TF2402.SR.JD
CITY OF SIMI VALLEY
MEMORANDUM
M
arch 4, 2024
TO
: City Council
F
ROM: Department of Public Works
S
UBJECT: ADOPTION OF A RESOLUTION APPROVING PROGRAM SUPPLEMENT NO. A447 TO IMPLEMENT ACTIVE TRANSPORTATION PROGRAM
PROJECT NO. ATPLNI-5405(099), CP60000038
STAFF RECOMMENDATION
It is re commended that the City Council adopt attached Resolution No. 2024- 06 (page 3) approving Program Supplement No. A447 to the Administering Agency -State Agreement for State- Funded Projects No. 075405S21 for the City to implement Active Transportation Program Project No. ATPLNI -5405(099), and authorize the Mayor to execute the Program Supplement (Attachment A, page 5).
BACKGROUND AND OVERVIEW
In July 2022, City Staff applied for and received an Active Transportation Program Grant to prepare an update to the City’s Bicycle Master Plan (Plan). The plan was last updated in December 2008. The comprehensive update will provide an inventory of existing facilities, document active transportation -related crashes, and provide recommendations for new facilities and active transportation- related features.
C
ity Staff anticipates circulating the Request for Proposals on March 15 th. Following a month-long advertisement, City Staff will conduct interviews and select a consultant to prepare the plan update, with award occurring in June. Staff are anticipating a year -long process to update the plan, involving review of the existing plan elements, a review of bicycle-related collisions on City streets, an extensive outreach program to review the utility and effectiveness of existing bicycle facilities and to solicit recommendation for new facilities, and final plan preparation.
FINDINGS AND ALTERNATIVES
S
tate funding in the amount of $250,000 has been approved for this project under the ATP, with no local match requirement.
AGENDA ITEM NO.
Consent (7)
TF2402.SR.JD
The following alternatives are available to the City Council:
1. Adopt attached Resolution No. 2024- 06 approving P rogram Supplement No. A447 to implement Active Transportation Program Project No. ATPLNI-5405(099), and authorize the Mayor to execute Program Supplement No. A447 to the Administering Agency-State Agreement for State-Funded Projects No. 075405S21;
2. P rovide other direction to staff.
Staff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I move to adopt attached Resolution No. 2024- 06 approving Program Supplement No.
A447 to implement Active Transportation Program Project No. ATPLNI-5405(099), and authorize the Mayor to execute Program Supplement.
SUMMARY
The City applied for and received State funding in the amount of $250,000 under the ATP to prepare an update to the City’s Bicycle Master Plan.
It is re commended that the City Council adopt attached Resolution No. 2024- 06 approving Program Supplement No. A447 to implement Active Transportation Program Project No. ATPLNI -5405(099), and authorize the Mayor to execute and Program Supplement (Attachment A).
____________________________________
Ronald K. Fuchiwaki
Public Works Director
Prepared by: Justin Link, Principal Engineer
INDEX Page
Resolution No. 2024-06…………………………………. .................... 3 Attachment A – Program Supplement No. A447 .............................. 5
2 TF2402.RES.JD
RESOLUTION NO. 2024-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIMI
VALLEY APPROVING PROGRAM SUPPLEMENT NO. A447 TO
IMPLEMENT ACTIVE TRANSPORTATION PROGRAM
PROJECT NO. ATPLNI-5405(099)
WHEREAS, the City of Simi Valley has applied for Active Transportation Program ( ATP) funds for preparation of an update to the City’s Bicycle Master Plan, No. ATPLNI-5405(099), and
WHEREAS, Caltrans has reviewed and found the subject project eligible for State funding; and
WHEREAS, the Master Agreement Administering Agency-State Agreement for State -Funded Projects No. 07- 5405S21 with the State of California outlines t he conditions and covenants of State funding for the subject project, and
WHEREAS, Program Supplement No. A 447 to the Administering Agency- State Agreement for State Funded Projects No. 07- 5405S21 outlines supplemental conditions and covenants of State funding for the subject project; and
WHEREAS, the City Council is desirous of approving and accepting Program Supplement No. A447.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1
. The above recitals are true and correct.
SECTION 2. The Program Supplement No. A447 to the Administering Agency-State Agreement for State Funded Projects No. 07-5405S21 attached hereto as Attachment B, and incorporated by reference herein, is hereby approved and accepted by the City of Simi Valley, and the Mayor is authorized to execute the Program Supplement on behalf of the City.
3 RES. NO. 2024-06
TF2402.RES.JD
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED and ADOPTED this 4th day of March 2024.
Attest:
Lucy Blanco, City Clerk Fred Thomas, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
Algeria R. Ford, City Attorney Brian Paul Gabler, City Manager
Ronald K. Fuchiwaki
Public Works Director
4 00000A447
FOR STATE FUNDED PROJECTS NO 07-5405S21
0724000114
February 06, 2024
07-VEN-0-SIMV
ATPLNI-5405(099)
5405
This Program Supplement, effective 01/26/2024, hereby adopts and incorporates into the Administering Agency-State Agreement No. 07-5405S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 03/06/2023 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.
City of Simi Valley. Plan for the development of bicycle facilities and programs as a viable alternative to automobile use, maintain bicycle safety.
Bicycle Master Plan 0.0(MILES)
State FundsEstimated Cost Matching Funds
CITY OF SIMI VALLEY
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK: LENGTH:
LOCAL OTHER
$250,000.00 $0.00 $0.00
Chief, Office of Project Implementation
STATE OF CALIFORNIA
Department of Transportation
$250,000.00
$250,000.00STATE
1 Page of 4Program Supplement 07--540-A447- SERIAL
2/6/2024
ATTACHMENT A
Brian Paul Gabler, City Manager
5 SPECIAL COVENANTS OR REMARKS
07-VEN-0-SIMV
ATPLNI-5405(099)
1. 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. 2 Page of 4Program Supplement 07--540-A447- SERIAL
6 SPECIAL COVENANTS OR REMARKS
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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 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 3 Page of 4Program Supplement 07--540-A447- SERIAL
7 SPECIAL COVENANTS OR REMARKS
07-VEN-0-SIMV
ATPLNI-5405(099)
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.
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.
2. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. 4 Page of 4Program Supplement 07--540-A447- SERIAL
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