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HomeMy Public PortalAboutAgreement_2015-03-31_Department of Transportation_Agency-State_Agreement No 009-N_El Monte Ave Hwy Safety Improvement ProjectSTATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TTY 711 (916) 6543883 Fax(916)654-2408 April 13, 2015 Mr. Michael Forbes Community Development Director City of Temple City 9701 Las Tunas Drive Temple City, CA 91780 Dear Mr. Forbes: EDMUND G. BROWN Jr., Gbvemor r« File: 07-LA-0-TMPC HSIPL-5365(009) Along EI Monte Ave: Live Oak Ave & Lower Azua Rd; Lower Azusa Rd: EI Monte Ave & Baldwin; Baldwin Ae Enclosed is your fully executed copy of Program Supplement Agreement No. 009-N to Administering Agency -State Agreement No. 07-5365R and an approved Finance Letter. Please retain the signed Finance Letter for your records. In accordance to Government Code 16304, Federal and State funds appropriated by the State budget are available for disbursement for limited periods of time. The attached Finance Letter shows the deadlines for liquidation as "Reversion Dates". Please ensure that your invoices are submitted at least 60 days prior to the Reversion Date to avoid any lapse of funds. If your agency is unable to seek reimbursement by this date, you may request an extension through a Cooperative Work Agreement (CWA). A CWA is subject to the final approval of the State Department of Finance. If approved, the CWA may extend the deadline for up to one year to federal funds and up to three years for State funds. Please note that Government Code 16304 does not supersede any other more restrictive expenditure deadlines. Sincerely, /n ROBERT NGUYEN, Chief (Acting) Office of Project Implementation - South Division of Local Assistance Enclosure c: DLA AE Project Files (07) DLAE - David Sosa DEPARTMENT OF TRANSPORTATION FINANCE LETTER Date: 04/09/2015 DIVISION OF ACCOUNTING AQen :: 07-LA-0-TMPC LOCAL PROGRAM ACCOUNTING BRANCH Proiect No: HSIPL-5365(009) EA No: Attention: City of Temple Ci RNANCE ITEMS PR TA OR TAL COST OF FEDERAL PART. FED. REIMB % FEDERAL L LUMPSUM WORK COST M330 Agency Preliminary Engineering Lump sun $20.800.00 $20,800.00 90.00% $18,720.00 $2,080.00 Totals: $20.W0.0o ,800.00 0.00% $111,720.0111 $2.091.00 Fed. Partic: 100.00% This Finance Letter was created based on specific financial information provided by the responsible local agency. The following encumbrance history is preparedby Local Assistance unting Office and is provided here for local agency's information and action. Signature: 44 " !zi1 For questions regarding finance letter. contact: Tom' HO Sr. Area Engineer Remarks. This Finance Letter is prepared based on City's FL dated on 07/30/2014. Adv project ID: 0715000070 Printed Name: Nahed Abdin Telephone No: 916-653-7928 ACCOUNTING INFORMATION _ HSIPL-5365(009) Adv. Proj. ID Approp. Unit State Prog. Fed/State Encumbrance Amount Approp Year Expenditure Amount Encumbrance Balance 0715000070 14102F 2030010550 F $18,720.00 1314 $0.00 $18,720.00 Page 1 of 1 Reversion Date 06/30/19 PROGRAM SUPPLEMENT NO. N009 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 07-5365R Adv Project ID Date: September 19, 2014 0715000070 Location: 07-LA-0-TMPC Project Number: HSIPL-5365(009) E.A. Number: Locode: 5365 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 10/19109 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.is 506 j approved by the Administering Agency on foa:l+ (--+ 2pI5- (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. LOCATION: Along EI Monte Ave: Live Oak Ave & Lower Azua Rd; Lower Azusa Rd: EI Monte Ave & Baldwin; Baldwin Ave: Lower Azusa Rd & Live Oak: Broadway: Baldwin & Acadia in Temple City. TYPE OF WORK: Upgrade traffic signals; signs; and other safety improvements LENGTH: 0.0(MILES) MS30 $18.720.00 CITY OF TEMPLE CITY By -- ii Title QMMAWArg Date MAlrctt 31.2A15- _. Attest LOCAL OTHER $0.00 STATE OF CALIFORNIA Department of T By Offi a of Project Implementation Division of Local Assistance Date - I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Off _` Date ?��$18.720.00 Chapter Statutes Item Year Program BC Category : Fund Source AMOUNT i Program Supplement 07.5365R -N009- ISTEA Page 1 of 3 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV 0112010) Clains Audits 9119120141 0715000070 3301 "C" Street, Rm 404 REQUISITION NUMBER 1 CONTRACT NUMBER Sacramento. CA 95816 RQS-2660- 071500000302 FROM Department of Transportation SUBJE T'. Encumbrance Document VENDORILOCALAGENCY CITY OF TEMPLE CITY CONTRACT AMOUNT. $18,720.00 1809553 Local Assistance ADA NotllFor indw.duals wdh sensory disabilities, this document is available in alternate formats. For information Dell (915) 654-6410 of TDD (916) -3880 or w ile Records and Forms Management. 