HomeMy WebLinkAboutCC AG PKT 2010-12-13 #O AGENDA STAFF REPORT
DATE: December 13, 2010
TO: Honorable Mayor and City Council
THRU:. David Carmany; City Manager
FROM: Sean Crumby P.E., Director of Public Works
SUBJECT: EXECUTE COOPERATIVE AGREEMENTS FOR THE
TRANSPORTATION ENHANCEMENT (TE) PROGRAM
FOR THE SEAL BEACH BOULEVARD AND LAMPSON
AVENUE MEDIAN IMPROVEMENTS PROJECTS
SUMMARY OF REQUEST:
It is requested that the City Council adopt Resolution No. 6092 authorizing the
Mayor to execute the Cooperative Agreements with Orange County
Transportation Authority for the Seal Beach Boulevard and Lampson Avenue
Median Improvements Projects and authorize the utilization of remaining balance
from the $5 million street allocation.
BACKGROUND:
The TE program provides grants to local and state agencies to be used for
transportation- related projects that enhance quality -of -life, in or around
transportation facilities. The Orange County Transportation Authority (OCTA) is
responsible for selecting regionally significant projects for Orange County and
working with Caltrans in administering selected projects. Projects eligible for TE
funding include landscape and aesthetic enhancements, as well as bicycle and
pedestrian facilities projects.
Based upon the specific criteria, City staff submitted applications for Seal Beach
Boulevard from Pacific Coast Highway to Bolsa Avenue and Lampson Avenue
from Seal Beach Boulevard to East City Limits for two Median Improvements
Projects. Those two grant applications had resolutions approved by the City
Council on October 11, 2010. Those resolutions allowed the submittal of the
grant applications and committed to OCTA that if awarded the City will fund the
matching, contributions. The City of Seal Beach has been awarded both grant
funding for the Seal Beach Boulevard and. Lampson Avenue Median
Improvement Projects in the amount of $888,500! The anticipated schedule for
the project is as follows:
Agenda Item 0
Page 2
Project Approval Schedule for TE Projects
Signed Cooperative Agreements December 2010
Environmental Documentation October 2010 - January, 2011
Approval
E -76 and California
Transportation Commission Due to OCTA February 1, 2011
(CTC) allocation submittal
CTC Staff Review February - March, 2011
CTC Approval of Allocation March - June, 2011
Request
The plans and specifications will be brought to the City Council for approval in
the spring of 2011. It is anticipated that construction will follow in the summer of
2011.
FINANCIAL IMPACT:
In December of 2008 the City Council allocated $5 million to be spent on paving
improvements throughout the City. On November 8, 2010 the City Council
received and filed an update to the $5 million Citywide Paving Allocation
summarizing the projects and expenditures. A balance remains of $644,757.72
from the allocation.
The TE Program requires a contribution from the local agency to secure grant
funding. A breakdown of the financing for these two projects is a follows:
Project Estimated City Required Maximum Grant Projected City
Project Cost Contribution Amount Cost
Seal Beach Boulevard - $ 526,000 26.14% $ 388,500 $ 137,500
Medians
Lampson Avenue -
Medians $ 855,000 41.52% $ 500,000 $ 355,000
Total $ 492,500
Although the Grants have maximum amounts their payouts are based upon
percentages of the projects total cost.
Staff recommends that the remaining allocation from the $5 million be used for
this purpose.
Page 3
ENVIRONMENTAL IMPACT:
This project complies with all requirements of the California Environmental
Quality Act. Detailed information will follow with the award for construction.
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 6092 authorizing
the Mayor to execute the Cooperative Agreements with Orange County
Transportation Authority for the Seal Beach Boulevard and Lampson Avenue
Median Improvement Projects and authorize the utilization of remaining balance
from the $5 million allocation.
