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HomeMy WebLinkAboutC-2574PROGRAM SUPPLEMENT NO. N009 to )MIN'ISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 07 -5131R Date: June 22, 2009 Location: 07 - LA -0 -ADA Project Number: ESPL- 5131(016) E.A. Number: 07-933414 NvU- 86 -�5�y 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 04/27/07 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 0 �/ Z�/ 2 Up9 (See copy attached). The Administering Agency further stipulates that as a condition to the payment by State of any finds 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: Santa Anita Ave/ Longden Ave & Livc Oak Ave TYPE OF WORK: Asphalt Concrete Overlay LENGTH: 0 (MILES) Estimated Cost Federal Funds Matching Funds - $600,000.00 C200 $600,000.00 LOCAL $0.00 $0.00 OTHER $0.00 CITY OF ARCADIA Donald Penman, City Manager STATE OF CALIFORNIA Department By " i nereny certizy upon my personal rnowieage tnat Duagetea runae are avaiiaole for tnia encumerance: Accounting Officer '�/ Date $600,000.00 c Chapter Statutes Item Year Program BC Category Fund Source AMOUNT 268 2008 2660 -603 -890 2008 -2009 20.30.010.810 F 262040 898 -F 600,000.00 Program Supplement 07- 5131R -N009- ISTEA Page 1 of 5 67- LA -0 -ADA ESPL- 5131(016) SPECIAL COVENANTS OR REMARKS 06/22/2009 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 2. Award information shall be submitted by the ADMINISTERING AGENCY 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. 0. 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. 3. 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). 4. Any State and Federal funds that may have been encumbered for this project are only available for disbursement for a period of five (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 Program Supplement 07- 5131R -N009- ISTEA Page 2 of 5 X07- LA -0 -ADA ESPL- 5131(016) SPECIAL COVENANTS OR REMARKS 06/22/2009 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. 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, 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. 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 Program Supplement 07- 5131R -NO09- ISTEA Page 3 of 5 07- LA -0 -ADA ESPL- 5131(016) i SPECIAL COVENANTS OR REMARKS 06/22/2009 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 Administrating 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. I 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 07- 5131R -N009- ISTEA Page 4 of 5 b7- LA -0 -ADA ESPL - 5131(016) SPECIAL COVENANTS OR REMARKS using other funds, and. 06/22/2009 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 07-5131R-N009- ISTEA Page 5 of 5 RESOLUTION NO. 6687 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT No. 009 -N TO ENCUMBER FEDERAL AID FUNDS FOR THE REHABILITATION OF SANTA ANITA AVENUE FROM LONGDEN AVENUE TO LIVE OAK AVENUE PROJECT THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Supplement No. 009 -N Program of Local Agency Federal Aid System Projects, to encumber Federal Aid fiends for the Rehabilitation of Santa Anita Avenue from Longden Avenue to Live Oak Avenue Project.is hereby approved and the Mayor and City Cleric are authorized to sign such Supplement Agreement. SECTION 2. The City Cleric shall certify to the adoption of this Resolution. Passed, approved and adopted this 21st day of July , 2009. Ili OHN WU0 ..Mayor of the City of Arcadia ATTEST: JAM JAMESAi H. City Clerk APPROVED AS TO FORM: This Is to certify that the foregoing Is " °"^ <, a true and correct c y of the original K" document. ' V Signature _ ��JL -- C., ^�r Date %: Stephen Deitsch city clerk's Office, Arcadia, California City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6687 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 21st day of July, 2009 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Chandler, Harbicht, Kovacic and Wuo NOES: None ABSENT: None 2 t u 6 �� • ®' City Clerk of the City of Arcadia