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Home My WebLink AboutC-4946 - Program Supplement No. N022 to Adminstering Agency-State Agreement for Federal-Aid Projects No. 12-5151 for Park Avenue on Balboa Island over the Grand Canal, Br. No. 55C-0015STATE OF CALIFORNIA. BUSINESS,TRANSPORTATION AND HOUSING AGENCY EDMUND G. BROWN Jr. Governor DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274 -0001 TTY 711 (916) 6543151 Fax(916)653 -7621 October 19, 2011 Ms. Stephen Badum Director of Public Works City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Attn: Mr. Tom Sandefur Dear Ms. Badum: 9 File: 12 -ORA- 0 -NPTB BRLO - 5151(026) Park Avenue on Balboa Island over the Grand Canal, Br. No. 55C -0015 Enclosed is your fully executed copy of Program Supplement Agreement No. 022 -N to Administering Agency -State Agreement No. 12 -5151 R 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. Since the authorizing resolution submitted with this agreement is over ten years old, we will no longer accept it for the verification of signatures on future Program Supplement Agreements. Please reaffirm your Council's intent to continue delegating the signing of these agreements by enacting an updated authorizing signature resolution. Sincerely, f;11.1f ANG, Chief ice Project Implementation -South Division of Local Assistance Enclosure c: DLA AE Project Files (12) DLAE - Jim Kaufman PROGRAM SUPPLEMENT NO. N022 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 12-5151 Adv Project ID Date: August 24, 2011 1212000011 Location: 12-ORA-0-NPTB Project Number: BRLO-5151(026) E.A. Number: Locode: 5151 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 12/15/06 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. 2001-2 approved by the Administering Agency on i (oq l 0 (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: Park Avenue on Balboa Island over the Grand Canal, Br. No. 55C-0015 TYPE OF WORK: Bridge, replacement Estimated Cost $240,000.00 Federal Funds L11E $110,929.3$1' 3�D0 $65;129.22 QT10 $63;941.47 CITY OF NEWPORT BEACH By Title C MAnT� l� Date Attest LOCAL $0.0 LENGTH: 0.0(MILES) OTHER $0.00 STATE OF CALIFORNIA Departme t of Transport ion By 1. hief, bffice of Proje Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer_1L(C� Anc-1, Date ( $240,000.00 Chapter Statutes Item Year Program BC I Category Fund Source AMOUNT Program Supplement 12-5151-N022- ISTEA Page 1 of 3 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 0112010) Page_ of _ Clains Audits JOW4111 1 1212000011 3301 "C" Street, Rot 404 REQUISITION NUMBER f CONTRACT NUMBER: Sacramento, CA 95818 ROS 121200000053 Department of Transportation SUBJECT: Encumbrance Document VENDOR /LOCAL AGENCY CITY OF NEWPORT BEACH CONTRACT AMOUNT: $240,000.00 PROCUREMENT TYPE Local Assistance I HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNDS ARE AVAILABLE FOR THIS EMCUMBRANCE AND PURPOSE OF THE EXPEDNITURE STATED ABOVE. ADA Noth For individuals with sensory disabilities, this demmetll is avaitable In alternate formats. For Information, call (915) 054 -8410 of TDD (918) -3880 or write Records and Forms Management, 1120 N. Street, MS-89, SaCmmento, CA 95814. 19- ORA -0-NPTB BRLO- 5151(026) SPECIAL COVENANTS OR REMARKS 08/24/2011 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 .involvin.g 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 and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. 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 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 Program Supplement 12- 5151 -N022- ISTEA Page 2 of 3 .. : I 12- ORA- 0 -NPT13 08/2412011 BRLO - 5151(026) SPECIAL COVENANTS OR REMARKS 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 -ferms 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, inappropriate 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. In the event that right of way acquisition for or construction of this project of the initial federal authorization for preliminary engineering is not started by the close of the tenth fiscal year following the fiscal year in which the project is authorized, the ADMINISTERING AGENCY shall repay the Federal Highway Administration through Caltrans the sum of Federal funds paid under the terms of this agreement. Program Supplement 12- 5151 -N022- ISTEA Page 3 of 3 PROGRAM SUPPLEMENT NO. N022 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 12 -5151 Adv Project ID Date: August 24, 2011 1212000011 Location: 12- ORA- 0 -NPTB Project Number: BRLO- 5151(026) E.A. Number: OTHER Locods: 5151 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 12/15/06 and Is subject to all the terms and conditions thereor. This Program Supplement is executed In accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. 2001 -2 approved by the Administering Agency on I /ba(0 (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: Park Avenue on Balboa Island over the Grand Canal, Br. No. 55C -0015 TYPE OF WORK: Bridge replacement LENGTH: 0.0(MILES) Estimated Cost Federal Funds I Matching Funds L11E $110:929.3$] LOCAL OTHER 3' Dq: .$6 129.2 2 $240,000.00 01'10 $63;941.4 $010 $0.0� CITY OF NEWPORT BEACH By c: Title G! t9!Ki_ Date �` ?