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Home My Public Portal About11) 7H ROSEMEAD BLVD.AGENDA ITEM 7.H. MANAGEMENT SERVICES DEPARTMENT DATE: November 6, 2012 MEMORANDUM TO: The Honorable City Council FROM: Jose E. Pulido, City Manager do By: Lissette Calleros, Avant -Garde Inc. SUBJECT: AGENCY -STATE AGREEMENT FOR FEDERAL AID PERTAINING TO ROSEMEAD BOULEVARD SAFETY ENHANCEMENT & BEAUTIFICATION PROJECT; AND ADOPT RESOLUTION NO. 12-4869 AUTHORIZING THE CITY MANAGER TO SIGN SAID AGREEMENT RECOMMENDATION: It is recommended that the City Council: a) Approve Administering Agency -State Agreement for Federal Aid, Program Supplement No. 007-N (Rosemead Boulevard Safety Enhancement & Beautification Project); and b) Adopt Resolution No. 12-4869, authorizing the City Manager to sign the Program Supplement Agreement No. 007-N to the Administering Agency -Federal Master Agreement No. 07-5365. BACKGROUND: 1. On March 6, 2012, the City Council adopted Resolution No. 12-4802 to approve the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Rosemead Boulevard Safety Enhancement and Beautification Project; and authorized the City Manager to release the plans and specifications for bid upon receipt of Caltrans' Authorization to Proceed with Construction (E- 76). A re -validation of the environmental (NEPA/CEQA) document was issued by Caltrans on April 20, 2012. 2. On March 26, 2012, staff submitted to Caltrans the Request for Authorization to Proceed with Construction. This authorization, typically provided within three to four months of submittal, must be granted and secured prior to the solicitation of bids for the project. 3. On April 14, 2012, the final Right -of -Way certification package was submitted to Caltrans for approval. Approval from Caltrans is important to ensure that the City Council November 6, 2012 Page 2 City is in compliance with Caltrans Local Assistance Procedures. Approval of the document was issued by Caltrans on June 6, 2012. 4. On June 28, 2012, final changes were made to the Request for Authorization to Proceed with Construction package based on the updated project cost estimate produced by Gruen Associates. 5. On July 30, 2012, the Request for Authorization to Proceed with Construction package was approved by the Federal Highway Administration (FHWA), the entity that issues the actual E-76 document. The City must obtain the E-76 document in order to move forward with the construction phase of the project. ANALYSIS: The Rosemead Boulevard Safety Enhancement and Beautification Project currently has $4.3 million of federal funds allocated to the project. These funds are comprised of $719,921 of Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA- LU) funds, $1,007,813 of Surface Transportation Program Local (STPL) funds, $340,000 of Highway Safety Improvement Program (HSIP) and $2,250,000 of Congestion Management Air Quality Funds (CMAQ). These funds require that they are managed in accordance with the Caltrans Program Local Procedures Manual. Prior to beginning federally funded work, the project must be formally authorized by Caltrans. Each phase of work such as: Environmental, Right of Way Acquisition, Utility Relocation and Construction require a separate federal authorization. In fulfillment of this requirement staff has worked with Caltrans to obtain both the Right -of -Way Authorization and Authorization to Proceed with Construction to secure the E-76 for the project. Right -of -Way Authorization was granted on June 6, 2012. In addition, following Right -of -Way authorization and completion of the plans and specifications, staff initiated the process of preparing the request for Authorization to Proceed with Construction to secure the E-76. On July 30, 2012, the Request for Authorization to Proceed with Construction package was approved by Federal Highway Administration (FHWA), the entity that issues the actual E-76 document. Following issuance of the E-76, Caltrans guidelines require that the City execute a Program Supplemental Agreement with the office of Caltrans Local Programs, which administers the funds. The Program Supplement Agreement to the Master Agreement formalizes the financial responsibilities and provisions for a specific Federal -aid or State funded project (Attachment "A"). The Program Supplement Agreement identifies the types and amounts of Federal, State and local funds that are to be used to finance the project and is the contractual basis for the State to pay the City for work completed on the project. Approval of the agreement and adoption of a resolution (Attachment "B") is necessary to obtain reimbursement for the construction costs of the project. Upon execution by the City and Caltrans, the City can begin to invoice Caltrans for reimbursement on construction related activities. City Council November 6, 2012 Page 3 BUDGET IMPACT: Adoption of this Resolution has no fiscal impact. Costs identified in the Program Supplement Agreement are within the approved budget for the project. CONCLUSION: The City Council