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Home My Public Portal AboutAgreement_2015-12-23_Department of Transportation_Agency-State_Agreement No 010-N (Camino Real & Ellis Ave)STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G. BROWN Jr., Governor 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 December 23, 2015 Mr. Michael Forbes Community Development Director City of Temple City 9701 Las Tunas Drive Temple City, CA 91780 Attn: Ms. Tracey Hause Dear Mr. Forbes: File: 07-LA-0-TMPC STPL-5365(010) Temple city blvd : EI Camino Real ave and Ellis Lane, various locations throughtout Temple City. Enclosed is your fully executed copy of Program Supplement Agreement No. 010-N to Administering Agency -State Agreement No. 07-5365R. Sincerely, /errely /JOHI N Hd0LE, Chif Office of Project Implementation - South Division of Local Assistance Enclosure c: DLA AE Project Files (07) DLAE - Steve Novotny PROGRAM SUPPLEMENT NO. N010 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 07-5365R Adv Project ID Date: September 25, 2015 0716000088 Location: 07-LA-0-TMPC Project Number: STPL-5365(010) 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 10/19/09 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. /5 -'rp13 ) approved by the Administering Agency on No (/'71,17 2015 (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: Temple city blvd : EI Camino Real ave and Ellis Lane, various locations throughtout Temple City. TYPE OF WORK: Installation of bicylce lanes & associated improvements,signal LENGTH: 0.0(MILES) hardward, ped countdown signal heads M240 $134,700.00 I LOCAL $134,700.001 1 $0 CITY OF TEMPLE CITY By �fv Title Date Attest OTHER $0.00 STATE OF CALIFORNIA Department of Transportation By 6ffice ofilrOject Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer �� Date 9 /S $134,700.00 Chapter I Statutes I Item I Year I Program I BC I Category I Fund Source I AMOUNT Program Supplement 07 -5365R -N010- ISTEA Page 1 of 4 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 01/2010) Page _ of Clains Audits 9/29/2015 0716000088 3301 "C" Street. Rm 404 REQUISITION NUMBER / CONTRACT NUMBER: Sacramento, CA 95816 RQS-2660- 071600000251 FROM: Department of Transportation UBJE Encumbrance Document VENDOR/ LOCAL AGENCY: CITY OF TEMPLE CITY CONTRACT AMOUNT: $134,700.00 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-0-TMPC 09/2512015 STPL-5365(010) SPECIAL COVENANTS OR REMARKS 1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. B. 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 pfoject 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). C. 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. Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. D. 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 encumbrances 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. E. 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 Program Supplement 07 -5365R -N010- ISTEA Page 2 of 4 07-LA-0-TMPC $TPL-5365(010) SPECIAL COVENANTS OR REMARKS 09/25/2015 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.). F. 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 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. G. 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. H. STATE and ADMINISTERING AGENCY agree that any additional funds which are made available for any new phase(s) of work by future Federal obligations will be encumbered on this PROJECT by use of a Federal Highway Administration -approved "Authorization to Proceed" (E-76) STATE Finance Letter. ADMINISTERING 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 acquisition for or construction of this project of the initial federal authorization for preliminary engineering is not started by the close of the tenth fiscal year following the fiscal year in which the project is authorized, the ADMINISTERING AGENCY shall repay the Federal Highway Administration through Program Supplement 07 -5365R -N010- ISTEA Page 3 of 4 07-LA-0-TMPC $TPL-5365(010) SPECIAL COVENANTS OR REMARKS Caltrans the sum of Federal funds paid under the terms of this agreement. 09/25/2015 Program Supplement 07 -5365R -N010- ISTEA Page 4 of 4 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 Transoortation Proaram-Local (STPL) funds allocated to the Proiect: 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 design and environmental (preliminary engineering) 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 agreed 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 17th day of November, 2015. ATTEST:&,, I ,` lWw Peggy Ktio,6titClerk Tom Chavez, Mayor APPROVED AS TO Eric S. I hereby certify that the foregoing resolution, 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 17th day of November, 2015, by the following vote: AYES: Councilmember- Fish, Man, Sternquist, Yu, Chavez NOES: Councilmember- None Resolution No. 15-5131 Page 2 ABSTAIN: Councilmember- None ABSENT: Councilmember- None K tll / Peggy Ku , Ci Clerk CERTIFICATION - CITY OF TEMPLE CITY I, Peggy Kuo, City Clerk of the City of Temple City, do hereby certify that the foregoing document is full, true and correct copy of: Resolution No 15-5131 a Resolution of the City Council of the City of Temple Project. The Original document is on file in the Office of the City Clerk, City of Temple City, California. 8'� / eggy u City Clerk Dated: December 8, 2015 STATE 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 October 1. 2015 Mr. Michael Forbes Community Development Director City of Temple City 9701 Las Tunas Drive Temple City, CA 91780 Attn: Ms. Tracey Hause Dear Mr. Forbes: EDMUND G. BROWN Jr., Governor File: 07-LA-0-TMPC STPL-5365(010) Temple city blvd: EI Camino Real ave and Ellis Lane, various locations throughtout Temple City. Enclosed are two originals of the Program Supplement Agreement No. 010-N to Administering Agency -State Agreement No. 07-5365R and an approved Finance Letter for the subject project. Please retain the signed Finance Letter for your records. Please note that federal funding will be lost if you proceed with future phase(s) 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 90 days from the receipt of this letter. If the signed Agreements are not received back in this office within 90 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. The State budget authority supporting the encumbered funds is only available for liquidation up to specific deadlines. These deadlines are shown on the attached Finance letter as the "Reversion Date". 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 two years. Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer. Sincerely, JOHN HOOLE, Chief Office of Project Implementation - South Division of Local Assistance Enclosure c: DLA AE Project Files (07) DLAE - Steve Novotny DEPARTMENT OF TRANSPORTATION FINANCE LETTER Date: 10/01/2015 DIVISION OF ACCOUNTING Puten 07-LA-0-TMPC LOCAL PROGRAM ACCOUNTING BRANCH Project No: STPL-5365(010) EA No: Attention: City of Temple Ciry FINANCE ITEMS PRO RATA OR TOTAL COSTOF _FEDERAL PART. FED. REIMB % FEDERAL LOCAL: LUMPSUM WORK COST M240 Agency Preliminary Engineering Lump Sum '- $134,700,OD $1x,i00.0p 100.00% -- $134.700.00 soon Totals: 1$4300.00 $1x,700.00 5.30% SM166.06 $0.00 Fed. Partic: 100.00% This Finance Letter was created based on specific financial information provided by the responsible local agency. The following encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action. Signature: For questions regarding finance letter, contact: Title: HO Senior Local Assistance Area Engineer Printed Name: Nahed Abdin - — - --- Telephone No: 916-65-7928 Remarks: This Finance Letter is prepared based on City's FL dated 8/172015 Toll credits Adv ID'. 0716000088 ACCOUNTING INFORMATION STPL-5365(010) APPROP. ENCUMBRANCE APPROP EXPENDITURE ENCUMBRANCE REVERSION ADV. PROJ. ID UNIT$TATE PROD. FEDMuTATE AMOUNT YEAR AMOUNT BALANCE DATE 0716000088 15102E 2030010$10 - F -$134,700.00 _ 1415 _ $0.00 $134,70D.00 OSIM20 Page 1 of 1 Cooperative Work Agreement APPROVED EXPIRATION AMOUNT DATE