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CC - Item 3C - Resolution No. 99-49 - Approving Program Supplement No. 9 wiEw stafleport TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: „l<FRANK G. TRIPEPI, CITY MANAGER DATE: ��DECEMBER 7, 1999 RE: RESOLUTION NO. 99-49 —A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING PROGRAM SUPPLEMENT NO. 9 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE ASPHALT CONCRETE OVERLAY OF WALNUT GROVE AVENUE AND VALLEY BOULEVARD The State of California Department of Transportation (Caltrans), has submitted to the City, to be executed along with an authorizing resolution, a Program Supplement to State-Local Entity Master Agreement No. SLTPP-5358 for State Share Funds covering the referenced overlay project. The State-Local Transportation Partnership Program (SLTPP), provides reimbursement to a city up to 50% of the project construction cost. The City of Rosemead has nominated overlay projects each year since the beginning of the program. Actual state participation is based on the number of nominated projects statewide. This program supplement gives assurances to Caltrans that the City understands that the availability of State Share Funds will be determined by the California State Legislature in the future and accepts any increase in local funding. Walnut Grove Avenue (San Gabriel/Rush)was part of the 1997-98 Redevelopment Agency Overlay project awarded to Sully-Miller Contracting Co.; the work was accepted by the Redevelopment Agency on May 25, 1999. The Valley Boulevard project was awarded to Damon Const. Co.; the project will be submitted to City Council for acceptance of work early next year. The State's share is estimated to be 24.54 percent of eligible construction costs. Upon execution of the supplemental agreement, staff will request payment from the State for this project. ' COUNCIL AGENDA DEC 141999 ITEM No. 2 • December 7, 1999 Page 2 RECOMMENDATION It is recommended that the City Council: 1. Approve Resolution No. 99-49 and supplemental agreement. 2. Authorize the Mayor to sign the supplemental agreement. 3. Direct City staff to mail the executed copy of the agreement to the Chief, Local Streets and Roads Branch of the State Department of Transportation. Attachment 1999/rsmdlstaff rpVcity • RESOLUTION NO. 99-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING PROGRAM SUPPLEMENT NO. 009 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE ASPHALT CONCRETE OVERLAY OF WALNUT GROVE AVENUE AND VALLEY BOULEVARD WHEREAS, the City Council of the City of Rosemead has entered into State-Local Entity Master Agreement No. SLTPP-5358 for State Share Funds; and WHEREAS, the State of California, through its Department of Transportation, has presented Program Supplement No. 009 for resurfacing of Walnut Grove Avenue (San Gabriel/Rush) and Valley Boulevard (West City Limit/East City Limit); and WHEREAS, the City of Rosemead understands that the availability of State Share Funds will be determined by the California State Legislature and accepts any increase in local funding. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Rosemead approves Program Supplement No. 009 to the State-Local Entity Master Agreement No. SLTPP-5358. SECTION 2. The Mayor of the City of Rosemead be authorized to sign the agreement on behalf of the City. PASSED, APPROVED and ADOPTED this 14th day of December, 1999. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA.BUSINESS,TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS,Governor DEPARTMENT OF TRANSPORTATION p� 61014 DESIGN AND LOCAL PROGRAMS .. 1120 N STREET 1 P.O BOX 942874, MS X1 Sacramento, CA 94274-0001 TDD(916)654-4014 (916)654-3151 Fax(916)654-2409 October 19, 1999 File: 07-LA-0-RSMD SB98-5358(002) Various City Streets(5) Mr. Donald J. Wagner Director of Public Works City of Rosemead 8838 East Valley Boulevard Rosemead, Ca 91770 Attn: Mr. Ken Rukavina, City Engineer Dear Mr.Wagner: Enclosed are two originals of Program Supplement Agreement No. 009 to State-Local Transportation Partnership Program Agreement No. SLTPP-5358 covering: Construction for the above-referenced project. Please sign both copies of this Agreement and return them to this office, Office of Local Programs - MS1. 