HomeMy WebLinkAbout25G - AGMT - COOP JOINT PAVEMENT REHABREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 19, 2012
TITLE:
COOPERATIVE AGREEMENTS WITH
OCTA AND CITY OF TUSTIN FOR
STATE-LOCAL PARTNERSHIP
PROGRAM FUNDING
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1t 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 cooperative
agreement, subject to nonsubstantive changes approved by the City Manager and City
Attorney, with the Orange County Transportation Authority to obtain funds programmed in the
State-Local Partnership Program.
2. Authorize the City Manager and Clerk of the Council to execute the attached cooperative
agreement, subject to nonsubstantive changes approved by the City Manager and City
Attorney, with the City of Tustin to obtain funds programmed in the State-Local Partnership
Program for the joint pavement rehabilitation project on McFadden Avenue (Mantle to
Pasadena) on the City's easternmost boundary.
3. Approve an appropriation adjustment accepting additional State-Local Partnership Program
(SLPP) funds in the amount of $24,000 into the Proposition 1B Fund (accounting unit
03017002-52363) to be appropriated to the Proposition 1B Fund (accounting unit 03017660-
66220) for the below listed projects.
DISCUSSION
The State-Local Partnership Program (SLPP) program is funded through State Proposition 1 B,
authorized by California voters through the Highway Safety, Traffic Reduction, Air Quality, and Port
Security Bond Act of 2006. OCTA has allocated $21 million of SLPP funds to regionally significant
projects countywide for FY 12/13. On September 27, 2012, the California Transportation
Commission programmed the three priority projects listed below for a total of $1,624,000 for
Santa Ana. Originally, the FY 12/13 CIP anticipated an SLPP funding allocation of $1.6 million.
However, instead, the SLPP allocation approved by OCTA was $1,624,000. As a result, an
appropriation adjustment of $24,000 is required.
25G-1
Cooperative Agreements with OCTA and City of Tustin
for State-Local Partnership Program Funding
November 19, 2012
Page 2 of 2
Project
Priority Project Name Total
Project
Costs SLPP
Funds Local Match
Measure M2
Fair Share Other
Match
Funds
1 Broadway (Civic Center-Santa Clara) $3,000,000 $1,200,000 $1,200,000 $600,000
2 McFadden (Euclid-Newhope) $764,000 $350,000 $350,000 $64,000
3 McFadden (Mantle-Pasadena) w/ Tustin $163,000 $74,000 $74,000 $15,000
Total $3,927,000 1,624,000 $1,624,000 $679,000
The cooperative agreement with OCTA is needed to receive the grant funding to implement these
projects. This cooperative agreement also identifies the roles and responsibilities of OCTA and
the City, and stipulates the OCTA commitment to this funding and implemention of the projects.
The required 50 percent match will be provided by Measure M2 Fairshare funds.
The cooperative agreement with Tustin establishes the roles and responsibilities between the cities
of Santa Ana and Tustin for the McFadden Avenue (Mantle-Pasadena) rehabilitation project. The
City of Tustin will be the lead agency and will also be responsible for preparation of the construction
documents, bid advertisement, award, and administration of the construction contract.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Matching funds are available in the following projects and funds: $1,300,000 in Measure M2 Funds
appropriated for the FY 11/12 Neighborhood Mitigation Project (Account 03217662-66220);
$294,050 in FY 12/13 Measure M2 Funds from McFadden Avenue: WCL to Euclid (Project 13-6784,
Account 03217662-66220); $29,950 in FY 10/11 Measure M Turnback for Broadway: Civic Center
to Santa Clara (Project 11-6743, Account 03217660-66220); $2,000,000 in prior year Prop 1B
funding allocated for Broadway: Civic Center to Santa Clara (Account 03017660-66220), and
$443,915 in TCR-HUT funding from McFadden Avenue: WCL to Euclid.
