2002-172- Denying An Appeal Of Decision Of The Planning Commission Approving Construction Of A Second Story Addition On Property ZonedRESOLUTION 2002 -172
RESOLUTION OF THE'TOWN COUNCIL OF THE TOWN OF LOS GATOS
.AUTHORIZING THE TOWN MANAGER
TO EXECUTE ALL MASTER AGREEMENTS, PROGRAM SUPPLEMENT
AGREEMENTS, FUND TRANSFER AGREEMENTS., ANY AMENDMENTS
THERETO WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
CONCERNING THE PEDESTRIAN SAFETY PROGRAM GRANT FOR'THE
.BLOSSOM HILL ROAD SIDEWALK
AND SPEED RADAR BOARD PROJECT
WHEREAS., the Town of Los Gatos is eligible to receive Federal andlor
State funding for 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
WIIE~REAS, the Town wishes to delegate authorization to execute these
agreements thereto to the Town Manager be authorized to execute all Master
Agreements, Program Supplemental Agreements, Fund Exchange .Agreements, Fund
Transfer Agreements and any amendments thereto with the California Department
of Transportation
RESOLVED, that the Town Council of the Town of Los Gatos
Appoints the Town Manager as agent to conduct all negotiations, execute ..and
submit all documents including, but not limited to Applications, agreements,
payment requests and so on, which may be necessary for the completion of the
project(s)..
PASSED At ADOPTED at a. meeting of the Tc .i Council of the Town
of Los Gatos, California, held on the 4t'' day of November, 2002 by the following
vote:
COUNCIL MEMBERS:
AYES: Steven Blanton, Sandy Decker, .Steve Glickman, .Joe Pirzynski
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN.: None
SIGNED:
MAYOR OF TH OWN OF GATOS
LOS GATOS, CALIFORNIA
ATTEST:
~~~,~/(.~-..cam,.
~~~= "
CLERK OF THE TO`~VN OF LOS GATOS
LOS GATOS, C?rI I~ORNIA
MASTER AGREEMENT ~
.ADMINISTERING AGENCY -STATE AGREEMENT
FOR
STATE FUNDED .PROJECTS
lo~~.~ ion,
~c~~,o~.~.~~
District 04
.Agreement No. 000067
City of Los Gatos
Adnunstering Agency
THIS AGREEMENT, made effective this day of , 2002, is by and between the City of Los
Gatos, hereinafter referred to as 'ADMINISTERING AGENCY,' .and the State of California,
acting by and through its Department of Transportation, hereinafter referred to as 'STATE.'
WITNESSETH
WHEREAS, the Legislature of the State of California has enacted legislation by which
certain State funds are :made available for use on local transportation facilities; and
WI-~REAS, .ADMINISTERING AGENCY has applied to the California Transportation
Commission (CTC) and/or STATE for funding from the STATE Transportation Improvement
Program (STIP), or other programs, as defined in the Local Assistance Program Guidelines for
use on local transportation facilities as local administered PROJECT(S), hereinafter referred to as
"PROJECT"; and
W1=IEREAS, said PROJECT will not receive any federal funds:; and
WHEREAS, STATE is willing to enter into an AGREEMENT with ADMINISTERING
AGENCY to delineate those certain obligations placed upon ADMINISTERING AGENCY
relative to the use of said State .funding and the prosecution of said PROJECT by
.ADMINISTERING AGENCY.
NOW, THEREFORE, the parties agree as follows:
ARTICLE I -PROJECT ADMII~]ISTRATION
1. This AGREEMENT shall have no force or effect with respect to any programmed project
unless and until aPROJECT-specific program supplement, adopting all of the terms and
conditions of this AGREEMENT, hereinafter referred to as "PROGRAM SUPPLEMENT," has
been fully executed by the parties.
2. A Financial commitment of state funds will occur only following the execution of this
AGREEMENT together with the subsequent execution of each applicable .PROGRAM
SUPPLEMENT.
3. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of
.State funds encumbered to the PROJECT described in the PROGRAM SUPPLEMENT, to
comply with the terms of this AGREEMENT and all of the agreed-upon Special Covenants and
Page 1 of 9 Exhibit A
conditions attached to or made a .part of the PROGRAM SUPPLEMENT, identifying and
defining the nature of that specific PROJECT.
