TRAN2249.SR.JK
CITY OF SIMI VALLEY
MEMORANDUM
Dec
ember 5, 2022
TO: Cit
y Council
FR
OM: Department of Public Works
SUBJ
ECT: ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE RECIPIENT CERTIFICATIONS AND ASSURANCES
AND RELATED DOCUMENTS FOR SUBMISSION TO THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR THE STATE OF GOOD
REPAIR PROGRAM AND ANNUAL STATE TRANSIT ASSISTANCE
FUNDS, AND APPROVAL OF A SUPPLEMENTAL BUDGET REQUEST
STAFF RECOMMENDATION
St
aff recommends that the City Council adopt attached Resolution No. 2022-64 (page 4) authorizing the City Manager to execut e the Recipient Certifications and Assurances to receive State Transit Assistance (STA) funding from the Assistance State of Good Repair Account (SGR), and approv al of a Supplemental Budget Request in the amount of $94,001.83 in the Transit Fund (Fund 750).
BACKGROUND AND OVERVIEW
Th
e Road Repair and Accountability Act of 2017, Senate Bill (SB) 1, includes a program that will provide additional revenues for transit infrastructure repair and service improvements. This investment in public transit is referred to as the State of Good Repair (SGR) Program. This Program provides funding of approximately $105 million annually to the State Transit Assistance (STA) Account. These funds are made available to recipients for eligible transit maintenance, rehabilitation, and capital projects. The City of Simi Valley is a recipient of STA funds and is eligible to receive SGR funds.
Pur
suant to Public Utilities Code Section 99312.1, prior to receiving an apportionment of the SGR monies, a potential recipient must submit an executed Recipient Certifications and Assurances with an attached authorizing resolution for this funding period.
Th
e City Council is being asked to consider two staff reports this evening related to the State of Good Repair and State Transit Assistance funding. Each staff report requests separate action related to this funding. This staff report provides the City Manager with the authority to receive funding and identifies that the funding will be used for bus stop improvements as indicated in Exhibit A (page 6). The second staff report related to this topic is the claim form to allocate the Transportation Development Act funds, State of Good Repair funds, and State Transportation Act funds with the Ventura County Transportation Commission.
AGENDA I
TEM NO.
Consent (4)
TRAN2249.SR.JK
FINDINGS AND ALTERNATIVES
The City’s estimated FY 2022-23 SGR and STA apportionments, per the California State Controller’s Office, are $12,400.00 and $98,244.00, respectively. Again, the Recipient Certifications and Assurances with an attached authorizing resolution must be completed and submitted for Simi Valley to qualify for these funds. In addition, a recent review and reconciliation have discovered that $10,733.70 of SGR funds and $62,281.59
of STA funds received from FY 2021-22 had not been spent. Also, $4,429.54 of STA for FY 2021-22 has yet to be obtained from the Ventura County Transportation Commission upon submitting the FY 2022 -23 claim.
I
n summary, $23,133.70 (apportionment of $12,400 .00 plus a carryover of $10,733.70) of SGR fund s and $164,955.13 (apportionment of $98,244.00 plus a carryover of $62,281.59 plus a receivable of $4,429.54) of STA funds are available. The total of SGR and STA funds is $188,088.83.
The adopted Transit budget contains a total of $94,087.00 of SGR funds and STA funds.
With the additional funds indicated above, the total net increase is $94,001.83.
Accordingly, a Supplemental Budget request of $9 4,001.83 is needed to expand the projects. In August 2022, staff prepared a preliminary list of projects, including all required details, and submitted it electronically to the California Department of Transportation. A revised condensed list of the proposed projects in priority order is attached to the Resolution as Exhibit A, which includes bus stop modernization at various locations.
The following alternatives are available to the City Council:
1. Adopt attached Resolution No. 2022-6 4 authorizing the City Manager to execute and file the Recipient Certifications and Assurances and related documents to receiv
e State Transit Assistance (STA) funding from the Assistance State of Good Repair
Account (SGR) and approve a Supplemental Budget Request in the amount of $94,001.83 in the Transit Fund (Fund 750).
