HomeMy WebLinkAboutAGENDA REPORT 2017 0906 CCSA REG ITEM 10S ITEM 10.S.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
MOORPARK CITY COUNCIL L.,) , o toagL___
AGENDA REPORT BY: Ipai
TO: Honorable City Council
FROM: Sean Corrigan, City Engineer/Public Works Director tip-91 6-V-4
DATE: August 21, 2017 (CC Meeting of September 6, 2017)
SUBJECT: Consider Resolution Approving Program Supplement No. N013 Rev.
1 to Administering Agency – State Agreement for Federal Aid
Projects No. 07-5436R for the Spring and Princeton Overlay Project
and Authorizing the City Manager to Sign the Supplemental
Agreement
BACKGROUND
The Spring Road and Princeton Avenue Overlay Project, Capital Improvement Project
M0021 (formerly 8093), includes pavement rehabilitation on Spring Road (Tierra Rejada
Road to Monte Vista Nature Park); Princeton Avenue (Condor Drive to Campus Park
Drive); Poindexter Avenue (N. Commerce Avenue to Gabbert. Road); and Gabbert
Road (Poindexter Avenue to a point approximately 200-feet south of Poindexter
Avenue). The City Council previously approved, by Resolution No. 2015-3445, a
Program Supplement with the State that funded the project by a combination of
Regional Surface Transportation Program (RSTP) in the amount of $585,253, with a
local match of $90,000, using Transportation Development Act (TDA) Article 8a
funding.
Since that time, the project scope of work was reduced to eliminate pavement
rehabilitation along Princeton Avenue within the State (SR-118) right-of-way. This
reduction in scope of work was to lessen Caltrans' review time for any proposed
improvements within their right-of-way, reduce project delays, and advance this project
forward to construction. The reduced scope of work requires the original Program
Supplement No. 13 to be revised. The revised agreement, No. 13 Rev. 1, will fund the
project with $575,167 of RSTP federal funds with $90,057 of TDA local match funds for
the Federal Participating Cost portion of the scope of work.
•
S:\Public Works\Everyone\Reports\Staff Reports12017\09_September\(2017-09-06)caltrans program supplement agreement\(2017-09-06)staff report- 5 3 1
program supplement agreement.doc
Honorable City Council
September 6, 2017 •
Page 2
DISCUSSION
Although the City applied for the RSTP funds through the Ventura County Transportation
Commission (VCTC), Caltrans acts on behalf of the Federal Highway Administration
(FHWA) and administers the federal grant. As a condition for payment by the State of
these federal funds, Program Supplement No. 13 Rev. 1 must be executed by the City
(Administering Agency) and returned to Caltrans. 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. The Program Supplement requires that the City include
a Resolution (Attachment 2) approving the subject Program Supplement and
authorizing the City Manager to execute said Program Supplement.
On April 19, 2017, the City Council approved the Plans and Specifications for the project
and authorized staff to advertise for construction bids. Construction bid proposals have
been received and reviewed. Staffs recommendation for construction contract award is
• under a separate, agenda item.
FISCAL IMPACT
Approving the Resolution will enable Caltrans to process the City's RSTP funds (which
are reimbursement-based) up to $575,167. The City's current budget estimates a federal
funding source amount of $637;416. The construction bid proposals for the participating
costs are less than $637,416. Staff will note this reduced funding and adjust CIP M0021
(8093) through a separate budget amendment or during the Mid-Year Budget
Adjustment.
STAFF RECOMMENDATION
1. Adopt Resolution No. 2017 -
2. Authorize the City Manager to sign Program Supplement No. N013 Rev. 1 to
Administering Agency-State Agreement for Federal-Aid Projects No 07-5436R.
