HomeMy WebLinkAbout14 - CC-14 - Cooperative Agreement for Bicycle Corrid - 12/6/2016CITY COUNCIL AGENDA REPORT
MEETING DATE: DECEMBER 6, 2016 ITEM NUMBER: CC -14
SUBJECT: COOPERATIVE AGREEMENT FOR THE BICYCLE CORRIDOR IMPROVEMENT
PROGRAM PROJECT - WEST 19TH STREET BICYCLE TRAIL
DATE: NOVEMBER 21, 2016
FROM: PUBLIC SERVICES DEPARTMENT -TRANSPORTATION SERVICES DIVISION
PRESENTATION BY: RAJA SETHURAMAN, INTERIM PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION CONTACT: RAJA SETHURAMAN, INTERIM PUBLIC SERVICES
DIRECTOR, (714) 754-5343
RECOMMENDATION:
Approve Cooperative Agreement between the City of Costa Mesa and the Orange County
Transportation Authority (OCTA) for the Bicycle Corridor Improvement (BCI) Program project -
West 19th Street Bicycle Trail. (Attachment 1).
2. Authorize the Chief Executive Officer and City Clerk to review and accept minor revisions to
the agreement and to execute the above agreement.
BACKGROUND:
The BCI Program is funded using federal Congestion Mitigation and Air Quality (CMAQ) funds,
authorized under the Fixing America's Surface Transportation (FAST) Federal Transportation Act.
The CMAQ Program provides funding through annual appropriations to OCTA for transportation -
related projects that reduce congestion and improve air quality. OCTA is responsible for selecting
regionally significant projects for Orange County and working with the State of California
Department of Transportation (Caltrans) in administering selected projects.
The California Active Transportation Program (ATP) authorized under California Senate Bill 99 is
funded with Federal and State funds. The California Transportation Commission (CTC) has the
authority to approve ATP funding.
In 2014, Public Services staff applied for a BCI Program grant and was successful in capturing
federal funding for the West 19th Street Bicycle Trail Project in the amount of $385,000. In August
2014, CTC approved ATP funding of up to $1,319,000 for the project, resulting in the total funding of
$1,704,000 for the subject project.
The West 19th Street Bicycle Trail project provides a combination of a bicycle route, lanes, and a trail
to provide a bicycle and pedestrian connection along West 19th Street and the Talbert Nature
Preserve between Placentia Avenue and the Santa Ana River, connecting to the Greenville -Banning
Channel Trail. Within the Talbert Nature Preserve, the trail generally uses the Southern California
Edison (SCE) easement.
ANALYSIS:
The attached Cooperative Agreement defines the terms and conditions for the BCI Program and
ATP funding for the West 19th Street Bicycle Trail project. OCTA will fund, administer, monitor, and
audit all the BCI Program projects. The City of Costa Mesa will be responsible for project
implementation and will be required to meet federal funding guidelines. The City will also be
responsible to coordinate with Caltrans on the administration of ATP funding.
The City has been proactive in expanding Active Transportation opportunities and this important
project will continue the City's promotional efforts. Receipt of grant funding will also relieve the City
from the considerable financial responsibility for this project. Staff recommends execution of the
Cooperative Agreement to enable the implementation of the subject project.
ALTERNATIVES CONSIDERED:
One alternative would be not to approve the Cooperative Agreement. However, this alternative would
result in the loss of substantial funding for improving the bicycle infrastructure within the City of Costa
Mesa. It will result in the City relinquishing the BCI Program federal grant funds of approximately
$385,000 captured for this project.
FISCAL REVIEW:
There is no match funding required for this project. The City is responsible for the design and
environmental phases of the project. A total of $240,000 has been expended towards these phases.
LEGAL REVIEW:
The City Attorney's office has reviewed the attached Cooperative Agreement and has approved it as
to form with minor revisions. Staff requests authorization for the Chief Executive Officer and City
Clerk to review and accept minor revisions to the agreement as it undergoes final review by OCTA.
CONCLUSION:
Staff captured a BCI Program and ATP grant funding for the West 19th Street Bicycle Trail project.
