Agenda packet — Madera City Council, January 19, 2022 (part 2 of 2)

EXECUTIVEORDERS
a. Executive Order 11246 – Equal Employment Opportunity b. Executive Order 11990 – Protection of Wetlands
c. Executive Order 11998 – Flood Plain Management
d. Executive Order 12372 – Intergovernmental Review of Federal Programs e. Executive Order 12699 – Seismic Safety of Federal and Federally Assisted New Building Construction
f. Executive Order 12898 – Environmental Justice
g. Executive Order 14005 – Ensuring the Future Is Made in All of America by All of America's Workers.

FEDERALREGULATIONS
a. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement).
b. 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.3, 4
c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment. d. 28 CFR Part 35 – Discrimination on the Basis of Disability in State and Local Government Services.
e. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964.
f. 29 CFR Part 1 – Procedures for predetermination of wage rates.1 g. 29 CFR Part 3 – Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.1 3-06-0144-033-2022
16 h. 29 CFR Part 5 – Labor standards provisions applicable to contracts covering Federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act).1 i. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally assisted contracting requirements).1 j. 49 CFR Part 20 – New restrictions on lobbying.
k. 49 CFR Part 21 – Nondiscrimination in Federally-assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. l. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions. m. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Program.
n. 49 CFR Part 27 – Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.1 o. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. p. 49 CFR Part 30 – Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 32 – Government-wide Requirements for Drug-Free Workplace (Financial Assistance).
r. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities(ADA). s. 49 CFR Part 41 – Seismic safety of Federal and Federally assisted or regulated new building construction.

FOOTNOTES TOAIRPORT RESCUE GRANT ASSURANCE B
1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 4 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits.

SPECIFICASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations, or circulars are incorporated by reference in this Grant Agreement.

1. Purpose Directly Related to the Airport
It certifies that the reimbursement sought is for a purpose directly related to the airport.

2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:

It has legal authority to apply for this Grant, and to finance and carry out the proposed grant; that an official decision has been made by the applicant’s governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing 3-06-0144-033-2022
17 and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor:

It has legal authority to apply for this Grant and to finance and carry out the proposed Grant and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required.

3. Good Title.

It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired.

4. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
b. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with this Grant Agreement.
c. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations, and the terms and conditions of this Grant Agreement.

5. Consistency with Local Plans.

Any project undertaken by this Grant Agreement is reasonably consistent with plans (existing at the time of submission of the Airport Rescue Grant application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.

6. Consideration of Local Interest.

It has given fair consideration to the interest of communities in or near where any project undertaken by this Grant Agreement may be located.

7. Consultation with Users.

In making a decision to undertake any airport development project undertaken by this Grant Agreement, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
3-06-0144-033-2022
18 8. Pavement Preventative Maintenance.

With respect to a project undertaken by this Grant Agreement for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport, including Airport Rescue Grant funds provided under this Grant Agreement. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful.

9. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all Grant accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the Grant in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the Grant supplied by other sources, and such other financial records pertinent to the Grant. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a Grant or relating to the Grant in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made.

10. Minimum Wage Rates.

It shall include, in all contracts in excess of $2,000 for work on the airport funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.

11. Veteran's Preference.

It shall include in all contracts for work on any airport development project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.

12. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, State and local agencies for maintenance and 3-06-0144-033-2022
19 operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for:

1. Operating the airport's aeronautical facilities whenever required;

2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and

3. Promptly notifying airmen of any condition affecting aeronautical use of the airport.

Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended.

13. Hazard Removal and Mitigation.

It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.

14. Compatible Land Use.

It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft.

15. Exclusive Rights.

The sponsor shall not grant an exclusive right to use an air navigation facility on which this Grant has been expended. However, providing services at an airport by only one fixed-based operator is not an exclusive right if—
a. it is unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide the services; and
b. allowing more than one fixed-based operator to provide the services requires a reduction in space leased under an agreement existing on September 3, 1982, between the operator and the airport.