4. The PROGRAM .SUPPLEMENT shall designate the ADMINISTERING AGENCY
responsible for implementing the various :phases of the PROJECT, the State funding program,
.and the matching funds to be provided by ADMINISTERING AGENCY and/or others.
Adoption and execution of .the PROGRAM SUPPLEMENT by ADMINISTERING AGENCY
and STATE, incorporating the terms .and conditions of this AGREEMENT into the PROGRAM
SUPPLEMENT as though fully set forth. therein, shall be sufficient to bind the
ADMINISTERING .AGENCY to these terms and conditions when performing the PROJECT.
Unless otherwise expressly delegated in a resolution by the ADMINISTERING AGENCY'S
governing body and concurred in by STATE, the PROGRAM SUPPLEMENT shall be managed
by the ADMINISTERING AGENCY' :governing body.
5. PROJECT shall be acquired, designed, and constructed {a) as required in the Local
Assistance Program Guidelines, (b) such other STATE procedures as are identified in the
.PROGRAM SUPPLEMENT, and {c) as is specified in this AGREEMENT.
6. Unless otherwise provided in the PROGRAM .SUPPLEMENT, the ADMINISTERING
AGENCY shall advertise, award, and administer the PROJECT construction contract or
contracts.
7. The estimated cost and scope of PROJECT will be as described in the PROGRAM-
.SUPPLEMENT and STATE funding participation is limited to the amounts established by
STATE. A contract awarded by ADMINISTRATING AGENCY for an amount in excess of said
.approved estimate may exceed said PROGRAM SUPPLEMENT cost estimate provided (a)
ADMINISTERING AGENCY provides the necessary additional funding or (b) a PROJECT cost
increase in State funding is first .requested by ADMINISTERING AGENCY and is approved by
.STATE in the form of an amended PROGRAM SUPPLEMENT or a .STATE approved
encumbrance document adding (or deleting) PROJECT funds.
8. Subsequent to the inclusion of the PROJECT in a plan or program approved by STATE
and the ADMINISTERING AGENCY entering into this AGREEMENT and tl3e PROGRAM
SUPPLEMENT., he ADMINISTERING AGENCY may .request and receive payment for eligible
work as follows:
(a) STATE will reimburse the STAT'E's share of eligible participating PROJECT costs
monthly in arrears upon ADMINISTERING AGENCY'S subnuttal of signed acceptable monthly
progress pay invoices (in duplicate) for .expenditures actually made by ADMINISTERING
AGENCY.
(b) If PROJECT involves work on the STATE highway system, that PROJECT shall also
be the subject of separate standard forms of STATE encroachment permits issued to
ADMINISTERING .AGENCY and any contractors and., :where appropriate, an executed
cooperative agreement between STATE and ADMINISTERING AGENCY to determine how
PROJECT is to be acquired, designed, or constructed and to establish ownership and future
maintenance obligations.
Page 2 of 9 1/5/00
(c) State funds will not participate in any :portion of PROJECT work performed in
advance of either the effective date of the executed PROGRAM SUPPLEMENT for said
:PROJECT or the effective date of this AGREEMENT.
9. The total of all ADMINISTERING AGENCY invoices (submitted monthly or quarterly in
arrears) for reimbursement of participating PROJECT costs, including .all required
ADMINISTERING AGENCY matching funds, must not exceed the actual total allowable
PROJECT costs, including, but not limited to, all .completed preliminary engineering work, right
of way acquisition, design and construction included within the PROJECT description contained
in the PROGRAM SUPPLEMENT.
10. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall
reference (a) this AGREEMENT number, (b) the PROJECT title .and number, (c) the ,progress
billing number for the PROJECT, and (d) shall be formatted and costs reported in accordance
with the current version of Chapter 5, "Accounting/Invoices," of the Local Assistance
Procedures Manual published by STATE.
11. STATE programmed amounts may be increased to cover PROJECT cost increases only
(a) if such funds are available, (b) STATE concurs with that proposed increase, and (c) STATE
.executes an amending PROGRAM SUPPLEMENT or a '.STATE approved encumbrance
document encumbering those funds.
