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HomeMy WebLinkAboutAGENDA REPORT 2019 0403 REG CCSA ITEM 10ECITY OF MOORPARK, CALIFORNIA City Council Meeting of April 03, 2019 ACTION Approved Staff Recommendation. BY B.Garza E. Consider Cooperative Agreement with the Ventura County Transportation Commission for Administration of Funds from the Proposition 1B Public Transportation Modernization, Improvement and Service Enhancement Account. Staff Recommendation: Approve Cooperative Agreement with the Ventura County Transportation Commission for administration of funds from the Proposition 1B Public Transportation Modernization, Improvement and Service Enhancement Account and authorize the Mayor to execute the Agreement, subject to final language approval of the City Manager and City Attorney. (Staff: Shaun Kroes) Item: 10.E. Item: 10.E. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Shaun Kroes, Program Manager DATE: 04/03/2019 Regular Meeting SUBJECT: Consider Cooperative Agreement with the Ventura County Transportation Commission for Administration of Funds from the Proposition 1B Public Transportation Modernization, Improvement and Service Enhancement Account BACKGROUND On July 17, 2013, the City approved a Cooperative Agreement with the Ventura County Transportation Commission (VCTC) for Proposition 1B (Prop 1B) Public Modernization, Improvement and Service Enhancement Account (PTMISEA) for two projects: 1. Two replacement compressed natural gas (CNG) buses ($774,000). 2. Expansion of the Metrolink North Parking Lot and slurry seal of the existing Metrolink Parking Lot ($317,000); Capital Improvement Project (CIP) C0032. Procurement of the two City buses concluded in 2015. Design of the Metrolink North Parking Lot expansion began in early 2016. The Metrolink North Parking Lot project design is currently at 100% and bid documents are being drafted. The engineer’s estimate at the time of final design was $1,131,801, or approximately $844,392 over the City’s available construction budget of $287,409. A major reason for the significant price increase is during the original grant submission, the City anticipated being able to slurry seal the existing North Parking Lot, which is owned by VCTC. During design preparation, it became clear that the parking lot was beyond a simply slurry seal and would essentially require being rebuilt, with upgrades for stormwater infiltration and additional spacing for parking stalls to meet the City’s current parking lot standards. DISCUSSION Staff approached VCTC to inquire if there were potential funding opportunities for the project deficit. Staff at VCTC identified an option to provide the City of Simi Valley (Simi Valley) with federal Congestion Mitigation and Air Quality (CMAQ) funding for their CNG fueling upgrade project and transfer Simi Valley’s $801,877 in unspent Prop 1B funding to the City. To finalize the transfer of funds, the City and VCTC must establish a new Cooperative Agreement (attached). The Cooperative Agreement, which was approved by VCTC on 42 Honorable City Council 04/03/2019 Regular Meeting Page 2 March 1, 2019, replaces the prior 2013 Cooperative Agreement, which references both the CNG bus procurement and Metrolink North Parking Lot project. The new Cooperative Agreement covers only the Metrolink North Parking Lot project. FISCAL IMPACT If approved, the City would receive $801,877 in additional Prop 1B funding. Anticipating the approval, the $801,877 in funding is included in the Mid-Year. The Mid-Year also includes $36,628 in accumulated interest from Prop 1B funds. Funding will go to the Prop 1B Local Streets & Roads Fund (2434). Table 1 below provides a breakdown of the overall project’s budget. Table 1: CIP C0032 Budget Fund Expense Line Description Current FY 18/19 Adjustment New FY 18/19 TSM 2001-430-C0032-55300 Design 60,000$ 60,000$ Prop 1B 2434-430-C0032-55300 Design 35,628$ 35,628$ Prop 1B 2434-430-C0032-55200 Construction 291,409$ 838,505$ 1,129,914$ STA 2413-430-C0032-55200 Construction 3,625$ 3,625$ Total 390,662$ 838,505$ 1,229,167$ Table 2 below provides a breakdown of total project expenditures that have occurred to date as well as projected expenditures. Table 2: CIP C0032 Expenditures Expense Line New FY 18/19 Expenses to Date Balance Projected Expenditures Balance 2001-430-C0032-55300 60,000$ (46,444)$ 13,556$ -$ 13,556$ 2434-430-C0032-55300 35,628$ (30,848)$ 4,781$ -$ 4,781$ 2434-430-C0032-55200 1,129,914$ (4,000)$ 1,125,914$ (1,131,801)$ (5,887)$ 2413-430-C0032-55200 3,625$ -$ 3,625$ -$ 3,625$ Projected Balance $16,074 At this time, staff intends to perform budget line adjustments between the project expense lines to provide sufficient funding for expenditures. If bid results indicate additional funding is required, staff will submit a proposed budget amendment at the time of construction award. 