is requested to approve the Program Supplement Agreement No. 007- N for the Rosemead Boulevard Safety Enhancement and Beautification Project and adopt Resolution No. 12-4869 authorizing the City Manager to sign the Program Supplement Agreement. Approval of the agreement and adoption of a resolution is necessary to obtain federal reimbursement for $4,317,717 of the project construction costs. Upon execution by the City and Caltrans, the City can begin to invoice Caltrans for reimbursement on construction related activities. ATTACHMENTS: A. Program Supplement Agreement No. 007-N B. Resolution No. 12-4869 STATE OF CALIFORNIA. BUSINESS,TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TTY 711 (916)654-3151 Fax(916)653-7621 October 4, 2012 Mr. Steve Masura Director of Community Development City of Temple City 9701 Las Tunas Drive Temple City, CA 91780-2249 Dear Mr. Masura: PLANNING DEPARTMENT OCT 0 9 2012 CITY OF TEMPLE CITY Attachment A EDMUND G. BROWN Jr. Governor File: 07-LA-0-TMPC CML -5365(007) Rosemead Blvd between South of UPPR (City Limits)to Norht of Callita Rd (North City Limits) Enclosed are two originals of the Program Supplement Agreement No. 007-N to Administering Agency -State Agreement No. 07-5365R. 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 within 60 days from the date of this letter. If the signed Agreements are not received back in this office within 60 days, funds will be disencumbered and/or deobligated. 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. A copy of the State approved finance letter containing the fund encumbrance and reversion date information will be mailed to you with your copy of the executed agreement. Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer. Sincerely, BARRY LEAMIN , Chief Office of Project Implementation - South Division of Local Assistance Enclosure c: DLA AE Project Files (07) DLAE - David Sosa PROGRAM SUPPLEMENT NO. N007 Adv Project ID Date: September 25, 2012 to 0712000245 Location: 07-LA-0-TMPC ADMINISTERING AGENCY -STATE AGREEMENT Project Number: CML -5365(007) FOR FEDERAL -AID PROJECTS NO 07-5365 E.A. Number: Locode: 5365 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 10/19/09 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 obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: Rosemead Blvd between South of UPPR (City Limits)to Norht of Callita Rd (North City Limits) TYPE OF WORK: Safety Enhancement and Beautification project Estimated Cost $16,923,255.00 CITY OF TEMPLE CITY By Title Date Attest Federal Funds HY10 $136,876.00 L23E $1,007,813.00 LS3E $340,000.00 L40E $2,250,000.00 LY10 $583,045.00 LOCAL $12,605,521.00 LENGTH: 0.0(MILES) Matching Funds $0.00 STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Dat= I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer It / �2L t'1 9jf1 _"4 Date /- ��_ 12 84,317,734.00 Chapter Statutes Item I Year Program _ BC I Category I Fund Source AMOUNT Program Supplement 07-5365-N007- ISTEA Page 1 of 3 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF(REV 01/2010) Page_1_orl- TO AOROLLER/SVFICE DATE PREPARED 9/26/2012 PROJECT NUMBER Claims Audits 3301 "C' Street, Rm 404 REQUISITION NUMBER / CONTRACT NUMBER. Sacramento, CA 95816 RQS-2660.071300000306-1 FROM Department of Transportation SUBJECT: Encumbrance Document VENDOR/LOCALAGENCY: CITY OF TEMPLE CITY CONTRACTAMOUNT: $4,317,734.00 PROCUREMENT TYPE' Local Assistance CHAPTER STATUTES I ITEM YEAR i PEC/PECT 33 2011 2660-102-0890 2011-20121 20.30.010.820 33 2011 2660-102-0890 2011-20121 20.30.010.810 33 2011 2660-102-0890 2011-2012 20.30.010.680 33 2011 2660-102-0890 2011-2012 20.30.010.550 TASK/SUBTASK J 2620/0400 2620/0400 2620/0420 2620/0420 I TOTAL AMOUNT $2,250,000.00 $1,007,813.00 $719,921.00 $340,000.00 4,317,734.00 ADA Noti For individuals min sensory disabilities, this document is available in alternate formals. For information, call (915) 654-6410 of TDD (916) 3880 or unite Records and Farms Management, 1120 N Street, MS -89, Sacramento, CA 95814 1/C atl.zlS �f:lI 07-LA-0-TMPC 09/25/2012 CML -5365(007) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 2. 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). 3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. 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 Local Assistance Procedures Manual. 4. The Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal - assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 5. As a condition for receiving federal -aid highway funds for the PROJECT, the Program Supplement 07-5365-N007- ISTEA Page 2 of 3 07-LA-0-TMPC 09/25/2012 CML -5365(007) SPECIAL COVENANTS OR REMARKS Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Excluded Parties List System (EPLS). 6. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. 7. