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RPVCCA_CC_SR_2014_04_15_F_Agreement_Reso_Federal_Reimbursement_PVDECrrYOF MEMORANDUM TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: MICHAEL THRONE, DIRECTOR OF PUBLIC WORKS UD DATE: APRIL 15, 2014 SUBJECT: AUTHORIZE PROGRAM SUPPLEMENT AGREEMENT AND RESOLUTION TO RECEIVE FEDERAL REIMBURSEMENT FOR THE PALOS VERDES DRIVE EAST BRONCO DRIVE TO HEADLAND DRIVE SAFETY PROJECT -(SUPPORTS 2014 CITY COUNCIL GOAL #1, PUBLIC SAFETY AND TRAFFIC CONTROL - PALOS VERDES DRIVE EAST SAFETY) REVIEWED: CAROLYNN PETRU, ACTING CITY MANAGER~ Project Manager: Nicole Jules, Deputy Director of Public Works -y\ CQ RECOMMENDATIONS 1) Approve the Program Supplement Agreement No. N015 for the Palos Verdes Drive East Bronco Drive to Headland Drive Safety Project. 2) ADOPT RESOLUTION NO. 2014-__ , A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. N015 FOR FEDERAL FUNDING OF THE PALOS VERDES DRIVE EAST BRONCO DRIVE TO HEADLAND DRIVE SAFETY PROJECT. BACKGROUND The Capital Improvement Program includes a project to construct safety improvements along Palos Verdes Drive East between Bronco Drive and Headland Drive. The total project cost of $542,000 is primarily funded (90%) by Federal Highway Safety Improvement funds and partially funded with a 10% local match. The project will include rumble strips, a median barrier, guardrails and high visibility warning devices. Funding for the project is allocated in phases. Table 1 outlines the funding phases and corresponding amounts: F-1 Table 1 $37,530 Construction $450,070 $500,300 $487,600 $542,000 In order for the City to be eligible to invoice for reimbursement of federal funds, the City must execute a supplemental program agreement with Caltrans per the State Transportation Program Local (STPL) guidelines. Attached to this staff report, for City Council's consideration, is the Program Supplement Agreement No. N015 for $37,530 which is 90% of the design cost for the project. The City will initiate the project by soliciting qualified consultants to commence the design efforts. Approval of the agreement and adoption 0f a resolution is necessary to obtain reimbursement for costs associated with the project. Upon execution by the City and Caltrans, the City can begin to invoice Caltrans for federal funding reimbursements in the amount of $37,530. Resolution No. 2014-_ is the formal authorization by the City required for executing the Program Supplement Agreement. The recommended action authorizes the Mayor and City Clerk to execute Supplemental Agreement No. N015. CONCLUSION Adopting staff's recommendation will set forth the conditions for federal funding reimbursement for the Palos Verdes Drive East Bronco to Headland Safety project. Attachments: Project Location Map Program Supplement Agreement No. N015 Resolution No. 2014- F-2 Attachment A: Project Vicinity/Location Map THE CITY OF RANCHO PALOS VERDES N ·$ Palos Verdes Drive East Bronco to Headland Drive Safety Improvement Project F - 3 PROGRAM SUPPLEMENT NO. N015 to ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO 07-5413R Adv Project ID Date: November 14, 2013 0713000473 Location: 07-LA-O-ROPV Project Number: HSIPL-5413(015) E.A. Number: 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 08/22107 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. approved by the Administering Agency on {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 Bronco Drive to Headland Drive TYPE OF WORK: Install Median Barriers, Delineators, Replace Signs LENGTH: O.O(MILES) Estimated Cost Federal Funds Matching Funds MS30 $37,530.00 LOCAL OTHER $41,700.00 $4,170.0C $0.0 0 CITY OF RANCHO PALOS VERDES By Title Date Attest STATE OF CALIFORNIA Department of Transportation By----- Chief, Office of Project Implementation Division of Local Assistance Date------- I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Office~/-==} Date ~/13 $37.530.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT - --- Program Supplement 07-5413R-N015-ISTEA Page 1of3 F-4 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 01/2010) TO: STATE CONTROLLER'S OFFICE Claims Audits 3301 "C" Street, Rm 404 Sacramento, CA 95816 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR I LOCAL AGENCY: CITY OF RANCHO PALOS VERDES $37,500.00 PROCUREMENT TYPE: Local Assistance CHAPTER STATUTES ITEM 21 2012 2660-102-0890 ADANotlc YEAR 2012-2013 Page_1_of_1_ DATE PREPARED: PROJECT NUMBER: 11/14/2013 0713000473 REQUISITION NUMBER I CONTRACT NUMBER: RQS-2660-071400000542-1 PEC/PECT TASK/SUBTASK AMOUNT 20.30.010.550 2620/0420 $37,500.00 TOTAL 37,500.00 For lncfrviduals with sensory disabifilias, this document Is available in a Ile mate formats. For information, call (915) 654-6410 of TDD (916) -3880 or write Records and Fonns Management, 1120 N. Street, M~9. Sacramento. CA 95814. F-5 07-LA-O-ROPV HSIPL-5413(015) SPECIAL COVENANTS OR REMARKS 1111412013 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 STA TE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Ass1stance 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-N015-ISTEA Page 2 of3 F-6 07-LA-O-ROPV HSIPL-5413(015) SPECIAL COVENANTS OR REMARKS 11/14/2013 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 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. 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. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. Program Supplement 07-5413R-N015-ISTEA Page 3 of 3 F-7 RESOLUTION NO. 2014·_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. N015 FOR FEDERAL FUNDING OF THE PALOS VERDES DRIVE EAST BRONCO TO HEADLAND SAFETY 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. N015, which is attached hereto and incorporated herein by this reference, regarding Project Number HSIPL-5413(015). The City Council authorizes the Mayor to execute Program Supplement Agreement No. N015 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 F-8 PASSED, APPROVED and ADOPTED this 15th day of April, 2014. JERRY DUHOVIC, Mayor ATTEST: CARLA MORREALE, 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. 2014-_, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on April 15, 2014. City Clerk 1343656-1 F-9