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HomeMy WebLinkAbout04 - TE Grant FundingCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 December 6, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, Senior Civil Engineer 949 - 644 -3323 or ilee @newportbeachca.gov SUBJECT: APPROVE COOPERATIVE AGREEMENT NO. C -0 -1811 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR TE GRANT FUNDING ISSUE To enter into an cooperative agreement with the Orange County Transportation Authority (OCTA) for Transportation Enhancement Grant Funding. RECOMMENDATION Approve Cooperative Agreement No. C -0 -1811 between Orange County Transportation Authority and City of Newport Beach for Federal Transportation Enhancement Project — Bristol Street North Landscape Improvements. DISCUSSION On June 8, 2010, City Council approved Resolution 2010 -51 authorizing the application for Transportation Enhancement (TE) program funds. On September 27, 2010, OCTA Board of Directors selected the Bristol Street North Landscape Improvements as a recommended project under this program. This project will introduce "water- friendly" landscaping and a water- efficient irrigation system to an existing dirt shoulder along Bristol Street North, between Campus Drive and Jamboree Road. As part of the funding requirements, the City must enter into a cooperative agreement with OCTA defining the roles and responsibilities related to funding between the two parties. Under this agreement, TE funding up to $346,700.00 will be granted, with a City match of $122,000.00, for a project estimated total of $468,700.00. The program requires all Caltrans clearances and requirements to be met prior to the February 1, 2011 California Transportation Commission (CTC) deadline. Staff is currently working with Caltrans to obtain the required environmental clearances to apply Approve Cooperative Agreement No. C -0 -1811 with OCTA for TE Grant Funding December 6, 2010 Page 2 for the Authorization to Proceed (E -76). Construction bids may not be solicited until CTC approval and Federal Authorization to Proceed (TE) has been issued. ENVIRONMENTAL REVIEW A CEQA Notice of Exemption was filed with the Orange County Recorder's Office on February 16, 2010. Staff is currently seeking NEPA determination from Caltrans. PUBLIC NOTICE The agenda item was noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item. FUNDING AVAILABILITY The City's proposed match of $122,000.00 will be appropriated from the Bristol Street Relinquishment funds. Prepared by: is Lee�- Senior Civil Engineer Attachments: Cooperative Agreement No. C -0 -18 Project Location Map Submitted by: Director W PROJECT AREA PROJECT AREA w U m W q K U H yW� R' F- m PROJECT AREA IPRCJECT AREA v � N � K a m o ¢ �¢ PROJECT LOCATION MAP BRISTOL STREET N. LANDSCAPE IMPROVEMENTS CITY OF NEWPORT BEACH COOPERATIVE AGREEMENT NO. C -0 -1811 2 BETWEEN 3 ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND s CITY OF NEWPORT BEACH G FOR 7 FEDERAL TRANSPORTATION ENHANCEMENT PROJECT s BRISTOL STREET NORTH LANDSCAPE 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 u as "AUTHORITY "), and the City of Newport Beach, a municipal corporation duly organized and 13 existing under the constitution and laws of the State of California (hereinafter referred to as "CITY "). 14 RECITALS: is 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 Bristol Street North Landscape is 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 Forty Six Thousand Seven Hundred Dollars ($346,700) or 23 74% of the total project of TE funds, and identifying One Hundred Twenty Two Thousand Dollars 24 ($122,000) of CITY local match for a total of Four Hundred Sixty Eight Thousand Seven Hundred 25 Dollars ($468,700); and 26 / Page 1 of 10 L'. Camm\ CLERICAL \CLERICAL%WORDPROMOREEAG01811 1 2 3 4 5 6 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25' 26 AGREEMENT NO. C -0 -1811 WHEREAS, CITY and AUTHORITY agree that the total full funding for the PROJECT including engineering, right -of -way acquisition, construction management and construction shall be Four Hundred Sixty Eight Thousand Seven Hundred Dollars ($468,700) in accordance with Exhibit A titled "TE Funding Plan ", which is attached herein and incorporated by reference; and WHEREAS, AUTHORITY and CITY agree that Caltrans and Federal Highway Administration (FHWA) authorization is required following the AUTHORITY's amendment to the Federal Transportation Improvement Program (FTIP), and in order to proceed or commence each phase of PROJECT for performance under this Agreement; 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 until December of 2010. 