ATTACHMENTS
1. Program Supplement No. N013 Rev. 1.
2. Draft Resolution
3. Resolution No. 2015-3445
S:\Public Works\Everyone\Reports\Staff Reports12017\09_September\(2017-09-06)caltrans program supplement agreement\(2017-09-06)staff report- 5 3 2
program supplement agreement.doc
Attachment No. .1
STATE OF CALIFORNIA-CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G.BROWN Jr.,Governor
DEPARTMENT OF TRANSPORTATION
-C'k;l:�n���•
Division of Local Assistance w7z�v- -
II 1120 N STREET r ,`
P.O. BOX 942874, MS#1 ! '
Sacramento,CA 942740001
TTY 711
(916)654-3883
Fax(916)654-2408 FCFIVFFile; 07-VEN-0-MRPK
STPL-5436(017)
June 9,2017 SPRING ROAD FROM TIERRA
`l p?° 1 j 2011 REJADA NORTH APPROX 1,500
FEET(TO THE SOUTH SIDE OF M
Public Works Department
Mr. Yugal Lall
City Engineer
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
Attn: Mr. David Klotzle
Dear Mr. Lall:
Enclosed are two originals of the Program Supplement Agreement No. 013-N1 to Administering Agency-State
Agreement No. 07-5436R and an approved Finance Letter for the subject project. Please retain the signed Finance
Letter for your records.
Please note that federal funding will be lost if you proceed with future phase(s) of the project prior to getting
the"Authorization to Proceed"with that phase.
Please review the covenants and sign both copies of this Agreement and return both to this office, Office of Project
Implementation-MS1 within 90 days from the receipt of this letter. If the signed Agreements are not received back in
this office within 90 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the
agreement language or funding.ATTACH YOUR LOCAL AGENCY'S CERTIFIED AUTHORIZING RESOLUTION THAT
CLEARLY IDENTIFIES THE OFFICIAL AUTHORIZED TO EXECUTE THE AGREEMENT ON THE AGENCY'S
BEHALF. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. No invoices for
reimbursement can be processed until the agreement is fully executed.
The State budget authority supporting the encumbered funds is only available for liquidation up to specific deadlines.
These deadlines are shown on the attached Finance letter as the "Reversion Date". Please ensure that your invoices
are submitted at least 60 days prior to the reversion date to avoid any lapse of funds. If your agency is unable to seek
reimbursement by this date you may request an extension through a Cooperative Work Agreement(CWA). A CWA is
subject to the final approval of the State Department of Finance. If approved,the CWA may extend the deadline for up
to two years.
Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer.
Sincerely,
/4/
r ADAM AMBROSINI,Acting Chief
Office of Project Implementation-South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(07)DLAE-Steve Novotny
533
DEPARTMENT OF TRANSPORTATION FINANCE LETTER Date: 06/07/2017 EA No:
DIVISION OF ACCOUNTING D_CO_RT: 07-VEN-0-MRPK
LOCAL PROGRAM ACCOUNTING BRANCH Project No: STPL-5436(017)
Adv Project Id: 0715000231
Attention: City of Moorpark Period of Performance End Date: 10/04/2019
Agreement End Date: 07/04/2021
FINANCE ITEMS PRO RATA OR TOTAL COST OF FEDERAL PART. FED.REIMB% FEDERAL LOCAL
LUMP SUM WORK COST
M240
Contract Items: $506,336
Contingencies: $50,633
Total: $556,969
Construction Lump Sum $558,989.00 $543,802.00 88.53% $481,428.00 $75,541,0
Agency Construction Lump Sum $108,255.00 $105,884.00 88.53% $93,739.00 $14,516.0
Engineering
Totals: $665,224.04 $649,686.00 0.00% $575,167.00 $90,057.0
Participation Ratio: 97.66% This Finance Letter was created based on specific financial information provided by the responsible local agency.The following
encumbrance history is epared by Local Assistance Accounting Office and is provided here for local agency's information and action.
Signature:
/4:4. For questions regarding finance letter, contact:
Title: Senior Transportation Engineer Printed Name: Robert Nguyen
Telephone No: 916-651-8913
Remarks: THIS FINANCE LETTER IS GENERATED BASED ON CITY'S FINANCE LETTER DATED 04/10/2017.THE ADVANTAGE ID#0715000231.
ACCOUNTING INFORMATION STPL-5436(017) Cooperative Work Agreement
APPROP. ENCUMBRANCE APPROP EXPENDITURE ENCUMBRANCE REVERSION APPROVED EXPIRATION D
ADV. PROJECT ID UNIT STATE PROG. FED/STATE AMOUNT YEAR AMOUNT BALANCE DATE AMOUNT DATE n
0715000231 I 15102F 2030010810 .1 F I $575,167.00 I 1415 $389.52 I $574,777.48 I 06/30120 =
o7
Z
0
LTIW
Attachment No. 1
e R
t
PROGRAM SUPPLEMENT NO. N013 Rev. 1 Adv Project ID Date: June 2, 2017 ='
to 0715000231 Location: 07-VEN-0-MRPK 4,
ADMINISTERING AGENCY-STATE AGREEMENT Project Number: STPL-5436(017) 1
FOR FEDERAL-AID PROJECTS NO 07-5436R E.A. Number:
Locode: 5436
f
3
This Program Supplement hereby adopts and 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
z.
