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
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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