HomeMy Public PortalAbout11) 7H Program Supplement Agreement No 010-N to Administering Agency State Master Agreement No 07-5365R for TC Blvd ProjectCity Council
November 17 , 2015
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4 . In September2015 , the E-76 was issued and Caltrans notified the City that $134 ,700
in STPL funds had been obligated for the Preliminary Engineering phase , and that
any work done from that date forward would be eligible for reimbursement.
5 . On October 5, 2015 , the City received the Program Supplement Agreement to the
Adm inistering Agency-State Master Agreement from Caltrans for City approval.
ANALYSIS:
Administe ring Agency-State Master Agreement No. 07-5365R serves as the Master
Agreement between the City and Caltrans for all funding that is administered by Caltrans .
Each project for which funds are awarded requ ires a separate Program Supplement
Agreement that is supplemental to the Master Agreement. Prior to beginning a project for
which federal reimbursement will be requested , every project or phase thereof
(Preliminary Engineering , Environmental , Right of Way, and Construction) must be
formally authorized by Caltrans and requires a separate federal authorization .
As a result of the issuance of the E-76 for the Preliminary Engineering phase , Caltrans
sent the Program Supplement Agreement for the City's review and approval. The
Program Supplement Agreement must be approved by the City Council , signed by the
City Manager, and returned to Caltrans . Caltrans will not process any invoices from the
City for reimbursement of project expenditures until the agreement is executed.
CITY STRATEGIC GOALS:
Approving the Program Supplement Agreement would further the City Strategic Goals of
Public Health and Safety , Quality of Life , and Sustainable Infrastructure . Th is action
would also further implementation of the City 's Bicycle Master Plan , which calls for
installation of bicycle lanes on Temple City Boulevard.
FISCAL IMPACT:
STPL funds in the amount of $134 ,700 have been programmed for the Preliminary
Engineeri ng phase of the project. This amount is included in the Fiscal Year 2015 -16 City
Budget allocation for this capital improvement project (CIP P15 -06).
ATTACHMENTS:
A. Resolution No . 15-5131
B. Program Supplement Agreement
ATTACHMENT A
RESOLUTION NO. 15-5131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ,
CALIFORNIA AUTHORIZING THE CITY MANAGER OR HIS/HER DESIGNEE TO
SIGN THE PROGRAM SUPPLEMENT AGREEMENT NO . 010-N TO
ADMINISTERING AGENCY-STATE MASTER AGREEMENT NO . 07 -5365R FOR
THE TEMPLE CITY BOULEVARD PROJECT
WHEREAS, the City of Temple City's Temple City Boulevard Highway Safety
Improvement Program (HSIP) project currently has $970,300 of Federal HSIP funds and
$438,000 of Surface Transportation Program-Local (STPL) 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, in September 2015, Caltrans notified the City that STPL funds for the
project's des ign and environmental (preliminary eng ineering) phase in the amount of $134 ,700
has been obligated and any work done on the project from that date on would be eligible for
reimbursement ; and
WHEREAS, Caltrans requires the City of Temple City to execute the Program
Supplement Agreement No . 010-N to Administering Agency-State Master Agreement No . 07-
5365R for the City 's Temple City Boulevard HSIP 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 ag reed to this
Program Supplement Agreement to Master Agreement.
NOW, THEREFORE, the City Council of the City of Temple City does hereby resolve,
determine and order as follows :
SECTION 1. The City Manager of the City of Temple City , or his/her designee , 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 .
PASSED, APPROVED and ADOPTED on this 171h day of November, 2015 .
