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Home My WebLink About20A - AA AND AMENDMENT TO FY 2019-20 CAP IMPROVEMENT PROGRAMREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 18, 2020 TITLE: APPROVE AN APPROPRIATION ADJUSTMENT AND AMENDMENT TO THE FISCAL YEAR 2019-20 CAPITAL IMPROVEMENT PROGRAM TO ACCOUNT FOR $94,010 IN NEWLY - AWARDED GRANT FUNDS; APPROVE AN AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR $1,442,205 FOR THE WARNER AVENUE PROTECTED BIKE LANES PROJECT (NON -GENERAL FUND) /s/Kristine Rid, CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2i1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $94,010 in Congestion Mitigation and Air Quality (CMAQ) funds into the Select Street Construction revenue account and appropriating $94,010 into the Select Street Construction expenditure account for FY 2019-20 capital operating expenses. 2. Approve an amendment to the Fiscal Year 2019-20 Capital Improvement Program to include CMAQ grant funds in the amount of $94,010 for the inclusion of the Warner Avenue Protected Bike Lanes project. 3. Authorize the City Manager to execute a cooperative agreement (C-9-1837) with the Orange County Transportation Authority (OCTA) in the amount of $1,442,205, for a term through December 21, 2024, or until final Project acceptance, subject to non -substantive changes approved by the City Manager and City Attorney, to provide Congestion Mitigation and Air Quality (CMAQ) funding for the Warner Avenue Protected Bike Lanes project. DISCUSSION On December 4, 2018, the City Council authorized staff to submit applications to the Orange County Transportation Authority (OCTA) for the Bicycle Corridor Improvement Program (BCIP). On August 13, 2019, the City received an award letter from OCTA approving $1,116,126 in Congestion Mitigation and Air Quality (CMAQ) program funds (Exhibit 1). This grant requires the City to enter into a cooperative agreement to define the roles and responsibilities between the City and OCTA (Exhibit 2). 20A-1 Appropriation Adjustment & Amendment to Fiscal Year 2019-20 CIP: Warner Avenue Protected Bike Lanes Project February 18, 2020 Page 2 The City will recognize $94,010 in CMAQ funds for the Fiscal Year 2019-20 engineering phase. During the Fiscal Year 2020-21 Capital Improvement Program (CIP) cycle, the City will allocate $12,820 local match funds for the engineering phase, and for the construction phase, will allocate $1,022,116 in CMAQ funds and $313,259 local match funds. Recommended Action No. 2 will amend the FY 2019-20 CIP to include the $94,010 grant fund allocation (Exhibit 3). The table below provides a breakdown of the total funding for the project in the amount of $1,442,205. PROJECT PHASE CMAQ LOCAL MATCH FISCAL FUNDS FUNDS YEAR Engineering $94,010 N/A 19/20 Warner Avenue Engineering N/A $12,820 20/21 Protected Bike Lanes Construction $1,022,116 $313,259 20/21 TOTAL: $1,116,126 $326,079 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and Maintain a Community Investment Plan for All City Assets), Strategy G (develop and Implement the City's Capital Improvement Program in Coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Approval of the requested Appropriation Adjustment will recognize $94,010 in CMAQ funds into the Select Street Construction Fund revenue account (No. 05917002-52001) and appropriate $94,010 into the Select Street Construction, Improvements Other Than Building expenditure account (No. 05917660-66220). Appropriated funds will be expended in FY 2019-20 as follows: Fiscal Year Accounting Unit -Account # Fund Description Accounting Unit, Account Description Amount Select Street FY 2019-20 05917660-66220 Select Street Construction, $94,010 Feb - June Construction Improvements Other Than Building Total: $94,010 20A-2 Appropriation Adjustment & Amendment to Fiscal Year 2019-20 CIP: Warner Avenue Protected Bike Lanes Project February 18, 2020 Page 3 APPROVED AS TO FUNDS AND ACCOUNTS: Nabil Saba, PE Kathryn Downs, CPA Acting Executive Director Executive Director Public Works Agency Finance and Management Services Agency NS/EWG/JG/KN/HG/DR Exhibits: 1. OCTA Award Letter 2. Cooperative Agreement 3. Amended FY 2019-20 CIP Worksheet 20A-3 EXHIBIT 1 M OCTA BOARD OF DIRECTORS August 13, 2019 Tim Shaw Chairman Steve Jones Mr. Fuad Sweiss Vice Chairman Director of Public Works UsaA. Bartlett