HomeMy WebLinkAboutState of California - Federal Aid Project - VERBS Safe Route to School - Project No. 12-PW-199STATE OF CALIFORNIA . BUSINESS,TRANSPORTATION AND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274 -0001
TTY 711
(916) 654 -3151
Fax (916) 653 -7621
November 6, 2012
Ms. Wendie Rooney
Community Development Director - Director of Public Works
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Attn: Ms. Eileen Jacobs
Dear Ms. Rooney:
EDMUND G. BROWN Jr. Governor
4
File: 04- SCL -0 -GIL
RPSTPLE- 5034(024)
In Gilroy: Multiple Locations:
Enclosed is your fully executed copy of Program Supplement Agreement No. 014 -N to Administering Agency -State
Agreement No. 04 -5034R and an approved Finance Letter. Please retain the signed Finance Letter for your records.
In accordance to Government Code 16304, Federal and State funds appropriated by the State budget are available for
disbursement for limited periods of time. The attached Finance Letter shows the deadlines for liquidation as "Reversion
Dates ". Please ensure that your invoices are submitted at least 60 days prior to the Reversion Date to avoid any lapse
of funds. If your agency is unable to seek reimbursement by this date, you may request an extension through a
Cooperative Work Agreement (CWA). A CWA is subject to the final approval of the State Department of Finance. If
approved, the CWA may extend the deadline for up to one year to federal funds and up to three years for State funds.
Please note that Government Code 16304 does not supersede any other more restrictive expenditure deadlines.
Sincerely,
ILL SANDOVAL, Chief
1 Office of Project Implementation - North
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(04) DLAE - Sylvia Fung
PROGRAM SUPPLEMENT NO. N014 Adv Project ID Date: July 18, 2012
to 0412000416 Location: 04- SCL -0 -GIL
ADMINISTERING AGENCY -STATE AGREEMENT Project Number: RPSTPLE- 5034(024)
FOR FEDERAL -AID PROJECTS NO 04 -5034 E.A. Number:
Locode: 5034
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 06/17/08 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. .2004 - 6L (p 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:
In Gilroy: Multiple Locations:
TYPE OF WORK: Provide school crossing improvements, fill in sidewalk gaps, and LENGTH: 0.0(MILES)
extend bicycle lanes.
Estimated Cost Federal Funds Matching Funds
L22E $697,000.00 LOCAL OTHER
$699,800.00 $2,800.00 $0.00
CITY OF GI
ilk
Date
Attest
STATE OF CALIFORNIA
Depart men r rtat'
1
sy
1__XChief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal knowledge /that �budgeted funds are available for this encumbrance:
Accounting Office - ` Date -7
$697.000.00
Program Supplement 04- 5034 -N014- ISTEA Page 1 of 6
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLEMENT AND CERTIFICATION FORM
PSCF (REV. 01/2010)
TO:
Claims Audits
3301 "C" Street, Rm 404
Sacramento. CA 95816
FROM:
DEPARTMENT OF TRANSPORTATION
SUBJECT:
ENCUMBRANCE DOCUMENTS
VENDOR/ CONTRACTOR:
City of Gilroy
CONTRACT AMOUNT:
$697,000.00
PROCUREMENT TYPE:
1 OCAL ASSISTANCE
DATE PREPARED:
7/19!2012
REQUISITION NUMBER / CONTRACT NUMBER:
RQS- 2660- 041300000039
PROJECT NUMBER:
0412000416
I HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNDS ARE AVAILABLE FOR THIS
ENCUMBRANCE AND PURPOSE OF THE EXPENDITURE STATED ABOVE.
Page 1 of 1
ADA Notice For individuals with sensory disabilities, 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.