Appreciated
SUBMITTED BY: NOTED AND APPROVED:
Sean P. Crumby, P.E. David Car any, City Manager
Director of Public Works
Prepared by: Cesar Rangel, Assistant Engineer
Attachments:
A. Resolution No. 6092
B. OCTA's Cooperative Agreements (No. 1813 and No. 1814)
RESOLUTION NUMBER 6092
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AUTHORIZING THE EXECUTION OF THE COOPERATIVE
AGREEMENTS WITH ORANGE COUNTY TRANSPORTATION
AUTHORITY FOR THE SEAL BEACH BOULEVARD AND
LAMPSON AVENUE MEDIAN IMPROVEMENTS PROJECTS
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby adopts by resolution authorizing the City
Mayor to execute the Cooperative Agreements with Orange County
Transportation authority for the Seal Beach Boulevard and Lampson Avenue
Median Improvements Projects
PASSED, APPROVED and ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the 13th day of December , 2010
by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
•
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6092 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 13th day of December , 2010.
•
•
City Clerk
•
1 COOPERATIVE AGREEMENT NO. C -0 -1813
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITY OF SEAL BEACH
6 FOR
7 FEDERAL TRANSPORTATION ENHANCEMENT PROJECT
8 LAMPSON AVENUE MEDIAN IMPROVEMENTS
9 THIS AGREEMENT is effective this day of 2010, by and
10 between the Orange County Transportation Authority, 550 South Main Street, P.O. Box • 14184,
11 Orange, California 92863 -1584, a public corporation of the State of California (hereinafter referred to
12 as "AUTHORITY "), and the City of Seal Beach, a municipal corporation duly organized and existing
13 under the constitution and laws of the State of California (hereinafter referred to as "CITY ").
14 RECITALS:
15 WHEREAS, AUTHORITY and the CITY desire to enter into a Cooperative Agreement to
16 define the roles and responsibilities related to funding between the AUTHORITY and CITY for
17 engineering, right -of -way acquisition, and construction, of Lampson Avenue Median Improvements;
18 (hereinafter referred to as "PROJECT "); and
19 WHEREAS, CITY is an eligible recipient of Federal funding under the 2010 Transportation
zo Enhancement (TE) program and the PROJECT is eligible for TE funding; and
21 WHEREAS, on September 27, 2010, the AUTHORITY's Board of Directors, approved
22 providing funding of up to Five Hundred Thousand Dollars ($500,000) or 58% of the total project of
23 TE funds, and identifying Three Hundred Fifty Five Thousand Dollars ($355,000) of CITY local
24 match for a total of Eight Hundred Fifty Five Thousand Dollars ($855,000); and
25 WHEREAS, CITY and AUTHORITY agree that the total full funding for the PROJECT
26 including engineering, right -of -way acquisition, construction management and construction shall be
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AGREEMENT NO. C -0 -1813
1 Eight Hundred Fifty Five Thousand Dollars ($855,000) in accordance with Exhibit A titled "TE
2 Funding Plan ", which is attached herein and incorporated by reference; and
3 WHEREAS, AUTHORITY and CITY agree that Caltrans and Federal Highway Administration
4 (FHWA) authorization is required following the AUTHORITY's amendment to the Federal
5 Transportation Improvement Program (FTIP), and in order to proceed or commence each phase of
6 PROJECT for performance under this Agreement; and
7 WHEREAS, AUTHORITY and CITY agree that the Federal Safe, Accountable, Flexible,
8 Efficient Transportation Equity Act - A Legacy for Users (SAFETEA -LU), which provides the TE
9 funding, was passed by the federal government in 2005, expired in September of 2009 and was
10 extended until December of 2010. TE funding for the PROJECT is contingent upon funding being
11 available through SAFETEA -LU or a new transportation act and the PROJECT maintaining its
12 eligibility for this funding; and
13 WHEREAS, the California Department of Transportation (Caltrans) administers the
14 Transportation Enhancement (TE) program on behalf of the Federal Highways Administration
15 (FHWA) and the California Transportation Commission (CTC) approves funding for projects through
16 the State Transportation Improvement Program (STIP). AUTHORITY is responsible for programming
17 the funds to specific projects within Orange County. Caltrans in responsible for acquiring federal
18 approvals for the project on behalf of the CITY, determining federal eligibility, compliance with
19 federal requirements, and reimbursement for project activities.
