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Home My Public Portal About13-018RESOLUTION NO. 13-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. NO114 TO ADMINISTERING AGENCY -STATE MASTER AGREEMENT NO.07-5403R FOR FEDERAL AID PROJECTS COVERING THE CONSTRUCTION PHASE OF PROJECT NO.919 [FEDERAL NO. HPLUL-5403(017)]: WILMINGTON AVENUE INTERCHANGE MODIFICATION AT THE 1-405 FREEWAY WHEREAS, Caltrans and City are required by the Federal Highway Administration to execute a Program Supplement Agreement to Administering Agency - State Master Agreement No. 07-5403R for Project No. 919: Wilmington Avenue Interchange Modification at the 1-405 Freeway. NOW, THEREFORE, be it determined by the City Council of the City of Carson, California, that: Section 1. Program Supplement Agreement No. NO 14 to Administering Agency - State Master Agreement No. 07-5403R will permit the City to be reimbursed up to $3,599,599.76 in Safe, Accountable, Flexible, and Efficient Transportation Equity Act — A Legacy for Users (SAFETEA-LU) federal fund money for the construction phases of the Wilmington Avenue Interchange Modification at the 1-405 Freeway project. Section 2. The supplement to the agreement described in Section I is hereby approv i ed, the Mayor is hereby authorized to execute and the City Clerk to attest to the execution of the supplement, and the City Clerk is further authorized to deliver the executed supplement, together with a certified copy of this resolution, to the state of California. PASSED, APPROVED and ADOPTED this I 9th day of March, 2013. 4EST: Mayor Jim Dear City Clerk Donesia L. Gause, CMC APPROVED AS TO FORM: City Attorney RESOLUTION NO. 13-018 PAGE 2 OF 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF CARSON 1, Donesia L. Gause, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council is five; that the foregoing resolution, being Resolution No. 13-018 as duly and regularly adopted by said Council at a regular meeting duly and regularly held on the 19th day of March, 2013, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS: Mayor Dear, Ruiz-Raber, Davis -Holmes, Gipson, and Santarina NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None City Clerk, City of Carson, California City of Carson Report to Mayor and City -Council March 19, 2013 New Business Consent SUBJECT: CONSIDERATION OF RESOLUTION NO. 13-018, AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. N014 TO ADMINISTERING AGENCY -STATE MASTER AGREEMENT NO. 07-5403R FOR FEDERAL AID PROJECTS COVERING THE CONSTRUCTION PHASE OF PROJECT NO. 919 [FEDERAL NO. HPLUL-5403 (017)1: WILMINGTON AVENUE INTERCHANGE MODIFICATION AT THE 1-405 FREEWAY F04441 &Z C AMW, - Submitted by Farrokh Abolf1thi Approved by David C.Nggs Acting Director of Public Works City Manager 1. SUMMARY The City Council and the Carson Redevelopment Agency (CRA) / Carson Successor Agency (CSA) are planning to undertake Project No. 919: Wilmington Avenue Interchange Modification at the 1-405 freeway (Exhibit No. 1). The project includes improvements to the various intersection elements to enhance its capacity by adding a new northbound on-ramp, widening Wilmington Avenue, modifying the existing on- and off -ramps, and constructing a right turn lane from Wilmington Avenue northbound to 223rd Street eastbound. A portion of funding for this project is provided by the the Safe, Accountable, Flexible, and Efficient Transportation Equity Act — A Legacy for Users (SAFETEA-LU) federal funds. According to the Federal Highway Administration (FHWA) and the California: Department of Transportation (Caltrans), adoption of a resolution by the City Council authorizing the execution of the Program Supplement Agreement to Administering Agency -State Master Agreement No. 07-5403R between the state and the City is required (Exhibit No. 2). Program Supplement Agreement No. NO 14 to Administering Agency- State Master Agreement No. 07-5403R obligates up to $3,599,599.76 in the SAFETEA-LU fund for the construction phases of this project (Exhibit No. 3). 