12. When additional .State funds are not available, the ADMINISTERING AGENCY agrees
that the payment of State funds will be limited to the amounts already .approved in the
PROGRAM SUPPLEMENT and :all STATE approved encumbrance documents and that any
increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY .funds.
13. The legislature of the State of California and the Governor of the State of California, each
within their respective jurisdictions, have prescribed- certain employment practices with respect
to contract and other work. financed with State funds. ADMINISTERING AGENCY shall ensure
that work performed under this AGREEMENT is done in conformance with the rules and
:regulations embodying such requirements where they are applicable.
14. ADMINISTERING AGENCY and its ..subcontractors shall .establish and maintain an
accounting system conforming to Generally Accepted Accounting .Principles (GAAP) to support
reimbursement payment vouchers or invoices which segregate and accumulate costs of
PROJECT work elements and produce monthly reports which clearly identify reimbursable costs.,.
matching costs, and other expenditures by ADMINISTERING AGENCY.
15. ADMINISTERING AGENCY and all subcontractors shall comply with the Uniform
.Administrative Requirements for State and Local Governments set forth in the Code of Federal
Regulations (CFR), Title 49, Part i8. In addition, the ADMINISTERING AGENCY agrees to
comply with :the cost. principles :and procedures ..set forth in Office of Management and Budget
Circular A-87. The ADMINISTERING .AGENCY agrees that a reference to either Office of
Management and Budget (OMB) Circular A-87 or the Code of Federal Regulations, Title 48,
Chapter 1, Part 31, whichever is applicable and the code of Federal Regulations, Title 49, Part
18, will be included in any subcontracts entered into as a result of this AGREEMENT.
Page 3 of 9 1/5/00
16. After completion of all work under this AGREEMENT, and after all PROJECT costs are
known, ADMINISTERING AGENCY shall contract for a financial audit of PROJECT costs if
those costs are in excess of $300,000. This Audit, to be accomplished at the ADMINISTERING
AGENCY's expense, may be done on an individual PROJECT basis, or PROJECT may be
included in the ADMINISTERING AGENCY'S annual Single Audit. If an individual .audit of
PROJECT is done, the auditor must prepare a Final Audit Report. If ADMINISTERING
AGENCY chooses the Single Audit option, an audit report is :required for the State funding
share. This report should be .prepared in accordance with the guidelines set forth in OMB
Circular A-133. Compliance testing performed for this audit should determine whether the
.ADMINISTERING AGENCY has a system that is adequate to accumulate .and segregate
reasonable, allowable and allocable costs to assure that:
(a) Reimbursement claims submitted fio STATE for the PROJECT are supported by
payment vouchers and canceled checks.
(b) Charges for the various categories of eligible PROJECT costs incurred by the
ADMINISTERING AGENCY are fully supported and recorded in he ADMINISTERING
AGENCY'S accounting records in accordance with generally accepted accounting principles.
(c) The ADMINISTERING ,AGENCY complied with CFR 49 :Part 18, Uniform
Administrative Requirements for State and Local Governments and OMB A-87, Cost Principles
for State and Local Governments. Any instances of noncompliance or costs determined_
ineligible in accordance with these regulations but claimed for reimbursement should be
identified and set forth in the auditor's report.
17. The "State Report of Expenditures" must be completed by ADMINISTERING AGENCY
within one hundred eighty (1.80) days of PROJECT completion in the format described for State
funded projects in Chapter 17, "Project Completion" of the Local Assistance Procedures
Manual. The Final Invoice must be subrrutted with the "State Report of Expenditures". The
Audit must be completed by the December 30th following the fiscal year of PROJECT
completion. Project completion is .defined as when .all work identified in the approved
PROJECT Application and PROGRAM SUPPLEMENT has been completed and final costs are
known. The report documents (State Report of Expenditures and Final Audit Report) will be
sent to the appropriate STATE office. Failure to comply with these reporting requirements may
result in the withholding of future .allocations for other projects.
