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HomeMy Public PortalAbout14-007RESOLUTION NO. 14-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. N018 TO ADMINISTERING AGENCY -STATE MASTER AGREEMENT NO.07-5403R FOR FEDERAL AID PROJECTS COVERING THE CONSTRUCTION PHASE OF PROJECT NO. 1252 [FEDERAL NO. HPLUL-5403(021)]: A PEDESTRIAN BRIDGE ON 213 TI STREET OVER THE DOMINGUEZ CHANNEL 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. 1252: A Pedestrian Bridge on 213 th Street over the Dominguez Channel. NOW, THEREFORE, be it determined by the City Council of the City of Carson, California, that: Section 1. Program Supplement Agreement No. NOI 8 to Administering Agency - State Master Agreement No. 07-5403R will permit the City to be reimbursed up to $719,920.75 in Safe, Accountable, Flexible, and Efficient Transportation Equity Act — A Legacy for Users (SAFETEA-LU) federal fund money for the Construction Phase of the 213 th Street Pedestrian Bridge over the Dominguez Channel. 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 18'h day of February, 2014, �_l :0 Mayor Jim Dear ATTEST: City Clerk Donesia L. Gause, CMC APPROVED AS TO FORM: &t�7Attomc�) RESOLUTION NO. 14-007 PAGE 2 OF2 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. 14-007 was duly and regularly adopted by said Council at a regular meeting duly and regularly held on the l8th of February, 2014, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS: Mayor Dear, Santarina, Gipson, Davis -Holmes and Robles NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None City Clerk Donesia L. Gause, CMC ON City of Carson Report to Mayor and City Council February 18, 2014 U!w New Business Consent SUBJECT: CONSIDERATION OF RESOLUTION NO. 14-007, AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. N018 TO ADMINISTERING AGENCY -STATE MASTER AGREEMENT NO. 07-5403R FOR FEDERAL AID PROJECTS COVERING THE CONSTRUCTION PHASE OF PROJECT NO. 1252 [FEDERAL NO. HPLUL-5403(021)]: A PEDESTRIAN BRIDGE ON 213TR STREET OVER THE DOMINGUEZ CHANNEL Submitted by Massoud Ghiam, P.E. A*+ed V Jac44elyn Acosta Acting Director of Public Works/City Engineer Acffi-�g City Manager SUMMARY The City of Carson is currently undertaking Project No. 1252: A Pedestrian Bridge on 213' Street over the Dominguez Channel (Exhibit No. 1). A portion of funding for this project is provided by the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) federal fund. 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 a 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. N018 to Administering Agency -State Master Agreement No. 07-5403R obligates up to $719,920.75 of the SAFETEA-LU federal fund for the Construction Phase of this project (Exhibit No. 3). RECOMMENDATION WAIVE further reading and ADOPT Resolution No. 14-007, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. N018 TO ADMINISTERING AGENCY -STATE MASTER AGREEMENT NO. 07-5403R FOR FEDERAL AID PROJECTS COVERING THE CONSTRUCTION PHASE OF PROJECT NO. 1252 [FEDERAL NO. HPLUL-5403(021)]: A PEDESTRIAN BRIDGE ON 213 TH STREET OVER THE DOMINGUEZ CHANNEL." Iq City of Carson Report to Mayor and City Council February 18, 2014 IV. ALTERNATIVES 1. DO NOT ADOPT Resolution No. 14-007. 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 City's Capital Improvement Program (CIP) calls for the design and construction of Project No. 1252: A Pedestrian Bridge on 213th Street over the Dominguez Channel. The Los Angeles County Measure "R" Local fund; and the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) federal fund are providing funding for this project. On January 15, 2013, the City Council approved a Professional Services Agreement with KEC Engineers, Inc., for the preparation of plans, specifications and estimates (PS&E) for Project No. 1252: A Pedestrian Bridge on 213"' Street over the Dominguez Channel for a negotiated fee not -to -exceed $91,400.00 (Exhibit No. 4). The project involves construction of a 6 -foot wide, 260 -foot long sidewalk pedestrian bridge attached to the existing 213'h Street bridge over the Dominguez Channel. The proposed location is at the south side of the existing bridge. The pedestrian bridge will provide safe passage for pedestrians and wheelchairs and will improve traffic operations in this area. In accordance with the federal and state requirements, to be eligible for reimbursement, the project must be placed in a specific federal or state funding program, and the local agency must obtain authorization to proceed with each phase of the project from Caltrans. In August 2005, a request was submitted to the Los Angeles County Metropolitan Transportation Authority (Metro) for this project to be added to