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 Transportation Enhancement (TE) program on behalf of the Federal Highways 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 in 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. 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. Page 2 of 10 LCamm\ CLERICAL \CLERICAL \WOROPROCWGREEAG01811 AGREEMENT NO. C -0 -1811 I WHEREAS, the AUTHORITY's Board of Directors approved the Cooperative Agreement on z September 27, 2010; and 3 WHEREAS, the CITY's Council approved the Cooperative Agreement on this day of a 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 iz 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. is B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any is 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), iv 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 conditions) 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 za AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any zs 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 Page 3 of 10 L: Camm1CLERICALICLERICALIWOROPROCWORE £14001811 AGREEMENT NO. C -0 -1811 t and issued in accordance with the provisions of this Agreement. 2 ARTICLE 2. SCOPE OF AGREEMENT 3 This Agreement specifies the roles and responsibilities of the PARTIES as they pertain to the 4 subjects and projects addressed herein. Both AUTHORITY and CITY agree that each will cooperate s and coordinate with the other in all activities covered by this Agreement and any other supplemental 6 agreements that may be required to facilitate purposes thereof. 7 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY s AUTHORITY agrees to the following responsibilities for PROJECT: v 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 Four Hundred Sixty Eight ii Thousand Seven Hundred Dollars ($468,700) in accordance with the funding plan outlined in Exhibit 12 A, whereby AUTHORITY's performance under this Agreement is contingent upon SCAG and FHWA 13 approval. 14 B. AUTHORITY shall provide assistance to CITY in securing the TE funds. 15 C. AUTHORITY shall not be obligated to program any amount beyond what has been 16 identified in this Article. 17 D. AUTHORITY shall process any required FTIP amendments. rs E. AUTHORITY shall review and approve the CITY's request for allocation prior to iv submittal to Caltrans District 12. 20 F. AUTHORITY shall cancel projects for which the CITY has not submitted an E -76 and 21 Allocation Request by February 1 of the fiscal year for which funds are programmed and, or has not 22 advanced the project to ready -to -list stage as determined by Caltrans guidelines. 23 ARTICLE 4. RESPONSIBILITIES OF CITY 24 CITY agrees to the following responsibilities for PROJECT: 2s 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 LOmm1CLERICAL\CLERICALIW ORDPROCAGREE WG01811 1 z 3 4 5 6 7 s 9 1a 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 2s 26 AGREEMENT NO. C -0 -1811 B. CITY is responsible for submitting semi - annual review reports for the PROJECT at the request of the OCTA (EXHIBIT B titled "TE Semi - Annual Report"), C. CITY is responsible for submitting a final report upon completion of the project at the request of the CCTA (EXHIBIT C titled "TE Final Project Report Form "). D. CITY is responsible for preparing and submitting to AUTHORITY all California Transportation Commission (CTC) documentation needed for Allocation Vote two months prior to CTC meeting and no later than February 1 of the fiscal year for which funds are programmed. E. CITY is responsible for preparing and submitting all necessary Caltrans required documentation including Request for Authorization to Proceed (E -76). CITY cannot proceed with advertisement of project or any work prior to E -76 authorization. CITY agrees to submit E -76 to Caltrans District 12 by February 1 of the year for which funds are programmed. All prior approvals, including but not limited to California Department of Transportation environmental approval and right -of -way certification (if applicable), must be attained prior to February 1 to meet this requirement. F. CITY acknowledges that if the allocation request and E -76 are not submitted to AUTHORITY and Caltrans by February 1, and the CITY has not attained the required approval of environmental and right -of -way certification (if applicable) by this date or has not advanced the project to ready -to -list stage as determined through Caltrans guidelines the proposed funding will be cancelled by AUTHORITY. G. CITY agrees to provide a minimum of 26% of the final project cost in City funds for construction as the required local match. Based on the existing budget, this amount is estimated to be One Hundred Twenty Two Thousand Dollars ($122,000). Actual match will be determined based on construction contract award amount; and H. CITY agrees that the overall budget for this PROJECT is a not -to- exceed amount of Four Hundred Sixty Eight Thousand Seven Hundred Dollars ($468,700); contingent on TE funding from reauthorization of SAFETEA -LU, Page 5 of 10 L:C.wm CLERICALICLERICAIWOROPROCWGRE M001811 AGREEMENT NO. C -0 -1811 1 I. CITY agrees that any cost overruns shall be the responsibility of the CITY. 2 J. CITY is responsible for completing the PROJECT in accordance with the funding plan 3 (EXHIBIT A), timely use of funds requirements, and to abide by all TE programming guidelines, 4 State Transportation Improvement Program Guidelines, and any and all other requirements of the s federal, state, and Caltrans related to the TE. 6 K. CITY agrees that cost savings shall be distributed proportionally with TE and local 7 funding. 8 ARTICLE 5. DELEGATED AUTHORITY v The actions required to be taken by CITY in the implementation of this Agreement are 10 delegated to its Director of Public Works, or designee, and the actions required to be taken by 11 AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief 12 Executive Officer, or designee. 13 ARTICLE 6. AUDIT AND INSPECTION 14 AUTHORITY and CITY shall maintain a complete set of records in accordance with generally Is accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized 16 representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, 17 and other data and records of CITY for a period of four (4) years after final payment, or until any on- is going audit is completed. For purposes of audit, the date of completion of this Agreement shall be iv the date of AUTHORITY's payment of CITY's final billing (so noted on the invoice) under this 20. Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. 21 The above provision with respect to audits shall extend to and /or be included in construction 22 contracts with CITY's contractor. 23 ARTICLE 7. INDEMNIFICATION 24 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, 25 employees and agents from and against any and all claims (including attorney's fees and reasonable 26 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, Page 6 of 10 L'.Camm\ CLERICAL %CLERICAL%WOROPROCAGREEO G01811 AGREEMENT NO. C -0 -1811 1 worker's compensation subrogation claims, damage to or loss of use of property alleged to be 2 caused by the negligent acts, omissions or willful misconduct by CITY, its officers, directors, 3 employees or agents in connection with or arising out of the performance of this Agreement. 4 B. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors, s employees and agents from and against any and all claims (including attorney's fees and reasonable 6 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, 7 worker's compensation subrogation claims, damage to or loss of use of property alleged to be s caused by the negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, 9 employees or agents in connection with or arising out of the performance of this Agreement. 10 C. The indemnification and defense obligations of this Agreement shalt survive its 11 expiration or termination. 12 ARTICLE 8. ADDITIONAL PROVISIONS 13 The AUTHORITY and CITY agree to the following mutual responsibilities: 14 A. Term of Agreement: This Agreement shall continue in full force and effect through 1s project completion and final acceptance by AUTHORITY, or 42 months from the date of CTC allocation, 16 whichever is earlier. This Agreement may be extended at the mutual consent of both parties. 