20 WHEREAS, CITY agrees to act as lead agency for engineering, right -of -way acquisition,
21 construction management and construction of said PROJECT; and
22 WHEREAS, this Cooperative Agreement defines the specific terms and conditions and
23 funding responsibilities between AUTHORITY and CITY (hereinafter referred to as "PARTIES ") for
24 completion of the PROJECT.
25 WHEREAS, the AUTHORITY's Board of Directors approved the Cooperative Agreement on
26 September 27, 2010; and
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> WHEREAS, the CITY's Council approved the Cooperative Agreement on this day of
2 2010.
3 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
4 follows:
5 ARTICLE 1. COMPLETE AGREEMENT
6 A. This. Agreement, including any attachments incorporated herein and made applicable
7 by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of
8 this agreement between AUTHORITY and CITY and it supersedes all prior representations,
9 understandings, and communications. The invalidity in whole or in part of any term or condition of
10 this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The
11 above referenced Recitals are true and correct and are incorporated by reference herein.
12 B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any
13 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
14 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s),
15 and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any
16 portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed
17 in writing by an authorized representative of AUTHORITY by way of a written amendment to this
18 Agreement and issued in accordance with the provisions of this Agreement.
19 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any
20 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
21 CITY's right to such performance or to future performance . of such term(s) or condition(s), and
22 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any
23 portion of this Agreement shall not be binding upon CITY except when specifically confirmed in
24 writing by an authorized representative of CITY by way of a written amendment to this Agreement
25 and issued in accordance with the provisions of this Agreement.
26 /
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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:
8 A. AUTHORITY shall formally request on behalf of the CITY that the Southern California
9 Association of Governments (SCAG) amend the FTIP to program up to Eight Hundred Fifty Five
10 Thousand Dollars ($855,000) in accordance with the funding plan outlined in Exhibit A, whereby
11 AUTHORITY's performance under this Agreement is contingent upon SCAG and FHWA approval.
12 B. AUTHORITY shall provide assistance to CITY in securing the TE funds.
13 C. AUTHORITY shall not be obligated to program any amount beyond what has been
14 identified in this Article.
15 D. AUTHORITY shall process any required FTIP amendments.
16 E. AUTHORITY shall review and approve the CITY's request for allocation prior to .
17 submittal to Caltrans District 12.
18 F. AUTHORITY shall cancel projects for which the CITY has not submitted an E -76 and
19 Allocation Request by February 1 of the fiscal year for which funds are programmed and, or has not
zo advanced the project to ready -to -list stage as determined by Caltrans guidelines.
21 ARTICLE 4. RESPONSIBILITIES OF CITY
22 CITY agrees to the following responsibilities for PROJECT:
23 A. CITY will act as the lead agency for the engineering, right -of -way, construction and
24 construction management of the PROJECT.
25 B. CITY is responsible for submitting semi - annual review reports for the PROJECT at
26 the request of the OCTA (EXHIBIT B titled "TE Semi - Annual Report").
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1 C. CITY is responsible for submitting a final report upon completion of the project at the
2 request of the OCTA (EXHIBIT C titled "TE Final Project Report Form ").
3 D. CITY is responsible for preparing and submitting to AUTHORITY all California
4 Transportation Commission (CTC) documentation needed for Allocation Vote two months prior to
s CTC meeting and no later than February 1 of the fiscal year for which funds are programmed.
6 E. CITY is responsible for preparing and submitting all necessary Caltrans required
7 documentation including Request for Authorization to Proceed (E -76). CITY cannot proceed with
8 advertisement of project or any work prior to E -76 authorization. CITY agrees to submit E -76 to
9 Caltrans District 12 by February 1 of the year for which funds are programmed. All prior approvals,
10 including but not limited to California Department of Transportation environmental approval and
11 right -of -way certification (if applicable), must be attained prior to February 1 to meet this
12 requirement.
13 F. CITY acknowledges that if the allocation request and E -76 are not submitted to
14 AUTHORITY and Caltrans by February 1, and the CITY has not attained the required approval of
15 environmental and right -of -way certification (if applicable) by this date or has not advanced the
16 project to ready -to -list stage as determined through Caltrans guidelines the proposed funding will be
17 cancelled by AUTHORITY.