City of Santa Ana Director 20 Civic Center Plaza Doug Chaffee Santa Ana, CA 92701 Director Laurie DaviesRE: Bicycle Corridor Improvement Program 2019 Call for Projects Directoror Barbara Delgleize Director Dear Mr. Sweiss: - Andrew Do Director On June 10, 2019, the Orange County Transportation Authority (OCTA) Board of Michael Hennessey Directors (Board) approved the Bicycle Corridor Improvement Program (BCIP) Director 2019 Program of Projects. The City of Santa Ana's Warner Avenue Protected Gene Hernandez Bike Lanes Project (Project) was approved for $1,116,126 in Congestion Director Mitigation and Air Quality (CMAQ) program funds. Jose F. Moreno Director The project is subject to the California Department of Transportation's (Caltrans) Joe Muller Director eligibility review and approval. The City of Santa Ana must follow all requirements outlined in the BCIP Guidelines and Procedures, Caltrans, and Federal Highway Mark A. Murphy Director Administration (FHWA) requirements, including but not limited to: Richard Murphy Director Execution of the cooperative agreement between OCTA and the Miguel Pulido City of Santa Ana. Director The project must be programmed in the Federal Transportation Mlchelte Steel Improvement Program. In order to maximize flexibility, OCTA may Director program the funds in a later year than approved and utilize expedited Donald P. Wagner project selection procedures to allow the project to request obligation in Director the year approved by the Board. Gregory T. Winferboftam Director Environmental documentation must be submitted to Caltrans for approval by November 1 of the programmed fiscal year or risk losing funding. Ryan Chamberlain Ex-Officio Member Documentation must include specific air quality benefits and measurements. Obtain National Environmental Policy Act and California Environmental CHIEF EXECUTIVE OFFICE Quality Act approval (prior to February 1 of the programmed year). Darrell • The Federal Authorization to Proceed (E-76) request must be submitted Chief Executive Officer cEe Officer to Caltrans, District 12, and copied to OCTA by February 1 of the year the CMAQ funds are programmed. The project cannot be advertised for construction until the project phase has received approval of the E-76 from FHWA. O!•dQ'2COun .sportation Authority 550 South Main Street / P.O. Box 14184 /Orange / California 92863-1584 / (714) 56'0-OCTA (6282) Mr. Sweiss August 13, 2019 Page 2 The City of Santa Ana must enter into a program supplement agreement with Caltrans for invoicing, reimbursement, and reporting for timely use of funds of the project. The administering agency must submit semi-annual progress reports to OCTA by the 30th day of March and September, on an ongoing basis, until the project is completed. If you have any questions, please contact Louis Zhao, Section Manager, Discretionary Funding Programs, at (714) 560-5494 or via email at Izhao@octa.net. Sincerely, Kurt Brotcke Director, Strategic Planning KB:da c: Zed Kekula, City of Santa Ana Adriann Cardoso, OCTA Louis Zhao, OCTA Denise Arriaga, OCTA 20A-5 EXHIBIT 2 M OCTA AFFILIATED AGENCIES Orange County Transit District Loral Transportation Authority Service Authority for Freeway Emergencies Consolidated Transportation Service Agency Congestion Management Agency January 21, 2020 Mr. Faud Sweiss City if Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 SUBJECT: AGREEMENT NO. C-9-1837 Dear Mr. Sweiss: Enclosed are two (2) original documents for Agreement No. C-9-1837 for your review and signature. Please execute the documents in blue ink where indicated and return to Luis Martinez by Tuesday, January 8, 2020. The first page of the documents will be completed by the Authority upon final execution. Should you have any questions, please call Mr. Martinez at (714) 560-5787. Sincerely, Cathy Foreman Office Specialist Contracts Administration and Materials Management Enclosures 2Ap Transportation Authority 550 South Main Street/ P.O. Box 1418410range /California 92863-1584 /(714) 560-OCTA (6262) 1 z 3 4 s G 7 s 9 10 11 12 13 14 15 1G 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-9-1837 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR THE BICYCLE CORRIDOR IMPROVEMENT PROGRAM PROJECT WARNER AVENUE PROTECTED BIKE LANES THIS COOPERATIVE AGREEMENT is effective this day of 20 ("Effective