CC - Item 5C - Sidewalk Gap Closure - Delta Avenue from Mission Drive to Wells Street Project - Adopt Resolution 2023-11 to Authorize the City Manager to Execute Agreement with CaltransROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: FEBRUARY 14, 2023
SUBJECT: SIDEWALK GAP CLOSURE - DELTA AVENUE FROM MISSION DRIVE
TO WELLS STREET PROJECT - PROJECT NO. 21029 — ADOPT
RESOLUTION NO. 2023-11 TO AUTHORIZE THE CITY MANAGER TO
EXECUTE A PROGRAM SUPPLEMENTAL AGREEMENT WITH
CALTRANS
SUMMARY
As part of the City's Fiscal Year 2022-23 Capital Improvement Program, the City Council
approved the Safe Routes to School — Sidewalk Gap Closure — Delta Avenue from Mission Drive
to Wells Street Project. The City received grant funds from the Caltrans Active Transportation
Program (ATP) in the amount of $1,100,000. In conformance with the grant requirements and to
expend the grant funds, the City Council must adopt a resolution designating the City Manager as
the authorized official to execute a Program Supplemental Agreement with Caltrans.
On December 13, 2022, the City Council awarded a construction contract to FS Contractors, Inc.
for the construction of the Project. Construction is tentatively scheduled to begin in February 2023
and be completed in May 2023.
The City received a Program Supplemental Agreement from Caltrans for the authority to expend
state funds in the amount of $1,100,000 for the construction phase of the Project. In conformance
with the grant requirements and to expend the grant funds, the City Council must adopt a resolution
designating the City Manager as the authorized official to execute the Agreement with Caltrans.
STAFF RECOMMENDATION
It is recommended that the City Council:
1. Adopt Resolution No. 2023-11 authorizing the City Manager to execute a Program
Supplemental Agreement with Caltrans on behalf of the City of Rosemead.
AGENDA ITEM 5.0
City Council Meeting
February 14, 2023
Page 2 of 2
FINANCIAL IMPACT
The Project is included in the Fiscal Year 2022-23 CIP budget and consists of $1,100,000 in State
Funded ATP, and $320,000 in Measure R Funds, for a combined total budget of $1,420,000.
ENVIRONMENTAL REVIEW
The proposed work involves the rehabilitation of an existing public facility; therefore, the project
is Class 1 Categorically Exempt pursuant to the California Environmental Quality Act (CEQA).
STRATEGIC PLAN IMPACT
The project is consistent with the City of Rosemead's Strategic Plan Goal C - Infrastructure and
Facilities, which is to enhance streets, sidewalks, and public infrastructure; coordinate with
relevant utility agencies regarding safety and enhancements; and modernize facilities by expanding
the use of wireless network technology and renewable energy.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
LO
Eddie Chan, P.E., T.E.
City Engineer
Submitted by:
X CA t4
Michael Chung, P.E.
Director of Public Works
Attachment A: Resolution No 2023-11
Attachment B: Program Supplemental Agreement with Caltrans
Attachment A
Resolution No. 2023-11
RESOLUTION NO. 2023-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, TO AUTHORIZE THE
CITY MANAGER TO EXECUTE A PROGRAM
SUPPLEMENTAL AGREEMENT WITH CALTRANS ON
BEHALF OF CITY OF ROSEMEAD FOR SIDEWALK GAP
CLOSURE - DELTA AVENUE FROM MISSION DRIVE TO
WELLS STREET PROJECT
WHEREAS, the City of Rosemead received grant funds from Caltrans through Active
Transportation Program (ATP) in the amount of $1,100,000 for Sidewalk Gap Closure - Delta
Avenue From Mission Drive To Wells Street Project;
WHEREAS, in January 2023, the City received a program supplemental agreement from
Caltrans, authorizing the City to expend state funds in the amount of $1,100,000 for the
construction phase of the Safe Routes to School — Sidewalk Gap Closure — Delta Avenue from
Mission Drive to Wells Street Project;
WHEREAS, to ensure receipt of such funding, the City Council must adopt a resolution
designating the City Manager as the authorized official to execute a program supplemental
agreement with Caltrans.;
THE ROSEMEAD CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
SECTION 1: The City Manager is authorized and directed to execute the program
supplemental agreement on behalf of the City as identified in the recitals above.
SECTION 2: The City Clerk shall certify the adoption of this Resolution.
[signatures on next page]
PASSED, APPROVED AND ADOPTED this 14th day of February 2023.
APPROVED AS TO FORM:
Sean Dang, Mayor
ATTEST:
Rachel H. Richman, City Attorney Ericka Hernandez, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Resolution No. 2023-11 was duly adopted by the City Council of the City of
Rosemead, California, at a regular meeting thereof held on the 14`h day of February, 2023, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
Attachment B
Program Supplemental Agreement
with Caltrans
PROGRAM SUPPLEMENT NO. OOOOOA005
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR STATE FUNDED PROJECTS NO 07-5358521
Adv. Project ID Date: April 07, 2022
0721000074 Location: 07-LA-0-RSMD
Project Number: ATPL-5358(020)
E.A. Number:
Locode: 5358
This Program Supplement, effective 03/17/2022, hereby adopts and incorporates into the Administering Agency -State
Agreement No. 07-5358521 for State Funded Projects which was entered into between the ADMINISTERING AGENCY
and the STATE with an effective date of 02/25/2022 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 encumbered to this project, Administering Agency accepts and will comply with the Special
Covenants and remarks set forth on the following pages.