18. STATE reserves the right to conduct technical and financial audits if it is determined to
be necessary. After any financial audit, ADMINISTERING AGENCY shall promptly refund any
excess State funds erroneously reimbursed to ADMINISTERING AGENCY.
19. Should ADMINISTERING .AGENCY fail to refund all moneys due STATE as provided
hereunder or should ADMINISTERING AGENCY breach this AGREEMENT 'by failing to
complete PROJECT, then, within thirty (30) days of STATE's demand, or within such other
period as may be agreed to in writing between the parties hereto, STATE, acting through the
State Controller, the State Treasurer, the California Transportation Commission (CTC), or any
other public agency,. may withhold .or demand a transfer of an amount equal to the PROJECT
Page 4 of 9 1/5>00
amount paid by STATE from future apportionments or any other funds due ADMIMSTERING
AGENCY from the Highway Users Tax Fund or any other funds and/or may withhold approval
of future ADMINISTERING AGENCY projects.
20. Should ADMINISTERING AGENCY be constituted as a joint powers authority, a especial
district, or any other public entity not directly receiving. funds through the State Controller :and
ADMINISTERING AGENCY is declared by STATE to be in breach of this AGREEMENT or
otherwise in default, STATE is authorized to obtain reimbursement from whatever sources of
funding are available, including the withholding or transfer of funds, pursuant to Article I-19,
from any or all, joint and several, of those constituent entities comprising the joint powers
authority or by the bringing of an action against ADMINISTERING AGENCY .and its constituent
member entities to recover all funds provided by .STATE hereunder. The ADMINISTERING
AGENCY acknowledges that the signatory ,party represents the ADMINISTRING AGENCY and
further warrants that there is nothing within the Joint Powers Agreement itself that would restrict
or otherwise limit STATE's ability to recover state funds improperly spent by the
ADMINISTERING AGENCY in contravention of the terms of his AGREEMENT.
21, When PROJECT is not on the STATE highway system, but includes work to be
performed by a railroad, the contract for such work shall be prepared and administered by
ADMINISTERING AGENCY or by STATE, as he parties may hereafter agree. In either event,
ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future
maintenance of protective devices or other facilities installed or constructed under that contract.
ARTICLE II -ENGINEERING
L "Project Development Costs" includes all preliminary work directly related to the
PROJECT up to contract award for construction, including, but not limited to, environmental
studies., preliminary surveys and reports, laboratory work, soil investigation, preparation of plans,
specifications and estimates, advertising for bids, awarding contract, as well as project
development contract administration.
2. "Construction Engineering" eligible costs include actual inspection and supervision of
PROJECT construction work, construction staking, laboratory and field testing, preparation and
processing of field reports, and records, estimates, .final reports, and allowable expenses of
employees/consultants engaged in such activities.
3. Unless the parties shall otherwise agree in writing, ADMINISTERING AGENCY's
employees or its subcontractor engineering consultant shall be responsible for all PROJECT
engineering work. When construction engineering is performed by STATE, charges by STATE
invoiced o ADMINISTERING AGENCY shall include an assessment on direct labor costs in
.accordance with Section 875.5.1 of the State Administrative Manual. Any portions of STATE
charges not. contractually absorbed by STATE shall be paid from PROJECT or other funds
admnistered by ADMINISTERING AGENCY.
Page 5 of 9 1/5/00
4. Costs incurred by ADMIlVISTERING AGENCY in the period prior co the effective date
of this AGREEMENT or prior to a later date specified in a PROGRAM SUPPLEMENT or after
termination date for PROJECT described in the PROGRAM SUPPLEMENT or this
AGREEMENT :are not allowable by STATE as reimbursable or matching costs.
ARTICLE JII -RIGHT-OF-WAY
1. .All related rights-of-way necessary for the construction of PROJECT shall be acquired by
ADMIlVISTERING AGENCY, .and no contract for construction of PROJECT or any portion
thereof shall be advertised until those necessary rights-of-way have been secured.
2. The furnishing of rights-of-way as provided for herein includes, and is limited to, the
following, unless the PROGRAM SUPPLEMENT provides otherwise:
(a) expenditures to purchase all real property required for PROJECT free and clear of
liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the
fair market value of any excess property retained and not disposed of by ADMIl~IISTERING
AGENCY.
