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Home My WebLink AboutAGENDA REPORT 2005 0119 CC REG ITEM 10IITEM 10•Z CITY OF MOOR' * RK, CALIFORNIA City coulticii Meeting Of., / � 9 - aoa,- MOORPARK CITY COUNCIL ACTION, AGENDA REPORT TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works �I DATE: January 6, 2005 (Council Meeting 1- 19 -05) SUBJECT: Approval of Program Supplement Agreement No. M009 [Los Angeles Avenue Widening at Beltramo Ranch Road and Maureen Lane] to Administering Agency -State Agreement for Federal Aid Projects No. 07 -5436 DISCUSSION A. Background On March 1, 1996, the City entered into a Master Agreement [Agreement No. 07 -54361 pertaining to the administration of Federal -Aid Projects. From time to time the City has also entered into Supplemental Agreements pertaining to specific Federally funded projects. B. Los Angeles Avenue Wideninq at Beltramo Ranch Road The City has applied for and received approval of a Federal CMAQ (Congestion Mitigation Air Quality) grant for the partial funding of construction costs for the construction of a street widening project, to better accommodate pedestrian and bicycle traffic, on Los Angeles Avenue from Beltramo Ranch Road to a point east of Maureen Lane. The amount of the federal grant is $442,789, with an estimated local match of $451,506. C. Supplemental Agreement No. M009 Attached as Exhibit 1, is the subject Supplemental Agreement pertaining to the federal grant funds for the subject project. D. Resolution Attached as Exhibit 2 is a Resolution approving the subject Supplemental Agreement and authorizing the Mayor to sign said document. L A Beltramo Sup Agree Supplemental Agreement Los Angeles Avenue Widening at Beltramo Ranch Road January 19, 2005 Page 2 STAFF RECOM- MMATION Adopt Resolution No. 2005- L A_Beltramo_Sup Agree f_7 )e PROGRAM SUPPLEMENT NO. M009 Date: December 06, 2004 to Location: 07 -VEN -118 ADMINISTERING AGENCY -STATE AGREEMENT Project Number:CML- 5436(012) FOR FEDERAL -AID PROJECTS NO. 07 -5436 E.A. Number: 07-4Y9828 This Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 03/01/96 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. , approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted below obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth on the following pages. PROJECT LOCATION: Los Angeles Avenue Widening at Beltramo road/Maureen Lane TYPE OF WORK: Pedestrian Walkway/Roadway widening/adding parking lane LENGTH: 0(MILES) Estimated Cost Federal Funds Matching Funds $894,295.00 H400 $442,789.00 LOCAL $451,506.00 $0.00 OTHER $0.00 x:1'1' i Ur MUU1CYA1tK By Date Attest Title STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowled a that budgeted funds are available for this encumbrance: Accounting Of f icl %' � � ..�� `� Date $442,789.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT 208 2004 2660 - 102 -890 2004 -2005 20.30.010.820 C 262040 Program Supplement 07- 5436 -M009- ISTEA 892 -F 442,789.00 Page 1 of 4 07- VEN -118 CML- 5436(012) SPECIAL COVENANTS OR REMARKS 12/06/2004 1. The ADMINISTERING AGENCY will reimburse the STATE for the ADMINISTERING AGENCY share of costs for work requested to be performed by the STATE. 2. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the most current published Local Assistance Procedures Manual. 3. All project repair, replacement and maintenance involving the physical condition and the operation of project improvements referred to in Article III MAINTENANCE, of the aforementioned Master Agreement will be the responsibility of the ADMINISTERING AGENCY and shall be performed at regular intervals and as required for efficient operation of the completed project improvements. 4. The ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act and OMB A -133 if it receives a total of $300,000 or more in federal funds in a single fiscal year. The federal funds received under this project are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning & Research. OMB A -133 superceded OMB A -128 in 1996. A reference to OMB A -128 in a Master Agreement (if any) is superceded by this covenant to conform to OMB A -133. 5. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration (FHWA) in the Federal -Aid Project Authorization /Agreement or Amendment /Modification (E -76) and accepts any resultant increases in ADMINISTERING AGENCY funds as shown on the Finance Letter, any modification thereof as approved by the Division of Local Assistance, Office of Project Implementation. 6. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after the project contract award. A copy of the award package shall also be included with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract to: Department of Transportation Division of Accounting Local Programs Accounting Branch, MS #33 Program Supplement 07- 5436 -M009- ISTEA Page 2 of 4 07 -VEN -118 12/06/2004 CML- 5436(012) SPECIAL COVENANTS OR REMARKS P. O. Box 942874 Sacramento, CA 94274 -0001 Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual and LPP 01 -06. 7. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available for new phase(s) of work by future Federal obligations will be encumbered on this PROJECT by use of a STATE approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. 8. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). 9. Any State and Federal funds that may have been encumbered for this project are only available for disbursement for a period of five (5) years and seven (7) years, respectively, from the start of the fiscal year(s) that those funds were appropriated within the State Budget Act. All project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested and is approved by the California Department of Finance per Government Code Section 16304. The exact date of each fund reversion will be reflected in the approved finance letter(s) issued for this project. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement that is not submitted to the Department on or before 60 days after that applicable fixed fund reversion date will not be paid from that fiscal year's encumbered funds because all of these unexpended funds will be irrevocably reverted by the Department's Division of Accounting Program Supplement 07- 5436 -M009- ISTEA Page 3 of 4 07 -VEN -118 CML- 5436(012) SPECIAL COVENANTS OR REMARKS on that date. 12/06/2004 Pursuant to a directive from the State Controller's Office and the Department of Finance, the last date to submit invoices for reimbursed work in each fiscal year is May 15th in order for payment to be made out of those then current appropriations. Project work performed and invoiced after May 15th will be reimbursed only out of available funding that might be encumbered in the subsequent fiscal year, and then only when those funds are actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office. Program Supplement 07- 5436 -M009- ISTEA Page 4 of 4 Exhibit 2 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING A SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PERTAINING TO THE LOS ANGELES AVENUE WIDENING PROJECT AT BELTRAMO RANCH ROAD AND MAUREEN LANE [CML- 5436(012); EA NO. 07- 4Y98281 WHEREAS, the City has applied for and has received approval of Federal Congestion Mitigation Air Quality (CMAQ) funds for the partial funding of the Los Angeles Avenue Widening Project at Beltramo Ranch Road and Maureen Lane; and WHEREAS, it is necessary and appropriate to document the receipt of said grant funding through the execution of a Supplemental Agreement to the City / State Agreement pertaining to Federal -Aid Projects. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That Program Supplement No. M009 to Agreement No. 07 -5436 is hereby approved. SECTION 2 hereby authorized of the City. That the Mayor of the City of Moorpark is to execute said Program Supplement on behalf 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. PASSED AND ADOPTED this 19th day of January, 2005. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk