University Avenue Resurfacing (Shelburne Way to Vasona Dam)�pW N OF
�os COUNCIL AGENDA REPORT
DATE: MAY 8, 2012
MEETING DATE: 05/21/12
ITEM NO:
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: PPW PROJECT NO. 10 -19 — UNIVERSITY AVENUE RESURFACING
(SHELBURNE WAY TO VASONA DAM) PROJECT.
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER OR
DIRECTOR OF PARKS & PUBLIC WORKS TO EXECUTE THE PROGRAM
SUPPLEMENT AGREEMENT UNDER THE MASTER AGREEMENT WITH
THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION.
RECOMMENDATION:
Adopt resolution (Attachment 1) authorizing the Town Manager or Director of Parks & Public
Works to execute the Program Supplement Agreement (Exhibit A) under the Master Agreement
with the State of California Department of Transportation.
BACKGROUND:
The State of California Department of Transportation (Caltrans) processes and administers
Federal and State grants to municipalities in California. Prior to use of such grants, Caltrans
requires municipalities to execute agreements with the State for the purpose of these grants.
The Town has utilized State and Federal grants such as: Intermodal Surface Transportation
Efficiency Act (ISTEA), Regional Surface Transportation Program (RSTP), Congestion
Mitigation and Air Quality Improvement Program (CMAQ), Transportation Enhancement
Activities Program (TEA), Safe Routes to School (SR2S), and Highway Bridge Replacement and
Rehabilitation Program (HBRR) in the past and the above referenced Caltrans agreements are
very standard on these grant funded projects.
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
Reviewed by: Assistant Town Manager Town Attorney � Finance
N:\PPW\MANAGEMENT\COUNCIL\COUNCILREPORTS\2012 Reports\May 21 \10 -19. University .Ave.Resurfacing.Approval of Master
Program Supplement.docx
PAGE 2
MAY 8, 2012
MAYOR AND TOWN COUNCIL
SUBJECT: PPW PROJECT NO. 10 -19 — UNIVERSITY AVENUE RESURFACING
(SHELBURNE WAY TO VASONA DAM) PROJECT.
DISCUSSION
With each State grant funded project, a Program Supplement Agreement specific to the project is
required to engage the terms of the Master Agreement between the Town of Los Gatos and the
State of California that has been in effect for many years.
The release of State and Federal funds can only take place upon signing of the Program
Supplement Agreement by an authorized official. The authorized official and the project must be
clearly identified in the resolution approved by the Town Council as required by Caltrans.
Funds will be released to municipalities after the official resolution is presented to Caltrans. This
can be done by signing the Program Supplement Agreement for the University Avenue
Resurfacing (Shelburne Way to Vasona Dam) Project, STPL - 5067(019).
This resurfacing project completes the resurfacing of University Avenue, a major collector street
that serves a large commercial and residential area of Los Gatos and is a major north/south
access road between Lark Avenue and Highway 9, also providing access to Highway 17.
This project will perform base repairs; storm drain improvements; curb, gutter, and sidewalk
construction; retaining wall construction; and new asphalt overlay for the section between
Shelburne Way and the Vasona Dam. This project completes the series of resurfacing projects
that have taken place on University Avenue over the past few years.
CONCLUSION
Staff recommends that the Town Council adopt a resolution (Attachment 1) authorizing the
Town Manager or Director of Parks & Public Works to execute the Program Supplement
Agreement (Exhibit A) under the Master Agreement with the State of California Department of
Transportation.
ENVIRONMENTAL ASSESSMENT
Council approval of the attached resolution is not a project defined under CEQA, and no further
action is required.
FISCAL IMPACT
The Town was awarded a $500,000 grant for this project from Caltrans. The adoption of this
resolution will authorize the acceptance of this grant funding.
PAGE 3
MAY 8, 2012
MAYOR AND TOWN COUNCIL
SUBJECT: PPW PROJECT NO. 10 -19 — UNIVERSITY AVENUE RESURFACING
(SHELBURNE WAY TO VASONA DAM) PROJECT.
Attachments:
1. Resolution authorizing the Town Council to adopt a resolution (Attachment 1) authorizing the
Town Manager or Director of Parks & Public Works to execute the Program Supplement
Agreement (Exhibit A) under the Master Agreement with the State of California Department
of Transportation.
Distribution:
Bill Sandoval, Chief, Office of Project Implementation, State of California Department of Transportation,
Division of Local Assistance, P. O. Box 942874, MS #1, Sacramento, CA 94274 -0001
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Attachment 1
RESOLUTION
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.
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:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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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)
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 resolu that clearly identifies the
project and the official authorized to execute the agreement. A fully executed copy of the 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 kNDOV on is requested. If you have questions, please contact your District Local Assistance Engineer.
Since
=c%iN BILL , Ve
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 vaas 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 l 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
LENGTH: 0.0(MILES)
Estimated Cost I_ _F ederal Funds I Matchi Funds
L23E $500,000.00 1 LOCAL
$640,000.001 1 $140,000.
$0.00
CITY OF LOS GATOS 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 i~r / _ $500.000.00
Ch apter 1 Statutes i tem Year Program BC ! C Fund Source A MOUN T
OTHER
Program Supplement 04- 5067 -N009- ISTEA Page 1 of 3
04- SCL- 0 -LGTS
04102/2012
STPL- 5067(019)
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 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 prloT - to - the applicable fixed - fund - - Reversion - Dare will - not be paid: - - - - -" -
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- 'SCL- 0 -LGTS
STPL- 5067(019)
SPECIAL COVENANTS OR REMARKS
04/02/2012
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 notifi to the Ad Ag ency of its fail ure to carry out its
------- DBE7niplementation Agreement, the - State may impose sanctions as provid - e - for un er --- " - - --- --
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
Administering Agency certifies that
key decision makers are on the
(EPLS).
NO members of the elected board,
Federal Government Excluded Pa
PROJECT, the
council, or other
ties List System
Program Supplement 04- 5067 -N009- ISTEA Page 3 of 3
STATE op CALIFORNIA. DEPARTMENT oF TRANSPORTATION
PROGRAM SUPPLEMENT AND CERTIFICATION FORM
paor(nev.o1xmm)
TO:
Claims Audits
3301 "C" Street, Rm4O4
Sacramento, CA 95816
DATE PREPARED:
41512012
REQUISITION NUMBER / CONTRACT NUMBER:
RQS-2860-041200000934
PROJECT NUMBER:
1mi
DEPARTMENT QFTRANSPORTATION
ENCUMBRANCE DOCUMENTS
VENDOR/ CONTRACTOR:
City bf Los Gatos
ZONTRACT AMOUNT:
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
STATUTES
ITEM
YEAR
PEC/PECT
TASKISUBTASK
AMOUNT
— 33
2011
2660-102-890
2011-2012
203001:0/810
2620/0400
$500,000.00
ADANotico For individuals with sensory disabilities, this document is available m alternate formats. For information, . (915)e54-6410 mTDm(916) -3u80mwrite
Records and Forms Management, 11oow. Street, we-80. Sacramento, oA 95814.
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