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).
1
The Administering Agency further stipulates that as a condition to the payment by the 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 set forth on the following pages.
PROJECT LOCATION: r,
SPRING ROAD FROM TIERRA REJADA NORTH APPROX 1,500 FEET(TO THE SOUTH SIDE OF MONTE VISTA 1.
I
PARK). PRINCETON AVE FROM CAMPUS PARK DR SOUTH APPROX 1,100 FEET(TO THE NORTH SIDE OF 1
ROUT w
TYPE OF WORK: ASPHALT PAVEMENT RESURFACING. LENGTH:0.0(MILES) E
Estimated Cost Federal Funds Matching Funds
M240 $575,167.00 LOCAL OTHER g,
e
$665,224.00 $90,057.0
$0.00
t
r
I'
P
e
CITY OF MOORPARK STATE OF CALIFORNIA 4
' Department of Transportation
By By
Title Chief, Office of Project Implementation
Division of Local Assistance
Date
E
Attest z;
Date
E
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: 1
Accounting Officer Date 41A1/1 7 $575.167.00et
r
r
F-
F
f
v
Program Supplement 07-5436R-N013-R1-ISTEA Page 1 of 7
535 t
r
•
1
.STATE Oe CALIFORNIA.DEPARTMENT OF TRANSPORTATION Attachment No.
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF(REV.01/2010)
Page_-of
TO: STATE CONTROLLER'S OFFICE PROJECT NUMBER_
Claims Audits 6/212017 0715000231
3301 "C"Street,Rm 404 REQUISITION NUMBER I CONTRACT NUMBER:
Sacramento,CA 95816 CT-2660-075436013N
FROM:
Department of Transportation
SUBJECT:
Encumbrance Document
VENDOR/ LOCAL AGENCY:
CITY OF MOORPARK
CONTRACT AMOUNT:
$575,167.00
Local Assistance
CHAPTER STATUTES ITEM YEAR PEC/PECT TASK/SUBTASK AMOUNT
25 2014 2660-102-0890 2015 20.30.010.810 2620/0400 $575,167.00
•
•
•
•
•
•
•
•
ADA Nob For individuals with sensory disabilities,this document is available in alternate formats.For information,call(915)654-6410 of TDD(916)-3880 or write
Records and Forms Management,1120 N.Street,MS-89,Sacramento,CA 95814.
536
07-VEN-0-MRPK 06/02/2017
STPL-5436(017) Attachment No. 1
SPECIAL COVENANTS OR REMARKS
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
1111111111111111.1111.111101111.111111M
1.11111111MMIMIIMIramini=
1111111.11111111111.1111111.1
Program Supplement 07-5436R-N013-R1-ISTEA Page 2 of 7
537
07-VEN-0-MRPK 06/02/2017
STPL-5436(017) Attachment No. 1
SPECIAL COVENANTS OR REMARKS
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. 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).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might
be made available 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.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the
District Local Assistance Engineer within 60 days of project contract award and prior to
the submittal of the ADMINISTERING AGENCY'S first invoice for the construction
contract.
Failure to do so will cause a delay in the State processing invoices for the construction
phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
E. 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 for Federal aid projects, or encumbrances for State funded
projects, as well as to suspend invoice payments for any on-going or future 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.
F. 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-
Program Supplement 07-5436R-N013-R1-ISTEA Page 3 of 7 5 3 8
07-VEN-0-MRPK 06/0212017
STPL-5436(017) Attachment No. 1
• • SPECIAL COVENANTS OR REMARKS
assisted contract or in the administration of its DBE Program Implementation 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 Administering 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.).
G. Any State and Federal funds that may have been encumbered for this project are
available for disbursement for limited periods of time. For each fund encumbrance the
limited period is from the start of the fiscal year that the specific fund was appropriated
within the State Budget Act to the applicable fund Reversion Date shown on the State
approved project finance letter. Per Government Code Section 16304, all project funds
not liquidated within these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested by the ADMINISTERING AGENCY and
approved by the California Department of Finance.
