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Home My Public Portal About7KAGENDA ITEM 7. K. FINANCIAL SERVICES DEPARTMENT MEMORANDUM DATE: April 5, 2011 TO: The Honorable City Council FROM: Jose E. Pulido, City Manager 7` By: Monica Molina, Financial Services Manager SUBJECT: APPROVE ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL AID; PROGRAM SUPPLEMENT NO. 006-N (ROSEMEAD BOULEVARD SAFETY ENHANCEMENT & BEAUTIFICATION PROJECT) AND RESOLUTION NO. 11-4743, AUTHORIZING CITY MANAGER TO SIGN PROGRAM SUPPLEMENT RECOMMENDATION: It is recommended that the City Council: 1. Approve Administering Agency -State Agreement for Federal Aid, Program Supplement No. 006-N (Rosemead Boulevard Safety Enhancement & Beautification Project); and 2. Approve Resolution No. 11-4743, authorizing the City Manager to sign Program Supplement Agreement No. 006-N to the Administering Agency — Federal Master Agreement No. 07-5365R. BACKGROUND: 1. In the 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) legislation enacted by Congress, the Rosemead Boulevard project was earmarked to receive $800,000. Every earmark in the country undergoes a "haircut" by which approximately 9% of the funds are reduced as a result of the federal Highway Trust Fund taking in less money than projected. The amount of federal earmark dollars obligated towards this project is now $791,920. 2. On June 6, 2008, House Resolution 1195 (H.R. 1195) approved by Congress technically changed the title of the Rosemead Boulevard project from "Purchase of Rosemead Blvd ROW (Right of Way)" to "Rosemead Boulevard Safety City Council April 5, 2011 Page 2 Enhancement and Beautification Project" and made the federal earmark funds eligible to be spent for these improvements. 3. On March 18, 2008, Caltrans gave the City $386,000 for the relinquishment of Rosemead Boulevard. 4. Surface Transportation Program Local (STP-L) funds are federal funds allocated per capita by Metro based on projections of federal obligation authority (available funds to encumber) as part of the Highway Trust Fund policy. These funds accumulate until requested through an administrative process with Caltrans. The City has already obligated $641,710 to the Rosemead Boulevard project. 5. On October 6, 2009, the City Council approved the Federal Master Agreement No. 07-5365R which includes the administering of all federal aid funds. 6. Prior to any request of reimbursement of construction cost, the City Council must approve Program Supplement No. 006-N (Rosemead Boulevard Safety Enhancement & Beautification Project) and Resolution No. 11-4743. This program supplement includes: $719,921 in SAFETEA LU funds; and $641,710 in STP L. ANALYSIS: Over the last eighteen months, the City Manager and the City Council Ad Hoc Committee (i.e., Mayor Pro Tem Yu and Council member Blum) have focused on and accomplished many of the tasks needed to improve the design of the project with many more architectural, pedestrian, bicycle and community identity elements to reduce blight and provide more opportunities within the Rosemead Boulevard Redevelopment Project Area. These tasks have included assembling a team of consultants and city staff, moving the project into redesign, and pursuing additional grant funding opportunities. To date, the City Council and Agency Members have allocated a total of $11.05 million dollars in Local; State; and Federal grants for the Rosemead Boulevard Safety Enhancement & Beautification Project. In order to request reimbursement from the State, the City Council is requested to approve Resolution No. 11-4743 and Program Supplement No. 006-N. FISCAL IMPACT: This agenda item has no fiscal impact on the FY 2010-11 City Budget. CONCLUSION: City Council April 5, 2011 Page 3 Staff is recommending the City Council approve Resolution No. 11-4743 and Program Supplement No. 006-N (Rosemead Boulevard Safety Enhancement & Beautification Project). ATTACHMENTS: 1. Program Supplement No. 006-N 2. Resolution No. 11-4743 PROGRAM SUPPLEMENT NO. N006 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 07-5365R Date: Location: Project Number: E.A. Number: Locode: January 24, 2011 07-LA-1-TMPC HPLUL-5365(002) 07-933652 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 Pentland St/Railroad & Rosemead/Callita Rd. TYPE OF WORK: Safety Enhancement & Beautification LENGTH: 0.0(MILES) Estimated Cost $5,764,637.00 Federal Funds HY10 $136,876.00 L230 $641,710.00 LY10 $583,045.00 Matching Funds LOCAL $3,828,764.00 CITY OF TEMPLE CITY By Title Date Attest OTHER $574,242.00 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 Iris dolt. Date ---1 aF ti i $1.361.631.