1120 N. Street. MS -89. Sacramento. CA 95814. 07 -LA -0 -TM P C 09/18/2014 HSIPL-5365(009) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 2. 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). 3. 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 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. 4• 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.). 5 Any State and Federal funds that may have been encumbered for this project are Program Supplement 07.5365R -N009- ISTEA Page 2 of 3 07-LA-0-TMPC HSIPL-5365(009) SPECIAL COVENANTS OR REMARKS 09/18/2014 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. 6. 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. 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 Exclusion List. Exclusions can be found at www.sam.gov. Program Supplement 07 -5365R -N009- ISTEA Page 3 of 3 Resolution No. 15-5069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING THE CITY MANAGER OF THE CITY OF TEMPLE CITY OR HIS DESIGNEE TO SIGN THE PROGRAM SUPPLEMENT AGREEMENT NO. 009-N TO ADMINISTERING AGENCY -STATE MASTER AGREEMENT NO. 07-5365R WHEREAS, the City of Temple City's EI Monte Avenue Highway Safety Improvement Program (HSIP) project currently has $282,900 of Federal Highway Safety Improvement Program funds allocated to the Project; and WHEREAS, these funds will require that they are managed in accordance with the State of California Department of Transportation (Caltrans) Local Assistance Procedures Manual (LAPM); and WHEREAS, on December 3, 2013, Caltrans approved the City's fund allocation application authorizing the City to utilize $282,900 of Federal funds for installing/upgrading stop signs and other regulatory signs, improving signal hardware and other safety related imorovements including installation of dynamic/variable speed warning signs along the roadway on EI Monte Avenue between Live Oak Avenue and Lower Azusa Road; Lower Azusa Road between EI Monte Avenue and Baldwin Avenue, Baldwin Avenue between Lower Azusa Road and Live Oak Avenue; and Broadway between Baldwin Avenue and Acacia Street. WHEREAS, Caltrans requires the City of Temple City to execute the Program Supplement Agreement No. 009-N to Administering Agency -State Master Agreement No. 07-5365R for the City's EI Monte Avenue HSIP Project, in order to be eligible to receive the Federal share of eligible Project costs; and WHEREAS, the City Council of the City of Temple City has approved and agreed to this Program Supplement Agreement to Master Agreement; and NOW, THEREFORE, the City Council of the City of Temple City does hereby resolve, determine and order as follows: Section 1. That the City Manager of said City, or his designee, is hereby authorized to sign said Agreements on behalf of the City. Section 2. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED AND ADOPTED by the governing body of the City of Temple City on this 17th day of March, 2015. Tom Chave , Mayor ATTEST: APPROVEWTOF RM: J L/ ') )� � Peggy Kuo, iter Clerk Eric a' .City Attorne Resolution No. 15-5069. Page 2 I hereby certify that the foregoing resolution, Resolution No. 15-5069, was duly passed, approved and adopted by the City Council of the City of Temple City at a regular meeting held on the 17th day of March, 2015. by the following vote: AYES: Councilmember- Sternquist, Yu, Chavez NOES: Councilmember- None ABSTAIN: Councilmember- Fish, Man ABSENT: Councilmember- None ' Peggy Kuo; itf OI rk CERTIFICATION- CITY OF TEMPLE CITY I, Marilyn Bonus, Deputy City Clerk of the City of Temple City, do hereby certify that the foregoing document is a full, true and correct copy of: Resolution No. 15-5069, A Resolution of the City Council of the City of Temple City authorizing Bryan Cook, the City Manager of the City of Temple City or his designee to sign the Program Supplement Agreement No. 009-N to administering Agency -State Master Agreement No. 07-5365R. The original document is on file in the Office of the City Clerk, City of Temple City, California. i//,RPMIl//ice Deputy City Clerk Dated: March 31, 2015 r