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HomeMy WebLinkAboutResolution No. 10-7225 - Appr Prog Supp 029-N State Master Agmt 07-5334RRESOLUTION NO. 10– 7225 A RESOLUTION OF THE CITY COUNCIL APPROVING PROGRAM SUPPLEMENT NO. 029-N TO CITY OF DOWNEY - STATE MASTER AGREEMENT NO. 07-5334R FOR THE SCHOOL ZONE SIGNAGE AND PAVEMENT MARKING UPGRADES PROJECT (CASH CONTRACT NO. S.S. 609). WHEREAS, the City Council of the City of Downey has adopted Resolution No. 07-6960 approving City of Downey - State Master Agreement No. 07-5334FR, 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. 029-N to City of Downey - State Master Agreement No. 07-5334R covers federal aid funding for the School Zone Signage and Pavement Marking Upgrades Project (Cash Contract No. S.S. 609); 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: SECTION 1. The City Council of the City of Downey does hereby approve Program Supplement Agreement No. 029-N to the City of Downey - State Master Agreement No. 07- 5334R covering funding for construction work on said project. SECTION 2. 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 28th day of September, 2010. ATTEST: mN BAYER ";“J‘ KATHLEEN L. hHIDSTOKKE, City Clerk RESOLUTION NO. 10– 7225 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 28th day of September, 2010, by the following vote, to wit: AYES: Council Members: Gafin, Guerra, Marquez, Mayor Bayer NOES: Council Members ABSENT: Council Members: Brossmer ABSTAIN: Council Members %4£Z&pW'%a&ZURa> KATHLEEN L. MIDSTOKKE, City Clerk PROGRAM SUPPLEMENT NO. N029 to ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO 07-5334R Date: August 26, 2010 Location: 07-LA-0-DN\r’ Project Number: HSIPL-5334(032) E.A. Number: 07-933203 Locode: 5334 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 01/23/07 and is subject to all the tertr is 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 cob't,nants or remarks set fc>nh on the following pages. PROJECT LOCATION: Vicinity 1;f 20 School Ar3as Citywide TYPE OF- WORK: Modifications/Enhancements to School Traffic Signs LENGTi! J.O(MII.ES'J taFt=teal;aLI I-–– Federal Funds LS30 $43,560.oo I $75,076. coI Matching Funds O Fh ERLOCAL I $0.90 CITY OF DOWNEY STATE OF CALIFORNIA Department of Transportation By By Chief, Office of Project Implementation Division of Local AssistanceTitle Date Attest Date I hereby certify upon that budgeted funds are available for this encumbrance Accounting Officer Date $43.560.00 Chapter Statutes Year Fund SourceWaProgramBC AMOUNT Program Supplement 07-5334F:-N029- ISTEA Page 1 of 3 STATE OF CALiFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV 01/2010) C 0 Claims Audits 3301 "C" Street, Rm 404 Sacramento. CA 95816 Page of DATE PREPARED:PROJECT NUMBER: 07000207028/26/2010 REQUISITION NUMBER / CONTRACT NUMBER: RQS 070000000067 FROM Departmer, of Transportation SUBJECT: Encumbrance Document VENDOR / LOCAL AGENCY caN -RACT AMOUNT $43,560.00 PROCUREMENT TYPE: CITY OF DOWNEY Local Assistance CHAPTER I STATUTES 1 1 2009 ITEM 2660-102-890 YEAR 2010 PEC / PECT 20.30.010.550 TASK / SUBTASK 2620/0420 AJUOUNT $43,560.00 ADA Noti I P_T_c!'y'gy?1:=T_:T:?ry_T?_ty'j'FLT,'!?:!J."IF.T Ls„aye_Tlr1?191aLe, IQJTat’ Far "'fa“"ah)n ca11 (915> 654-6410 c’[TDD (916> -3880 Qr write 07-LA-O-DNY HS IRL-5334(032) 08/26/2010 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 wiI! not proceed with future phase(s) of this pi'oject prior to receiving an "Autirorization to Proceed" I-rom 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 minimurr'I, to submit invoices at least on,;e every six months colnrnencing after the funds are encumbered for each phase by the exectltion of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance I etter. STA-1 E reserves the right to suspend future authorizations/obligations1 and invoiLe paylr',,3nts for any on-going or future federal-aid project by ADF/IIN IS'fER iNG AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period . If no costs have been invoiced for a si;c-month period, ADMINISTERING AGENC", agrees it ’ SUb:T:?+ For 'ach phase a written explanation of the absence of F':RO,.'i'_'C-: ‘ activity along with target billing date and target biiiing amount. [ ADMINiSTERiNG; AGL.JCY agro.IS LO submit the final report documents that coileciivl Ity constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISl-ERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE !!nposing 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 sanctipns 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 Administering Agency certifies that NO members of the elected board, council, or other Program Supplement 07-5334R-N029- ISTEA Page 2 of 3 07-LA-O-DNY HSIP!_-5334{032) 08/26/2010 SPECIAL COVENANTS OR REMARKS 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 or with the 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 invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 7 Any State arrd 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 07-5334F:-N029- ISTEA Page 3 of 3