2. Provide staff with further direction.
St
aff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I mov
e to adopt attached Resolution No. 2022-64 that authorizes the City Manager to execute the Recipient Certifications and Assurances and related documents to submit to the State of Good Repair Program to receive State Transit Assistance funding and approve a Supplemental Budget Request in the amount of $94,001.83. 2 TRAN2249.SR.JK
SUMMARY
Th
e Road Repair and Accountability Act of 2017, Senate Bill (SB) 1, includes a program that will provide additional revenues for transit infrastructure repair and service improvements, SGR and STA funds . The attached resolution must be adopted and submitted with a list of projects and supporting documents for Simi Valley to receive these funds. The adopted Transit budget contains a total of 94,087.00 of SGR funds and STA funds. With the additional funds indicated above, the total net increase is 94,001.83. It is recommended that the City Council adopt attached Resolution No. 2022-64 authorizing the City Manager to execute the Recipient Certifications and Assurances for the State of Good Repair Program and approve a Supplemental Budget Request in the amount of $94,001.83 in the Transit Fund (Fund 750).
______
______________________________
Ronald K. Fuchiwaki
Public Works Director
Pr
epared by: Tan Koehler, Management Analyst
INDEX Page
Res
olution No. 2022-64 .................................................................... 4 Exhibit A – Project List ............................................................... 6 Attachment A – STA/Receipt of Certifications & Assurances ........... 7 3 TRAN2249.RES.JK
RESOLUTION NO. 2022-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY AUTHORIZING THE EXECUTION OF THE
RECIPIENT CERTIFICATIONS AND ASSURANCES FOR THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION STATE
OF GOOD REPAIR PROGRAM FUNDED BY SENATE BILL 1
(SB 1) FOR FY 2022-23
WHEREAS, the City of Simi Valley is an eligible project sponsor and may receive State Transit Assistance funding from the State of Good Repair Account (SGR) now or sometime in the future for transit projects; and
WHEREAS, the statutes related to S tate-funded transit projects require a local or regional implementing agency to abide by various regulations; and
WHEREAS, Senate Bill 1 (2017) named the Department of Transportation (Department) as the administrative agency for the SGR; and
WHEREAS, the Department has developed guidelines for the purpose of administering and distributing SGR funds to eligible project sponsors (local agencies) ; and
WHEREAS, the City has developed SGR project list (Exhibit A) to ensure revenues are being used on the most high priority and cost -effective projects and meet the community priorities for transit investment; and
WHEREAS, the City of Simi Valley wishes to delegate authorization to execute these documents and any amendments thereto to the City Manager.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1
. That the fund recipient agrees to comply with all conditions and requirements set forth in the Recipient Certification and Assurances document and applicable statutes, regulations and guidelines for all SGR-funded transit projects.
SECTION 2. The City Manager shall be authorized to execute all required documents of the SGR P rogram and any Amendments thereto with the California Department of Transportation.
4 RES. NO. 2022-64
SECTION 3
. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED and ADOPTED this 5th day of December, 2022.
Attest:
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
David L. Caceres, City Attorney Brian Paul Gabler, City Manager
Ronald K. Fuchiwaki
Public Works Director