the SAFETEA-LU federal fund project list. Metro compiles the list of state and federally -funded projects, and then Caltrans processes the funding obligation and reimbursement. On October 10, 2013, a request for authorization to proceed with construction was submitted to Caltrans. Caltrans' construction authorization, in the form of an E-76, and the execution of a Program Supplement Agreement to the Administering Agency -State Master Agreement No. 07-5403R between the state City of Carson Report to Mayor and City Council February 18, 2014 and the City, will obligate up to $719,920.75 in the SAFETEA-LU federal fund for the Construction Phase of this project. On November 6, 2013, the City Council approved the PS&E, and authorized staff to advertise the work immediately after issuance of authorization to proceed with construction by Caltrans, and called for construction bids for Project No. 1252: A Pedestrian Bridge on 213�' Street over the Dominguez Channel (Exhibit No 5). On November 27, 2013, Caltrans authorized the City to advertise the work, and the bid opening was set for February 5, 2014. The accomplished and anticipated timeline for this project is as follows: Approval of Professional Services Agreement January 15, 2013 Caltrans environmental process and approval February 8, 2013 Approval of PS&E November 6, 2013 Caltrans issuance of "Authorization to Proceed with Construction" in the form of an E-76 November 27, 2013 Advertise Notice Inviting Bids January 7, 2014 Award of construction contract February 18, 2014 Start of construction April 2014 Completion of construction August 2014 V. FISCAL IMPACT The total estimated cost of this improvement project is $900,000.00. Funds in the amount of $1,000,000.00 are included in the FY 2013/14 SAFETEA-LU, and Measure "R" Local fund budgets. The project cost summary is shown below: Fund Source Account No. Amount Measure "R" Local 54-80-999-004-8020/0125201 $200,000.00 Federal SAFETEA-LU 20-80-999-849-8020/0125201 719,920. TOTAL $919,920.75 City of Carson Report to Mayor and City Council February 18, 2014 V1. EXHIBITS 1. Location Map. (pg. 5) 2. Resolution No. 14-007. (pg. 6) 3. Program Supplement Agreement No. N018. (pgs. 7-10) 4. Minutes, January 15, 2013, Item No. 8. (pg. 11) 5. Minutes, November 6, 2013, Item No. 10. (pg. 12) I Prepared by: Massoud Ghiam, P.E., Acting Director of Public Works / City Engineer IlCarson—nasldevsvrs�EATGIAEERING SERVICES DMSIONTROJECTY1252 Pedestrian Bridge AgendasIO2-18-14 CC Program Supplement NO18 Project No. 1252.docx TO-RevOl-06-2014 1D�11;axxl'-ii hir- City Clerk City Treasurer Administrative Services Public Works Community Development Community Services Action taken by City Council Date Action S1 Date P -ted T—day December 11 � 2012 MXD G TNGINEERING DIVISIOWL—t— Maps\MXDs�Pra'1252 mxd PDF G \ENGINEERING DIVISION%Lo�.t..�M.p��P,.jl252.pdt Location Map Project No. 1252 213th Street Pedestrian Bridge EXHIBIT NO. 1 S - RESOLUTION NO. 14-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. N018 TO ADMINISTERING AGENCY -STATE MASTER AGREEMENT NO.07-5403R FOR FEDERAL AID PROJECTS COVERING THE CONSTRUCTION PHASE OF PROJECT NO. 1252 [FEDERAL NO. HPLUL-5403(021)]: A PEDESTRIAN BRIDGE ON 213" STREET OVER THE DOMINGUEZ CHANNEL 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. 12521: A Pedestrian Bridge on 213th Street over the Dominguez Channel. NOW, THEREFORE, be it determined by the City Council of the City of Carson, California, that: Section 1. Program Supplement Agreement No. NO 18 to Administering Agency - State Master Agreement No. 07-5403R will permit the City to be reimbursed up to $719,920.75 in Safe, Accountable, Flexible, and Efficient Transportation Equity Act — A Legacy for Users (SAFETEA-LU) federal fund money for the Construction Phase of the 213 1h Street Pedestrian Bridge over the Dominguez Channel. 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 day of February, 2014. ATTEST: City Clerk Donesia L. Gause, CMC APPROVED AS TO FORM: City Attorney EXHIBIT NO. 0 2 Mayor Jim Dear PROGRAM SUPPLEMENT NO. N01 8 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 07-5403R Adv Project ID Date: January 9, 2014 0713000262 Location: 07-LA-0-CRSN Project Number: HPLUL-5403(021) E.A. Number: 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: 213th Street Pedestrian Bridge Over Dominguez Channel TYPE OF WORK: Construct Pedestrian Bridge LENGTH: O,O(MILES) Estimated Cost Federal Funds Matching Funds HY1 0 $136,876.00 LOCAL OTHER LY10 $583,044.75 $899,900.941 $179,980.19�1 $0.00 CITY OF CARSON By Title Date Attest Mayor Jim Dear STATE OF CALIFORNIA Department of Transportation By City Attorney 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 