HomeMy WebLinkAbout20B - OCTA ENHANCEMENT FUNDINGREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 7, 2011
TITLE:
AGREEMENT WITH ORANGE
COUNTY TRANSPORTATION
AUTHORITY FOR TRANSPORTATION
ENHANCEMENT FUNDING
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15` Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreement with
the Orange County Transportation Authority, subject to nonsubstantive changes approved by
the City Manager and City Attorney, to provide Transportation Enhancement funding up to the
amount not to exceed $285,750 for the Maple Street Bike Trail Landscaping Project.
2. Approve an appropriation adjustment accepting funds in the amount of $285,750 into the
Select Street Construction Revenue Fund for Federal Grants (accounting unit 05917002-
52001) and appropriating $285,750 to the Select Street Construction Expense Fund for
Improvements Other Than Buildings (accounting unit 05917660-66220).
3. Approve an appropriation adjustment accepting funds in the amount of $95,250 into the
Residential Development District 3 Revenue Fund (accounting unit 31313002-53300) and
appropriating $95,250 to the Select Acquisition and Development Fund for Improvements
Other Than Buildings (accounting unit 31313260-66220) for the 25 percent matching
requirement for the project.
DISCUSSION
On June 21, 2010 the City Council authorized the application for project funding through the
Transportation Enhancement (TE) Program administered by the Orange County Transportation
Authority (OCTA). On September 27, 2010 OCTA authorized federal funding up to $285,750 for the
Maple Street Bike Trail Landscaping Project. These funds are designated for Transportation
Enhancement projects including landscaping, scenic beautification, and bicycle and pedestrian
projects to better integrate transportation facilities into the surrounding community. The Maple
Street bike trail is part of the Golden Loop Recreational Trail, a 24-mile regional trail that encircles
the entire city boundary and is part of the OCTA Commuter Bikeways Strategic Plan.
20B-1
Agreement with OCTA For
Transportation Enhancement Funding
February 7, 2011
Page 2
FISCAL IMPACT
Upon approval of appropriation adjustments funds will be available in the Transportation
Enhancement Fund (account unit 05917660-66220) and in the Acquisition and Development Fund
(accounting unit 31313260-66220).
APPROVED AS TO FUNDS AND ACCOUNTS:
Raul Godinez II
Executive Director
Public Works Agency
K
Gerar o R Mouet
Execu ive Director
Recreation and Community Services
RG/JP
Exhibit 1. Agreement
- lmms? ?-- ?L-. - ?? A NJ
Francisco Gutierrez 111w,
Executive Director
Finance & Management Services Agency
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COOPERATIVE AGREEMENT NO. C-0-1812
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
FEDERAL TRANSPORTATION ENHANCEMENT PROJECT
MAPLE STREET BIKE TRAIL LANDSCAPING ENHANCEMENT
THIS AGREEMENT is effective this day of 2010, 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, a municipal corporation duly organized and existing
under the constitution and laws of the State of California (hereinafter referred to as "CITY").
