The URL can be used to link to this page

Home My WebLink AboutResolution No. 10-7212 - Appr Prog. Supp. #028N to State Mstr. Agmt.07-5334R, Pedestrian CountdownRESOLUTION NO. 10-7212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. 028-N TO CITY OF DOWNEY - STATE MASTER AGREEMENT NO. 07-5334R FOR THE PEDESTRIAN COUNTDOWN HEAD PROJECT (CASH CONTRACT NO. S.S. 610). WHEREAS, the City Council of the City of Downey has adopted Resolution No. 07-6960 approving City of Downey - State Master Agreement No. 07-5334R, which covers highway projects receiving federal aid within the City; and WHEREAS, public agencies utilizing federal funds for highway-related projects are required to execute a Program Supplemental Agreement (PSA) with the California Department of Transportation (Caltrans) prior to invoicing Caltrans for federal funds expended on the project; and WHEREAS, the attached Program Supplement No. 028-N to City of Downey - State Master Agreement No. 07-5334R covers federal aid funding for the Pedestrian Countdown Head Project (Cash Contract No. S.S. 610); and WHEREAS, the City of Downey has received authorization from the State of California Department of Transportation to proceed with construction on this project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:1 SECTION 1. The City Council of the City of Downey does hereby approve Program Supplement Agreement No. 028-N to the City of Downey - State Master Agreement No. 07- 5334R covering funding for construction work on said project. SECTION 2. The City Manager of the City of Downey is hereby authorized and directed to execute Program Supplement Agreement No. 028-N on behalf of the City of Downey. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and forward two (2) certified copies of this resolution to the Director of Public Works for transmittal to the State APPROVED AND ADOPTED this 27th day of Ju% 2010 ANNE M. BAYEFm–yTr ATTEST: M,&Jg. KATHLEEN L. MIDSTOKKE, City Clerk RESOLUTION NO. 10-7212 PAGE TWO I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 27th day of July, 2010, by the following vote, to wit AYES: NOES: ABSENT: ABSTAIN : Council Members: Brossmer, Gafin, Guerra, Marquez, Mayor Bayer Council Member: None Council Member: None Council Member: None IAMhI) g .4/[tdAMU KATHLEEN L. MIDSTOKKE, City Clerk PROGRAM SUPPLEMENT NO. N028 Date : June 28, 2010 to ADMINISTERING AGENCY-STATE AGREEMENT Location : 07-LA.O-DNy Project Number : HSIPL-5334(03 1) 8 . A. Number ,07-933202 [ OR FEDERAL-AID PROJECTS NO. 07-5334R 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 01/23/07 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. , approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sourcQS 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: VARIOUS LOCATIONS - 20 LOCATIONS CiTyWIDE TYPE OF WORK : INSTALL PEDESTRIAN COUNIDOWN SIGNAL INDICATORS LENGTH : 0 (MILES ) Eat;:lmatiBa Coat Federal Funds LS30 $67,500.00 $75,000.00 Matching Fundg $0.00$7,500.00 CITY OF DOWNEY STATE OF CALIFORNIA Department of Tranaportatlon By By Date Att:est Title Chief , OffIce of Project Inpleuentation DIvIsIon of Local AssIstance Date I hereby certIfy upon lads are avaIlable for thIs 8nc.„t\b=ance: Accounting Office:-30 -/O Category Source $67,500.00 Chapter I Statute8 I 2009 b 2660-102-890 2009-2010 20.30.010.550 C 262042 892-F 67,500.00 [ Program Supplwent 07-5334R-N028- ISTBA Page 1 of 4 07-LA-0-DW 06/28/201 0 HSIPL-5334(03 ] ) SPECIAL COVENANTS OR REMARKS 1.ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase (8) with an " Authorization to Proceed" and will not proceed with futUre phase (s) of this project prior to receiving an " Authorization to Proceed" tron the STATE for that phase (s) unless no further State or Federal funds are needed for those future phase (8) . 2.ADMINISTERING AGENCY agrees, as a minimum, to submit invoice8 at least once every six months commencing after the funds are encurnbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE re8erve8 the right to suspend future authorizations/obligations, and invoice payment:g 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 .t ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a 11Report of Expenditures11 within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a 11Final Report of Expenditures11 within 180 day8 of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. 3.The Administering Agency shall not discriminate on the ba8i8 of race, religion, age, di8ability, color, national origin, or sex in the award and performance of any Federal-assisted contr pct or in the admlnjgt:tatton 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 Agencyl8 DBE Implwlentation Agreement is incorporated by reference in this Agreement , Implwrentation of the DBE Implementation Agreenent, including but not limIted to timely reporting of DBE coxmitInents and utilization, is a legal obligation and failure to carry out its terms shall be treated as Program Supplwent; 07-5334R-NO 28- ISTRA Page 2 of 4 07-LA-o-DbrY 06/28/2010 HSIPL-5334(03 1 ) SPECIAL COVENANTS OR REHARKS a violation of this Agreement. Upon notifIcation to the Administering Agency of its failure to carry QUt 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 4 . As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency cert:if iea that NO members of the elected board, council, or other key decision makers are on the Federal Government Excluded Parties List System {EPLS) . S . Award information shall be gubmit:ted by the ADMINISTERING AGENCY to the Di8trict Local Assistance EngIneer within 60 days of project contract award or with submittal of the ADMINISTERING AGENCY's first invoice for 'the construction contract, whichever is earlier. [ Failure to do so will cause a delay in the State processing invoice8 for the construction phase. Please refer to Section 15 ,7 "Award Package11 of the Local Assistance Procedures Manual . 4 6.Any State and Federal funds that may have been encwlbered for this project are available for di8bur8ement for limited periods of time . For each fund encrrmbrance the limited period is from the start of the fiscal year that the 8peci£lc fund was appropriated within the State Budget Act to the applicable fund Rever8ion Date shown on the State approved project finance letter . Per Government Code Section 16304 , all project funds not liquidated within these periods will revert unle8s an executed Cooperative Work Agrewrent 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 Controller1 s Office and the Department of Finance; in order for payment to be made, the last date the DistrictLoca1 Engineer can Progran Supplwent 07-5334R-,N028- ISTEA Page 3 Qf 4 07-LA-o-DbrY 06/28/2010 HSIPL-5334(03 ] ) SPECIAL COVENANTS OR RBUARKS forward an invoice for payment tIe the Department 18 Local Programs Accounting Office for reimbu=8able work for funds that are going to revert at the end of a particular fiscal year 18 May 15tih of the particular fiscal year. Notwithstanding the un:Liquidated sums of pro]ect specific State and Federal funding remaining and available to fund pro•ject; work, any invoice for reImbursement involving applicable funds that is not received by the Department 1 s Local Programs Accounting Office at least 45 days prior to the applicable fixed fund ReversIon Date will not be paid. The8e unexpended funds wIll be irrevocably reverted by the Department's DIvision of Accounting on the applicable fund Reversion Date . 7 . The ADMIN:ESTERING AGERCY wIll advertIse, award and administer this pro]ect in accordance with the current published Local A8si8tance Procedures Manual. I Program SuppIMent 07-S334R-N028- IgTBA Page 4 of 4