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HomeMy WebLinkAboutState of California - Federal Aid Project - VERBS Safe Route to School ProjectSTATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G. BROWN Jr., Governor DEPARTMENT OF TRANSPORTATION .::.. Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274 -0001 Ia- TTY 711 ) r (916) 654 -3883 `v'�'" Fax (916) 654 -2408 File 04- SCL -0 -GIL ' RPSTPLE- 5034(024) March 13, 2015 In Gilroy. Multiple Locations: Mr Rick Smelser Director of Public Works City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Dear Mr. Smelser Enclosed is your fully executed copy of Program Supplement Agreement No. 014 -N1 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, �1 WINTON EMMETT, Chief Office of Project Implementation - North Division of Local Assistance Enclosure c: DLA AE Project Files (04) DLAE - Sylvia Fung DEPARTMENT OF TRANSPORTATION FINANCE DIVISION OF ACCOUNTING LOCAL PROGRAM ACCOUNTING BRANCH Attention: City of Gilroy FINANCE I`T'EM9 PRO RATA OR TOTAL COST OF FEDERAL PART. FED. R LUMP SUM WORK COST Contract Items: $810,723 Utilities: $2.60 D Total: 1111113 ,32 3 Construction I Pro Rata $813.323.001 $8 101,728. _..._L_. Totals sa133t oo $81 Fed. Partic: 99.68% This Finance Letter was created based on specific financial encumbrance history is prepared by Local Assistance Acco Signature: TTtle: HQ Sr Area Engineer Remarks: ' $2,600 for utilities is non- participatlna. ` Previous State Advance Construction converted from M240 to M302. ACCOUNI Adv. Proj. ID Approp. Unit State Prog. Fed /State Encumbrance Amount 0412000416 11101F 2030600731 F $697,000.00 Page 1 of 1 Date: 03/1212015 Aoency: 04- SCL -0-GIL Prolect No: RPSTPLE - 5034(024) EA No: K FEDERAL FUNDS FEDERAL -rCWAI FUNDS L22E M302 $649.33553.010_ 147,647.00 $116,323.00 X5849,363.00 - _ -- $47,647.01 - $176,W& ation provided by the responsible Vocal agency. The following Office and is provided here for local agency's information and action. For questions renarding finance letter, contact: Printed Name: Peter B. Anderson Telephone No: 916 -653 -8431 INFORMATION _ RPSTPLE-5034AQ24_ f Approp Year Expenditure Amount i Encumbrance balance Reveralon Date -- -101 t — 3520,654.23 -- T= =176.345.77 06/30 Fe f PROGRAM SUPPLEMENT NO. N014 Rev. 1 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 04 -5034R Adv Project ID Date: September 29, 2014 0412000416 Location: 04 -SCL -0 -Gig Project Number: RPSTPLE - 5034(024; 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. 'DO 6-21, approved by the Administering Agency on "11-712-00(o (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(iAlLES) extend bicycle lanes. Estimated Cost Federal Funds Matching Funds L22E $649,353.00 LOCAL 07HER M302 $47,647.00 i 5813,323.00 1 $116,323.0 1 $0.00 CITY OF GILRO STATE OF CALIFORNIA Department of Tra portation By 1 J B Title «` �"'�'r �C��r /`� 41Chief, Office of Project Implementation -- Division of Local Assistance Date Date Attest I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting 0, i Date $697.000.00 Program Supplement 04- 5034R- N014 -R1- ISTEA Page 1 of 6 ST ATE .OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF(REV'0111010)— - -- -- - -- - - - - . - Pam c: Claims Audits 3301 "C" Street, Rim 404 Sacramento, CA 96616 Department of Transportation SUBJECT; Encumbrance Document VENDOR/ LOCAL AGENCY: CONTRACT AMOUNT: $697.000.00 PROCUREMENTTYPE:, Local Assistance REQUISITION NUMBER CT 0t6034014N 200041 U, 712 1 2010 1 2660 -101 -890 1 2011 j 20.30.600.731 1 2280/0100 1 S - 697.000,00 ADA NOtit 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. 64-SCL-0-GIL RPSTPu-5034(024) SPECIAL. COVENANTS OR REMARKS 09129/2014 Chapter Statute's Item Year Program BC f category Fund Source AMOUNT Program Supplement 04-5034R-N014-R1- ISTEA Page 2 of 6 04- SCL -0 -GIL 09/29/2014 RPSTPLE- 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 feast 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- 5034R- N014 -R1- ISTEA Page 3 of 6 04- SCL -0 -GIL 09/29/2014 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 4) 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 f_uture_allo- c- attons wi l -be encumbered on this PROJEC-T-b-y_ use of_a_ST_AT_E_a.p.p.r_ove.d. 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 r 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 components) 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 0445034R- N014 -R1- ISTEA Page 4 of 6 04-4SC L -0 -GI L 09/29/2014 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 Agreecne_ ntundngnd- eimbursement are-availabte- only-uporLthe- passage -o�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 80 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 STA-i E's approval of an applicable Finance Letter. ST. ATE 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, 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, cplor; 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- 5034R- N01'4 -R1- ISTEA Page 5 of 6 '04-SCL-0-GIL 09129/2014 RPSTPLE-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 Exclusion List. Exclusions can be found at www-sam.gov. Program Supplement 04-5034R-N 0 1 4-R1 - I STEA Page, 6 of 6 RESOLUTION NO. 2006 -26 RESOLUTION OF THE CITY COTUvUL 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 ".• �� /s/ RUSS VALIQUETTE Russ V aliquette, Mayor Protempore ATTEST: /s/ RHONDA PELLIN Rhonda Pellin, City Clerk RESOLUTION NO. 2006 -26 -1- I, 'RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached 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)