08g Castillo Del Mar Bike Path ProjectMEMORANDUM
TO: ClN COLlNClL
FROM: TERESA DEVELOPMENT DIRECTOR
BY: MIKE LINN, ASSISTANT ClN ENGINEER
S1IB.IECT: CONSIDERATION OF PROGRAM SUPPLEMENTAL AGREEMENT NO.
014-N TO ADMINISTERING AGENCY-STATE AGREEMENT NO. 05-
5199-R AND A SECOND AMENDMENT TO WALLACE GROUP
CONSULTANT SERVICES AGREEMENT FOR 'THE CASTILLO DEL
MAR BIKE PATH PROJECT, PW 2011-05
DATE: FEBRUARY 14,2012
RECOMMENDATION:
It is recommended the City Council:
1. Adopt a Resolution authorizing the Mayor to execute Program Supplement
Agreement No. 014-N to Administering Agency-State Agreement No. 05-5199R
for the Castillo Del Mar Bike Path Project;
2. Approve Amendment No. 2 to Wallace Group Consultant Services Agreement
extending the date of the agreement; and
3. Authorize the Mayor to execute the amendment.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Execution of the supplemental agreement enables the City to begin invoicing for
reimbursement of the work performed.
The Consultant Services Agreement with Wallace Group has expired. Amendment No.
2 will extend the date of the agreement through December, 2012. The financial terms of
the agreement will not change and staff time will not be impacted.
BACKGROUND:
In order for a local agency to expend State funds through the State Transportation
Improvement Program (STIP), it must enter into a 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 Supplemental Agreement, which is a
Agenda Item 8.g.
Page 1
CITY COUNCIL
CONSIDERATION OF PROGRAM SUPPLEMENTAL AGREEMENT NO. 014-N TO
ADMINIS'TERING AGENCY-STATE AGREEMENT NO. 05-5199-R AND A SECOND
AMENDMENT TO WALLACE GROUP CONSULTANT SERVICES AGREEMENT FOR
THE CASTILLO DEL MAR BIKE PATH PROJECT, PW 2011-05
FEBRUARY 14,2012
PAGE 2
project-specific agreement that is incorporated in the Master Agreement. The City
entered into the Master Agreement on November 13, 2008.
On November 22, 2010, the City entered into a Consultant Services Agreement with the
Wallace Group to perform design and environmental services for the Castillo Del Mar
Bike Path Project for the not-to-exceed price of $7,950. On March 22, 2011, the
Council approved Amendment No. 1 to the Agreement to increase the not-to-exceed
cost to $30,000.
On October 25, 201 1, Council awarded a contract to Brough Construction, Inc. for the
Castillo Del Mar Bike Path Project.
ANALYSIS OF ISSUES:
Before the City can begin invoicing for reimbursement of the work performed, a
supplemental agreement must be executed. A resolution must be adopted by the City
Council that clearly identifies the official authorized to execute the Program
Supplemental Agreement No. 014-N.
The Consultant Services Agreement with Wallace has expired. Although the contract
primarily deals with design services, there are tasks dealing with the project (such as
the compilation of record drawings at the completion of the project). Amendment No. 2
will revive and extend the date of the agreement through December, 2012. The
financial terms of the agreement will not change.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Approve Program Supplement Agreement No. 014-N and Amendment No. 2 to
the Wallace Group Consultant Services Agreement; - Do not approve Program Supplement Agreement No. 014-N and Amendment
No. 2 to the Wallace Group Consultant Services Agreement; - Provide direction to staff.
ADVANTAGES:
Approving Program Supplement No. 014-N to Administering Agency-State Agreement
for Federal-Aid Projects No. 05-5199R will allow ,the City to request reimbursement for
expenditures to the project.
The Consultant Services Agreement with Wallace Group has expired. Approval of
Amendment No. 2 will revive the agreement and enable the Wallace Group to fulfill their
contractual obligations.
Agenda Item 8.g.
Page 2
CITY COLlNClL
CONSIDERATION OF PROGRAM SUPPLEMENTAL AGREEMENT NO. 014-N TO
ADMINISTERING AGENCY-STATE AGREEMENT NO. 05-5199-R AND A SECOND
AMENDMENT TO WALLACE GROUP CONSULTANT SERVICES AGREEMENT FOR
THE CASTILLO DEL MAR BIKE PATH PROJECT, PW 201 1-05
FEBRUARY 14,201 2
PAGE 3
DISADVANTAGES:
There are no perceived disadvantages.
ENVIRONMENTAL REVIEW:
The project is categorically exempt from CEQA pursuant to Section 15304(h).
PLlBLlC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, February 9, 2012. The
Agenda and report were posted on the City's website on Friday, February 10, 2012. No
public comments were received.
Attachment:
1. Consl~ltant Services Agreement Amendment No. 2
Agenda Item 8.g.