PROJECT LOCATION: along Delta Avenue between Mission Drive & Wells Street. The approx. length of the street is
TYPE OF WORK: Install sidewalks,curb,gutters and ADA compliant ramps LENGTH: 0.0(MILES)
acessibility
Estimated Cost
State Funds
Matching Funds
LOCAL
OTHER
TATE $1,100,000.00
$1,175,000.00
$75,000.00
$0.00
CITY OF ROSEMEAD
By
Title
Date
Attest
Ben Kim
City Manager
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 4&CZ Date 4/7/2022
$1,100,000.00
Program Supplement 07--535-A005- SERIAL Page 1 of 4
07-LA-0-RSMD
ATPL-5358(020)
SPECIAL COVENANTS OR REMARKS
1. A. This PROJECT will be administered in accordance with the applicable CTC STIP
guidelines and the Active Transportation Program guidelines as adopted or amended, the
Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines
(LAPG), and this PROGRAM SUPPLEMENT.
B. This PROJECT is programmed to receive State funds from the Active Transportation
Program (ATP). Funding may be provided under one or more components. A component(s)
specific fund allocation is required, in addition to other requirements, before reimbursable
work can occur for the component(s) identified. Each allocation will be assigned an effective
date and identify the amount of funds allocated per component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible
PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the
effective date of the component specific allocation will constitute the start of reimbursable
expenditures.
C. STATE and ADMINISTERING AGENCY agree that any additional funds made available
by future allocations will be encumbered on this PROJECT by use of a STATE -approved
Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE
funds available for reimbursement will be limited to the amount allocated by the California
Transportation Commission (CTC) and/or the STATE.
D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve
supplementary allocations, time extensions, and fund transfers between components. Funds
transferred between allocated project components retain their original timely use of funds
deadlines, but an approved time extension will revise the timely use of funds criteria for the
component(s) and allocation(s) requested. Approved supplementary allocations, time
extensions, and fund transfers between components made after the execution of this
PROGRAM SUPPLEMENT will be documented and considered subject to the terms and
conditions thereof.
Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter
Time Extension Letter, and Finance Letter, as appropriate.
E. This PROJECT is subject to the timely use of funds provisions enacted by the Active
Transportation Program guidelines, as adopted or amended, and by approved CTC and State
procedures as outlined below.
Funds allocated for the environmental & permits (E&P), plan specifications & estimate
(PS&E), and right-of-way components are available for expenditure until the end of the
second fiscal year following the year in which the funds were allocated.
Program Supplement 07--535-A005- SERIAL Page 2 of 4
07-LA-0-RSMD
ATPL-5358(020)
SPECIAL COVENANTS OR REMARKS
Funds allocated for the construction component are subject to an award deadline and contract
completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6
months of the construction fund allocation and to complete and accept the construction within
36 months of award.
F. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer immediately after 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 of invoices for the construction phase.
G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P),
plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after
the end of last eligible fiscal year of expenditure. For construction costs, the
ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to
make the final payment to the contractor prepare the final Report of Expenditures and final
invoice, and submit to STATE for verification and payment.
H. 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 LAPM and the Active
Transportation Program (ATP) Guidelines.
I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to
be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP),
submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations
requirements which may be accessed at: www.dot.ca.gov/hq/audits/.
ADMINISTERING AGENCY agrees to comply with, and require all sub -recipients and project
sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost
Principles and Audit Requirement for Federal Awards, and all applicable Federal and State
laws and regulations.
ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors
will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and
State laws and regulations, shall be used to determine the allowability of individual PROJECT
cost items.
Any Fund expenditures for costs for which ADMINISTERING AGENCY has received
Program Supplement 07--535-A005- SERIAL Page 3 of 4
07-LA-0-RSMD
ATPL-5358(020)
SPECIAL COVENANTS OR REMARKS
payment or credit that are determined by subsequent audit to be unallowable under 2 CFR,
Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING
AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE
within 30 days of demand, or within such other period as may be agreed in writing between
the Parties hereto, STATE is authorized to intercept and withhold future payments due
ADMINISTERING AGENCY from STATE or any third -party source, including, but not limited
to, the State Treasurer, the State Controller, and the California Transportation Commission.
J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to
comply with all reporting requirements in accordance with the Active Transportation Program
guidelines, as adopted or amended.
K. This PROJECT has received funds from Active Transportation Program (ATP). The
ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC
Adopted SB1 Accountability and Transparency Guidelines.
2. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope
of work presented in the application and approved by the California Transportation
Commission. Any changes to the approved PROJECT scope without the prior expressed
approval of the California Transportation Commission are ineligible for reimbursement and
may result in the entire PROJECT becoming ineligible for reimbursement.
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