APPROVED AS TO FUNDS AND ACCOUNTS:
Raul Godinez II
Executive Director
Public Works Agency
RG/MMS
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
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Cooperative Agreements with OCTA and City of Tustin
for State-Local Partnership Program Funding
November 19, 2012
Page 2 of 2
Exhibits: 1. OCTA SLPP Cooperative Agreement
2. City of Tustin Cooperative Agreement
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COOPERATIVE AGREEMENT C-2-1849
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
PROPOSITION 1B STATE-LOCAL PARTNERSHIP PROGRAM CALL FOR PROJECTS
THIS AGREEMENT is effective this day of 2012, by and
between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184,
Orange, California 92863, 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 92701, a
municipal corporation duly organized and existing under the constitution and laws of the State of
California (hereinafter referred to as "CITY"), mutually referred to herein as "PARTIES" or each
individually as a "PARTY".
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 the
Santa Ana Rehabilitation Project (hereinafter referred to as "PROJECT") as defined by the project
description provided by CITY in its application for the State-Local Partnership Program Formula
Grant Call for Projects, incorporated herein by reference; and
WHEREAS, the California Transportation Commission (CTC) programs and allocates the
Proposition 1 B Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006;
(Proposition 1 B) State-Local Partnership Program (SLPP) funds on behalf of the State of California;
and
WHEREAS, the California Department of Transportation (Caltrans) administers the SLPP
program on behalf of the State of California and the California Transportation Commission (CTC),
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including direct reimbursement of SLPP funds to the CITY for project activities; and
WHEREAS, AUTHORITY is responsible for programming the formula SLPP funds to specific
projects within Orange County; and
WHEREAS, the CITY will be the direct recipient of SLPP funds from the State and will act as
lead agency for environmental, engineering, right-of-way, construction and construction
management of the PROJECT; and
WHEREAS, CITY is responsible to request and receive approvals from the appropriate State
and Local agencies in order to proceed or commence each phase of PROJECT for performance
under this Agreement; and
WHEREAS, SLPP funding for PROJECT is contingent upon funding being available through
both allocation by the CTC and availability of SLPP funds, and CITY maintaining eligibility for this
funding for PROJECT and maintaining eligibility under Ordinance No. 3 to provide match funding;
and
WHEREAS, CITY combined the Broadway Avenue Rehabilitation from Civic Center Drive to
700 feet north of Santa Clara Avenue Project which was awarded One Million Two Hundred
Thousand Dollars ($1,200,000) of SLPP funds, and the McFadden Avenue Rehabilitation from
Euclid Street to Newhope Street Project which was awarded Three Hundred Fifty Thousand Three
Hundred Forty Dollars ($350,340) of SLPP funds for a total SLPP award for PROJECT of
One Million Five Hundred Fifty Thousand Three Hundred Forty Dollars ($1,550,340); and
WHEREAS, on July 23, 2012, AUTHORITY's Board of Directors approved programming of
One Million Five Hundred Fifty Thousand Three Hundred Forty Dollars ($1,550,340) in SLPP funds
for the construction phase of PROJECT, to be matched with One Million Five Hundred Fifty
Thousand Three Hundred Forty Dollars ($1,550,340) of Measure M2 Fair Share (M2 Fair Share)
local match, and Six Hundred Sixty Three Thousand Three Hundred Twenty Dollars ($663,320) of
local agency funds for a total construction phase cost of Three Million Seven Hundred Sixty Four
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Thousand Dollars ($3,764,000) for PROJECT in accordance with Exhibit A titled "SLPP Funding
Plan", which is attached herein and incorporated by reference; and
WHEREAS, PARTIES agree CITY will adhere to M2 Comprehensive Transportation Funding
Programs Master Funding Agreement C-1-2783 executed between CITY and AUTHORITY; and
WHEREAS, PARTIES agree that CITY's SLPP local match funding requirements for
PROJECT will be provided from CITY's Measure M Turnback or M2 Fair Share distribution and shall
be used as a dollar-for-dollar match for the SLPP funds approved for PROJECT; and
WHEREAS, this Cooperative Agreement (Agreement) defines the specific terms and
conditions and funding responsibilities between AUTHORITY and CITY for completion of the
PROJECT; and
WHEREAS, AUTHORITY's Board of Directors approved this Cooperative Agreement on
July 23, 2012; and
WHEREAS, CITY's Council approved this Cooperative Agreement on this day of
2012; and
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
I 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 PARTIES 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),
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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
and issued in accordance with the provisions of this Agreement.
