CC RES 2009-062 RESOLUTION NO. 2009-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
APPROVING ADMINISTERING AGENCY-FEDERAL PROGRAM SUPPLEMENT
AGREEMENT NO. 009-N FOR FUNDING OF THE STREET IMPROVEMENTS ON
HAWTHORNE BOULEVARD, PALOS VERDES DRIVE WEST AND PALOS VERDES
DRIVE SOUTH RESURFACING PROJECT.
WHEREAS, before Federal Funds can be made available for a specific
program project, the Administering Agency and the State are required to enter into
Supplement Agreement No 009-N thereby establishing terms and conditions applicable to
the Administering Agency when receiving Federal Funds for a designated project;
WHEREAS, no invoices for reimbursement of construction costs can be
processed until Program Supplement Agreement No. 009-N is fully executed; and
WHEREAS, Program Supplement Agreement No. 009-N shall remain in
effect until amended or terminated.
NOW, THEREFORE, the City Council of the City of Rancho Palos Verdes
does resolve as follows:
Section 2. Program Supplement Agreement No. 009-N is hereby approved and the
Mayor and City Clerk are directed to sign on behalf of the City.
Section 3. The Mayor is hereby authorized to affix his signature to this resolution
signifying to its adoption by the City Council of the City of Rancho Palos Verdes, and the
City Clerk, or his duly appointed deputy, is directed to attest hereto.
PASSED, APPROVED, AND ADOPTED this 18th day of August 2009.
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Mayor
Attest:
(ida-C4,04//1-(1-&-
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. 2009-62 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on August 18, 2009.
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City Clerk
PROGRAM SUPPLEMENT NO. N0 0 9 Date: June 17, 2009
to Location: 07- LA- 0 -ROPV
ADMINISTERING AGENCY-STATE AGREEMENT Project Number: ESPL -5413 (010)
FOR FEDERAL-AID PROJECTS NO. 07-5413R E . A . Number: 07- 933362
This Program Supplement hereby incorporates the Administering Agency -State .Agreement for Federal Aid 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 Master Agreement under authority of Resolution No.
2 60 � — tp 2 , approved by the Administering Agency on 01? / �� 2 (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by 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 setforth
on the following pages.
PROJECT LOCATION:
Arterial St : Hawthorne B1vd,PV DR West, PV Dr. South
TYPE OF WORK: Asphalt Concrete Overlay
LENGTH: 0 (MILES )
Estimated Cost
Federal Funds
Matching Funds
$3,0805000.00
C200 $1,2623000.00
LOCAL
$11818,000.00
$0.00
OTHER
$0.00
CITY OF RANCHO PALOS VERDES
By
Date
Attest
Title
STATE OF CALIFORNIA -
Department o T sp tation
Aftdafl ca, By
Ana Z'ot T'`'
Chief , Office of Project Implementation
Division of Local Assistance
Date 7/" 1/4�
7
I hereby certify upon my personal knowledge that bud eted funds are available for this encumbrance:
g
Accountin Officer Date L $1,262,000.00
Z/
Chapter Statutes Item Year T Program BC Category Fund Source AMOUNT
268 2008 2660- 603 -890 2008 -2009 20.30.010.810 F 262040 898 -F 151262,000.00
Program Supplement 07- 5413R -N009- ISTEA Page 1 of 5
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07- LA- 0 -ROPV
06/ 17/2009
ESPL -5413 (010)
k
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. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer within 60 days after
the project contract award. A copy of the award package shall
also be included with the submittal of the ADMINISTERING AGENCY's
first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS #33
P. O. Box 942874
Sacramento, CA 94274 -0001.
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.
3. 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).
4. Any State and Federal funds that may have been encumbered for
this project are only available for disbursement for a period of
five ( 6 ) years and seven (7 ) years, respectively, from the start
of the fiscal year(s) that those funds were appropriated within
the State Budget Act. All project funds not liquidated within
these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested and is approved by
the California Department of Finance per Government Code Section
16304. The exact date of each fund reversion will be reflected
in the approved finance letter(s) issued for this project.
