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HomeMy WebLinkAbout06/21/2011, C6 - SLO TRANSIT CAPITAL PROJECTS 1 council June 21, 201 aC4Enda 12Epont CITY OF SAN LUIS OBISPO FROM: Jay D. Walter, Director of Public Works Prepared By: John Webster, Transit Manager SUBJECT: SLO TRANSIT CAPITAL PROJECTS RECOMMENDATIONS 1. Approve a resolution authorizing the Public Works Director to execute all required documents and any Amendments thereto with the California Department of Transportation and complete the Certifications and Assurances for the Public Transportation Modernization, Improvement, and Service Enhancement Account Bond Program and allowing expenditures, Proposition 1B and California Emergency Management Agency Safety and Security funding. 2. Approve a resolution authorizing the procurement of Transit vehicle replacements through the use of a Cooperative Procurement Pilot Program and Request for Bid process. 3. Authorize the Finance Director to award contracts and execute Purchase Orders for vehicle acquisition and facility security equipment if costs are within the budgeted amount. DISCUSSION Background On January 18, 2011 the Council approved the 2010-11 Program of Projects (POP) for SLO Transit. The funding allocation included various bus and vehicle replacements, transit facility improvements and operating assistance.. In addition, at its April 6`h meeting, the SLOCOG Board programmed final FY 2011 and 2012 Proposition 1B projects that now need amendment into the City's budget. These Capital projects are now fully funded and ready to move forward and will need a resolution authorizing procurement. As part of the June 14, 2011 Transit Enterprise Fund Analysis, several capital projects were reduced slightly due to funding revisions in the final Federal Transportation Assistance (FTA) apportionment received on May 21, 2011. A summary table of the current Transit capital projects and revisions is provided below. C6-1 r SLO Transit Capital Projects Page 2 TABLE 1 -TRANSIT CAPITAL PROJECTS Bus Re lacement(Asset#9823) 91087 $ 415,000 $ $ 415,000 Bus Re lacement(Asset#9824) 91088 $ 419,500 $ - $ 419,500 Staff Vehicle Replacement(Asset#0020) 90997 $ 50.,000 $ - $ 50,000 Bus Replacement(Asset#9710)* 91086 $ - $ 420,600 $ 386,000 Facility Security Improvements * 91090 $ $ 56,000 $ 48,100 Bus Capital Engine Rehab 91089 $ $ 56,000 1 $ 56,000 *May 2011 Revised Funding 1 $ 1,417,100 1 $ 1,374,600 The new grant funding allocation, following the May 21, 2011 revisions, is $42,500 less than anticipated and previously approved by Council. As such, the Transit Enterprise Fund Analysis, presented to Council in June, included these funding revisions to reflect current grant appropriations. A summary of funding allocations is provided below in Table 2. TABLE 2—TRANSIT CAPITAL PROJECTS FUNDING SUMMARY r, Bus Replacement(Asset#9823) $ 415,000 $ S $ S 415,000 $ $ s Bus Replacement(Asset#9824) $ 419,500 S $ S 114,100 $ 305,400 $ s $ Staff Vehicle Repl(Asset#0020) $ 50,000 $ 40,000 $ 10,000 $ . $ - S $ $ Bus Replacement(Asset#9710) $ 386,000 s 342,971 $ - $ $ 43,000 $ $ $ Facility Security lmpr $ 48,100 s $ $ $ S 4,600 $ 43,500 $ Bus Capital Engine Rehab $ 56,000 s 45:000 s s $ 1$ 1$ - Is 11,000 TOTAL $ 1,374,600 Procurement The program requires adoption of a resolution authorizing the expenditure of Proposition 1B funds, Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) Bond Program and the California Emergency Management Agency (Cal-EMA) Transit System Safety and Security grant funds. As such, staff recommends the approval of the attached resolution (Attachment-1) authorizing the Public Works Director to execute all required documents and any amendments thereto with the California Department of Transportation and complete the Certifications and Assurances for the PTMISEA Bond Program and allowing expenditures PTMISEA, Proposition 1B and Cal-EMA Safety and Security funding. In addition, the program requires adoption of a resolution approving the procurement process for SLO Transit vehicle replacements. Staff recommends approval of the attached resolution (Attachment-2) authorizing the procurement of Transit vehicle replacements through the use of a Cooperative Procurement Pilot Program and Request for Bid (RFB) process and to authorize the Finance Director to award contracts and execute Purchase Orders for vehicle acquisition and facility security equipment, if costs are within the budgeted