Date"), by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"), and the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702, a municipal corporation duly organized and existing under the constitution and laws of the State of California (hereinafter referred to as "CITY"), each individually known as `PARTY" and collectively known as "PARTIES". RECITALS: WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define the roles and responsibilities related to funding between AUTHORITY and CITY for Final Design and Construction for Warner Avenue Protected Bike Lanes Project as defined in the scope of work provided in the 2019 Bicycle Corridor Improvement Program (BLIP) Call for Projects (Call), herein incorporated by reference; (hereinafter referred to as "PROJECT"); and WHEREAS, the Bicycle Corridor Improvement Program is funded with Congestion Mitigation and Air Quality Improvement Program (hereinafter referred to as "CMAQ") funds; and WHEREAS, the CMAQ program is authorized under Fixing America's Surface Transportation (FAST) Federal Transportation Act, which may be extended through continuing resolutions or may be Page 1 of 12 L:1Camm1CLERICALIWORDPROCIAGREEWG91837.d0 2 oA-7 COOPERATIVE AGREEMENT NO. C-9-1837 i authorized through a new federal transportation act; and 2 WHEREAS, CITY is an eligible recipient of federal funding under the CMAQ program, and 3 PROJECT is eligible for CMAQ funding contingent on California Department of Transportation A ("Caltrans") and the Federal Highway Administration ("FHWA") approval; and s WHEREAS, on June 10, 2019, AUTHORITY's Board of Directors ("Board"), approved G providing funding of up to Ninety -Four Thousand ,Ten Dollars ($94,010) in CMAQ funds to be matched 7 with Twelve Thousand, Eight Hundred Twenty Dollars ($12,820) in CITY funds for the Final Design 8 phase and One Million, Twenty -Two Thousand, One Hundred Sixteen Dollars ($1,022,116) in CMAQ 9 funds to be matched with Three Hundred Thirteen Thousand, Two Hundred Fifty -Nine Dollars 10 ($313,259) in CITY funds for Construction phase for a total of One Million, One Hundred Sixteen ll Thousand, One Hundred Twenty -Six Dollars ($1,116,126) in CMAQ funds to be matched with Three 12 Hundred Twenty -Six Thousand, Seventy -Nine Dollars ($326,079) in CITY funds for Final Design and 13 Construction phases; and 14 WHEREAS, CITY and AUTHORITY agree that the total funding for PROJECT including Final 15 Design, Construction Management and Construction shall be One Million, Four Hundred Forty -Two 16 Thousand, Two Hundred Five Dollars ($1,442,205) or amount in accordance with Exhibit A, entitled 17 "Bicycle Corridor Improvement Program Funding Plan", which is attached herein and incorporated by 18 reference; and 19 WHEREAS, AUTHORITY and CITY agree that CMAQ funding for PROJECT is contingent 20 upon funding being available through the FAST Act, a continuing resolution or a new federal 21 transportation act, and PROJECT maintaining its eligibility for this funding; and 22 WHEREAS, AUTHORITY and CITY agree that Caltrans and FHWA authorization is required 23 following AUTHORITY's amendment to the Federal Transportation Improvement Program (hereinafter 24 referred to as "FTIP"), and in order to proceed or commence each phase of PROJECT for performance 25 under this Cooperative Agreement; and 26 Page 2 of 12 L:\Camm1CLERICALIWORDPROCIAGREE1AG91837.doc2OA-8 COOPERATIVE AGREEMENT NO. C-9-1837 1 2 3 4 s 6 7 8 9 10 n 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, AUTHORITY is responsible for programming the funds to specific projects within Orange County; and Caltrans administers the CMAQ program on behalf of the FHWA and is responsible for acquiring federal approvals for PROJECT on behalf of CITY, determining federal eligibility, compliance with federal requirements, and reimbursement for PROJECT activities; and WHEREAS, CITY agrees to act as lead agency for preliminary engineering, right-of-way, construction and construction management of PROJECT; and WHEREAS, this Cooperative Agreement defines the specific terms and conditions and funding responsibilities between the PARTIES for completion of PROJECT; and WHEREAS, on June 10, 2019, AUTHORITY's Board approved this Cooperative Agreement, and WHEREAS, CITY's City Council approved this Cooperative Agreement on day of r� NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows: