CC 2013-12-10_08.i. Program Supplement Agreement Oak Park and W BranchMEMORANDUM
TO: CITY COUNCIL
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MIKE LINN, ASSISTANT CITY ENGINEER
SUBJECT: CONSIDERATION OF PROGRAM. SUPPLEMENT AGREEMENT NO .
. N015 TO ADMINISTERING AGENCY-STATE AGREEMENT NO. 05-
5199R FOR THE OAK PARK BLVD/W. BRANCH ST/HWY 101
ENTRANCE TRAFFIC SIGNAL IMPROVEMENT PROJECT, PW
2014-01
DATE: DECEMBER 10, 2013
RECOMMENDATION:
It is recommended the City Council adopt a Resolution authorizing the Mayor to execute
Program Supplement Agreement No. N015 to Administering Agency-State Agreement
for Federal Aid Projects No. 05-5199R for the Oak Park Blvd/West Branch St./HWY 101
Entrance Traffic Signal Improvement Project.
IMPACT TO FINANCIAL AND PERSONNEL RESOURCES:
The City was successful in securing Highway Safety Improvement Program (HSIP)
grant funds for the project, which require an 11.90% local match. The total projected
costs for the project are expected to be $252,000, of which $222,000 is eligible for HSIP
reimbursement. Execution of the supplement agreement enables the City to begin
invoicing for reimbursement of the work performed.
BACKGROUND:
In order for a local agency to expend State funds through the Highway Safety
Improvement Program (HSIP), it must enter into a general Master Agreement with the
State. The Master Agreement contains general provisions and identifies responsibilities
of each agency for any Federal Aid Projects. Once a Master Agreement is in place, the
City and the State can enter into a Program Supplement Agreement, which is a project-
specific agreement that is incorporated in the Master Agreement. The City entered into
the Master Agreement on November 13, 2008.
ANALYSIS OF ISSUES:
Before the City can begin invoicing for reimbursement of the work performed, a
supplement agreement must be executed. A resolution must be adopted by the City
Item 8.i. - Page 1
CITY COUNCIL
CONSIDERATION OF PROGRAM SUPPLEMENT AGREEMENT NO. N015 TO
ADMINISTERING AGENCY-STATE AGREEMENT NO. 05-5199R FOR THE OAK
PARK/W. BRANCH/HWY 101 ENTRANCE TRAFFIC SIGNAL IMPROVEMENT
PROJECT, PW 2014-01
DECEMBER 10, 2013
PAGE2
Council that clearly identifies the official authorized to execute the Program Supplement
Agreement No. N015.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
-Approve Program Supplement Agreement No. N015;
-Do not approve Program Supplement Agreement No. N015;
-Provide direction to staff.
ADVANTAGES:
The project has been accepted. Approving Program Supplement No. N015 to
Administering Agency-State Agreement for Federal-Aid Projects No. 05-5199R will
allow the City to request reimbursement for expenditures to the project.
DISADVANTAGES:
There are no perceived disadvantages.
ENVIRONMENTAL REVIEW:
The project is categorically exempt from CEQA pursuant to Section 15301 (c & f).
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, December 5, 2013. The
Agenda and report were posted on the City's website on Friday, December 6, 2013. No
public comments were received.
Item 8.i. - Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING PROGRAM SUPPLEMENT NO. N015 TO . .
ADMINISTERING AGENCY-STATE AGREEMENT NO. 05-5199R FOR
THE OAK PARK BLVD./W. BRANCH ST./HWY 101 ENTRANCE
TRAFFIC SIGNAL IMPROVEMENT PROJECT
WHEREAS, the City and the State have entered into Administering Agency-State
Agreement for State Funded Projects No. 05-5199R; and
WHEREAS, Program Supplement No. N015 to the Administering Agency-State
Agreement for State Funded Projects No. 05-5199R designates the State funds
requested and the matching funds to be provided by the City of Arroyo Grande for the
Oak Park Blvd./W. Branch St./HWY 101 Entrance Traffic Signal Improvement Project;
and
WHEREAS, the City of Arroyo Grande is eligible to receive State funds.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo
Grande hereby:
1. Approves Exhibit A attached, entitled "Program Supplement Agreement No. N015 to
Administering Agency-State Agreement for State Funded Projects No. 05-5199R".
·2. Appoints the Mayor as the official representative authorized to sign the Program
Supplement Agreement.
On motion of Council Member , seconded by Council Member
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this
2013. ------
day of
Item 8.i. - Page 3
RESOLUTION NO.
PAGE2
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.i. - Page 4
PROGRAM SUPPLEMENT NO. N015
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO 05-5199R
Exhibit A
Adv Project ID
0514000011
Date: August 29, 2013
Location: 05-SLO-O-ARGD
Project Number: HSIPL-5199(029)
E.A. Number:
Locode: 5199
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 11/13/08 and is subject to ail 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:
Oak Park Blvd/West Branch SUSR 101 On Ramp Traffic Signal
TYPE OF WORK: Upgrade Signals
Estimated Cost Federal Funds
LS3R $10,000.00 LOCAL
$11,111.00 $1,111.0C
CITY OF ARROYO GRANDE
By
LENGTH: O.O(MILES)
Matching Funds
OTHER
STATE OF CALIFORNIA
Department of Transportation
By
$0.0 0
Title
Date
Attest
Chief, Office of Project Implementation
Division of Local Assistance
Date ------------
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer ~--===-~, Date ?f w / 1 s' $10.000.00
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
Program Supplement 05-5199R-N015-ISTEA Page 1of3
Item 8.i. - Page 5
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV. 01/2010)
TO: STATE CONTROLLER'S OFFICE
Claims Audits
FROM:
3301 "C" Street, Rm 404
Sacramento, CA 95816
Department of Transportation
SUBJECT:
Encumbrance Document
VENDOR I LOCAL AGENCY:
City of Arroyo Grande
CONTRACT AMOUNT:
$10,000.00
PROCUREMENT TYPE:
Local Assistance
CHAPTER STATUTES ITEM
21 2012 2660-102-0890
YEAR
2012-2013
Page_of_
DATE PREPARED: PROJECT NUMBER:
29-Aug-13 0514000011
REQUISITION NUMBER I CONTRACT NUMBER:
051400000094
PEC/PECT TASK I SUBTASK
2030010/550 2620/0420
AMOUNT
$10,000.00
ADA N f For individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654-641 o of TDD (916) -3880 or write
O U Records and Forms Management, 1120 N. Street. MS-89, Sacramento, CA 95814.
Item 8.i. - Page 6
05-SLO-O-ARGD
HSIPL-5199(029)
SPECIAL COVENANTS OR REMARKS
08/29/2013
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 05-5199R-N015-ISTEA Page 2 of 3
Item 8.i. - Page 7
05-SLO-0-ARGD 08/29/2013
HSIPL-5199(029)
SPECIAL COVENANTS OR REMARKS _
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. 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.
7. 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. Please refer to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
Program Supplement 05-5199R-N015-ISTEA Page 3 of 3