amounts. C6-2 SLO Transit Capital Projects Page 3 FISCAL IMPACT Following the May 21, 2011 funding revisions, the Transit Fund will be receiving $42,500 less than previously anticipated for 2010-11 capital projects. The Federal grant apportionment for bus replacement (Asset # 9710), reduced in May by $34,600 and is now insufficient for the purchase of a standard-size bus. This capital project will be deferred to accommodate the lower Federal apportion amount. Staff will continue to seek additional grant funds to augment the apportionment and fully support a bus replacement. In addition, staff is researching the possibility of purchasing a smaller, lower-capacity bus, should it meet the needs of the transit system. The Facility Security Improvements project was reduced by $7,900 due to the May 2011 augmentation in grant funding. This project consists of several smaller security improvement projects such as modernization of vehicle cameras, software and radios. The reduction of grant funding will have minimal impact on this capital project. Staff will continue to pursue smaller modernization improvement projects within the available grant funding. Staff has already secured funding from both Federal and State transit sources to purchase the vehicle replacements and provide for transit improvement projects. Due to the volatility of State and Federal funding, and to minimize negative impacts to the Transit Fund, the procurement process for these capital projects will be deferred until the grant funding has either been fully received or made available for immediate reimbursement. ALTERNATIVES 1. Deny the vehicle replacement purchases. Council could deny the bus replacements at this time. Staff does not recommend this option as grant funding has already been secured and approved for these purposes. Additional deferment of purchases could jeopardize the available grant funding as it may be reallocated to other transit agencies. 2. Modify Funding. Council could direct staff to consider other projects for use of Proposition 1B and Security grant funds. Staff is not recommending this alternative since each of these projects is included in the Short Range Transit Plan and the likelihood of alternative funding for construction is low. ATTACHMENTS 1. Resolution authorizing expenditure of grant funds 2. Resolution authorizing procurement of Transit vehicle replacement 3. SLOCOG Resolution 11-08 4. Resolution for PTMISEA authorizing regulation adherence and document execution T:\Council Agenda Reports\Public Works CAR\2011\TRANSMCAR-SLO TRANSIT CAPITAL PROJECTS June 21-201 RCAR SLOTRANSIT CAPITAL PROJECTS final.doc C6-3 ATTACHMENT#1 RESOLUTION NO. (2011 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE EXPENDITURE OF PROP 1B, PUBLIC TRANSPORTATION MODERNIZATION, IMPROVEMENT, AND SERVICE ENHANCEMENT ACCOUNT (PTMISEA) FUNDING AND TRANSIT SYSTEM SAFETY, SECURITY AND DISASTER RESPONSE ACCOUNT PROGRAM APPLICATION WITH THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY WHEREAS, the City of San Luis Obispo (referred hereinafter as the City) operates San Luis Obispo (SLO) Transit; and WHEREAS, The City of San Luis Obispo and SLO Transit are eligible applicants for California Proposition 1B Program funds; and WHEREAS, the City has determined that the City apportionment of Proposition 1 B, Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) funding be used for SLO Transit capital projects; and WHEREAS, the City of San Luis Obispo has been allocated $419,539 in the 2010-11 through 2012-13 funding year cycles from the PTMISEA program; and WHEREAS, the California Transit Security Grant Program (referred hereinafter as CTSGP) has allocated $4,561 of Proposition 1B (Prop 1B) Safety and Security Grant funding to be used by the City for capital projects; and WHEREAS, the California Emergency Management Agency (Cal EMA) has been delegated the authority to award financial assistance for CTSGP projects and the San Luis Obispo Council of Governments (SLOCOG) is responsible for making programming recommendations to Cal EMA; and WHEREAS, the City of San Luis Obispo is requesting up to $48,076 in the 2010-11 funding cycle from the CTSGP program for SLO Transit Security Enhancements Facility capital projects; and WHEREAS, a State assistance grant will impose certain obligations upon the City and will require the City provide the local share of project costs; and WHEREAS, the City will provide all annual Certifications