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. Your prompt action is requested. No invoices for reimbursement can be processed until the agreement is fully executed. Sincerely, 414 4 • HUGH G. BRADY, Chief Office Of Local Programs Project Implementation Enclosure c: OLP AE Project Files (07) DLAE - Satish Chander "We'll Find a Way" • PROGRAM SUPPLEMENT NO. 009 Date:October 05, 1999 to Location:07-LA-0-RSMD STATE-LOCAL TRANSPORTATION Project Number:5698-5358(002) PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5358 E.A. Number:07-931423 This Program Supplement is hereby incorporated into the State-Local Transportation Partnership Program Agreement for State Share Funds which was entered into between the Local Entity and the State on 12/04/91 and is subject to all the terms and conditions thereof.This Program Supplement is adopted in accordance with Paragraph 3 of Article I of the aforementioned Master Agreement under authority of Resolution No. , approved by the Local Entity on (See copy attached). The Local Entity further stipulates that as a condition to payment of funds obligated to this project,it accepts and will comply with any covenants or remarks set forth on the following pages. PROJECT LOCATION: Various City Streets(5) TYPE OF WORK: Pavement Rehab LENGTH: 0(MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK IX]Construction Estimated Cost State Share Funds Matching Funds FY1998 $196,417.00 LOCAL OTHER 53988,152.00 FY1999 $0.00 $3,791,735.00 $0.00 FY2000 $000 $0.00 CITY OF ROSEMEAD STATE OF CALIFORNIA • Department of Transportation By By Date Chief, Of£ice of Local Programs Project Implementation Attest Date Title x hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer 0Q0c(a � C Date ( 0- F _� $196,417.00 Chapter Statutes It rear Program BC Category Fund Source mammT 282 1997 2660-125-042 97-98 20.25.010.100 C 258010 042-T 196,417,00 Program Supplement SLTPP-5358-009- Page 1 of 3 07-LA-0-RSYtD 10/05/1999 SEM-5358(002) SPECIAL COVENANTS OR REMARKS 1. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. The total amount of State-Local Transportation Partnership funds payable by the State shall not exceed the sum of the "State Share Funds" column on page 1 of this Program Supplement. The funds to be encumbered and reimbursed are according to the schedule shown under the aforementioned column. Any increase in State Partnership funds will require a revised program supplement. Any decrease in State Partnership funds will require a revised finance letter. 2. The State Funds Share is calculated based on the lower of the approved eligible application amount or the eligible award amount. 3. SPECIAL COVENANTS FOR SLTPP PROJECTS UNDER EARLY REIMBURSEMENT PLAN AND UNDER $300, 000 STATE SHARE These Covenants supersede any conflicting provisions of the Master Agreement: A. The LOCAL ENTITY agrees that the payment of "State ShareFunds" will be limited to the lesser of the product of multiplying the calculated pro rata percentage as determined by the STATE by either: (a) The eligible award amount or (b) The total eligible State/Local Partnership Project cost in the approved State/Local Partnership Program Application and accepts any consequent increase in LOCAL ENTITY funding requirements. B. The LOCAL ENTITY will invoice the State for the full "State' s Share" after the contract award or upon the State Budget Act Program SupplementSLTPP-5358-009- Page 2 of 3 07-LA-0-ASND 10/05/1999 SB98-5358(002) SPECIAL COVENANTS OR REMARKS appropriation of funds, whichever occurs later. "State' s Share" is considered a grant and will be reimbursed as a lump sum payment regardless of final project cost. C. Prior to reimbursement under this Program Supplement, a Request For Early Reimbursement form, executed by the LOCAL ENTITY, must be on file with the STATE. D. The financial audit and Final Project Expenditure Report provisions of Sections 9 and 10 of ARTICLE I of the Master Agreement are not applicable to this PROJECT. 4. In accordance with the State-Local Transportation Partnership Program Guidelines dated June 8, 1994, project eligibility is limited to contract items plus locally funded State or Local Entity furnished materials and Supplemental Work. Supplemental Work eligibility is further defined under the Project Eligibility section of the Guidelines as limited to certain maximum costs and to non-early reimbursement projects of $300, 000 or less. 5. The Reimbursement Ratio for this Cycle 8 (97/98) Project is 24.54%. Program Suppr.anaat SUPPP-535e-009- Page 3 of 3