17 B. Termination: This agreement is null and void if project is not funded. AUTHORITY shall 1a cancel projects for which the CITY has not submitted an E -76 and Allocation Request by February 1 of 19 the fiscal year for which funds are programmed and, or has not advanced the project to ready stage as 20 determined by AUTHORITY. This Agreement may be terminated by either party after giving thirty (30) 21 days written notice. This Agreement shall not be terminated without mutual 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, 21 statues, ordinances and regulations of any governmental authority having jurisdiction over the 26 PROJECT. Page 7 of 10 t:CamM CLERICAL�CL RIMIWOftOPROCIACREEVAO01811 1 z 3 a s 6 s 9 1a u 1z 13 14 . is, 16 17 1s 19 20 21 22 23 24, zs 26 AGREEMENT NO. C -0 -1811 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. Assignment: 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 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. Page 8 of 10 L'.Cam CLERICALICLEPoCARNgRCPROCIAGREE M1811 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 AGREEMENT NO. C -0 -1811 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 CITY: To AUTHORITY: City of Newport Beach Orange County Transportation Authority 3300 Newport Boulevard 550 South Main Street Newport Beach, CA 92663 P. O. Box 14184 Orange, CA 92863 -1584 Attention: Mr. David Webb Attention: Ms, Reem Hashem Deputy Public Works Director Principal Contract Administrator 949 -644 -3328 714- 560 -5446 dawebb@newportbeachca.gov Email: rhashem @octa.net Cc: Ben Ku, Senior Transportation Funding Analyst / / Page 9 of 10 L: Ca mm1 CLERICALIGLERICAL IWORDPROONGREEWGO1811 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AGREEMENT NO. C -0 -1811 This Agreement shall be effective upon execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C -0 -1811 to be executed on the date first above written, CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY By: Keith D. Curry Mayor ATTEST: Bv: Leilani I. Brown City Clerk APPROVED AS TO FORM: By: Leonie Mulvihill Assistant City Attorney Dated: Bv: Will Kempton Chief Executive Officer APPROVED AS TO FORM: By: Kennard R. Smart, Jr. General Counsel APPROVAL RECOMMENDED: Kia Mortazavi Executive Director, Planning Dated: Page 10 of 10 LCammtCLERICAUCLEPICAUWORDPROCIAGREEIA (301011 AGREEMENT NO. C -0 -1811 EXHIBIT A MEXHIBIT A: TE FUNDING PLAN OCTA Winter 2010 Project Title: Bristol Street North Landscape Improvements Agency: Newport Beach Date: October 25, 2010 Start Right-of-Way Acquisition Completion Schedule Date Draft Environmental Document Winter 2010 Final Environmental Document Winter 2010 Begin Design Engineering Fall 2009 Plans, Specifications, and Cost Estimates complete Summer 2010 Start Right-of-Way Acquisition N/A Right -of -Way Certification N/A Submit Request for Authorization for Const (E -76) Summer 2010 Ready to Advertise Fall 2010 Award Construction Fall 2010 Project Completion (open for use) Winter 2011 Funding: TE Grant $346,700 Local Match $122,000 26% P,liminnry Fnaineerina oRRono,q) Fund Source Fiscal Year Original Planned Allocation Ciry of Newport Beach General Funds 2010 -11 $28 City of Newport Beach General Funds 2010 -11 1 $94 Right-of-Way ($000's) Fund Source Fiscal Original Planned Allocation Year Fund Source Fiscal Year Original Planned Allocation STIP -TE 2010 -11 1 $347 City of Newport Beach General Funds 2010 -11 1 $94 Name /Title: Iris Lee, Senior Civil Engineer Signature: Phone: (949) 644 -3323 Email: ilee aC)newportbeachea.gov 1 a M OCTA Project Title: Agency: AGREEMENT NO. 0-0 -1811 EXHIBIT B EXHIBIT B: TE SEMI ANNUAL REPORT Date: Original Current Completion Completion Date Date Draft Environmental Document Fiscal Year Original Planned Allocation Final Environmental Document Actuat Expeuded Remaining Allocation Begin Design Engineering Plans, Specifications, and Cost Estimates complete Start Right -of -Way Ac uisition Right-of-Way Certification Submit Request for Authorization for Const E -76 Ready to Advertise Award Construction Project Completion (open for use) Funding Table: rW00,0 _........_. _.. - --- -- - - -, Fund Source Fiscal Year Original Planned Allocation Current Estimates Actuat Expeuded Remaining Allocation R inhf- nf_VJav /Q'nMl'c\ Fund Source Fiscal Year Original Planned Allocation Current Estimates Actual Expended Remaining Allocation r .............: ennn,�) Fund Source Fiscal Year Original Planned Allocation Revised Allocation Actual Expended Remaining Allocation 1 Major Activities: Status: Issues: Name/Title: Signature: Phone: AGREEMENT N0. G -0 -1811 EXHIBIT B E AGREEMENT NO. C -0 -1811 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. Verification of Match (Actual Expenditures) Project Schedule Phase - local- ,atch =:i Draft Environmental Document Final Environmental Document Other (ENTER' (£NT�R (ENTER Start Right-of-Way Acquisition OCTA Phase ; SO,URCE.) S01IF7G) $QUf2E , TE Grant I Fundin Total Engineering $ - $ $ $ - $ - $ - Ri ht -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 Read Advertise Conto Award struction Project Completion (open for use i Match Rate 0% Page 1