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Home My Public Portal AboutAgreement_2014-01-09_Department of Transportation_Program Supplement Agreement No. 008-N, Administering Agency-State Agreement No. 07-5365R WindstormSTATE 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)654-3883 Fax (916) 654-2408 January 9, 2014 Ms. Cathy Burroughs Park & Recreation Director City of Temple City 9701 Las Tunas Drive Temple City, CA 91780 Attn: Mr. Jose Bulido Dear Ms. Burroughs: EDMUNDG. BROWN Jr., Governor File : 07-LA-0-TMPC ER -20W0(002) Various st in Temple City, DAF# MKN-TEMP-001-0 Enclosed are two originals of the Program Supplement Agreement No. 008-N to Administering Agency -State Agreement No. 07-5365R. Please note that federal funding will be lost if you proceed with future phases) 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 executetl agreement. Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer. Sincerely, APRIL NITSOS, Chief Office of Active Transport ation and Special Programs Division of Local Assistance Enclosure c: DLA AE Project Files (07) DLAE -David Sosa RESOLUTION NO, 12-4795 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY PROCLAIMING TERMINATION OF LOCAL EMERGENCY WHEREAS, a local emergency existed in the City of Temple City in accordance with the resolution thereof by the City Council on the 1" day of December, 2011, as a result of conditions of extreme peril to the safety of persons and property caused by high winds, fires, downed power poles and power lines, and downed trees; and WHEREAS, the situation resulting from said conens of extreme peril is now deemed to be within control of the normal protective services, personnel, equipment, and facilities of and within said City of Temple City. NOW, THEREFORE, the City Council of the City of Temple City, Slate of California, does herby proclaim the termination of said local emergency. SECTION 1. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED on this 7" day of February 2012. MAYOR ATTEST: City Clerk U I hereby certify that the foregoing resolution, Resolution No. 12-4795, was duly passed, approved and adopted by the City Council of the City of Temple City of a regular meeting held on the 7'" day of February, 2012, by the following vote: AYES: Councilmember-Blum, Sternquist, Vizcarra, Yu, Chavez NOES: Councilmember-None ABSENT: Councilmember-None ABSTAIN: Councilmember-None City Clerk U PROGRAM SUPPLEMENT NO. N008 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 07-5365R Adv Project ID Date: January2, 2014 0713000255 Location: 07-LA-0-TMPC Project Number: ER -20W0(002) E.A. Number: Locode: 5365 This. ProgramSupplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 10/19/09 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: Various st in Temple City, DAF# MKN-TEMP-001-0 TYPE OF WORK: Emergency Opening,debris removal LENGTH: 0:0(MILES) Estimaked Cost. Federal Funds ER60 _ $197,290.00 $197,290.00'', CITY OF TEMPLE CITY By I-�- Title Acting ity Manager Date Jar:uary 27,20L4 Attest Matching Funds LOCAL. OTHER $0.00, $0.00 STATE OF CALIFORNIA Department of Transportation By Office of Project Implementation sion of Local Assistance I hereby certify upon my personal�knowledge that budgeted funds are available for this encumt5rance`. Accounting Officer / { � Date IAII ri $497,290.00 �- Chapter Statutes Item Year Program SC Category Fund Source :AMOUNT Program Supplement 07=5�65R-N008-iSTEA Page'lof4 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 01/2010) Clains Audits 3301 "c" Street, Rm 404 Sacramento, CA 95816 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR/LOCALAGENCY: CITY OF TEMPLE CITY 2ACTAMOUNT: REQUISITION NUMBER /CONTRACT NUMBER: PegeOf 0713000255 $197,290.00 PROCUREMENTTYPE: Local Assistance ADA NOtil 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. 07-LA-041MPG ER -20W010021 SPECIAL COVENANTS OR REMARKS 01102/2014 j. The work eligible for Federal Reimbursement shall be performed by the ADMINISTERING AGENCY either by using their own forces or by contract. The ADMINISTERING AGENCY must be able to identify the costs incurred at each site and be subject to an audit for verification. All project repair, replacenlent 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. 3. 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 $500,000 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 & Research. OMB A-133 superceded 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-1336 4. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available for new phase(s) of work by future Federal obligations may be encumbered on this PROJECT by use of a STATE approved "Authorization to Proceed" and Finance tetter, ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration, 5: ADMINCSTERING AGENCY agrees that it wil[ 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 than phase(s) unless no further State or Federal funds are needed for those future phase(s). 6, 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 AmendmentlModification (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 Program Management. 7: "ADMINISTERING AGENCY certifies that neither the ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this agreement. ADMINISTERING AGENCY agrees that it will notify the STATE immediately, in the event a suspension or a debarment happened after the execution of this agreement." 8: 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 Program suppisinent 07 -9365R -N008- ISTEA Page 2 of 4 07-LA-O-TMPC ER40W01002p SPECIAL COVENANTS OR REMARKS 01iID212014 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, 9; 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_). 10: Award infomlation shall be submitted by the ADMINISTERING AGENCY to the District Laval Assistance Engineer within 60 days of project contract award or with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract, whichever is earlier. 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. 11, .Any State and Federal funds That may have been encumbered for .this project are available for disbursement far limited periods of time. For each fund encumbrance the Prt3grarn Supplement oi-S385R-N008- ISTEA Page 3 of 4 07-LA-O-TMPC Er-2owotoa2l SPECIAL COVENANTS OR REMARKS 09102/2014 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 isnot 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, 12. Disaster No. CA12-2 (Sa Gal Windstorm) -Emergency Opening work. will be reimbursed at 100% if completed within 180 days from the date of the Governor's Proclamation. The Governor's Proclamation is dated November 30, 2011. ADMINISTERING AGENCY records must clearly identify those costs incurred on or after November 30, 2011. Incurred costs are definedas disbursements made or in process goods and services delivered. Emergency Opening work completed after May 27, 2012. will be funded at the federal -aid reimbursement ratio of 88.53%. Restoration work, including preliminary engineering will be reimbursed at an 88.53% ratio. The ADMIISTERING AGENCY will be responsible for the matching requirement.