HomeMy Public PortalAbout12) 7H Agreement to Administering Agency-State Master Agreement For Federal Funded Emergency Repair; and Adopt Resolution No. 14-4973 tCOMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: February 18, 2014
TO: The Honorable City Council
FROM: Tracey Hause, Acting City Manager/Administrative Services Direct
By: Robert Sahagun, Public Safety and Services Manager
AGENDA
ITEM 7.H.
SUBJECT: PROGRAM SUPPLEMENT AGREEMENT TO ADMINIS ERING
AGENCY-STATE MASTER AGREEMENT FOR FEDERAL F NDED
EMERGENCY REPAIR; AND ADOPT RESOLUTION NO. 1 -4973
AUTHORIZING THE ACTING CITY MANAGER TO SIGN SAID
AGREEMENT
RECOMMENDATION:
It is recommended that the City Council:
a) Approve the Program Supplement Agreement No. 008-N to Administering Agency
State Master Agreement No. 07 -5365R (Windstorm Damage Emergency
Opening/Debris Removal Project) (Attachment "A"); and
b) Adopt Resolution No. 14-4973 (Attachment "B") authorizing the Acting City
Manager to sign the Program Supplement Agreement No. 008-N to Administering
Agency-State Master Agreement No. 07 -5365R (Windstorm Damage Emergency
Opening/Debris Removal Project).
BACKGROUND:
1. On Thursday, December 1, 2011, the City issued a Declaration of a Local
Emergency due to a strong windstorm that impacted Southern California, causing
significant damage to the community . Such damage included a high number of
uprooted trees, broken tree limbs, and downed power poles and power lines.
Emergency response efforts were necessary to clear roadways from debris and
obstruction.
2. January, 2013, the City submitted an application to the California Department of
Transportation (Caltrans) for reimbursement of Federal funds for emergency
repairs and removal of debris caused by a windstorm response in November and
December, 2011.
City Council
February 18, 2014
Page 2 of 2
3. In March, 2013, Caltrans made a request for an approved Damage Assessment
Form (DAF) and details of cost estimates as part of Federal requirement for
funding 100% of damage repairs for emergency opening and debris removal of
City streets and public right-of-ways that the City incurred as part of the
aforementioned windstorm.
4. On December 24, 2013, Caltrans notified the City that necessary funds have been
allocated (Attachment "C") and any work done on the project would be eligible for
reimbursement.
5. On January 9, 2014, Caltrans sent the City the Program Supplement Agreement to
the Administering Agency-State Master Agreement for Federal Funded
Emergency Repair (Attachment "D"). This Agreement must be signed by
authorized City personnel and returned to Caltrans within 60 days of this date.
Upon receipt and ratification of the signed agreement, Caltrans will return to the
City a fully executed copy of the agreement. Caltrans will not process any invoice
from the City for reimbursement until the agreements are fully executed.
ANALYSIS:
After the State of California declared a State of Emergency for Los Angeles County on
December 10, 2011, the City submitted an application to California Department of
Transportation (Caltrans) for reimbursement of Federal funds for the emergency
response and removal of debris from City streets caused by the windstorm. The City
submitted all necessary forms and documents including a detailed breakdown of actual
costs incurred by the City resulting from the cleanup activities associated with the
windstorm's aftermath.
The total cost incurred by the City resulting from the windstorm was $303,643.73. Of
which, the City was eligible to be reimbursed $197,290 for costs associated with the
emergency opening and debris removal of City streets and public right-of-ways.
The City has begun the preparation of an invoice per Caltrans Local Assistance
Program Manual (LAPM) to submit to Caltrans for reimbursement only after the City
receives a fully executed Program Supplement Agreement No. 008-N to Administering
Agency-State Master Agreement No. 07-5365R. Subsequent to the City's submittal of
said invoice, the City will be reimbursed the full requested amount of $197,290.
CONCLUSION:
The City Council is requested to adopt Resolution No. 14-4973 authorizing the Acting
City Manager to sign the Program Supplement Agreement to the Administering Agency-
State Master Agreement.
City Council
February 18, 2014
Page 3 of 2
FISCAL IMPACT:
A revised estimated revenue for this reimbursement is included and recommended in
the FY 2013-14 Mid-Year Budget Report on your agenda.