and Assurances to the Proposition 1 B, PTMISEA and CTSGP oversight agencies as required for grant programs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. the Council authorizes the City Public Works Director or his designee to submit necessary grant paperwork and other required information for programming of$419,539 in 2010-11-2012-13 PTMISEA funding for the SLO Transit Vehicle replacements; and C6-4 Attachment 1 SECTION 2. the Council authorizes the City Public Works Director or his designee to submit necessary grant paperwork and other required information for programming of $48,076,000 in 2010-11 CTSGP funding for the Transit Facility Security Enhancement project which includes $4,561 in FY 2010/11 local CTSGP funding to be used as local match for grant purposes; and SECTION 3. The City Public Works Director or his designee is authorized to execute for and on behalf of the City, a public entity established under the laws of the State of California, any actions necessary in the submittal of this or future applications for the purpose of obtaining financial assistance provided by the Proposition IB, PTMISEA or CTSGP programs administered by the California Emergency Management Agency. Upon motion of , seconded by , and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 2011 Mayor Jan Howell-Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney C6-5 ATTACHMENT#2 RESOLUTION NO. (2011 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE PROCUREMENT OF TRANSIT VEHICLE REPLACEMENTS WHEREAS,the City of San Luis Obispo (referred hereinafter as the City) operates San Luis Obispo Transit (SLO Transit); and WHEREAS,The City Council chose the clean diesel path on October 15, 2002; and WHEREAS, California Air Resources Board required transit operators to choose either the clean diesel or alternative fuel path by January 1, 2003; and WHEREAS,the City has identified three buses that need to be replaced to comply with the current emission requirements of the California Air Resources Board; and WHEREAS,the City has identified one staff vehicle that needs to be replaced; and WHEREAS, The City of San Luis Obispo and SLO Transit are eligible applicants for California Proposition Fund Program Policies and Procedures and FTA 5307 funding; and WHEREAS, the City has allocated a portion of Proposition 1 B, Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) and FTA 5307 funding to be used for SLO Transit capital projects; and WHEREAS, the City has secured funding from the Federal Transit Administration. (FTA), Public Transportation, Modernization, Improvement, and Service Enhancement Account (PTMISEA) which is one of the programs included in Proposition 1 B, the Transportation Highway Safety, Traffic Reduction, Air Quality and Port Security Bond Act and Transportation Development Act (TDA) to assist in the City's compliance of the emission requirements and staff vehicle replacement NOW THEREFORE,BE IT RESOLVED that the City Council of San Luis Obispo: SECTION 1. Approves using transit purchasing agreements with Implicit Purchase Pooling Solutions and the National Joint Powers Alliance to procure transit bus and staff replacement vehicles that comply with the California Air Resources Board (CARB) emission standards. SECTION 2. Authorize the Finance Director to execute Purchase Orders for vehicle acquisition if costs are within the budgeted amount. C6-6 Resolution No. (2011 Series) ATTACHMENT 2 Page 2 Upon motion of seconded by and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 2011. Mayor Jan Howell-Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO FO . C 'stine Dietrick City Attorney C6-7 ATTACHMENT#3 ATTACHMENT A SAN LUIS OBISPO COUNCIL OF GOVERNMENTS RESOLUTION NO. 11-08 RESOLUTION ADOPTING PUBLIC TRANSPORTATION MODERNIZATION, IMPROVEMENT,AND SERVICE ENHANCEMENT ACCOUNT(PTMISEA)AND TRANSIT SYSTEM SAFETY,SECURITY, AND DISASTER RESPONSE ACCOUNT PROJECTS FOR FISCAL YEAR 2010/11 The following Resolution is now offered and read: WHEREAS, the San Luis Obispo Council of Governments, hereinafter referred to as the Agency has been designated as the Regional Transportation Planning Agency-,and WHEREAS,Agency has adopted a Regional Transportation Plan directed at the achievement of a balanced coordinated transportation system;and WHEREAS, Agency is an eligible project sponsor and may receive state funding from the Public Transportation Modernization, Improvement, and Service Enhancement