5 1 Bus stop improvements: Replace existing amenities Cochran Street & Sweetwood Street NE corner 15 Years 06/30/2023 2 Bus stop improvements: Replace existing amenities Cochran Street east of Sequoia 15 Years 06/30/2023 3 Bus stop improvements: Replace existing amenities Cochran Street east of Stearns Street 15 Years 06/30/2023 4 Bus stop improvements: Replace existing amenities Cochran Street & Sycamore Drive WB 15 Years 06/30/2023 5 Bus stop improvements: Replace existing amenities Cochran Street & Sycamore Drive EB 15 Years 06/30/2023 6 Bus stop improvements: Replace existing amenities Erringer Road & Heywood Street NE corner 15 Years 06/30/2023 7 Bus stop improvements: Replace existing amenities Erringer Road & Heywood Street SW corner 15 Years 06/30/2023 8 Bus stop improvements: Replace existing amenities Los Angeles Avenue & Blackstock Street 15 Years 06/30/2023 9 Bus stop improvements: Replace existing amenities Los Angeles Avenue & Hubbard Street 15 Years 06/30/2023 10 Bus stop improvements: Replace existing amenities Los Angeles Avenue & Sinaloa Road SE corner 15 Years 06/30/2023 11 Bus stop improvements: Replace existing amenities Los Angeles Avenue & Stow Street NW corner 15 Years 06/30/2023 12 Bus stop improvements: Replace existing amenities Royal Avenue & Brandon Avenue SE corner 15 Years 06/30/2023 13 Bus stop improvements: Replace existing amenities Royal Avenue & Buckskin Drive in front of the church 15 Years 06/30/2023 14 Bus stop improvements: Replace existing amenities Royal Avenue & Buckskin Drive in front of RHS 15 Years 06/30/2023 15 Bus stop improvements: Replace existing amenities Royal Avenue & Crocker Street 15 Years 06/30/2023 16 Bus stop improvements: Replace existing amenities Royal Avenue & Madera Road 15 Years 06/30/2023 17 Bus stop improvements: Replace existing amenities Royal Avenue & Sinaloa Road 15 Years 06/30/2023 18 Bus stop improvements: Replace existing amenities Royal Avenue & Rancho Simi Park North side 15 Years 06/30/2023 19 Bus stop improvements: Replace existing amenities Tapo Canyon Road & Regal Plaza 15 Years 06/30/2023 20 Bus stop improvements: Replace existing amenities Township Avenue & Tapo Street 15 Years 06/30/2023 21 Bus stop improvements: Replace existing amenities Yosemite Avenue & Los Angeles Avenue 15 Years 06/30/2023 22 Bus stop improvements: Replace existing amenities Alamo & Tapo Canyon 15 Years 06/30/2023 23 Bus stop improvements: Replace existing amenities Cochran Street & Walmart 15 Years 06/30/2023 24 Bus stop improvements: Replace existing amenities Los Angeles Avenue & Executive Way 15 Years 06/30/2023 25 Bus stop improvements: Replace existing amenities Los Angeles Avenue & Stearns 15 Years 06/30/2023 26 Bus stop improvements: Replace existing amenities Tapo Canyon Road & 118 Fwy 15 Years 06/30/2023 27 Bus stop improvements: Replace existing amenities Tapo Canyon Road & Alamo Street 15 Years 06/30/2023 28 Bus stop improvements: Replace existing amenities Los Angeles Avenue & Angus 15 Years 06/30/2023 29 Bus stop improvements: Replace existing amenities Los Angeles Avenue & Rory Lane WB 15 Years 06/30/2023 30 Bus stop improvements: Replace existing amenities Los Angeles Avenue & Rory Lane EB 15 Years 06/30/2023 31 Bus stop improvements: Replace existing amenities Cochran Street & Dover 15 Years 06/30/2023 32 Bus stop improvements: Replace existing amenities Cochran Street & Kadota 15 Years 06/30/2023 33 Bus stop improvements: Replace existing amenities Alamo Street & Santa Lucia 15 Years 06/30/2023 34 Bus stop improvements: Replace existing amenities Sycamore Drive & Jones Way 15 Years 06/30/2023 35 Bus stop improvements: Replace existing amenities 2900 Madera Road 15 Years 06/30/2023 EXHIBIT A - PROJECT LIST FOR FY 2022-23
STATE OF GOOD REPAIR (SGR) PROGRAM
Project Description Project Location Estimated
Useful Life
Anticipated
Const. Date
EXHIBIT A
6 City of Simi Valley
State Transit Assistance State of Good Repair Program
Re
cipient Certifications and Assurances
Recipient: City of Simi Valley .
Effective Date: January 14, 2021 .
In order to receive State of Good Repair Program (SGR) funds from the California Department of Transportation (Department), recipients must agree to following terms and conditions:
A. Gen
eral
(1) T
he recipient agrees to abide by the State of Good Repair Guidelines as may be updated from time to time.
(2) T
he potential recipient must submit to the Department a State of Good Repair Program Project List annually, listing all projects proposed to be funded by the SGR program. The project list should include the estimated SGR share assigned to each project along with the total estimated cost of each project.. (3) T
he recipient must submit a signed Authorized Agent form designating the representative who can submit documents on behalf of the recipient and a copy of the board resolution authorizing the agent.