Tom Chavez , Mayor
ATTEST: APPROVED AS TO FORM :
Peggy Kuo , City Clerk Eric S. Vail , City Attorney
Resolution No . 15-5131
Page 2
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) ss
CITY OF TEMPLE CITY
I hereby certify that the forego ing resolutio n , Resolution No . 15-5131 , was duly passed ,
approved and adopted by the City Council of the City of Temple City at a regular meeting held
on the 17 1h day of November, 2015 , by the follow ing vote :
AYES :
NOES:
ABSTAIN :
ABSENT:
Councilmember-
Councilmember-
Councilmember-
Councilmember-
Peggy Kuo, City Clerk
STA TE OF CALI FORNIA DEPARTM ENT OF TRANSPORTATIO N
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV. 01/2010)
TO STATE CONTROLLER'S OFFICE
Clains Audits
FROM:
3301 "C" Stree t, Rm 404
Sac ramento, CA 9581 6
Department of Transportation
SUBJEC :
Encumbrance Document
V END OR I LOCAL AGENCY :
CITY OF TEMPLE CITY
CONT RAC T AMOUNT
PROC UREMEN T TYPE
Local Assistance
CHAPTER STAT UTES ITEM
2 5 2014 26 60-102 -0890
YEAR
201 4/2015
-
Page_ol_
DATE PRE PAR ED: PROJECT NUMBER.
9/29 /2015 0716000088
REQUISITION NUMBER I CONTRACT NUMBER
RQS-2660-071600000251
PEC I PECT TASK /SUBTASK
2030010810 2620/0400
$134,700.00
AMOUNT
134 ,70 0.00
ADA Notii For ondov oduals woth sensory disabllobes. thos document os avaolab!e on alternate formats For lnforma toon. call (915) 654-6410 of TOO (916) -3880 or wnte
Records and Forms Management 1120 N Street MS·89, Sacramento. CA 9581 4
I
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07-LA-0-TMPC 09/25/201 5
• STPL-5365(010)
.SPECIAL COVENANTS OR REMARKS
1. A. The ADMIN ISTERI NG AGENCY wi ll advertise, award and adm inister this project in
accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTER ING AGENCY agrees tha t it will only proceed w ith work authorized for
specific phase(s) wi th an "Authorization to Proceed " and will not proceed with future
phase(s) of this project prior to receivi ng an "Authorization to Pro ceed " from the STATE
f o r that phase(s) unl ess no further State or Federa l fun ds are needed for t hose future
phase(s).
C. Award information shall be su bmi tted by the ADMINISTERING AGENCY to the
Di strict Local Assistan ce Engineer within 60 days of project contract award and prior to
the submittal of the ADMINISTERIN G AGENCY 'S first in voice for the construction
co ntract.
Failure to do so w ill cause a delay in the State p rocess ing invoices for the construction
phase . Atte ntion is directed to Secti o n 15.7 "Award Pa ckage" of the Local Assistance
Procedures Ma nual.
D . ADM INISTERING AGENCY ag re es, as a minimum, to submit invoices at least once
every six months commencing after the funds a re encumbered fo r each phase by the
execution· of th is Proj ect Program Supplemen t Agreement, or by STATE's approva l of an
applicable · Finance Letter. STATE reserves th e righ t to suspend future
authorizations/ob li gations fo r Fede ra l aid projects, o r encumbrances for Sta te fu nded
projects , as we ll as t o suspend invoice payments fo r any on-go in g or future project by
ADMINISTER IN G AGENCY if PROJECT cos ts have not been invoiced by
ADMINISTER ING AG ENCY for a six-month pe riod.
If no costs have been invoiced f o r a six-month period , ADMINISTERING AG ENCY
agrees to subm it f or each phase a written explanation of the absence of PROJECT
activity along with ta rget billing date and target billing amount.
ADMIN ISTE RI NG AGENCY agrees to submit the final report documents that collectively
co nstitute a "Re port of Expendi tures" within one hundred e ighty (180) days of PROJECT
co mp letion. Fa ilu re o f ADMI NISTERING AG ENCY to submit a "Fina l Report of
Expend itures" withi n 180 days of PROJE CT co mplet ion will result in STATE imposing
sa ncti o ns upon ADMINISTERING AGENCY in ac cordan ce with th e cu rre nt Local
Assistance Proce dures Ma n ual.