This project improves the City's bicycle and pedestrian infrastructure by providing a bicycle facility
connection along West 19th Street and the Talbert Nature Preserve from Placentia Avenue to the
Santa Ana River and the Pacific Ocean. Staff requests that the City Council approve the attached
Cooperative Agreement between the City of Costa Mesa and OCTA for the implementation of this
project. Staff also requests the City Council's authorization for the Chief Executive Officer and City
Clerk to review and accept minor revisions by OCTA and execute the agreement.
RAJA SETHURAMAN
Interim Public Services Director
ATTACHMENT: 1 - Cooperative Agreement C-6-1425 - West 19th Street Bicycle Trail Project
DISTRIBUTION: Chief Executive Officer
Assistant Chief Executive Officer
City Attorney
City Clerk Division
Staff
File
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ATTACHMENT 1
COOPERATIVE AGREEMENT NO. C-6-1425
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF COSTA MESA
FOR
THE BICYCLE CORRIDOR IMPROVEMENT PROGRAM PROJECT
WEST 19TH STREET BICYCLE TRAIL
THIS COOPERATIVE AGREEMENT is effective this day of
2016, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box
14184, Orange, California 92863-1584, a public corporation of the State of California (hereinafter
referred to as "AUTHORITY"), and City of Costa Mesa, 77 Fair Drive, Costa Mesa, CA 92626, a
municipal corporation duly organized and existing under the constitution and laws of the State of
California (hereinafter referred to as "CITY") each individually known as "PARTY" and collectively
known as "PARTIES."
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 construction phase
of CITY's West 191 Street Bicycle Trail project as defined in the scope of work provided in
AUTHORITY's Bicycle Corridor Improvement Program 2014 Call for Projects, herein incorporated by
reference (hereinafter referred to as "PROJECT"); and
WHEREAS, the Bicycle Corridor Improvement Program is funded with Congestion Mitigation
and Air Quality Improvement (hereinafter referred to as "CMAQ") funds; and
WHEREAS, the California Active Transportation Program (hereinafter referred to as "ATP"),
authorized under California Senate Bill 99 (Chapter 359, Statutes of 2013), is funded with Federal and
State funds; and
WHEREAS, the CMAQ is authorized under the Fixing America's Surface Transportation (FAST)
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AGREEMENT NO. C-6-1425
WHEREAS, contingent on California Department of Transportation (hereinafter referred to as
"Caltrans") and the Federal Highway Administration (hereinafter referred to as FHWA) approval,
PROJECT and CITY are eligible for CMAQ funding; and
WHEREAS, on January 13, 2014, AUTHORITY's Board of Directors approved the Cooperative
Agreement to provide up to Three Hundred Eighty -Five Thousand Dollars ($385,000.00) in CMAQ
funds for PROJECT; and
WHEREAS, on August 20, 2014, the California Transportation Commission (hereinafter referred
to as "CTC"), approved providing funding to CITY of up to One Million Three Hundred Nineteen
Thousand Dollars ($1,319,000.00) in ATP funds; and
WHEREAS, CITY and AUTHORITY agree that the total funding for PROJECT for the
construction phase will be One Million Seven Hundred Four Thousand Dollars ($1,704,000) in
accordance with Exhibit A, titled "Bicycle Corridor Improvement Program Funding Plan", which is
attached hereto and incorporated herein by reference; and
WHEREAS, AUTHORITY and CITY agree that CMAQ and ATP funding for PROJECT is
contingent upon funding being available through the FAST Act and PROJECT and CITY maintaining
eligibility for this funding; and
WHEREAS, AUTHORITY and CITY agree that Caltrans and FHWA authorization is required in
order to proceed or commence each phase of PROJECT for performance under this Cooperative
Agreement; and
WHEREAS, AUTHORITY is responsible for programming the CMAQ funds to projects within
Orange County through the Federal Transportation Improvement Program (hereinafter referred to as
"FTIP"), and Caltrans administers the CMAQ program on behalf of the FHWA and is responsible for
acquiring federal approvals for PROJECT on behalf of CITY, determining federal eligibility, compliance
with federal requirements, and reimbursement for project activities; and
WHEREAS, CITY agrees that AUTHORITY reserves the right to change the fund source
programmed by AUTHORITY to PROJECT; and R, ),
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AGREEMENT NO. C-6-1425
WHEREAS, CITY agrees to act as lead agency for engineering, right-of-way acquisition,
construction management and construction of PROJECT; and
WHEREAS, this Cooperative Agreement defines the specific terms and conditions and funding
responsibilities between AUTHORITY and CITY for use of CMAQ funding for completion of PROJECT;
and
WHEREAS, CITY's Council approved the Cooperative Agreement on day of
2016;
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
follows:
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by
reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this
Agreement between AUTHORITY and CITY and it supersedes all prior representations,
understandings, and communications between the PARTIES relating to the subject matter of this
Agreement. 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 condition(s) of this Agreement. The above referenced Recitals are true
and correct and are incorporated by reference herein.