ARTICLE 1. COMPLETE AGREEMENT A. This Cooperative Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this Cooperative Agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Cooperative Agreement shall not affect the validity of other term(s) or condition(s) of this Cooperative Agreement. The above referenced Recitals are true and correct and are incorporated by reference herein. B. AUTHORITY's failure to insist on any instance(s) of CITY's performance of any term(s) or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of Page 3 of 12 L\Camm\CLERICAL\WORDPROCWGREE\AG91837.doc2OA—e COOPERATIVE AGREEMENT NO. C-9-1837 i this Cooperative Agreement shall not be binding upon AUTHORITY except when specifically 2 confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment 3 to this Cooperative Agreement and issued in accordance with the provisions of this Cooperative 4 Agreement. s C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) r, or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of 7 CITY's right to such performance or to future performance of such term(s) or condition(s), and s AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any 9 portion of this Cooperative Agreement shall not be binding upon CITY except when specifically 10 confirmed in writing by an authorized representative of CITY by way of a written amendment to this 11 Cooperative Agreement and issued in accordance with the provisions of this Cooperative Agreement. 12 ARTICLE 2. SCOPE OF AGREEMENT 13 This Cooperative Agreement specifies the terms and conditions, roles and responsibilities of 14 PARTIES as they pertain to the subjects and PROJECT addressed herein. PARTIES agree that each 15 will cooperate and coordinate with the other in all activities covered by this Cooperative Agreement 16 and any other supplemental agreements that may be required to facilitate purposes thereof. 17 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY 18 AUTHORITY agrees to the following responsibilities for PROJECT: 19 A. AUTHORITY shall formally request on behalf of CITY that the Southern California 20 Association of Governments ("SCAG") amend the FTIP to program funds.in accordance with the 21 funding plan outlined in Exhibit A, as well as any required FTIP amendments, whereby AUTHORITY's 22 performance under this Cooperative Agreement is contingent upon SCAG, Caltrans and FHWA 23 approval. 24 B. AUTHORITY shall provide assistance to CITY in securing the CMAQ funds. 25 C. AUTHORITY shall not be authorized to program any amount beyond what has been 26 identified in this Cooperative Agreement as CMAQ and what is ultimately approved for PROJECT in Page 4 of 12 LACam m\CLERICALIWORDP ROCIAGREEAG91837.do A -A 0 COOPERATIVE AGREEMENT NO. C-9-1837 1 z 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CMAQ by Caltrans and FHWA. D. AUTHORITY shall review and approve CITY's request for obligation of CMAQ funds prior to submittal to Caltrans District 12. E. AUTHORITY shall cancel PROJECT if CITY has not submitted request for authorization to proceed (hereinafter referred to as "E-76 Request") by February 1 of the year the funds are programmed. F. AUTHORITY reserves the right to change the fund source programmed to the PROJECT. G. AUTHORITY shall work with the CITY to process an amendment to the Master Plan of Arterial Highways (MPAH) for the PROJECT, a condition upon receipt of funding, if applicable. H. AUTHORITY shall cancel the PROJECT if the amendment to the MPAH has not been requested and processed by the fiscal year in which the funds are programmed, if applicable. ARTICLE 4. RESPONSIBILITIES OF CITY CITY agrees to the following responsibilities for PROJECT: A. CITY possesses the legal authority to deliver this project and to finance, acquire, and construct the proposed project; and by formal action (e.g. resolution) the Implementing Agency's governing body authorizes the implementation of the bicycle project, including all understanding and assurances contained therein, and authorizes the person identified as the official representative of the Implementing agency to act in connection with PROJECT and to provide such additional information as may be required. B. CITY shall act as the lead agency for the preliminary engineering, right-of-way, construction and construction management of PROJECT. C. CITY shall