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Home My WebLink AboutC-3293(F) - Program Supplemental Agreement for Arterial Highway Rehabilitation Program Projects - Program Supplement No. M013 with the State of California for the construction of San Joaquin Hills Road from Jamboree Road to MacArthur Boulevard, with federPROGRAM SUPPLEMENT NO. M013 Rev. 2 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 12-5151 Adv Project ID Date: August 10, 2011 j /200000408 Location: 12-ORA-0-NPTB I Project Number: STPLZ-5151(015) E.A. Number: 12-402414 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 05/21/97 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: Jamboree Road over San Diego Creek (Br. Nos. 55C-0149 (L & R) and the Goldenrod Avenue pedestrian bridge (Br No. 55C-0151) over Bayside Drive TYPE OF WORK: Seismic retrofit LENGTH: 0.O(MILES) Estimated Cost Federal Funds - BMTO $1,158;415.00 BNAO $78,120.00 $2,122,000.00 BMYO $257.,080.00, L240 $337,308.00 CITY OF NEWPORT BEACH MOM Matching Funds LOCAL PROP 1B- $135,575.-00 OTHER STATE $71,702.00 $83,abo.oc $0.00 STATE OF CALIFORNIA Department of Transportation By _— 4 ty� By Title _ - 0 = Chief, Office of Project Implementation 1>1 ,Division of Local Assistance Date 9 - I ` I.JON Attest - C'qL1 FOS Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: �' / Accounting Officer_ ��t-' AIX- Date v /S / / / Chapter Statutes Item Year Program BC Category Fund Source Program Supplement 12 -5151 -M013 -R2- ISTEA $2,038.200.00 AMOUNT Page 1 of 4 1Z-UKA-U-Nr i b STPLZ-5151(015) SPECIAL COVENANTS OR REMARKS 08/23/2011 1. The ADMINISTERING AGENCY agrees to advertise the project no later than six (6) months after receipt of the structural plans, specifications and estimates from the State. 2. This PROJECT is programmed to receive State Proposition 1 B Bond funds from the Local Bridge Seismic Retrofit Account (LBSRA) to provide the required match to federal Highway Bridge Program (HBP) funds on this PROJECT. The PROJECT will be administered in accordance with the Proposition 1B Local Bridge Seismic Retrofit Account Guidelines adopted by the California Transportation Commission (CTC) and its amendments, accountability requirements of the Governor's Executive Order # S-02-07, PROJECT Baseline Agreement, and this Program Supplement Agreement (PSA). ADMINISTERING AGENCY agrees the PROJECT Baseline Agreement and any amendments thereto are hereby made a part of this PSA. 3. The ADMINISTERING AGENCY agrees to use local funds to match that portion of the work not eligible for match under The State Seismic Program. 4. 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). 5. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 6. 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. Program Supplement 12 -5151 -M013 -R2- ISTEA Page 2 of 4 1L-VKA-U-N1'1 b STPLZ-5151(015) SPECIAL COVENANTS OR REMARKS 08/23/2011 These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. 7. 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. 8. 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 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. 9. 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.). Program Supplement 12 -5151 -M013 -R2- ISTEA Page 3 of 4 '1Z-UKA-U-Nr 1 is STPLZ-5151(015) SPECIAL COVENANTS OR REMARKS UU/23IZU11 10. 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). 11. The ADMINISTERING AGENCY acknowledges that Local Bridge Seismic Retrofit Account (LBSRA) funds will only be available to ADMINISTERING AGENCY if: 1) the LBSRA has sufficient funds, 2) the funds are appropriated by the legislature, and 3) the California Transportation Commission (CTC) provides an allocation of the Proposition 1B State Seismic Match funds. In addition, any federal Highway Bridge Program (HBP) funds authorized under Advance Construction (AC) procedures for eligilble seismic retrofit work must be converted to a real obligation of federal funds (via a modified E-76) prior to requesting reimbursement of the associated federal and LBSRA match funds. Program Supplement 12 -5151 -M013 -R2- ISTEA Page 4 of 4 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: City Clerk Mayor 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 9th 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 10th day of January, 2001. (Seal) OW&7w-�- /�7, 26%&�2 City Clerk Newport Beach, California STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV 01/2010) TO: Clains Audits 3301 "C" Street, Rm 404 Sacramento, CA 95816 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR/ LOCAL AGENCY: CITY OF NEWPORT BEACH CONTRACT AMOUNT: $1,563,000.00 PROCUREMENT TYPE: Local Assistance DATE PREPARED: 08/10/11 REQUISITION NUMBER / CONTRACT NUMBER. RQS 121200000016 Page _ of _ PROJECT NUMBER: 1200000408 I HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNDS ARE AVAILABLE FOR THIS EMCUMBRANCE AND PURPOSE OF THE EXPEDNITURE STATED ABOVE. CHAPTER STATUTES ITEM YEAR PEC/PECT TASK /SUBTASK AMOUNT 1 2009 2660-102-890 2009-2010 20.30.010.690 2240/0600 $ 984,444.00 1 2009 2660-102-890 2009-2010 20.30.010.690 2240/0600 310,749.00 1 2009 2660-102-042 2009-2010 20.30.010.690 2240/0600 40,261.00 268 2008 2660-120-662 2008-2009 20.30.010.690 2280/0100 127,546.00 1 2009 2660-102-890 2009-2010 20.30.010.690 2240/0600 61,971.00 1 2009 2660-102-890 2009-2010 20.30.010.690 2240/0600 26,559.00 1 2009 2660-102-042 2009-2010 20.30.010.690 2240/0600 3,441.00 268 2008 2660-120-662 2008-2009 20.30.010.690 2280/0100 8,029.00 ADA NOtll For individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654-6410 of TDD (916) -3880 or write Records and Forms Management, 1120 N. Street, MS -89, Sacramento, CA 95814.