B. AUTHORITY's failure to insist on any instance(s) of CITY's performance of any term(s)
or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's
right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation
in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall
not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized
representative of AUTHORITY by way of a written amendment to this Agreement and issued in
accordance with the provisions of this Agreement.
C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s)
or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to
such performance or to future performance of such term(s) or condition(s), and AUTHORITY's
3"
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AGREEMENT NO. C-6-1425
1 obligation in respect thereto shall continue in full force and effect. Changes to any portion of this
2 Agreement shall not be binding upon CITY except when specifically confirmed in writing by an
3 authorized representative of CITY by way of a written amendment to this Agreement and issued in
4 accordance with the provisions of this Agreement.
5 ARTICLE 2. SCOPE OF AGREEMENT
6 This Agreement specifies the roles and responsibilities of the PARTIES as they pertain to the
7 subjects and PROJECTS addressed herein. Both AUTHORITY and CITY agree that each will
8 cooperate and coordinate with the other in all activities covered by this Agreement and any other
9 supplemental agreements that may be required to facilitate purposes thereof.
10 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
11 AUTHORITY agrees to the following responsibilities for PROJECT:
12 A. AUTHORITY shall formally request on behalf of CITY that the Southern California
13 Association of Governments (hereinafter referred to as "SCAG") amend the FTIP to program up to the
14 amount set forth in the Bicycle Corridor Improvement Program Funding Plan outlined in
15 Exhibit A, whereby AUTHORITY's performance under this Cooperative Agreement is contingent upon
16 SCAG, Caltrans and FHWA approval.
17 B. AUTHORITY shall provide assistance to CITY in securing the CMAQ funds.
18 C. AUTHORITY shall not be obligated to authorize any amount beyond what has been
19 identified in this Agreement as CMAQ funds and what is ultimately approved for PROJECT by Caltrans
20 and FHWA.
21 D. AUTHORITY shall process any required FTIP amendments.
22 E. AUTHORITY shall review and approve CITY's request for obligation of CMAQ funds
23 prior to submittal to Caltrans District 12.
24 F. AUTHORITY shall cancel projects for which CITY has not submitted request for
25 authorization to proceed (hereinafter referred to as "E-76 Request") by February 1 of the year the funds
26 are programmed.
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AGREEMENT NO. C-6-1425
1 ARTICLE 4. RESPONSIBILITIES OF CITY
2 CITY agrees to the following responsibilities for PROJECT:
3 A. CITY shall act as the lead agency for the engineering, right-of-way, construction and
4 construction management of PROJECT.
5 B. CITY shall comply with all local, state, and federal project delivery requirements
6 including but not limited to Disadvantaged Business Enterprise, American with Disabilities Act, and Buy
7 America provisions.
8 C. CITY shall submit National Environmental Policy Act (NEPA), the California
9 Environmental Quality Act (CEQA) environmental documentation, and ATP allocation request to
10 Caltrans and CTC.
11 D. CITY is responsible for preparing and submitting to AUTHORITY an Engineer's
12 Estimate of PROJECT cost ninety (90) days prior to E-76 Request.
13 E. CITY is responsible for preparing and submitting all necessary Caltrans -required
14 documentation including E-76 Request and Allocation Request. CITY agrees to submit an E-76
15 Request to Caltrans District 12 by February 1 of the year the funds are programmed, consistent with the
16 fiscal year identified in Exhibit A.