ARTICLE 2. SCOPE OF AGREEMENT
This Cooperative Agreement specifies the terms and conditions, roles and responsibilities of
the PARTIES as they pertain to the subjects and projects addressed herein. PARTIES agree that
each will cooperate and coordinate with the other in all activities covered by this Agreement and any
other supplemental agreements that may be required to facilitate purposes thereof.
ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
AUTHORITY agrees to the following responsibilities for PROJECT:
A. AUTHORITY shall formally request on behalf of CITY that the Southern California
Association of Governments (SCAG) amend the Federal Transportation Improvement Program
(FTIP) to program PROJECT in accordance with the funding plan outlined in Exhibit A, whereby
AUTHORITY's performance under this Agreement is contingent upon SCAG, Caltrans, and Federal
Highways Administration (FHWA) approval.
B. AUTHORITY shall request that the CTC program One Million Five Hundred Fifty
Thousand Three Hundred Forty Dollars ($1,550,340) in SLPP funds for the construction phase of
PROJECT contingent on the availability of funds, and is not obligated to program or provide any
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amount above the funding identified in this Article.
C. AUTHORITY shall provide assistance to CITY in securing the SLPP funds.
D. AUTHORITY shall review and approve CITY's request for allocation prior to submittal
to Caltrans District 12.
E. AUTHORITY shall cancel PROJECT if CITY has not submitted a completed CTC
allocation request to the AUTHORITY by December 31, 2012.
F. AUTHORITY shall cancel PROJECT if CITY has not completed preconstruction
activities, including California Environmental Quality Act (CEQA) environmental approval and any
required right of way certification allowing project to be ready to advertise by December 31, 2012.
G. AUTHORITY shall cancel project if CITY has not awarded a construction contract for
project(s) within six (6) months of CTC allocation and has not received an approved extension from
the CTC.
H. AUTHORITY shall cancel PROJECT if the CITY receives an approved extension from
the CTC and does not award the project within the award extension deadline. If PROJECT is
cancelled, CITY is not entitled to the SLPP funds.
ARTICLE 4. RESPONSIBILITIES OF CITY
CITY agrees to the following responsibilities for PROJECT:
A. CITY is the direct recipient of SLPP funds and will act as the lead agency for the
environmental, engineering, right-of-way, construction, and construction management of PROJECT.
B. CITY agrees that AUTHORITY is responsible for programming One Million Five
Hundred Fifty Thousand Three Hundred Forty Dollars ($1,550,340) in SLPP funds for the
construction phase of PROJECT and is not obligated to program or provide any amount beyond the
amount identified in this Article.
C. CITY is responsible for adhering to Chapter 378, Statutes of 2011 (Assembly Bill 436)
Compliance Monitoring Unit.
D. CITY is responsible for preparing and submitting to AUTHORITY
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all CTC documentation needed for allocation vote for SLPP funds and completing all tasks required
in order to legally advertise the project for construction ninety (90) calendar days prior to CTC
meeting and no later than December 31, 2012.
E. CITY is responsible for notifying AUTHORITY immediately of any expected delays or
changes to PROJECT that deviate from Exhibit A.
F. CITY is responsible for preparing and submitting all necessary CTC and Caltrans
documentation including the allocation request. All prior approvals, including but not limited to CTC
environmental approval by December 31, 2012 and right-of-way certification (if applicable) by
December 31, 2012, must be attained prior to submittal of the construction allocation request.
G. CITY may proceed with advertisement of PROJECT prior to CTC allocation approval,
but may not award any project contract or start any construction phase work prior to CTC allocation
of SLPP funds or Letter of No Prejudice (LONP) approval.
H. CITY is required to award a contract within six (6) months following the date of CTC
allocation but may request one six (6) month extension for contract award. Extension request must
be submitted 90 calendar days before contract award deadline. If an extension is granted, CITY
agrees to award a contract within the award extension deadline.
1. CITY agrees to provide a dollar-for-dollar match within the construction phase to
match SLPP funding in CITY's Measure M1 Turnback or M2 Fair Share revenues. Based on the
existing budget, this amount is estimated to be One Million Five Hundred Fifty Thousand Three
Hundred Forty Dollars ($1,550,340). Actual funding amount will be determined at CTC allocation
and at contract award.