11. RECOMMENDATION WAIVE further reading and ADOPT Resolution No. 13-018, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. N014 TO ADMINISTERING AGENCY -STATE MASTER AGREEMENT NO. 07-5403R FOR FEDERAL AID PROJECTS COVERING THE CONSTRUCTION PHASE OF PROJECT NO. 919 [FEDERAL NO. HPLUL-5403(017)]: WILMINGTON AVENUE INTERCHANGE MODIFICATION AT THE 1-405 FREEWAY." city of Carson Report to Mayor and City Council March 19, 2013 IV. ALTERNATIVES 1. DO NOT ADOPT Resolution No. 13-018. 2. TAKE another action the City Council deems appropriate. However, the City must execute program supplement agreements in order to receive federal funds for the construction phase of this project. No invoices for reimbursement can be submitted to the state until a program supplement agreement is fully executed. BACKGROUND The Wilmington Avenue / 223 rd Street / 1-405 freeway interchange modification project is listed in the City's Capital Improvement Program (CIP) for FY 2005/06. Wilmington Avenue essentially runs north/south and the 1-405 freeway runs on a due east/west alignment at this location. Wilmington Avenue is an undercrossing and generally provides two lanes in each direction in the project vicinity. The southerly quadrant of the interchange is a standard diamond configuration. The northerly quadrant has a loop on-ramp and an off -ramp, both located in the northeast quadrant. A railroad track crosses 223rd Street and Wilmington Avenue south of the interchange, runs parallel to the 1-405 freeway, and limits the opportunities for modifications in the south quadrants. On July 16, 2012, a request for authorization to proceed with construction was submitted to Caltrans. On December 13, 2012, Caltrans issued authorization to advertise the project for construction bids. Caltrans' construction authorization, in the forin of an E-76, and the execution of a program supplement agreement to Administering Agency -State Master Agreement No. 07-5403R between the state and the City, will obligate up to $3,599,599.76 in SAFTEA-LU federal funds for the construction phase of this project. The accomplished and anticipated timeline for this project is as follows: Approval of Professional Services Agreement: Design September 5, 2006 Approval of Professional Services Agreement: Construction Management February 17, 2009 Approval of PS&E May 15, 2012 Caltrans issuance of Construction Authon*zation-(E-76) December 13, 2012 Notice Inviting Bids March 2013 -Advertise Award of construction contract May 2013 Completion of construction December 2015 0) City of Carson Report to Mayor and City Council March 19, 2013 V. V1. FISCAL IMPACT Program supplement agreements are routinely required for the allocation and 09 reimbursement of funds for each 'individual federal -aid pr *ect. Execution of this agreement will allow the City to receive federal reimbursement in an amount not - to -exceed $3,599,599.76 for the construction of the Wilrmington Avenue Interchange Modification at the 1-405 Freeway. This is a multi-year project for which funds have been and will be budgeted each fiscal year in the Merged and Amended Redevelopment Project Area/Successor Agency budgets in account no. 82-70-710-98 5-8020/009190 1. The project funding sources and amounts are as follows: Federal fund — SAFETEA-LU $3,599.599.76 Federal Interstate Maintenance Discretionary funds 712,500.00 State fund, MTA — 2007 Call for Projects 11,362,000.00 Redevelopment Agency/ Successor Agency 9,428,000.00 I TOTAL 1 $25,102,500.76 � V V14TRIT4Z 1. Location Map. (pg. 4) 2. Resolution No. 13-018. (pg. 5) 3. Program Supplement AgreementNo. N014. (pgs.6-9) Z:' zn G.ENGINEERLNG DI'VISIMPROJECTS1919 WILMINGTON-1405\AGENDAS\-1-19-13 CC Pralert 919 Program supplement 14-N.doc.docx Prepared by: Massoud Ghiam, P.E., Senior Civil Engineer TO R-09-04-2012 I — "V ',W%,U City Clerk City Treasurer Administrative Se Public Works Community�Dev o�ment Community Services Action taken by City Council Date Action DO Arno �Dolphi n... Ele.mentary �.