04- SCL -0 -GIL
RPSTPL'E- 5034(024)
SPECIAL COVENANTS OR REMARKS
07/18/2012
Chapter I Statutes I Item I Year I Program I BC I Category I Fund Source I AMOUNT
Program Supplement 04- 5034 -N014- ISTEA Page 2 of 6
04 -SC L -0 -G I L 07/18/2012
kPSTPLE- 5034(024)
SPECIAL COVENANTS OR REMARKS
1. This PROJECT is programmed to receive Federal Transportation Enhancement Activities
(TEA) fund. The ADMINISTERING AGENCY agrees that any functional or operational
change to a TEA PROJECT, before, during or after PROJECT acquisition and /or
construction, that does not comply with, or is in conflict with, the TEA program
requirements and the original purpose of the project at the time it was programmed may
render the PROJECT ineligible for Federal reimbursement and ADMINISTERING
AGENCY may be required to reimburse STATE the entire amount of TEA funds
contributed to the project or the value of the TEA fund contribution, based upon the fair
market value of the acquisition and /or construction, at the time the conflict and /or non-
compliance is determined, whichever is greater.
2. 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).
3. 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.
4. This PROJECT is programmed to receive funding from the State Transportation
Improvement Program (STIP). Funding may be provided under one or more
components. A component(s) specific fund allocation is required, in addition to other
requirements, before reimbursable work can occur for the component(s) identified. Each
allocation will be assigned an effective date and identify the amount of funds allocated per
component(s).
Program Supplement 04- 5034 -N014- ISTEA Page 3 of 6
04- SCL -0-GIL 07/18/2012
RPSTPLE- 5034(024)
SPECIAL COVENANTS OR REMARKS
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible
PROJECT expenditures for the component(s) allocated. The start of reimbursable
expenditures is restricted to the later of either 1) the effective date of the. Master
Agreement, 2) the effective date of the PROGRAM SUPPLEMENT, or 3) the effective
date of the component specific allocation.
5. STATE and ADMINISTERING AGENCY agree that additional funds made available by
future allocations will be encumbered on this PROJECT by use of a STATE approved
Allocation Letter and Finance Letter. ADMINISTERING AGENCY agrees that STATE
funds available for reimbursement will be limited to the amount allocated by the California
Transportation Commission (CTC) and /or the STATE.
6. This PROJECT is subject to the timely use of funds provisions enacted by Senate Bill 45
(SB 45), approved in 1997, and subsequent CTC guidelines and State procedures
approved by the CTC and STATE, as outlined below:
Funds allocated for the environmental & permits, plan specifications & estimate, and
right -of -way components are available for expenditure until the end of the second fiscal
year following the year in which the funds were allocated.
Funds allocated for the construction component are subject to an award deadline and
contract completion deadline. ADMINISTERING AGENCY agrees to award the contract
within 6 months of the construction fund allocation and complete the construction or
vehicle purchase contract within 36 months of award.
7. Upon ADMINISTERING AGENCY request, the CTC and /or STATE may approve
supplementary allocations, time extensions, and fund transfers between components. An
approved time extension will revise the timely use of funds criteria, outlined above, for the
component(s) and allocation(s) requested. Approved supplementary allocations, time
extensions, and fund transfers between components, made after the execution of this
PROGRAM SUPPLEMENT will be documented and considered subject to the terms and
conditions thereof.
Documentation for approved supplementary allocations, time extensions, and fund
transfers between components, will be a STATE approved Allocation Letter, Fund
Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.
8. This PROJECT will be administered in accordance with the CTC STIP guidelines, as
adopted or amended, and the STATE Procedures for Administering Local Grant Projects
in the State Transportation Improvement Program (STIP), the Local Assistance Program
Guidelines, and the Local Assistance Procedures Manual. The submittal of invoices for
project costs shall be in accordance with the above referenced publications and the
following.
9. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans
Program Supplement 04- 5034 -N014- ISTEA Page 4 of 6
04-SdL -0 -GIL 07/18/2012
RPSTPLE- 5034(024)
SPECIAL COVENANTS OR REMARKS
specifications & estimate, and right -of -way costs no later than 180 days after the end of
last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING
AGENCY has 180 days after project completion to make the final payment to the
contractor and prepare the final Report of Expenditures and final invoice, and submit to
STATE for verification and payment.