Page 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING PROGRAM SUPPLEMENT NO. 014-N TO
ADMINIS'TERING AGENCY-STATE AGREEMENT NO. 05-5199R FOR
CONSTRUCTION OF THE CASTILLO DEL MAR BIKE PATH PROJECT
WHEREAS, the City and the State have entered into Administering Agency-State
Agreement for Federal Aid Funded Projects No. 05-51 99R; and
WHEREAS, Program Supplement No. 014-N to the Administering Agency-State
Agreement for Federal Aid Funded Project No. 05-5199R designates the State funds
requested and the matching funds to be provided by the City of Arroyo Grande for the
construction of the Castillo Del Mar Bike Path 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. 014-N,
to Administering Agency-State Agreement for Federal Aid Project No. 05-51 99R".
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 day of
201 2.
Agenda Item 8.g.
Page 4
RESOLUTION NO.
PAGE 2
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
Agenda Item 8.g.
Page 5
Exhibit A
PROGRAM SUPPLEMENT NO. NO14
. to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERALAID PROJECTS NO 05-51 99
Adv Project ID Date: October 11, 201 1
0500020200 . Location: 05-SLO-0-ARGD
Project Number: RPSTPLE-5199(024)
E.A. Number: 05-4A2684
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 11113108 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 110. 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 setforth on the following pages.
PROJECT LOCATION:
In Arroyo Grande, on Castillo Del Mar
.- . --
TYPE OF WORK: Bike Path LENGTH: O.O(MILES)
CITY OF ARROYO GRANDE
BY
Title
Matching'Funds
I I OTHER
Estimated Cost
STATE OF CALIFORNIA
Department of Transportation
Federal Funds
L22 E $1 50,000.00
BY
Chief, Office of Project lmplementati,on
Division of Local Assistance
Date Date
Attest
I hereby certify upon that budgeted funds are available for this encumbrance:
Accounting Officer Date 0//d / I 1 $1 50.000.00
Program Supplement 05-51 99-N014- ISTEA Page 1 of 5
Fund Source BC AMOUNT Category Year ' Item Chapter Program Statutes
Agenda Item 8.g.
Page 6
1011 112011
SPECIAL COVENANTS OR REMARKS
1. This PRO.lECT is programmed to receive Federal Transportation Enhancement Activities
(TEA) fund. The ADNllNlSTERlNG AGENCY agrees that any functional or operational
change to a TEA PROJECT, before, during or after PROJECT acquisition and/or
construction, that does not ,comply with, or is in conflict with, the TEA program
requirements and the original purpose of the project at the time it was programmed may
render the. PROJECT ineligible for Federal reimbursement and ADMINISTERING
AGENCY may be required to reimburse STATE the entire amount of TEA funds
contributed to the project or the value of the 'TEA fund contribution, based upon the fair
market value of the acquisition and/or construction, at the time the conflict and/or non-
compliance is determined, whichever is greater.
2. This PROJECT is programmed to receive funding from the State rans sport it ion
lmprovement Program (STIP.). Funding ,may be provided under one or more .
components. .A c~mporient(~)' specific fund allocation is required, in addition to other
requirements, before reimbursable work can occur for the component(s) identified. Each
allocation will be assigned an effective date'and identify the amount of funds allocated per . .
component(s). . -
This PROGRAM 'SUPPLEME~T has been prepared to allow reimbursement of eli,gible
PROJECT expenditures for 'the component(s) allocated. The start of. reimbqsable
expenditures. is restricted to the' later of either 1 ) the effective date. .of :the Master
Agreement, 2) the effective date of the PROGRAM SUPPLEMENT, or 3) the effective
date of the component specific allocation. . - . .
3. STATE and ADMINIS-TERING AGENCY agree that additional funds made available by
future allocations will be encumbered on this PROJECT by use of a STATE approved
Allocation Letter and Finance Letter. ADMINISTERING AGENCY agrees that STATE
funds available for reimbursement will be limited to the amount allocated by the California
Transportation Commission (CTC) and/or the STATE.
4. Upon ADMINISTERING AGENCY request, the CTC andlor STATE may approve
supplementary allocations, time extensions, and fund transfers between components. An
approved time extension will revise the timely use of funds criteria, outlined above;-for the
component(s) and allocation(s) requested. Approved supplementary allocations, time
extensions, and fund transfers between components, made after the execution of this
PROGRAM SUPPLENIENT will be documented and considered subject to the terms and
conditions thereof.
Documentation for approved supplementary allocations, time extensions, and fund
transfers between components, will be a STATE approved Allocation Letter, Fund
Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.
5. This PROJECT will be administered in accordance with the CTC STIP guidelines, as
adopted or amended, and the STATE Procedures for Administering Local Grant Projects
in the State Transportation Improvement Program (STIP), the Local Assistance Program
Guidelines, and the Local Assistance Procedures Manual. The submittal of invoices for
Program Supplement 05-5199-N014- ISTEA Page 2 of 5 Agenda Item 8.g.
Page 7
project costs shall be in accordance with the above referenced publications and the
following.
6. The ADMINIS'TERING AGENCY shall invoice STATE for environmental & pgrmits;.plans
specifications & estimate, and right-of-way costs no later than 180 days after the end of
'
. last. eligible 'fiscal year of expenditure. For construction costs, the ADMINISTERING
AGENCY has 180 days after project completion .to make the final payment to the
contractor and'.prepare the final Report of Expenditures and final invoice, and submit to
STATE for verification and payment. . . .. .