comply with all local, State, and Federal project delivery requirements including, but not limited to, Disadvantaged Business Enterprise, American with Disabilities Act, and Buy America provisions. D. CITY shall submit National Environmental Policy Act (NEPA) and the California Page 5 of 12 L:1Camm1CLERICALWORDP ROCIAGREE1AG91837.d20 w _1 1 COOPERATIVE AGREEMENT NO. C-9-1837 i Environmental Quality Act (CEQA) environmental documentation to Caltrans for approval by 2 November 1 of the prior year of the programmed funds as provided in the Project schedule in 3 Exhibit A. a E. CITY is responsible for preparing and submitting to AUTHORITY an Engineer's s Estimate of PROJECT cost ninety (90) days prior to E-76 Request, and no later than November 1 of 6 the prior fiscal year of the programmed funding year identified in Exhibit A. 7 F. CITY is responsible for preparing and submitting all necessary Caltrans-required s documentation, including E-76 Request. 9 G. CITY agrees to submit an E-76 Request to Caltrans District 12 by February 1 of the 10 year the funds are programmed, consistent with the fiscal year identified in Exhibit A. 11 H. CITY acknowledges that if the complete E-76 Request for CMAQ funds, including 12 ready -to -list requirements, is not submitted to Caltrans by February 1 of the year the funds are 13 programmed, or PROJECT is found ineligible by Caltrans and FHWA, the proposed funding shall be 14 cancelled by AUTHORITY. 1.5 I. CITY shall provide the minimum required local match consistent with Exhibit A. is J. CITY will follow applicable procurement procedures outlined in the Caltrans Local 17 Assistance Program Guide 1s K. CITY will not advertise or award a contract before FHWA authorization to proceed. 19 L. CITY shall invoice Caltrans at minimum once every six (6) months. 20 M. CITY agrees that any cost overruns shall be the responsibility of CITY. 21 N. If CITY receives local, state, or federal funds from a non -AUTHORITY source, CITY 22 will not invoice Caltrans for the amount received from the other non -AUTHORITY source(s). 23 O. CITY will notify AUTHORITY regarding any non -AUTHORITY revenues received for 24 the PROJECT and AUTHORITY funds may not pay for expenses already supported through these 25 non -AUTHORITY revenues. 26 P. CITY will notify OCTA if CMAQ funding or projects are used for other than the intended Page 6 of 12 L:1Camm1CLERICALIWORDPROC\AGREE1AG91837.d20 w _1 2 COOPERATIVE AGREEMENT NO. C-9-1837 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 purposes as defined by federal or state guidelines, the implementing agency may be required to remit all state and federal funds back to the OCTA. Q. CITY agrees that AUTHORITY reserves the right to change the fund source programmed to the PROJECT and AUTHORITY would notify CITY of such a change. R. CITY shall submit semi-annual status reports for PROJECT to AUTHORITY due on March 30 for the prior six (6)-month period and due on September 30 for the prior six (6)-month period (Exhibit B. entitled "Semi -Annual Report Form"). S. CITY shall submit a final report and requested supporting documentation to AUTHORITY within six (6) months of Caltrans payment of final progress invoice for PROJECT in accordance with Exhibit C, entitled "Final Project Report Form." T. CITY is responsible for completing PROJECT in accordance with the funding plan (Exhibit A), and to abide by all CMAQ programming guidelines, and any and all other Federal, and State (Caltrans) requirements. U. CITY shall work with the AUTHORITY to request an Amendment to the MPAH if applicable. V. CITY shall maintain and operate the property acquired, developed, rehabilitated, or restored for the life of the resultant facility(ies) or activity. With approval of AUTHORITY, Caltrans, the Implementing Agency or its successors in interest in the property may transfer responsibility to maintain and operate the property. ARTICLE 5. DELEGATED AUTHORITY The actions required to be taken by CITY in the implementation of this Cooperative Agreement are delegated to its Director of Public Works, or designee, and the actions required to be taken by AUTHORITY in the implementation of this Cooperative Agreement are delegated to AUTHORITY's Chief Executive Officer, or designee. r Page 7 of 12 L:\Camm\CLERICAL\WORDPROC\AGREELAG91837.d2O w _1 3 COOPERATIVE AGREEMENT