16. Airport Revenues.
a. This Grant shall be available for any purpose for which airport revenues may lawfully be used to prevent, prepare for, and respond to coronavirus. Funds provided under this Airport Rescue Grant Agreement will only be expended for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport(s) subject to this agreement and all applicable addendums for costs 3-06-0144-033-2022
20 related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments as prescribed in the Act. b. For airport development, 49 U.S.C. § 47133 applies.

17. Reports and Inspections.

It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
b. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail:

1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and

2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property.

18. Land for Federal Facilities.

It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary.

19. Airport Layout Plan.
a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up to date at all times an airport layout plan of the airportshowing:

1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;

2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities;

3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and

4. all proposed and existing access points used to taxi aircraft across the airport’s property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layoutplan 3-06-0144-033-2022
21 as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airportsponsor.

20. Civil Rights.

It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this Grant. a. Using the definitions of activity, facility, and program as found and defined in §§ 21.23 (b)and

21.23 (e) of 49 CFR Part 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances.
b. Applicability

1. Programs and Activities. If the sponsor has received a grant (or other Federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities.

2. Facilities. Where it receives a grant or other Federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith.

3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration
The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods:

1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or

2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language
3-06-0144-033-2022
22 It will include the following notification in all solicitations for bids, Requests for Proposals for work, or material under this Grant and in all proposals for agreements, including airport concessions, regardless of funding source:
“The City of Madera, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
e. Required Contract Provisions.

1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT Acts and regulations.

2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations.

3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor.

4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties:

A. For the subsequent transfer of real property acquired or improved under the applicable activity, grant, or program; and
B. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, grant, or program.

C. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, subgrantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance.

D. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.

21. Foreign Market Restrictions.

It will not allow funds provided under this Grant to be used to fund any activity that uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 3-06-0144-033-2022
23 22. Policies, Standards and Specifications.

It will carry out any project funded under an Airport Rescue Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars for AIP projects, as of June 25, 2021.

23. Access By Intercity Buses.

The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation.

24. Disadvantaged Business Enterprises.

The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 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 1936 (31 U.S.C. 3801).

25. Acquisition Thresholds.

The FAA deems equipment to mean tangible personal property having a useful life greater than one year and a per-unit acquisition cost equal to or greater than $5,000. Procurements by micropurchase means the acquisition of goods or services for which the aggregate dollar amount does not exceed $10,000, unless authorized in accordance with 2 CFR § 200.320. Procurement by small purchase procedures means those relatively simple and informal procurement methods for securing goods or services that do not exceed the $250,000 threshold for simplified acquisitions. 3-06-0144-033-2022
24 Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
View the most current Series 150 Advisory Circulars (ACs) for Airport Projects at http://www.faa.gov/airports/resources/advisory_circulars and http://www.faa.gov/regulations_policies/advisory_circulars

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: January 19, 2022
_________________________________ Agenda Number: ___________ Keith Helmuth, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Amendment to the Application for Transportation Development Act (TDA) – Local Transportation Funds (LTF) and State Transit Assistance (STA) Funds for Fiscal Year (FY) 2021/22 RECOMMENDATION:

Adopt a Resolution Approving the Amendment to the Applications for TDA – LTF and STA Funds for FY 2021/22 and Authorizing the City Engineer to execute and submit the Applications to the Madera County Transportation Commission (MCTC)
SUMMARY:

Annually, the local agencies are required to submit applications for LTF and STA funds for approval by the MCTC. The applications outline the intended use of available funds. On June 2, 2021, the City Council (Council) approved LTF and STA applications for the projected available funds for FY 2021/22.

Upon the adoption of the state budget, the City’s STA application must be amended to reflect any changes. This Fiscal Year an amended application must be filed to show an increase in STA funds and to reflect carryover balances of unexpended funds from FY 2020/21.

DISCUSSION:

At the June 2, 2021, meeting, Council approved the FY 2021/22 LTF & STA Applications for the FY 2021/22 funding allocated by MCTC. LTF funds must be used for transportation related services such as transit services, street construction, program planning, and administration. Projects in the Capital Improvement Plan (CIP) for the City have been created and approved by Council for the use of these funds. STA funds must be used for transit related programs only. Therefore, the funds are programmed for operations of the Madera Metro Transit System. ~~ B-8
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On September 22, 2021, the MCTC approved Resolution 21-08 which increased the STA funds available for FY 2021/22. This increase potentially relieves an equivalent amount from LTF funds for use on other eligible expenses, such as street projects.