10. All obligations of STATE under the terms of this Agreement are subject to the
appropriation of resources by the Legislature and the encumbrance of funds under this
Agreement. Funding and reimbursement are available only upon the passage of the State
Budget Act containing these STATE funds.
11. 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.
12. 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
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.
13. 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
Program Supplement 04- 5034 -N014- ISTEA Page 5 of 6
04 S:CL -4 -GIL 07/18/2012
RPSTPL'E- 5034(024)
SPECIAL COVENANTS OR REMARKS
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.).
14. 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 04- 5034 -N014- ISTEA Page 6 of 6
City of Gilroy
STAFF REPORT
-BATE: September 17, 2012
TO: Thomas J. Haglund, City Administrator
FROM: Don Dey, City Transportation Engineer
SUBJECT: VERBS Safe Route to School - Project No. 12 -PW -199 — Bid Recommendation
Recommendation
It is recommended that City Council award FBD Vanguard Construction Inc. the VERBS Safe Route
to School project, Project No. 12 -PW -199 in the total amount of $651,952.67 and authorize the City
Administrator to execute all agreements for the project.
Background
The VERBS Safe Route to School consists of installing high visibility crosswalks, flashing school
beacons, school zone signs, roadway pavement removal and replacement, slurry sealing, roadway
striping, adjustment of utility boxes and manholes to grade, removal of curb, gutter and sidewalk for
the installation of curb, gutter, sidewalk and ADA compliant curb ramps. The location of these
improvements is illustrated in attachment 1.
The project was advertised in the Gilroy Dispatch and San Jose Mercury News. Plans and
specifications were sent to seventeen (17) builder's exchanges, and eleven (11) plans and
specifications were purchased for the bid process.
Bid Results
Project bids were opened Tuesday January 21, 2012, and seven (7) bids were received. The seven
(7) bids received are as follows:
The bids were reviewed for accuracy. The lowest responsive bidder is FBD Vanguard Construction
Inc. with a bid of $642,834.67. The Engineer's Estimate for the construction of the VERBS Safe Route
to School project $577,607.00. A bid summary is attached.
The plans and specifications also requested a bid alternate for slurry seal of some pavement locations
for the crosswalk striping. FBD Vanguard Construction Inc. has an alternate bid amount of $9,118.00
for the slurry seal work. The total cost for construction of the VERBS Safe Route to School project is
COMPANY NAME
BID AMOUNT
1
FBD Vanguard Construction Inc.
$642,834.67
2
JJR Construction
$649,094.00
3
Suarez & Munoz
$772,845.50
4
Granite Rock - Pavex Construction
$787,111.75
5
Don Chapin Co.
$855,896.00
6
Wattis Construction
$877,265.00
7
Robert Bothman Co.
$937,224.00
The bids were reviewed for accuracy. The lowest responsive bidder is FBD Vanguard Construction
Inc. with a bid of $642,834.67. The Engineer's Estimate for the construction of the VERBS Safe Route
to School project $577,607.00. A bid summary is attached.
The plans and specifications also requested a bid alternate for slurry seal of some pavement locations
for the crosswalk striping. FBD Vanguard Construction Inc. has an alternate bid amount of $9,118.00
for the slurry seal work. The total cost for construction of the VERBS Safe Route to School project is
$651,952.67 ($642,834.67 + $9,118.00). The favorable bid results permits the slurry seal work to be
performed.
The City of Gilroy has received a grant of federal funds in the amount of $697,000 from the Santa
Clara Valley Transportation Authority (VTA) for the construction of this VERBS Safe Route to School
project.
The bid specifications established a goal for Disadvantaged Businesses Enterprises (DBE)
participation of 22.5% for this contract. FBD Vanguard Construction Inc. identified their DBE
participation of 20.6 %. City staff has determined that FBD Vanguard Construction Inc. has made a
good faith effort to meet the DBE requirement.
The VERBS Safe Route to School project advertisement and specifications included the following
statement; "The contractor is hereby notified that the first order of work must be to complete the
improvements on Santa Teresa Boulevard as shown on plan sheet IP01." As the project proceeds
City staff will work with the contractor to get the Santa Teresa sidewalk constructed as soon as
possible. At this point the contractor has not established a construction schedule for the Santa Teresa
sidewalk work.
