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Resolution No. 81671 2 3 4 5 6 7 M 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. M002 ADMINISTERING AGENCY - STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 07- 5139 BY AND BETWEEN THE CITY OF VERNON AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION WHEREAS, on August 18, 1998, the City Council of the City of Vernon adopted Resolution No. 7206 approving and authorizing the execution of an Administering Agency -State Agreement for Federal -Aid Projects No. 07-5139'and Program Supplement Agreement No. 006 to Local Agency -State Agreement (the "Agreements") with the State of California, acting by and through the Department of Transportation ("State"); and WHEREAS, in accordance with the Agreements, the City of Vernon received federal funds for a feasibility study of congestion and traffic management in the Alameda Corridor; and WHEREAS, on April 17, 2002, the City Council of the City of Vernon adopted Resolution No. 7944 approving and authorizing the execution of Program Supplement No. M001 to the Agreements providing for special covenants allowing additional funding for future phases of the intersection improvements project at Atlantic and Bandini Boulevards to be encumbered by use of a State approved "Authorization to Proceed" and Finance Letter rather than revisions to the Program Supplement Agreement; and WHEREAS, the State has requested that the City execute Program Supplement No. M002 to the Agreements providing for special covenants allowing additional funding for future phases of a bridge study at Atlantic Boulevard over the LA River (the "Project") to be 1 encumbered by use of a State approved "Authorization to Proceed and 2 Finance Letter rather than revisions to the Program Supplement 3 Agreement; and 4 WHEREAS, by letter dated February 27, 2003, Bruce V. 5 Malkenhorst, the City Administrator/City Clerk, has recommended that 6 Program Supplement No. M002 with the State for funding for the Project 7 be approved and executed. 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 9 CITY OF VERNON AS FOLLOWS: 10 SECTION 1: The City Council of the City of Vernon hereby 11 finds and determines that the recitals contained hereinabove are true 12 and correct. 13 SECTION 2: The City Council of the City of Vernon hereby 14 approves the Program Supplement No. M002 with the State, a copy of 15 which is attached hereto as Exhibit "A" and made a part hereof. 16 SECTION 3: The City Council of the City of Vernon hereby 17 authorizes the Mayor and the City Clerk to execute said Supplement 18 for, and on behalf of, the City of Vernon. 19 SECTION 4: The City Council of the City of Vernon hereby 20 directs the City Clerk, or his designee, to return two executed 21 Supplements together with a certified copy of this Resolution to: 22 Fardad Falakfarsa, Chief 23 Office of Project Implementation - MS1 Division of Local Assistance 24 State of California Department of Transportation 25 P. 0. Box 942874, MS# 1 Sacramento, CA 94274-0001 26 27 28 2 - 1 SECTION 5: The City Clerk of the City of Vernon shall 2 certify to the passage of this resolution, and thereupon and 3 thereafter the same shall be in full force and effect. 4 APPROVED AND ADOPTED this 5th day of March, 2003. 5�� • Z, F- LEONIS C. MALBUIbG, Mayor 6 ATTEST: 7 8 BRUCE V. MALKENHORST, City Clerk 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 _ 1 2 3 4 5 6I 7ii 8 9'' 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8167, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, March 5, 2003, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk. - 4 - EXHIBIT 0 PROGRAM SUPPLEMENT NO. M002 r to ADMINISTERING AGENCY -STATE AGREEMENT FAR FEDERAL -AID PROJECTS NO. 07-5139 Date: November 04, 2002 Location: 07-LA-0-VER Project Number:DBPL02-5139(010) E.A. Number:07-932107 This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between the Agency and the State on 09/28/98 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. , approved by the Agency on (See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: Atlantic Blvd over LA River TYPE OF WORK: Bridge Study LENGTH: 0 (MILES) Estimated Cost Federal Funds Matching Funds $352,838.00 Q060 $282,270.00 LOCAL $70,568.00 $0.00 OTHER $0.00 CITY OF VERNON BY LEONIS C. MALBURG, Mayor Date STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementatic Division of Local Assistance Attest Title BRUCE V. MALKENHORST, City Clerk Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Offic r Date (J �' o �--- $282,270.00 chapter Statutes Item Ye r P ram SC I Category Fund Source AMOUNT 379 2002 2660-102-890 2002- 20.30.010.300 C 224060 892-F 282,270.00 APPROVED AS TO FORM: By: EDUARDO OLIVO, City Attorney Program Supplement 07-5139-M002- ISTEA Page 1 of 3 07-LA-OVER DBPL02-5139(010) SPECIAL COVENANTS OR REMARKS 11/04/2002 1. The ADMINISTERING AGENCY will reimburse the STATE for the ADMINISTERING AGENCY share of costs for work requested to be performed by the STATE. 2. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the most current published Local Assistance Procedures Manual. 3 All project repair, replacement and maintenance involving the physical condition and the operation of project improvements referred to in Article III MAINTENANCE, of the aforementioned Master Agreement will be the responsibility of the ADMINISTERING AGENCY and shall be performed at regular intervals and as required for efficient operation of the completed project improvements. 4. The ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act and OMB A-133 if it receives a total of $300,000 or more in federal funds in a single fiscal year. The federal funds received under this project are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research. OMB A-133 superseded OMB A-128 in 1996. A reference to OMB A-128 in a Master Agreement (if any) is superseded by this covenant to conform to OMB A-133. 5. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration (FHWA) in the Federal -Aid Project Authorization/Agreement or Amendment/Modification (E-76) and accepts any resultant increases in ADMINISTERING AGENCY funds as shown on the Finance Letter, any modification thereof as approved by the Division of Local Assistance, Office of Project Implementation. 6. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after the project contract award. 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. 7. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available for new phase(s) of work by future Program Supplement 07-5139-M002- ISTRA Page 2 of 3 e i 07-LA-0-VER 11/04/2002 DBPIM-5139(010) SPECIAL COVENANTS OR REMARKS Federal obligations will be encumbered on this PROJECT by use of a STATE approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. 8. 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). Program Supplement 07-5139-M002- ISTEA Page 3 of 3 SUPPORTING DOCUMENTS CITY COUNCIL LEONI C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 City Council City of Vernon Honorable Members: CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 February 27, 2003 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Federal Funds in the amount of $282,270.00 were previously allocated for investigation of the widening & strengthening of the Atlantic Bridge over the Los Angeles River. In order receive & expend funds we must execute "Program Supplement No. M002 to Administering Agency - State Agreement for Federal -Aid Projects No. 07-5139." This matter has been reviewed by the Director of Community Services and Water and the City Attorney and it is hereby recommended that said Program Supplement be approved and executed. Very truly yours, Bruce V. MalkenhorAt City Administrator/City Clerk BVM/gm 4 OF vE8 �✓ e, `a� LT 11A9 COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce Malkenhorst, City Administrator FROM: Samuel Kevin Wilson, Director of Community Services & Water�f� DATE: February 26, 2003 SUBJECT: Atlantic Blvd. Bridge Over the Los Angeles River — Caltrans Program Supplement Agreement No. 002-M The U. S. House of Representatives at the request of CongresswomanLucille Roybal-Allard allocated $282,270.00 of federal funds for the investigation of the Atlantic Bridge over the Los Angeles River. The bridge is to be widened and strengthened and the investigation will outline the necessary construction, environmental documents and costs. The original allocation was $300,000.00 but the State of California reduced the allocation along with all other allocations provided to the State at this time. In order to expend the funds the City of Vernon must execute the program supplement to the Agency -State of California agreement. Please place the approval of this program supplement on the City Council agenda. After the City Council approves the supplement, the supplement should be executed and forwarded to the Department of Transportation. SKW/sn Enclosure c: City Attorney STATE OF CALIFORNIA. BUSINESS TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS Governor DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TDD (916) 654-4014 (916) 654-3151 Fax (916) 653-7621 December 4, 2002 DEC - 9 2002 Mr. Samuel Kevin Wilson Director of Community Services & Water City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Dear Mr. Wilson: File: 07-LA-0-VER DBPL02-5139(010) Atlantic Blvd over LA River Enclosed is an original and one copy of Program Supplement Agreement No. 002-M to Administering Agency -State Agreement No. 07-5139. The Division of Local Assistance has changed the format on all Federal Program Supplement Agreements. We no longer display the various phase(s) of work on the front page of these Program Supplement Agreements. We have included two new special covenants that allow any funding for future phases of this project be encumbered upon approval of the "Request for Authorization" and finance letter. The Program Supplement Agreement need not be revised for that purpose. However, 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" for that phase. Please review the covenants and sign both Program Supplement Agreements and return both to this office, Office of Project Implementation - MS1. 