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HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-1-2630)i 2 3 4 s 6 7 a s 10 11 12 13 1a 1s 16 17 18 1s zo 21 22 23 24 zs zs OCT 1 8 2011 O: PWA C3� Oe8 \�r� Soe mo A- 2011 -215 COOPERATIVE AGREEMENT NO. C -1 -2630 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR FEDERAL TRANSPORTATION ENHANCEMENT PROJECT FLOWER STREET BIKE TRAIL GAP CLOSURE THIS AGREEMENT is effective this /9�day of �osa�Q�»�,�,� 2011, 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 — M36, 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 "). RECITALS: WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define the roles and responsibilities related to funding between the AUTHORITY and CITY for construction of Flower Street Bike Trail Gap Closure; (hereinafter referred to as "PROJECT "); and WHEREAS, CITY is an eligible recipient of Federal funding under the Transportation Enhancement (TE) 201 O 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 Five Hundred Thousand Dollars ($500,000) or 66% of the total project cost in TE funds, which shall be matched with Two Hundred Sixty Two Thousand Dollars ($262,000) in CITY funds for a total project cost of Seven Hundred Sixty Two Thousand Dollars ($762,000); and WHEREAS, on January 1 O, 201 1 , the AUTHORITY'S Board of Directors, approved an updated priority list of projects for the TE Program; and Page 1 of 1 O L Gamm\CLERICAL\GLE RIGAL \WORDFRGC.WGR EE W G12630 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A- 2011 -215 COOPERATIVE AGREEMENT NO. C -1 -2630 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR FEDERAL TRANSPORTATION ENHANCEMENT PROJECT FLOWER STREET BIKE TRAIL GAP CLOSURE THIS AGREEMENT is effective this 15'1!� day of &VP.P bW 2011, 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 — M36, 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 "). RECITALS: WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define the roles and responsibilities related to funding between the AUTHORITY and CITY for construction of Flower Street Bike Trail Gap Closure; (hereinafter referred to as "PROJECT "); and WHEREAS, CITY is an eligible recipient of Federal funding under the Transportation Enhancement (TE) 2010 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 Five Hundred Thousand Dollars ($500,000) or 66% of the total project cost in TE funds, which shall be matched with Two Hundred Sixty Two Thousand Dollars ($262,000) in CITY funds for a total project cost of Seven Hundred Sixty Two Thousand Dollars ($762,000); and WHEREAS, on January 10, 2011, the AUTHORITY's Board of Directors, approved an updated priority list of projects for the TE Program; and L'. Carom\ CLERICAL \CLERICALNWOROPROCV GREEWG12630 Page 1 of 10 i 2 3 4 s s s s io i� �z 13 is 15 �s �� is is zo zi 22 23 24 25 26 AGREEMENT NO. C -1 -2630 WHEREAS, AUTHORITY and CITY agree that the total full funding for the PROJECT including construction management and construction shall be Seven Hundred Sixty Two Thousand Dollars ($762,000) in accordance with Exhibit A titled "TE Funding Plan ", which is attached herein and incorporated by reference; and WHEREAS, AUTHORITY and CITY agree that the Federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -LU), which provides the TE funding, was passed by the federal government in 2005, expired in September of 2009 and was extended through a continuing resolution. TE funding for the PROJECT is contingent upon funding being available through SAFETEA -LU or a new transportation act and the PROJECT maintaining its eligibility for this funding; and WHEREAS, the California Department of Transportation (Caltrans) administers the TE program on behalf of the Federal Highway Administration (FHWA) and the California Transportation Commission (CTC) approves funding for projects through the State Transportation Improvement Program (STIP). AUTHORITY is responsible for programming the funds to specific projects within Orange County. Caltrans is responsible for acquiring federal approvals for the project on behalf of the CITY, determining federal eligibility, compliance with federal requirements, and reimbursement for project activities. In order to proceed or commence each phase of PROJECT for performance under this Agreement, CITY is responsible to request and receive approvals from the appropriate State, Federal and Local agencies; and WHEREAS, CITY agrees to act as lead agency for engineering, right -of -way acquisition, construction management and construction of said PROJECT; and WHEREAS, this Cooperative Agreement defines the specific terms and conditions and funding responsibilities between AUTHORITY and CITY (hereinafter referred to as "PARTIES ") for completion of the PROJECT. WHEREAS, the AUTHORITY's Board of Directors approved the Cooperative Agreement on September 27, 201 O; and Page2of10 L Gamm\CLERICAL\CLERI GAL \WORDPROC WGR EE WG 12630 1 z 3 a 5 6 a 9 10 11 12 13 14 1s 1s n 18 19 zo z1 22 23 2a 2s 2s AGREEMENT NO. C -1 -2630 WHEREAS, the CITY's Council approved the Cooperative Agreement on this /`�'� day of �t��222� 201 1 . 