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RPVCCA_CC_SR_2014_12_16_D_Fed_Reimbursement_Miraleste_Arterial_Roads_RehabCITY OF RJ\NCHO PALOS VERD ES MEMORANDUM TO: FROM: DATE: SUBJECT: REVIEWED: Project Manager: HONORABLE MAYOR & CITY COUNCIL MEMBERS MICHAEL THRONE, DIRECTOR OF PUBLIC WORKS ao DECEMBER 16, 2014 AUTHORIZE PROGRAM SUPPLEMENT AGREEMENT AND RESOLUTION TO RECEIVE FEDERAL REIMBURSEMENT FOR THE MIRALESTE DRIVE ARTERIAL ROADS REHABILITATION PROJECT CAROLYNN PETRU, ACTING CITY MANAGER k C):> Nicole Jules, Deputy Director of Public Works "0'"' RECOMMENDATIONS: 1) Approve the Program Supplement Agreement No. N016 for the Miraleste Drive Arterial Roads Rehabilitation 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. N016 FOR FEDERAL FUNDING OF THE MIRALESTE DRIVE ARTERIAL ROADS REHABILITATION PROJECT. BACKGROUND The Capital Improvement Program includes a project to construct roadway resurfacing, pavement repair, asphalt sidewalk repair and replacement along Miraleste Drive between Palos Verdes Drive East and the City's limit south of First Street. The total project cost of $2,570,000 is funded by a combination of restricted funds including Measure R, Proposition A, Proposition C, CIP reserve funds and Federal Surface Transportation Local (STPL) funds. Funding sources for the project is outlined in Table 1: D-1 CIP Fund Balance Measure R STPL Proposition C Proposition A Total Revenue Table 1 Project Funding Sources $1,045,800 $1,000,000 $ 241,200 $ 235,000 $ 48,000 (for bus pads) $2,570,000 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. N016 for $241,200 which is for the STPL funding portion for the project. The City will initiate the project by soliciting qualified consultants to commence the design efforts. Approval of the agreement and adoption of a resolution is necessary to obtain reimbursement for use of STPL funds on the project. Upon execution by the City and Caltrans, the City can begin to invoice Caltrans for federc:~I funding reimbursements in the amount of $241,200. 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. N016. CONCLUSION Adopting staff's recommendation will set forth the conditions for federal funding reimbursement for the Miraleste Drive Arterial Roads Rehabilitation project. Attachments: Project Location Map Resolution No. 2014- D-2 Miraleste Drive Arterial Roads Resurfacing Project Location Map ~ Project Limits Miraleste Drive from PVDE to City Limits south of 1st Street D - 3 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. N016 FOR FEDERAL FUNDING OF THE MIRALESTE DRIVE ARTERIAL ROADS REHABILITATION PROJECT WHEREAS, the Surface Transportation Program provides flexible federal funds to local agencies to for construction, rehabilitation, resurfacing or operational improvements on public roads; and WHEREAS, the California Department of Transportation oversees the program and authorizes the encumbrance and disbursement of Federal-Aid funds; and WHEREAS, before 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 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. N016, which is attached hereto as Exhibit "A" and incorporated herein by this reference, regarding Project Number STPL-5413(016). The City Council authorizes the Mayor to execute Program Supplement Agreement No. N016 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 D-4 PASSED, APPROVED and ADOPTED this 15th day of December, 2014. 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. 2014-_, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on December 16, 2014. City Clerk 1343656-1 D-5 PROGRAM SUPPLEMENT NO. N016 to ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO 07-5413R Exhibit "A" Adv Project ID Date: July 8, 2014 0714000268 Location: 07-LA-O-ROPV Project Number: STPL-5413(016) 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 08122107 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. • nn•·~•••••O••-•••••·---•-•••-••••• ______ ,,_, _ _,_,_,,,,,,_, PROJECT LOCATION: Miraleste Drive from Palos Verdes Drive East to 235 feet south of 1st Street ·-----~·""··--··-····-·•-''"''~'~"-~'- TYPE OF WORK: Roadway resurfacing, pavement repair and replacement, asphalt sidewalk repai and replacement. LENGTH: O.O(MILES) _Es_t_-~~~~~~?_·5·_c:~· ::.£.ederaiFunds ~.·.·······~···············~······l· =~~~ L230 $241,200.00 LOCAL $241,200.00 $0.0 CITY OF RANCHO PALOS VERDES By Title Attest . _____ , ................... -...... . I ............ =~~!£~~ng Funcrs_-··············· 1 OTHER ST ATE OF CALIFORNIA Department of Transportation By-..... . .... __ _ $0.00 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 Date __ J.{f /l!f. $241,200 .. 00 AMOUNT ...... _ .... _.-.. -'---.. --... -.................. c.-.... ···--·-· .. ··-"'""""'""""" .................. ....1.---···· ............... _..c .. _ ... _ ............ -'--···· .................................... -.-L--........... __ ,~ .... : ......................................... __ ..................... . Program Supplement 07-5413R-N016-ISTEA Page 1 of 3 D-6 Exhibit "A" STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 0112010) TO STATE CONTROLLER'S OFFICE Clains Audits FROM: 3301 "C" Street, Rm 404 Sacramento, CA 95816 Department of Transportation SUBJECT: Encumbrance Document VENDOR I LOCAL AGENCY: CITY OF RANCHO PALOS VERDES CONTRACT AMOUNT: 1809553 Local Assistance CHAPTER STATUTES ITEM 20 2013 2660-102-0890 YEAR 2013-2014 Page_or_ DATE PREPARED PROJECT NUMBER: 718/2014 0714000268 REQUISITION NUMBER I CONTRACT NUMBER RQS-2660-071500000020 PEC I PECT TASK I SUBTASK 2030010810 2620/0400 $241,200.00 AMOUNT 241,200.00 ADA Noti/or individuals with sensory disab1iiltes, this document 1s available In alternate formats For information. cal! (915) 654·6410 ofTDD (916) -3880 orwnte Records and Forms Management, 1120 N Street, MS·89, Sacramento, CA 95814 I D-7 07 ·LA·O-ROPV STPL-5413(016) Exhibit "A" SPECIAL COVENANTS OR REMARKS 07/08/2014 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. ST ATE 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. Any State and Federal funds that may have been encumbered for this project are Program Supplement 07-5413R·N016· ISTEA Page 2 of3 D-8 07-LA-O-ROPV STPL-5413(016) Exhibit "A" SPECIAL COVENANTS OR REMARKS 07/08/2014 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. 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. As a condition for rece1v1ng 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 Exclusion List. Exclusions can be found at www.sam.gov. Program Supplement 07-5413R-N016-ISTEA Page 3 of 3 D-9