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HomeMy WebLinkAboutReso - CC - 070-2012RESOLUTIONNO. 70-2012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CALTRANS UNDER THE TRANSPORTATION FOR LIVABLE COMMUNITIES GRANT FUNDING PROGRAM (TLC) FOR THE BURLINGAME PEDESTRIAN LIGHTING PROJECT; CITY PROJECT NO. 83040 WHEREAS, the City submitted an application to the Metropolitan Transportation Commission (MTC) for $301,000 in grant funding from the federal Transportation for Livable Communities (TLC) Program for Burlingame Pedestrian Lighting Project, City Project #83040.; and WHEREAS, this project includes the replacement of 35 year-old lighting fixtures with new light -emitting diode (LED) units to provide safer, brighter lighting within the Burlingame Avenue and Broadway districts; and WHEREAS, in order to proceed with reimbursable procurement and work under the grant funding conditions, the City adopt a resolution authorizing approval of a Program Supplemental Agreement with Caltrans, which serves as the grant administrator for MTC; and WHEREAS, the grant amount is $301,000 and the city's local match, or City contribution, is $39,000, for a total project amount of $340,000; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burlingame as follows: 1. All of the facts recited above and in the accompanying staff report are true and correct. 2. The City Council hereby approves and authorizes the City Manager to execute an agreement with Caltrans under the Transportation for Livable Communities grant funding program (TLC) for the Burlingame Pedestrian Lighting Project; City Project No. 83040, in a form as attached and incorporated herein as exhibit "A( " — V C.eE `Q Jerry Deal, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council on the 1st day of October, 2012, and was adopted thereafter by the following vote: AYES: Councilmembers:BAYLOCR, BROWNRIGG,REIGHRAN, NAGEL NOES: Councilmembers: NONE ABSENT: Councilmembers: DEAL Mary Pilen Kearney, City Clerk PROGRAM SUPPLEMENT NO. N025 Adv Project ID Date: April 23, 2012 to 0412000189 Location: 04 -SM -0 -BURL ADMINISTERING AGENCY -STATE AGREEMENT Project Number: 'CML -5171(019) FOR FEDERAL -AID PROJECTS NO 04-5171 E.A. Number: Locode: 5171 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 08/21/08 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: Broadway, California Drive, Burlingame Ave TYPE OF WORK:: Pedestdan,Walkway LENGTH: 0,0(MILES) Estimated Cost Federal Funds Matching Funds $340,000.00 L40E $301,000.00 LOCAL $39,000.00 OTHER $0.00 CITYO"URLINGAME By Title Date Attest STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date ' hereby certify upon my personal knowledge+h-t budgeted funds are available for this encumbrance: Accounting Officer Date i $301,000.00 Chapter Statutes Item Year Program BC Category . Fund Source AMOUNT Program Supplement 04-5171-N025- ISTEA Page 1 of 3 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLEMENT AND CERTIFICATION FORM PSCF (REV. 01/2010) Claims Audits 3301 "C" Street, Rm 404 Sacramento, CA 95816 DEPARTMENT OF TRANSPORTATION PREPARED: PROJECT NUMBER: 4/25/2012 1 0412000189 ISITION NUMBER/ CONTRACT NUMBER: ENCUMBRANCE DOCUMENTS VENDOR CONTRACTOR: City of Burlingame CONTRACT AMOUNT: $301,000.00 PROCUREMENT TYPE: - LOCAL ASSISTANCE I HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNDS ARE AVAILABLE FORTHIS ENCUMBRANCE AND PURPOSE OF THE EXPENDITURE STATED ABOVE. ADA Notice For individuals with sensory disabilifies, this document is available In alternate formats. For Information, call (916) 6546410 of TDD (916) -3080 cr wdta .. Records and Fortes Management, 1120 N. Sheet, MS -09, Sacramento, CA 95814. " 04�3M-0-BURL CML -5171(019) SPECIAL. COVENANTS OR REMARKS 0412312012 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 thisproject 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). 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 lastdate 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 authorizationslobligations 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 04-5171-N025- ISTEA Page 2 of 3 04 -SM -0431.1111- 04/2312012 CML -5171(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, ederal-assistedcontracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Impiementation of the QBE 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 OBE 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 04-5171-N025- ISTEA Page 3 of 3