09-0916_CALIF DEPT OF TRANSPORATION_AgreementPROGRAM SUPPLEMENT NO. N011
to
INISTERING AGENCY -STATE AGREEMENT
R FEDERAL -AID PROJECTS NO. 12-5372R
a
Date: September 16, 2009
Location: 12-ORA-0-SJCP
Project Number:ESPL-5372(012)
E.A. Number: 12-932045
This Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into
between the Administering Agency and the State on 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 aforemen[ ned Master Agreement under authority of Resolution No.
O /I- f, approved by the Administering Agency on �'L� JO'7 (See copy attached).
The Administering!) Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted
below obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth
on the following pages.
PROJECT LOCATION:
Camino Capistrano from San Juan Creek Road to La Zanja Street
TYPE OF WORK: Road Rehabilitation LENGTH: I(MILES)
Estimated Cost
Federal Funds
Matching Funds
STATE OF CALIFORNIA
C230 $500,000.00
LOCAL77
OTHER
'
$677,638.00
638.00
$0.00
$0.00
CITY OF
SAN JUAN CAPISTRANO
STATE OF CALIFORNIA
Department Trans/ppprtation
Ey
-of
Ey
Date
(i Z
Chief, Office of Project Implementation
Division of Local Assistance
Attest
'
�/ il/el
Title
�
11, A. ( r�{L
Date M 6[
I hereby certify upon my pexRpnal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer Date V I 1OL v;--` $500,000.00
Chapter Statutes Item I Y.kr I Program BC I Category Fund Source AMOUNT
268 2008 2660-603-890 2008-2009 20.30.010.810 F 228010 898-F 500,000.00
•
program Supplement 12-53728-NO11- ISTEA
Page 1 of 5
12-ORA-0-SJCP
ESPL-5372(012) -
so09/16%2009
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 only available for disbursement for a period of
six (6) years and seven (7) years, respectively, from the start
of the fiscal year(s) that those funds were appropriated within
the State Budget Act. All project funds not liquidated within
these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested and is approved by
the California Department of Finance per Government Code Section
16304. The exact date of each fund reversion will be reflected
in the approved finance letter(s) issued for this project.
• Notwithstanding the unliquidated sums of project specific State
and Federal funding remaining and available to fund project work,
any invoice for reimbursement that is not submitted to the
Department on or before 60 days after that applicable fixed fund
reversion date will not be paid from that fiscal year's
encumbered funds because all of these unexpended funds will be
irrevocably reverted by the Department's Division of Accounting
on that date.
Pursuant to a directive from the State Controller's Office and
the Department of Finance, the last date to submit invoices for
reimbursed work in each fiscal year is May 15th in order for
payment to be made out of those then current appropriations.
Project work performed and invoiced after May 15th will be
reimbursed only out of available funding that might be encumbered
in the subsequent fiscal year, and then only when those funds are
actually allocated and encumbered as authorized by the California
Transportation Commission and the Department's Accounting Office.
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
Program Supplement 12-5372R-NO11- ISTEA Page 2 of 5
12-ORA-0-SJCP
ESPL-5372(012)
•
N09/16/2009
SPECIAL COVENANTS OR REMARKS
to the District Local Assistance Engineer within 60 days 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.
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, and invoice payments for any
on-going or future federal -aid 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
Program Supplement 12-5372A-NO11- ISTEA Page 3 of 5
12-0RA-0-SJCP 09/10/2009
ESPL-5372(012)
CJ
SPECIAL COVENANTS OR REMARKS
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).
8. This project is financed, in whole or in part, with federal funds
from the American Recovery and Reinvestment Act of 2009 (Recovery
Act). ADMINISTERING AGENCY agrees:
1) Statutory provisions contained in Chapter 1 of Title 23
United States Code (U.S.C.) are applicable to all Recovery Act
funded projects,
2) Costs incurred prior to the date of authorization are NOT
eligible for reimbursement with federal Recovery Act funds,
3) Federal Prevailing Wage Rate requirements apply to all
Recovery Act funded construction projects regardless of location
(including projects on local roads and rural minor collectors,
and Transportation Enhancement projects outside the highway right
of way). ADMINISTERING AGENCY agrees to include the appropriate
wage rate information in the contract and also include a contract
provision that overrides the general applicability provisions in
form FHWA-1273, Sections IV and V,
• 4) To expend and invoice for all Recovery Act funds prior to
Program Supplement 12 -5372R -Noll- ISTEA Page 4 of 5
12-ORA-O-S3Cn
ESPL-5372(012)
C�
•
M091/16!2009
SPECIAL COVENANTS OR REMARKS
using other funds, and
5) To comply with the reporting requirements, terms and
conditions set forth in Sections 1201 and 1512 of the Recovery
Act and as designated by the STATE. Failure to comply will
result in retentions from progress payments due ADMINISTERING
AGENCY and/or other sanctions,
6) Recovery Act funds are available for liquidation only until
September 30, 2015 when the remaining balance of Recovery Act
funds will expire. ADMINISTERING AGENCY agrees to submit an
invoice for the balance of project Recovery Act funds (if any) to
the STATE prior to July 1, 2015.