Notwithstanding the unliquidated sums of pro7ect specific State
and Federal funding remaining and available to fund project work,
any invoice for reimbursement that is not submitted to the
Department on or before 60 days after that applicable fixed fund
Program Supplement 07- 5413R -N009- ISTEA Page 2 of 5
07- LA- 0 -ROPV 06/17/2009
ESPL -5413 (010
SPECIAL COVENANTS OR REMARKS
reversion date will not .be paid from that fiscal year's ,
encumbered funds because all of these unexpended funds will be
irrevocably reverted by the Department's Division of Accounting
on'that date.
Pursuant-to a directive from the State Controller's Office and
the Department of Finance, the last date to submit invoices for
reimbursed work in each fiscal year is May 15th in order for
payment to be made out of those then current appropriations.
Project work performed and invoiced after May 15th will be
reimbursed only out of available funding that might be encumbered
in the subsequent fiscal year, and then only when those funds are
actually allocated and encumbered as authorized by the California
Transportation Commission and the Department's Accounting Office.
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, and invoice payments for any
on -going or future federal -aid 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.
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
Program Supplement 07- 5413R -N009- ISTEA Page 3 of 5
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ESPL- 5413(01£0)
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SPECIAL COVENANTS OR REMARKS
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 Administrating 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 2 6 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. This project is financed, in whole or in part, with federal funds
from the American Recovery and Reinvestment Act of 2009 (Recovery
Act). ADMINISTERING AGENCY agrees:
1) Statutory provisions contained in Chapter 1 of Title 23
United States Code (U.S.C.) are applicable to all Recovery Act
funded projects,
2 ) Costs incurred prior to the date of authorization are NOT
eligible for reimbursement with federal Recovery Act funds,
3) Federal Prevailing Wage Rate requirements apply to all
Recovery Act funded construction projects regardless of location
(including projects on local roads and rural minor collectors,
and Transportation Enhancement projects outside the highway right
of way). ADMINISTERING AGENCY agrees to include the appropriate
wage rate information in the contract and also include a contract
provision that overrides the general applicability provisions in
form FHWA -1273, Sections IV and V,
4) To expend and invoice for all Recovery Act funds prior to
Program Supplement 07- 5413R -N009- ISTEA Page 4 of 5
07- LA�'0 -ROPV
ESPL - 5413(801.0)
SPECIAL COVENANTS OR REMARKS
using other funds, and
06/17/2009
5) To comply with the reporting requirements, terms and
conditions set forth in Sections 1201 and 1512 of the Recovery
Act and as designated by the STATE. Failure to comply will
result in retentions from progress payments due ADMINISTERING
AGENCY and /or other sanctions,
6) Recovery Act funds are available for liquidation only. until
September 30, 2015 when the remaining balance of Recovery Act
funds will expire. ADMINISTERING AGENCY agrees to submit an
invoice for the balance of project Recovery Act funds (if any) to
the STATE prior to July .1, 2015.
Program Supplement 07- 5413R -N009- ISTEA Page 5 of 5
DEPARTMENT OF TRANSPORTATION
DIVISION OF ACCOUNTING
LOCAL PROGRAM ACCOUNTING BRANCH
Attention: City of Rancho Palos Verdes
Fed. Partic:
FINANCE LETTER
Date: 01/05/2010
A enc : 07- LA- 0 -ROPV
Project No: ESPL- 5413(010)
EA No: 07- 933362
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 l For questions regarding finance letter, contact:
Title: HQ Sr. Area Engineer Printed Name: Nahed Abdin
Telephone No: 916- 653 -7928
Remarks: This is an ARRA Project. This FL is based on the City's FL dated 08/10/2009.
ACCOUNTING INFORMATION. ESPL- 5413(010)
Fund Program Fed /,State Encumbrance Amount Approp Year Expenditure Amount Reversion Date
09RB ARRA RSTP FLEX I F 1 $1,262,000.00 2008 $0.00 06/30/15
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