J. CITY agrees that the overall construction and construction management budget for
PROJECT is Three Million Seven Hundred Sixty Four Thousand Dollars ($3,764,000); contingent on
availability of SLPP funding and CTC allocation.
K. CITY agrees that any cost overruns or any additional funding required to complete
the project(s) shall be the responsibility of CITY and not the responsibility of AUTHORITY.
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L. CITY will submit semi-annual project status reports for the PROJECT to the
AUTHORITY due on January 15 for the prior six (6) month period, beginning on July 1, and ending
on December 31, and due on July 15 for the prior six (6) month period, beginning on January 1 and
ending on June 30 with Exhibit B titled "Semi-Annual Report".
M. CITY will submit a final project report to the CTC within six months of project
becoming operable in accordance with the 2011-2013 CTC SLPP Guidelines and Proposition 1B
Project Close Out Process.
N. CITY will submit a final report to AUTHORITY within six (6) months of Caltrans
payment of final billing for PROJECT in accordance with Exhibit C titled "Final Project Report Form."
0. CITY is responsible for completing PROJECT in accordance with the funding plan
(EXHIBIT A), timely use of funds requirements, and for abiding by all 2011-2013 CTC SLPP
Guidelines, OCTA SLPP Formula Grant Call for Projects program guidelines and procedures, State
Transportation Improvement Program Guidelines, and any and all other requirements of the State,
CTC, and Caltrans related to SLPP funding, including but not limited to the Caltrans Local
Assistance Program Guidelines and Local Assistance Procedures Manual.
P. CITY is responsible for submitting quarterly review reports for PROJECT to Caltrans.
Reports must be copied to AUTHORITY.
Q. CITY understands that if PROJECT is cancelled or cannot meet the
December 31, 2012 allocation submittal deadline or allocate funds to a project by June 30, 2013, the
SLPP funding will be withdrawn from CITY and will be redistributed to other AUTHORITY projects.
ARTICLE 5. DELEGATED AUTHORITY
The actions required to be taken by CITY in the implementation of this Agreement are
delegated to each Director of Public Works, 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.
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ARTICLE 6. AUDIT AND INSPECTION
PARTIES 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 purposes of audit, the date of completion of this Agreement shall be the date of
Caltrans' payment of CITY's final billing (so noted on the invoice) 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.
ARTICLE 7. INDEMNIFICATION
A. CITY shall each 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 either 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 both 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 either 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.
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ARTICLE 8. ADDITIONAL PROVISIONS
PARTIES agree to the following mutual responsibilities:
A. Term of Agreement: This Agreement shall continue in full force and effect through
PROJECT completion, final acceptance by AUTHORITY, Caltrans' payment of the CITY's final
billing, or 42 months from the date of CTC allocation, whichever is earlier. This Agreement may be
extended at the mutual consent of all PARTIES.
B. Termination: This Agreement is null and void if PROJECT is not funded. AUTHORITY
shall cancel PROJECT for which CITY has not awarded a contract twelve months after the date of
CTC allocation, or has not advanced the PROJECT to ready to list stage as determined by
AUTHORITY. This Agreement may be terminated by either PARTY after giving thirty (30) calendar
days written notice. This Agreement shall not be terminated without mutual agreement of all
PARTIES.
C. This Agreement may be amended in writing at any time by the mutual consent of all
PARTIES. No amendment shall have any force or effect unless executed in writing by all PARTIES.
D. PARTIES shall comply with all applicable federal, state, and local laws, statutes,
ordinances and regulations of any governmental authority having jurisdiction over the PROJECT.
E. Legal Authority: PARTIES 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
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H. Force Maieure: Each of the PARTIES 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.
1. Assignment: Neither this Agreement, nor any of the PARTIES' rights, obligations,
duties, or authority hereunder may be assigned in whole or in part by any PARTY without the prior
written consent of the other PARTIES in their sole and absolute discretion. Any such attempt of
assignment shall be 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 Comply 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.
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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
Santa Ana, California 92701 P. O. Box 14184
Orange, CA 92863-1584
Attention: Attention: Meena Katakia
Jason Gabriel Manager, Capital Projects
Tel: 714-647-5664 Tel: 714-560-5694
E-mail: jgabriel@santa-ana.org E-mail: mkatakia@octa.net
Cc: Cc: Louis Zhao, Associate Transportation
Funding Analyst
N. Successors and Assigns: The provisions of this Agreement shall bind and inure to
the benefit of each of the PARTIES hereto, and all successors or assigns of the PARTIES hereto.
