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Home My WebLink AboutAGENDA REPORT 2021 0602 CCSA REG ITEM 10NCITY OF MOORPARK,  CALIFORNIA City Council Meeting of June 2, 2021 ACTION APPROVED STAFF RECOMMENDATION, INCLUDING ADOPTION OF RESOLUTION NO. 2021- 4010. (ROLL CALL VOTE: UNANIMOUS) N. Consider the Notice of Completion for the 2020 Slurry Seal and Pavement Rehabilitation Project (Project No. M0047) Specification No. MPK 20-01; Consider Authorization for Release of Project Bonds in Accordance with the Contract Provisions; and Consider Resolution Authorizing a Budget Amendment to Fiscal Year 2020-21 Budget. Staff Recommendation: 1) Authorize the City Clerk to file the Notice of Completion for the 2020 Slurry Seal and Pavement Rehabilitation Project, Project Specification No. MPK 20-01; and 2) Authorize the City Clerk to release the Faithful Performance and Material Suppliers and Laborers Bond, Bond No. 107296589, one year after the date of recordation of the Notice of Completion; and 3) Adopt Resolution No. 2021-4010 amending the Fiscal Year 2020/21 budget as noted in Exhibit “A” to the attached resolution. (ROLL CALL VOTE REQUIRED) (Staff: Daniel Kim) Item: 10.N. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Daniel Kim, City Engineer/Public Works Director DATE: 06/02/2021 Regular Meeting SUBJECT: Consider the Notice of Completion for the 2020 Slurry Seal and Pavement Rehabilitation Project (Project No. M0047) Specification No. MPK 20-01; Consider Authorization for Release of Project Bonds in Accordance with the Contract Provisions; and Consider Resolution Authorizing a Budget Amendment to Fiscal Year 2020/21 Budget SUMMARY On September 2, 2020, the City Council awarded a construction contract to Toro Enterprises, Inc. for the 2020 Slurry Seal and Pavement Rehabilitation Project in the amount of $1,274,094.10. The completed project scope of work consists of crack-filling, placement of approximately 661,000 square feet of Type 2 slurry seal, and removal and replacement of approximately 144,000 square feet of asphaltic concrete pavement on local residential streets in the Walnut Acres and Moorpark Estates neighborhoods. The following is a list of residential streets that was approved for pavement repairs and slurry seal: Walnut Acres Neighborhood • Dorothy Avenue • Ruth Avenue • Second Street • Sarah Avenue • Susan Avenue • Roberts Avenue • Esther Avenue • Sherman Avenue • Millard Street • Harry Street Moorpark Estates • Sierra Avenue • Shasta Avenue • Diablo Avenue • Palomar Avenue • Whitney Avenue • Lassen Avenue • Lassen Court • Everest Avenue Item: 10.N. 549 Honorable City Council 06/02/2021 Regular Meeting Page 2 After several weather and health and safety related delays, the project was successfully completed on May 7, 2021. At this time, it is appropriate for the City Council to direct the City Clerk to file a Notice of Completion with the County Recorder’s Office and to direct staff to close out the contract documents. BACKGROUND The scope of work for the 2020 Slurry Seal and Pavement Rehabilitation Project consisted of crack-filling, placement of Type 2 slurry seal, and removal and replacement of asphaltic concrete pavement on local residential streets in the Walnut Acres and Moorpark Estates neighborhoods. On September 2, 2020, the City Council awarded a construction contract to Toro Enterprises, Inc. for the project in the amount of $1,274,094.10, plus a 10% project contingency amount of $127,409.41, for a total contract amount of $1,401,503.51. Staff issued a Notice to Proceed with an effective start date of November 16, 2020. The project was originally scheduled to be completed on February 1, 2021. However, the project encountered several weather and health and safety related delays, and the completion date was pushed back to May 7, 2021. DISCUSSION Final inspection for the project is complete and the work performed by Toro Enterprises, Inc. is satisfactory. It is staff’s determination that Toro Enterprises, Inc. has executed 100% of the construction contract and that it is now appropriate for the City Council to accept the 2020 Slurry Seal and Pavement Rehabilitation Project as complete. In summary, the project performed the following: • Approximately 661,000 square feet of Type 