�} -►�-� Attest STATE OF CALIFORNIA Departms t of Tranapor Ion ;. ^� r By 4"blef, ffice of ProjecCimplamentation P7 Division of Local Assistance Data��s /JI I hereby certify upon my ppersonal knowledge that budgeted funds are available for this encumbrance: Accounting Officer 4'0a-. �^ ,, "� ` Date Ylk�hi $280,000,00 Program Supplement 12- 5161 -N022- ISTEA Page 1 of 3 PROGRAM SUPPLEMENT NO. N022 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 12-5151 Adv Project ID Date: August 24, 2011 1212000011 Location: 12-ORA-0-NPTB Project Number: BRLO-5151(026) E.A. Number: Locode: 5151 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 12/15/06 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. 2001-2 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: Park Avenue on Balboa Island over the Grand Canal, Br. No. 55C-0015 TYPE OF WORK: Bridge replacement LENGTH: 0.0(MILES) Estimated Cost CITY OF By Title Date Attest $240,000.00 Federal Funds L11 E $110,929.311 33Dp $65,129.22 Q1`10 $631941.4'ra7 LOCAL Matching Funds OTHER $0.00 STATE OF CALIFORNIA Department of Transportation BY--- -- - - - --- - - Chief, Office of Project Implementation Division of Local Assistance Date .--- -- I hereby certify upon mypersonalknowledge that budgeted funds are available for this en/cumbrance: Accounting Officer �` "�� ' - Date �! I Chapter j Statutes I Item I Year Program BC I Category I Fund Source $240.000.00 AMOUNT Program Supplement 12-5151-N022- ISTEA Pagel of 3 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV 0112010) Claire Audits 3301 "C Street, Rm 464 Sacramento. CA 95816 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR I LOCAL AGENCY: CITY OF NEWPORT BEACH CONTRACT AMOUNT: $240,000.00 PROCUREMENTTYPE: REQUISITION NUMBER I CONTRACT NUMBER, RQS 121200000053 Page _ of _ Local Assistance I HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNDS ARE AVAILABLE FOR THIS EMCUMBRANCE AND PURPOSE OF THE EXPEDNITURE STATED ABOVE. ADA NOtlt For individuals vldh sensory disabilities, this document is available in alternate formats. For information, call (915) 654 -6410 of TDD (916) -3880 or write Re=ds and Forms Management, 1120 N. Street. MS-89. Sacramento, CA 95814. 12- ORA -0-NPTB BRLO- 5151(026) SPECIAL COVENANTS OR REMARKS 08!2412011 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 and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. 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 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 Program Supplement 12- 5151 -N022- ISTEA Page 2 of 3 12- ORA- 0 -NPTB 08/2412011 B RLO- 5151(026) SPECIAL COVENANTS OR REMARKS 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.offhe 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. teims shall be. treated as a violation of this Agreement,... ...::Upon notification to th& Administering. Agency of. its failure to carry out its D.BE 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. In the event that right of way acquisition for or construction of this project of the initial federal authorization for preliminary engineering is not started by the close of the tenth fiscal year following the fiscal year in which the project is authorized, the ADMINISTERING AGENCY shall repay the Federal Highway Administration through Caltrans the sum of Federal funds paid under the terms of this agreement. Program Supplement 12- 5151 -NO22- ISTEA Page 3 of 3 RESOLUTION NO. 2001- 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DELEGATING AUTHORITY TO CITY MANAGER TO APPROVE PROGRAM SUPPLEMENTS WITH CALTRANS FOR LOCAL ASSISTANCE TRANSPORTATION PROJECTS WHEREAS, the Legislature of the State of California has enacted legislation by which certain Federal funds may be made available for use on local transportation facilities of public entities qualified to act as recipients of these federal funds In accordance with the intent of Federal law; and WHEREAS, a certain amount of these funds has been apportioned to the City of Newport Beach (the City), and City Council has appropriated these funds for certain street improvement projects; and WHEREAS, to receive the reimbursement of said funds the City Is required to execute the Administering Agency -State Agreement for Federal -Aid Projects, No. 12 -5151, as adopted on May 21, 1997, and a Program Supplement Agreement for each specific project; and WHEREAS, Paragraph 5 of Article I, Project Administration, of the Master Agreement allows a local agency governing body to delegate the authority to manage the Program Supplements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: SECTION 1. The City Manager be, and hereby is, delegated the authority to endorse the Individual Program Supplement Agreements to the Administering Agency -State Agreement for Federal -Aid Projects. SECTION 2. This Resolution shall take effect Immediately upon its adoption. ADOPTED this 9th day of January , 2001. ATTEST: �(�/ /l/%� �DnTc��•/��d1!Xi14 City Clerk Mayor r STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2001 -2 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9"h day of January, 2001, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 101h day of January, 2001. (Seal) City Clerk Newport Beach, California