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HomeMy WebLinkAbout2007 CON California Department of Transportation Caltrans - National City Blvd and 9th Street #005-N.PROGRAM SUPPLEMENT NO. N005 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 11-5066R Date : February 15, 2007 Location: I l-SI) 0-NATC Project Number:RPS1}'Lli-5066(013) E.A. Number:11-212734 This Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 6 / 1, /07 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article 1 of the aforementioned Master Agreement under authority of Resolution Nu. , approved by the Administering Agency on d7 (See copy attached). The Administering Agency further stipulates that as a condition to the payment by 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 setforth on the following pages. PROJECT LOCATION: on National City Blvd. and Fountain Plaza. TYPE OF WORN: National City Blvd Streetscape Promenade project LENGTH: 0(MILES) Estimated Cost Federal Funds Matching Funds $2,000,000.00 H220 $1,770,600.00 LOCAL $0.00 State $229,400.00 OTHER $0.00 CITY OF NATIO By CITY Roil Morrison, Mayor Date March 20, 200,7 Attest A Title Michael R. Dalla, City Clerk STATE OF CALIFORNIA Department;of Transportation By Chief, Office of Project Implementation Division of Local Assistance 57 /07 Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Offic Chapter Statutes Item Year Program 47 2006 2660-101-890 2006-2007 20.30.600.731 47 2006 2660 606-008 2006-2007 20.30.600.731 Date DC Cagegory S 228010 C 228010 Program Supplement 11-5066R-N005- ISTEA Fund Source 892-F 008-0 $2,000,000.00 AMOUNT 1,770,600.00 229,400.00 Page 1 of 3 11-3D-0-N %\TC 02/15/2007 RPSTPLE 5066(013) SPECIAL COVENANTS OR REMARKS 1. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days after the project contract award. A copy of the award package shall also be included with the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract to: Department of Transportation Division of Accounting Local Programs Accounting Branch, MS #33 P. O. Box 942874 Sacramento, CA 94274-0001. 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. 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. Any State and Federal funds that may have been encumbered for this project are only available for disbursement for a period of five (5) years and seven (7) years, respectively, frown the start of the fiscal year(s) that those funds were appropriated within the State Budget Act. All project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested and is approved by the California Department of Finance per Government Code Section 16304. The exact date of each fund reversion will be reflected in the approved finance letter(s) issued for this project. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement that is not submitted to the Department on or before 60 days after that applicable fixed fund reversion date will not be paid from that fiscal year's encumbered funds because all of these unexpended funds will be irrevocably reverted by the Department's Division of Accounting on that date. Program Supplement ll-5066R-N005- STEA Page 2 of 3 I t 741>-0 N/1TC RPSTPI .F: 5066(013 ) SPECIAL COVENANTS OR REMARKS 02/ 15/2007 Pursuant to a directive from the State Controller's Office and the Department of Finance, the last date to submit invoices for reimbursed work in each fiscal year is May 15th in order for payment to be made out of those then current appropriations. Project work performed and invoiced after May 15th will be reimbursed only out of available funding that might be encumbered in the subsequent fiscal year, and then only when those funds are actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office. 4. 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, and invoice payments for any on -going or future federal -aid 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. 5. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. Program Supplement 11-5066R-N005- ISTEA Page 3 of 3 STATE OF CALIFORNIA . BUSINESS,TRANSPORTATION AND HOUSING AGENCY Amold Schwarzenegger, Govemor DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TDD (916) 654-4014 (916) 654-3151 Fax (916) 653-7621 May 8, 2007 Mr. Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950 Attn: Mr. Michael R. Della Dear Mr. Kirkpatrick: File : 11-SD-0-NATC RPSTPLE-5066(013) on National City Blvd. and Fountain Plaza. Enclosed is your fully executed copy of Program Supplement Agreement No. 005-N to Administering Agency -State Agreement No. 11-5066R . Sincerely, ( J (C DENIX ANBIAH, Chief Office of Project Implementation Division of Local Assistance Enclosure c: DLA AE Project Files (11) DLAE - Erwin Gojuangco RESOLUTION NO. 2007 — 43 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. 005-N WITH THE STATE DEPARTMENT OF TRANSPORTATION TO ADMINISTER AGENCY -STATE AGREEMENT NO. 11-5066R TO OBTAIN $2 MILLION OF STATE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) FUNDS FOR THE INSTALLATION OF LANDSCAPED MEDIANS AND SIDEWALK IMPROVEMENTS ON NATIONAL CITY BOULEVARD, AND CONSTRUCTION OF THE 9TH STREET FOUNTAIN PLAZA PROMENADE IMPROVEMENT ON 9TH STREET WHEREAS, on November 13, 2006, the State authorized the City of National City to proceed with the following projects: 1. Installation of landscaped medians with street trees and traffic striping/marking on National City Boulevard between 7th and 2nd Streets; 2. Sidewalk area rehabilitation (streetscape) of an area on National City Boulevard between 12th and 7th Streets; and 3. The Fountain Plaza Promenade improvement, which will be installed on 9`h Street between A Avenue and National City Boulevard. WHEREAS, in order to process the invoices through the Department of Transportation, the City must execute Program Supplement Agreement No. 005-N to Administering Agency -State Agreement No. 11-5066R for the construction of the improvements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Program Supplement Agreement No. 005-N to Administering Agency -State Agreement No. 11-5066R for the Installation of landscaped medians and sidewalk improvements on National City Boulevard, and construction of the 9th Street Fountain Plaza Promenade Improvement. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of Mar07. on Morrison, ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: / 2./ George H.'iser, III City Attomey Passed and adopted by the Council of the City of National City, California, on March 20, 2007 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Gierk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-43 of the City of National City, California, passed and adopted by the Council of said City on March 20, 2007. City Clerk of the City of National City, California By: Deputy C ;ooh • 0`� City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 20. 2007 AGENDA ITEM NO. 6 ITEM TITLE Resolution of the City Council of National City authorizing the Mayor to execute a Supplemental Agreement Number 005-N with the State Department of Transportation to obtain $2 Million (60.07% of total construction cost) State Transportation Improvement Program (STIP) funds for the improvements of the National City Boulevard Streetscape and 9Th Street Fountain Plaza PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT. 4387 EXPLANATION In order to process the upcoming invoices through the Department of Transportation for reimbursement of the construction cost, the City must execute a program supplement agreement for the installation of landscaped medians with street trees and traffic striping/marking on National City Boulevard between 7th and 2nd Streets. The improvements will also include the sidewalk area rehabilitation of an area on National City Boulevard between 12th and 7th Streets. The project will also include a Fountain Plaza Promenade improvement which will be installed on 9th Street between "A" Avenue and National City Boulevard. The construction cost is partially funded by State Transportation Improvements Program (STIP) funds. On November 13, 2006 after completion and processing of the environmental documents as required for all of the State funded projects, the City received an authorization from the California Department of Transportation (Caltrans) to proceed with the construction. The total amount of authorized funds for the construction is $2,000,000 (60.07% of total estimated construction cost). The purpose of this Resolution is to approve the attached Program Supplement Agreement No. 005- N to administrating Agency -State Agreement No.11-5066R for construction. See attached Caltrans letter dated February 23, 2007, two original copies of the Agreement and other information. i Environmental Review N/A MIS Approval (Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. o o n L\ 1. Resolution 2. Two Original Supplemental Agreements Forms with their attachments A-200 (Hev. 7/03) t PROGRAM SUPPLEMENT NO. N005 to AT.:MINISTERING AGENCY -STATE AGREEMENT 1 FEDERAL -AID PROJECTS NO. 11-5066R Date:February 15,2007 Location:11-SD-0-NATC Project Number: RPSTPLE-5066(013) E.A. Number:11-212734 This Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on / / 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 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 setforth an the following pages. PROJECT LOCATION: on National City Blvd. and Fountain Plaza. TYPE OF WORK: National City Blvd Streetscape Promenade project LENGTH: 0(MILES) Estimated Cost Federal Funds Matching Funds $2,000,000.00 H220 $1,770,600.00 LOCAL $0.00 State $229,400.00 OTHER $0.00 CITY OF NATIONAL CITY By Date Attest Title 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 Offic Chapter Statutes fit: I1 a Item Year 47 2006 2660-101-890 2006 2007 Program Date d li/ IBC I Ca,egory Fund Source 20.30.600.731 S 228010 892-F 47 2006 2660-606-008 2006 2007 20.30.600.731 C 228010 008-0 Program Supplement 11-5066R -NO 05- IS TEA $2.000,000.00 1,770,600.00 229,400.00 Page 1 of 3 1-SD-(}NATO tPSTPLE-5066(013) SPECIAL COVENANTS OR REMARKS 02/15/2007 1. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days after the project contract. award. A copy of the award package shall also be included with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract to: Department of Transportation Division of Accounting Local Programs Accounting Branch, MS #33 P. O. Box 942874 Sacramento, CA 94274-0001. 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. 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. Any State and Federal funds that may have been encumbered for this project are only available for disbursement for a period of five (5) years and seven (7) years, respectively, from the start of the fiscal year(s) that those funds were appropriated within the State Budget Act. All project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested and is approved by the California Department of Finance per Government Code Section 16304. The exact date of each fund reversion will be reflected in the approved finance letter(s) issued for this project. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement that is not submitted to the Department on or before 60 days after that applicable fixed fund reversion date will not be paid from that fiscal year's encumbered funds because all of these unexpended funds will be irrevocably reverted by the Department's Division of Accounting on that date. Program Supplement11-5066R-N005- ISTEA Page 2 of 3 I 1-SD-C;-NATC tPSTPLE-5066(013) SPECIAL COVENANTS OR REMARKS 02/15/2007 Pursuant to a directive from the State Controller's Office and the Department of Finance, the last date to submit invoices for reimbursed work in each fiscal year is May 15th in order for payment to be made out of those then current appropriations. Project work performed and invoiced after May 15th will be reimbursed only out of available funding that might be encumbered in the subsequent fiscal year, and then only when those funds are actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office. 4. 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, and invoice payments for any on -going or future federal -aid 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. 5. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. Program Supplement11-5066R-N005- ISTEA Page 3 of 3 STATE OF CAUFORNIA . BUSINESS,TRANSPORTATION AND HOUSING AGENCY Arnold Schwarzenegger, Governor DEPARTMENT OF TRANSPORTATION Division of Local Assistance EN 1120 N STREET �i/�� P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TDD (916) 654-4014 (916) 654-3151 Fax (916) 653-7621 February 23, 2007 Mr. Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950 Attn: Mr. Stephen M. Kirkpatrick Dear Mr. Kirkpatrick: I EU f<<, cD5pr 100711AR - ( p /. 3 l File : 11-SD-0-NATC RPSTPLE-5066(013) on National City Blvd. and Fountain Plaza. Enclosed are two originals of the Program Supplement Agreement No. 005-N to Administering Agency -State Agreement No. 11-5066R and an approved Finance Letter for the subject project. Please retain the signed Finance Letter for your records. 