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HomeMy WebLinkAboutAgenda Report - March 7, 2012 C-08AGENDA ITEM C; got yOF�CITY OF LODI O9<ifiOP��PCOUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Authorizing City Managerto Execute Departmentof Transportation Program Supplementto Administering Agreement for Harney Lane Grade Separation Project MEETING DATE: March 7, 2012 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Department of Transportation Program Supplementto Administering Agreement for Harney Lane grade separation project. BACKGROUND INFORMATION: On October 5, 2011, City Council approved the contract with Mark Thomas Company, Inc., of Sacramento for the preliminary design, environmental review, right of way engineering and preparation of plans and specifications for the Harney Lane grade separation project. The funding for this contract is provided by the Regional Surface Transportation Program that is administered by the State of California Department of Transportation. It is a requirement of the City to execute the above-mentioned Program Supplement, provided in Attachment A, in order to quality for reimbursement of costs incurred under the contract with Mark Thomas Company, Inc. Staff recommends adoption of the resolution. FISCAL IMPACT: FUNDING AVAILABLE: FWS/pmf Attachment Execution of the Program Supplement will enable reimbursement of consultant and staff costs. Not applicable. J/4) 2-"4 X_ F. Wally ndelin Public Works Director c APPROVED: -� Konradt Bartlam, City Manaaer K:\WP\PROJECTS\STREETS\HarneyGradeSeparation\CCaltransAgmt.doc 2/17/2012 PROGRAM SUPPLEMENT NO. N051 to ADMINISTERING AGENCY -STATE AGREEMENT FORFEDERAL-AID PROJECTS NO 10-5154 Exhibit A Adv Project ID Date: January27,2012 1000020648 Location: 10-SJ-0-LOD Project Number: STPL-5154(040) EA Number: Locode: 5154 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 10/20/09 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: Harner Lane and Union Pacific Railroad from Hutchins Street to Stockton Street in City of Lodi. TYPE OF WORK: Construction of Railroad Grade Separation. LENGTH:0.0(MILES) Estimated Cost Federal Funds Matching Funds $1,630,737.00 L240 $1,630,737.00 LOCAL $0.0 I OTHER CITY OF LODI STATE OF CALIFORNIA Department of Transportation By By Title Chief, Office cf Project Implementation Division cf Local Assistance Date Date Attest hereby certify upon my personal knowledgethat budgeted funds are available for this encumbrance: Accounting Off! Date 11/18 "Z" a $1.630.737.00 Chapter I Statutes Item Year Program BC I Category Fund Source AMOUNT Program Supplement 10-5154-NO51- ISTEA Page 1 of Clains Audits 1130120 3301 "C" Street, Rm 404 REQUISITION NUMBER/ CONTRACT NUMBER Sacramento, CA 95816 RQS-2660-101200000338 SUBJECT. Encumbrance Document VENDOR/ LOCALAGENCY City of Lodi CONTRACT AMOUNT $1,630,737.00 PROCUREMENTTYPE: Local Assistance 10000020648 ADA Notit 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. 10-SJ-0-LOD STPL-5154(040) SPECIAL COVENANTS OR REMARKS 01/27/2012 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 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 10-5154-NO51- ISTEA Page 3 of 3 RESOLUTION NO. 2012-15 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLEMENT NO. 051-N TO ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECT NO. 10-5154R FOR HARNEY LANE GRADE SEPARATION PROJECT NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve State of California Department of Transportation Program Supplement No. 051-N to Administering Agency -State Agreement for Federal -Aid Project No. 10-5154R for the Harney Lane Grade Separation Project; and BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Managerto execute agreement. Dated: March 7, 2012 hereby certify that Resolution No. 2012-15 was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 7, 2012, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Nakanishi, and Mayor Mounce NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS — None 1112 qe�� RANDI JOHL City Clerk 2012-15