0. 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 36 months from contract award or consistent with CTC timely
use of funds requirements.
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This Cooperative Agreement shall be effective upon execution by all PARTIES.
IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement
No. C-2-1849 to be executed on the date first above written.
CITY OF SANTA ANA
By:
Miguel Pulido
Mayor
ATTEST:
By:
Maria D. Huizar
City Clerk
APPROVED AS TO FORM:
Bv:
Sonia R. Carvalho
City Attorney
Dated:
Attachments:
Exhibit A: SLPP Funding Plan
Exhibit B: Semi Annual Report Form
Exhibit C: Final Project Report Form
ORANGE COUNTY TRANSPORTATION AUTHORITY
Bv:
Will Kempton
Chief Executive Officer
APPROVED AS TO FORM:
Bv:
Kennard R. Smart, Jr.
General Counsel
APPROVAL RECOMMENDED:
By:
Kia Mortazavi
Executive Director, Planning
Dated:
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AGREEMENT NO. C-2-1849
EXHIBIT A
SLPP FUNDING PLAN
PROPOSITION 113 STATE-LOCAL PARTNERSHIP PROGRAM
CALL FOR PROJECTS
Santa Ana Rehabilitation Project
Project Schedule and Funding
Schedule Completion Date
Final Environmental Document 7/1/2012
Begin Design Engineering 1/1/2012
Plans, Specifications, and Cost Estimates complete 6/1/2012
Start Right-of-Way Acquisition N/A
Right-of-Way Certification N/A
California Transportation Commission Allocation 3/5/2013
Award Construction Deadline 9/5/2013
Project Completion (open for use) 9/1/2013
Construction funding authorized through this agreement:
Funding
P1 B SLPP: $1,550,340 M1 or M2 Fair Share: $1,550,340
Preliminary Engineering
Fund Source Fiscal Year Original Planned
Allocation Proportion
N/A N/A N/A N/A
TOTAL $0 N/A
Right-of-Way
Fund Source Fiscal Year Original Planned
Allocation Proportion
N/A N/A N/A N/A
TOTAL $0 N/A
Construction
Fund Source Fiscal Year Original Planned
Allocation Range Proportion
P1B SLPP 2012-2013 $1,550,340 41%
M2 Fair Share 2012-2013 $1,550,340 41%
Local Gas Tax Fund 2012-2013 $663,320 18%
TOTAL $3,764,000 100%
P1 B SLPP and M1 or M2 Fair Share will remain equal. If needed, amounts will be reduced proportionally.
25G-17
AGREEMENT NO. C-2-1849
EXHIBIT B
SEMI ANNUAL REPORT FORM
Project Title:
Agency:
Schedule
Date:
Original Current
Completion Completion
Date Date
Draft Environmental Document
Final Environmental Document
Begin Design Engineering
Plans, Specifications, and Cost Estimates complete
Start Right-of-Way Acquisition
Right-of-Way Certification
Submit Request for Authorization for Const E-76
Read to Advertise
Award Construction
Project Completion (open for use)
Funding Table:
Preliminary Engineering ($000's)
Fund Source Fiscal
Year Planned
Obligation Current
Estimates Actual
Expended Remaining
Allocation
Right-of-Way ($000's)
Fund Source Fiscal
Year Planned
Obligation Current
Estimates Actual
Expended Remaining
Allocation
Construction ($000's)
Fund Source Fiscal
Year Planned
Obligation Revised
Allocation Actual
Expended Remaining
Allocation
25G-18
AGREEMENT NO. C-2-1849
EXHIBIT B
Major Activities:
Status:
Issues:
Name/Title:
Phone:
Email:
25G-19
AGREEMENT NO. C-2-1849
EXHIBIT C
M 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. 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.