17 F. CITY acknowledges that if the E-76 Request for CMAQ funds is not approved by
18 Caltrans by May 1St of the year the funds are programmed, or CITY has not advanced PROJECT to
19 ready -to -list stage as determined through Caltrans guidelines by this date, or PROJECT is found
20 ineligible by Caltrans and FHWA, the proposed funding shall be cancelled by AUTHORITY.
21 G. CITY agrees that AUTHORITY will provide 22.59% of the final construction phase cost
22 in CMAQ funds, contingent on availability of CMAQ funding. Based on the existing budget, this amount
23 is estimated to be Three Hundred Eighty -Five Thousand Dollars ($385,000.00).
24 H. CITY shall follow applicable procurement procedures outlined in the Caltrans Local
25 Assistance Programs Guide (hereinafter referred to as "LAPM") Chapter 10 Consultant Selection and
26 Chapter 15 Advertise and Award Project.
I. CITY shall not advertise or award a contract before FHWA authorization to prod.
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AGREEMENT NO. C-6-1425
J. CITY shall invoice Caltrans a minimum of once every six (6) months.
K. CITY agrees that any cost overruns shall be the responsibility of CITY.
L. If CITY receives local, state, or federal funds from a non -AUTHORITY source, CITY
shall not invoice AUTHORITY for the amount received from the other non -AUTHORITY source(s).
M. CITY shall notify AUTHORITY regarding any non -AUTHORITY revenues received for
PROJECT and AUTHORITY funds may not pay for expenses already supported through these non -
I AUTHORITY revenues.
N. CITY shall submit semi-annual status reports for PROJECT to AUTHORITY due on
January 15th for the prior six (6) -month period and due on July 15th for the prior six (6) -month period
(Exhibit B titled "Semi -Annual Report Form.")
O. CITY shall submit a final report to AUTHORITY within six (6) months of Caltrans
payment of final progress invoice for PROJECT in accordance with Exhibit C titled "Final Project Report
Form."
P. CITY is responsible for completing PROJECT in accordance with Exhibit A, and to abide
by all ATP guidelines, CMAQ programming guidelines, and any and all other federal, state, and
Caltrans requirements.
ARTICLE 5. DELEGATED AUTHORITY
The actions required to be taken by CITY in the implementation of this Agreement are
delegated to its Chief Executive Officer, Public Services Director, or their designees, and the actions
required to be taken by AUTHORITY in the implementation of this Agreement are delegated to
AUTHORITY's Chief Executive Officer or his or her designee.
ARTICLE 6. AUDIT AND INSPECTION
AUTHORITY and CITY shall maintain a complete set of records in accordance with generally
accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized
representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts,
and other data and records of CITY relating to PROJECT for a period of four (4) years after final
payment, or until any ongoing audit is completed. For purposes of audit, the date of completion of this
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AGREEMENT NO. C-6-1425
1 Agreement shall be the date of CITY's payment of AUTHORITY's final billing (so noted on the invoice)
2 under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and
3 accounts. The above provision with respect to audits shall extend to and/or be included in contracts with
4 CITY's contractor.
5 ARTICLE 7. INDEMNIFICATION
6 A. To the fullest extent permitted by law, CITY shall defend (at CITY's sole cost and
7 expense with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold
8 harmless AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified
9 Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs,
10 judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses
11 including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising
12 from injuries to or death of persons (CITY's employees included), Claims for damage to property,
13 including property owned by AUTHORITY, or from any alleged violation of any federal, state, or local
14 law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of CITY,
15 its officers, directors, employees or agents in connection with or arising out of the performance of this
16 Agreement.
17 B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole
18 cost and expense with legal counsel reasonably acceptable to CITY), indemnify, protect, and hold
19 harmless CITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"),
20 from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments,
21 arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal
22 costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to
23 or death of persons (AUTHORITY's employees included), Claims for damage to property, including
24 property owned by CITY, or from any alleged violation of any federal, state, or local law or ordinance,
25 alleged to be caused by the negligent acts, omissions or willful misconduct of AUTHORITY, its officers,
26 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
13)
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AGREEMENT NO. C-6-1425
expiration or termination.