NO. C-9-1837 1 2 3 4 5 G s 9 to v 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ARTICLE 6. AUDIT AND INSPECTION AUTHORITY and CITY shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of CITY for a period of four (4) years after final payment, or until any on -going audit is completed. For the purposes of audit, the date of completion of this Cooperative Agreement shall be the date of Caltrans' payment of CITY's final billing (so noted on the invoice) under this Cooperative Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in construction contracts with CITY's contractor(s). ARTICLE 7. INDEMNIFICATION A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees and agents from and against any and all claims (including attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be caused by the negligent acts, omissions or willful misconduct by CITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Cooperative Agreement. B. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors, employees and agents from and against any and all claims (including attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be caused by the negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Cooperative Agreement. C. The indemnification and defense obligations of this Cooperative Agreement shall survive its expiration or termination. Page 8 of 12 L:ICamm1CLERICALIWORDPROCIAGREEWG91837.d20A-1 w COOPERATIVE AGREEMENT NO. C-9-1837 1 2 3 4 s 6 7 a t0 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 ARTICLE 8. ADDITIONAL PROVISIONS AUTHORITY and CITY agree to the following mutual responsibilities: A. Term of Agreement: This Cooperative Agreement shall continue in full force and effect through December 31, 2024 or until final acceptance by AUTHORITY, whichever is later. This Cooperative Agreement may only be extended upon mutual consent of PARTIES. B. Termination: This Cooperative Agreement is null and void if PROJECT is not funded. AUTHORITY shall cancel projects for which CITY has not submitted an E-76 Request by February 1 of the fiscal year for which funds are programmed and/or has not advanced PROJECT to ready stage as determined by AUTHORITY. This Cooperative Agreement may be terminated by either PARTY after giving thirty (30) days written notice to the other PARTY. C. This Cooperative Agreement may be amended in writing at any time by the mutual consent of PARTIES. No amendment shall have any force or effect unless executed in writing by PARTIES D. AUTHORITY and CITY shall comply with all applicable federal, state, and local laws, statues, ordinances and regulations of any governmental authority having jurisdiction over PROJECT. E. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to execute this Cooperative Agreement on behalf of said PARTIES and that, by so executing this Cooperative Agreement, the PARTIES hereto are formally bound to the provisions of this Cooperative Agreement. F. Severability: If any term, provision, covenant or condition of this Cooperative Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Cooperative Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Cooperative Agreement shall be valid and enforceable to the fullest extent permitted by law. G. Counterparts of Agreement: This Cooperative Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed Page 9 of 12 L%Camm\CLERI CALwORDPROCAGRE EAG91837.dGc% /► —A COOPERATIVE AGREEMENT NO. C-9-1837 i an original and all of which together shall constitute the same agreement. Facsimile signatures will 2 be permitted. 3 H. Force Me eure: Either AUTHORITY or CITY shall be excused from performing its a obligations under this Cooperative Agreement during the time and to the extent that it is prevented from 5 performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of 6 fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or 7 local government; national fuel shortage; or a material act or omission by the other PARTY; when 8 satisfactory evidence of such cause is presented to the other PARTY, and provided further that such 9 nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the 10 AUTHORITY or CITY not performing. 