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 terms) 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 terms) 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 instances) of CITY's performance of any terms) or conditions) 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 terms) 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 instances) of AUTHORITY'S performance of any terms) or conditions) 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 terms) 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 and issued in accordance with the provisions of this Agreement. Page 3 of 1 O L: Camm\CLERICAL\CLE RI GAL \W OR DPROGWG RE E W G 12630 AGREEMENT NO. C -1 -2630 1 ARTICLE 2. SCOPE OF AGREEMENT 2. This Agreement specifies the roles and responsibilities of the PARTIES as they pertain to the 3 subjects and projects addressed herein. Both AUTHORITY and CITY agree that each will cooperate 4 and coordinate with the other in all activities covered by this Agreement and any other supplemental 5 agreements that may be required to facilitate purposes thereof. 6 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY 7 AUTHORITY agrees to the following responsibilities for PROJECT: a A. AUTHORITY shall formally request on behalf of the CITY that the Southern California s Association of Governments (SCAG) amend the Federal Transportation Improvement Program 10 (FTIP) to program up to Five Hundred Thousand Dollars ($500,000) in accordance with the funding plan outlined in Exhibit A, whereby AUTHORITY's performance under this Agreement is contingent 12 upon SCAG, Caltrans, 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 15 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 is submittal to Caltrans District 12. 19 F. AUTHORITY shall cancel projects for which the CITY has not submitted a request for 20 authorization to proceed (E -76 forms) and allocation request by February 1 of the fiscal year 21 identified in Exhibit A, or has not advanced the project to ready -to -list stage as determined by 22 Caltrans guidelines. 23 ARTICLE 4. RESPONSIBILITIES OF CITY 24 CITY agrees to the following responsibilities for PROJECT: 25 A. CITY will act as the lead agency for the engineering, right -of -way, construction and 26 construction management of the PROJECT. Page 4 of 10 L.C.—mn LERICALA LERICAL %WORDPROCWGREEWG12630 z 3 4 s s a 9 io �i iz 13 is is is n is is 20 zi 22 23 2a 2s 26 AGREEMENT NO_ C -1 -2630 B. CITY will submit semi - annual project status reports for the PROJECT to the AUTHORITY due on January 15 for the prior six month period, beginning on July 1, and ending on December 31 and due on July 15 for the prior 6 month period, beginning on January 1 and ending on June 30 with Exhibit B titled "TE Semi - Annual Report ". C. CITY will submit a final report to AUTHORITY upon completion of the project in accordance with Exhibit C titled "TE Final Project Report Form ". D. CITY is responsible for preparing and submitting to AUTHORITY all CTC documentation needed for allocation vote 90 days prior to CTC meeting and no later than February 1 of the fiscal year identified in Exhibit A. E. CITY is responsible for preparing and submitting all necessary Caltrans required documentation including E -76 forms. CITY cannot proceed with advertisement of project or any work prior to authorization to proceed (E -76 form approval) by the FHWA. CITY agrees to submit the completed E -76 forms to Caltrans District 12 by February 1 of the fiscal year identified in Exhibit A and wilt provide evidence of submittal to AUTHORITY by February 28 of the same fiscal year. All prior approvals, including but not limited to Caltrans 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 forms 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 TE funding will be cancelled by AUTHORITY. G. CITY shall provide a minimum of 34% of the total project cost in CITY funds as the required local match which shall be finalized at construction contract award and in accordance with Exhibit A. Based on the existing budget, the estimated local match contribution is Two Hundred Sixty Two Thousand Dollars ($262,000). Actual TE funding to be provided to project will be determined based on construction contract award amount; and Page 5 of 1 O L Camm\ CLERICAL \CLERICAL \W0RDPROCWGREEWG12630 i 2 3 a s s a 9 io i� �2 13 is is 16 n �a is 20 21 22 23 2a 25 26 AGREEMENT NO. C -1 -2630 H. CITY agrees to revise E76 finance letter with submittal of contract award information to Caltrans within 30 days of contract award to accommodate the required overall project local match requirement and to de- obligate any TE funds that are not estimated to be needed for the project based on the estimated project funding need at contract award. 