ATTACHMENTS:
A Program Supplement Agreement No. 008-N to Administering Agency-State Master
Agreement No. 07 -5365R
B. Resolution No. 14-4973
C. Caltrans Letter Authorizing Federal ERGO Funds
D. Caltrans Letter Requesting The City To Sign The Agreement
ATTACHMENT "A"
PROGRAM SUPPLEMENT NO. N008
to
ADMINISTERING AGENCY-STATE· AGREEMENT
~O~FED~RAL-AIO. P~OJECTS NO 07-5365R
Adv Project ID Date: Jariliary 2, 2014
0713b00255 Location: 07-LA-0-TMPC
Project Number: ER-20W0(~02)
E.A. Number:
Locode: 5365
Tiii~ Program Supplement her'ebyaoopts and incorporates the Administering Agency-State Agree.rrlent for Federal Aid
V(hiOh was el'1tered info between t~e Admihist~rlng Agency and. the State on 1 0/19/0!:) and is subject to all the terms and
qon,ditions :t~~reof, "('his Progr.am Supplement is execute~ in accordance with ~ic le I of th~ aforementioned Master
Agreement under:authority of Resolution No. approved by, tne Administering Agency on
·(See copy attached) ..
The Administering Agency further stipulates that as a condition to the payment by the .State of any funds derived from
sources noted oelow obligated to this PROJECT, the Administering Agency accepts and will comply with the -special
'covenants pr remarks set forttJ on the foiJowing pages·, ·
Var~ous. st in TempJe City., DAF# MKN-TEMP-001-0
TYPE OF WQR!(r Em!;)rgency Opening,d~bris remov~l
es1fmated-c0$f ·· ,. --Federal Funds · ··-· ·
• • r .. -,_, __ l. .,,.,-'-•i-.•..-·---... ~ . ...,., ......... ~···-·~
, ER60 $197;290.00 \
$197,2~o.tto l
.CITY OF TEMPLE CITY
By
TiUe ..A.£!=ing Ci.i~Y MaJ!age:r ___ _
·oate Jarm~IY 27_,201.9 ....
.Attest ----·-·-·--···
LOCAL.
$Q.oo:
LENGJH: O.O(M ILES)
OTHER
STATE OF CALIFORNIA
Department of Transportation·
$0.00
By -
Chief, Office of Project !ri'lplementation
Division o( local Assistance
Date·
I hereby certity· upc;n · thy personal knowledge that bud!:jeted funds are available fo r th is encumb ra·nc·e':
Accountfn~Officer ~ ~ Date ;~py $-197,290.00
· Chapter ,; _St~tutes Fund. Source
i
··-.:L..--· ~--..·-1
; -r--· . -r
-· :L-----'---· -r-
--i -i--i -
1
1
~ r
-!-----
; i ..
}Jrogram Supplel'l:'ieiit 07i;5365R-N008-ISTEA Page 1 of4
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV. 01120iO)
TOe STATE CONTROLLER'S OFFICE
Cia ins Audits
FROM:
3301 ''C'' Street, Rm 404
Sacramento, CA 95816
Department of Transportation
SUBJECT:
Encumbrance Document
VENDOR I LOCAL AGENCY:
CITY OF TEMPLE CITY
CONTRACT AMOUNT·
PROCUREMENT TYPE:
Local Assistance
CHAPTER STATUTES ITEM
20 2013 2660-102-0890
YEAR
2013-2014
.
Page_cf_
DATE PREPARED: PROJECT NUMBER:
11612014 0713000255
REQUISITION NUMBER f CONTRACT NUMBER:
RQS-2660-071400000686
$197,290.00
PEC I PECT TASK I SUBTASK AMOUNT
2030010650 2250/0000 197,290.00
ADA Noti( For individuals with sensory disabilities. this document is available in alternate formats. For information, call (915) 654-6410 ofTDD (9i6) -3880 or write
Records and Forrr.s Management, 1120 N. Stree~ MS-89, Sacramento, CA 95814.
I
07 ·LA.O· TMPC
E~-2t!W0{002)
SPECIAL COVENANTS OR REMARKS
0110212014
1. The work eligible for Federal Reimbursement shall be performed by the ADMINISTERING
AGENCY eith$r by using their own forces or by contract. The ADMINISTERING AGENCY
m!l.st \Je able to identify the costs incurred at each site and b,e subject to an audit for
verificatibn.