11 I. Assignment: Neither this Cooperative Agreement, nor any of the AUTHORITY and CITY 12 rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either 13 AUTHORITY or CITY without the prior written consent of the other PARTY in its sole and absolute la discretion. Any such attempt of assignmentshall be deemed void and of no force and effect. Consent 15 to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any 16 right to consent to such subsequent assignment. 17 J. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to is authorize or require any PARTY to issue bonds, notes or other evidences of indebtedness under the 19 terms, in amounts, or for purposes other than as authorized by local, state or federal law. 20 K. Governing Law: The laws of the State of California and applicable local and federal laws, 21 regulations and guidelines shall govern this Cooperative Agreement. 22 L. Litigation fees: Should litigation arise out of this Cooperative Agreement for the 23 performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing 24 PARTY. 25 i 26 / Page 10 of 12 L:1Camm1CLERICALIWORDPROC\AGREEIAG91837.d20A-1 6 COOPERATIVE AGREEMENT NO. C-9-1837 1 2 3 4 s c 7 s 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 M. Notices: Any notices, requests, or demands made between the PARTIES pursuant to this Cooperative Agreement are to be directed as follows: To CITY: To AUTHORITY: City of Santa Ana Orange County Transportation Authority 20 Civic Center Plaza 550 South Main Street P.O. Box 1988 P. O. Box 14184 Santa Ana, CA 92702 Orange, CA 92863-1584 Attention: Fuad Sweiss Attention: Luis Martinez Executive Director of Public Works Associate Contract Administrator (714)647-5654 (714)560-5767 Email: sweiss@santa-ana.org Email: Imartinezl@octa.net With a copy that shall not constitute Notice to: With a copy that shall not constitute Notice to: Cc: Zden6k Kekula Cc: Louis Zhao Senior Civil Engineer Section Manager, Discretionary Funding Programs and Denise Arriaga Ibarra Transportation Funding Analyst N. Successors and Assigns: The provisions of this Cooperative Agreement shall bind and inure to the benefit of each of the PARTIES hereto, and all successors or assigns of PARTIES hereto. O. Time is of the Essence: Time is of the essence for the work identified in Exhibit A. All work must be completed no later than forty-two (42) months after the E-76 request approval date. / Page 11 of 12 LaCammICLERICALIWORDPROC\AGREE\AG91837.d2O A —A 7 COOPERATIVE AGREEMENT NO. C-9-1837 This Cooperative Agreement shall be effective upon execution by both PARTIES. IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. C-9-1837 to be executed as of the date of the last signature below. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY Bv: Kristine Ridge City Manager Date: ATTEST: By: Daisy Gomez, MMC City Clerk Dated APPROVED AS TO FORM: By: '()a4 wt, -f.M.-& SVonia R. Carvalho (for) City Attorney Dated: Bv: Darrell E. Johnson Chief Executive Officer Date: APPROVED AS TO FARM: J Dated: Bv: APPROVAL RECOMMENDED: Kia Mortazavi Executive Director, Planning Dated: Page 12 of 12 L\Camm\CLERICAL\WORDPROC\AGREE WG91837.d2OA-1 8 COOPERATIVE AGREEMENT NO. C-9-1837 EXHIBIT A BICYCLE CORRIDOR IMPROVEMENT PROGRAM FUNDING PLAN WARNER AVENUE PROTECTED BIKE LANES Proiect Schedule and Fundina Schedule Completion Date Final Environmental Document Submit E-76 for Preliminary Engineering Begin Design Engineering Plans, Specifications, and Cost Estimates complete Start Right -of -Way Acquisition Right -of -Way Certification Submit E-76 for Construction Award Construction Project Completion (open for use Preliminary Engineering and Construction funding authorized through this agreement: CMAQ: $1,116,126 Local Match (Participating): 152,199 Federally Non -Participating Local Contribution: $ 173,880 Subtotal Total Local Match: $326,079 Total Project Cost: $1,442,205 Preliminary Engineering ($000's) Fund Source Fiscal Year Original Planned Allocation Proportion CMAQ FY 2019-20 _ 1 $94.010 88% City Local FY 2019-20 $12,820 1 12% _ TOTAL $106,830 Right -of -Way $000's Fund Source Fiscal Year Original Planned Allocation Proportion TOTAL Construction ($000's) Fund Source Fiscal Year Original Planned Allocation Proportion CMAQ _ FY 2020-21 $1,022,116 76.5% 88% partici atin City Local Participating FY 2020-21 $139,379 10.5% (12%participating) City Local Non-Partici atin FY 2020-21 $173,880 13.0% Subtotal City Local $313,259 TOTAL $I335,375 _ Project Manager Sig Project Manager Name: 20A-19 COOPERATIVE AGREEMENT NO. C-9-1837 EXHIBIT B SEMI-ANNUAL REPORT