B. Pr
oject Administration
(1) T
he recipient certifies that required environmental documentation will be completed prior to expending SGR funds. The recipient assures that each project approved for SGR funding comply with Public Resources Code § 21100 and § 21150. (2) T
he recipient certifies that SGR funds will be used for transit purposes and SGR funded projects will be completed and remain in operation for the estimated useful lives of the assets or improvements.
(3) T
he recipient certifies that it has the legal, financial, and technical capacity to deliver the projects, including the safety and security aspects of each project.
ATTACHMENT A
7 City of Simi Valley
(4) The recipient certifies that there is no pending litigation, dispute, or negative audit findings related to any SGR project at the time an SGR project is submitted in the annual list.
(5) Recipient agrees to notify the Department immediately if litigation is filed or disputes arise after submission of the annual project list and to notify the Department of any negative audit findings related to any project using SGR funds.
(6) The recipient must maintain satisfactory continuing control over the use of project equipment and/or facilities and will adequately maintain project equipment and/or facilities for the estimated useful life of each project.
(7) Any and all interest the recipient earns on SGR funds must be reported to the Department and may only be used on approved SGR projects or returned to the Department.
(8) The recipient must notify the Department of any proposed changes to an approved project list by submitting an amended project list.
(9) Funds will be expended in a timely manner.
C. Reporting
(1) Per Public Utilities Code § 99312.1 (e) and (f), the recipient must submit the following SGR reports:
a. Annual Expenditure Reports within six months of the close of the fiscal year (by December 31
st) of each year.
b. The annual audit required under the Transportation Development Act (TDA), to verify receipt and appropriate expenditure of SGR funds. A copy of the audit report must be submitted to the Department within six months of the close of each fiscal year in which SGR funds have been received or expended.
D. Cost Principles
(1) The recipient agrees to comply with Title 2 of the Code of Federal Regulations Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
(2) The recipient agrees, and will assure that its contractors and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual project cost items and (b) those parties shall 8 City of Simi Valley
comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
(3) Any project cost for which the recipient has received payment that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, are subject to repayment by the recipient to the State of California (State). Should the recipient fail to reimburse moneys due to the State within thirty (30) days of demand, or within such other period as may be agreed in writing between the Parties hereto, the State is authorized to intercept and withhold future payments due the recipient from the State or any third-party source, including but not limited to, the State Treasurer and the State Controller.
E. Record Retention
(1) The recipient agrees, and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred project costs and matching funds by line item for the project.
The accounting system of the recipient, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of the recipient, its contractors and subcontractors connected with SGR funding shall be maintained for a minimum of three (3) years from the date of final payment and shall be held open to inspection, copying, and audit by representatives of the State and the California State Auditor. Copies thereof will be furnished by the recipient, its contractors, and subcontractors upon receipt of any request made by the State or its agents. In conducting an audit of the costs claimed, the State will rely to the maximum extent possible on any prior audit of the recipient pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by the recipient’s external and internal auditors may be relied upon and used by the State when planning and conducting additional audits.
(2) For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of the recipient’s contracts with third parties pursuant to Government Code § 8546.7, the recipient, its contractors and subcontractors and the Department shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire project period and for three (3) years from the date of final payment. The State, the California State Auditor, or any duly authorized representative of the State, shall each have access to any books, records, and documents that are pertinent to a 9 City of Simi Valley
project for audits, examinations, excerpts, and transactions, and the recipient shall furnish copies thereof if requested.
(3) The recipient, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by the State, for the purpose of any investigation to ascertain compliance with this document.
F. Special Situations
(1) Recipient acknowledges that if a project list is not submitted timely, the recipient forfeits its apportionment for that fiscal year.
(2) Recipients with delinquent expenditure reports may risk future eligibility for future SGR funding.
(3) Recipient acknowledges that the Department shall have the right to perform an audit and/or request detailed project information of the recipient’s SGR funded projects at the Department’s discretion from SGR award through 3 years after the completion and final billing of any SGR funded project.. Recipient agrees to provide any requested project information.
I certify all of these conditions will be met.
BY:
Brian Paul Gabler, City Manager
City of Simi Valley
10 City of Simi Valley
ATTACHMENT I
(INSERT Agency Board Resolution approving this document)
11