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of 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 invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual, Program Supplement 07-5365-N007- ISTEA Page 3 of 3 PROGRAM SUPPLEMENT NO. N007 Adv Project ID Date: September 25, 2012 to 0712000245 Location: 07-LA-0-TMPC ADMINISTERING AGENCY -STATE AGREEMENT Project Number: CML -5365(007) FOR FEDERAL -AID PROJECTS NO 07-5365 E.A. Number: Locode: 5365 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 10/19/09 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 obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: Rosemead Blvd between South of UPPR (City Limits)to Norht of Callita Rd (North City Limits) TYPE OF WORK: Safety Enhancement and Beautification project Estimated Cost $16,923,255.00 CITY OF TEMPLE CITY By Title Date Attest Federal Funds HY10 $136,876.00 L23E $1,007,813.00 LS3E $340,000.00 L40E $2,250,000.00 LY10 $583,045.00 LOCAL $12,605,521.00 LENGTH: 0.0(MILES) Matching Funds OTHER $0.00 STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Data I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer 'r1 �r 4YNA i Date ` - 1 Z $4.317.734.00 r Chapter Statutes I Item I Year Program BC I Category Fund Source AMOUNT Program Supplement 07-5365-N007- ISTEA Page 1 of 3 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 0112010) TO: STATE CONTROLLER'S OFFICE (DATE PREPARED. Claims Audits 9/26/2012 3301 "C" Street, Rm 404 REQUISITION NUMBER/ CONTRACT NUMBER: Sacramento, CA 95816 RQS-2660-071300000306-1 FROM: Department of Transportation SUBJECT Encumbrance Document VENDOR/ LOCAL AGENCY: CITY OF TEMPLE CITY CONTRACTAMOUNT: $4,317,734.00 PROCUREMENT TYPE: Local Assistance CHAPTER STATUTES ITEM YEAR PECIPECT TASK/SUBTASK 33 2011 2660-102-0890 12011-2012 20.30.010.820 2620/0400 33 2011 2660-102-0890 2011-2012 20.30.010.810 2620/0400 33 2011 2660-102-0890 2011-2012 20.30.010.680 2620/0420 33 2011 2660-102-0890 2011-20121 20.30.010.550 2620/0420 TOTAL Page i_of 1_ IPROJECTNUMBER. 0712000245 AMOUNT $2,250,000.00 $1,007,813.00 $719,921.00 $340,000.00 4,317,734.00 ADA Noth For Individuals with sensory disablihes, this document is available in alternate formats. For information, call (915) 654-0410 of TDD (918) .3880 or write Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814. VC t id -&s t4 07 -LA -0 -TM P C 09/25/2012 CML -5365(007) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 2. 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). 3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. 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 Local Assistance Procedures Manual. 4. The Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal - assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 5. As a condition for receiving federal -aid highway funds for the PROJECT, the Program Supplement 07.5365-N007- ISTEA Page 2 of 3 07-LA-0-TMPC 09/25/2012 CML -5365(007) SPECIAL COVENANTS OR REMARKS Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Excluded Parties List System (EPLS). 6. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. 7. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of 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 invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. Program Supplement 07-5365-N007- ISTEA Page 3 of 3 Attachment B Resolution No. 12-4869 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING THE CITY MANAGER OF THE CITY OF TEMPLE CITY OR HIS DESIGNEE TO SIGN PROGRAM SUPPLEMENT AGREEMENT NO. 007-N TO THE ADMINISTERING AGENCY -FEDERAL MASTER AGREEMENT NO. 07-5365. WHEREAS, the Rosemead Boulevard Enhancement and Beautification Project currently has $4.3 million of federal funds allocated to the Project; and WHEREAS, these funds will require that they are managed in accordance with the Caltrans Program Local Procedures Manual; and WHEREAS, On July 30, 12, Caltrans issued the E-76 document authorizing the City to utilize $4.3 million of federal funds for construction related activities; and WHEREAS, the State of California Department of Transportation (CALTRANS) requires the City of Temple City execute the Federal Program Supplement Agreement NO.007-N for the Rosemead Boulevard Enhancement and Beautification Project, in order to be eligible to receive Caltrans' share of eligible project costs. WHEREAS, the City Council of the City of Temple City has approved and agreed to this Program Supplement Agreement; and NOW, THEREFORE, the City Council of the City of Temple City does hereby resolve, determine and order as follows: Section 1. That the City Manager of said City, or his designee, is hereby authorized to sign said Agreement on behalf of the City. Section 2. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED AND ADOPTED by the governing body of the City of Temple City on this 6th day of November, 2012. Mayor Resolution No. 12-4869 Page 2 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney I hereby certify that the foregoing resolution, Resolution No. 12-4869, was duly passed, approved and adopted by the City Council of the City of Temple City at a regular meeting held on the 6th day of November, 2012, by the following vote: AYES: Councilmember- NOES: Councilmember- ABSENT: Councilmember- ABSTAIN: Councilmember- City Clerk