Program Supplement12-5372R-N011- ISTEA Page 5 of 5
do
RESOLUTION NO. 07-11-20-01
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.
Page 1 of 2 11120/2007
0
40
PASS , APPROVED, AND ADOPTED this 20"' d of Nov mber, 007.
SAM LLEVATO, MAYOR
ATTET:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano,
do hereby certify that the foregoing Resolution No. 07-11-20-01 was duly adopted by
the C1 Council of the City of San Juan Capistrano at a Regular meeting thereof, held
the 20 day of November 2007, by the following vote:
AYES: COUNCIL MEMBERS: Nielsen, Hribar, Uso, Soto, and Mayor Allevato
NOES, COUNCIL MEMBER: None
AB N :A , COUNCIL MEMBER: None --
Page 2 of 2 11/20/2007
Mr. Nasser Abbaszadeh
Public Works Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Dear Mr. Abbaszadeh:
Enclosed is your fully executed copy of Program Supplement Agreement No. 011-N to Administering Agency -State
Agreement No. 12-5372R .
Sincerely,
RAY ZHANG, Chief
Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(12) DLAE - Jim Kaufman
• PUBLIC WORKS DEPARTMENT
NOV 16 2009
CITY OF
SAN JUAN CAP'S'fPANO
STATE OF CALIFORNIA. BUSINESS,TRA TATION AND HOUSING AGENCY
Arnold Schwarzenegger, Governor
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
' 3
•1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
(916) 654-3151
Fax (916) 653-7621
File:
12-ORA-0-SJCP
ESPL-5372(012)
October 29, 2009
Camino Capistrano from San Juan
Creek Road to La Zanja Street
Mr. Nasser Abbaszadeh
Public Works Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Dear Mr. Abbaszadeh:
Enclosed is your fully executed copy of Program Supplement Agreement No. 011-N to Administering Agency -State
Agreement No. 12-5372R .
Sincerely,
RAY ZHANG, Chief
Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(12) DLAE - Jim Kaufman
• PUBLIC WORKS DEPARTMENT
NOV 16 2009
CITY OF
SAN JUAN CAP'S'fPANO
• • Page 1 of 1
Christy Jakl
From: Nasser Abbaszadeh
Sent: Wednesday, October 21, 2009 3:35 PM
To: Christy Jakl
Cc: Lindsey Mannan
Subject: RE: 10/6 State Supplement Agreement
Please send the Agreement back to me and we will handle it, thanks.
Public Works Department Mission Statement —
"To enhance the quality of life and preserve the City's heritage and charm through timely response,
effective design, environmental sensitivity, and infrastructure maintenance. "
From: Christy Jakl
Sent: Wednesday, October 21, 2009 3:24 PM
To: Nasser Abbaszadeh
Cc: Lindsey Mannan
Subject: 10/6 State Supplement Agreement
Good Afternoon Nasser,
Do you have an address for where I may send the Agency -State Agreement/Program
Supplement Agreement?
Thank you!
Chrilst-� Mkl
Administrative Specialist, City Clerk's Office
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949)443-6310 1 (949) 493-1053 fax
10/21/2009
0
PROGRAM SUPPLEMENT NO. N011
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO. 12-5372R
0
Date: September 16, 2009
Location: 12-ORA-0-SJCP
Project Number:ESPL-5372(012)
E. A. Number: 12-932045
This Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into
between the Administering Agency and the State on 12/10/07 and is subject to all the tenns 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 Capistrano from San Juan Creek Road to La Zanja Street
TYPE OF WORK: Road Rehabilitation
LENGTH: ](MILES)
Estimated Cost
Federal Funds
Matching Funds
$677,638.00
C230 $500,000.00
LOCAL
$177,638.00
$0.00
OTHER
$0.00
CITY OF SAN JUAN CAPISTRANO
�7
By / _
Date ; - � (i k7— /01
Attest
Title p ;"
t LL.6
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my per nal knowledge that
budgeted funds are available for thio
encumbrance:
Accounting Officer
patetr(�-
$500,000.00
Chapter
Statutes
Item
Ye
Program
BC
Category
Fund Source
AMOUNT
268 2008 2660-603-890 2008-2009
20.30.010.810 F 228010
898-F
500,000.00
Program Supplement 12-5372R-NO11- ISTEA Page 1 of 5
12-ORA-0-SJCP • • 09/16/2009
ESPL-5372(012)
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 only available for disbursement for a period of
six (6) years and seven (7) years, respectively, from the start
of the fiscal year(s) that those funds were appropriated within
the State Budget Act. All project funds not liquidated within
these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested and is approved by
the California Department of Finance per Government Code Section
16304. The exact date of each fund reversion will be reflected
in the approved finance letter(s) issued for this project.