Project Title: Agency: Date: Current Schedule: Original Estimated Comnletion Date Cmmnletinn nnf+ Draft Environmental Document Final Environmental Document Start Design / Engineering Complete Design / Engineering Start Rig ht-of-Way Acquisition Right -of -Way Certification Submit Request for Authorization for Construction E-76 Ready to Advertise Award Construction Pro'ect Completion (open for use) Funding Table: Environmental/Preliminary Engineering ($000's) Fund Source Fiscal Year Planned Obli ation Current Estimates Actual Expended Remaining Allocation Final Desiqn ($000's) Fund Source Fiscal Year I Planned Obli ation Current Estimates Actual Ex ended Remaining I Allocation Right -of -Way ($000's) Fund Source Fiscal Year Planned Obli ation Current Estimates Actual Ex ended Remaining Allocation Construction ($000's) Fund Source Fiscal Year Planned Obliciation Revised I Allocation Actual I Ex ended Remaining I Allocation 20A-20 COOPERATIVE AGREEMENT NO. C-9-1837 EXHIBIT B Major Activities: Status: Issues and Resolution: OCTA Authorized Funding History: Date Action/ Brief Description _Title Ex. March XX, 2019 OCTA Board Report 2019 BC1P Funding Recommendations Approved $XXX,XXX in CMAQ and an associated $XXXXX in local match Contact: Name: Title: Phone: Email: Note: The information in this report may be provided to OCTA through the State and Federal Calls for Projects Database if available. Additionally, OCTA may require additional information on performance of the project related to either air quality or transportation usage. 2 20A-21 COOPERATIVE AGREEMENT NO. C-9-1837 EXHIBIT C FINAL PROJECT REPORT FORM OCTA Date Instructions The responsible agency should fill out the following: 1) Final Project Form, 2) Final Cost, 3) Certificate of Completion. Page 4, the OCTA Staff Verification will be filled out by OCTA staff. Location and Scope of Work Verification of Match and Actual Ex enditures «'.. Looal=.Md'tth 1 t 7 �.S Other :. Phase .. (ENTRA' `SQUR E)pURS;E) (ENTER (ENTER BLIP j OCTk Total: (C.MAQ) g Fundin _ Engineering$ - $ $ _ $ $ $ Right -of -Way $ - $ $ - $ _ $ _ $ _ Construction $ - $ $ _ $ $ $ Total 1 $ - I$ Project Schedule Priase : ems' Proposed Actualz' Draft Environmental Document Final Environmental Document Begin Design Engineering Plans, Specifications, and Cost Estimates complete Start Right -of -Way Acquisition Right -of -Way Certification Read to Advertise Award Construction Project Completion (open for use) To air Project Match Rate r 20A-22 COOPERATIVE AGREEMENT NO. C-9-1837 EXHIBIT C mFINAL PROJECT REPORT FORM OCTA 20A-23 COOPERATIVE AGREEMENT NO. C-9-1837 EXHIBIT C FINAL PROJECT REPORT FORM OCTA I hereby certify that the statements provided here are true and correct. Proiect Title Yes No NIA 1 The project is designed to city/county and other participating jurisdictions' standards. ❑ ❑ ❑ 2 The project contract was awarded or: ENTER DATE ❑ ❑ ❑ The total cost of the contract is equal to or less than the total BCIP funds awarded and ❑ ❑ ❑ 3 matching funds provided. 4 The city/county provided matching funds to the project. ❑ ❑ ❑ 5 Right-of-way was acquired in conformance with city/county procedures. ❑ ❑ ❑ 6 All required environmental documentation is complete and certified. ❑ ❑ ❑ 7 An updated project schedule is included with the final invoice. ❑ ❑ ❑ The final invoice is attached with all the necessary documentation. Please provide all ❑ ❑ ❑ invoices to Caltrans, all invoices from contractors, and proof of payment in the form of 8 cancelled checks and/or a general ledger. 9 If the final project scope deviated from the original approved scope, was this approved ❑ ❑ ❑ by OCTA? ❑ ❑ ❑ 10 A copy of the Notice of Completion has been provided to OCTA 11 I Before and After Photos of the project site have been provided to OCTA ❑ ❑ ❑ Name Title JPublic Works Director Signature Date 20A-24 COOPERATIVE AGREEMENT NO. C-9-1837 EXHIBIT C mFINAL PROJECT REPORT FORM OCTA 20A-25 COOPERATIVE AGREEMENT NO. C-9-1837 EXHIBIT C FINAL PROJECT REPORT FORM OCTA OCTA STAFF USE ONLY Orange County Transportation Authority staff has inspected the project site and certifies that the project is complete and ready for use. Proiect Title Name Title Signature Date 20A-26 $ � § �§ ■� i§ 6; §z §� ■§ ■CL �■ ;■ \ ) §®® .» 2 §(\ () 6w ( 2) uj §!& ± § B k k s § U §\J §0w � \ � z / # } � !Is upws 2OAk . 27 ■ \ \ )