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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 d O O d C 0z odea adw a W LU J W U z a Z LL 0 C C O V N 0 d A= T d C o j OIU U C � (7 � O c O y y C 0 N a m m U � H o m o r c o M d U a $ <o d a � c E z° o m N d C d d O r d v � a o � o 0 d y � 9 � A d m p O Y cQ C d �O A c v N y d y y O O d a o � d p� o as W fA y y N Q J y d C U A J =, ca ' iL E L C m c F � C C 0 d T d C o j (7 U y C y a m U � LL 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 0 12-ORA-0-SJCP STPL-5372(011) SPECIAL COVENANTS OR REMARKS 0 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 0 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 0 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