RECITALS:
WHEREAS, AUTHORITY and the CITY desire to enter into a Cooperative Agreement to
define the roles and responsibilities related to funding between the AUTHORITY and CITY for
engineering, right-of-way acquisition, and construction of Maple Street Bike Trail Landscaping
Enhancement; (hereinafter referred to as "PROJECT"); and
WHEREAS, CITY is an eligible recipient of Federal funding under the 2010 Transportation
Enhancement (TE) program and the PROJECT is eligible for TE funding; and
WHEREAS, on September 27, 2010, the AUTHORITY's Board of Directors, approved
providing funding of up to Two Hundred Eighty Five Thousand Seven Hundred Fifty Dollars
($285,750) or 75% of the total project of TE funds, and identifying Ninety Five Thousand Two
Hundred Fifty Dollars ($95,250) of CITY local match for a total of Three Hundred Eighty One
Thousand Dollars ($381,000); and
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I WHEREAS, CITY and AUTHORITY agree that the total full funding for the PROJECT
2 including engineering, right-of-way acquisition, construction management and construction shall be
3 Three Hundred Eighty One Thousand Dollars ($381,000) in accordance with Exhibit A titled "TE
a Funding Plan", which is attached herein and incorporated by reference; and
5 WHEREAS, AUTHORITY and CITY agree that Caltrans and Federal Highway Administration
6 (FHWA) authorization is required following the AUTHORITY's amendment to the Federal
7 Transportation Improvement Program (FTIP), and in order to proceed or commence each phase of
s PROJECT for performance under this Agreement; and
9 WHEREAS, AUTHORITY and CITY agree that the Federal Safe, Accountable, Flexible,
10 Efficient Transportation Equity Act - A Legacy for Users (SAFETEA-LU), which provides the TE
I i funding, was passed by the federal government in 2005, expired in September of 2009 and was
12 extended until December of 2010. TE funding for the PROJECT is contingent upon funding being
13 available through SAFETEA-LU or a new transportation act and the PROJECT maintaining its
14 eligibility for this funding; and
15 WHEREAS, the California Department of Transportation (Caltrans) administers the
16 Transportation Enhancement (TE) program on behalf of the Federal Highways Administration
17 (FHWA) and the California Transportation Commission (CTC) approves funding for projects through
is the State Transportation Improvement Program (STIP). AUTHORITY is responsible for programming
19 the funds to specific projects within Orange County. Caltrans in responsible for acquiring federal
20 approvals for the project on behalf of the CITY, determining federal eligibility, compliance with
21 federal requirements, and reimbursement for project activities.
22 WHEREAS, CITY agrees to act as lead agency for engineering, right-of-way acquisition,
23 construction management and construction of said PROJECT; and
24 WHEREAS, this Cooperative Agreement defines the specific terms and conditions and
25 funding responsibilities between AUTHORITY and CITY (hereinafter referred to as "PARTIES") for
26 completion of the PROJECT.
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WHEREAS, the AUTHORITY's Board of Directors approved the Cooperative Agreement on
September 27, 2010; and
WHEREAS, the CITY's Council approved the Cooperative Agreement on this day of
2010.
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
follows:
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable
by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of
this 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 Agreement shall not affect the validity of other term(s) or conditions(s) of this 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 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 this Agreement shall not be binding upon AUTHORITY except when specifically confirmed
in writing by an authorized representative of AUTHORITY by way of a written amendment to this
Agreement and issued in accordance with the provisions of this Agreement.
C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any
term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
CITY's right to such performance or to future performance of such term(s) or condition(s), and
AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any
portion of this Agreement shall not be binding upon CITY except when specifically confirmed in
writing by an authorized representative of CITY by way of a written amendment to this Agreement
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AGREEMENT NO. C-0-1812
i and issued in accordance with the provisions of this Agreement.
2 ARTICLE 2. SCOPE OF AGREEMENT
3 This Agreement specifies the roles and responsibilities of the PARTIES as they pertain to the
4 subjects and projects addressed herein. Both AUTHORITY and CITY agree that each will cooperate
s and coordinate with the other in all activities covered by this Agreement and any other supplemental
6 agreements that may be required to facilitate purposes thereof.
7 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
s AUTHORITY agrees to the following responsibilities for PROJECT:
9 A. AUTHORITY shall formally request on behalf of the CITY that the Southern California
10 Association of Governments (SCAG) amend the FTIP to program up to Three Hundred Eighty One
>> Thousand Dollars ($381,000) in accordance with the funding plan outlined in Exhibit A, whereby
12 AUTHORITY's performance under this Agreement is contingent upon SCAG and FHWA approval.
13 B. AUTHORITY shall provide assistance to CITY in securing the TE funds.
14 C. AUTHORITY shall not be obligated to program any amount beyond what has been
Is identified in this Article.
16 D. AUTHORITY shall process any required FTIP amendments.
17 E. AUTHORITY shall review and approve the CITY's request for allocation prior to
la submittal to Caltrans District 12.
19 F. AUTHORITY shall cancel projects for which the CITY has not submitted an E-76 and
20 Allocation Request by February 1 of the fiscal year for which funds are programmed and, or has not
21 advanced the project to ready-to-list stage as determined by Caltrans guidelines.
