REPORT TO THE CITY COUNCIL
April 21, 2016
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
THROUGH: ROBERT N. ANDERSEN, PE, Assistant Director
Public Works Department, Capital Management Division
BY: RANDY BELL, PE, Capital Program Manager
Public Works Department, Capital Management Division
SUBJECT
Title
RESOLUTION - Approving Master Agreement for Federal-Aid Local Transportation Projects between the City of Fresno (City) and the State of California, acting through its Department of Transportation (Caltrans) and authorizing execution of documents
Body
RECOMMENDATION
It is recommended that the City Council adopt the Resolution approving the Master Agreement for Federal-Aid Local Transportation Projects between the City and the State of California, acting through Caltrans, and authorizing execution of documents by the Public Works Director or designee.
EXECUTIVE SUMMARY
Congress has enacted Transportation Authorization Bills to fund transportation programs since 1991. These funds are made available to the City through Caltrans as the administering agency. To participate in the program, Caltrans requires that the City enter into a Master Agreement that establishes the terms and conditions applicable when receiving Federal funds for designated projects and to the subsequent operation and maintenance of those facilities. The last Master Agreement was approved by Council and signed on behalf of the City by the Public Works Director in 2007.
BACKGROUND
Congress has enacted Transportation Authorization Bills to fund transportation programs since 1991. Most recently, on December 4, 2015, President Obama signed into law the Fixing America's Surface Transportation Act or "FAST Act." The FAST Act authorizes the Federal Surface Transportation Programs for highways, highway safety and transit for the period 2016 through 2020. These programs include, but are not limited to, the Surface Transportation Program, the Congestion, Mitigation and Air Quality Program, the Active Transportation Program and the Highway Safety Improvement Program.
Program funds, through the Federal Highway Administration, are made available to the City via Caltrans as the administering agency. To participate, Caltrans requires the City to enter into a Master Agreement that establishes the terms and conditions applicable when receiving federal funds for local projects.
The federal Master Agreement has been revised to reflect the recent changes created by the "Supercircular," otherwise known as 2 CFR 200. When 2 CFR 200 was published over a year ago, it consolidated some Office of Management and Budget (OMB) directives and did away with a few other regulations. In addition, it has been 10 years since the last federal Master Agreement revision. To address references to obsolete federal regulations, the Caltrans Division of Local Assistance (DLA) has revised the Master Agreement to bring it into compliance.
The last Master Agreement was signed by the Public Works Director on behalf of the City in 2007. The City was recently informed by Caltrans that a new Master Agreement and resolution are required to continue receiving federal funds in the present fiscal year.
Pursuant to the Master Agreement, the City would need to execute an administrative Program Supplement for each funded project to accept funding. Staff seeks approval of the Master Agreement and authorization to execute the administrative Program Supplements.
The City Attorney's office has approved the Master Agreement as to form.
ENVIRONMENTAL FINDINGS
This is not a "Project" for the purposes of CEQA pursuant to CEQA Guidelines section 15378(b)(5), as it is an administrative action that will not result in direct or indirect physical changes to the environment.
LOCAL PREFERENCE
Local preference was not considered because this resolution does not include a bid or award of a construction or services contract.
FISCAL IMPACT
According to the Fresno Council of Governments, there is approximately $10,756,000 programmed in Fiscal Year 2015/16 for the City's federal-aid transportation projects. If the Council chose not to approve the new Master Agreement, numerous transportation projects would lose all Federal funding.
Attachments:
Master Agreement
Resolution