ADMINISTERING AGENtY should ensure that invoices are submitted to the District
Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to
avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's
Office and the Department of Finance; in order for payment to be made, the last date the
District Local Assistance Engineer can forward an invoice for payment to the
Department's Local Programs Accounting Office for reimbursable work for funds that are
going to revert at the end of a particular fiscal year is May 15th of the particular fiscal
year. Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement involving
applicable funds that is not received by the Department's Local Programs Accounting
Office at least 45,days prior to the applicable fixed fund Reversion Date will not be paid.
These unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on the applicable fund Reversion Date.
•H. 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 Exclusion List. Exclusions can be
found at www.sam.gov.
2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and
procedures (including those set forth in the Local Assistance Procedures Manual and the
Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL
ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of
Program Supplement 07-5436R-N013-R1-ISTEA Page 4 of 7 5 3 9
07-VEN-O-MRPK
STPL-5436(017)
06/02/2017
Attachment No. 1
1 . • - SPECIAL COVENANTS OR REMARKS
Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable
federal laws, regulations, and policy and procedural or instructional memoranda, unless
otherwise specifically waived as designated in the executed project-specific PROGRAM
SUPPLEMENT.
B. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes
the address of ADMINISTERING AGENCY and shall be formatted in accordance with
LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup
documentation for costs incurred and claimed for reimbursement by ADMINISTERING
AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup
documentation with invoices if requested by State. Acceptable backup documentation
includes, but is not limited to, agency's progress payment to the contractors, copies of
cancelled checks showing amounts made payable to vendors and contractors, and/or a
computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central
Service Cost Allocation Plans and related documentation are to be prepared and provided
to STATE (Caltrans Audits & Investigations) for review and approval prior to
ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each
fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be
prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of
the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures
established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING
AGENCY submits the Final Report of Expenditures for each completed PROGRAM
SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and
subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its
contractors and subcontractors claimed for reimbursement or as local match credit shall
not exceed rates authorized to be paid rank and file STATE employees under current
State Department of Personnel Administration (DPA) rules. If the rates invoiced by
ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is
responsible for the cost difference, and any overpayments inadvertently paid by STATE
shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty
(30) days of such invoice.
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform •
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and
subcontractors will be obligated to agree, that Contract Cost Principles and Procedures,
Program Supplement 07-5436R-N013-R1-ISTEA Page 5 of 7 540
07-VEN-O-MRPK 06/0212017
STPL-5436(017) Attachment No. 1
SPECIAL COVENANTS OR REMARKS
48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be
used to determine the allowability of individual PROJECT cost items.
I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply
with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures,
Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381
(non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or
credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200,
23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL
regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT
WORK and records and ADMINISTERING AGENCY agrees, and shall require its
contractors and subcontractors to agree,. to cooperate with STATE by making all
appropriate and relevant PROJECT records available for audit and copying as required
by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and
subcontractors, and STATE shall each maintain and make available for inspection and
audit by STATE, the California State Auditor, or any duly authorized representative of
STATE or the United States 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 and ADMINISTERING AGENCY shall
furnish copies thereof if requested. All of the above referenced parties shall make such
AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their
respective offices at all reasonable times during the entire PROJECT period and for three
(3) years from the date of submission of the final expenditure report by the STATE to the
FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and
maintain a financial management system and records that properly accumulate and
segregate reasonable, allowable, and allocable incurred PROJECT costs and matching.
funds by line item for the PROJECT. The financial management system of
ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to
Generally Accepted Accounting Principles, enable the determination of incurred costs at
interim points of completion, and provide support for reimbursement payment vouchers or
invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single
. Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal
year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS
adopting the terms of this AGREEMENT in the schedule of projects to be examined in
Program Supplement 07-5436R-N013-R1-ISTEA Page 6 of 7 5 41
07-VEN-O-MRPK 06/02/2017
STPL-5436(017) Attachment No. 1
SPECIAL COVENANTS OR REMARKS
ADMINISTERING AGENCY's annual audit and in the schedule of projects to be
examined under its single audit prepared in accordance with 2 CFR, Part 200.
0. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000,
construction contracts over $10,000, or other contracts over $25,000 [excluding
professional service contracts of the type which are required to be procured in
accordance with Government Code sections 4525 (d), (e) and (1)] on the basis of a
noncompetitive negotiation for work to be performed under this AGREEMENT without the
prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if
intended as local match credit, must meet the requirements set forth in this AGREEMENT
regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this
AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this
agreement.
