HomeMy Public PortalAbout7G Agency-State Agreement for Federal Aid; Program Supplement No. 004-N1 and Resolution No. 11-4733AGENDA
ITEM 7.G.
FINANCIAL SERVICES DEPARTMENT
MEMORANDUM
DATE: March 15, 2011
TO: The Honorable City Council
FROM: Jose E. Pulido, City Manager'
By: Monica Molina, Financial Services Manager
SUBJECT: APPROVE ADMINISTERING AGENCY -STATE AGREEMENT FOR
FEDERAL AID; PROGRAM SUPPLEMENT NO. 004-N1 (UPGRADE
TRAFFIC SIGNALS ON ROSEMEAD BOULEVARD AT LONGDEN
AVENUE AND BROADWAY) AND RESOLUTION NO. 11-4733,
AUTHORIZING CITY MANAGER TO SIGN PROGRAM SUPPLEMENT
RECOMMENDATION:
It is recommended that the City Council:
1. Approve Administering Agency -State Agreement for Federal Aid, Program
Supplement No. 004-N1 (Upgrade Traffic Signals on Rosemead Boulevard at
Longden Avenue and Broadway); and
2. Approve Resolution No. 11-4733, authorizing the City Manager to sign Program
Supplement Agreement No. 004-N1 to the Administering Agency — Federal Master
Agreement No. 07-5365R.
BACKGROUND:
1. During FY 2009-10, $1,011,500 in federal economic stimulus funding was
secured from the Federal Highway Administration (FHWA) through the American
Recovery and Relief Act (ARRA) for the following three projects: Installation of
Traffic Signal on Ellis Lane & Temple City Boulevard; Freer Street Asphalt
Concrete Overlay; and Traffic Signal Upgrades on Rosemead Boulevard.
2. The State of California is administering the ARRA program and authorized the
City to proceed with all projects. On October 6, 2009, the City Council approved
the Federal Master Agreement No. 07-5365R which includes the administering of
all federal aid funds.
3. Prior to any request of reimbursement of construction cost, the City Council must
approve the program supplement agreements. On November 17, 2009 the City
City Council
March 15, 2011
Page 2
Council approved Resolution No. 09-4642 for the administering Agency -State
Agreement for Federal -Aid Project; Program Supplement No. 004 (Upgrade of
Traffic Signals on Rosemead Boulevard at Longden Avenue and Broadway).
4. On October 25, 2010, Caltrans authorized $42,618 in Surface Transportation
Program Local (STPL) funds to be used for Change Order No. 1 to install new
poles and foundations (Upgrade of Traffic Signals on Rosemead Boulevard at
Longden Avenue and Broadway) at 100% reimbursement to ensure no General
Funds would be used to complete the project.
5. The City Council is being requested to approve Program Supplement No. 004-N1
(Upgrade of Traffic Signals on Rosemead Boulevard) and Resolution No. 11-
4733 which is required by the State of California in order to request
reimbursement of construction costs. This program supplement includes the
$42,618 in STPL and the original $124,174 in ARRA funds.
ANALYSIS:
American Recovery and Relief Act (ARRA) funds were secured and the State of California
is administering the program. During FY 2009-10, the State authorized the City to proceed
with the Upgrade of Traffic Signals on Rosemead Boulevard at Longden Avenue and
Broadway Project. In order to request reimbursement from the State, the City Council
approved Program Supplement No. 004. Due to a change order to install new poles and
foundation, Caltrans authorized the use of Surface Transportation Program Local (STPL)
funds for these expenditures. In order to request reimbursement from the State, the City
Council is requested to approve Resolution No. 11-4733 and Program Supplement No.
004-N1.
FISCAL IMPACT:
This agenda item has no fiscal impact.
CONCLUSION:
Staff is recommending the City Council approve Resolution No. 11-4733 and Program
Supplement No. 004-N1 (Upgrade Traffic Signals on Temple City Boulevard & Las
Tunas Drive and Baldwin Avenue & Olive Street).
ATTACHMENTS:
1. Program Supplement No. 004-N1
2. Resolution No. 11-4733
RESOLUTION NO. 11-4733
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA, AUTHORIZING THE CITY
MANAGER OF THE CITY OF TEMPLE CITY, OR THE
INTERIM CITY MANAGER, TO SIGN THE PROGRAM
SUPPLEMENT AGREEMENT NO. 004N1 TO THE
ADMINISTERING AGENCY — FEDERAL MASTER
AGREEMENT NO. 07-5365R
WHEREAS, the State of California Department of Transportation has requested
that the City of Temple City sign the Program Supplement Agreement No. 004N1 to the
Administering Agency — Federal Master Agreement No. 07-5365R and;
WHEREAS, the City Council of the City of Temple City has approved and agreed
to this Master Agreement and Supplement Agreement.
