HomeMy WebLinkAboutC-5996 - Program Supplement No. N025 and N026 to Administering Agency-State Agreement for Federal Aid Projects No. 12-5151R (Eastbluff Drive from Vista Del Oro to Jamboree Road and Ford Road from Jamboree Road to MacArthur Boulevard)-J
PROGRAM SUPPLEMENT NO. N026
I� to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 12-5151R
Adv Project ID Date: December 10, 2014
1214000045 Location: 12-ORA-0-NPTB
Project Number: CML -5151(029)
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. ZoC0-=10-,5r- approved by the Administering Agency on 1Z]+Z] 2
(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: Pacific Coast Hwy. to Bayview Way; San Joaquin Hills Road: Jamboree Rd. to Spy Glass Hills Rd.; and
Spy Glass Hills Road: San Joaquin Hills Rd. to San Miguel Dr.
TYPE OF WORK: Class II bike lanes
LENGTH: 6.5(MILES)
Estimated Cost
Federal Funds
Matching Funds
$236,940.00
L400 $187,000.00
LOCAL
$49,940.0
OTHER
$0.0(
CITY OF NEWPORT BEACH
By
Title
Date
Attest
U�
I
'1ORN'-_
STATE OF CALIFORNIA
Department of Transportation
1./ A
By
v Chief, Office of Project Implementation
Division of Local Assistance
Date IX t,,a�l lNOr �
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer (� t 11"lt�i 1'j�(J/,2LL Date $187,000.00
Program Supplement 12 -5151R -N026- ISTEA Page 1 of 3
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV. 01/2010)
TO:
Claims Audits
3301 "C" Street, Rm 404
Sacramento, CA 95816
F -Hum:
Department of Transportation
SUBJECT:
Encumbrance Document
Vr-NUUMI LUWALAUtNUY:
City of Newport Beach
CONTRACT AMOUNT:
$187,000.00
PROCUREMENT TYPE:
Local Assistance
DATE
12/11/2014
REQUISITION NUMBER / CONTRACT NUMBER:
RQS # 121500000174
Page _1_ of _1_
PROJECT NUMBER:
1214000045
ADA Notit 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.
12-ORA-0-NPTB
C h1 L-5151(029)
SPECIAL COVENANTS OR REMARKS
12/10/2014
1 • A. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. 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).
C. 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.
D. 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.
E. 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
Program Supplement 12-5151 R -N026- ISTEA Page 2 of 3
12-ORA-0-NPTB
CML -5151(029)
SPECIAL COVENANTS OR REMARKS
12/10/2014
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.).
F. 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.
G. 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 Exclusion List. Exclusions can be
found at www.sam.gov.
Program Supplement 12 -5151R -N026- ISTEA Page 3 of 3
WHEREAS, the City of Newport Beach 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 Newport Beach wishes to delegate authorization to execute these
agreements and any amendments to the City Manager and that the City Manager be
authorized to execute all Master Agreements, Program Supplemental Agreements, Fund
Exchange Agreements, Fund Transfer Agreements anti/or any Amendments thereto with the
Califomia Department of Transportation.
NOW, THEREFORE BE 1T RESOLVED that the City Council of the City of Newport
Beach hereby delegates to the City Manager the authority to execute the individual Master
Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund
Transfer Agreements and/or any Amendmentsthereto with the California Department of
Transportation. This Resolution shall take effect immediately upon its adoption.
Adopted this 12 day of December, 2006.
ATTEST:
JV �4
itylerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITF 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. 2006-106 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
12th day of December 2006, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal. of said City this 13th day of December 2006.
City Clerk
'Newport Reach, California
STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
(916) 654-3883
Fax (916) 654-2408
February 11, 2015
Mr. Dave Webb
Public Works Director
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: Mr. Mike Sinacori
Dear Mr. Webb:
EDMUND G. BROWN Jr., Governor
File: 12-ORA-0-NPTB
CML -5151(029)
Jamboree Road: Pacific Coast Hwy.
to Bayview Way; San Joaquin Hills
Road: Jamboree Rd. to Spy Glass F -
Enclosed is your fully executed copy of Program Supplement Agreement No. 026-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.