Project
Location and Scope of Work
I
Verification of Match
(Actual Expenditures)
Local Match
Phase
(ENTER
SOURCE
(ENTER
SOURCE
(ENTER
SOURCE
SLPP
Formula Other
OCTA
Funding
Total
Engineering $ - $ - $ - $ - $ - $ -
Right-of-Way $ - $ - $ - $ - $ - $ -
Construction $ - $ - $ - $ - $ - $ -
Total $ - $ - $ - $ - $ - $ -
Project Schedule
Match
Rate
0%
Phase Proposed Actual
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
Page 1
25G-20
AGREEMENT NO. C-2-1849
EXHIBIT C
OCTA
SLPP: FINAL COST
Item # Description Unit Quantity Unit Price Amount
Page 2
25G-21
AGREEMENT NO. C-2-1849
EXHIBIT C
M
OCTA
SLPP: FINAL COST
I hereby certify that the statements provided here are true and correct.
Proiect Title
Yes No N/A
1 The project is designed to city/county and other participating jurisdictions' standards. ? ? ?
2 The project contract was awarded on: ENTER DATE ? ? ?
3 The total cost of the contract is equal to or less than the total TE ? ? ?
funds awarded and matching funds provided.
The city/county provided matching funds to the project. ? ? ?
Right-of-way was acquired in conformance with city/county procedures. ? ? ?
All required environmental documentation is complete and certified. ? ? ?
An updated project schedule is included with the final invoice. ? ? ?
The final invoice is attached with all the necessary documentation. ? ? ?
Name
Title Public Works Director
Signature Date
Page 3
25G-22
AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE CITY OF SANTA ANA
FOR THE PAVEMENT REHABILITATION OF MCFADDEN AVENUE
BETWEEN MANTLE LANE AND PASADENA AVENUE
This agreement ("Agreement"), made and entered into this day of ,
2012, by and between the CITY OF TUSTIN, a municipal corporation ("TUSTIN"), and
the CITY OF SANTA ANA, a municipal corporation ("SANTA ANA").
RECITALS:
A. WHEREAS, TUSTIN and SANTA ANA desire to enter into an Agreement
to reconstruct and resurface the roadway pavement on McFadden Avenue between
Mantle Lane and Pasadena Avenue. Related work on the project will include signing
and striping; sidewalk and curb/gutter repair; replacement of curb ramps to be in
compliance with current federal Americans with Disabilities requirements; and
adjustment of manholes and water valves to grade. This work will hereinafter be
referred to in this Agreement as the "PROJECT"; and
B. WHEREAS, the PROJECT is included in TUSTIN plans titled McFadden
Avenue Pavement Rehabilitation Project between Mantle Lane and Pasadena Avenue
(CIP No. 70213); and
C. WHEREAS, the PROJECT lies partly within the corporate and
jurisdictional limits of SANTA ANA and partly within the corporate and jurisdictional
limits of TUSTIN; and
D. WHEREAS, SANTA ANA and TUSTIN are each empowered by law to
expend public monies to improve McFadden Avenue; and
E. WHEREAS, SANTA ANA and TUSTIN desire to accomplish all of the
needed work as described herein by a single public works project in which TUSTIN will
act as the Lead Agency, and SANTA ANA will reimburse TUSTIN for SANTA ANA's
portion of the design and construction costs; and
F. WHEREAS, TUSTIN is in the process of completing the design plans, and
SANTA ANA will review and approve the design plans upon completion; and
G. WHEREAS, the total PROJECT construction cost is estimated at
$497,000 as shown in Exhibit "A", attached hereto and incorporated herein. The total
estimated PROJECT design and construction costs will be divided between the parties
as follows:
TUSTIN SANTA ANA Total
Design cost $35,000 $15,000 $50,000
Construction cost $350,000 $147,000 $497,000
25G-23
H. WHEREAS, State-Local Partnership Program (SLPP) Formula Grant
funds have been programmed for the project through the Orange County Transportation
Authority (OCTA) in the amount of $175,000 for TUSTIN's share and $73,500 for
SANTA ANA's share, totaling $248,500; and
1. WHEREAS, the PROJECT is declared categorically exempt from CEQA
(Section 15301, Class 1 (c));
NOW, THEREFORE, the parties agree as follows:
TUSTIN Rights and Duties:
TUSTIN shall be the lead agency for the work and shall provide all
construction management. TUSTIN shall be solely responsible for the
preparation and award of the contract pursuant to public bid requirements for
the construction of the PROJECT, including the portion of the PROJECT that
is in SANTA ANA. TUSTIN shall be responsible for the preparation of all
legal documents, including the Notice Inviting Bids, Instruction to Bidders, and
the related construction contract, surety bonds and insurance certificates.
