, and
similar agreements on behalf of the City.
BACKGROUND:
The City has received $3,739,605 in Federal funds for widening Del Obispo Bridge over
Trabuco Creek. The project limits are Alipaz to Camino Capistrano.
The project is expected to be advertised in coming weeks to receive bids for
construction.
In order to receive the funding, the administering agency -Federal Master Agreement
Number 12-5372R, Program Supplement Agreement Number 012-N, needs to be
executed between the City and CalTrans. An accompanying Resolution authorizes the
City Manager to sign this and similar Agreements on behalf of the City.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
IkqFG1
FINANCIAL CONSIDERATIONS:
The estimated overall project cost currently stands at about $7,000,000. The City has
programmed matching funds of $3,316,649 for the bridge widening.
Agenda Report
Page 2
NOTIFICATION:
None.
RECOMMENDATION:
0
December 7. 2010
By motion:
1. Approve Agency -Federal Master Agreement Number 12-5372R, Program
Supplement Agreement Number 012-N, for Del Obispo Street over Trabuco
Creek from Alipaz to Camino Capistrano; and,
2. Adopt a resolution authorizing the City Manager to execute the agreement, and
similar agreements on behalf of the City.
Respectfully submitted:
Nasser Abbaszadeh, P.E.
Public Works Director
Attachment: 1. Program Supplement Numbers 012-N
2. Resolution
0
PROGRAM SUPPLEMENT NO. N012
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 12-6372R
0
Date: November 2, 2010
Location: 12 -ORA -0 -SJ CP
Project Number: STPL-5372(011)
E.A. Number: 12-931974
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 State on 12/10/07 and is subject to all the terns 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 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:
Del Obispo Street over Trubuco Creek from Alipaz Street to Camino Capistrano, Br. No. 55C -0396 -
TYPE OF WORK: Bridge widenig to add bike lanes, sidewalks, and additional tum LENGTH: 0.7(MILES)
lanes
Estimated Cost
Federal Funds
Matching Funds
$7,172,504.00
L230 $3,739,605.00
LOCAL
$3,316,649.00
Fund Source
OTHER
$116,250.00
CITY OF SAN JUAN CAPISTRANO
STATE OF CALIFORNIA
Year
Department of Transportation
By
By
Fund Source
Office of Project Implementation
Title
Division of Local Assistance
Division
Date
Date
Attest
3o las Goy
I hereby certify upon mypersonal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer (&0-,"ZJGV� Data 4I N/ jo $3,739,605.00
Chapter Statutes
Item
Year
Program
BC
Category
Fund Source
AMOUNT
2:.•Zcc^tW
2ti r -P
3o las Goy
Program Supplement 12-5372R-N012-ISTEA
Page 1 of 3
ATTACHMENT1
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12-ORA-0-SJCP
STPL-5372(011)
SPECIAL COVENANTS OR REMARKS
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1 110 2/201 0
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).
2. 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.
3. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
4. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days of project contract award or with the submittal
of the ADMINISTERING AGENCYs first invoice for the construction contract, whichever
is earlier.
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.
5. 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
Program Supplement 12 -5372R -N012- ISTEA Page 2 of 3
i
12-ORA-0-SJCP
STPL-5372(011)
SPECIAL COVENANTS OR REMARKS
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11/02/2010
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.
6. The 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
obligation and failure to carry 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 at
seq.).
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 Excluded Parties List System
(EPLS).
Program Supplement 12 -5372R -N012- ISTEA Page 3 of 3
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RESOLUTION NO. 10-12-7-x
•
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPSITRANO, CALIFORNIA
AUTHORIZING CITY MANAGER TO EXECUTE
ALL MASTER AGREEMENTS, PROGRAM SUPPLEMENTAL AGREEMENTS,
FUND EXCHANGE AGREEMENTS, FUND TRANSFER AGREEMENTS
AND/OR ANY AMENDMENTS THERETO 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, the City of San Juan Capistrano wishes to delegate authorization to
execute these agreements and any amendments thereto that the City Manager be
authorized to execute all Master Agreements, Program Supplemental Agreements, Fund
Exchange Agreements, Fund Transfer Agreements and/or any amendments thereto with
the California Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED that the City of San Juan Capistrano,
hereby authorizes the City Manager of the City of San Juan Capistrano to execute all
Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements,
Fund Transfer Agreements and/or any amendments thereto with the California
Department of Transportation.
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 71" day of December, 2010.
MAYOR
ATTEST:
MARIA MORIS, CITY CLERK
ATTACHMENT