18 G. CITY agrees to provide a minimum of 42% of the final project cost in City funds for
19 construction as the required local match. Based on the existing budget, this amount is estimated to
20 be Three Hundred Fifty Five Thousand Dollars ($355,000). Actual match will be determined based
21 on construction contract award amount; and
22 H. CITY agrees that the overall budget for this PROJECT is a not -to- exceed amount of
23 Eight Hundred Fifty Five Thousand Dollars ($855,000); contingent on TE funding from
24 reauthorization of SAFETEA -LU.
25 I. CITY agrees that any cost overruns shall be the responsibility of the CITY.
26 /
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1 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 Ca!trans 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
8 The actions required to be taken by CITY in the implementation of this Agreement are
9 delegated to its Director of Public Works, or designee, and the actions required to be taken by
to 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
18 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.
zo 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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AGREEMENT NO. C -0 -1813
1 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
5 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
10 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
18 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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1 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.
4 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
9 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
11 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
14 cause beyond i is control, including but not limited to; any incidence of fire, flood; acts of God;
15 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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1 K. Governing Law: The laws of the State of California and applicable local and federal
2 laws, regulations and guidelines shall govern this Agreement.
3 L. Litigation fees: Should litigation arise out of this Agreement for the performance thereof,
4 the court shall award costs and expenses, including attorney's fees, to the prevailing party.
s M. Notices: Any notices, requests, or demands made between the parties pursuant to this
6 Agreement are to be directed as follows:
7 To CITY: To AUTHORITY:
8 City of Seal Beach Orange County Transportation Authority
9 211 Eighth Street 550 South Main Street
10 Seal Beach, CA 90740 P. O. Box 14184
11 Orange, CA 92863 -1584
12 Attention: David N. Carmany, Attention: Ms. Reem Hashem
13 City Manager Principal Contract Administrator.
14 Tel: 562 - 431 -2527, Ext. 1300 714- 560 -5446
15 Email: dcarmany @ci.seal - beach.ca.us Email: rhashem @octa.net
16 Cc: Ben Ku, Senior Transportation
17 Funding Analyst
18
19 /
20 /
21 /
22 /
23 /
24 /
25 /
26 /
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1 This Agreement shall be effective upon execution by both parties.
2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C -0 -1813 to be
3 executed on the date first above written.
4 CITY OF SEAL BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY
5
6 By: By:
David W. Sloan Will. Kempton
Mayor Chief Executive Officer
7
8
ATTEST: APPROVED AS TO FORM:
9
to By: By: '1 '/
Linda Devine Kennard R. Smart, Jr.
11 City Clerk General Counsel
12 APPROVED AS TO FORM: APPROVAL RECOMMENDED:
13
By: By:
14 Quinn Barrow Kia Mortazavi
City Attorney Executive Director, Planning
15
16 Dated: Dated:
17
18
19
20
21
22
23
24
25
26
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EXHIBIT A
EXHIBIT A: TE FUNDING PLAN
OCTA
Project Title: Lampson Avenue Median Improvements
Agency: Seal Beach Date: October 25, 2010
Completion
Schedule Date
Draft Environmental Document Sept. 2010
Final Environmental Document Nov. 2010
Begin Design Engineering Started
Plans, Specifications, and Cost Estimates complete Dec. 2010
Start Right -of -Way Acquisition N/A
Right -of -Way Certification N/A
Submit Request for Authorization for Const (E -76) Dec. 2010
Ready to Advertise Apr. 2011
Award Construction June 2011
Project Completion (open for use) Dec. 2011
Funding: TE Grant $500,000 Local Match $355,000 42%
Preliminary Engineering ($000's)
Fund Source Fiscal Original Planned Allocation
Year
Local CJy Funds 2010 -11 $100
Right -of -Way ($000's)
Fund Source Fiscal Original Planned Allocation
Year
Construction ($000's)