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 original of the agreement will be returned to you upon ratification by Caltrans. Your prompt action is requested. No invoices for reimbursement can be processed until the agreement is fully executed. Sincerely, 4ARDAD FALAKFARSA, Chief Office of Project Implementation, South Division of Local Assistance Enclosure c: DLA AE Project Files (07) DLAE - Kirk Cessna STATE OF CALIFORNIA. 13USINESS, TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS Governor DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TDD (916) 654-4014 (916) 654-3151 Fax (916) 653-7621 April 2, 2003 Mr. Samuel Kevin Wilson Director of Community Services & Water City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Dear Mr. Wilson: . C F �V APR - 9 2003 °®Y11Vi unity ��i jtlC2S File: 07-LA-0-VER DBPL02-5139(010) Atlantic Blvd over LA River ECEIVED a APR 10 2003 ADMINISTRATOR'S OFFICE Enclosed is your fully executed copy of Program Supplement Agreement No. 002-M to Administering Agency -State Agreement No. 07-5139 . Sincerely { FARDAD FALAKFARSA, Chief Office of Project Implementation, South Division of Local Assistance Enclosure c: DLA AE Project Files (07) DLAE - Kirk Cessna PROGRAM SUPPLEMENT NO. M002 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 07-5139 Date : November 04, 2002 Location: 07-LA-0-VER Project Number: DBPL02-5139(010) E.A. Nu nber:07-932107 This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between the Agency and the State on 09/28/98 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Agency on '3/.^I2..0027 (See copy attached). 3167 The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: Atlantic Blvd over LA River TYPE OF WORK: Bridge Study LENGTH: O(MILES) Estimated Cost Federal Funds Matching Funds $352,838.00 Q060 $282,270.00 LOCAL $70,568.00 $0.00 OTHER $0.00 CITY OF VERNON Date FiALbuxl}.; mayor t?�►?(DD_:LS Attest Title BRUCE V. MALKENHORST, City Clerk STATE OF CALIFORNIA Department- of Transportation By ©� 11 Chief, Office of Project Implementatic Division of Local Assistance Date i hereby certify upon my personal knowledge that ��budgeted funds are available for this encumbrance: Accounting Offic r //4��4'/ G Date ( $282,270.00 Chapter I Statutes 1 Item Ye r Program I BC I Category Fund Source AMOUNT 379 2002 2660-102-890 2002-2I APPROVED AS TO FORM: By EDUARDO OLIVO, Cit ttorney 20.30.010.300 C 224060 892-F 282,270.00 Program Supplement 07-5139-M002- ISTEA Page 1 of 3 07-LA-0-VER 11/04/2002 DBPL02-5139(010) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will reimburse the STATE for the ADMINISTERING AGENCY share of costs for work requested to be performed by the STATE. 2. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the most current published Local Assistance Procedures Manual. 3. All project repair, replacement and maintenance involving the physical condition and the operation of project improvements referred to in Article III MAINTENANCE, of the aforementioned Master Agreement will be the responsibility of the ADMINISTERING AGENCY and shall be performed at regular intervals and as required for efficient operation of the completed project improvements. 4. The ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act and OMB A-133 if it receives a total of $300,000 or more in federal funds in a single fiscal year. The federal funds received under this project are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research. OMB A-13.3 superseded OMB A-128 in 1996. A reference to OMB A-128 in a Master Agreement (if any) is superceded by this covenant to conform to OMB A-133. 5. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration (FHWA) in the Federal -Aid Project Authorization/Agreement or Amendment/Modification (E-76) and accepts any resultant increases in ADMINISTERING AGENCY funds as shown on the Finance Letter, any modification thereof as approved by the Division of Local Assistance, Office of Project Implementation. 6. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after the project contract award. 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. 7. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available for new phase(s) of work by future Program Supplement07-5139-M002- ISTEA Page 2 of 3 ,07-LA-0-VER 11/04/2002 DBPL02-5139(010) SPECIAL COVENANTS OR REMARKS Federal obligations will be encumbered on this PROJECT by use of a STATE approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. 8. 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). Program Supplement 07-5139-=02- ISTEA Page 3 of 3