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 the Interim City Manager, is
hereby authorized to sign said Agreement on behalf of the City.
SECTION 2. The City Clerk shall certify to the passage and adoption of this
resolution.
APPROVED AND ADOPTED this 15111 day of March, 2011,
MAYOR
ATTEST.
City Clerk
I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution,
Resolution No. 11-4733 was duly adopted by the City Council of the City of Temple City
at a regular meeting held on the 151h day of March, 2011 by the following vote:
AYES: Councilmember -
NOES: Councilmember -
ABSENT: Councilmember -
City Clerk
PROGRAM SUPPLEMENT NO. N004 Rev. 1
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 07-5365R
Date:
Location:
Project Number:
E.A. Number:
Locode:
February 4, 2011
07-LA-0-TMPC
ESPL-5365(005)
07-933385
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 10/19/09 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:
Rosemead BI @ intersection Longden Ave & Broadway
TYPE OF WORK: Upgrade Traffic Signals LENGTH: 0.0(MILES)
Estimated Cost
Federal Funds
Matching Funds
$166,792.00
L230 $42,618.00
C240 $124,174.00
LOCAL
$0.00
OTHER
$0.00
CITY OF TEMPLE CITY
By
Title
Date
Attest
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
hereby certify upon my pejonal knoyvledge that budgeted funds are available for this encumbrance:
Accounting Officer
Item
Year
Date M//
$166.792.00
Chapter
Statutes
Program
BC
Category
Fund Source
AMOUNT
Program Supplement 07 -5365R -N004 -R1- ISTE Page 1 of 4
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV. 0112010)
Page of
TO: STATE CONTROLLER'S OFFICE
Clains Audits
3301 "C" Street, Rm 404
Sacramento, CA 95816
DATE PREPARED:
2/4/2011
PROJECT NUMBER:
0700001699
REQUISITION NUMBER / CONTRACT NUMBER:
RQ5070000000995
FROM;
Department of Transportation
SUBJECT:
Encumbrance Document
VENDOR/ LOCAL AGENCY:
CITY OF TEMPLE CITY
CONTRACT AMOUNT:
$42,6'18.00
PROCUREMENT TYPE:
Local Assistance
I HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNDS ARE AVAILABLE FOR THIS
EMCUMBRANCE AND PURPOSE OF THE EXPEDNITURE STATED ABOVE.
CHAPTER
712
STATUTES
2010
ITEM
2660-102-890
YEAR
2010-2011
PEC 1 PECT
20.30.010.810
TASK/SUBTASK
2620/0400
• 'AMOUNT
$ • • • 42,618.00
ADA Noti f For individuals with sensory disabilities, this document is available in allemate formals 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-0-TMPC
ESPL-5365(005)
SPECIAL COVENANTS OR REMARKS
02/04/2011
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. As a condition for receiving federal -aid highway funds for the PROJECT, the
Program Supplement 07 -5365R -N004 -R1- ISTE Page 2 of 4
07-LA-0-TMPC
ESPL-5365(005)
SPECIAL COVENANTS OR REMARKS
02/0412011
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).
6. This project is financed, in whole or in part, with federal funds from the American
Recovery and Reinvestment Act of 2009 (Recovery Act). ADMINISTERING AGENCY
agrees:
1) Statutory provisions contained in Chapter 1 of Title 23 United States Code (U.S.C.)
are applicable to all Recovery Act funded projects,
2) Costs incurred prior to the date of authorization are NOT eligible for reimbursement
with federal Recovery Act funds,
3) Federal Prevailing Wage Rate requirements apply to all Recovery Act funded
construction projects regardless of location (including projects on local roads and rural
minor collectors, and Transportation Enhancement projects outside the highway right of.
way). ADMINISTERING AGENCY agrees to include the appropriate wage rate
information in the contract and also include a contract provision that overrides the general
applicability provisions in form FHWA-1273, Sections IV and V,
4) To expend and invoice for all Recovery Act funds prior to using other funds, and
5) To comply with the reporting requirements, terms and conditions set forth in Sections
1201 and 1512 of the Recovery Act and as designated by the STATE. Failure to comply
will result in retentions from progress payments due ADMINISTERING AGENCY and/or
other sanctions,
6) Recovery Act funds are available for liquidation only until September 30, 2015 when
the remaining balance of Recovery Act funds will expire. ADMINISTERING AGENCY
agrees to submit an invoice for the balance of project Recovery Act funds (if any) to the
STATE prior to July 1, 2015.
7. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local 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.
8. Any State and Federal funds that may have been encumbered for this project are
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
Program Supplement 07 -5365R -N004 -R1- ISTE Page 3 of 4
07 -LA -0 -TM P C
ESPL-5365{005}
SPECIAL COVENANTS OR REMARKS
02/04!2011
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 Departments 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.
Program Supplement 07 -5365R -N004 -R1- ISTE Page 4 of 4