HomeMy WebLinkAboutCC AG PKT 2009-12-14 #JAGENDA STAFF REPORT
DATE: December 14, 2009
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Vince Mastrosimone, Director of Public Works
SUBJECT: AUTHORIZING THE CITY MANAGER TO EXECUTE
VARIOUS FEDERAL AND STATE PROGRAM
AGREEMENTS AND DOCUMENTS REQUIRED FOR
TRANSPORTATION PROJECTS
SUMMARY OF REQUEST:
The City Council is asked to adopt Resolution No. 5947 authorizing the City
Manager to sign various federal and state transportation program agreements
and documents required for transportation projects.
BACKGROUND:
In order to receive Federal and State funds, local agencies are required to
execute agreements and documents relating to transportation projects through
the California Department of Transportation ( Caltrans).
Typical agreements and documents include, but are not limited to, rules and
policies on how to utilize and administer the funds.
As an example, the attached program supplement agreement No. N011 is
required to be executed between the City of Seal Beach and Caltrans for the
Seal Beach Boulevard Street Resurfacing from PCH to Bolsa Avenue. The City
received $496,413 from the American Recovery and Reinvestment Act (ARRA)
Federal Transportation Funds. In order to receive the funds, the City must
execute the attached agreement.
FINANCIAL IMPACT:
There is no impact to the City. The $496,413 is a one time distribution and there
is no City match requirement. The funds may only be used for transportation
purposes.
Agenda Item J
Page 2
RECOMMENDATION:
It is recommended City Council adopt Resolution No. 5947 authorizing the City
Manager to sign various federal and state transportation program agreements
and documents required I-QLtr_ansportation projects.
SUBMITTED B
Vince Mastrosimone
Director of Public Works
NOTED AND APPROVED:
David Carmany, City Manager
Attachments:
A. Resolution No. 5947
B. Supplemental Agreement No. N011
RESOLUTION NUMBER 5947
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO
SIGN VARIOUS FEDERAL AND STATE PROGRAM
AGREEMENTS AND DOCUMENTS REQUIRED FOR
TRANSPORTATION PROJECTS
WHEREAS, The City of Seal Beach is eligible to receive Federal and State
funds for transportation projects administered through California State
Department of Transportation ( Caltrans); and
WHEREAS, Caltrans requires Program Supplemental Agreements, Fund
Exchange Agreements, Fund Transfer Agreements and Right -of -Way
Certifications between the State and City before funds can be claimed.
WHEREAS, the City of Seal Beach desires to delegate authorization to execute
all Master Agreements, Program Supplemental Agreements, Fund Exchange
Agreements, Fund Transfer Agreements and Right -of -Way Certifications and
any amendments thereto with the California Department of Transportation to the
City Manager.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. Authorize the City Manager of the City of Seal Beach to approve,
execute and sign Federal and State Agreements and Documents required to
receive Federal and State funding for various transportation projects, including
but not limited to all Master Agreements, Program Supplemental Agreements,
Fund Exchange Agreements, Fund Transfer Agreements and Right -of -Way
Certifications. Such documents, when duly executed by the City Manager, shall
be binding upon the City as if separately approved by the City Council.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach on this 14th day of December , 2009 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
ATTEST:
Mayor
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5947 on file
in the office of the City Clerk, passed, approved, and adopted by the City Council
of the City of Seal Beach, at a regular meeting thereof held on the 14th
day of December , 2009
City Clerk
PROGRAM SUPPLEMENT NO. N011 Date: September 16, 2009
to Location: 12
ADMINISTERING AGENCY -STATE AGREEMENT Project Number ESPL 1)
FOR FEDERAL -AID PROJECTS NO. 12 -5229R E.A. Number: 12- 932031
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 04/29/09 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 sources 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:
Seal Beach Boulevard from Pacific Coast Highway (SR 1) to Bolsa Avenue
TYPE OF WORK Road rehabilitation LENGTH: 0.3 (MILES)
Estimated Cost
Federal Funds
Matching Funds
$496,413.00
C230 $496 ,413.00
LOCAL
$0.00
$0.00
OTHER
$0.00
CITY OF SEAL BEACH
By NO=
Date
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Attest
Title
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer
Date
`77 {� (J�
$496,413.00
Chapter
Statutes
Item
Year
Program
BC
Category
Fund Source
AX0=
268 2008 2660 - 603 -890 2008 -2009
20.30.010.810 F
228010 898 -F
496,413.00
Program Supplement 12- 5229R -N011- ISTEA Page 1 of 9
12- ORA- U -S'LB,
ESPL - 5229(0 :1)
09/16/2009
SPECIAL COVENANTS OR REMARKS
1. ADMINISTERING AGENCY agrees that it will only proceed with work
authorized for specific phase(s) with an "Authorization to
Proce ._and _will _ not__ pr
pd-with future Qhase(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 only available for disbursement for a period of
six (6) years and seven (7) years, respectively, from the start
of the fiscal year(s) that those funds were appropriated within
the State Budget Act. All project funds not liquidated within
these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested and is approved by
the California Department of Finance per Government Code Section
16304. The exact date of each fund reversion will be reflected
in the approved finance letter(s) issued for this project.