TUSTIN shall be solely responsible for the administration and performance of
the contract awarded to the contractor for the construction of the PROJECT.
2. Tustin shall pay its proportionate share of all PROJECT design and
construction costs, materials testing, site survey, construction engineering,
and construction management, as estimated in Recital G and Exhibit "A" of
this Agreement.
3. TUSTIN shall invoice the California Department of Transportation (Caltrans)
for reimbursement of SLPP Formula Grant funds, described in Recital H of
this Agreement, including SANTA ANA's share, which shall be paid directly to
TUSTIN by Caltrans.
4. In the event the sealed bids submitted by the lowest responsive/responsible
bidder for the construction of the PROJECT show that SANTA ANA's portion
of the PROJECT costs will exceed the estimated cost by ten percent (10%),
TUSTIN shall not award such contract and shall not bind SANTA ANA
hereunder without the prior written consent of SANTA ANA.
5. TUSTIN shall notify SANTA ANA in writing of any changes, increased costs,
and pertinent meetings (i.e., pre-construction, site, and final walk through),
associated with TUSTIN's lead agency responsibilities for the PROJECT.
6. Change orders for work within SANTA ANA must receive the written approval
of the Executive Director of the Public Works Agency of SANTA ANA prior to
implementation, which approval shall not be unreasonably withheld. SANTA
ANA shall have a minimum of five (5) working days to review and approve
change orders. SANTA ANA shall have inspection authority within SANTA
ANA jurisdictional boundaries and shall be notified of the progress of the
2
25G-24
PROJECT for such purposes. SANTA ANA shall also have the right to enter
and inspect within TUSTIN boundaries at all times for the purposes of
overseeing TUSTIN lead agency functions.
7. TUSTIN shall have the exclusive right of approval of all plans, specifications
and cost estimates prepared by consultants for the portion of the PROJECT
within the jurisdictional boundaries of TUSTIN.
8. TUSTIN shall advertise and award the contract for the PROJECT in
accordance with federal, state and local laws.
9. TUSTIN shall cause all hired consultants on the PROJECT to obtain general
liability and motor vehicle liability insurance. For any consultant contract on
the PROJECT entered into after the date of "Agreement", TUSTIN shall also
cause SANTA ANA to be named as additionally insured, and include primary
and not-contributory language and standard separation of insureds
provisions, on insurance certificates and separate endorsements for all
consultant contracts related to the PROJECT. Copies of such certificates and
endorsements shall be provided to SANTA ANA prior to consultants
proceeding with work on the PROJECT.
10.TUSTIN shall, in advance, notify SANTA ANA as to the official advertising
dates, bid opening date, and construction start date, and request SANTA
ANA to attend all pertinent meetings (i.e., pre-construction, site, and final walk
through).
11.TUSTIN shall provide SANTA ANA final Record Drawings for the PROJECT
within 60 days of the completion and acceptance of construction.
SANTA ANA Rights and Duties:
SANTA ANA will provide review and comment on Project plans, specifications
and cost estimates during the design/contract bidding process and prior to
award of contract.
2. SANTA ANA shall have the exclusive right of approval of all plans,
specifications and cost estimates prepared by consultants for the portion of
the PROJECT within the jurisdictional boundaries of SANTA ANA.
3. SANTA ANA shall issue a no fee permit for work within SANTA ANA.
Contractor shall be required to obtain a SANTA ANA business license prior to
starting work.
4. Subject to Item 4 above, SANTA ANA shall pay its proportionate share of
design and construction costs, as estimated in Recital G and Exhibit "A" of
3
25G-25
this Agreement, within thirty (30) days after receipt of an invoice from
TUSTIN.
Joint Rights and Duties:
In the event that expended costs for the PROJECT exceed funds listed in
Exhibit "A", SANTA ANA shall be solely responsible for obtaining the
additional funding for the increased costs occurring within the jurisdictional
boundary of SANTA ANA and TUSTIN shall be solely responsible for
obtaining additional funding for the increased costs occurring within the
jurisdictional boundary of TUSTIN.