--.Park, . Scho -7, )N ST CARSON ST CARSON ST CARSO T !Carnegie T, a Middle Friendship School Park a as —7n �-Palrk' 'PaT 405 FRE WAY 22M S 223RD ST -ec -g- 0w*Jte--' 91 3 Location Map Project No. 919 1-405 - Wilmington Ave Modifications EXHIBIT NO. 1 Date P -ted Tuesday, July 31, 2012 MXD G \ENGINEERING DIVISIOMLocation MapsWXDs\Project_919 mxd PDF G �ENGINEERING DIVISIOWI-ocation Maps\Project 919.pdf RESOLUTION NO. I _3 )-0 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. N014 TO ADMINISTERING AGENCY -STATE MASTER AGREEMENT NO.07-5403R FOR FEDERAL AID PROJECTS COVERING THE CONSTRUCTION PHASE OF PROJECT NO.919 [FEDERAL NO.HPLUL-5403(017)]: WILMINGTON AVENUE INTERCHANGE MODIFICATION AT THE 1-405 FREEWAY WHEREAS, Caltrans and City are required by the Federal Highway Administration to execute a Program Supplement Agreement to Administering Agency - State Master Agreement No. 07-5403R for Project No. 919: Wilmington Avenue Interchange Modification at the 1-405 Freeway. NOW, THEREFORE, be it determined by the City Council of the City of Carson, California, that: Section 1. Program Supplement Agreement No. N014 to Administering Agency - State Master Agreement No. 07-5403R will pen -nit the City to be reimbursed up to $3,599,599.76 in Safe, Accountable, Flexible, and Efficient Transportation Equity Act — A Legacy for Users (SAFETEA-LU) federal fund money for the construction phases of the Wilmington Avenue Interchange Modification at the 1-405 Freeway project. Section 2. The supplement to the agreement described in Section I is hereby approved, the Mayor is hereby authorized to execute and the City Clerk to attest to the execution of the supplement, and the City Clerk is further authorized to deliver the executed supplement, together with a certified copy of this resolution, to the state of California. PASSED, APPROVED and ADOPTED this 19'h day of March, 2013. ATTEST: City Clerk Donesia L. Gause, CMC APPROVED AS TO FORM: City Attorney EXHIBIT NO. 0 2 Mayor Jim Dear rAl PROGRAM SUPPLEMENT NO. N014 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 07-5403R Adv Project ID Date: February 15, 2013 0700020789 Location: 07-LA-405-CRSN Project Number: HPLUL-5403(017) E.A. Number: 07-234008 Locode: 5403 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 04/26/07 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: Widen Wilmington Ave @ 1405 TYPE OF WORK: Roadway Widening LENGTH: O.O(MILES) ffsfi nria te d– C —os t Federal F . unds Matching Funds 1 OTHER HYI� $6�Z78.00 LOCAL LY10 $2,915,221.76 S1 5.200,000-001 $712,500.00 CITY OF CARSON STATE OF CALIFORNIA Department of Transportation By By Chief, Office of Project Implementation Title Division of Local Assistance Date Date Attest ------- — I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer-------- Date S3.599,599.76 Chapter� I statutes Item Year Program BC Category Fund Source AMOUNT -------------------- -------- ----- EXH1131T NO. 0 3 Program Supplement 07-5403R-NO14- ISTEA Page 1 of 3 A STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV 01/2010) TTE CONTROLLER!S OFFICE Claims Audits Psqe 1 01 1 DATE PREPARED PROJECT NUMBER 2fl5/2013 1 0700020789 3301 -C" Street, Rm 404 RECUISITiON NUMBER/ CONTRACT NUMBER q.—tn CA 95816 1 ROS -2660-071300000829-1 FROM Department of Transportation SUBJECT Encumbrance Document VENDOR/ LOCAL AGENCY d"I'l-V nc: rApczr)N $3,599,599.76 PROCUREMENTTYPE Local Assistance ADA Notii For individuals with sensory disabilities this document is available in alternate formats For information call (915) 654-6410 of TDO (916) -3880 or write Records and Forms Management, 1! 20 N Street, MS -89 Sacramento CA 95814 VC21 513 # 1 02/15/2013 07-LA-405-CRSN HPLUL-5403(017) 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 07-5403R-NO1 4- ISTEA Page 2 of 3 02/1512013 07-LA-405-CRSN HPLUL-5403(017) 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 thp 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 unliquiclated 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 lays prior to the applicable fixed fund Reversion Date will not be paid. U P 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 07-5403R-NO1 4- ISTEA Page 3 of Z3