E. Ad ministering Agency sha ll not discriminate on th e basis of race, re ligion, age,
disabil ity, co lo r , national origi n, or sex in the award and performance of any Federal-
assisted co ntract o r in the administra ti on of its DBE Progra m Implementation Agreement.
The Administerin g Agency shall take a ll necessary and reasonable steps under 49 CFR
Part 26 to ensu re nondiscrimination in the award and administration of Federal -assisted
contracts . The Administering Age ncy 's DBE Implementation Agreement is incorporated
by reference in this Ag reement. Im plementation of the DBE Im pleme ntatio n Agreement,
i nclu ding but not limit ed to timely re porting of DBE co mm itments and utilization , is a lega l
Progra m Supple m ent 07-5365R-N01 0-IS TEA Page 2 of 4
07-LA-0-TMPC 09/25/2 015
• STPL-5365(01 0)
SPECIAL COVENANTS OR REMARKS
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 Pa rt 26 and may , in appropriate cas es , re fe r the mat ter for enforcement under 18
U .S .C. 100 1 and/or the Pr ogra m Fraud Civil Remed ies Act of 1986 (31 U .S .C. 3801 et
seq .). ·
F. An y State and Federal funds that may have been encumbered for this proj ect are
available for disbursement for limited periods of time . For each fund encumbrance the
limi ted 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 Da te shown on the State
approved project finance letter. Per Government Code Section 16304, all project funds
not liquidated within these periods will revert un less an executed Cooperative Work
Agre ement extending these dates is reques ted by the ADM INISTERING AGENCY and
approved by the Cal ifornia Department of Finance .
ADMINISTERING AGENC Y shou ld ensure that invoices are submitted to the District
Local Ass istance Engineer at least 75 days prior to the applicable fund Revers ion Date to
avoid the lapse of app licable funds. Pursuant to a directive from t he State Controller's
Office and the Department of Finance ; in order for payment to be made, the last date the
Dis t ri ct Loca l Assistance Engineer ca n forward an invoice for payment to the
Depa rtme nt's Local Programs Accounting Office for reimbursable work for funds that are
going to revert at the end of a part icular fis cal year is May 15th of the parti cular fisca l
year. Notwithstanding the unliquidated sums of project specific State and Federal funding -
remaining and available to fund project work , any invoice for re im bursement involving
applicable funds th at is not received by the Department's Local Programs Accounting
Office at least 45 days prior to the applicable fi x ed fund Revers ion Date will not be paid .
These unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on the applicable fund Revers ion Date .
G. As a condition for receiving federal -a id h ighway funds for the PROJECT , the
Administering Agen cy certifies that NO membe rs of the elected board, council , or other
key decision makers are on the Federal Go vernment Exclusion List. Exclusions can be
found at www.sam.gov.
H. STATE and ADMINISTERING AGENC Y agree that any additional funds which are
made available for any new phase(s) of work by future Federa l obligations will be ·
encumbered on this PROJECT by use of a Federal Highway Administration-approved
"Authorization to Proceed" (E -76) STATE Finance Letter. ADM INISTERING AGENCY
agrees that Federal funds available for reimbursement will be limited to the amounts
obligated by the Federal Highway Administration.
2. In the event that right of way acq ui sition for or construction of this project of the initia l
federal authorization for preliminary engineering is not started by the close of the ten th
fiscal year fo ll owing the fiscal year in which the project is authori zed , the
ADMINISTERING AGENC Y shall repay the Federal Highway Administration through
Program Supplement 07 -5365R-N01 0-ISTEA Page 3 of 4
07-LA-0-TMPC 09/25/2015
• : STPL-5365(010)
SPECIAL COVENANTS OR REMARKS
Caltrans the sum of Fed eral funds paid under the terms of th is agreement.
Progra m Supplement 07 -5365R-N01 0-ISTEA Page 4 of 4