(b) the payment of damages to real property not actually taken but injuriously
affected by the proposed improvement.
{c) the cost of relocating owners and occupants pursuant to Government Code
Sections 7260-7277.
(d) the cost of demolition and sales of all improvements on the. right-of-way after
credit for sale proceeds.
(e) the cost of all unavoidable utility relocation, protection or removal.
{f) the cost, of .all necessary hazardous material and hazardous waste treatment,
encapsulation or removal and protective storage .for which ADMINISTERING AGENCY is not
responsible and where the actual generator cannot be identified and recovery made.
3. Should .ADMINISTERING AGENCY, in acquiring right-of-way for .PROJECT, "displace
an individual, family, business, farm operation or nonprofit organization, the ADMINISTERING
AGENCY shall provide relocation payments and services as required by California Government
Code Sections 7260-7277.
4. State funds will not participate in any PROJECT costs arising out of delays to
construction or a demolition contractor's orderly prosecution of the PROJECT work because
utilities have not been timely removed or relocated or due to the unavailability of rights-of-way.
5. If any protection, relocation or removal of utilities is required within STATE's
right-of-way, such work shall only be performed in accordance with then current STATE policies
and procedures. ADMIlVISTERING AGENCY shall require any utility company performing.
relocation work in the STATE's right-of-way to obtain a STATE Encroachment Permit prior to
the performance of said relocation work. Any relocated utilities shall be :correctly located and
identified on the PROJECT as-built plans.
Page 6 of 9 1/5/00
ARTICLE IV -MISCELLANEOUS PROVISIONS
1. The cost of security, protection, or maintenance performed by ADMINISTERING
AGENCY or contractor forces during any temporary suspension of the work or at any other time
may .not be charged to the PROJECT.
2. Neither STATE nor any officer or employee thereof shall be responsible for any damage
or liability occurring by reason of anything done or omitted to be done by ADMINISTERING
AGENCY under or in connection with any work, authority, or jurisdiction delegated to
ADMINISTERING .AGENCY under this AGREEMENT. It is also understood and agreed that,
pursuant to Government Code Section 895,4, ADMINISTERING AGENCY shall fully defend,
indemnify .and hold STATE, its .officers and employees harmless from any iability imposed for
injury (as defined be Government. Code Section 810.8) occurring by reason of anything done or
omitted to be done by ADMINISTERING AGENCY under or in connection with any work,
authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT.
3. Neither .ADMINISTERING AGENCY nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reasons of .anything done or omitted to be
done by STATE under or in connection with any work, authority, or jurisdiction delegated to_
STATE under this AGREEMENT. It is also understood and agreed that pursuant to Government
Code Section 895.4, STATE shall fully defend, indemnify and hold ADMIlVIS'TERING
AGENCY harmless from any liability imposed for injury (as defined be Government Code
Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in
connection with any work, authority, or jurisdiction delegated to STATE under this
AGREEMENT.
4. Auditors of state shall be given access to books and records of ADMINISTERING
AGENCY and its consultants, contractors and subcontractors for the purpose of verifying
PROJECT costs and STATE's share to be paid or credited to ADMINISTERING AGENCY for
matching funds. ADMINISTERING AGENCY shall include clauses in .its contracts for
PROJECT obligating consultants, contractors and subcontractors to conform and cooperate in
any audit of their PROJECT costs including providing copies of all requested documents and
financial records..
5. ADMINISTERING AGENCY will .maintain and operate the PROJECT property
acquired, developed, rehabilitated, or restored for its intended public use as proposed in those
documents supplied by ADMINISTERING AGENCY as part of PROJECT funding applications
and as described in this AGREEMENT until such time as the parties might amend this
AGREEMENT to otherwise provide. With the approval of :STATE, ADMINISTERING
AGENCY or its successors. in .interest in the property may transfer this obligation and
responsibility to maintain and operate the PROJECT property to another public entity.