1. CITY agrees that any cost overruns shall be the responsibility of the CITY. J. CITY is responsible for completing the PROJECT in accordance with Exhibit A, timely use of funds requirements, and to abide by all TE programming guidelines, State Transportation Improvement Program Guidelines, and any and all other federal and state requirements related to the TE. K. CITY agrees that cost savings shall be distributed proportionally between TE and local funding. ARTICLE 5. DELEGATED AUTHORITY The actions required to be taken by CITY in the implementation of this Agreement are delegated to its City Manager, or designee, and the actions required to be taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY'S Chief Executive Officer, or designee. 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 the 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 purposes of audit, the date of completion of this Agreement shall be the date of Caltrans' payment of CITY'S final billing under this 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. Page6of10 LGamm\ CLERICAL \CLERICAL \WORDPROC\AGREE WG12630 i z 3 a 5 s a s io i� iz 13 is 15 16 n i8 is 20 21 zz 23 2a 25 ze AGREEMENT NO. C -1 -2630 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 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 Agreement. C. The indemnification and defense obligations of this Agreement shall survive its expiration or termination_ ARTICLE 8. ADDITIONAL PROVISIONS The AUTHORITY and CITY agree to the following mutual responsibilities: A. Term of Agreement: This Agreement shall continue in full force and effect through project completion and final acceptance by AUTHORITY, or 42 months from the date of CTC allocation, whichever is earlier. This Agreement may be extended at the mutual consent of both parties. B. Termination: This agreement is null and void if project is not funded. AUTHORITY shall cancel projects for which the CITY has not submitted an E -76 and allocation request by February 1 of the fiscal year for which funds are programmed or has not advanced the project to ready -to -list stage as determined through Caltrans Guidelines. This Agreement may be terminated by either party after giving thirty (30) days written notice. This Agreement shall not be terminated without mutual agreement of both parties. Page 7 of 1O LCamm\CLERIGAL \CLERICAL \WORDPROCWGREEWG 12630 i z 3 4 5 6 a s io ii iz 13 14 15 �s n is 19 zo zi 22 z3 24 25 zs AGREEMENT NO. C -1 -2630 C. This Agreement may be amended in writing at any time by the mutual consent of both parties. No amendment shall have any force or effect unless executed in writing by both 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 the PROJECT. E. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to execute this Agreement on behalf of said parties and that, by so executing this agreement, the parties hereto are formally bound to the provisions of this Agreement. F. Severability: If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. G. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be permitted. H. Force Maieure: Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. I. Assgnment: Neither this Agreement, nor any of the PARTIES rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be Page8of10 L:Gamm\CLERIC:AL \CLERICAL \WORDPROCWGREE VaGt 26311 1 2 3 4 5 6 a s 10 11 12 13 14 15 16 n 18 19 za 21 22 23 24 25 26 AGREEMENT NO. C -1 -2630 deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. J. Obligations To COmDIY with Law: Nothing herein shall be deemed nor construed to authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the terms, in amounts, or for purposes other than as authorized by local, state or federal law. 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 — M36 550 South Main Street Santa Ana, CA 92702 P. O. Box 14184 Orange, CA 92863 -1584 Attention: Joe Parco Attention: Ms_ Reem Hashem Senior Civil Engineer Principal Contract Administrator Tel: 714- 647 -5630 714 -560 -5446 Email: jparco @santa- ana.org Email: rhashem @octa. net Cc: Ben Ku, Senior Transportation Funding Analyst Page 9 of 1 O L- Gamm \G LE R IGAL \CLERICAL \W OR DPROC\AG RE E\AG 12630 1 2 31 4 5 6 8 9 10 11 12 13 14 15 16 n 18 19 20 21 22 23 24 25 26 AGREEMENT NO. C -1 -2630 This Agreement shall be effective upon execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C -1 -2630 to be executed on the date first above written. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By: Pawl M. Walters Will Kemp ton Interim City Manager Chief Executive Officer ATTEST: By: odd Maria D. Huizar City Clerk APPROVED AS TO FORM: By: 6 iCitiu56 �� Joseph Straka Interim City Attorney Dated: c4r.1 I;d L.Camm1CLERIC \CLERIC \WOROP WGREEAG12W AS TO FORM: By: '- G VL a Kennard R. Smart, Jr. General Counsel APPROVAL Kia Mort.Mavi Executive Director, Dated: l�• y' % Page 10 of 10 OCTA EXHIBIT A: TE Funding Plan Project Title: Flower Street Bike Trail Gaa Closure Agency: Santa Ana Date: 7/15/2011 Schedule Completion Date Drag Environmental Document Com lete Final Environmental Document Com lete Be in Desi n En ineerin Com lete Plans, S ecifications, and Cost Estimates Com lete Com lete Start Ri ht -of -Wa Ac uisition NA ROW Certification Oct. 2011 Submit Re uest for Authorization Oct. 201 1 Read to Advertise Jan. 2012 Award Construction A r. 2012 Pro�ect Com letion o en for use Oc[. 2012 Funding: TE Grant $ 500.000 Local Match AGREEMENT NO. C -1 -2630 EXHIBIT A $ 262,000 34% •reliminar ENG $OOOs Fund Source FY Ori final Planned Allocation COW $OOOs Fund Source FY Ori anal Planned Allocation �-riu iennn�� Fund Source FY Ori final Planned Allocation STIP -TE 20] 1 -12 $500,000 General Fund 2011 -12 $262,000 Name /Title: Signature: Phone: Emai 1: Joe P� enior Cry ngineer Date: / � I �� j part o @santa -ana. org AGREEMENT NO. C -1 -2630 EXHIBIT B OCTA EXHIBIT B: TE SEMI ANNUAL REPORT Project Title: Agency: Schedule Date: Original Current Completion Completion Date Date Draft Environmental Document Fiscal Year Original Planned Allocation Final Environmental Document Actual Expended Remaining Allocation Be in Desi n En ineerin Plans, S ecifications, and Cost Estimates com lete Ri ht -of -Wa Certification Submit Re uest for Authorization for Const E -76 Read to Advertise Award Construction Pro'ect Com letion (o en for use) Funding Table: Construction ($000's) Fund Source Fiscal Year Original Planned Allocation Revised Allocation Actual Expended Remaining Allocation Major Activities: Status: Issues: Name/Title: Signature: Phone: Email: AGREEMENT NO_ C -1 -2630 EXHIBIT B AGREEMENT NO_ C -1 -2630 EXHIBIT C EXHIBIT C: TE 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. In addition, the agency must attach before (if available) and after photographs of the project site and the address or location of the site under the Location and Scope of work section. Agency Project Verification of Match (Actual Expenditures) Phase , �� f,, �� `:SbLR E K� �,,� �O RCE'�� �, � �����` S URCE :� "TE,Cti^srit'� er Fi�inciln ` ' � ToYal� En ineerin $ - $ - $ - $ - $ - $ - Ri ht -of -W a $ - $ - $ - $ - $ - $ - Construction $ - $ - $ - $ - $ - $ - Total $ - $ - $ - $ - $ - $ - Project Schedule Phase Pro osed Actual Draft Environmental Document Final Environmental Document Be in Desi n En ineerin Plans, S ecifications, and Cost Estimates com late Ri ht -of -Wa Certification Read to Advertise Award Construction Project Com letion o en for use Page 1 TE: Final Cost OCTA Page 2 m OCT/� TE: FINAL COST I hereby certify that the statements provided here are true and correct. Project Title Yes No N/A 1 The project is designed to city /county and other participating jurisdictions' standards. Q Q � 2 The project contract was awarded on: ENTER DATE Q � � 3 The total cost of the contract is equal to or less than the total TE o 0 0 funds awarded and 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. � 0 Q 6 All required environmental documentation is complete and certified. Q o 0 7 An updated project schedule is included with the final invoice. � � � 8 The final invoice is attached with all the necessary documentation. � (] � Name Title Public Works Director Signature Date Page 3 TE: OCTA Staff Verification OCTA OCTA STAFF USE ONLY Orange County Transportation Authority staff has inspected the project site and certifies that the project is complete. Project Title Name Title Signature Date Page 4 196 EXCUSED ABSENCES —None 19C CONSOLIDATED ANNUAL PERFORMANCE &EVALUATION REPORT - Community Development Agency MOT /ON: Authorize submittal of the Consolidated Annual Performance and Evaluation Report to the U. S. Department of Housing and Urban Development_ BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A ��,����'�1± Councilmember Sarmiento noted that project is golden loop and will connect to the City of Costa Mesa. Executive Director of Parks and Recreation Mouet commented on grant to build Class 1 bike trail with dedicated land for pedestrians and bike riders. C�iL�3�� 1. Authorize the City Manager and Clerk of the Council to execute the attached agreement subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2011 -215 - With the Orange County Transportation Authority in an amount of $500,000. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012 -059 - Accepting funds in the amount of $500,000 into the Select Street Construction Revenue Fund for Federal Grants and appropriating $500,000 to the Select Street Construction Expense Fund for Improvements Other Than Buildings. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) CITY COUNCIL MINUTES 9 SEPTEMBER 19, 20'1'1