Fund Source Fiscal Original Planned Allocation
Year
STIP -TE 2010 -11 $500
Gas Tax, Measure M, General Funds 2010 -11 $255
Name /Title: Sean Crumby, Director of Public Works
Signature:
Phone: (562) 431 -2527 ext. 1318 Email: scrumbNaci.seal- beach.ca.us
1
AGREEMENT NO. C -0 -1813
EXHIBIT B
EXHIBIT B: TE SEMI ANNUAL REPORT
OCTA
Project Title:
Agency: Date:
Original Current
Completion Completion
Schedule 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)
Ready to Advertise
Award Construction
Project Completion (open for use)
Funding Table:
Preliminary Engineering ($000's)
Fund Source Fiscal Original Current Actual Remaining
Year Planned Estimates Expended Allocation
Allocation
Right -of -Way ($000's)
_ Fund Source Fiscal Original Current Actual Remaining
Year Planned Estimates Expended Allocation
Allocation
Construction ($000's)
Fund Source Fiscal Original Revised Actual Remaining
Year Planned Allocation Expended Allocation
Allocation
1
AGREEMENT NO. C -0 -1813
EXHIBIT B
Major Activities:
Status:
Issues:
Name /Title:
Signature:
Phone: Email:
2
AGREEMENT NO. C -0 -1813
EXHIBIT C
PT/ EXHIBIT C: TE FINAL PROJECT REPORT FORM
Date
OCTA
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
Location and Scope of Work
Verification of Match
(Actual Expenditures)
Local Match " •
Other
(ENTER (ENTER (ENTER OCTA Match
Phase SOURCE) SOURCE) SOURCE) TE Grant Funding Total Rate
Engineering $ - $ - $ - $ - $ - $ - 0%
Right -of -Way $ - $ - $ - $ - $ - $ -
Construction $ - $ - $ - $ - $ - $ -
Total $ - $ - $ - $ - $ - $ -
Project Schedule
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
Ready to Advertise
Award Construction
Project Completion (open for use)
Page 1
•
1 COOPERATIVE AGREEMENT NO. C -0 -1814
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITY OF SEAL BEACH
6 FOR
7 FEDERAL TRANSPORTATION ENHANCEMENT PROJECT
8 SEAL BEACH BOULEVARD MEDIAN IMPROVEMENTS
9 THIS AGREEMENT is effective this day of 2010, by and
10 between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184,
11 Orange, California 92863 -1584, a public corporation of the State of California (hereinafter referred to
12 as "AUTHORITY "), and the City of Seal Beach, a municipal corporation duly organized and. existing
13 under the constitution and laws of the State of California (hereinafter referred to as "CITY ").
14 RECITALS:
15 WHEREAS, AUTHORITY and the CITY desire to enter into a Cooperative Agreement to
16 define the roles and responsibilities related to funding between the AUTHORITY and CITY for
17 engineering, right -of -way acquisition, and construction of Seal Beach Boulevard Median
18 Improvements; (hereinafter referred to as "PROJECT "); and
19 WHEREAS, CITY is an eligible recipient of Federal funding under the 2010 Transportation
20 Enhancement (TE) program and the PROJECT is eligible for TE funding; and
21 WHEREAS, on September 27, 2010, the AUTHORITY's Board of Directors, approved
22 providing funding of up to Three Hundred Eighty Eight Thousand Five Hundred Dollars ($388,500)
23 or 74% of the total project of TE funds, and identifying One Hundred Thirty Seven Thousand Five
24 Hundred Dollars ($137,500) of CITY local match for a total of Five Hundred Twenty Six Thousand
25 Dollars ($526,000); and
26 /
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1 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 Five Hundred Twenty Six Thousand Dollars ($526,000) in accordance with Exhibit A titled "TE
4 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
8 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
11 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
18 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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1 WHEREAS, the AUTHORITY's Board of Directors approved the Cooperative Agreement on
2 September 27, 2010; and
3 WHEREAS, the CITY's Council approved the Cooperative Agreement on this day of
4 2010.
s NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
6 follows:
7 ARTICLE 1. COMPLETE AGREEMENT
8 . A. This Agreement, including any attachments incorporated herein and made applicable
9 by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of
10 this agreement between AUTHORITY and CITY and it supersedes all prior representations,
11 understandings, and communications. The invalidity in whole or in part of any term or condition of
12 this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The
13 above referenced Recitals are true and correct and are incorporated by reference herein.
