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05-24-2011 CC Rpt A08 RECEIVED COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY 2011 MAY 16 AM 7; 45 Meeting Date: May 24, 2011 OFFICE UI CITY CLERK r'.7:1-rt Public Hearing: CHINO HILLS _"! Discussion Item: Lij Consent Item: May 17, 2011 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: RATIFICATION OF AN AGREEMENT BETWEEN THE CITY OF CHINO HILLS AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION (CALTRANS) REGARDING THE PEYTON DRIVE WIDENING PROJECT RECOMMENDATION: Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS RATIFYING THE AGREEMENT BETWEEN THE CITY OF CHINO HILLS AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION (CALTRANS) REGARDING THE PEYTON DRIVE WIDENING PROJECT BACKGROUND/ANALYSIS: The City received funding from the Safe Accountable Flexible Efficient Transportation Equity Act— A Legacy for Users (SAFETEA-LU). These funds are administered by the Federal Highways Administration by their agent in California, the California Department of Transportation (Caltrans). On April 20, 2011, the City received obligation authority from Caltrans for Phase 2B of this project, the widening of Peyton Drive from English Road to Eucalyptus Avenue, The City received Program Supplement Agreement No. 006-N on May 9, 2011. The accompanying letter of instruction requires the contract be signed and returned within sixty (60) days or the funds will be disencumbered and/or de-obligated. Staff is asking the City Council to affirm the City Manager's authority to execute the Caltrans agreement and any amendments thereto via Resolution. The Resolution would also confirm the City Manager's authority to certify requests for reimbursement related to this grant agreement. Bg 1/8 AGENDA DATE: May 24, 2011 Page 2 SUBJECT: RATIFICATION OF AN AGREEMENT BETWEEN THE CITY OF CHINO HILLS AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION (CALTRANS) REGARDING THE PEYTON DRIVE WIDENING PROJECT REVIEW BY OTHERS: This agenda item has been reviewed by the City Attorney and the Finance Director. FISCAL IMPACT: There is no fiscal impact associated with this action. The grant funding is included in the FY 2010-11 Capital Improvement Program budget. Respectfully� submitted, Recommended by:(� • pesu Mic'hael S. Fleag'er, City Manager Steven C. Nix, City Engineer SN/A D/ps // Attachments: Program Supplement Agreement No. 006-N 2/8 RESOLUTION NO, 11R- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS RATIFYING THE AGREEMENT BETWEEN THE CITY OF CHINO HILLS AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION (CALTRANS) REGARDING THE PEYTON DRIVE WIDENING PROJECT WHEREAS, the Safe Accountable Flexible Efficient Transportation Equity Act—A Legacy for Users (SAFETEA-LU) includes funding for the City of Chino Hills for the Peyton Drive Widening Project; and WHEREAS, SAFETEA-LU funding falls under the purview of the Federal Highways Administration (FHWA); and WHEREAS, the California Department of Transportation acts as the agent for FHWA in the State of California; and WHEREAS, Peyton Drive Widening funding was included in the City of Chino Hills budget for fiscal year 2010-11; and WHEREAS, a grant contract was issued by the CALTRANS, Division of Local Assistance on April 28, 2011. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Chino Hills, does hereby resolve, determine, find, and order as follows: SECTION 1. That the City Council hereby affirms the City Manager's authority to enter into said agreement on behalf of the City of Chino Hills. SECTION 2. That the City Manager of the City of Chino Hills, or his designee, is authorized to certify that the City has, and will comply with, all applicable State and Federal statutory and regulatory requirements related to any Federal and State grants received. SECTION 3. That the City Manager of the City of Chino Hills or his designee is hereby authorized to negotiate and execute a grant agreement and any City of Chino Hills amendments or change orders thereto, and certify grant disbursements on behalf of the City of Chino Hills. SECTION 4. The City Clerk shall certify as to the adoption of this Resolution. 1 of 3 3/8 PASSED, APPROVED, AND ADOPTED this day of May. 2011. ED M. GRAHAM, MAYOR ATTEST: MARY M. McDUFFEE, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY 2 of 3 4/8 PROGRAM SUPPLEMENT NO. N006 Date: April 28, 2011 to Location: 08-SBD-O-CHNH ADMINISTERING AGENCY-STATE AGREEMENT Project Number HPLUL-5467(008) FOR FEDERAL-AID PROJECTS NO 08-5467R E.A. Number: 08-925225DfoLzQ L/q9 Locode: 5467 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 07/03/08 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. 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: Peyton Dr from English Rd to Eucalyptus Ave TYPE OF WORK: Roadway Widening from 4 to 6 lanes with bike lanes LENGTH: 0.0(MILES) Estimated Cost I Federal Funds I Matching Funds HY10 $963,072.00 LOCAL OTHER LY10 $948,334.00 $2,389,257.00 $477,851.00 $0.00 CITY OF CHINO HILLS STATE OF CALIFORNIA Department of Transportation By By Chief, Office of Project Implementation Title Division of Local Assistance Date Date Attest I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer ' .:�� Date ( Zct'f if $1,911.406.00 Chapter I Statutes Item Year Program BC Category ; Fund Source AMOUNT _. . ,.- ------- - I------- i i I I Program Supplement 08-5467R-N006-ISTEA Page 1 of 3 5/8 STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF(REV.0112010) Page of 1_ TO: STATE CONTROLLER'S OFFICE (DATE PREPARED: PROJECT NUMBER: Claims Audits 4128/2011 08-0002-0449 3301 "C"Street,Rm 404 REQUISITION NUMBER/CONTRACT NUMBER: Sacramento,CA 95816 080000000736 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR/ LOCAL AGENCY: CITY OF CHINO HILLS CONTRACT AMOUNT: $1,911,406.00 PROCUREMENT TYPE: Local Assistance CHAPTER STATUTES j ITEM YEAR PEC PECT TASK/SUBTASKAMOUNT 712 I 2010 I 2660-102-890 12010-2011 I 20.30.010.680 I 2620/0420 I $1,911,406.00 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I _L_ ADA NOtil For individuals with sensory disabilities,this document is available in alternate formats.For information,call(915)654.6410 of TDD(916).3680 or write Records and Forms Management,1120 N.Street,MS-69,Sacramento,CA 95814. 6/8 08-STD-O-CHNH 05/04/2011 FINAL-5467(008) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 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, 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. 4. 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 Pad 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 tor 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.). 5. As a condition for receiving federal-aid highway funds for the PROJECT, the Program Supplement 08-5467R-N006- ISTEA Page 2 of 3 7/8 03-SBD-0-CHNH 05/04/2011 VIM t1L-5467(003) SPECIAL COVENANTS OR REMARKS 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). 6. 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. 7- 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. Program Supplement 08-5467R-N006- ISTEA Page 3 of 3 8/8