Page 7 of 9 1/5/00
6. Upon ADMINISTERING AGENCY acceptance of the completed PROJECT construe ion
contract or upon the construction contractor being relieved of the responsibility for maintaining
and protecting any portion of the work, the ADMINISTERING AGENCY having jurisdiction
over the PROJECT shall maintain, repair and restore any damaged portions of the completed
work in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90)
days .after .receipt of notice from STATE that a PROJECT, or any portion thereof, under
ADMINISTERING AGENCY'S jurisdiction is not being properly operated, maintained, repaired
or restored and ADMINISTERING AGENCY has not satisfactorily remedied the conditions
complained of, the approval of future projects of ADMINISTERING AGENCY will be withheld
until the PROJECT shall have been put in a condition. satisfactory to STATE. The provisions of
this section shall not apply to a PROJECT which has been vacated,. as preapproved by STATE,
through due process of law.
7. The ADMIlVISTERING AGENCY obligation to maintain, referred to in paragraph 6
above, includes not only the physical condition of the PROJECT but its continued operation as
well. PROJECT shall be maintained by an adequate and well-trained staff of engineers and/or
such other professionals and technicians as the PROJECT requires. Said maintenance staff may
be employees of ADMINISTERING AGENCY, another unit of government, or a contractor
under an agreement with ADMINISTERING AGENCY.. All maintenance will be .performed at
.regular intervals or as required for efficient operation of the complete PROJECT improvements.
8. Without the written consent of STATE, this AGREEMENT is not assignable by
ADMINISTERING AGENCY, either in whole or in part.
9. No .alteration or variation of the terms of this AGREEMENT or the PROGRAM
SUPPLEMENT shall be valid unless made in writing and signed by the parties hereto, and no
oral understanding or agreement not incorporated herein shall be binding on any of the parties
hereto.
10. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or
:any statute enacted by he State Legislature or adopted by the CTC that may .affect the provisions,
terms, or funding of this AGREEMENT in any manner.
11. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder
only for transportation purposes that are in conformance with Article XIX of the California State
Constitution.
ARTICLE V -CONDITION OF ACCEPTANCE
ADMINISTERING AGENCY shall conform to .all State statutes, regulations,. and the
Local Assistance Program Guidelines :and Local Assistance Procedures ,Manual as published by
STATE and incorporated herein, including all subsequent approved revisions thereto, hereafter
collectively referred to as PROCEDURES, applicable to PROJECT, unless :otherwise designated
in the approved PROGRAM .SUPPLEMENT.
Page 8 of 9 1/5/00
This .AGREEMENT and any PROGRAM SUPPLEIVIENT(s) executed .under this
AGREEMENT shall terminate upon sixty {60) days' prior written notice by STATE except Chat
obligations relative to the respective parties indemnification shall not expire and the
ADMINISTERING AGENCY's duties .assumed under Sections 4, 5, b and 7 of Article IV shall
continue for so Iong as PROJECT remains operable.
IN WITNESS WHEREOF, the parties ..have :executed this AGREEMENT by their duly
authorized officers.
STATE OF CALIFORNIA City of Los Gatos
Department of Transportation
ay By
Office of Project Implementation (Authorized Representative)
Division of Local Assistance
Date Date
Page 9 of 9 1i5ioo
PROGRAM SUPPLEMENT NO. 637
to
.ADMINISTERING AGENCY-STATE P.GREEMENT
FOR STATE FUNDED .PROJECTS NO. 000067
Date:October 07, 2002
Location : 04-SCL-O-LGts
Project Number : PSPL-5067(007)
E . A . Number : 04-923959
Locode:5067
This PROGRAM SUPPLEMENT, effective / / , is hereby incorporated into the Administering Agency -State .Agreement
No. 000067 for State Funded Projects entered into between the ADMINISTERING AGENCY and the STATE with an effective
date of / / and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is adopted 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 .payment of funds encumbered to this project, it accepts
and will comply with the Special Covenants and Conditions set forth on the following pages.
