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2012-030 - Job 10-19 University Ave Resurfacing (Shelburne Wy to Vasona)RESOLUTION 2012 -030 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER OR DIRECTOR OF PARKS & PUBLIC WORKS TO EXECUTE A PROGRAM SUPPLEMENT AGREEMENT UNDER THE MASTER AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR PPW JOB #10 -19 — UNIVERSITY AVENUE RESURFACING (SHELBURNE WAY TO VASONA DAM) PROJECT STPL - 5067(019) WHEREAS, the Town of Los Gatos (Town) 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 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 or Todd Capurso, Director of Parks & Public Works; and NOW, THEREFORE BE IT RESOLVED that Greg Larson, Town Manager or Todd Capurso, Director Parks & Public Works 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. 1 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21" day of May, 2012, by the following vote: COUNCIL MEMBERS: AYES: Steven Leonardis, Diane McNutt, Joe Pirzynski, Barbara Spector, and Mayor Steve Rice ABSENT: ABSTAIN: SIGNED: 24 /$ z MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: //-- UW(� AAik CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 2 STATE OF CALIFORNIA. BUSINESS,TRANSPORTATION AND HOUSING AGENCY Exhibit A 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 TTY 711 (916) 654 -3151 Fax(916)653 -7621 April 11, 2012 Mr. Todd Capurso Public Works Director City of Los Gatos 110 E. Main St. Los Gatos, CA 95030 Attn: Ms. Melissa Huang Dear Mr. Capurso: File : 04- SCL- 0 -LGTS STPL- 5067(019) EM University Avenue (Shelburne Way to Vasona Dam) Enclosed are two originals of the Program Supplement Agreement No. 009 -N to Administering Agency -State Agreement No. 04- 5067R. Please note that federal funding will be lost if you proceed with future phase(s) of the project prior to getting the "Authorization to Proceed" with that phase. Please review the covenants and sign both copies of this Agreement and return both to this office, Office of Project Implementation - MS1 within 60 days from the date of this letter. If the signed Agreements are not received back in this office within 60 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 copy of the executed agreement. Your pro7nptpction is requested. If you have questions, please contact your District Local Assistance Engineer. =cse� BILLS NDOV L, Office of Project Implementation - North Division of Local Assistance Enclosure c: DLA AE Project Files (04) DLAE - Sylvia Fung PROGRAM SUPPLEMENT NO. N009 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 04 -5067 Adv Project ID Date: April 2, 2012 0400020919 Location: 04- SCL- 0 -LGTS Project Number: STPL- 5067(019) E.A. Number: 04- 985782 Locode: 5067 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 08/28/07 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 (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: University Avenue (Shelburne Way to Vasona Dam) TYPE OF WORK: Road Rehabilitation L23E $500,000.00 $640 LENGTH: 0.0(MILES) 00167_1 $0.00 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: Accounting Officer_ r --.:._ - -_ _ Date �r 6 / _12_- $500.000.00 C hapter 1 Statutes I tem j Year P rogram BC Catego Fund Source A MOUN T OTHER Program Supplement 04. 5067 -N009- ISTEA Page 1 of 3 04- SCL- 0 -LGTS STPL- 5067(019) 0410212012 SPECIAL COVENANTS OR REMARKS 1• 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). 2. 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 Loca Programs Accounting - Office at 45 days prtorto — applicable flx`ed - fund - Reversion D pall - These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. 3. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 4. 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 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 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 Program Supplement 04- 5067 -N009- ISTEA Page 2 of 3 04= O-CL- 0 -LGTS 0 410 212 01 2 STPL - 5067(019) SPECIAL COVENANTS OR REMARKS 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 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 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 lmplementafion Ag­ree the State ay impose sanctions as prov'ide�c - for u 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). Program Supplement 04- 5067 -N009- ISTEA Page 3 of 3 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLEMENT. AND CERTIFICATION FORM PSCF (REV. 0112010) 7 of TO: S - IATE CONTROLLERS OFFICE DATE PREPARED: PROJECT NUMBER: Claims Audits 4/5/2012 0400020919 3301 "C" Street, Rm 404 REQUISITION NUMBER /CONTRACT NUMBER: Sacramento, CA 95816 RQS- 2660 - 041200000934 FROM: DEPARTMENT OF TRANSPORTATION ENCUMBRANCE DOCUMENTS VENDOR( CONTRACTOR: City of Los Gatos CONTRACT AMOUNT: $500,000.00 PROCUREMENT TYPE: LOCAL ASSISTANCE I HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNDS ARE AVAILABLE FOR THIS ENCUMBRANCE AND PURPOSE OF THE EXPENDITURE STATED ABOVE. CHAPTER I STATUTES J ITEM I YEAR I PECIP I TASK ISUBTASK AMOU 33 2011 X2660- 102 - 890 2011 -20121 2030010!810 2620/0400 I $500,000.00 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.