Notwithstanding the unliquidated sums of project specific State
and Federal funding remaining and available to fund project work,
any invoice for reimbursement that is not submitted to the
Department on or before 60 days after that applicable fixed fund
reversion date will not be paid from that fiscal year's
encumbered funds because all of these unexpended funds will be
irrevocably reverted by the Department's Division of Accounting
on that date.
Pursuant to a directive from the State Controller's Office and
the Department of Finance, the last date to submit invoices for
reimbursed work in each fiscal year is May 15th in order for
payment to be made out of those then current appropriations.
Project work performed and invoiced after May 15th will be
reimbursed only out of available funding that might be encumbered
in the subsequent fiscal year, and then only when those funds are
actually allocated and encumbered as authorized by the California
Transportation Commission and the Department's Accounting Office.
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
Program Supplement 12 -5372R -N011- ISTEA Page 2 of 5
12-0RA-0-SJCP 0 0 09/16/2009
ESPL-5372(012)
SPECIAL COVENANTS OR REMARKS
to the District Local Assistance Engineer within 60 days 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.
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, and invoice payments for any
on-going or future federal -aid 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
Program Supplement 12-5372R-NO11- ISTEA Page 3 of 5
12-ORA-0-SJCP 0 0 09/16/2009
ESPL-5372(012)
SPECIAL COVENANTS OR REMARKS
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).
S. This project is financed, in whole or in part, with federal funds
from the American Recovery and Reinvestment Act of 2009 (Recovery
Act). ADMINISTERING AGENCY agrees:
1) Statutory.provisions contained in Chapter 1 of Title 23
United States Code (U.S.C.) are applicable to all Recovery Act
funded projects,
2) Costs incurred prior to the date of authorization are NOT
eligible for reimbursement with federal Recovery Act funds,
3) Federal Prevailing Wage Rate requirements apply to all
Recovery Act funded construction projects regardless of location
(including projects on local roads and rural minor collectors,
and Transportation Enhancement projects outside the highway right
of way). ADMINISTERING AGENCY agrees to include the appropriate
wage rate information in the contract and also include a contract
provision that overrides the general applicability provisions in
form FHWA-1273, Sections IV and V,
4) To expend and invoice for all Recovery Act funds prior to
Program Supplement 12-5372R-NO11- ISTEA Page 4 of 5
12-ORA-0-SJCP 0 . 09/16/2009
PSPL-5372(012)
SPECIAL COVENANTS OR REMARKS
using other funds, and
5) To comply with the reporting requirements, terms and
conditions set forth in Sections 1201 and 1512 of the Recovery
Act and as designated by the STATE. Failure to comply will
result in retentions from progress payments due ADMINISTERING
AGENCY and/or other sanctions,
6) Recovery Act funds are available for liquidation only until
September 30, 2015 when the remaining balance of Recovery Act
funds will expire. ADMINISTERING AGENCY agrees to submit an
invoice for the balance of project Recovery Act funds (if any) to
the STATE prior to July 1, 2015.
Program Supp1emant12-5372R-N011- ISTEA Page 5 of 5
10/20/2009
AGENDA REPORT D6
TO: Joe Tait, Interim City Manage
FROM: Nasser Abbaszadeh, Public Works Director
SUBJECT: Consideration of Approving Agency -State Agreement Number 12-5372R,
Program Supplement Agreement Number 011-N, for Camino Capistrano
Asphalt Concrete Overlay Projects.
RECOMMENDATION
By motion, approve Agency -State Agreement Number 12-5372R, Program Supplement
Agreement Number 011-N, for Camino Capistrano asphalt concrete overlay from San
Juan Creek Road to La Zanja Street in the amount of $500,000, and authorize the City
Manager to execute this and similar Agreements.
BACKGROUND:
The City will receive $500,000 as a grant from the State of California for placing an
overlay on Camino Capistrano from San Juan Creek Road to La Zanja Street. The grant
is part of the American Recovery and Reinvestment Act (ARRA) for transportation
projects.
In order to receive the funding, the administering Agency -State Agreement Number 12-
5372R, Program Supplement Agreement Number 011-N, needs to be executed
between the City and CalTrans.
The project plans and specifications for street rehabilitation have been approved by City
Council in prior action to be advertised this month to receive bids.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
N/A
FINANCIAL CONSIDERATIONS:
The overall construction project budget for street rehabilitation stands at $2,983,000
(including the ARRA funds of $500,000).