Notwithstanding the unliquidated sums of project specific State
and Federal funding remaining and available to fund project work,
any invoice for reimbursement that is not submitted to the
Department on or before 60 days after that applicable fixed fund
reversion date will not be paid from that fiscal year's
encumbered funds because all of these unexpended funds will be
irrevocably reverted by the Department's Division of Accounting
on that date.
Pursuant to a directive from the State Controller's Office and
the Department of Finance, the last date to submit invoices for
reimbursed work in each fiscal year is May 15th in order for
payment to be made out of those then current appropriations.
Project work performed and invoiced after May 15th will be
reimbursed only out of available funding that might be encumbered
in the subsequent fiscal year, and then only when those funds are
actually allocated and encumbered as authorized by the California
Transportation Commission and the Department's Accounting Office.
3. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the current published Local
Assistance Procedures Manual,
4. Award information shall be submitted by the ADMINISTERING AGENCY
Program Supplement l2- 5229R -NO11- ISTEA Page 2 of 5
12- 0RA -0=SLB
ESPL - 5229(011)
09/16/2009
SPECIAL COVENANTS OR REMARKS
to the District Local Assistance Engineer within 60 days after
the project contract award. A copy of the award package shall
also be included with the submittal of the ADMINISTERING AGENCY's
first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS #33
P. O. Box 942874
Sacramento, CA 94274 -0001.
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.
S. 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, and invoice payments 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.
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.
G. 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
Program Supplement l2- 5229R -N011- ISTEA Page 3 of 5
12- ORA -U -SLB
ESPL - 5229(04 1)
09/16/2009
SPECIAL COVENANTS OR REMARKS
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).
8. This project is financed, in whole or in part, with federal funds
from the American Recovery and Reinvestment Act of 2009 (Recovery
Act). ADMINISTERING AGENCY agrees:
1) Statutory provisions contained in Chapter 1 of Title 23
United States Code (U.S.C.) are applicable to all Recovery Act
funded projects,
2) Costs incurred prior to the date of authorization are NOT
eligible for reimbursement with federal Recovery Act funds,
3) Federal Prevailing Wage Rate requirements apply to all
Recovery Act funded construction projects regardless of location
(including projects on local roads and rural minor collectors,
and Transportation Enhancement projects outside the highway right
of way). ADMINISTERING AGENCY agrees to include the appropriate
wage rate information in the contract and also include a contract
provision that overrides the general applicability provisions in
form FHWA -1273, Sections IV and V,
4) To expend and invoice for all Recovery Act funds prior to
Program Supplement 12- 5229R -NO11- ISTEA Page 4 of 5
12- ORA -o -' su3 09/16/2009
ESPL - 5229(011)
SPECIAL COVENANTS OR REMARKS
using other funds, and
5) To comply_ with the reporting requirements, terms and
conditions set forth in Sections 1201 and 1512 of the Recovery
Act and as designated by the STATE. Failure to comply will
result in retentions from progress payments due ADMINISTERING
AGENCY and /or other sanctions,
6) Recovery Act funds are available for liquidation only until
September 30, 2015 when the remaining balance of Recovery Act
funds will expire. ADMINISTERING AGENCY agrees to submit an
invoice for the balance of project Recovery Act funds (if any) to
the STATE prior to July 1, 2015.
Program Supplement 12- 5229R -NO11- ISTEA Page 5 of 5