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2011-019-PPW Job 10-05 Agency State Master AgreementRESOLUTION 2011 -019 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A PROGRAM SUPPLEMENT AGREEMENT UNDER THE MASTER AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR PPW JOB #10 -05 - SAFE ROUTES TO SCHOOL FUNDS FOR THE BLOSSOM HILL ROAD SIDEWALK AND BICYCLE LANE PROJECT SR2SL- 5067(018) WHEREAS, the Town of Los Gatos (Town) is eligible to receive Federal and /or State finding 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 can be claimed; and WHEREAS, the Town wishes to delegate authorization to execute this program supplement agreement (Exhibit A) and any amendment thereto to the Greg Larson, Town Manager; and NOW, THEREFORE BE IT RESOLVED that Greg Larson, Town Manager be authorized to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and any amendment thereto with the California Department of Transportation. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4th day of April, 2011, by the following vote: COUNCIL MEMBERS: AYES: Steven Leonardis, Diane McNutt, Steve Rice, Barbara Spector, Mayor Joe Pirzynski NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: C ERIC DMINISTR TOR OF THE TOWN OF LOS GATOS LO GA OS, CALIFORNIA STATE O F C BUSI N ESS, TRANSPORTATION AND HOUSIN AGENCY EDMUND G. BROWN Jr. Governo DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET EXHIBIT A� P.O. BOX 842874, MS# 1 1 `' Sacramento, CA 94274.0001 TTY 711 (916) 654 -3151. Fax (916) 653 -7621 File : 04- SCI-- 0-1-GT8 March 8, 2011 SR2SL- 5087(018) Blossom Hill Rd. from Cherry Blossom Ln. to Camino del Cerro Mr. Kevin Rohani Town Engineer & Assistant Director City of Los Gatos 41 Miles Avenue Los Gatos, CA 95031 Dear Mr. Reheat: Enclosed are two originals for both the Administering Agency -State Master Agreement No. 003408, and the Program Supplement Agreement No, OH93 Rev. 000 . Please sign both originals of those two Agreements and return them to this office, Office of Local Programs - MS1wilhin 90 days from the date of this letter. If the signed Agreements are not received back in this office within 90 days, funds will be disencumbered and/or deobligated, Alterations should not be made to the agreement language or funding. Attach your local agency's certified authorizing resolution that clearly Identifies the project and the official authorized to execute the agreement, A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. No Invoices for reimbursement can be processed until the agreement Is fully executed. A copy of the State approved finance letter, containing the fund encumbrance and reversion date information will be mailed to you with your copies of the executed agreements. sd. If you have questions, please contact your District Local Assistance Engineer, BILL SANDOVAL, Ctfiief Office of Project Implementation - North Division of Local Assistance Enclosures c: OLP AE Project Files (04) DLAE - Sylvia Fung PROGRAM SUPPLEMENT NO. H93 to ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO 003403 Date: February 17, 2011 Location: 04-S C L- 0 -LGTS Project Number: SR2SL- 5067(018) E.A. Number: 04- 985775 Locode: 5067 . This Program Supplement, effective , hereby adopts and incorporates into the Administering Agency -Slate Agreement No. 003405 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of and Is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed In accordance wlth 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 encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the fallowing pages. PROJECT LOCATION: Blossom Hill Rd. from Cherry Blossom Ln. to Camino dal Cerro TYPE OF WORK: Construct curb, gutter, sidewalks, and curb ramps with minor paving and striping; install crosswalks Estimated Cost State Funds Matching Funds it $990,000.00 STATE $450,000.00 LOCAL $540,000.0 Title OTHER .. $O.00 CITY OF LOS GATOS STATE OF CALIFORNIA Department of Transportation By BY Title Chief, 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: - od f7 Accounting OFfrceF — Date $450,000.00 Program Supplement 00340S.1-193- SERIAL Page d of 4 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLME14T AND CERTIFICATION FORM PSCF (REV. 0112010) ➢age_ of_ Clain Audits 2JIU120111 0408020834 3301 "C" Street, Rm 04 REQUISITION NUMBER ( CONTRACT NUMBER: Sacramento. CA 96816 ROS- 2660. 040000000979 Department of Transportati SUBJECT: - _ - -- Encumbrance Document VENOOR /LOCAL AGENCY: TOWN OF LOS GATOS CONTRACT AMOUNT: $456,000.00 PROCUREMENTTYPE: ADA Notit ForindividuBlswllh sensory disabl06es, this document is available in alternate formats, For infmmallon, call (915) 654-6410 vfT➢D (916) -3880 or wAlo Records and Forms Mawaament, 1120 N. Steel, MS -69, Sacremwo, CA 99614. 04SCL- 0•LGTS I SR2SL- 5067(018) 0310712011 SPECIAL COVENANTS OR REMARKS Program Supplement 00- 3408 -H93- SERIAL Page 2 of 4 04•SCL- 0 -LGTS SR2SL- 5067(018) 03107/2011 SPECIAL COVENANTS OR REMARKS 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. 2. 1. This PROJECT is funded with State -only funding from the Safe Route to School (SR2S) Program. 2. ADMINISTERING AGENCY agrees to administer PROJECT in accordance with the SR2S Program Guidelines under which the project was selected, 3. This PSA allows reimbursement of eligible PROJECT expenditures to the ADMINISTERING AGENCY for which the SR2S State funds are allocated. The effective State allocation date establishes the eligibility date for the ADMINISTERING AGENCY to start reimbursable work, Any work performed prior to the effective allocation date is not eligible for reimbursement from the SR2S funds. 4. ADMINISTERING AGENCY agrees that SR2S funds available for reimbursement will be, limited to the amount allocated and encumbered by the STATE consistent with the scope of work in the STATE approved application. Funds encumbered may not be used to increase the scope of work after a project is awarded for construction unless approved by the Statewide SR2S Coordinator prior to performing work. Future allocations of SR2S funds will be encumbered by use of a STATE approved Allocation Letter and Finance Letter. 5. ADMINISTERING AGENCY agrees to the program delivery and reporting requirements established for the applicable SR2S Program funding cycle. 6. ADMINISTERING AGENCY agrees to provide contract award information to the State prior to submitting the first invoice for construction of this PROJECT. The required Construction Contract Award Information is available at the Caltrans Safe Routes to School (SR2S) Project Implementation web site: http:www.dot.gov/hq/LocalPrograms/saferoutes/sr2s 7. The ADMINISTERING AGENCY agrees to follow all relevant State laws and requirements Including the California Environmental Quality Act (CEQA). 8. The ADMINISTERING AGENCY agrees to submit the "Final Report of Expenditures" to the DLAE within six (6) months of project completion in accordance with Section 17.5 of the Local Assistance Procedures Manual (LAPM). 3. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB) Circular A -87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to Program Supplement 00.3405 -H93• SERIAL Page 3 of 4 04- SCL- O -LGTS 'SR2SL- 5067(018) 03/0712011 SPECIAL COVENANTS OR REMARKS State and Local Governments, Notwithstanding the foregoing, ADMINISTERING AGENCY shall not be required to comply with 49 CFR, Part 18,36 (i), subsections (3),(4), (5), (6), (8), (9), (12) and (13). 4. 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. Program Supplement 00- 3405 -H93- SERIAL Page 4 of 4