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. In accordance to Government Code 16304, Federal funds appropriated by the State budget are available for liquidation only for seven years and the State funds are available only for five years. The attached Finance Letter shows these deadlines as the "Reversion Date". Please ensure that your invoices are submitted at least 60 days prior to the reversion date to avoid any lapse of funds. If your agency is unable to seek reimbursement by this date you may request an extension through a Cooperative Work Agreement (CWA). A CWA is subject to the final approval of the State Department of Finance. If approved, the CWA may extend the deadline for up to one year for federal funds and up to three years for State funds. Please note that Government Code 16304 does not supersede any other more restrictive expenditure deadlines. Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer. Sincerely, DENIX ANBIAH, Chief Office of Project Implementation Division of Local Assistance Enclosure c: DLA AE Project Files (11) DLAE - Erwin Gojuangco DEPARTMENT OF TRANSPORTATION DIVISION OF ACCOUNTING LOCAL PROGRAM ACCOUNTING BRANCH Attention. City of Natioanal City FINANCE ITEMS Fed. Partic FINANCE LETTER Date: 02/22/2007 Agency: 11-SD-0-NATC Pro'ect No: RPSTPLE-5066(013) EA No: 11-956395 11-212734 TOTAL COST OFTFEDERAL PART.I FED. —1 FED STIP I STATE STIP 1 LOCAL WORK COST REIMB % FUNDS FUNDS Construction $3,329,481 Totals: $2,000,000 88.53 • H220 $1,770,600 $229,400 $1,329,481 $3,329,481 ••$2,000,000 1 $1,770,600 $229,400 $1,329,4811 OTHERS 60.07% This Finance Letter was created based on specific financial information provided by the responsible local agency. The following encumbrance history is prepared by Local Assistance Accounting Office and Is provided here for local agency's information and action. Signature: Title: HQ, Local Assistance Area Engineer Remarks: Allocation Letterfcr CTC $2,000,000 For questions regarding finance letter, contact: Printed Name : WINTON EMMETT Telephone No: 916-654-6018 ACCOUNTING INFORMATION- RPSTPLE-5066(013) Fund Program Fed/State Encumbrance Amount 07GR RIP-STIP TRANS-S i F T 51,770,600 07TK TIF STIP ENHMT S $229,400 Approp Year 2006 2006 Expenditure Amount Reversion Date $0 06/30/13 $0 06/30/12 Page 1 of 1 RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. 005-N WITH THE STATE DEPARTMENT OF TRANSPORTATION TO ADMINISTER AGENCY -STATE AGREEMENT NO. 11-5066R TO OBTAIN $2 MILLION OF STATE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) FUNDS FOR THE INSTALLATION OF LANDSCAPED MEDIANS AND SIDEWALK IMPROVEMENTS ON NATIONAL CITY BOULEVARD, AND CONSTRUCTION OF THE 9TH STREET FOUNTAIN PLAZA PROMENADE IMPROVEMENT ON 9TH STREET WHEREAS, on November 13, 2006, the State authorized the City of National City to proceed with the following projects: 1. Installation of landscaped medians with street trees and traffic striping/marking on National City Boulevard between 7th and 2nd Streets; 2. Sidewalk area rehabilitation (streetscape) of an area on National City Boulevard between 12th and 7th Streets; and 3. The Fountain Plaza Promenade improvement, which will be installed on 9th Street between A Avenue and National City Boulevard. WHEREAS, in order to process the invoices through the Department of Transportation, the City must execute Program Supplement Agreement No. 005-N to Administering Agency -State Agreement No. 11-5066R for the construction of the improvements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Program Supplement Agreement No. 005-N to Administering Agency -State Agreement No. 11-5066R for the Installation of landscaped medians and sidewalk improvements on National City Boulevard, and construction of the 9th Street Fountain Plaza Promenade Improvement. Said Agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 20th day of March, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Elser, III City Attorney City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 March 27, 2007 Mr. Denix Anbiah, Chief Office of Project Implementation Department of Transportation Division of Local Assistance 1120 N Street P.O. Box 942874, MS #1 Sacramento, CA 94274-0001 Dear Mr. Anbiah, On March 20, 2007, Resolution No. 2007-43 was passed and adopted by the City Council of the City of National City, authorizing execution of Program Supplement Agreement No. 005-N with the State Department of Transportation. We are forwarding a certified copy of the above Resolution and two partially executed original agreements. Please return one fully executed original agreement to us for our files. Michael R. Dalla, CMC City Clerk Enclosures ®. Recycled Paper