The amendment to the LTF application is prepared and submitted to MCTC annually after the prior year’s final expenses and claims have been processed, and the excess prior year funds and carryover balances have been confirmed by MCTC. The carryover amounts for this year are shown below in Table 1. The carryover amounts are included in the current CIP.

A summary of all changes is summarized in the table below.

FINANCIAL IMPACT:

For this cycle and near term, the next several cycles, there are no identified impacts to the General Fund.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Managed Growth: Strategy 101.6 – Ensure infrastructure can sustain population growth in the development of the General Plan.

Multi-modal Transportation: Strategy 121 – Develop a City-wide multi-modal transportation plan to ensure safe, affordable, and convenient transportation modes for residents and businesses within Madera.

ALTERNATIVES:

Council may provide staff direction on how to amend the TDA application or may refer the item back to staff for additional information.

ATTACHMENTS:

1. Resolution
Exhibit A – Applications

Table 1: Changes to LTF & STA Applications for FY 2021/22 Application Item
Original
Application
Amount
Carryover New FY 21/22
Allocation
Amended
Application
Amount
LTF $1,902,849 3,538,269.48 $5,441,118.48
STA $464,103 $106,853 $570,956
Total Application $2,366,952 $6,012,074.48
Attachment 1
Resolution
RESOLUTION NO. 22-_______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING AMENDMENTS TO THE APPLICATIONS FOR TRANSPORTATION DEVELOPMENT ACT (TDA) – LOCAL TRANSPORTATION

FUNDS (LTF) AND STATE TRANSIT ASSISTANCE (STA) FUNDS FOR FISCAL YEAR (FY) 2021/22 AND AUTHORIZING THE CITY ENGINEER TO EXECUTE

AND SUBMIT THE APPLICATIONS TO MADERA COUNTY

TRANSPORTATION COMMISSION (MCTC)

WHEREAS, the TDA - LTF and STA funds are annually allocated by MCTC pursuant to the TDA; and
WHEREAS, the City of Madera prepares the applications outlining the intended uses for the LTF and STA funds each year and the applications may be amended as needed; and WHEREAS, The Madera County Transportation has increased the City allocation of State Transportation Assistance Funds by $106,853; and
WHEREAS, the unexpended balance of LTF funds in FY 2020/2021 must be added to the FY 2021/22 amended application for proper accounting purposes; and WHEREAS, the LTF and STA fund amended applications for FY 2021/22 that describe the intended uses of these funds have been submitted to Council for review and approval.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:

1. The above recitals are true and correct.

2. The City Council of the City of Madera approves the Amended Applications for FY 2021/22, copies of which are attached hereto as Exhibit A and incorporated by reference.

3. The applications are hereby approved.

4. The City Engineer is authorized to execute the amended applications and submit to MCTC.

5. This resolution is effective immediately upon adoption. * * * * * * * *
Exhibit A
Applications
Agency: Date: 12/21/2022
Fiscal Year: 2021/22
Amending:

Type of
Amendment:

Project Approved Allocation New Proposed Allocation Difference 1 Madera Metro, Intermodal $683,856.00 $683,856.00 $0.00 2 Pedestrian & Bicycle Projects $38,057.00 $103,913.73 $65,856.73 3 MCTC Planning Services $57,085.00 $57,085.00 $0.00
4 Local Agency Planning (match to
STP Grant, Transit) $100,000.00 $100,000.00 $0.00
5 Street & Road Projects $1,023,851.00 $4,496,263.75 $3,472,412.75 6 $0.00
7 $0.00
8 $0.00
9 $0.00
10 $0.00
Total $1,902,849.00 $5,441,118.48 $3,538,269.48
Notes

Agency Authorizing Signature Date
MCTC Authorizing Signature Date
MCTC Use:

Month Amendment No.