Date $719,920.75 Chapter I Statutes I Item I Year I Program I BC I Category I Fund Source I AMOUNT Program Supplement 07-5403R-NOI 8- ISTEA EXHIBiT NO. 0 3 Page I of 3 I r, Z, STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV 0112010) TO Clains Audits 3301 "C" Street, Rm 404 Sacramento, CA 95816 F1 FROM Department of Transportation Encumbrance Document VENDOR / LOCAL AGENCY CITY OF CARSON CONTRACT AMOUNT PROCUREMENTTYPE Local Assistance Page — of — DATE PREPARED 1PROJECT NUMBER 1/9/2014 0713000262 REQUISITION NUMBER I CONTRACT NUMBER. RQS-2660- 071400000700 $719,920.75 ADA Notit For individuals with sensory disabilities, this document is available in alternate formats For information, call (915) 654-64 10 of TDO (916) -3880 or write Records and Forms Management 1120 N Street, MS -89, Sacramento, CA 95814 U7-LA-0-CRSN HPLUL-5403(021) SPECIAL COVENA.NTS OR REMARKS 01/09/2014 The ADMINISTERING AGENCY will adver-tise, 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-NO18- ISTEA Page 2 of 3 07-LA-0-CRSN 01/09/2014 HPLUL-5403(021) 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 e ' ncumbered 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 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 days prior to the applicable fixed fund Reversion Date will not be paid, These unexpencled 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-NO18- ISTEA Page 3 of 3 Unofficial Until Approved B�, citv Council ITEM NO. (8) CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITix KEC ENGINEERS, INC., TO PREPARE THE PROJECT PLANS, SPECIFICATIONS AND ESTIMATES FOR PROJECT NO. 1252: NEW PEDESTRIAN BRIDGE ON 213TH STREET OVER THE DOMINGUEZ CHANNEL (PUBLIC WORKS DEPARTMENT) RECOMMENDATION for the City Council: TAKE the following actions: APPROVE a Professional Services Agreement with KEC Engineers, Inc., for the preparation of construction plans, specifications and estimates for Project No. 1252: New Pedestrian Bridge on 213th Street over the Dominguez Channel for a negotiated fee not -to -exceed $91,400.00. 2. APPROPRIATE $200,000.00 from the Measure "R" Local fund balance for Project No. 1252: New Pedestrian Bridge on 213th Street over the Dominguez Channel. 3. AUTHORIZE the Mayor to execute the Professional Services Agreement following approval as to forrn by the City Attorney. ACTION: Item No. 8 was approved on the New Business Consent Calendar on motion of Dear. seconded by Ruiz-Raber and unanimously carried by the following vote: Ayes: Mayor/Authority Chairman/Agency Chairman Dear, Mayor Pro Tem/Authority Vice Chairman/Agency Vice Chairman Ruiz-Raber, Council Member/Authonity Commissioner/Agency Member Davis Holmes, Council Member/Authonity Commissioner/Agency Member Gipson, and Council Member/Authonity Commissioner/Agency Member Santarina Noes: None Abstain: None Carson City Council January 15, 2013 PAGE 13 EXH1.1,81T NO. 0 4 Unofficial Until Approved B\ Cn-v Council ITEM NO. (10) CONSIDER APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATES, AND AUTHORIZATION TO ADVERTISE FOR CONSTRUCTION BIDS FOR PROJECT NO. 1252 [FEDERAL NO. HPLUL-5403(021)1: A PEDESTRIAN BRIDGE ON 213TH STREET OVER THE DOMINGUEZ CHANNEL (PUBLIC WORKS) P,ECOMMENDATION for the City Councih TAKE the following actions: A.PPROVE the plans. --ptelfications and tsilmaLles., and order the work, foi Pr-0-Ject 11252- A Pedestrian Bridgv- on 213th Street w;cr the Dominguez`_'hanneL 2. MAKE the California Environmental Quality Act finding that the proposed peciestrian bn'dgt on 213th Street over the Dominguez Channel is categorically exempt pursuant to Section 15301, 15301(c) and 15301(fl of the Califormia Environmental Quality Act guidelines. 3. AUTHORIZE staff to record the "Notice of Exemption" in the office of the Los Angeles County Clerk for Project No. 1252: A Pedestrian Bridge on 213th Street over the Dominguez Channel. 4. AUTHORIZE staff to advertise the work and call for construction bids for Project No. '1252: A Pedestrian Bridge on 213th Street over the Dominguez 'Channel pending Caltrans' issuance of the "Authorization to Proceed with Construction." ACTION: Item No. 10 was approved on the New Business Consent Calendar on motion of De: seconded by Gipson and unanimously carried by the following vote: Ayes: Mayor/Agency Chaii-man/Authoritv Chairman Dear, Mayor Pro Tem/Agency Vice Chain-nan/Authority Vice Chairman Santarina, Council Member/Agency Member/Authonity Commissioner Davis -Holmes, Council Member/Agency Member/Authority Commissioner Gipson, and Council Member/Agency Member/Authority Commissioner Robles Noes: None Abstain: None Absent: None Carson City Council November 6, 2013 P,4GE 15 EXHIRIT h1r% n,-