14 B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any
15 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
16 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s),
17 and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any
18 portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed
19 in writing by an authorized representative of AUTHORITY by way of a written amendment to this
20 Agreement and issued in accordance with the provisions of this Agreement.
21 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any
22 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
23 CITY's right to such performance or to future performance, of such term(s) or condition(s), and
24 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any
25 portion of this Agreement shall not be binding upon CITY except when specifically confirmed in
26 writing by an authorized representative of CITY by way of a written amendment to this Agreement
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AGREEMENT NO. C -0 -1814
1 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
8 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 Five Hundred Twenty Six
11 Thousand Dollars ($526,000) 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
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
18 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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AGREEMENT NO. C -0 -1814
1 the request of the OCTA (EXHIBIT B titled "TE Semi - Annual Report ").
2 C. CITY is responsible for submitting a final report upon completion of the project at the
3 request of the OCTA (EXHIBIT C titled "TE Final Project Report Form ").
4 D. CITY is responsible for preparing and submitting to AUTHORITY all California
s Transportation Commission (CTC) documentation needed for Allocation Vote two months prior to
6 CTC meeting and no later than February 1 of the fiscal year for which funds are programmed.
7 E. CITY is responsible for preparing and submitting all necessary Caltrans required
8 documentation including Request for Authorization to Proceed (E -76). CITY cannot proceed with
9 advertisement of project or any work prior to E -76 authorization. CITY agrees to submit E -76 to
10 Caltrans District 12 by February 1 of the year for which funds are programmed. All prior approvals,
11 including but not limited to California Department of Transportation environmental approval and
12 right -of -way certification (if applicable), must be attained prior to February 1 to meet this
13 requirement.
14 F. CITY acknowledges that if the allocation request and E -76 are not submitted to
15 AUTHORITY and Caltrans by February 1, and the CITY has not attained the required approval of
16 environmental and right -of -way certification (if applicable) by this date or has not advanced the
17 project to ready -to -list stage as determined through Caltrans guidelines the proposed funding will be
18 cancelled by AUTHORITY.
19 G. CITY agrees to provide a minimum of 26% of the final project cost in City funds for
20 construction as the required local match. Based on the existing budget, this amount is estimated to
21 be One Hundred Thirty Seven Thousand Five Hundred Dollars ($137,500). Actual match will be
22 determined based on construction contract award amount; and
23 H. CITY agrees that the overall budget for this PROJECT is a not -to- exceed amount of
24 Five Hundred Twenty Six Thousand Dollars ($526,000); contingent on TE funding from
25 reauthorization of SAFETEA -LU.
26 I. CITY agrees that any cost overruns shall be the responsibility of the CITY.
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AGREEMENT NO. C -0 -1814
1 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
8 The actions required to be taken by CITY in the implementation of this Agreement are
9 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
18 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 Toss 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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AGREEMENT NO. C -0 -1814
1 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
5 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death,
6 worker's compensation subrogation claims, damage to or Toss 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
10 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
18 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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AGREEMENT NO. C -0 -1814
1 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.
4 F. Severability: If any term, provision, covenant or condition of this Agreement is held to
5 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
9 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
11 permitted.
12 H. Force Maieure: 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
14 cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God;
15. 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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AGREEMENT NO. C -0 -1814
1 K. Governing Law: The laws of the State of California and applicable local and federal
2 laws, regulations and guidelines shall govern this Agreement.
3 L. Litigation fees: Should litigation arise out of this Agreement for the performance thereof,
4 the court shall award costs and expenses, including attorney's fees, to the prevailing party.
5 M. Notices: Any notices, requests, or demands made between the parties pursuant to this
6 Agreement are to be directed as follows:
7 To CITY: To AUTHORITY:
8 City of Seal Beach Orange County Transportation Authority
9 211 Eighth Street 550 South Main Street
10 Seal Beach, CA 90740 P. O. Box 14184
11 Orange, CA 92863 -1584
12 Attention: David N. Carmany, Attention: Ms. Reem Hashem
13 City Manager Principal Contract Administrator
14 Tel: 562 - 431 -2527, Ext. 1300 714- 560 -5446
15 Email: dcarmany @ci.seal - beach.ca.us Email: rhashem @octa.net
16 Cc: Ben Ku, Senior Transportation
17 Funding Analyst
18 ./
19 /
20 /
21 /
22 /
23 /
24 /
25 /
26 /
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AGREEMENT NO. C -0 -1814
1 This Agreement shall be effective upon execution by both parties.
2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C -0 -1814 to be
3 executed on the date first above written.