43 Honorable City Council 04/03/2019 Regular Meeting Page 3 STAFF RECOMMENDATION Approve Cooperative Agreement with the Ventura County Transportation Commission for administration of funds from the Proposition 1B Public Transportation Modernization, Improvement and Service Enhancement Account and authorize the Mayor to execute the Agreement, subject to final language approval of the City Manager and City Attorney. Attachment: Cooperative Agreement 44 COOPERATIVE AGREEMENT BETWEEN VENTURA COUNTY TRANSPORTATION COMMISSION AND THE CITY OF MOORPARK THIS AGREEMENT is entered into on March 1, 2019 between Ventura County Transportation Commission (VCTC) and the City of Moorpark (City) regarding the administration of funds from the Proposition 1B Public Transportation Modernization, Improvement and Service Enhancement Account (PTMISEA). WHEREAS, California voters in November, 2006, approved the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Proposition 1B), which authorizes state general obligation bonds for transportation infrastructure, including grants for transit system safety, security, and disaster response projects; and WHEREAS, Senate Bill 88 of the 2007 Statutes appropriated funds from Proposition 1B to the PTMISEA program, administered by the Department of Transportation (Caltrans); and WHEREAS, at its October 5, 2012 meeting, the VCTC programmed $317,000 in PTMISEA grant funds for the expansion of the Moorpark Metrolink North Parking Lot (Moorpark Project or Project); and, WHEREAS, at its November 2, 2018 meeting the VCTC approved transferring $801,877 in Proposition 1B Transit Capital funds from the Simi Valley Compressed Natural Gas project to the Moorpark Project, contingent upon approval of the transfer by Caltrans; and, WHEREAS, the Proposition 1B Transit Capital funds are currently in the possession of the City of Simi Valley and must be transferred to the City for use with the Moorpark Project; and, WHEREAS, on December 21, 2018, Caltrans approved a Corrective Action Plan to transfer the $801,877 in Proposition 1B Transit Capital Funds from the Simi Valley CNG project to the Moorpark Project; and, WHEREAS, the $317,000 in PTMISEA grant funds and the transferred $810,877 in PTMISEA funds dedicated for the Moorpark Project are hereinafter collectively referred to as the “Grant Funds”; and, WHEREAS, by this Agreement, City and VCTC desire to set forth the rights and responsibilities of each party with respect to the distribution and use of the Grant Funds. 45 NOW THEREFORE THE PARTIES DO AGREE AS FOLLOWS: I. FUNDING/PROGRAM MANAGEMENT 1. Assignments of Participants: VCTC hereby agrees to engage the City and the City hereby agrees to carry out the work hereinafter described in connection with the administration of the Grant Funds. The City will be responsible for assuring that the City meets all grant requirements placed on PTMISEA recipients as detailed in Section II of this Agreement. 2. Transfer of Funds: The City of Simi Valley is expected to transfer $801,877 in Proposition 1B Transit Capital Funds to the City of Moorpark by March 15, 2019. As soon as practicable after receipt of such funds, the City shall provide notice to VCTC the funds have been received. 3. Scope of Services: a. Project Description: The City shall expand the Metrolink North Parking Lot to add an estimated thirty (30) parking stalls, redesign and rebuild the existing North Parking Lot to improve its appearance and compliance with current parking lot standards, construct new pedestrian walkways for passengers, add lighting, and construct a new driveway connecting the parking lot to High Street. b. Project Timeline: The City agrees to complete project closeout by December 31, 2020. c. Grant Administration: VCTC and the City shall be responsible for assuring that VCTC and the City meet all requirements placed on PTMISEA fund recipients. 4. Duration of Agreement and Authorization to Proceed: The term of this Agreement shall continue until the earlier of the following events: (1) all work on the Project is completed and accepted and all contracts awarded for the construction of the Project are closed or (2) this Agreement is terminated by either the City or VCTC in accordance with Section III.1. below. 