22 ARTICLE 4. RESPONSIBILITIES OF CITY
23 CITY agrees to the following responsibilities for PROJECT:
24 A. CITY will act as the lead agency for the engineering, right-of-way, construction and
25 construction management of the PROJECT.
26 B. CITY is responsible for submitting semi-annual review reports for the PROJECT at
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the request of the OCTA (EXHIBIT B titled "TE Semi-Annual Report")
C. CITY is responsible for submitting a final report upon completion of the project at the
request of the OCTA (EXHIBIT C titled "TE Final Project Report Form").
D. CITY is responsible for preparing and submitting to AUTHORITY all California
Transportation Commission (CTC) documentation needed for Allocation Vote two months prior to
CTC meeting and no later than February 1 of the fiscal year for which funds are programmed.
E. CITY is responsible for preparing and submitting all necessary Caltrans required
documentation including Request for Authorization to Proceed (E-76). CITY cannot proceed with
advertisement of project or any work prior to E-76 authorization. CITY agrees to submit E-76 to
Caltrans District 12 by February 1 of the year for which funds are programmed. All prior approvals,
including but not limited to California Department of Transportation environmental approval and
right-of-way certification (if applicable), must be attained prior to February 1 to meet this
requirement.
F. CITY acknowledges that if the allocation request and E-76 are not submitted to
AUTHORITY and Caltrans by February 1, and the CITY has not attained the required approval of
environmental and right-of-way certification (if applicable) by this date or has not advanced the
project to ready-to-list stage as determined through Caltrans guidelines the proposed funding will be
cancelled by AUTHORITY.
G. CITY agrees to provide a minimum of 25% of the final project cost in City funds for
construction as the required local match. Based on the existing budget, this amount is estimated to
be Ninety Five Thousand Two Hundred Fifty Dollars ($95,250). Actual match will be determined
based on construction contract award amount; and
H. CITY agrees that the overall budget for this PROJECT is a not-to-exceed amount of
Three Hundred Eighty One Thousand Dollars ($381,000); contingent on TE funding from
reauthorization of SAFETEA-LU.
1. CITY agrees that any cost overruns shall be the responsibility of the CITY.
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AGREEMENT NO. C-0-1812
I J. CITY is responsible for completing the PROJECT in accordance with the funding plan
2 (EXHIBIT A), timely use of funds requirements, and to abide by all TE programming guidelines,
3 State Transportation Improvement Program Guidelines, and any and all other requirements of the
4 federal, state, and Caltrans related to the TE.
5 K. CITY agrees that cost savings shall be distributed proportionally with TE and local
6 funding.
7 ARTICLE 5. DELEGATED AUTHORITY
s The actions required to be taken by CITY in the implementation of this Agreement are
v delegated to its Director of Public Works, or designee, and the actions required to be taken by
10 AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief
11 Executive Officer, or designee.
12 ARTICLE 6. AUDIT AND INSPECTION
13 AUTHORITY and CITY shall maintain a complete set of records in accordance with generally
14 accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized
15 representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts,
16 and other data and records of CITY for a period of four (4) years after final payment, or until any on-
17 going audit is completed. For purposes of audit, the date of completion of this Agreement shall be
is the date of AUTHORITY's payment of CITY's final billing (so noted on the invoice) under this
19 Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts.
20 The above provision with respect to audits shall extend to and/or be included in construction
21 contracts with CITY's contractor.
22 ARTICLE 7. INDEMNIFICATION
23 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors,
24 employees and agents from and against any and all claims (including attorney's fees and reasonable
25 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death,
26 worker's compensation subrogation claims, damage to or loss of use of property alleged to be
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I caused by the negligent acts, omissions or willful misconduct by CITY, its officers, directors,
2 employees or agents in connection with or arising out of the performance of this Agreement.