4 CITY OF SEAL BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY
5
6 By: By:
David W. Sloan Will Kempton
7
Mayor Chief Executive Officer
8
ATTEST: APPROVED AS TO FORM:
9
10 By: By:
Linda Devine Ken ard R. Smart, Jr.
11 City Clerk General Counsel
1 2 APPROVED AS TO FORM: APPROVAL RECOMMENDED:
13
By: By:
14 Quinn Barrow Kia Mortazavi
City Attorney Executive Director, Planning
15
16 Dated: Dated:
17
18
19
20
21
22
23
24
!25
4 : 26
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AGREEMENT NO. C -0 -1814
EXHIBIT A
EXHIBIT A: TE FUNDING PLAN
OCTA
Project Title: Seal Beach Boulevard Median Improvements
Agency: Seal Beach Date: October 25, 2010
Completion
Schedule Date
Draft Environmental Document Sept. 2010
Final Environmental Document Nov. 2010
Begin Design Engineering Started
Plans, Specifications, and Cost Estimates complete Dec. 2010
Start Right -of -Way Acquisition N/A
Right -of -Way Certification N/A
Submit Request for Authorization for Const (E -76) Dec: 2010
Ready to Advertise Apr. 2011
Award Construction June 2011
Project Completion (open for use) Dec. 2011
Funding: TE Grant $388,500 Local Match $137,500 26%
Preliminary Engineering ($000's)
Fund Source Fiscal Original Planned Allocation
Year
Local City Funds 2010 -11 $70
Right -of -Way ($000's)
Fund Source Fiscal Original Planned Allocation
Year
Construction ($000's)
Fund Source Fiscal Original Planned Allocation
Year
STIP -TE 2010 -11 $389
Gas Tax, Measure M, General Funds 2010 -11 $68
Name /Title: Sean Crumby, Director of Public Works
Signature:
Phone: (562) 431 -2527 ext. 1318 Email: scrumby(a�ci.seal- beach.ca.us
1
AGREEMENT NO. C -0 -1814
EXHIBIT B
EXHIBIT B: TE SEMI ANNUAL REPORT
OCTA
Project Title:
Agency: Date:
Original Current
Completion Completion
Schedule 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)
Ready to Advertise
Award Construction
Project Completion (open for use)
Funding Table:
Preliminary Engineering ($000's)
Fund Source Fiscal Original Current Actual Remaining
Year Planned Estimates Expended Allocation
Allocation
Right -of -Way ($000's)
Fund Source Fiscal Original Current Actual Remaining
Year Planned Estimates Expended Allocation
Allocation
Construction ($000's)
Fund Source Fiscal Original Revised Actual Remaining
Year Planned Allocation Expended Allocation
Allocation
1
AGREEMENT NO. C -0 -1814
EXHIBIT B
Major Activities:
Status:
Issues:
Name /Title:
Signature:
Phone: Email:
•
2
AGREEMENT NO. C -0 -1814
EXHIBIT C
EXHIBIT C: TE FINAL PROJECT REPORT FORM
Date
OCTA
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
Location and Scope of Work
•
Verification of Match
(Actual Expenditures)
Local Match
Other
(ENTER (ENTER (ENTER OCTA Match
Phase SOURCE) SOURCE) SOURCE) TE Grant Funding Total Rate
Engineering $ - $ - $ - $ - $ - $ 0%
Right -of -Way $ - $ - $ - $ - $ - $ -
Construction $ - $ - $ - $ - $ $ -
Total $ $ - $ - $ - $ - $ -
Project Schedule
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
Ready to Advertise
Award Construction
Project Completion (open for use)
Page 1