Account(PTMISEA)now or sometime in the future for transit projects;and WHEREAS, Agency has the legal authority to apply for Transit System Safety, Security, and Disaster Response Account funds,and has the institutional,managerial and financial capability to ensure proper planning, management and completion of the grant provided by the State of California and administered by the California Emergency Management Agency(Cal EMA). WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations;and WHEREAS, Agency has the legal authority to apply for and approve local projects for the Public Transportation Modernization, Improvement, and Service Enhancement Account(PTMISEA)and Transit System Safety, Security, and Disaster Response Account bond programs administered by the State of California and the California Emergency Management Agency(Cal EMA);and WHEREAS, Agency held a Public Hearing on April 6, 2011 prior to approving Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) and Transit System Safety, Security,and Disaster Response Account funds for FY 2010/11;and WHEREAS, said Public Hearing was duly noticed by means of publication of public hearing notices in the major newspapers in the region. NOW, THEREFORE, BE IT RESOLVED that Agency, acting as the Regional Transportation Planning Agency, approves the following Public Transportation Modernization, Improvement, and Service Enhancement Account(PTMISEA)and Transit System Safety, Security, and Disaster Response Account projects as presented in Tables A and B: Approve Resolution 11- 08 approving projects listed in Tables A and B in agenda item A-2 r On motion by Delegate MEOM seconded by Delegate SHOALS and on the following roll call vote,to wit t AYES: Ferrara, Gibson, Higginbotham, Hill, Marx, Mecham, O'Malley, Patterson, Shoals, Strong, Teixeira, Yates t NOES: None A-2-7 C6-8 1 ATTACHMENT#3 ABSENT: None ABSTAINING: None - The foregoi �u�tio�n' heyy adopted this 6'"day of April 2011. i Brice C-Abson, President San Luis Obispo Council of Governments ATTEST: c i Ronald L. De Cali,Executive Director San Luis Obispo Council of Governments APPROVED AS TO FORM AND LEGAL EFFECT: Rita L. Weall Legal Counsel Date: $1 11 ZO I 1 4 i i A-2-8 C6-9 ATTACHMENT#3 SAN LUIS OBISPO COUNCIL OF GOVERNMENTS STAFF REPORT MEETING DATE: April 6,2011 SUBJECT: FY 2010111 Proposition 1B "Transit" and"Safety K Security"Programming SUMMARY This staff report recommends awarding 10 projects a total of$6,455,910 in Proposition 113 funding, subject to certain conditions. In all, 10 transit vehicles,4 transit centers and communications equipment are recommended for funding(See Tables A and B below). A total of 20 project applications and requests were submitted for both the "Transit" and "Safety & Security' Proposition 1B programs totaling $13,367,321. The total amount eligible for programming for the SLO County region is$6.4M, with approximately$2 million to be programmed at a future date. Funding availability is subject to State bond sales. Staff believes that getting projects in the State queue now is the highest priority so when funding is made available, projects for the region will be in a better position to receive funds. Those projects not recommended for funding in FY 10/11 and 11/12 are provided in Tables E and F (Page A-2-5). A summary of all projects is included in Tables G and H (Page A-2-6). Table A-Recommended for Funding Prop 1B'Transit Project Title FY 10/11 811112 Combined Regional Operator Total 1 Paso Robles Transit Vehicles (3) $538,055 $31,945 $570,000 2 Gro%er Beach Train Station Expansion $1,000,000 $0 $1,000,000 3 RTA Coaches 2) $651,702 $298,298 $950,000 4 SCAT Coaches(3) $1,168,068 $106,932 $1,275,000 5 County Transit Vehicles (1) $75,285 $19,715 $95,000 6 AtascaderoTransit Center $882,823 $17,177 $900,000 7 RTA Property Procurement $700,000 . $298,295 $998,295 8 SLO Transit Coach(1) $305,422 $114,117 $419,539 $5,321;355 $886,479 $6,207,834 Table B -Recommended for Funding_ Prop 1B "Safety&Security"Project Title Regional Operator Total 9 RTA/SCATRadids, AVL, GPS, APC, Cameras $169,176 $30,824 $200,000 10 SLO Transit Facility Safety& Security Project $43,515 $4,561 1 $48,076 $212,691 $35,385 $248,076 Note:Automatic Vehicle Locator(AVL),Global Positioning System(GPS),Automatic Passenger Counter(APC). RECOMMENDATIONS Staff: Adopt resolution(Attachment A)approving Proposition 1 B projects in Tables A and B. SSTAC: Support staff recommendation TTAC: Support staff recommendation CTAC: Support staff recommendation f BACKGROUND The Public Transportation Modernization, Improvement; and Service Enhancement Account Program(PTMISEA) was created by Proposition 1 B. the.Highway Safety, Traffic Reduction,Air Quality, and Port Security Bond Act of 2006. Of the $19.925 billion available to Transportation statewide, $3.6 billion dollars was allocated to PTMISEA to be available to transit operators over a ten-year period. Funds may be used for transit rehabilitation, safety or modernization improvements,capital service enhancements or expansions, new capital projects, bus rapid transit A-2-1 C6-10 ATTACHMENT 4 City of San Luis Obispo Page 1 Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) Bond Program Certifications and Assurances Project Sponsor: San Luis Obispo Council of Governments; City of San Luis Obispo-SLO Transit/Lead aeencv Effective Date of this Document: June 7. 2011 The California Department of Transportation(Department) has adopted the following certifications and assurances for the Public Transportation Modernization, Improvement, and Service Enhancement Account(PTMISEA)bond program. As a condition of the receipt of PTMISEA bond funds, project sponsors must comply with these terms and conditions. A. General (1) The project sponsor agrees to abide by the current PTMISEA Guidelines (2) The project sponsor must submit to the Department a PTMISEA Program Expenditure Plan, listing all projects to be funded for the life of the bond, including the amount for each project and the year in which the funds will be requested. (3) The project sponsor must submit to the Department a signed Authorized Agent form designating the representative who can submit documents on behalf of the project sponsor and a copy of the board resolution appointing the Authorized Agent. B. Project Administration (1) The project sponsor certifies that required environmental documentation is complete before requesting an allocation of PTMISEA funds. The project sponsor assures that projects approved for PTMISEA funding comply with Public Resources Code § 21100 and § 21150. (2) The project sponsor certifies that PTMISEA funds will be used only for the transit capital project and that the project will be completed and remains in operation for its useful life. (3) The project sponsor certifies that it has the legal, financial, and technical capacity to carry out the project, including the safety and security aspects of that project. C6-11 ATTACHMENT 4 City of San Luis Obispo Page 2 (4) The project sponsor certifies that they will notify the Department of pending litigation, dispute, or negative audit findings related to the project,before receiving an allocation of funds. (5) The project sponsor must maintain satisfactory continuing control over the use of project equipment and facilities and will adequately maintain project equipment and facilities for the useful life of the project. (6) Any interest the project sponsor earns on PTMISEA funds must be used only on approved PTMISEA projects. (7) The project sponsor must notify the Department of any changes to the approved project with a Corrective Action Plan (CAP). (8) Under extraordinary circumstances, a project sponsor may terminate a project prior to completion. In the event the Project Sponsor terminates a project prior to completion, the Project Sponsor must(1) contact the Department in writing and follow-up with a phone call verifying receipt of such notice; (2) pursuant to verification, submit a final report indicating the reason for the termination and demonstrating the expended funds were used on the intended purpose; (3) submit a request to reassign the funds to a new project within 180 days of termination. (9) Funds must be encumbered and liquidated within the time allowed in the applicable budget act. C. Reporting (1) Per Government Code § 8879.55, the project sponsor must submit the following PTMISEA reports: a. Semi-Annual Progress Reports by February 15`h and August 15`h each year. b. A Final Report within six months of project completion. c. The annual audit required under the Transportation Development Act(TDA), to verify receipt and appropriate expenditure of PTMISEA bond funds. A copy of the audit report must be submitted to the Department within six months of the close of the year(December 31) each year in which PTMISEA funds have been received or expended. D. Cost Principles (1) The project sponsor agrees to