Madera County Transportation Commission
TDA Amendment Request
City of Madera
Amendment reallocates funds carried over from FY 2020-21. This is consisted with FY 21/22 Budget and Capital Improvement Program

LTF STA
Carryover of PY Funds Reassign funds Other
El □
El □ □
Agency: Date: 12/21/2022
Fiscal Year: 2021/22
Amending:

Type of
Amendment:

Project Approved Allocation New Proposed Allocation Difference 1 Madera Metro, Dial-A-Ride,
Intermodal $464,103.00 $570,956.00 $106,853.00
2 $0.00
3 $0.00
4 $0.00
5 $0.00
6 $0.00
7 $0.00
8 $0.00
9 $0.00
10 $0.00
Total $464,103.00 $570,956.00 $106,853.00
Notes

Agency Authorizing Signature Date
MCTC Authorizing Signature Date
MCTC Use:

Month Amendment No.

Madera County Transportation Commission
TDA Amendment Request
City of Madera
New Allocation is per MCTC Resolution 21-08

LTF STA
Carryover of PY Funds Reassign funds Other
□ 0
□ □

REPORT TO CITY COUNCIL
Council Meeting of: January 19, 2022
Agenda Number:

Keith Helmuth, Department Director
Arnoldo Rodriguez, City Manager
SUBJECT:

Traffic Signal at the Intersection of Howard Road and Granada Drive RECOMMENDATION:

Adopt a Minute Order Approving:

1. Acceptance of Traffic Signal at the Intersection of Howard Road and Granada Drive, City Project No. TS-17 (“Project”)

2. The Recording of Notice of Completion

3. The release of retention 35 days after recording of the Notice of Completion SUMMARY:

The City Council (Council), at its May 20, 2020 meeting, awarded a contract to Bush Engineering Inc. for the Project in the amount of $499,775.00. The Contractor has completed the project in accordance with the plans and specifications and as modified by approved Change Orders.

BACKGROUND:

A final project inspection was conducted by the Engineering Department. Public Works Departmentstaff also participated in the final inspection of the project. All parties agree that the project can be recommended for acceptance by the Council and a “Notice of Completion” recorded. The Notice of Completion is provided in Attachment 1. The work in general consisted of Construction of Traffic Signal at the Intersection of Howard Road and Granada Drive. A location map of said improvements is provided in Attachment 2.

While the project was completed within budget, six Change Orders, totaling approximately $49,600, were processed. Table 1 identifies the cost of the project while Change Orders are summarized in Table 2.

B-9
Table 1: Project Summary
Original Contract Amount Total Change Orders Total Construction Contract Cost $499,775.00 $49,626.96 $549,401.96
Table 2: Summary of Change Orders
Change Order Description
Trenching and Slurry Additional work to protect an AT&T line and water and sewer mains crossed by new drain line being installed
Additional Asphalt Paving Paved area repaired alteration due to additional work for new drain line
Traffic Control for
Unforeseen Conditions
Cost for maintaining traffic control for northwest corner while solution was developed due to unforeseen
conditions between October 9 through 25, 2021
Three Poles changed Poles change to allow smaller foundations to clear. AT&T lines found in conflict with larger foundations for poles originally specified
Traffic Signal Timing Additional cost incurred due to passing of consultant that provided service at a nominal cost for City Traffic Signals The total cost of the Change Orders increased the cost of the project approximately 10 percent, within the allowable contract contingencies. The construction project was completed within the adjusted contract time and available budget.

FINANCIAL IMPACT:

There is no fiscal impact to the City’s General Fund given that funding for the project was Measure T – RTP/3R Compliance and Traffic Signal Impact Fee funds.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Strategy 101.6: Ensure infrastructure can sustain population growth in the development of the General Plan.

Strategy 121 - Develop a city-wide multi-modal transportation plan to ensure safe, affordable and convenient transportation modes for residents and businesses within Madera.

ALTERNATIVES:

As an alternative, the Council may elect to reject the Notice of Completion of the Project.

Rejection of the Notice of Completion will result in staff’s inability to release retention funds and closing the Project.

