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CC RES 2011-039 RESOLUTION NO. 2011-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. NO10 FOR PARTIAL FEDERAL FUNDING OF THE PALOS VERDES DRIVE SOUTH BIKEWAY SAFETY IMPROVEMENT PROJECT. WHEREAS, before federal funds can be made available for a specific program project, the City of Rancho Palos Verdes ("Administering Agency"), and the State are required to enter into Program Supplement Agreement No. NO10, thereby establishing terms and conditions applicable to the Administering Agency when receiving federal funds for a designated project; and WHEREAS, no invoices for reimbursement of construction costs can be processed until Program Supplement Agreement No. NO10 is fully executed; and WHEREAS, Program Supplement Agreement No. NO10 shall remain in effect until amended or terminated. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. Program Supplement Agreement No. NO10, which is attached hereto and incorporated herein by this reference, is hereby approved. The Mayor is authorized to execute Program Supplement Agreement No. NO10, and the City Clerk is directed to attest thereto. Section 2. The Mayor is hereby authorized to execute this Resolution, and the City Clerk is directed to attest thereto. PASSED, APPROVED and ADOPTED this 21st day • un=, 20 1. Mayor ATTEST: c:? A1 �.. � City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2011-39, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 21, 2011. 44A- T1 ,/' City Clerk 1343656-1 1 • r t' PROGRAM SUPPLEMENT NO. NO10 Date: April 7, 2011 to Location: 07-LA-0-ROPV ADMINISTERING AGENCY-STATE AGREEMENT Project Number: CML-5413(012) FOR FEDERAL-AID PROJECTS NO 07-5413R E.A. Number: 07-933589 i Locode: 5413 • . I i Pr,-,,gram Sup:#plement hereby adopts and incorporates the Administering Agent'-Sta Agreemant for Fc-uorai -Lid which was entered into between the Administering Agency and the State on 08/22/07 and is Subject to all the terms and conditions thereof.This Program Supplement is executed in accordance with Article I of the aforementioned l`'aster Agreement uz ider authority of Resolution No, 2-O I 1-39' approved by the Administering Agcy on 0(0 Z! 2.01) (See copy attached). The Administering Agency further stipulates that as a condition to the p ymer4 by the State of a ly 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: Palos Verdes Dr South: Narcissa Dr./Schooner Dr. TYPE OF WORK: Class II Bike Lanes on both sides of PV Or South . LENGTH: 0.0(MILES) Estimated Cost Federal Funds __.----___._.... Matching Funds ___- -- L40E $56 000.00 LOCAL i :,:.:ETHER ._. , $70,000.00 $14,000.00 0.09 CITY OF RANCHO LOS VERDES STATE OF CALIFORNIA Department of %r po -tion By By � �: ,,� � �� Nis /r. c d hief, O. ice of Probe Implementation Title � Division of Local Assistance 10(1(a I v Date - Date 7/7 f) Attest I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accountin g Officer dAJtL Cd W ,' Date $56,000.00 • Chapter Statutes Item Year Program BC Category Fund Source AMOUNT Program Supplement 07-5413R-N010-ISTEA Page 1 of 3 r STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF(REV.01/2010) Page of TO: STATE CONTROLLER'S OFFICE DATE PREPARED: PROJECT NUMBER:. Claims Audits 4/1112011 0700021089 3301 "C"Street,Rm 404 IREQUF,TION NUMBER/CONTRACT NUMBER: Sacramento,CA 95816 1RQS 070000001381 FROM: Department of Transportation. . Encumbrance Document _ VENDOR! LOCAL AGENCY:; CITY OF RANCHO PALOS VERDES . . .....: ..... CONTRACT AMOUNT: 56,000.0$ 0•• PROCUREMENT TYPE: Local Assistance CHAPTER STATUTES ITEM YEAR PEC/PECT TASK raTE-1•AS�C AMOUNT 712 2010 2660-102-890 2011 20.30.010.820 2620/0400 $56,000.00 ISM ..,, _ . • • • imiiiimrin. S = ....___,..._, ADA Nob(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. C( I L-5413(012) ra 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 w ith 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 :we 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 author izations/obligations for Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice ay ments for any on-going oin or future project by ADMINISTERING AGENCY if . . p Y g g 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 9 p activity g 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 Administerin g Agency A shall not discriminate on the basis of race, religion, age, Y 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 Administerin g Agency's ency'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 . A reement Upon notification to the Administering Agency of its failure to carry out its 9 p 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.). 5. As a condition for receiving federal-aid highway funds for the PROJECT, the Program Supplement 07-5413R-N010- ISTEA Page 2 of 3 CML-5413(012) SPECIAL COVENANTS OR REMARKS 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). 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 k°T Rhin the Slate Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section , 6304, all project funds p p � )t liquidated within these periods will revert unless an executed Cooperative Work Agreement extending� these dates is requested by the ADMINISTERING AGENCY and 0 0 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 licable funds. Pursuant to a directive from the State Controller's p P Office and the Department of Finance; in order for payment to be made, the last date the Disc 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 g g year. Notwithstanding the unliquidated sums of project specific State and Federal funding remnaiiing 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. 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. y.Please refer to Section 15.7 "Award Package" of the Local- Assistance Procedures Manual, Program Supplement 07-5413R-N010-1STEA Page 3 of 3 DEPARTMENT OF TRANSPORTATION FINANCE LETTER Date: 07/18/2011 DIVISION OF ACCOUNTING Agency: 07-LA-0-ROPV T LOCAL PROGRAM ACCOUNTING BRANCH Project No: CML-5413(012) EA No: 07-933589 Attention: City of Rancho Palos Verdes FINANCE ITEMS TOTAL COST OF FEDERAL PART. FED.REIMB% FEDERAL LOCAL WORK COST L40E Agency Preliminary Engineering $70,000.00 $70,000.00 80.00% $56,000.00 $14,000.00 Totals: $70,000.00 $70,000.00 0.00% $56,000.00 $14,000.00 Fed.Partic: 100.00% This Finance Letter was created based on specific financial information provided by the responsible local agency.The following encumbrance history is pre ared Local Assistance Accounting Office and is provided here for local agency's information and action. Signature: G For questions regarding finance letter,contact: Title: HQ Sr.Area Engineer Printed Name: Nahed Abdin Telephone No: (916)653-7928 Remarks: This FL is based on the City's FL dated 02/15/2011. ACCOUNTING INFORMATION _ CML-5413(012) Adv.Proj.ID Approp.Unit State Prog. Fed/State Encumbrance Amount Approp Year Expenditure Amount Ecumbrance Balance Reversion Date 0700021089 11102F 2030010820 F $56,000.00 1011 $0.00 $56,000.00 06/30/16 Page 1 of 1