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CC - Item 4A - Resolution 2004-25 - Approving supplement agreement no. 005M to administering agency-state master agreement no. 07-5358TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: BILL CROWE, CITY MANAGER DATE: JULY 6, 2004 RE: RESOLUTION NO. 2004-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING SUPPLEMENT AGREEMENT NO. 005-M TO ADMINISTERING AGENCY-STATE MASTER AGREEMENT NO. 07-5358 Caltrans has obligated the Federal Highway Bridge Rehabilitation and Replacement (HBRR) Program funds that will be utilized for the reconstruction of Hellman Avenue Bridge over the Alhambra Wash. Program Supplement Agreement No. 005-M pertains to the contribution of these Federal funds for the construction of this project. Provisions of this supplement agreement are incorporated into the Administering Agency-State Master Agreement No. 07-5358, which was approved by City Council on October 14, 1997. No invoices for reimbursement can be processed until the agreement is fully executed. Resolution No. 2004-25 is the formal authorization by the City required for executing Program Supplement Agreement No. 005-M. RECOMMENDATION It is recommended that the City Council approve Program Supplement Agreement No. 005-M, adopt Resolution 2005-25, and authorize the Mayor and City Clerk to execute the agreement. COUNCR. AGENDA JUL 13 2004 ITEM No. -17 Ld--~ RESOLUTION NO. 2004-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING SUPPLEMENT AGREEMENT NO. 005-M TO ADMINISTERING AGENCY-STATE MASTER AGREEMENT NO. 07-5358 WHEREAS, the State of California, through its Department of Transportation, has presented Program Supplement Agreement.No. 005-M to Administering Agency- State Master Agreement No. 07-5358 for the reconstruction of Hellman Avenue Bridge over the Alhambra Wash; WHEREAS, no invoices for reimbursement of construction costs can be processed until Program Supplement Agreement No. 005-M is fully executed; and WHEREAS, Program Supplement Agreement No. 005-M shall remain in effect until amended or terminated. NOW, THEREFORE, the City Council of the City of Rosemead does resolve as follows: Section 1. Program Supplement Agreement No. 005-M is hereby approved and the Mayor and City Clerk are directed to sign on behalf of the, City. Section 2. The Mayor is hereby authorized to affix his signature to this resolution signifying to its adoption by the City Council of the City of Rosemead, and the City Clerk, or his duly appointed deputy, is directed to attest hereto: PASSED, APPROVED and ADOPTED this 13th day of July, 2004. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA. BUSINESS,TRANSPORTATION AND HOUSING AGENCY Arnold Schwarzenegger, Governor . DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TDD (916) 654-4014 . (916) 654-3151 Fax(916)653-7621 June 2, 2004 Mr. Donald J. Wagner . Director of Public Works City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 Attn: Mr. Ken Rukavina, City Engineer Dear Mr. Wagner: File : 07-LA-0-RSMD BRLS-5358(007) Hellman Avenue over Alhambra Wash, Bridge #53C0985 Enclosed are an original and one copy of Program Supplement Agreement No. 005-M to Administering Agency-State Agreement No. 07-5358 and an approved Finance Letter for the subject project. Please retain the signed Finance Letter for your records. The Division of Local Assistance has changed the format on all Federal Program Supplement Agreements. We no longer display the various phase(s) of work on the front page of these Program Supplement Agreements. We have included two new special covenants that allow any funding for future phases of this project be encumbered upon approval of the "Request for Authorization" and Finance Letter. The Program Supplement Agreement need not be revised for that purpose. However, 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. 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. In accordance to Government Code 16304, Federal funds appropriated by the State budget are available for liquidation only for seven years and the State funds are available only for five years. The attached Finance Letter shows these deadlines 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 one year for federal funds and up to three years for State funds. Please note that Government Code 16304 does not supersede any other more restrictive expenditure deadlines. Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer. Sincerely, G" `DAVID THOMPSON, Acting Chief Office of Project Implementation Division of Local Assistance Enclosure r• nl A AF Prniar•.t Files 00 O o¢m~ N O i 0 ~ (~Q (n (7 O J J m O O m O Z Z ~m(JQ Q mw 0 a ¢ W W J W U Q Z CI m C O U m a O O = O O m E L F o U m U ~ C m m N m U m a m m U n-O c ~ 0 N m m L ma L m a T > a o a n m a o c nm CO U' m0 E m o c c ~ O cQ m m C U _p m U m N N Q C N, Q U amp ~ T as a m m m m m n d U n ~ N 3 Z• y O J L U U C'C m ~ cE ii E N ~ U F- m 0 m m 0 m tJl m a = N o ~ N ~ W p~ O Z E 'm z o a L m c m m C W m Q Q x ml J y N Y E m m 0 C m n m 'J m C 0 E m D C m I~ n x p W m m J m ~ m Y Z o O a a F- CQC G cc O LL c Z O 0 a Z U N Z E U O U W Q m m N a LL E m O1 a a c W `o m a PROGRAM SUPPLEMENT NO. M005 to ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 07-5358 Date:May 26,2004 Location: 07-LA-0-RSMD Project Number:BRLS-5358(007) E.A. Number: 07-931876 This Program Supplement hereby incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 11/19/97 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreer4nt 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 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: Hellman Avenue over Alhambra Wash, Bridge #53CO985 TYPE OF WORK: Bridge Replacement LENGTH: O(MILES) Estimated Cost Federal Funds Matching Funds $1,013,430.00 Q100 $809,600.00 LOCAL $203,830.00 $0.00 OTHER .