Resolution Authorizing the City Manager to Execute the Program Supplement Agreement No. 010-N to Administering Agency – State Agreement No. 10-526R for the Purchase of One (1) New Tier-4 Title 23 Backhoe, Project No. CML-5256 (013) and Authorizing the City Manger to Act on Behalf of the City.

Meeting Date: September 17, 2013

Agenda Item #6. Resolution Authorizing the City Manager to Execute the Program Supplement Agreement No. 010-N to Administering Agency – State Agreement No. 10-526R for the Purchase of One (1) New Tier-4 Title 23 Backhoe, Project No. CML-5256 (013) and Authorizing the City Manger to Act on Behalf of the City.

STAFF REPORT

AGENDA ITEM: Resolution Authorizing the City Manager to Execute the Program Supplement Agreement No. 010-N to Administering Agency-State Agreement No. 10-526R for the Purchase of One (1) New Tier-4 Title 23 Backhoe, Project No. CML-5256 (013) and Authorizing the City Manager to Act on Behalf of the City of Livingston.

MEETING DATE: September 17, 2013

PREPARED BY: Nanda K. Gottiparthy, City Engineer

REVIEWED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

City Council adopt a Resolution Authorizing the City Manager to Execute the Program Supplement Agreement No. 010-N to Administering Agency-State Agreement No. l 0-526R for the Purchase of One ( l ) New Tier-4 Title 23 Backhoe, Project No. CML-5256 (013) and Authorizing the City Manager to Act on Behalf of the City of Livingston.

BACKGROUND:

In October 2011, the City applied for funds to purchase a new Tier-4 powered backhoe under the Federal Program for Congestion Mitigation and Air Quality (CMAQ).

In February 2012, the Merced County Association of Governments (MCAG) approved Administrative Modification No. 16 to the 201 l Federal State Transportation Improvement Program (FSTIP) to reprogram the application for funding from fiscal year 201 1/201 2 to fiscal year 2012/2013. This modification was necessary due to the length of time required for approval by the Federal Highway Administration (FHWA) of partial waivers to the "Buy America" requirements for the purchase of heavy-duty construction vehicles. On June 17, 2013, FHWA granted the partial waiver, and on July 16, 2013, the authorization to proceed with soliciting bids for the backhoe equipment was issued by Caltrans.

DISCUSSION:

The Title 23 grant funds are intended to help local agencies improve air quality through the reduction of diesel particulate and NOx emissions generated by older construction equipment. The CMAQ funds will be used to acquire low-emissions, high-performance Tier 4 Backhoe to replace the City’s 1991 Ford Backhoe. Upon acquisition, the City will retire this older vehicle from the City’s fleet and the engine will be rendered useless and sold as scrap metal.

In order to proceed with the bidding for the purchase of the backhoe, Caltrans requires the City to adopt a resolution authorizing the City Manager to Execute the Program Supplement Agreement No. 010-N to Administering Agency-State Agreement No. 10-526R.

FISCAL IMPACT:

Federal grant funding will pay for 88.57% of the purchase cost, up to a maximum of $ l l 0,662, and the City will contribute l l .43% of the purchase cost to satisfy the local match requirements of the grant funding. A total of $14,400 is proposed to be allocated from the City’s gas fund account 1200-105-7592 in the proposed 2013-2014 budget for this local match. Total available funding for the purchase including the CMAQ grants funds and local match is $125,000.

There is no impact to the General Fund.

ATTACHMENTS:

I. Resolution No.2013-

2. Program Supplement No. N-010

RESOLUTION NO. 2013-

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROGRAM SUPPLEMENT AGREEMENT NO. 010-N TO ADMINISTERING AGENCY-STATE AGREEMENT N0. 10-526R FOR THE PURCHASE OF ONE

(1)NEW TIER-4 TITLE 23 BACKHOE, PROJECT NO. CML-5256 (013), AND AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE

CITY OF LIVINGSTON

WHEREAS, in October 2011, the City applied for grant funding under the Federal Program for Congestion Mitigation and Air Quality (CMAQ) to purchase one (I ) new Tier-4 compliant Backhoe to replace its 1991 Ford Backhoe; and

WHEREAS, in February 2012, the Merced County Association of Governments (MCAG) approved Administrative Modification No. 16 to the 2011 Federal State Transportation Improvement Program (FSTIP) to reprogram the application for funding from fiscal year 2011/2012 to fiscal year 2012/2013 in order to provide sufficient time for the Federal Highway Administration (FHWA) to review and approve the City’s request for a partial waiver from the "Buy America" requirements of the Federal grant program; and

WHEREAS, on June 17, 2013, the Federal Highway Administration granted the partial waiver request, and on July 16, 2013, Caltrans issued an Authorization to Proceed for bidding for the purchase of a new Tier-4 compliant Backhoe; and

WHEREAS, Caltrans requires the City to adopt a resolution authorizing the City Manager to Execute the Program Supplement Agreement No. 010-N to Administering Agency-State Agreement No. I 0-526R before the City can proceed with the bidding for the new Tier-4 compliant Backhoe

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute the Program Supplement Agreement No. 010-N to Administering Agency­ State Agreement No. I 0-526R for the purchase of one (I ) new Tier-4 Title 23 Backhoe, Project No. CML-5256(013), and authorizes the City Manager to act on behalf of the City of Livingston.

Passed and adopted this 17th day of September, 2013, by the following vote:

AYES:

NOES:

ABSENT:

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Rodrigo Espinoza, Mayor of the City of Livingston

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston on this 17th day of September 2013.

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Betty Cota, Deputy City Clerk of the City of Livingston

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