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HomeMy WebLinkAbout52-06 • • RESOLUTION 52-06 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AUTHORIZING AND DIRECTING THE CITY ENGINEER TO ACT ON BEHALF OF THE TOWN OF LOS ALTOS HILLS TO ENTER INTO AGREEMENTS WITH CALIFORNIA STATE DEPARTMENT OF TRANSPORTATION FOR FEDERAL AID PROJECTS WHEREAS, the Town of Los Altos Hills is eligible to receive Federal and/or State Funding for certain Transportation Projects, through the California Department of Transportation; and WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with the California Department of Transportation before such funds could be claimed; and WHEREAS, the Town wishes to delegate authorization to execute these agreements and any amendments thereto to the City Engineer. NOW, THEREFORE BE IT RESOLVED that the City Council of Los Altos Hills authorizes the City Engineer to execute all Master Agreements, Program Supplemental Agreements, Fund exchange Agreements, Fund Transfer Agreements and any amendments thereto with California Department of Transportation. PASS AND ADOPTED this 22nd day of June , 2006 BY: ' 048._ I•-. 1 f arshawsky, Mayor ATTEST: City C erk ip STATE OF CALIFORNIA.BUSINESS,TRP' —PORTATION AND HOUSING AGENCY • Arnold Schwarzenegger,Governor DEPARTMENT OF TRANSPORTATION < ..,„,4. Division of Local Assistance �.,Sy 1120 N STREET `-4 P.O. BOX 942874, MS# 1 -o Sacramento, CA 94274-0001 TDD(916)654-4014 (916) 654-3151 File: 04-SCL-0-LAH Fax(916) 653-7621 STPL-5324(002) July 20, 2006 Page Mill (Matadero Crk to Altamont Rd)&(Berry Hill Ln to Country Way), and El Monte Rd(Mo Mr. Henry Louie Director of Public Works City of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Dear Mr. Louie: Enclosed is your fully executed copy of Program Supplement Agreement No. 001-M to Administering Agency-State Agreement No. 04-5324 . Sincerely, ( /; 1 DENIX ANBIAH, Chie Office of Project Implementation Division of Local Assistance Enclosure c: DLA AE Project Files (04) DLAE - Muhaned Aljabiry .L • • • PROGRAM SUPPLEMENT NO. M001 Date:May 16,2006 to Location:04-S CL-0-LAH ADMINISTERING AGENCY-STATE AGREEMENT Project Number:STPL-5324(002) FOR FEDERAL-AID PROJECTS NO. 04-5324 E.A. Number:04-924402 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 06/06/97 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. 5 -'© (I ,approved by the Administering Agency on o0I01 /0& (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: Page Mill(Matadero Crk to Altamont Rd)&(Berry Hill Ln to Country Way),and El Monte Rd(Moody-Rd to Stonebrook Dr) TYPE OF WORK:Road Rehabilitation LENGTH: 0(MILES) Estimated Cost Federal Funds Matching Funds H230 $202,000.00 LOCAL OTHER $411,482.00 $209,482.00 $0.00 $0.00 TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA IP Department/of Transportation / . / By ,/ / Date t .e 2Z zeoi Chief, Office of Project Implementation . / J Division of Local Assistance Attest ` x// '40 Date Title . 6 -,- K, I hereby certify upon :icy personal knowledge that budgeted funds are available for this encumbrance: • � Accounting Officer '- � � � �_ AR s Date J'�/� $202,000.00 Chapter Statutes Item I Year •. ogram BC Category Fund Source AMOUNT 38 2005 2660-102-890 2005-2006 20.30.010.810 C 262040 892-F 202,000.00 Program Supplement 04-5324-M001- ISTEA Page 1 of 5 A 04 SCL-0 LAH . • 05/16/2006 STPL-5324(002) SPECIAL COVENANTS OR REMARKS 1. All project repair, replacement and maintenance involving the physical condition and the operation of project improvements referred to in Article III MAINTENANCE, of the aforementioned Master Agreement will be the responsibility of the ADMINISTERING AGENCY and shall be performed at regular intervals and as required for efficient operation of the completed project improvements. 2. The ADMINISTERING AGENCY will reimburse the STATE for the ADMINISTERING AGENCY share of costs for work requested to be performed by the STATE. 3. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration (FHWA) in the Federal-Aid Project Authorization/Agreement or Amendment/Modification (E-76) and accepts any resultant increases in ADMINISTERING AGENCY funds as shown on the Finance Letter, any modification thereof as approved by the Division of Local Assistance, Office of Project Implementation. 4. Any State and Federal funds that may have been encumbered for this project are only available for disbursement for a period of five (5) 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 Program Supplement 04-5324-M001- ISTEA Page 2 of 5 04-SCL-0-LAH Ail111, • 05/16/2006 STPL-5324(002) SPECIAL COVENANTS OR REMARKS 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. 5. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available for new phase(s) of work by future Federal obligations will be encumbered on this PROJECT by use of a STATE approved "Authorization to Proceed". and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. 6. 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) . 7. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the most current published Local Assistance Procedures Manual. 8. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately 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 Program Supplement 04-5324-M001- ISTEA Page 3 of 5 04-SCL-0-LAHMP • 05/16/2006 STPL-5324(002) SPECIAL COVENANTS OR REMARKS invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual and LPP 01-06. 9. "ADMINISTERING AGENCY certifies that neither the ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this agreement. ADMINISTERING AGENCY agrees that it will notify the STATE immediately, in the event a suspension or a debarment happened after the execution of this agreement. " 10. The Administering Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE Program or the requirements of 49 CFR Part 26. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The Administering Agency's DBE Program, as required by 49 CFR Part 26 and as approved by Caltrans, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recepient of its failure to carry out its approved program, Caltrans may impose sanctions as provided for under 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. ) . 11. Billing Cycle ADMINISTERING AGENCY agrees to submit invoices in arrears for reimbursement of participating PROJECT costs at least once every six months commencing after the funds are encumbered for each phase by the execution of this PROJECT PROGRAM SUPPLEMENT or by STATE's future approval of an applicable Finance Letter. The total of all invoiced amounts claimed, plus any required matching funds, must not exceed the actual total cost allowable under this PROGRAM SUPPLEMENT for all authorized and completed PROJECT engineering work, right of way acquisition, and construction. If no costs have been invoiced for a six-month period, Program Supplement 04-5324-MO 01- ISTEA Page 4 of 5 • a • 05/16/2006 04-SCL-0-LAH STPL-5324(002) SPECIAL COVENANTS OR REMARKS ADMINISTERING AGENCY shall submit a written explanation (with target billing date and target billing amount) of the absence of PROJECT activity. Should ADMINSTERING AGENCY fail to invoice for participating PROJECT costs incurred (including a written explanation when no invoice is submitted) within one year of the issuance of the PROJECT authorization to proceed by STATE or from the next invoice due date following the last PROJECT invoice, STATE may de-obligate and reassign to another party any unexpended Federal funds without notice to ADMINSTERING AGENCY. STATE may also not process any future request for authorization to proceed submitted by the ADMINSTERING AGENCY. Final Billing ADMINISTERING AGENCY agrees that it shall submit the Final Invoice and Final Detail Estimate within 180 days of PROJECT completion. ADMINISTERING AGENCY' S failure to submit these documents will result in sanctions imposed upon ADMINISTERING AGENCY by STATE in accordance with Chapter 17.6, "Consequences For Non-Compliance", of the Local Assistance Procedures Manual. De-obligate Federal Funds for Construction Phase ADMINISTERING AGENCY agrees that if the estimated PROJECT construction cost is less than the obligated amount for construction by more than $50,000, that excess amount of federal funds initially obligated is subject to de-obligation by STATE once the project has been awarded by ADMINSTERING AGENCY. 12. The ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act and OMB A-133 if it receives a total of $500,000 or more in federal funds in a single fiscal year. The federal funds received under this project are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning & Research. OMB A-133 superceded OMB A-128 in 1996. A reference to OMB A-128 in a Master Agreement (if any) is superceded by this covenant to conform to OMB A-133. Program Supplement 04-5324-MOO1- ISTEA Page 5 of 5 JUL. 19. 2006 10: 10AM Ti OF LOS ALTOS HILLS • NO. 3190 P. 1 RESOLUTION 52-06 • A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AUTHORIZING AND DIRECTING THE CITY ENGINEER _ '. . ._, - • _ . . � ' . ...,.� _ : TO ACT ON BEHALF OF THE TOWN OF LOS ALTOS HILLS TO ENTER INTO AGREEMENTS WITH CALIFORNIA STATE DEPARTMENT OF TRANSPORTATION FOR FEDERAL AID PROJECTS WHEREAS, the Town of Los Altos Hills is eligible to receive Federal and/or State Funding for certain Transportation Projects, through the California Department of Transportation; and WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with the California Department of Transportation before such funds could be claimed;and WHEREAS, the Town wishes to delegate authorization to execute these agreements and any amendments thereto to the City Engineer. NOW, THEREFORE BE IT RESOLVED that the City Council of Los Altos Hills authorizes the City Engineer to execute all Master Agreements, Program Supplemental Agreements, Fund exchange Agreements, Fund Transfer Agreements and any amendments thereto with California Department of Transportation. PASS AND ADOPTED this day of�11.4-. , 20i• 40111.1 BY: / / .yor 4 A1'I: ST: City Clerk Post-it"Fax Note 7671 Date ' 9s)" I TO pia n /i/as From d/ co./Dept C.ia,6941.1. co_loom e44s MP'A4cer Phone# phone#g _9 Qin �s - Fax# `f! Fax# 74 _ - z