0
Agenda Report
NOTIFICATION:
IPGTiL-31
RECOMMENDATION:
0
October 20, 2009
By motion, approve Agency -State Agreement Number 12-5372R, Program Supplement
Agreement Number 011-N, for Camino Capistrano asphalt concrete overlay from San
Juan Creek Road to LaZanja Street in the amount of $500,000, and authorize the City
Manager to execute this and similar Agreements.
Respectfully submitted:
Nasser Abbaszadeh, P. E.
Public Works Director
Attachment: 1. Program Supplement Number 011-N
PROGRAM SUPPLEMENT NO. N011
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO. 12-5372R
0
Date .September 16, 2009
Location: 12-ORA-0-SJCP
Project Number :bSPL-5372(012)
E.A. Number.. 12-932045
This Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into
between the Administering Agency and the State on 12(10/07 and is subject to all the tetras 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 Capistrano from San Juan Creek Road to La Zanja Street
TYPE OF WORK: Road Rehabilitation
.LENGTH: I(MILES)
Estimated Cost
Federal Funds
I Matching Funds
$677,638.00
C230 $500,000.00
LOCAL
$177,638.00
$0.00
OTHER
$0.00
CITY OF SAN JUAN CAPISTRANO
STATE OF CALIFORNIA
Department of Transportation
By By
Chief, Office of Project Implementation
Date
Division of Local Assistance
Attest
Date
Title
I hereby certify upon my pers nal knowledge that budgeted funds are available for this encumbrance:
da
Accounting Officer Date $500,000.00
Chapter Statute. Item Y.kF Program BC I Category Fund Source ANOUM
268 2008 2660-603-890 2008-2009 20.30.010.810 F 228010 898-F 500,000.00
Program Supplement 12-5372R-NO11- ISTEA Page 1 of 5
ATTACHMENT
12-0RA-0-SJC.' • • 09/16/2009
ESPL-5372(012)
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 only available for disbursement for a period of
six (6) years and seven (7) years, respectively, from the start
of the fiscal year(s) that those funds were appropriated within
the State Budget Act. All project funds not liquidated within
these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested and is approved by
the California Department of Finance per Government Code Section
16304. The exact date of each fund reversion will be reflected
in the approved finance letter(s) issued for this project.
Notwithstanding the unliquidated sums of project specific State
and Federal funding remaining and available to fund project work,
any invoice for reimbursement that is not submitted to the
Department on or before 60 days after that applicable fixed fund
reversion date will not be paid from that fiscal year's
encumbered funds because all of these unexpended funds will be
irrevocably reverted by the Department's Division of Accounting
on that date.
Pursuant to a directive from the State Controller's Office and
the Department of Finance, the last date to submit invoices for
reimbursed work in each fiscal year is May 15th in order for
payment to be made out of those then current appropriations.
Project work performed and invoiced after May 15th will be
reimbursed only out of available funding that might be encumbered
in the subsequent fiscal year, and then only when those funds are
actually allocated and encumbered as authorized by the California
Transportation Commission and the Department's Accounting Office.
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
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to the District Local Assistance Engineer within 60 days 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.
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, and invoice payments for any
on-going or future federal -aid 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
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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).
8. This project is financed, in whole or in part, with federal funds
from the American Recovery and Reinvestment Act of 2009 (Recovery
Act). ADMINISTERING AGENCY agrees:
1) Statutory provisions contained in Chapter 1 of Title 23
United States Code (U.S.C.) are applicable to all Recovery Act
funded projects,
2) Costs incurred prior to the date of authorization are NOT
eligible for reimbursement with federal Recovery Act funds,
3) Federal Prevailing Wage Rate requirements apply to all
Recovery Act funded construction projects regardless of location
(including projects on local roads and rural minor collectors,
and Transportation Enhancement projects outside the highway right
of way). ADMINISTERING AGENCY agrees to include the appropriate
wage rate information in the contract and also include a contract
provision that overrides the general applicability provisions in
form FHWA-1273, Sections IV and V,
4) To expend and invoice for all Recovery Act funds prior to
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using other funds, and
5) To comply with the reporting requirements, terms and
conditions set forth in Sections 1201 and 1512 of the Recovery
Act and as designated by the STATE. Failure to comply will
result in retentions from progress payments due ADMINISTERING
AGENCY and/or other sanctions,
6) Recovery Act funds are available for liquidation only until
September 30, 2015 when the remaining balance of Recovery Act
funds will expire. ADMINISTERING AGENCY agrees to submit an
invoice for the balance of project Recovery Act funds (if any) to
the STATE prior to July 1, 2015.
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