2. All project repair, replacement and maintenance involving the physical condition and the
operation __ of project. improvements referred to in Article Ill 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
operi;ltion of the completed proJect improvements.
3. The ADMINISTERING AGENCY is required to have an audit in accordance with the
Single Audit Act andOMB A-133 if it receives a total of $500,000 or more in federal funds
in a single fispa! year. The federal funds received under this project are a part of the
GC>ti:\logu!o of Federal Domestic Assistance . (CFDA) 20.205, Highway Planning &
Research. OMB A-133 superceded OMB A,1.28 in 1996. A re)erence to OMB A-128 in
a Master Agreement (if any). is superceded by thi~;> covenant to conform to ,OMB A·133.
4. STATE ahd ADMINISTERING AGENCY agree that any additional funds which might be
made available for new Jlhase(s) of Work by future Federal obligations may be
encumbered on this PROJECT by use of a STATE approved "Authorization to Proceed"
and Finan<;e Letter. ADMINISTERING AGENCY agrees that Federal funds available for
reimbursement will be limited to the amounts obligated by the Federal Highway
Administration,
5. ADMINISTERING AGENCY agrees .that it will only proceed with work authorized for
specificpha~e{s) with an "Autl}orizatian to Proceed" and will not proceed with future
phase(s) oHhis project prior to receiving an "Authorization to Proceed" from the STATE
for that phas€)(S) unless no further State or Federal funds are needed for those future
ph~e(S).
6. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to
the amountsapproved by the Federal Highway Administrati.on (FHWA) in the Federal-Aid
Project Authorization/Agreement or Alnendment!Modilication (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
Progran1 Mi:\nagernent.
7. ''ADMJNIST!::RING 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 wiH notify the STATE immediately, in the event
a suspension or a debarment happened after the execution Cif this agreement."
8. ADMINISTERING AGENCY agrees, as a minimum, to submit invoiGes at leastonce.every
six month1> commencing after the funds are encumbered for each phase by the execution
Program Supplement 07 -5365R-N008· !$lEA Page z of4
07 ·LA·IY· Tii'IPC
ER-20WO(Q02)
SPECIAL COVENANTS OR REMARKS
0110212014
of this Proj~>ct Program Supplement Agreement, or by STATE's approval of an applicable
Finance Le~er. STATE reserves the right to suspend f\.lture a\.lthori;z:ationsfobligations for
Federal aid projects, or encumberances for State funded proje.cts, 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
.?9tees to submit for each phase a written explanation of the absence of PROJECT
activity along with target billing d.ate and target billing amount.
ADMINI.STERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report ofExpellditures" 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
san¢tions upon AOMINISJERlNG AGENCY In accordance. with the current Local
Assistance Procedures Manual.
9; Tpe Administering Agency shall not discriminate . on the. basis of race, relig.ion, age,
disability, color, nation§ll origin, or sex in the award and performance of any Federal-
assisted contract or in !he administration of its DBE Program Implementation Agreement
The.Adniir')istering .Agency shall taj(e all necessary and reasonable. steps un(ler 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 ofthe DBE Implementation Agreement,
inC:I\lding hvt not l.imited to tirnely reporting of DBE commitments <;~!ld utilization;· is a legal
obHgation 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 IJ11plementation Agreement, the State may impose sanctions as provided for under
49 GFR Part 26 and may; ih appropriate cases, refer the matter for enforcement under 18
U.S,C. 1001 and/orthe Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
10. AWard information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance EnQtineer within 60 days of project contract award or with the. submittal
oftheADMINISJERING AGENCY's first invoice for the construction contract, whichever
is earlier.