5. Entire Agreement and Amendments to the Agreement: This Agreement constitutes the entire agreement between the parties hereto with respect to the administration of funds and obligations described herein for the Moorpark Project, and supersedes as of the date hereof any prior agreement(s) and amendments between the parties, written or oral, concerning the subject matter of this agreement. The provisions of this Agreement may be amended upon written acceptance and ratification of any such amendment by both VCTC and the City. 6. Method of Payment: The City must keep the unexpended Grant Funds in a separate interest-bearing account. Any interest that is accrued must be accounted for and used for the Project. Any Grant Funds received in excess 46 of the final Project cost, or those Grant Funds found to be owed back to VCTC as a result of a final, independent review or audit, must be refunded to VCTC within twenty (20) days of VCTC invoicing the City. 7. Costs: Under no circumstances will VCTC be responsible for funding the Project in excess of the Grant Funds and the interest earned thereon. II. CALTRANS PROPOSITION 1B REQUIREMENTS The City shall note the following provisions apply to PTMISEA grants, and must take all necessary action to ensure its compliance as though it was the grantee directly. 1. Reports: Semi-annual performance reports must be prepared and submitted to VCTC no later than January 31st and July 31st, for the duration of the Project performance period, or until all activities are completed and the Project is formally closed. VCTC will then forward the reports to Caltrans in time for the Caltrans deadline. Failure to submit performance reports could result in the reduction of Grant Funds. Within five (5) months of the Project becoming operable, the City shall provide to VCTC a report on actual project performance to projected project performance. The City must also provide verification of Project completion as described in the most recent edition of Caltrans’ PTMISEA Guidelines available on Caltrans’ website at http://www.dot.ca.gov/hq/MassTrans/Proposition-1B.html. Within eleven (11) months of the Project becoming operable, the City shall provide to VCTC a report regarding the long-term benefits of the project. 2. Department of Industrial Relations (DIR) Monitoring: Per Assembly Bill 436 (Chapter 378, Statutes 2011), public works projects, such as the Moorpark Project, are subject to monitoring and enforcement by the DIR. Monitoring activities are eligible PTMISEA expenses. The City is required to: a. Include language in the bid invitation and public works contract that the Project is subject to monitoring and enforcement by DIR, including the obligation to submit certified payroll records directly to the Compliance Monitoring Unit (CMU) through the CMU’s online eCPR system at least monthly; b. Notify both the Division of Apprenticeship Standards and the Division of Labor Standards Enforcement (DLSE) of the Project award per the online PWC 100 form available on the CMU website; c. Post, or require the prime contractor to post, at each job site, the notice required by 8 Cal. Code Req. section 16451(d); d. Cooperate with the CMU and the DLSE in any investigation of suspected violations, which may include random onsite inspections and contractor and worker interviews; and e. Comply with any notice requiring contract payments to be withheld due to contractor’s failure to submit proper certified payroll reports or in accordance with any lawful order by DLSE. 47 3. Other Provisions: The City is subject to all policies and provisions as set forth by Caltrans with regard to the PTMISEA and all applicable laws regarding public works projects, including but not limited to, contract bid procedures and the payment of prevailing wages. 4. Grant Performance Period: Funds allocated under this Agreement shall be expended by December 31, 2020. Funds remaining unexpended thereafter shall revert to VCTC, unless City and VCTC mutually agree that the Grant Funds should continue to fund construction of the Project. III. OTHER PROVISIONS 1. Termination: Either party may terminate this Agreement pursuant to this Section III.1. The City may terminate this Agreement for cause after giving written notice to VCTC of VCTC’s default under this Agreement at least thirty (30) calendar days before the termination is to be effective. W ithin thirty (30) calendar days after receipt of the City’s written notice of the default, the VCTC may cure the default, or, if the default cannot be reasonably cured within that time period, if VCTC has not commenced the cure within that time period, diligently continued to pursue that cure, and completed it within one hundred