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CC RES 2013-026RESOLUTION NO, 2013 -26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. N014 FOR FEDERAL FUNDING OF THE PALOS VERDES DRIVE EAST GUARDRAIL REPAIR PROJECT. WHEREAS, the Highway Safety Improvement program provides grant funds to eligible agencies to improve and enhance the safety of highway facilities and traffic control devices that will improve traffic flow and safety for roadway users; and WHEREAS, the California Department of Transportation oversees the grant program and authorizes the encumbrance and disbursement of Federal -Aid funds; and WHEREAS, before grant funds can be made available, the City of Rancho Palos Verdes ( "Administering Agency" or "City ") and the California Department of Transportation are required to enter into a program supplement agreement, thereby establishing terms and conditions applicable to the City when receiving grant funds for the designated project; and WHEREAS, no invoices for reimbursement of costs can be processed until a program supplement agreement is fully executed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. The City Council hereby approves Program Supplement Agreement No. N014, which is attached hereto and incorporated herein by this reference, regarding Project Number HSIPL- 5413(011). The City Council authorizes the Mayor to execute Program Supplement Agreement No. N014 and directs the City Clerk to attest thereto. Section 2. The City Council hereby authorizes the Mayor to execute this Resolution and directs the City Clerk to attest thereto. Section 3. The City Council hereby appoints and authorizes the Public Works Director, and his or her designee, as the agent for the City to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, and payment requests which may be necessary for the completion of the aforementioned projects. 1343656 -1 Resolution No. 2013 -26 Page 1 of 2 PASSED, APPROVED and ADOPTED this 21 st day of May, 2013. r Mayor ATTEST: 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. 2013 -26, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on May 21, 2013. City Clerk 1343656 -1 Resolution No. 2013 -26 Page 2 of 2 • ' t STATE OF CALIFORNIA-CALIFORNIA STS RANSPORTATION AGENCY EDMUND G.BROWN Jr.,Governor DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET '~ b P.O. BOX 942874, MS#1 RECEIVED `:#,„ Sacramento, CA 94274-0001 TTY 711 City of Rancho Palos Verdes (916)654-3151 Fax(916)653-7621 JUL 2 5 2013 File : 07-LA-0-ROPV HSIPL-5413(011) July 22, 2013 PALOS VERDES DR EAST FROM PUBLIC WORKS DEPARTMENT' PALOS VERDES DR S TO NORTH CITY LIMIT Mr. Ray Holland Interim Public Works Director City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Attn: Ms. Nicole Jules Dear Mr. Holland: Enclosed is your fully executed copy of Program Supplement Agreement No. 014-N to Administering Agency-State Agreement No. 07-5413R 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, /euzzi AI-deo JOHN HOOLE, Chief Office of Project Implementation - South Division of Local Assistance Enclosure c: DLA AE Project Files (07) DLAE- David Sosa PROGRAM SUPPLEMENT NO. N014 Adv Project ID Date: December 10, 2012 to 0700021074 Location: 07-LA-0-ROPV ADMINISTERING AGENCY-STATE AGREEMENT Project Number: HSIPL-5413(011) FOR FEDERAL-AID PROJECTS NO 07-5413R E.A. Number: 07-933582 Locode: 5413 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 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.2-613— 2 6approved by the Administering Agency on o 5/Z/l 2-0/3 (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: PALOS VERDES DR EAST FROM PALOS VERDES DR S TO NORTH CITY LIMIT TYPE OF WORK: GUARDRAIL REPLACEMENT ON PALOS VERDES DR EAST LENGTH: 0.0(MILES) Estimated Cost Federal Funds Matching Funds LS3R $252,450.00 LOCAL OTHER $280,500.00 $28,050.0 $0.00 CITY OF RANCHO PALOS VERDES STATE OF CALIFORNIA Department of Tr p do By �;�"r' r By Chief, Offic of Project I pl mentation Tine �- Division of Local Assistance J 'Date /2.8(Attest I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: • Date a. !Z • 12-- Accounting Officer $252.450.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT Program Supplement 07-5413R-N014-ISTEA Page 1 of 3 STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF(REV.01/2010) Page_1_of_1_ TO: STATE CONTROLLER'S OFFICE DATE PREPARED: PROJECT NUMBER: Claims Audits 12/11/2012 0700021074 3301"C"Street,Rm 404 REQUISITION NUMBER/CONTRACT NUMBER: Sacramento,CA 95816 RQS-2660-071300000585-1 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR/ LOCAL AGENCY: CITY OF RANCHO PALOS VERDES CONTRACT AMOUNT: $252,450.00 PROCUREMENT TYPE: Local Assistance CHAPTER STATUTES ITEM YEAR PEC/PECT TASK/SUBTASK AMOUNT 21 2012 2660-102-089 2012-2013 20.30.010.550 2620/0420 $252,450.00 TOTAL 252,450.00 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. VC21790#1 07-LA-0-ROPV 12/10/2012 HSIPLL5413(011) 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.C. 3801 et seq.). 5. As a condition for receiving federal-aid highway funds for the PROJECT, the Program Supplement 07-5413R-N014-ISTEA Page 2 of 3 07-LA-0-ROPV 12/10/2012 HSIPL-5413(011) 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. 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. 7. 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. Program Supplement 07-5413R-N014-ISTEA Page 3 of 3 DEPARTMENT OF TRANSPORTATION FINANCE LETTER Date: 07/16/2013 DIVISION OF ACCOUNTING Agency: 07-LA-0-ROPV LOCAL PROGRAM ACCOUNTING BRANCH Project No: HSIPL-5413(011) EA No: 07-933582 Attention: City of Rancho Palos Verdes FINANCE ITEMS PRO RATA OR TOTAL COST FEDERAL PART. FED.REIMB% FEDERAL LOCAL LUMP SUM OF WORK COST LS3R Contract Items: $251,250 Contingencies: $24,250 Total: $275,500 Construction $275,500.00 $275,500.00 90.00% $247,950.00 $27,550.00 Fed.Partic: Agency Construction $5,000.00 $5,000.00 90.00% $4,500.00 $500.00 Engineering Totals: $280,500.00 $280,500.00 0.00% $252,450.00 $28,050.00 100.00% This Finance Letter was created based on specific financial information provided by the responsible local agency.The following encumbrance history is pre red b Local Assistance Accounting Office and is provided here for local agency's information and action. Signature: , • For questions regarding finance letter,contact: 4 :170 Title: HQ Sr.Area Engineer Printed Name: Nahed Abdin Telephone No: 916-653-7928 Remarks: This FL based on the City's FL dated 7/30/2012.NAA ACCOUNTING INFORMATION _ HSIPL-5413(011) Adv.Proj.ID Approp.Unit State Prog. Fed/State Encumbrance Amount Approp Year Expenditure Amount Encumbrance Balance Reversion Date 0700021074 13102F 2030010550 F $252,450.00 1213 $0.00 $252,450.00 06/30/18 Page 1 of 1