PROJECT LOCATION:
Blossom Hill Rd. East of SR 17 overcrossing
TYPE OF WORK: Construct sidewalks and install a radar-
Estimated Cost State Funds Matching Funds
$125,200.00 $0..00 LOCAL
$0.00 Pedestrian
$125,200.00 OTHER
$0.00
TOWN OF LOS GATOS
STATE OF CALIFORNIA
.Department of Transportation
By
Date
Title
By
Chief, Office of Project Implementat
Division of Local Assistance
Date
I hereby certify upon my personal knowledge that
are available for this encumbrance:
Accounting Officer Date IO~R ~~~ $125.,200.00
Chapter Statutes I Year Program BC Category .Fund Source AMOUNT
833 2000 2660-601-250 2000-2001 20.30.010.536 C 262042 250-T
125,200.00
Program Supplement 00-0.067-837- SERIAL Page 1 of 3
04-SCL-O-LGts ~ ' ~- 10/07/2002
PSPL-5067(007)
SPECIAL COVENANTS OR REMARKS
1: The ADMINISTERING AGENCY will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
2. All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature and
the encumbrance of-funds under this Agreement. .Funding and
reimbursement .are available only upon the passage of the State
Budget Act containing these STATE funds.
3. PEDESTRIAN SAFETY .PROGRAM (PSP) SPECIAL COVENANT.: (REIMBURSABLE
COSTS OF $300,000 OR LESS)
A. This Program Supplement Agreement {PSA) is intended for
Pedestrian Safety Program :(PSP) funds only. Separate agreements
are needed if PROJECT is also funded with any other STATE
administered State or Federal funds.
B. The PROJECT will be administered in accordance with the
PSP Guidelines (LPP 01-02 effective February 15, 2001), as
approved and amended, and the PROJECT Application.
C. This PSA allows reimbursement of eligible. PROJECT
expenditures to the ADMINISTERING AGENCY for which PSP funds are
allocated. The effective date of this agreement establishes
eligibility for the .ADMINISTERING AGENCY to start reimbursable
work and seek .reimbursement of funds. Any work ,done prior to the
effective date of this agreement is not eligible for
.reimbursement from the PSP funds..
D. The STATE and ADMINISTERING AGENCY agree that PSP funds
available .for reimbursement to the ADMINISTERING AGENCY by the
STATE will be limited to the amount allocated and encumbered by
STATE. Additional funds made available by future allocations
will be encumbered on this PROJECT by use of a STATE approved
Allocation Letter and Finance Letter..
E. The ADMINISTERING AGENCY agrees to submit to the STATE,
Exhibit B "Project Status Report" of the PSP Guidelines on or
before April 1, 2003 unless a construction contract has been
awarded by that date.
Program Supplement 00-OD67-837- SERIAL Page 2 of 3
04-SCE-J-LGts ~ ( ~' 10/07/2002
PSPL-5067(007)
.SPECIAL COVENANTS OR REMARKS
F. The ADMINISTERING AGENCY agrees to submit to the STATE,
Exhibit C "Post-Construction Project Evaluation Form" as required
by the PSP Guidelines..
G. The ADMINISTERING AGENCY agrees to award the .construction
contract by June 30, 2D03. For projects unable to meet this
deadline, the ADMINISTERING AGENCY may request, in writing, a
time extension from the District Local Assistance Engineer
(DEAF). One time extension, for a maximum period of one year,
may be granted by-the DLAE. Projects unable to meet the new
deadline will be dropped from the program..
H. The ADMINISTERING AGENCY acknowledges that the first
.invoice cannot be submitted to the .STATE until after a
construction contract has been awarded.
I. The ADMINISTERING AGENCY agrees to submit the contract
award .information when submitting its first invoice to the STATE.
Attachment I of thus PSA may be used for providing the necessary
award information. The .invoice could be for lump sum advancement
of the entire project cost.
J. The ADMINISTERING AGENCY agrees to submit the "Report of
Expenditures" to the DLAE within six (6) months after the project
completion in accordance with Section 17.5 of the Local
Assistance Procedures Manual {LAPM). If the "Report. of
.Expenditures" shows that the final costs of the project were less
than the lump-sum advancement, the ADMINISTERING AGENCY agrees to
reimburse the STATE the difference at the same time. the "Report
of Expenditures" is submitted.
K. The ADMINISTERING AGENCY agrees to follow all State laws
and requirements including the California Environmental Quality
Act {CEQA).
Program Supplement 00-0067-837- SERIAL Page 3 of 3