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HomeMy WebLinkAboutItem No. 06 ATP Agreement No. T21 Project ATPL-5074 (021)City of Lake Elsinore 130 South Main Street __ Lake Elsinore, CA 92530 II www.lake - elsinore.org VV °"` IKo - Text File File Number: TMP 19 -777 Agenda Date: 6/9/2020 Version: 1 Status: Approval Final In Control: City Council / Successor Aqency Agenda Number: 6) File Type: Council Consent Calendar City of Lake Elsinore Page 1 Printed on 61412020 CITY OF 4 LADE LSIRORT L DREAM EXTREME REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared by: Nicole McCalmont, Sr. Engineering Technician Date: June 9, 2020 Subject: Active Transportation Program Supplemental Agreement No. T21 for Project ATPL -5074 (021) to the Administering Agency -State Master Agreement No. 00389S Recommendation 1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. T21 TO ADMINISTERING AGENCY -STATE MASTER AGREEMENT NO. 00389s AND ALL SUBSEQUENT ATPL- 5074(021) ACTIVE TRANSPORTATION PROGRAM PROJECT SPECIFIC PROGRAM SUPPLEMENTS; 2. Authorize the City Manager to sign ATPL- 5074(021) Active Transportation Program Supplement No. T21 to Administering Agency -State Master Agreement No. 00389S and all subsequent ATPL- 5074(021) Active Transportation Program project specific Program Supplement Agreements; and 3. Authorize the City Clerk to return the signed agreement, in duplicate, to Caltrans Office of Local Programs for execution. Background The Active Transportation Program (ATP) is a State - funded program to the Local Agencies for the purpose of encouraging and increasing the use of non - motorized active modes of transportation. Caltrans Division of Local Assistance administers the share of Local Agency ATP funds. Funds are provided for local agency projects to design and construct Infrastructure projects for Safe Routes to Transit, Bikeways and Walkways, Recreational Trails, Park Linkages to Corridors, and Secure Bike Parking, Non - Infrastructure projects such as Education and Encouragement, and ATP Planning. ATP projects are identified based on increased proportion of trips accomplished by biking and walking, safety and mobility, achievement of Greenhouse Gas reduction goals, and other key factors. Page 1 of 2 The City applied for ATP Cycle 4 Grant in 2018 and was awarded $365,000 for environmental studies and preliminary engineering design of the Murrieta Creek Multi -Use Trail project. All funding is 100% reimbursable by the City and no local funds are required. The City has now received authorization to proceed with environmental and design work from California Transportation Commission. Discussion As the State agency responsible for the administration of the State Aid, Caltrans has prepared and provided to the City for approval and execution Program Supplement No. T21, which provides for payment of authorized project expenses from the State -Aid funds. The work for environmental studies and preliminary engineering design will be done through a competitive procurement process with the most qualified firm. Fiscal Impact Funding for this project has been allocated within the approved CIP Budget. Exhibits A — Resolution B - Supplement Agreement Page 2of2 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. T21 TO ADMINISTERING AGENCY -STATE AGREEMENT NO. 00389S WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CITY PROJECT, ACTIVE TRANSPORTATION PROGRAM MURRIETA CREEK MULTI- USE TRAIL PROJECT WHEREAS, before funding will be made available for the Active Transportation Program Murrieta Creek Multi -Use Trail Project, the local public agency (Administering Agency) and State are required to enter into an agreement relative to prosecution of said project and maintenance of the completed facility. WHEREAS, the City has received authorization for funding in the sum of $365,000.00 for the Preliminary Engineering and Environmental Studies Phase of the Active Transportation Program Murrieta Creek Multi -Use Trail Project; and WHEREAS, Caltrans is the State of California agency responsible for administration of the funds; and WHEREAS, Caltrans has provided to the City for approval and execution Program Supplement Agreement No. T21 providing for disbursement of funding for the Active Transportation Program Murrieta Creek Multi -Use Trail Project; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That it hereby approves "Program Supplement Agreement No. T21" to the Administering Agency -State Agreement No. 00389S. SECTION 2. Authorizes the City Manager to sign the "Program Supplement No. T21" and all subsequent project specific Program Supplements to said Agreement; and SECTION 3. Authorize the City Clerk to return the signed agreement, in duplicate, to Caltrans Office of Local Programs for execution. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 9t" day of June 2020. Brian Tisdale Mayor CC Reso. No. 2020 - Page 2 of 2 Attest: Candice Alvarez, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2020 - was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of June 9, 2020 and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Candice Alvarez, MMC City Clerk PROGRAM SUPPLEMENT NO. T21 to ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO 00389S Adv Project ID Date: November 4, 2019 0820000038 Location: 08 -RIV -0 -ESN Project Number: ATPL- 5074(021) E.A. Number: OTHER Locode: 5074 This Program Supplement, effective 10/09/2019, hereby adopts and incorporates into the Administering Agency -State Agreement No. 00389S for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 09/20/17 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. 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 encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages. PROJECT LOCATION: Along Murrieta Creek from Lake Elsinore Levee Trail to Palomar Trail TYPE OF WORK: Multi -Use Trail, Viewpoint, Retaining Walls, Safety Fences, Striping and Lighting Estimated Cost State Funds Matching Funds SB1 funds $365,000.00 LOCAL OTHER $365,000.00 $0.0c $0.0C CITY OF LAKE ELSINORE By Title Date Attest STATE OF CALIFORNIA Department of Transportation By 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 $365.000.00 Program Supplement 00- 389S -T21- SERIAL Page 1 of 4 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 01/2010) Page 1 o(_1_ NUMBER: Claims Audits 111512019 3301 "C" Street, Rm 404 REQUISITION NUMBER / CONTRAC Sacramento, CA 95816 RQS - 2660 - 082000000347 FROM Department of Transportation SUBJECT'. Encumbrance Document VENDOR/ LOCAL AGENCY: of Lake Elsinore $365,000.00 PROCUREMENTTYPE: ADA Notice 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. 08 -RIV -0 -ESN ATPL- 5074(021) SPECIAL COVENANTS OR REMARKS �. A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT. B. This PROJECT is programmed to receive State funds from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) 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 SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures. C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE - approved Allocation Letter and STATE 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. D. Upon ADMINISTERING AGENCY request, the CTC and /or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria 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 SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below. Funds allocated for the environmental & permits (E &P), plan specifications & estimate (PS &E), 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. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award. F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Program Supplement 00- 389S -T21- SERIAL Page 2 of 4 08 -RIV -0 -ESN ATPL- 5074(021) SPECIAL COVENANTS OR REMARKS Local Assistance Engineer immediately after 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 of invoices for the construction phase. G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E &P), plans specifications & estimate (PS &E), 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 or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. H. 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 LAPM and the Active Transportation Program (ATP) Guidelines. I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations requirements which may be accessed at: www.dot.ca.gov /hq /audits /. ADMINISTERING AGENCY agrees to comply with, and require all sub - recipients and project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal and State laws and regulations. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be used to determine the allowability of individual PROJECT cost items. Any Fund expenditures for costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third - party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission. Program Supplement 00- 389S -T21- SERIAL Page 3 of 4 08 -RIV -0 -ESN ATPL- 5074(021) SPECIAL COVENANTS OR REMARKS J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended. K. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountability and Transparency Guidelines. Program Supplement 00- 389S -T21- SERIAL Page 4 of 4