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Home My WebLink AboutE-6 Staff Report - Amendment No. 2 with Metro and Project fundingCONSENT ITEM E-6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ROBERT DELGADILLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: FEBRUARY 1, 2021 SUBJECT: EXECUTE AMENDMENT NO. 2 TO FUNDING AGREEMENT BETWEEN THE CITY AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY AND APPROVE REVISED FUNDING FOR THE TRAFFIC MANAGEMENT SYSTEM PROJECT NO. 66117C, 66117I, 66118C AND 66117J BACKGROUND: The City received a grant from the Los Angeles County Metropolitan Transportation Authority (LACMTA) for the Traffic Management System Project and entered into a Funding Agreement. This project will alleviate traffic congestion, improve traffic and pedestrian safety, and reduce travel times, allowing vehicles to operate more efficiently with less impact to the environment. Minor project delays have resulted in the need to extend the timeframe of the Agreement with LACMTA to February 28, 2021. On September 16, 2019, City Council approved the award of the construction contract to Ferreira Construction Company, identifying Measure R proceeds to fund a $1,524,352 shortfall in the project due to the bids coming in above the engineer’s estimate and other incidental project expenses. After further analyses of funds available and long-term commitments, the proposed funding is being revised. RECOMMENDATION: Staff recommends the City Council take the following actions: 1)Authorize the City Manager to execute Amendment No. 2 to existing Funding Agreement between the City of Azusa and the Los Angeles County Metropolitan Transportation Authority to extend lapsing date of the Project to February 28, 2021, in a form acceptable to the City Attorney, on behalf of the City; and APPROVED CITY COUNCIL 2/1/2021 Traffic Management System Project February 1, 2021 Page 2 2) Approve revised funding for the Traffic Management System Project contract to add an additional $350,000 in Prop C funding and $1,174,352 in Utility Mitigation funding. ANALYSIS: In April 2016, the City was awarded a $3,507,490 Proposition C grant from Metro for the City of Azusa Traffic Management System. On September 16, 2020, the City Council awarded a contract to Ferreira Construction Company for the Traffic Management System Project No. 66117C & 66117I. The project will modernize various signalized intersections along major corridors in the City to improve local and regional traffic flow. On September 16, 2019, City Council awarded the construction contract in the amount of $7,436,683 to Ferreira Construction Company as the lowest and responsible bidder. At that time, due to bids coming in over the engineer’s estimate, there was an anticipated shortfall in overall project funding. It was suggested that Measure R funds be utilized to fund the shortfall. The total project funding at that time was $8,135,884. After further analyses of funds available for the project, and long term commitments, Staff is proposing that the funding for the Traffic Management System Project be changed to the following: Funding Source Value Prop C Grant – Call for Projects $3,108,214 Measure R Bond Proceeds $2,192,233 MSRC Complete Streets Grant $474,925 Prop C $952,696 Utility Mitigation $1,174,352 Total $7,902,420 This table represents the revised estimated total project costs, an increase in Prop C funding and the addition of Utility Mitigation funding. FISCAL IMPACT: An additional $350,000 is available in Prop C and $1,174,352 is available in the Utility Mitigation Fund to fund the shortfall. Upon City Council approval, Staff will prepare the appropriate budget amendments. There is no fiscal impact in executing Amendment No. 2. Prepared by: Reviewed by: Christina Curiel Robert Delgadillo, P.E. Public Works Project Manager Director of Public Works/ City Engineer Fiscal Reviewed by: Reviewed and Approved by: Traffic Management System Project February 1, 2021 Page 3 Talika M. Johnson Sergio Gonzalez Director of Administrative City Manager Services Attachment: 1) Amendment No. 2 to Funding Agreement between the City of Azusa and the Los Angeles County Metropolitan Transportation Authority FTIP# LAF5309 CFP#F5309 AMENDMENT NO. 2 Funding Agreement No. 920000000F5309 Rev: 08.13.19 FA Local Amendment Lapsing Date Extension 1 AMENDMENT No. 2 TO FUNDING AGREEMENT BETWEEN CITY OF AZUSA AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY This Amendment No. 2 to Funding Agreement (this "Amendment"), is dated as of October 1, 2020, by and between City of Azusa ("GRANTEE"), and the Los Angeles County Metropolitan Transportation Authority ("LACMTA"). RECITALS: A.GRANTEE and LACMTA entered into that certain Funding Agreement No. 9200000000F5309 dated November 15, 2015, which was amended on September 15, 2018 (as amended, the "Existing FA"), which Existing FA provides for the City of Azusa Traffic Management System (the “Project”); and B.Whereas, LACMTA Board on August 27, 2020, desires to extend the lapsing date of the Project to February 28, 2021; and C.GRANTEE and LACMTA desire to amend the Existing FA as provided herein. Attachment 1 FTIP# LAF5309 CFP#F5309 AMENDMENT NO. 2 Funding Agreement No. 920000000F5309 Rev: 08.13.19 FA Local Amendment Lapsing Date Extension 2 AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Part II, Paragraph 8.1 (iv) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: “Funds programmed for FY 2015-16 are subject to lapse on February 28, 2021.” 2. Part II, Paragraph 11 of Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: “11. COMMUNICATIONS: 11.1 GRANTEE shall ensure that all Communication Materials contain recognition of LACMTA’s contribution to the Project as more particularly set forth in “Funding Recipient Communications Guidelines” available at http://metro.net/partners-civic. The Funding Recipient Communications Guidelines may be changed from time to time during the course of this Agreement. GRANTEE shall be responsible for complying with the latest Funding Recipient Communications Guidelines during the term of this Agreement, unless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer. 11.2 For purposes of this Agreement, “Communications Materials” include, but are not limited to, press events, public and external newsletters, printed materials, advertising, websites radio and public service announcements, electronic media, and construction site signage. A more detailed definition of “Communications Materials” is found in the Funding Recipient Communications Guidelines. 11.3 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. The preferred logo lock-up for Funding Recipients to use is included in the Funding Recipient Communications Guidelines. 11.4 GRANTEE shall ensure that any subcontractor, including, but not limited to, public relations, public affairs, and/or marketing firms hired to produce Project Communications Materials for public and external purposes will comply with the requirements contained in this Section. 11.5 The LACMTA Project Manager shall be responsible for monitoring GRANTEE’s compliance with the terms and conditions of this Section. GRANTEE’s failure to comply with the terms of this Section sha ll be deemed a default hereunder and LACMTA shall have all rights and remedies set forth herein.” FTIP# LAF5309 CFP#F5309 AMENDMENT NO. 2 Funding Agreement No. 920000000F5309 Rev: 08.13.19 FA Local Amendment Lapsing Date Extension 3 3. Attachment B – Scope of Work, attached to the Existing FA is hereby amended by deleting the Project Schedule and replacing it with the following Revised Project Schedule. FA Milestones Revised Schedule in Amendment 1 Revised Schedule Begin Design Engineering May 2017 May 2017 Completion of Plans, Specifications, and Estimates December 2018 March 2019 Construction Bid & Advertise January 2019 July 2019 Construction February 2019 December 2020 Project Completion February 2020 February 2021 Total Project Duration (Months) 33 45 4. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged. FTIP# LAF5309 CFP#F5309 AMENDMENT NO. 2 Funding Agreement No. 920000000F5309 Rev: 08.13.19 FA Local Amendment Lapsing Date Extension 4 IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be duly executed and delivered as of the above date. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: _________________________________ Date: ____________________ Phillip A. Washington Chief Executive Officer APPROVED AS TO FORM: RODRIGO CASTRO-SILVA Acting County Counsel By: _________________________________ Date: ____________________ Deputy CITY OF AZUSA By: _________________________________ Date: ____________________ Sergio Gonzalez City Manager APPROVED AS TO FORM: By: __________________________________ Date: ____________________ Jeffery L. Cornejo City Clerk