$0.00 CITY OF ROSEMEAD _ STATE OF CALIFORNIA Department of,Transportation - By By Chief, Office'of Project Implementatic Date Division of Local Assistance Attest Date Title knowledge that I hereby certify upon my personal budgeted funds are available for this encumbrance: / Officelllon / (/!'noov ti Date -oZ 1 C~ 600.00 $809 Accoun ng , Chapter Statutes Item Year ( Programs eC Category Fund Source AM= 157 2003 2660-102-890 2003-2004 . 20.30.010.300 C 224060 892-F 809,600.00 Program Supplement 07-5358-MO05- ISTEA Page 1 of 4 07-LA-0-RSMD BRLS-5358(007) 05/26/2004 SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will reimburse the STATE for the ADMINISTERING AGENCY share of costs for work requested to be performed by the STATE. 2. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the most current published,Local Assistance Procedures Manual. 3. All project repair, replacement and maintenance involving the physical condition and the operation of project improvements ' referred to in Article III MAINTENANCE, of the aforementioned Master Agreement will be the responsibility of the ADMINISTERING AGENCY and shall be performed at regular intervals and as required for efficient operation of the completed project improvements. 4. The ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act and OMB A-133 if it receives a total of $300,000 or more in federal funds in a single fiscal year. The federal funds received under this project are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning & Research. OMB A-133 superceded OMB A-128 in 1996. A reference to OMB A-128 in a Master Agreement (if any) is superceded by this covenant to conform to OMB A-133. 5. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration (FHWA) in the Federal-Aid Project Authorization/Agreement or Amendment/Modification (E-76) and accepts any resultant increases in ADMINISTERING AGENCY funds as shown on the Finance Letter, any modification thereof as approved by the Division of Local Assistance, office of Project Implementation. 6. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after the project contract award. A copy of the award package shall also be included with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract to: Department of Transportation Division of Accounting Local Programs Accounting Branch, MS#33 D Program Supvlement07-5358-M005- ISTEA - Page 2 of 4 07-LA-0-RSMD BRLS-5358(007) SPECIAL COVENANTS OR REMARKS P. O. Box 942874 Sacramento, CA 94274-0001 05/26/2004 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 - and LPP 01-06. 7. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available for new phase(s) of work by future Federal obligations will be encumbered on this PROJECT by use of a.STATE approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that.Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. 8. 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). 9. Any State and Federal funds that may have been encumbered for this project are only available for disbursement for a period of five (5) years and seven (7) years, respectively, from the start of the fiscal year(s) that those funds were appropriated within the State Budget Act. All project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested and is approved by the California Department of Finance per Government Code Section 16304. The exact date of each fund'revarsion will be reflected in the approved finance letter(s) issued for this project. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement that is not submitted to the , Department on or before 60 days after that applicable fixed fund reversion date will not be paid from that fiscal year's encumbered funds because all of these unexpended funds will be irrevocably reverted by the Department's Division of Accounting Program Supplement07-5358-M005- ISTEA Page 3of 4 07-LA-0-RSMD 05/26/2004 BRLS-5358(007) SPECIAL COVENANTS OR REMARKS on that date. Pursuant to a directive from the State Controller's Office Iand the Department of Finance, the last date to submit invoices for reimbursed work in each fiscal year is May 15th in order for payment to be made.out of those then current-appropriations. Project work performed and invoiced after May 15th will be reimbursed only out of available funding that might be encumbered in the subsequent fiscal year, and then only when those funds are actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office. Program Supplement07-5356-MOOS- ISTEA Page 4 of 4