, ..
7. All obligations of STATE under the terms of ,this Agreement are subject to the
appropriation of -resources by the Legislature and the encumbrance of funds under this
Agreement. Funding and reimbursement are available orily upon the passage of-the-State
Budget Act containing these STATE funds. . .
8. ADMINISTERING' AGENCY agrees .that it will only proceed with work :authorized-:.for
specific ph,ase(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(sj' unless no further State or Federal funds are needed for thosejfuture
phase(s).
. .
9. This PROJECT.~S'SU~~~C~ to the timely use offunds provisions enacted by Senater~ill.45 -I
(SB 45), approved in 1997, and subsequent CTC guidelines and State .procedures
approved by the CTC and STATE, as outlined below: . .
~unds allocated for the environmental & permits, plan specifications & estimate, .and .
right-of-way components are available for expenditure until the end of the second fiscal
year following the year in which the funds were allocated.
Funds allocated for the construction component are subject to an award deadline and
contract completion deadline. ADIMINIS-TERING .AGENCY agrees to award the contract
within 6 months of the construction fund allocation, and complete the construction.or
vehicle burchase contract within 36 months of award.
10. ADNllNlSTERlNG 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 PR0,IECT
activity along with target billing date and target billing amount.
Program Supplement 05-5199-N014- ISTEA Page 3 of 5 Agenda Item 8.g.
Page 8
SPECIAL COVENANTS OR REMARKS
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. . . ... . . ,
. . .. . .
1.1. 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 lmplementation Agreement. .
The Administering Agency shall take all necessary and. reasonable steps under 49 CFR
Part 26 to ensuremondiscrimination in the award and administration of Federal-assisted ..
contracts. The Administering Agency's DBE lmplementation Agreement .is incorporated .
by reference in this Agreement, lmplementation of the DBE lmplementation Agreement,
including but not limited to timely reporting of DBE corrlmitments 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 lmplementation Agreement, the State may.impose. sanctions as provided-for under
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement u@r 18 .
U.S.C. 1003 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
. . seq .).
12. 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 Excluded Parties List System .
(EPLS);
13. 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
Program Supplement 05-51 99-N014- ISTEA Page 4 of 5 Agenda Item 8.g.
Page 9
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.
4. . .
. .
Program Supplement 05-51 99-N014- ISTEA Page S of 5 Agenda Item 8.g.
Page 10
STATE OF CALIFORNIA. DEPARTMENT OF T.MNSP.ORTATlON
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV. 0112010)
Page - 01-
TO: STATE CONTROLLER'S OFFICE (DATE PREPARED: 1 PROJECT NUMBER:
FROM
Claims Audits
3301 "C" Street, Rrn 404
Sacramento, CA 95816
Department of ~rans~ortation
SUBJECT.
I I-Oct-Ill 0500020200
REQUISITION NUMBER I CONTRACT NUMBER:
051 200000087
Encumbrance Document
VENDOR 1 LOCAL AGENCY:
CITY OF ARROYO GRANDE . .
CONTRACT AMOUNT:
$150,000.00
PROCUREMENT TYPE:
Local Assistance . .
For individuals wilh sensory disabilities, lhis documenl is available in alternate formats. For inlormalion, call (91 5) 654-6410 of TDD (916) -3880 or wrile
ADA Noti'Records and Forms Management, 1120 N. Street, MS-89, Sacramento, CA ,5814.
.. .
PEC I PECT
2030600/731
YEAR
201 0
ITEM
2660-1 01 -0890
CHAPTER
1
TASK I SUBTASK.
228OlOlOO
. ..
STATUTES
2009
. AMOUNT .
$ 150,000.00
Agenda Item 8.g.
Page 11
ATTACHMENT 1
CONSULTANT SERVICES AGREEMENT
AMENDMENT NO. 2
This Second Amendment ("Second Amendment") to Consultant's Services Agreement
("CSA) by and between the CITY OF ARROYO GRANDE and WALLACE GROUP is
made and entered into this day of February 2012, based on the following
facts:
WHEREAS, the parties entered into a CSA dated November 22, 2010, for feasibility and
design coordination of the Castillo Del Mar to Arroyo Grande High School Bike Path
Project; and
WHEREAS, the parties entered into a First Amendment to CSA dated March 22, 2011
to increase the not-to-exceed price from $7,500 to $30,000 for the Castillo Del Mar to
Arroyo Grande High School Bike Path Project; and
WHEREAS, the CSA, as amended has expired; and
WHEREAS, the parties desire to revive and modify the CSA as set forth herein.
NOW THEREFORE, for valuable consideration the receipt and sufficiency of which is
acknowledged, the parties agree as follows:
1. To revive the CSA, as amended, and extend the completion date to
December 31, 2012.
2. Except as modified herein, all other terms and conditions set forth in the CSA,
as amended, shall remain unchanged.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Second
Amendment the day and year first above written.
WALLACE GROUP
By:
V
CITY OF ARROYO GRANDE
By:
Tony Ferrara, Mayor
Agenda Item 8.g.
Page 12