2012/05/08 City Council Resolution 2012-41RESOLUTION NO. 2012 - 41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING CITY MANAGER TO EXECUTE PROGRAM SUPPLEMENT
AGREEMENT NO. 011-N TO ADMINISTERING AGENCY —STATE
AGREEMENT NO. 04-5379R FOR FEDERAL FUNDING FOR THE
ARLEN DRIVE AND EAST COTATI AVENUE OVERLAYS PROJECT
(Federal Project # RPSTPLE- 5379(019) / City Project #2010 -07)
WHEREAS, the State of California Department of Transportation (Caltrans) and FHWA
has obligated $563,000 in Federal Surface Transportation Program funds for the construction
phase of the Arlen Drive and East Cotati Avenue Overlays Project;
WHEREAS, Caltrans has provided Program Supplement Agreement No. 011 -N in
accordance with Administering Agency — State Agreement for Federal Aid, 04 -5379R ( "Master
Agreement "), which, upon full execution, enables the City to request and receive Federal -aid
funds for the project;
WHEREAS, Caltrans has requested a certified enabling resolution identifying the project
receiving funding through Program Supplement Agreement No. 011 -N and the official
authorized to execute the Program Supplement Agreement.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert
Park that the City Manager is hereby authorized and directed to take all actions for and on behalf
of the City of Rohnert Park, including execution, if necessary, to effectuate the Program
Supplement Agreement 011 -N, in substantially similar form to the agreement attached hereto as
Exhibit "A" and incorporated by this reference, subject to minor modifications by the City
Manager or City Attorney, which authorizes Federal -aid Funding for the Arlen Drive and East
Cotati Avenue Overlays Project in accordance with the existing Master Agreement for Federal -
Aid between City and Caltrans, dated July 19, 2007.
DULY AND REGULARLY ADOPTED this 81" day of May, 2012.
CITY OF RROH�N' ERT RK
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Interim Deputy City Clerk
AHANOTU: AYE BELFORTE: AYE CALLINA� STAFFORD: AYE MACKENZIE: AYE
AYES: (5 ) NOES: (0 ) ABSENT: (0 ) ABSTAIN: (0 )
EXHIBIT 'A'
STATE OF CALIFORNIA. BUSINESS,TRANSPORTATION AND HOUSING 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
TTY 711
(916) 654 -3151
Fax (916) 653 -7621
April 5, 2012
Ms. Eydie Tacata
Management Analyst
City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
Dear Ms. Tacata:
pr*
C ly 01- I"iul HERT RA."Y.
File: 04- SON- 0 -RNPK
STPL - 5379(019)
Arlen Drive and East Cotati Avenue
Enclosed are two originals of the Program Supplement Agreement No. 011 -N to Administering Agency -State
Agreement No. 04- 5379R.
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 prompt action is requested. If you have questions, please contact your District Local Assistance Engineer.
Sincerely,
BILL SANDOVAL, Chief
Office of Project Implementation - North
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(04) DLAE - Sylvia Fung
PROGRAM SUPPLEMENT NO. N011
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 04 -5379
EXHIBIT 'A'
Adv Project 10 Date: March 29, 2012
0400021167 Location: 04- SON- 0 -RNPK
Project Number: STPL- 5379(019)
E.A. Number:
Locode: 5379
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 07/19/07 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:
Arlen Drive and East Cotati Avenue
TYPE OF WORK: Road Rehabilitation LENGTH: 0.0(MILES)
Estimated Cost Federal Funds Matching Funds
L23E $563,000.00 LOCAL OTHER
$795,665.00 $232,665.00 $0.00
CITY OF ROHNERT PARK STATE OF CALIFORNIA
Department of Transportation
By
Title
Date
Attest
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this q/ q1 `T '1
Accounting Officer U`� Date I $563,000.00
Chapter I Statutes I Item I Year I Program ' BC ( Category I Fund Source J_ AMOUNT
Program Supplement 04- 5379 -N011- ISTEA Page 1 of 3
EXHIBIT 'A'
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLEMENT AND CERTIFICATION FORM
PSCF (REV. 0112010)
Page 1 of 1
TO: STATE CONTROLLERS OFFICE DATE PREPARED: PROJECT NUMBER:
Claims Audits 4/3/2012 1 0400021167
3301 "C" Street, Rm :404 REQUISITION NUMBER/ CONTRACT NUMBER:
Sacramento, CA 95816 RQS- 2660 - 041200000921
FROM:
DEPARTMENT OF TRANSPORTATION
SUBJECT:
ENCUMBRANCE DOCUMENTS
VENDOR/ CONTRACTOR:
City of Rohnert Park
CONTRACT AMOUNT:
$563,000.00
PROCUREMENTTYPE:
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.
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.
EXHIBIT 'A'
04- SON- 0 -RNPK 03/2912012
STPL- 5379(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 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.
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- 5379 -N011- ISTEA Page 2 of 3
04- SON- 0 -RNPK EXHIBIT'A' 03/29/2012
STPL- 5379 (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 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.).
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- 5379 -N011- ISTEA Page 3 of 3