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT Program Supplement 07 -5365R -N006- ISTEA Page 1 of 3 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 01/2010) Page _ of TO: STATE CONTROLLER'S OFFICE Claims Audits 3301 "C" Street, Rm 404 Sacramento, CA 95816 FROM. DATE PREPARED. 1/27/2011 PROJECT NUMBER; 0700020203 REQUISITION NUMBER / CONTRACT NUMBER: RQS 070000000917 Department of Transportation SUBJECT: Encumbrance Document VENDOR! LOCAL AGENCY: CITY OF TEMPLE CITY CONTRACT AMOUNT: $1,361,631.00 PROCUREMENT TYPE: Local Assistance CHAPTER 1 STATUTES 2009 ITEM 2660-102-890 YEAR 2010 PEC/PECT TASK ISUBTASK 1 20.30.010.680 AMOUNT 2620/0420 $1,361,631.00 ADA NOtll For individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 854-6410 of TDD (918) -3880 or write Records and Forms Management, 1120 N. Street, MS -89, Sacramento, CA 95814. 07 -LA -1-1 MK; HPLUL-5365(002) 01/24/2011 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 -5365R -N006- ISTEA Page 2 of 3 U7 -LA -1-I MPL HPLUL-5365(002) SPECIAL COVENANTS OR REMARKS 01/24/2011 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. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award or with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract, whichever is earlier. 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. 7. 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. Program Supplement 07 -5365R -N006- ISTEA Page 3 of 3 Accounting Officer . PROGRAM SUPPLEMENT NO. N006 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 07-5365R Date: Location: Project Number: E.A. Number: Locode: January 24, 2011 07 -LA -1 -TM PC HPLUL-5365(002) 07-933652 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 Pentland St/Railroad & Rosemead/Callita Rd. TYPE OF WORK: Safety Enhancement & Beautification LENGTH: 0.0(MILES) Estimated Cost Federal Funds Matching Funds $5,764,637.00 HY10 $136,876.00 L230 $641,710.00 LY10 $583,045.00 CITY OF TEMPLE CITY By Title Date Attest LOCAL $3,828,764.00 OTHER $574,242.00 STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date hereby certify upon my personal�k{nnowledge that budgeted funds are available for this encumbrance: Afl1L! ` ok& Date 10ad ! I I $1,361.631.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT Program Supplement 07 -5365R -N006- ISTEA Page 1 of 3 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 0112010) Pape ` of TO. STATE CONTROLLER'S OFFICE Claims Audits 3304 "C" Street, Rm 404 Sacramento, CA 95816 DATE PREPARED: 1/27/2011 REQUISITION NUMBER / CONTRACT NUMBER: RQS 070000000917 PROJECT NUMBER: 0700020203 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR ! LOCAL AGENCY: CITY OF TEMPLE CITY CONTRACT AMOUNT: $1,361,631.00 PROCUREMENT TYPE: Local Assistance CHAPTER STATUTES ITEM ADA Notit For individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654-6410 of TDD (916) -3880 or wrile Records and Forms Management, 1120 N. Street, MS -89, Sacramento, CA 95814 2660-102-890 PECJPECT 20.30.010.680 TASK1SUBTASK 2620/0420 AMOUNT $1,361,631.00 U1 -L/1 -I -I IVIr .. U'I!L,41LU'Il HPLUJ-5365(002) 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 thatcollectively 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 -5365R -N006- ISTEA Page 2 of 3 V !'LM' 1- 1 r HPLUL-5365(002) SPECIAL COVENANTS OR REMARKS u uc4lcu•i r 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. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award or with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract, whichever is earlier. 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. 7. 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. Program Supplement 07 -5365R -N006- ISTEA Page 3 of 3 RESOLUTION NO. 11-4743 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AUTHORIZING THE CITY MANAGER OF THE CITY OF TEMPLE CITY, OR THE INTERIM CITY MANAGER, TO SIGN THE PROGRAM SUPPLEMENT AGREEMENT NO. 006-N TO THE ADMINISTERING AGENCY — FEDERAL MASTER AGREEMENT NO. 07-5365R WHEREAS, the State of California Department of Transportation has requested that the City of Temple City sign the Program Supplement Agreement No. 006-N to the Administering Agency — Federal Master Agreement No. 07-5365R and; WHEREAS, the City Council of the City of Temple City has approved and agreed to this Master Agreement and Supplement Agreement. 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 the Interim City Manager, 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. APPROVED AND ADOPTED this 5th day of April, 2011. MAYOR ATTEST: City Clerk I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution No. 11-4743 was duly adopted by the City Council of the City of Temple City at a regular meeting held on the 5th day of April, 2011 by the following vote: AYES: Councilmember NOES Councilmember - ABSENT: Councilmember - City Clerk