2. Mutual Indemnity Provision:
a. Upon completion of the PROJECT, SANTA ANA shall accept
maintenance responsibility for the portion of the PROJECT within SANTA
ANA jurisdictional limits, and TUSTIN shall accept maintenance
responsibility for the portion of the PROJECT within TUSTIN jurisdictional
limits.
b. Pursuant to Section 8546.7 of the California Government Code, in the
event that this Agreement involves expenditures of State funds
aggregating in excess of Ten Thousand Dollars ($10,000), both parties
shall be subject to the examination and audit of the Auditor General of the
State of California for a period of three (3) years after final payment under
this Agreement.
c. Neither SANTA ANA nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything
done or omitted to be done by TUSTIN under or in connection with any
work, authority, or duties delegated to TUSTIN under this Agreement. It is
also understood and agreed that, pursuant to Government Code Section
895.4, TUSTIN shall fully indemnify, defend and hold SANTA ANA
harmless from any liability imposed for injury (as defined by Government
Code Section 810.8), occurring by reason of anything done or omitted to
be done by TUSTIN under or in connection with any work, authority, or
duties delegated to TUSTIN under this Agreement.
d. Neither TUSTIN nor any officer or employee thereof shall be responsible
for any damage or liability occurring by reason of anything done or omitted
to be done by SANTA ANA under or in connection with any work,
authority, or duties delegated to SANTA ANA under this Agreement. It is
also understood and agreed that pursuant to Government Code Section
895.4, SANTA ANA shall fully indemnify, defend and hold TUSTIN
harmless from any liability imposed for injury (as defined by Government
Code Section 810.8) occurring by reason of anything done or omitted to
4
25G-26
be done by SANTA ANA in connection with any work, authority, or duties
delegated to SANTA ANA under this Agreement.
//
//
//
//
//
5
25G-27
IN WITNESS WHEREOF, TUSTIN has caused this agreement to be executed by
its Mayor and attested by its Clerk, and SANTA ANA has caused this Agreement to be
executed by its City Manager and attested by its Clerk, all thereunto duly authorized by
the TUSTIN City Council and the SANTA ANA City Council, respectively.
CITY OF SANTA ANA, a
municipal corporation of the
State of California
CITY OF TUSTIN, a
municipal corporation of the
State of California
By:
Paul M. Walters
City Manager
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
RECOMMENDED FOR APPROVAL
Raul Godinez II
Executive Director
Public Works Agency
By:
John Nielsen
Mayor
ATTEST:
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
David E. Kendig
City Attorney
RECOMMENDED FOR APPROVAL:
Douglas S. Stack
Director of Public Works/City Engineer
6
25G-28
AGREEMENT NO. C-2-1849
EXHIBIT A
SLPP FUNDING PLAN
PROPOSITION 113 STATE-LOCAL PARTNERSHIP PROGRAM
CALL FOR PROJECTS
Santa Ana Rehabilitation Project
Project Schedule and Funding
Schedule Completion Date
Final Environmental Document 12/31/2012
Begin Design Engineering 1/1/2012
Plans, Specifications, and Cost Estimates complete 12/31/2012
Start Right-of-Way Acquisition N/A
Right-of-Way Certification N/A
California Transportation Commission Allocation 3/5/2013
Award Construction Deadline 9/5/2013
Project Completion (open for use) 3/4/2016
Construction funding authorized through this agreement:
Funding
P1 B SLPP: $1,550,340 M1 or M2 Fair Share: $1,550,340
Preliminary Engineering
Fund Source Fiscal Year Original Planned
Allocation Proportion
N/A N/A N/A N/A
TOTAL $0 N/A
Right-of-Way
Fund Source Fiscal Year Original Planned
Allocation Proportion
N/A N/A N/A N/A
TOTAL $0 N/A
Construction
Fund Source Fiscal Year Original Planned
Allocation Range Proportion
P1 B SLPP 2012-2013 $1,550,340 41%
M2 Fair Share 2012-2013 $1,550,340 41%
Local Gas Tax Fund 2012-2013 $663,320 18%
TOTAL $3,764,000 100%
P1 B SLPP and M1 or M2 Fair Share will remain equal. If needed, amounts will be reduced proportionally.
25G-29
25G-30