ARTICLE 8. ADDITIONAL PROVISIONS
A. Term of Agreement: This Agreement shall be effective on 20_, and shall be
in full force and effect for 60 months through 20_ or until final acceptance by
AUTHORITY, whichever is later.
B. Termination: In the event either PARTY defaults in the performance of their obligations
under this Agreement or breaches any of the provisions of this Agreement, the non -defaulting PARTY
will provide the defaulting PARTY with notice of the default and thirty (30) days to correct the default. If
the defaulting PARTY fails to correct the default within thirty (30) days, then the non -defaulting PARTY
will have the option to terminate this Agreement upon thirty (30) days' prior written notice to the other
PARTY.
C. Termination for Convenience: Either PARTY may terminate this Agreement for its
convenience by providing thirty (30) days' prior written notice of its intent to terminate for convenience to
the other PARTY.
D. This Agreement may be amended in writing at any time by the mutual consent of the
PARTIES. No amendment shall have any force or effect unless executed in writing by the PARTIES.
E. AUTHORITY and CITY shall comply with all applicable federal, state, and local laws,
statues, ordinances and regulations of any governmental authority having
jurisdiction over the PROJECT.
F. 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.
G. 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.
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I T~
iAGREEMENT NO. C-6-1425
1 H. Counterparts of Agreement: This Agreement may be executed and delivered in any
2 number of counterparts, each of which, when executed and delivered shall be deemed an original and
3 all of which together shall constitute the same agreement. Facsimile signatures will be permitted.
4 I. Force Majeure: Either PARTY shall be excused from performing its obligations under
5 this Agreement during the time and to the extent that it is prevented from performing by an
6 unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of
7 God; commandeering of material, products, plants or facilities by the federal, state or local government;
8 national fuel shortage; or a material act or omission by the other PARTY; when satisfactory evidence of
9 such cause is presented to the other PARTY, and provided further that such nonperformance is
10 unforeseeable, beyond the control and is not due to the fault or negligence of the PARTY not
11 performing.
12 J. Assignment: Neither this Agreement, nor any of the PARTIES' rights, obligations,
13 duties, or authority hereunder may be assigned in whole or in part by either PARTY without the prior
14 written consent of the other PARTY in its sole and absolute discretion. Any such attempt of assignment
15 shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed
16 consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent
17 assignment.
18 K. Governing Law: The laws of the State of California and applicable local and federal
19 laws, regulations and guidelines shall govern this Agreement.
20 L. Litigation fees: Should litigation arise out of this Agreement for the performance thereof,
21 he court shall award costs and expenses, including attorney's fees, to the prevailing PARTY.
22 /
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AGREEMENT NO. C-6-1425
1 1 Notices: Any notices, requests, or demands made between the PARTIES pursuant to this Agreement
2 are to be directed as follows:
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To CITY:
To AUTHORITY:
City of Costa Mesa
Orange County Transportation Authority
Transportation Services Division
550 South Main Street
77 Fair Drive
P. O. Box 14184
Costa Mesa, CA 92626
Orange, CA 92863-1584
Attention: Mr. Raja Sethuraman
Attention: Masih Bahadori
Interim Public Services Director
Senior Contract Administrator
714-754-5032
714-560-5841
Email:
Email: mbahadori@octa.net
raia.sethuram an(cr�costamesa ca. gov
With a copy that shall not constitute Notice to:
Cc: David Cho
Cc: Louis Zhao
Assistant City Engineer
Senior Transportation Funding
Analyst
25 11/
26 /
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AGREEMENT NO. C-6-1425
This Agreement shall be made effective upon execution by both PARTIES.
IN WITNESS WHEREOF, the PARTIES hereto have caused this Agreement No. C-6-1425 to
be executed on the date first written above.
CITY OF COSTA MESA ORANGE COUNTY TRANSPORTATION AUTHORITY
Bv:
Thomas Hatch
Chief Executive Officer
ATTEST:
By:
Brenda Green
City Clerk
APPROVED AS TO FORM:
Bv:
Thomas Duarte
City Attorney
Bv:
Darrell Johnson
Chief Executive Officer
APPROVED AS TO FORM:
go
James M. Donich
General Counsel
APPROVAL RECOMMENDED:
By:
Kia Mortazavi
Executive Director, Planning
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