Human Resources Impact
The construction of the VERBS Safe Route to School project will be accommodated with existing
Engineering staff plus assistance from a consultant contract manager (Hatch Mott MacDonald) as
a normal course of business. The On -Call agreement with Hatch Mott MacDonald will be amended
to incorporate this project.
Financial Impact
There are sufficient project funds in Fund 440 for the VERBS Safe Route to School project.
Attachments
C: Rick Smelser, Public Works Director /City Engineer
VII. BIDS AND PROPOSALS
A. Award the VERBS Safe Route to School Project to FBD Vanguard
Construction Inc. in the Total Amount of $651,952.67, Project No. 12 -PW -199
The staff report was presented by Traffic Engineer Dey.
Motion on Consent Calendar Item D.
Motion: to Award the VERBS Safe Route to School Project to FBD Vanguard
Construction Inc. in the Total Amount of $651,952.67, Project No. 12 -PW -199
Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat
Tucker.
Vote: Motion carried 7 -0.
Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council
Member Bob Dillon; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat
Tucker; Council Member Perry Woodward; Mayor Al Pinheiro
RESOLUTION NO. 2006 -26
RESOLUTION OF THE CITY COT 7NuIL OF THE CITY OF GILROY
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE ALL MASTER
AGREEMENTS, PROGRAM SUPPLEMENTAL AGREEMENTS, FUND
EXCHANGE AGREEMENTS, FUND TRANSFER AGREEMENTS AND ANY
AMENDMENTS FOR CERTAIN TRANSPORTATION PROJECTS ELIGIBLE FOR
FEDERAL AND /OR STATE FUNDING
WHEREAS, the City of Gilroy 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 City wishes to delegate authorization to execute these agreements and any
amendments thereto to the City Administrator and;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy that the City
Administrator be authorized to execute all Master Agreements, Program Supplemental Agreements, Fund
Exchange Agreements, Fund Transfer Agreements and any amendments thereto with California
Department of Transportation.
PASSED AND ADOPTED this 17th day of April, 2006 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, GARTMAN,
VELASCO, and VALIQUETTE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: CORREA and PINHEIRO
APPROVED:
/s/ RUSS VALIQUETTE
Russ Valiquette, Mayor Protempore
ATTEST:
/s/ RHONDA PELLIN
Rhonda Pellin, City Clerk
RESOLUTION NO. 2006 -26 -1-
3
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006 -26 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
17th day of April, 2006, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 18th day of April, 2006.
City Clerk of the City of Gilroy
(Seal)
DEPARTMENT OF TRANSPORTATION FINANCE LETTER Date: 11/06/2012
DIVISION OF ACCOUNTING Agency: 04- SCL -0 -GIL
LOCAL PROGRAM ACCOUNTING BRANCH Project No: RPSTPLE- 5034(024)
EA No:
Attention: City of Gilroy
Fed. Partic:
99.60% This Finance Letter was created based on specific financial information provided by the responsible local agency. The following
encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action.
Signature: - For questions regarding finance letter, contact:
Title: Sr. Area Engineer Printed Name : Peter B. Anderson
Telephone No: (916) 653 -8431
Remarks: ' $2,800 for utilities is non - participating.
IMPORTANT: Federallv funded Droiects AUTHORIZED
on
1. 2012 RC DBE procedures
Federally funded protects AUTHORIZED on July 1 through September 30 2012 and AWARDED that DO NOT COMPLY with the New Race Conscious DBE requirements will NOT be eligible for
ACCOUNTING INFORMATION _ RPSTPLE- 5034(024)
Adv. Proj. ID Approp. Unit State Prog. Fed /State Encumbrance Amount Approp Year Expenditure Amount Ecumbrance Balance Reversion Date
0412000416 11101 F 1 2030600731 F $697,000.00 1011 $0.00 $697,000.00 06/30/16
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