HomeMy WebLinkAboutAGENDA REPORT 2009 1007 CC REG ITEM 09A ITEM 9.A.
CITY OF MOORPARK,CALIFORNIA
city Council Meeting
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MOORPARK CITY COUNCIL _ -LjW 925 R -
AGENDA REPORT BY:
TO: Honorable City Council
FROM: Yugal K. Lail, City Engineer/Public Works Director
Prepared by: Dave Klotzle, Assistant City Engineer
DATE: September 23, 2009 (CC Meeting of 10/07109)
SUBJECT: Consider Authorization to Modify the Mountain Trail Street Pavement
Rehabilitation Project (Project 8083) to Include a Portion of Spring
Road from Peach Hill Road to a Point Approximately 2,000 Feet to
the South and Resolution Approving Program Supplement No. N011
to Administering Agency — State Agreement for Federal Aid Projects
No. 07-5436R for the Mountain Trail Street Pavement Rehabilitation
Project
BACKGROUND
On February 18, 2009, the City Council authorized the design of an asphalt overlay
project for Mountain Trail Street from Tierra Rejada Road to Country Hill Road,
including a new landscaped center median from Cedar Springs Street to Mountain
Meadows Drive. Design of the project is underway and construction is anticipated to
occur in Summer 2010.
Construction of this project will be funded by the City's share of the federal
transportation stimulus funds recently apportioned through the American Recovery and
Reinvestment Act (ARRA). Moorpark's share of the ARRA funds for road projects is
$618,566.00 and is being administered through Caltrans.
DISCUSSION
Based on the amount of ARRA funds allocated to the City, staff is recommending that
both sides of Spring Road from Peach Hill Road to a point approximately 2,000 feet to the
south be added to the subject pavement rehabilitation project. The pavement condition
on this section of Spring Road has deteriorated and is in need of resurfacing.
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Honorable City Council
October 7, 2009
Page 2
The City has applied to Caltrans and has received approval for the $618,566.00 in federal
ARRA funds for the construction of the Mountain Trail Street Pavement Rehabilitation
Project. Because the City's ARRA funds have been approved by Caltrans for Mountain
Trail Street only, Program Supplement No. N011 (Attachment 1) must be executed by
the City and returned to Caltrans prior to submitting a request to add Spring Road to the
project. The Program Supplement is a project specific agreement under the City's
existing Master Agreement No. 07-5436R with Caltrans which sets forth the terms and
conditions for receiving and expending federal funds on City roadway projects.
If Caltrans requires the City to execute a revised Program Supplement to include the
Spring Road area of work, staff will return to City Council at a future meeting for
approval of the revised Program Supplement. Attachment 2 is a resolution approving
the subject Program Supplement and authorizing the City Manager to execute said
Program Supplement.
FISCAL IMPACT
None. City Council's action on this item is administrative approval of the revised project
limits and the subject Program Supplement Agreement. The $618,566.00 in ARRA funds
has been approved by Caltrans and any further budgetary actions will be brought before
City Council for consideration.
STAFF RECOMMENDATIONS
1. Authorize staff to modify the subject project to include both sides of Spring Road from
Peach Hill Road to a point approximately 2,000 feet to the south.
2. Adopt Resolution No. 2009 -
Attachments:
1 — Program Supplement No. N011
2 — Resolution No. 2009 -
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Attachment 1
PROGRAM SUPPLEMENT NO. N011 Date:July 08,2009
to Location:07-VEN-0-MRPK
ADMINISTERING AGENCY-STATE AGREEMENT Project Number:ESPL-5436(015)
FOR FEDERAL-AID PROJECTS NO. 07-5436R E.A. Number:07-933276
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 11/28/07 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
:)n the following pages.
PROJECT LOCATION:
MOUNTAIN TRAIL STREET FROM TIERRA REJADA ROAD TO SUNSETRIDGE ROAD.
TYPE OF WORK:PAVEMENT REHABILITATION LENGTH: O(MILES)
Estimated Cost Federal Funds Matching Funds
C200 $618,566.00 LOCAL OTHER
$618,566.00 $0.00 $0.00 $0.00
CITY OF MOORPARK STATE OF CALIFORNIA
Department of Transportation
By By
Chief, Office of Project Implementation
Date Division of Local Assistance
Attest
Date
Title
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer Date 7 V $618,566.00
11 t7'
Chapter Statutes Item U I Year Program BC I Category Fund Source AMOUNT
268 2008 2660-603-890 2008-2009 20.30.010.810 F 262040 898-F 618,566.00
Program Supplement 07-5436R-H011- ISTEA Page 1 of 5
85
)7-VEN-0-MRPK 07/08/2009
-SPL-5436(015)
SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the current published Local
Assistance Procedures Manual.
2. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer within 60 days 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
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.
3. 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) .
4. Any State and Federal funds that may have been encumbered for
this project are only available for disbursement for a period of
five (6) 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
Program Supplement 07-5436R-NO11- ISTEA Page 2 of 5
86
)7-VEN-0-MR PK 07/08/2009
?SPL-5436(015)
SPECIAL COVENANTS OR REMARKS
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
on that date.
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.
5. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at
least once every six months commencing after the funds are
encumbered for each phase by the execution of this Project
Program Supplement Agreement, or by STATE's approval of an
applicable Finance Letter. STATE reserves the right to suspend
future authorizations/obligations, and invoice payments for any
on-going or future federal-aid project by ADMINISTERING AGENCY if
PROJECT costs have not been invoiced by ADMINISTERING AGENCY for.
a six-month period.
If no costs have been invoiced for a six-month period,
ADMINISTERING AGENCY agrees to submit for each phase a written
explanation of the absence of PROJECT activity along with target
billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents
that collectively constitute a "Report of Expenditures" within
one hundred eighty (180) days of PROJECT completion. Failure of
ADMINISTERING AGENCY to submit a "Final Report of Expenditures"
within 180 days of PROJECT completion will result in STATE
imposing sanctions upon ADMINISTERING AGENCY in accordance with
the current Local Assistance . Procedures Manual.
6. The Administering Agency shall not discriminate on the basis of
race, religion, age, disability, color, national origin, or sex
in the award and performance of any Federal-assisted contract or
in the administration of its DBE Program Implementation
Program Supplement 07-5436R-NO11- ISTEA Page 3 of 5
87
)7-VEN-0-MRPK 07/08/2009
:SPL-5436(015)
SPECIAL COVENANTS OR REMARKS
Agreement. The Administering. Agency shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure nondiscrimination
in the award and administration of Federal-assisted contracts.
The Administrating Agency's DBE Implementation Agreement is
incorporated by reference in this Agreement. Implementation of
the DBE Implementation Agreement, including but not limited to
timely reporting of DBE commitments and utilization, is a legal
obligation and failure to carry out its terms shall be treated as
a violation of this Agreement. Upon notification to the
Administering Agency of its failure to carry out its DBE
Implementation Agreement, the State may impose sanctions as
provided for under 49 CFR Part 26 and may, in appropriate cases,
refer the matter for enforcement under 18 U.S.C. 1001 and/or the
Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.) .
7. As a condition for receiving federal-aid highway funds for the
PROJECT, the Administering Agency certifies that NO members of
the elected board, council, or other key decision makers are on
the Federal Government Excluded Parties List System (EPLS) .
8. This project is financed, in whole or in part, with federal funds
from the American Recovery and Reinvestment Act of 2009 (Recovery
Act) . ADMINISTERING AGENCY agrees:
1) Statutory provisions contained in Chapter 1 of Title 23
United States Code (U.S.C.) are applicable to all Recovery Act
funded projects,
2) Costs incurred prior to the date of authorization are NOT
eligible for reimbursement with federal Recovery Act funds,
3) Federal Prevailing Wage Rate requirements apply to all
Recovery Act funded construction projects regardless of location
(including projects on local roads and rural minor collectors,
and Transportation Enhancement projects outside the highway right
of way) . ADMINISTERING AGENCY agrees to include the appropriate
wage rate information in the contract and also include a contract
provision that overrides the general applicability provisions in
form FHWA-1273, Sections IV and V,
4) To expend and invoice for all Recovery Act funds prior to
Program Supplement 07-5436R-NO11- ISTEA Page 4 of 5
88
)7-V E,N-0-MRPK 07/08/2009
I-SPL-5436(015)
SPECIAL COVENANTS OR REMARKS
using other funds, and
5) To comply with the. reporting requirements, terms and
conditions set forth in Sections 1201 and 1512 of the Recovery
Act and as designated by the STATE. Failure to comply will
result in retentions from progress payments due ADMINISTERING
AGENCY and/or other sanctions,
6) Recovery Act funds are available for liquidation only until
September 30, 2015 when the remaining balance of Recovery Act
funds will expire. ADMINISTERING AGENCY agrees to submit an
invoice for the balance of project Recovery Act funds (if any) to
the STATE prior to July 1, 2015.
Program Supplement 07-5436R-NO11- ISTEA Page 5 of 5
89
Attachment 2
RESOLUTION NO. 2009 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT
NO. N011 TO ADMINISTERING AGENCY — STATE AGREEMENT FOR
FEDERAL-AID PROJECTS NO. 07-5436R PERTAINING TO FEDERAL
FUNDING OF THE MOUNTAIN TRAIL STREET PAVEMENT
REHABILITATION PROJECT [ESPL-5436(015); E.A. NO. 07-933276]
WHEREAS, the City has applied for Federal funds under the American Recovery
and Reinvestment Act (ARRA), to fund the construction of the Mountain Trail Street
Pavement Rehabilitation Project; and,
WHEREAS, the City has received from Caltrans the Authorization to Proceed
with said project; and,
WHEREAS, said Federal funds are administered by the State of California
through the California Department of Transportation (Caltrans); and,
WHEREAS, the City entered into Master Agreement No. 07-5436R with Caltrans
setting forth certain requirements pertaining to Federal-Aid Projects effective November
28, 2007; and,
WHEREAS, it is necessary for the City and Caltrans to jointly execute a Program
Supplement Agreement pertaining specifically to the above mentioned ARRA funding of
the Mountain Trail Street Pavement Rehabilitation Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That Program Supplement No. N011 [Project No. ESPL-
5436(015); E.A. No. 07-933276] is hereby approved.
SECTION 2. That the City Manager of the City of Moorpark is hereby authorized
to execute said Program Supplement on behalf of the City.
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 7{h day of October, 2009.
Janice S. Parvin, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk 90