comply with Title 2 of the Code of Federal Regulations 225 (2 CFR 225), Cost Principles for State and Local Government, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C6-12 ATTACHMENT 4 City of San Luis Obispo Page 3 (2) The project sponsor 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 comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub-recipient receiving PTMISEA funds as a contractor or sub-contractor shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. (3) Any project cost for which the project sponsor has received payment that are determined by subsequent audit to be unallowable under 2 CFR 225, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by the project sponsor to the State of California(State). Should the project sponsor 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 project sponsor 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 project sponsor 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 project sponsor, 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 project sponsor, its contractors and subcontractors connected with PTMISEA 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 project sponsor, 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 Project Sponsor pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by the project sponsor'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 C6-13 ATTACHMENT 4 City of San Luis Obispo Page 4 the performance of the project sponsor's contracts with third parties pursuant to Gove=ent Code § 8546.7, the project sponsor, its contractors and subcontractors and the State 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 project for audits, examinations, excerpts, and transactions, and the project sponsor shall furnish copies thereof if requested. (3) The project sponsor, 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) A project sponsor may lend its unused funds from one year to another project sponsor for an eligible project, for maximum fund use each fiscal year(Julyl —June 30). The project sponsor shall collect no interest on this loan. (2) Once funds have been appropriated in the budget act, a project sponsor may begin a project with its own funds before receiving an allocation of bond funds,but does so at its own risk. (3) The Department may perform an audit and/or request detailed project information of the project sponsor's PTMISEA funded projects at the Department's discretion at any time prior to the completion of the PTMISEA program. I certify all of these conditions will be met. AGENCY NAME: City of San Luis Obispo/SLO Transit BY: Jay D. Walter, PE, Director, San Luis Obispo Public Works C6-14 ATTACHMENT 4 City of San Luis Obispo Page 5 EXHIBIT A RESOLUTION NO. (2011 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE CERTIFICATIONS AND ASSURANCES FOR THE PUBLIC TRANSPORTATION MODERNIZATION, IMPROVEMENT,AND SERVICE ENHANCEMENT ACCOUNT BOND PROGRAM WHEREAS, the City of San Luis Obispo is an eligible project sponsor and may receive state funding from the Public Transportation Modernization, Improvement, and Service Enhancement Account(PTMISEA) now or sometime in the future for transit projects; and WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS, Senate Bill 88 (2007) named the Department of Transportation (Department) as the administrative agency for the PTMISEA; and WHEREAS, the Department has developed guidelines for the purpose of administering and distributing PTMISEA funds to eligible project sponsors (local agencies); and WHEREAS, the City of San Luis Obispo wishes to delegate authorization to execute these documents and any amendments thereto to the Public Works Director or his designee, NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of San Luis Obispo that the fund recipient agrees to comply with all conditions and requirements set forth in the Certification and Assurances document and applicable statutes, regulations and guidelines for all PTMISEA funded transit projects. NOW THEREFORE,BE IT FURTHER RESOLVED that the Public Works Director or his designee be authorized to execute all required documents of the PTMISEA program and any Amendments thereto with the California Department of Transportation. C6-15 ATTACHMENT 4 City of San Luis Obispo Page 6 On motion of seconded by , and on the following vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 72011. Mayor Jan Howell-Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney C6-16