Program Supplement 07-5436R-N013-R1-ISTEA Page 7 of 7 5 4 2
Attachment No. 2
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING PROGRAM
SUPPLEMENT NO. N013 REV. 1 TO ADMINISTERING
AGENCY — STATE AGREEMENT FOR FEDERAL-AID
PROJECTS NO. 07-5436R PERTAINING TO FEDERAL
FUNDING OF THE SPRING AND PRINCETON OVERLAY
PROJECT [STPL-5436(017)]
WHEREAS, the City has applied for Federal funds under the Regional Surface
Transportation Program (RSTP), to fund the construction of the Spring and Princeton
Overlay Project, which consists of pavement rehabilitation on Spring Road (Tierra
Rejada Road to Monte Vista Nature Park), Princeton Avenue (Condor Drive to Campus
Park Drive), Poindexter Avenue (North Commerce Avenue to Gabbert Road), and
Gabbert Road (Poindexter Avenue to a point approximately 200-feet south of
Poindexter Avenue; 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 RSTP funding of
the Spring and Princeton Overlay Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That Program Supplement No. N013 Rev. 1 [Project No. STPL-
5436(017)] is hereby approved.
SECTION 2. That the City Manager of the City of Moorpark is hereby authorized
to execute said Program Supplement No. N013 Rev. 1 on behalf of the City.
543
Attachment No. 2
Resolution 2017-
Page 2
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 6th day of September, 2017.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
544
Attachment No. 3
RESOLUTION NO. 2015-3445
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING PROGRAM
SUPPLEMENT NO. NO13 TO ADMINISTERING AGENCY—
STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO.
07-5436R PERTAINING TO FEDERAL FUNDING OF THE
SPRING AND PRINCETON OVERLAY PROJECT [STPL-
5436(017)]
WHEREAS, the City has applied for Federal funds under the Regional Surface
Transportation Program (RSTP), to fund the construction of the Spring and Princeton
Overlay Project, which consists of pavement rehabilitation on Spring Road (Tierra
Rejada Road to Monte Vista Nature Park), Princeton Avenue (Condor Drive to Campus
Park Drive), Poindexter Avenue (North Commerce Avenue to Gabbert Road), and
Gabbert Road (Poindexter Avenue to a point approximately 200-feet south of
Poindexter Avenue; 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 RSTP funding of
the Spring and Princeton Overlay Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That Program Supplement No. NO13 [Project No. STPL-5436(017)]
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.
545
Resolution 2015-3445
Attachment No. 3
Page 2
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 7th day of October, 2015.
J. ice S. Patvin, Mayor
ATTEST:
Maureen Benson, City Clerk � !'
711;0,4.
� ;0 �
YT
•
546
Attachment No. 3
Resolution 2015-3445
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Resolution No. 2015-3445 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the 7th
day of October, 2015, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 13th day of October,
2015.
Maureen Benson, City Clerk
(seal)
I hereby certify, under penalty of
per jury,that this is a true and correct ���
copy of the ,original document gadialfor '
co»sisting of pages which is
on file in this office.
Executed on i® /� A0I ^►l k
at Moorpark.,California. ��V�
•47-
City
Ci Clerk's Office
547
Attachment No. 3
j I
PROGRAM SUPPLEMENT NO. N013 Adv Project ID Date: August 10,2015
to 0715000231 Location: 07-VEN-118-MRP
ADMINISTERING AGENCY-STATE AGREEMENT Project Number: STPL-5436(017)
FOR'FEDERAL-AID PROJECTS NO 07-5436R E.A. Number:
Locode: 5436
This Program Supplement hereby adopts and 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. ad I c-3yy5approved by the Administering Agency on jo/7/ O/3
(See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the 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 set forth on the following pages.
