HomeMy WebLinkAboutResolution No. 13-7447 - Cash Contract SS. 634-pedestrian Countdown Heads Project Phase 2: Approve Program Supplement No. 035-N to the State Master Agrmnt No. 07-5334RRESOLUTION NO. 13-7447
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
PROGRAM SUPPLEMENT NO. 035-N TO CITY OF DOWNEY - STATE MASTER
AGREEMENT NO. 07-5334R FOR THE PEDESTRIAN COUNTDOWN HEADS
PROJECT – PHASE 2 (CASH CONTRACT NO. S.S. 634)
WHEREAS, the City Council of the City of Downey has adopted Resolution No. 07-6960
approving City of Downey - State Master Agreement No. 07-5334Fq, 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. 035-N to City of Downey - State
Master Agreement No. 07-5334R covers federal aid funding for the Pedestrian Countdown
Heads Project – Phase 2 (Cash Contract No. S.S. 634); and,
WHEREAS, the City of Downey has received authorization from the State of California
Department of Transportation to proceed with construction dated September 1 1, 2013 for the
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. 035-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. 035-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
APPROVED AND ADOPTED this 8th day of October, a013.a--
MARIO A. GUERRA, Mayor
4, ;Y;b=
State
City Clerk
RESOLUTION NO. 13-7447
PAGE 2
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 8th day of October, 2013, by the following
vote, to wit:
AYES:
NOES:
ABSTAIN :
ABSENT:
Council Members:
Council Members:
Council Members:
Council Members:
Brossmer, Marquez, Saab, Vasquez, Mayor Guerra
None
None
None
imc
City Clerk
PROGRAM SUPPLEMENT NO. N035
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO 07-5334R
Adv Project ID Date:
0712000264 Location:
Project Number:
E.A. Number:
Locode:
August 30, 2013
07-LA-O-DNY
HSIPL-5334(042)
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 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:
VARIOUS LOCATIONS. CITY WIDE
TYPEOFWORK: INSTALLATION OF PEDESTRIAN COUNTDOWN TRAFFIC
SIGNAL INDICATORS ONLY ON APPROACHES WHERE THERE
IS AN
LENGTH: 0.0(MILES)
Estimated Cost 1 Federal Funds
MS30 $75,000.00
$83,334.001
Matching Funds
LOCAL
$8,334.01
OTHER
$0.00
CITY OF DOWN. i STATE OF CALIFORNIA
Department of Transportation
City ManagerBa/Chief, Office of Project Implementation
By
Division of Local Assistance
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
„...„„..„,.,...,'-Z,/',,,,,-/ /--)Date $75.000.00
Approved as tq
b()
B) ma
ity Attorney
Program Supplement 07-5334R-N035- ISTEA Page 1 of 4
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV. 01/2010)
Page 1 of _1
STATE CONTROLLER'S OFFICETO:
Claims Audits
3301 "C" Street, Rm 404
Sacramento, CA 95816
DATE
9/1 1/2013
REQUISITION NUMBER / CONTRACT NUMBER:
RQS-2660-071400000324-1
PROJECT NUMBER:
0712000264
FROM
Department of Transportation
SUBJECT'
Encumbrance Document
VENDOR / LOCAL AGENCY
CITY OF DOWNEY
$75,000.00
PROCUREMENT TYPE:
Local Assistance
CHAPTER
21
STATUTES
2012
ITEM
2660-1 02-0890
YEAR
2012-2013
PEC / PECT
20.30.010.550
TASK / SUBTASK
2620/0420
AMOUNT
$75,000.00
TOTAL 75,000.00
ADA Notit
For individuals with sensory disabiIIties, this document is available in alternate formats. For Information. call (915) 654.6410 of TDD (916) -3880 or write
Records and Forms Management, 1120 N. Street. MS-89, Sacramento, CA 95814
07-LA-0-DN Y
HSIPL-5334(042)
08/30/2013
SPECIAL COVENANTS OR REMARKS
Chapter Statutes YearItem BCProgram Category Fund Source AMOUNT
Program Supplement 07-5334R-N035- ISTEA Page 2 of 4
07-LA-O-DNY
HSIPL-5334(042)
08/30/2013
SPECIAL COVENANTS OR REMARKS
1.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).
2.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.
3.
4,
The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
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.
5 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
Program Supplement 07-5334R-N035- ISTEA Page 3 of 4
07-LA-O-DNY
HSIPL-5334(042)
08/30/2013
SPECIAL COVENANTS OR REMARKS
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.
6.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.)
7 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
key decision makers are on the Federal Government Excluded Parties List System
(EPLS)
Program Supplement 07-5334R-N035- ISTEA Page 4 of 4