ATTACHMENTS:

1. Notice of Completion

2. Location Map

3. Project Photo
ATTACHMENT 1
Notice of Completion

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Recording Requested by:

City of Madera
And When Recorded, Mail to:

City of Madera – City Clerk
205 W. 4th Street
Madera, CA 93637
_________________________________________ Space above this line for Recorder’s Use ______________________________________ Fee Waived per Section 27383 & 27388.1(a)(2)(D) of the Government Code – No Document Tax Due $ -0-

NOTICE OF COMPLETION
_____________________________________________________________________________________________________________________ NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is City of Madera.

3. The full address of the undersigned is 205 W. 4th Street, Madera, CA 93637.

4. The nature of the title of the undersigned is: In fee ____________________________________________ (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”.)

5. The full name and full addresses of all persons, if any, who hold title with the undersigned as joint tenant or as tenants in common are:

Name Address
______________________________________ ___________________________________________

6. A work of improvement on the property hereinafter described was completed on

7. The name of the original contractor, if any, for such work of improvement was:
(If no contractor for work of improvements as a whole, insert “none”.)

8. The full name(s) and address(es) of the transferor(s) of the undersigned is(are):

Name Address
______________________________________ ___________________________________________

9. The property on which said work of improvement was completed is in the City of Madera, County of Madera, State of California, and is described as follows:

10. The street address of said property is
(If no street address has been officially assigned, insert “none”.) (Signature of Owner named in Paragraph 2)
Dated Keith Brent Helmuth, P.E.

City Engineer
________________________________________________

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State of California
County of Madera
Keith Brent Helmuth, being duly sworn says: He is the City Engineer of the City of Madera, the corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that he makes this verification on behalf of said corporation; that he has read said notice and knows the contents thereof, and that the facts herein stated are true. (Signature of Officer)
_______________________________________________________ Keith Brent Helmuth, P.E.

City Engineer
State of California
County of Madera
Subscribed and sworn to (or affirmed) before me on the ___________ day of _____________________, 2021 by Keith Brent Helmuth, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
______________________________________________________ (Seal) Alicia Gonzales
City Clerk
The notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy or validity of that document.

ATTACHMENT 2
Location Map

ATTACHMENT 3
Project Photo
Figure 1 – Traffic Signal at the Intersection of Howard Road and Granada Drive

REPORT TO CITY COUNCIL
Council Meeting of: January 19, 2022
Agenda Number: B-10
Keith Helmuth, Department Director
Arnoldo Rodriguez, City Manager
SUBJECT:

Traffic Signal at the Intersection of Howard Road and Westberry Boulevard RECOMMENDATION:

Adopt a Minute Order Approving:

1. Acceptance of Traffic Signal at the Intersection of Howard Road and Westberry Boulevard, City Project No. TS-19 (“Project”)

2. The Recording of Notice of Completion

3. The release of retention 35 days after recording of the Notice of Completion SUMMARY:

The City Council (Council), at its May 20, 2020 meeting, awarded a contract to Avison Construction, Inc. for the installation of a new traffic signal in the amount of $503,385. The Contractor has completed the project in accordance with the plans and specifications and as modified by approved Change Orders.

BACKGROUND:

A final project inspection was conducted by the Engineering Department. Public Works Department staff also participated in the final inspection of the project. All parties agree that the Project can be recommended for acceptance by the Council and a “Notice of Completion” recorded. The Notice of Completion is provided in Attachment 1. The work in general consisted of a Traffic Signal at the Intersection of Howard Road and Westberry Boulevard. A map of said improvements is provided in Attachment 2.

It is noted that two Change Orders, totaling approximately $26,000 were processed. They consisted of additional asphalt concrete improvements to match existing conditions and controller programing for the traffic signal.

The final progress payment, less the retention amount of five percent, has been processed. Table 1 provides a summary of contract costs.

Table 1: Project Summary
Original Contract Amount Total Change Orders Total Construction Contract Cost $503,385.00 $25,948.33 $529,333.33
The total cost of the Change Orders increased the cost of the project approximately 5 percent, wherein a contingency of up to 10 percent of the original contract amount was included. The construction project was completed within the adjusted contract time and available budget.

FINANCIAL IMPACT:

There is no fiscal impact to the City’s General Fund given that funding for the project was from Congestion Mitigation and Air Quality Improvement (CMAQ), Local Transportation Funds (LTF), Development Impact Fee Funds (DIF) and Measure T – RTP/3R.