PROJECT LOCATION: •
SPRING RD. FROM MONTE VISTA NATURE PARK TO TIERRA REJEDA RD, PRINCETON AVE FROM CONDOR
DRIVE TO CAMPUS PARK DRIVE, POINDEXTER AVE FROM GABBERT RD TO COMMERCE RD,GABBERT RD
FROM PO
TYPE OF WORK: ASPHALT PAVEMENT RESURFACING. LENGTH: 0.0(MILES)
Estimated Cost Federal Funds Matching Funds •
M240 $585,253.00 LOCAL OTHER
- $675,876.00 $90,623.0 $0.00
{
CITY OF MOORPARK STATE OF CALIFORNIA
Department of Transportation
By �_J�r‘"' tiJ By
Title c'ry /4frif 4 �'�'" Cief,Office of Project Implementation
Division of Local Assistance
Date
( ,, Date
• Attest !!� =�'`'- e
a:41clk
I hereby certify upon my personalknowledge that budgeted funds are available for this encumbrance:
Accounting Officer y1/1 Date IAA $585,253.00
•
Program Supplement 07-5436R-N013-ISTEA Page 1 of 4
548
• Attachment No. 3
STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF(REV.01/2010)
Page_of
TO: STATE CONTROLLER'S OFFICE DATE PREPARED: PROJECT NUMBER:
Claims Audits 8/12/2015 0715000231
3301 "C"Street,Rm 404 REQUISITION NUMBER/CONTRACT NUMBER:
Sacramento,CA 95816 RQS-2660-071600000111
FROM:
Department of Transportation
SUBJECT:
Encumbrance Document
VENDOR/ LOCAL AGENCY:
CITY OF MOORPARK
CONTRACT AMOUNT:
$585,253.00
PROCUREMENT TYPE:
Local Assistance
CHAPTER .STATUTES ITEM YEAR PEC/PECT TASK/SUBTASK AMOUNT
25 . 2014 2660-102-0890 2014/2015 2030010810 2620/0400 585,253.00
••
ADA Notil For individuals with sensory disabilities,this document is available in alternate formats.For information,call(915)654-6410 of TDD(916)-3880 or write
Records and Forms Management 1120 N.Street,MS-89,Sacramento,CA 95814.
549
07-VEN-118-MRPK Attachment
•
N0
STPL-5436(017)
SPECIAL COVENANTS OR REMARKS
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
•
Program Supplement 07-5436R-N013-ISTEA Page 2 of 4
550
i g �l2
07-VEN-118-MRPK Attachmeilt 4 1
•
STPL-5436(017)
SPECIAL COVENANTS OR REMARKS
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. 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). .
C. Award.information shall be submitted by the ADMINISTERING AGENCY to the
District Local Assistance Engineer within 60 days of project contract award and prior to
the submittal of the ADMINISTERING AGENCY'S first invoice for the construction
contract.
Failure to do so will cause a delay in the State processing invoices for the construction
phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
D. 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 for Federal aid projects, or encumbrances for State funded
projects, as well as to suspend invoice payments for any on-going or future 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.
E. 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 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 Administering 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
Program Supplement 07-5436R-N013-ISTEA Page 3 of 4
551
07-VEN-118-MRPK Attachme/1nt 01/20015
�STPL-5436(017)
` SPECIAL COVENANTS OR REMARKS
3 '
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.).
F. Any State and Federal funds that may have been encumbered for this project are.
available for disbursement for limited periods of time. For each fund encumbrance the
limited period is from the start of the fiscal year that the specific fund was appropriated.
within the State Budget Act to the applicable fund Reversion Date shown on the State
approved project finance letter. Per Government Code Section 16304, all project funds
not liquidated within these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested by the ADMINISTERING AGENCY and
approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District
Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to
avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's
Office and the Department of Finance; in order for payment to be made, the last date the
District Local Assistance Engineer -can forward an invoice for payment to the
Department's Local Programs Accounting Office for reimbursable work for funds that are
going to revert at the end of a particular fiscal year is May 15th of the particular fiscal
year. Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement involving
applicable funds that is not received by the Department's Local Programs Accounting
Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid.
These unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on the applicable fund Reversion Date.
G. 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 Exclusion List. Exclusions can be
found at www.sam.gov.
H. STATE and ADMINISTERING AGENCY agree that any additional funds which are
made available for any new phase(s) of work by future Federal obligations will be
encumbered on this PROJECT by use of a Federal Highway Administration-approved
"Authorization to Proceed" (E-76) STATE Finance Letter. ADMINISTERING AGENCY
agrees that Federal funds available for reimbursement will be,limited to the amounts
obligated by the Federal Highway Administration.
Program Supplement 07-5436R-N013-ISTEA Page 4 of 4
552