RPVCCA_SR_2011_06_21_M_PVDS_Bikeway_Safety_Improvements_Agreement_SupplementCrrvOF
MEMORANDUM
TO:HONORABLE MAYOR &CITY COUNCIL MEMBER~1Jv~~
FROM:RAY HOLLAND,DIRECTOR OF PUBLIC WORK.~.~.
DATE:JUNE 21,2011 ()
SUBJECT:PROGRAM SUPPLEMENT AGREEMENT NO.N010
FOR PALOS VERDES DRIVE SOUTH BIKEWAY
SAFETY IMPROVEMENTS
REVIEWED:CAROLYN LEHR,CITY MANAGER ~.
Project Manager:Nicole Jules,Senior Engineer ""n «)
RECOMMENDATIONS
1)Approve the Program Supplement Agreement No.N010 for the Palos Verdes Drive
South Bikeway Safety Improvement project.
2)ADOPT RESOLUTION NO.2011-__, A RESOLUTION OF THE CITY COUNCIL
FOR THE CITY OF RANCHO PALOS VERDES APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO.N010 FOR PARTIAL FEDERAL FUNDING OF THE
PALOS VERDES DRIVE SOUTH BIKEWAY SAFETY IMPROVEMENT PROJECT.
BACKGROUND
The Capital Improvement Program includes a project to design and construct a class II
bikelane on both sides of Palos Verdes Drive South from Narcissa Drive to Schooner
Drive.The total project costs are estimated at $788,000.The proposed funding plan
includes $630,000 federal grants funds and $158,000 local match funds by the City for
a total project funding amount of $788,000.The project will be implemented in two
phases;the design phase and the construction phase.The funding plan for each phase
of the project is detailed in Table 1:
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Table 1
Palos Verdes Drive South Bikeway Safety Project
Program Funding
Design
Construction
Total
$56,000
$574,000
$630,000
$14,000
$144,000
$158,000
$70,000
$718,000
$788,000
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.N010 for the design
phase of the project.The City will initiate the design phase subject to the program
supplement agreement being executed.Approval of the agreement and adoption of a
resolution is necessary to obtain reimbursement for costs associated with the project
design activities.
Upon execution by the City and Caltrans,the City can begin to invoice Caltrans for federal
funding reimbursements in the amount of $56,000 towards the cost of design services for
the project.Resolution No.2011-_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.N010.
CONCLUSION
Adopting staff's recommendation will set forth the conditions for federal funding
reimbursement for the Palos Verdes Drive South Bikeway Safety Improvement Project.
Attachments:
Program Supplement No.N010
Resolution No.2011-.
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·.PROGRAM SUPPLEMENT NO.N010
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO 07-5413R
Date:April 7,2011
Location:07-LA-O-ROPV
Project Number:CML-541::l(012)
E.A.Number:07-933589
Locode:fl413
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This Program Supplement hereby adopts and inmrporates thp.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 ,A.rtide I of the aforementioned Master
Agreement under authority of Resolutiun 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 South:Narcissa Dr.lSchooner Dr.
TYPE OF WORK:Class II Bike Lanes on both sides of PV Dr South.LENGTH:O.O(MILES)
OTHERLOCAL
---:-----;--:;:----:---,----------------------------------------------------------------Es~_im_a_te_d_C_o_s_t +__--Federal Funds__--+~a~.!ling ~u~~_
L40E $56,000.00
$70,000.00 $14,000.0 $0.00
---------------------------------------------
CITY OF RANCHO PALOS VERDES STATE OF CALIFORNIA
Department of Transportation
By
Title
By _
Chief,Office of Project Implementation
Division of Local Assistance
Date
Date ------------
Attest
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer d1JJt0 d:J ()(\.(L-Date Lf /IJ II )$56.000.00
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
Program Supplement 07 -5413R-N01 0-ISTEA M-3
DATE PREPARED:
STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION
PROG~M SUFJPLMENT 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
SUBJEC;::-···-'·
Encumbrance Document
VENDOR 1 LOCAL AGENCY:
Page_of_
PROJECT NUMBER:
_________4_1_11/f011 0700021089
REQUI;,.JTION NUMBER 1CONTRACT NUM8E'=R-:-'-------.;....,;:,-
RQS 070000001381 ----_._-_..
CONTRACT AMOUNT:
$56,000.00
PROCUREMENT TYPE:
Local Assistance
CITY OF RANCHO PALOS VERDES
-CHAPT'E'R STATUTES ITEM YEAR PEC I PECT TASKISUBTASK I AMOUNT--_.
712 2010 2660-1 02 -890 2011 20.30.010.820 2620/0400 $56,000.00
---_.----_..--.-
_...---._---...----..,..~.._-_.
-.•-_._---f-:--._---_..-........~.._-
,.-......._-,.._--
---...__~.w __
-----_._._-_.
-.-,,-_..
'--_.'._.
ADA Nfl For individuals with sensory disabilities,this document is available in alternate formats.For information,call (915)654-6410 of TDD (916)-3880 or write
o I Records and Forms Management,1120 N.Street,MS-89,Sacramento,CA 95814.
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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 encumberantes for State funded projects,as well as to suspend
invoice payments for anyon-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,ADMIN!STERING 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-N01 0-ISTEA M-5
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
within the State Budget Act to the applicable fund Reversion Date shown on the State
approved project finance letter.Per Government Code Section '/6304,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.
ADMIt-,JlSTER'INGAGENCY 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-N010-ISTEA M-6
RESOLUTION NO.2011-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO.N010 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.N010,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.N010 is fully executed;and
WHEREAS,Program Supplement Agreement No.N010 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.N010,which is attached
hereto and incorporated herein by this reference,is hereby approved.The Mayor is
authorized to execute Program Supplement Agreement No.N010,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 21 st day of June,2011.
THOMAS LONG,Mayor
ATTEST:
CARLA MORREALE,City Clerk
1343656-1
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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-__,was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on June 21,2011.
City Clerk
1343656-1
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