Failure to do so will cause a delay in the State processing invoice$ for the construction
phase. ·
Please refer to Section 15.7 ''Award Package" of the Local Assistance Procedures
ManuaL
11. Ahy State and Federal funds that may have been encumbered fdr tllis project are
available for disbursement for limited periods of time. For each fund encumbrance the
Program Supplement 07-5365R-Nooa,JSTEA Page3 of4
07-lA.O-TMPC
ER·20W0(0()2:)
SPECIAL COVENANTS OR REMARKS
0110212014
limited period is from the start of the fiscal year that the specific fund was appropriated
within th;:; Stat19 Budget Act to the applicable fund Reversion bate shown on the State
approved pr0)19ct finance letter. Per ~ov19mment Cope Section 16304, all project funds
not liquidated within these periods will revert unless an executed Cooperative Work
Agrel9rnentextending 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 A$sistance Engineer at least 75 days prior to the applicable fund Reversion bate to
avoid the laps19 of applic;able funds. Pursuant tl) a directive from the State Controller's
Office and the Department of Finance; in order for payment to be made, the last datE) the
District Local Assistance Engineer can forward an invoice for payment to the
Department's Local Programs Aocounting Office for reill1hursable work for funds that are
going to revert at the end of a particular fiscal year is May 15th of the particular fiscal
year. Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and .avail<1ble to fund project work, any invoice for reimbursement involving
;:~pplicable funds that is not received by the Dep;'!rtment's Local Programs Accounting
Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid.
These uneXpended funds wUI .be irrevocably reverted by the Department's Division of
Accounting on the applicable fund Re\lernion Date.
12. Disaster No, CA12"2 (So CaiVVindstorm)-Emergency Openiryg work will be reimbursed
at 100% if completed within 180 days from the date of the Governor's Proclamation. The
Governor's Procfamatioh is dated Npvember 30, 2011. .ADMINI$TERING AGENCY
records must clearly identify those costs incurred on or after November 30, 2011.
ln.curr19d costs are defined as 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 wqrk, including prel.iminary
engineering will be reimbursed at an 88.53% ratio. The ADMIH3TERING AGENCY will be
responsible for the matching requirement.
Program Supplement 07·53.65R-NOOS-ISTEA Page 4 of4
ATTACHMENT "8"
Resolution No. 14-4973
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. 008-N TO ADMINISTERING
AGENCY-STATE MASTER AGREEMENT NO. 07-5365R.
WHEREAS, the City of Temple City's Windstorm Damage Emergency Opening/Debris
Removal Project currently has $197,290 of Federal Emergency Repair (ER60) 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 24, 2013, Caltrans approved the City's fund allocation
application authorizing the City to utilize $197,290 of Federal funds for emergency opening and
debris removal activities; and
WHEREAS, Caltrans requires the City of Temple City to execute the Program
Supplement Agreement No. 008-N to Administering Agency-State Master Agreement No. 07-
5365R for the City's Windstorm Damage Emergency Opening/Debris Removal Project, in order to
be eligible to receive 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 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 18th day of February, 2014.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
I hereby certify that the foregoing resolution, Resolution No. 14-4973, was duly passed,
approved and adopted by the City Council of the City of Temple City at a regular meeting held
on the 18th day of February, 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Council member-
Councilmember-
Councilmember-
Councilmember-
CERTIFICATION-CITY OF TEMPLE CITY
I, Peggy Kuo, 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. 14-4973, 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. 008-N to Administering Agency-State Master Agreement No. 07 -5365R and the
The Original document is on file in the Office of the City Clerk, City of Temple City, California.