Sincerely,
I c4z�_� HOOLE, Chief
Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(12) DLAE - Jim Kaufman
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PRGGRAM SUPPLEMENT NO. N025 Adv Project ID Date: June 26, 2014
to j 1214000044 Location: 12-ORA-0-NPTB
ADMINISTERING AGENCY -STATE AGREEMENT Project Number: CML -5151(028)
FOR FEDERAL -AID PROJECTS NO 12-5151R 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. 1_t: ( .t; (U.1') approved by the Administering Agency on l a,_) a-Zcs b t
(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:
Eastbluff Drive from Vista Del Oro to Jamboree Road and Ford Road from Jamboree Road to MacArthur Boulevard
TYPE OF WORK: Class II bike lane gap closure
Estimated Cost
$307.599.00
_ Federal Funds
L400 $235,420.00
LENGTH: 1.0(MILES)
_ Matching Funds -
LOCAL OTHER
$72,179.00
$0.00
CITY OF NEWPORT BEACH STATE OF CALIFORNIA
Department of Transpo ation
By `yEWPp�T By 4.7�(
Title �},- -?�,�
09 By
Chief, ffice of Pro ect Implementation
Date ���'^ ' a = G Division of Local Assistance
Date
Attest
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer __:'`}�:_�- Date _.--�% S235.420.00
..-_
Chapter Statutes Item Year Program BC Cate o iT Fund Source AMOUNT
-——��..__ - - --9.-ry —i--
Program Supplement 12 -5151R -N025. ISTEA Pagel of 3
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV 0112010)
Claims Audits
3301 "C" Street, Rm 404
Department of Transportation
SUBJECT.
Encumbrance Document
VENDOR 7 LOCAL AGENCY.
City of Newport Beach
CONTRACTAMOUNT.
$2351420.00
PROCUREMENT TYPE
Local Assistance
Page: _oi 1_
ADA Noth For individuals win sensory diSabilibes, this document is available in alternate formals For information. Call (915) 654.64100 TDD (9 ?6) 3880 or wnle
Records and FOMS Management, 1120 N. Street. MS -89. Sacramento, CA 95814
12= 0RA- 0 -NPTB
06124/2014
CML- 5151(028)
SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
2. 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).
3. 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.
4. 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.G. 3801 et
seq.).
5. Any State and Federal funds that may have been encumbered for this project are
Program Supplement 12- S151R -N025- ISTEA Page 2 of 3
I Z ORA- 0 -NPTS
CML- 5161(02$)
SPECIAL COVENANTS OR REMARKS
06/24/2014
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.
6. 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 153 "Award Package" of the Local Assistance
Procedures Manual.
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 Exclusion List. Exclusions can be
found at www.sam.gov.
Program Supplement 12 -5151 R -N025- ISTEA Page 3 of 3
RESOLUTION NO. 2006. 105
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 City of Newport Beach is eligible to receive Federal and /or State funding
for certain transportation projects, through the Califomia Department of Transportation; and
WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange
Agreements and /or Fund Transfer Agreements need to be executed with the Califomia
Department of Transportation before such funds could be claimed; and
WHEREAS, the City of Newport Beach wishes to delegate authorization to execute these
agreements and any amendments to the City Manager and 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 Council of the City of Newport
Beach hereby delegates to the City Manager the authority to execute the individual Master
Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund
Transfer Agreements and /or any Amendmentsthereto with the California Department of
Transportation. This Resolution shall take effect immediately upon its adoption.
• J! f�.
�, pa i
'Ig J ,
ATTEST:
/ % *r /ii
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. 2006 -106 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
12th day of December 2006, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal, of said City this 13th day of December 2006.
a�ypPn., City Clerk
Newport Beach, California
{Seat)
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STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274 -0001
TTY 711
(916) 654 -3883
Fax(916)654 -2408
November 25, 2014
Mr. Dave Webb
Public Works Director
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: Mr. Mike Sinacori
Dear Mr. Webb:
EDMUND G. BROWN Jr., Governor
e^J& R
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File: 12- ORA- 0 -NPTB
CM L- 5151(028)
Eastbluff Drive from Vista Del Oro
to Jamboree Road and Ford Road
from Jamboree Road to MacArthur E
CNB Public Works
DF" 0 12014
Received
Enclosed is your fully executed copy of Program Supplement Agreement No. 025 -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.
Sincerely,
JOHN HOOLE, Chief
Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(12) DLAE - Jim Kaufman