2 slurry seal on local, residential streets; • Approximately 144,000 square feet of asphaltic concrete pavement; • 54 curb ramps; and • Pavement striping and marking improvements. As part of this project completion and acceptance, the City Clerk will file a Notice of Completion with the County Recorder’s Office. If no Stop Work Notices are received from the sub-contractor(s) and/or materials supplier(s), the retainage will be released thirty-five (35) days after the date of recordation of the Notice of Completion. Additionally, in accordance with the contract documents, the Faithful Performance and Material Suppliers and Laborers Bond, Bond No. 107296589 in the amount of $1,401,503.51, will be released by the City Clerk’s Office one year after the date of recordation of the Notice of Completion. 550 Honorable City Council 06/02/2021 Regular Meeting Page 3 FISCAL IMPACT The project was funded from two separate sources: Contract Amount – PO 2000060 Description Amount Schedule A – Walnut Acres Account No. 2416-311-M0047-55200 $842,885.60 Schedule B – Moorpark Estates Account No. 2412-311-M0047-55200 $431,208.50 Project Contingency Account No. 2416-311-M0047-55200 $127,409.41 Total Contract $1,401,503.51 Actual construction cost, based on final quantities and field measurements, is $1,242,678.10. Staff will be seeking reimbursement from County Waterworks District No. 1, for adjustment of their facilities, in the amount of $19,274.00. As noted above, the City used SB-1 Road Maintenance and Rehabilitation Fund (2416) for a majority of the expenditures; however, we also spent $430,050.08 in Local Transit 8A Fund (2412) for construction and inspection services. The expenditures were eligible for funding from Fund 2416 based on FY 2019/20 and Fiscal Year 2020/21 funding requests. Staff has received confirmation from the California Transportation Commission that it can reverse the expenditures from Fund 2412 and reallocate them to Fund 2416. This will free up $430,050.08 in Fund 2412 revenues which have fewer expenditure restrictions than Fund 2416. To perform the expense exchange, a Budget Amendment (Attachment 2) is necessary to increase expense line 2416-311-M0047- 55200 by $74,011.00 in order to absorb the total expenditure increase of $430,050.08. Staff is also proposing to reduce expense line 2412-311-M0047-55200 by $74,011.00 to maintain the Project budget at $1,800,000.00. Table 1 provides a summary of the proposed budget adjustments and budget impacts. Table 1: Proposed Budget Amendment Expense Line FY 2020/21 Budget (Original) FY 2020/21 Expenditures (Original) FY 2020/21 Budget Amendment FY 2020/21 Budget (Revised) FY 2020/21 Expenditures (Revised) 2416-311-M0047-55200 $1,200,000 $843,961 $74,011 $1,274,011 $1,274,011 2412-311-M0047-55200 $600,000 $430,050 ($74,011)$525,989 $0 Total $1,800,000 $1,274,011 $0 $1,800,000 $1,274,011 COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. 551 Honorable City Council 06/02/2021 Regular Meeting Page 4 STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Authorize the City Clerk to file the Notice of Completion for the 2020 Slurry Seal and Pavement Rehabilitation Project, Project Specification No. MPK 20-01; and 2. Authorize the City Clerk to release the Faithful Performance and Material Suppliers and Laborers Bond, Bond No. 107296589, one year after the date of recordation of the Notice of Completion; and 3. Adopt Resolution No. 2021-____ amending the Fiscal Year 2020/21 budget as noted in Exhibit “A” to the attached resolution. Attachment 1: Notice of Completion (Specification No. MPK 20-01) Attachment 2: Draft Resolution No. 2021-____ 552 ATTACHMENT 1 Form Issued: February 15, 2013 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Attn: City Clerk NO FEE REQUIRED PURSUANT TO: Government Code Sections 6103 and 27383 Space above this line for Recorder's use NOTICE OF COMPLETION Notice pursuant to Civil Code Section 9204 must be filed on or within 15 days after the date of completion of a work of improvement. Civil Code Section 9200 provides that completion of a work of improvement occurs at the earliest of (a) acceptance of the work of improvement by the public entity or (b) cessation of labor on the work of improvement for a continuous period of 60 days. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Moorpark 3. The full address of the owner is: 799 Moorpark Avenue, Moorpark, California 93021 4. The nature of the interest or estate of the owner is: public right-of-way 5. The owner retained a contractor to perform a work of improvement as follows: Placement of Type 2 slurry seal and asphalt pavement repairs on local residential streets. 6. The name and address of the contractor, if any, for such work of improvement was: Toro Enterprises, Inc., P.O. Box 6285, Oxnard, CA 93031-6285 7. The date of the contract was: October 2, 2020 8. The name and address of the surety, if any, was: Travelers Casualty and Surety Company of America 9. The name and address of the construction lender, if any, for such work of improvement was: None 10. The property on which the work of improvement was constructed is in the City of Moorpark, County of Ventura, State of California, and is described as follows: Local residential streets within the Walnut Acres and Moorpark Estates neighborhoods 11. The street address of said property is: None 12. Date labor ceased on the work of improvement: May 7, 2021 13. The work of improvement was completed on: May 31, 2021 Dated: Signed: Troy Brown, City Manager, City of Moorpark, 799 Moorpark Ave., Moorpark, California VERIFICATION I, the undersigned, say: I am the City Manager of the City of Moorpark. I am authorized to make this verification for and on behalf of the City of Moorpark and I make this verification for that reason. I have read this Notice of Completion and the matters stated in this Notice of Completion are true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on , 2021, at Moorpark, California. Signed:__________________________________________________________________________________ Troy Brown, City Manager, City of Moorpark, 799 Moorpark Avenue, Moorpark, California 93021 553 ATTACHMENT 2 RESOLUTION NO. 2021-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR (FY) 2020/21 BUDGET BY APPROPRIATING $74,011 FROM THE ROAD MAINTENANCE AND REHABILITATION FUND (2416) AND REDUCING $74,011 IN EXPENDITURES FROM LOCAL TRANSIT ARTICLE 8A FUND (2412) FOR THE DOWNTOWN AREA SLURRY SEAL PROJECT NO. M0047 WHEREAS, on June 17, 2020, the City Council adopted the Operating and Capital Improvements Budget for FY 2020/21 (Budget) which includes $1,800,000 in expenditures for the Downtown Area Slurry Seal Project No. M0047, with $1,200,000 in expenditures from 2416-311-M0047-55200 and $600,000 in expenditures from 2412- 311-M0047-55200; and WHEREAS, a staff report has been presented to the City Council recommending the appropriation of $74,011 in Road Maintenance and Rehabilitation Fund (2416) to replace $74,011 in expenditures from the Local Transit Article 8A Fund (2412) Downtown Area Slurry Seal Project No. M0047; and WHEREAS, Exhibit “A”, attached hereto and made a part hereof, describes said budget amendment and the resultant impact to the budget line item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the amount of $74,011 from the Road Maintenance and Rehabilitation Fund (2416), as more particularly described in Exhibit “A”, attached hereto, is hereby approved. SECTION 2. A budget amendment in the amount of ($74,011) to the Local Transit Article 8A Fund (2412), as more particularly described in Exhibit “A”, attached hereto, is hereby approved. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 554 Resolution No. 2021-____ Page 2 PASSED AND ADOPTED this 2nd day of June, 2021. ________________________________ Janice S. Parvin, Mayor ATTEST: _________________________ Ky Spangler, City Clerk Exhibit A – Budget Amendment 555 Resolution No. 2021-____ Page 3 FUND BALANCE ALLOCATION: Fund-Account Number Amount 2416-000-00000-33990 74,011.00$ 2412-000-00000-33900 (74,011.00)$ Total -$ EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 2416-311-M0047-55200 1,200,000.00$ 74,011.00$ 1,274,011.00$ 2412-311-M0047-55200 600,000.00$ (74,011.00)$ 525,989.00$ Total 1,800,000.00$ -$ 1,800,000.00$ Road Maintenance and Rehabilitation EXHIBIT A BUDGET AMENDMENT FOR ROAD MAINTENANCE AND REHABILITATION FUND (2416) AND THE DOWNTOWN AREA SLURRY SEAL PROJECT NO. M0047 Fund Title FY 2020/21 Local Transit Article 8A LOCAL TRANSIT ARTICLE 8A FUND (2412) FOR 556