eighty (180) calendar days after receipt of the notice. The City may not terminate this Agreement if VCTC cures the default in accordance with this Section III.1. If the VCTC does not cure the default and City terminates this Agreement, City shall return any funds that are unused as of the date of the termination and that are not necessary for payment for services provided prior to the termination date. VCTC may terminate this Agreement for cause after giving written notice to City of City’s default under this Agreement at least thirty (30) calendar days before the termination is to be effective. Within thirty (30) calendar days after receipt of VCTC’s written notice of the default, the City may cure the default, or, if the default cannot be reasonably cured within that time period, if the City has not commenced the cure within that time period, diligently continued to pursue that cure, and completed within one hundred eighty (180) calendar days after receipt of the notice. The VCTC may not terminate this Agreement if City cures the default in accordance with this Section III.1. If the City does not cure the default and VCTC terminates this Agreement, the City may expend PTMISEA funds to pay contractors for Project work completed through the last working day this Agreement is in effect or committed to be spent by that date. Neither party shall have any other claim against the other party by reason of an early termination of this Agreement. 2. Indemnification: The City shall protect, defend, indemnify, and hold harmless VCTC, its officers, agents, servants, and employees, from any and all liability arising out of, or caused by, any act or omission of the City or its officers, agents, or servants as a result of any act or omission by the City in its performance pursuant to this Agreement. 48 VCTC shall protect, defend, indemnify, and hold harmless the City, its officers, agents, servants, and employees, from any and all liability arising out of, or caused by, any act or omission of VCTC or its officers, agents, or servants as a result of any act or omission by VCTC in its performance pursuant to this Agreement. The obligations of the City and VCTC in these indemnity provisions survive the expiration or earlier termination of this agreement. 3. Insurance: With respect to performance of work under the Project Agreement, the City shall ensure that its contractors maintain insurance as described below: Worker’s Compensation Insurance – The City shall require the City’s contractors to maintain, during the life of the Project, Workers’ Compensation Insurance as required by California law for any contractor or subcontractor employees employed at the Project sites. Should the City receive notification of suspension or cancellation of coverage, the City shall issue to the contractor a cease and desist of all work until such time the City is notified, with documentation acceptable to the City, that such coverage is reinstated or reissued. Public Liability and Property Damage Insurance. The City is self-insured and/or has excess insurance as allowed by law at least up to the limits provided herein. The City’s contractors, if any, shall take out and maintain during the life of this Agreement such public liability and property damage insurance as shall insure VCTC, its elective and appointive boards, commissions, officers, agents, and employees, and any VCTC contractor or subcontractor performing work covered by this Agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from the City’s or any contractors or subcontractors operations hereunder, or by anyone directly or indirectly employed by any contractor or subcontractor, and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than $2,000,000 for injuries, including, but not limited to death, to any one person and, subject to the same limit for each person, in an amount not less than $4,000,000 on account of any one occurrence: (2) Property Damage Insurance. In an amount of not less than $1,000,000 for damage to the property of each person on account of any one occurrence. 4. Attorneys’ Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorneys’ fees. 49 CITY OF MOORPARK VENTURA COUNTY TRANSPORTATION COMMISSION ___________________________ __________________________________ Janice Parvin Manuel Minjares Mayor Chairman Approved as to Form Approved as to Form ___________________________ __________________________________ Troy Brown Darren M. Kettle City Manager Executive Director ___________________________ ___________________________ Kevin G. Ennis Steven T. Mattas City Attorney General Counsel 50