Peggy Kuo
City Clerk
Dated: February 18, 2014
FEDERAL AID PROGRAM
DLA LOCATOR:
PREFIX: ER
PROJECT NO: 20W0(002)
AUTHORIZATION I AGREEMENT SUMMARY-(E-76)
PROJECT LOCATION:
VARIOUS STREETS IN TEMPLE CITY
TYPE OF WORK:
ATTACHMENT "C"
CALIFORNIA DEPARTMENT OF TRANSPORTATION
SEQ NO: 1 EMPERGENCY OPENING, DEBRIS REMOVAL
FED RR NO'S:
PREV AUTH I AGREE DATES:
STATE PROJ N0:0713000255L-N
AGENCY: TEMPLE CITY
ROUTE:
TIP DATA
~ SCAG
FSTIPYR: 11/12
STIP REF:
DISASTER NO: CA2012-2
BRIDGE NO'S:
PROG CODE
ER60
FUNDING SUMMARY
PHASE
PE
RlW
CON
LINE NO
30
IMPVTYPE
44
PREV. OBLIGATION
THIS REQUEST
SUBTOTAL
PREV. OBLIGATION
THIS REQUEST
SUBTOTAL
PREY. OBLIGATION
THIS REQUEST
SUBTOTAL
PUC CODES:
PROJ OVERSIGHT: DELEGATED/LOCAL ADMIN
ENV STATUS I DT: CAT EXCL-PROG 10/2912012
RWSTATUS/DT: 1 02119/2013
INVRTE:
BEG MP:
END MP:
FUNCSYS _M __ _ URBAN AREA
LOS ANGELES
PROJECT COST
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$197,290.00
$197,290.00
TOTAL: $197,290.00
STATE REMARKS
URB/RURAL
URBAN
FEDERAL COST
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0,00
$197,290.00
$197,290,00
$197,290.00
PE:
RJW:
CON:
SPR:
MCS:
OTH:
DEMO ID
ACCOST
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
03/18/2013 This request for authorization for Windstorm disaster CA2012-2 in various location of Temple City. The project repair work consist of debris removal in various locations within Temple City
FEDERAL REMARKS
AUTHORIZATION
AUTHORIZATION TO PROCEED WITH REQUEST:CON
FOR: CONSTRUCTION
DOCUMENT TYPE: AAGR
SIGNATURE HISTORY FOR PROJECT NUMBER 20W0(002}AS OF 12130/2013
FHWA FMIS 4.0 SIGNATURE HISTORY
MOD# SIGNED BY
SHUN HUEY
JOSUE M. YAMBO
VENESHIA SMITH
SIGNED ON
12/24/2013
12/24/2013
12/24/2013
PREPARED IN FADS BY: NGUYEN, MAl KHOI
REVIEWED IN FADS BY: MCWILLIAM, TERESA
SUBMITIED IN FADS BY: MCWILLIAM, TERESA
PROCESSED IN FADS BY: HUEY, SHUN
APPROVED IN FMIS BY: VENESHIA SMITH
ON 09/16/2013 897-2951
ON 12/16/2013
ON 12/16/2013 FOR CAL TRANS
ON 12/24/2013 FOR FHWA
ON 12/24/2013
FHWA FMIS 3.0 SIGNATURE HISTORY
CAL TRANS SIGNATURE HISTORY
DOCUMENT TYPE SIGNED BY
AUTH/AGREE MCWILLIAM, TERESA
SIGNED ON
12/16/2013
STATE OF C ALIFORN IA-CA LIFORNIA STATE TRANSPORTATION AGE NCY
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274 -0001
TTY 71 1
(916) 654-3883
Fax (9 16) 654-2408
January 9, 2014
Ms. Cathy Burroughs
Park & Recreation Director
C ity of Temple City
9701 Las Tunas Drive
Temple City, CA 91 780
Attn: Mr. Jose Bulido
Dear Ms. Burroughs:
ATTACHMENT "D"
ED MUN D G . BROW N Jr., G ov ernor
File : 07-LA-0-TMPC
ER-20W0(002)
Various st in Temple City, OAF#
MKN-TEMP-001-0
Enclo sed are two originals of the Program Supplement Agreement No. 00 8-N to Ad ministering Ag e ncy-State
Agreement No. 07-5365R.
Please note that federal funding will be lost if yo u proceed with future phase(s) of the project prior to getting
the "Authorization t o Proceed" with that phase.
Please review the covenants and sign both copies of this Agreement and rettJ rn 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 CERTIFIE D AUTHORI Z ING RESOLUTION
THAT CLEARLY IDENTIFIES THE PROJECT AND THE OFFIC IAL AUTHORIZED TO EXECUTE T HE AGREEMENT.
A f ully executed copy of the agreement will be returned to you upon ratification by C altrans. No invoices for
reimbursement can be processed unti l the agreement is fully executed .
A copy of the State approved finance letter containing the fund encumbrance and reversion date information w ill be
mailed to you with your copy of the executed agreement.
Y our prompt action is requested. If you have questions , please contact your District Local Ass istance Engineer.
Sincerely , •
~'4tclz/~
APRIL NIT SOS, Chie f
Office of Active Transportation and Special Programs
Div ision of Local Assistance
Enclosu re
c: DLA AE Project Files
(07) DLAE -David Sosa