3 B. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors,
4 employees and agents from and against any and all claims (including attorney's fees and reasonable
s expenses for litigation or settlement) for any loss or damages, bodily injuries, including death,
6 worker's compensation subrogation claims, damage to or loss of use of property alleged to be
7 caused by the negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors,
8 employees or agents in connection with or arising out of the performance of this Agreement.
9 C. The indemnification and defense obligations of this Agreement shall survive its
iu expiration or termination.
11 ARTICLE 8. ADDITIONAL PROVISIONS
12 The AUTHORITY and CITY agree to the following mutual responsibilities:
13 A. Term of Agreement: This Agreement shall continue in full force and effect through
14 project completion and final acceptance by AUTHORITY, or 42 months from the date of CTC allocation,
15 whichever is earlier. This Agreement may be extended at the mutual consent of both parties.
16 B. Termination: This agreement is null and void if project is not funded. AUTHORITY
17 shall cancel projects for which the CITY has not submitted an E-76 and Allocation Request by
Is February 1 of the fiscal year for which funds are programmed and, or has not advanced the project
19 to ready stage as determined by AUTHORITY. This Agreement may be terminated by either party
20 after giving thirty (30) days written notice. This Agreement shall not be terminated without mutual
21 agreement of both parties.
22 C. This Agreement may be amended in writing at any time by the mutual consent of both
23 parties. No amendment shall have any force or effect unless executed in writing by both parties.
24 D. AUTHORITY and CITY shall comply with all applicable federal, state, and local laws,
25 statues, ordinances and regulations of any governmental authority having jurisdiction over the
26 PROJECT.
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I E. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to
2 execute this Agreement on behalf of said parties and that, by so executing this agreement, the
3 parties hereto are formally bound to the provisions of this Agreement.
a F. Severability: If any term, provision, covenant or condition of this Agreement is held to
s be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
6 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
7 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
8 G. Counterparts of Agreement: This Agreement may be executed and delivered in any
v number of counterparts, each of which, when executed and delivered shall be deemed an original
10 and all of which together shall constitute the same agreement. Facsimile signatures will be
II permitted.
12 H. Force Majeure: Either Party shall be excused from performing its obligations under this
13 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
la cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God;
lS commandeering of material, products, plants or facilities by the federal, state or local government;
16 national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of
17 such cause is presented to the other Party, and provided further that such nonperformance is
18 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.
19 I. Assignment: Neither this Agreement, nor any of the PARTIES rights, obligations, duties,
20 or authority hereunder may be assigned in whole or in part by either Party without the prior written
21 consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be
22 deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to
23 any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.
24 J. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to
25 authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the
26 terms, in amounts, or for purposes other than as authorized by local, state or federal law.
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K. Governing Law: The laws of the State of California and applicable local and federal
laws, regulations and guidelines shall govern this Agreement.
L. Litigation fees: Should litigation arise out of this Agreement for the performance thereof,
the court shall award costs and expenses, including attorney's fees, to the prevailing party.
M. Notices: Any notices, requests, or demands made between the parties pursuant to this
Agreement are to be directed as follows:
To AGENCY: To AUTHORITY:
City of Santa Ana Orange County Transportation Authority
20 Civic Center Plaza 550 South Main Street
M-36 P. O. Box 14184
Santa Ana, CA 92702 Orange, CA 92863-1584
Attention: Souri Amirani Attention: Ms. Reem Hashem
Tel: 714-647-5640 Principal Contract Administrator
Email: Samirani@santa-ana.org 714-560-5446
Email: rhashem@octa.net
Cc: Ben Ku, Senior Transportation
Funding Analyst
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This Agreement shall be effective upon execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-0-1812 to be
executed on the date first above written.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY
Bv:
Miguel Pulido
Mayor
ATTEST:
By:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Bv:
Joseph W. Fletcher
City Attorney
Dated:
Bv:
Laura Sheedy
Assistant City Attorney
Dated:
By:
Will Kempton
Chief Executive Officer
APPROVED AS TO FORM:
By: 6"X
Kennard R. Smart, Jr.
General Counsel
APPROVAL RECOMMENDED:
Bv:
Kia Mortazavi
Executive Director, Planning
Dated:
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