HomeMy WebLinkAboutReso 46-17 Approving Coop Agr with SLOCOG_RSTP_STBGP_FAST ActRESOLUTION N0.4647
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA APPROVING A COOPERATIVE AGREEMENT BETWEEN THE
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS AND
THE CITY OF MORRO BAY
FOR JOINT PARTICIPATION IN THE REGIONAL SURFACE TRANSPORTATION EXCHANGE
(RSTP) / SURFACE TRANSPORTATION BLOCK GRANT PROGRAM (STBGP) FOR
PURPOSES OF RECEIVING FEDERAL FUNDING UNDER THE FIXING AMERICA'S SURFACE
TRANSPORTATION (FAST) ACT
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the San Luis Obispo Council of Governments, a political subdivision of the
State of California ("SLOCOG"), and the City of Morro Bay, a municipal corporation ("City"), are
authorized to enter into a Cooperative Agreement, pursuant to §1109(a) of the Fixing America's
Surface Transportation FAST Act; and
WHEREAS, the SLOCOG Board has previously allocated STBGP funding as identified in
Table 1 of the Agreement to be used by the City to promote the public health, safety and welfare by
improving surface transportation; and
WHEREAS, SLOCOG intends to exchange its apportionment of STBGP funds for RSTP
Exchange funds for each project, thereby eliminating the requirement for a non-federal match and
compliance with the National Environmental Policy Act; and
WHEREAS, the County's May 14, 2014 letter states that under HUD regulation, the City
mUOt notify the County in wrng whether the City elects to participate U Urban County; Cl"
WHEREAS, the City desires to participate jointly with SLOCOG in said cooperative
agreement; and
WHEREAS, the proposed 2018-2020 cooperative agreement is consistent with the General
Plan and with City and County policies encouraging cooperation between agencies on issues of
regional significance; and
WHEREAS, the proposed cooperative agreement is nota "project" for purposes of compliance
with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA
Guidelines, but funded projects will appropriately comply with CEQA; and
WHEREAS, Agreement no. MB-TEA21-01, for the cooperative funding of several City
projects, and Amendment #1, approved by City Council Resolution 66-99, thereto remain in full
effect; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay,
1
California, as follows:
1. The City Council hereby approves and authorizes the Public Works Director/City Engineer to
execute, and participate on behalf of the City in, a cooperative agreement with SLOCOG to
enable joint participation in the Program, following approval as to form of the cooperative
agreement by the City Attorney.
2. The Public Works Director/City Engineer or designee is hereby authorized to act on behalf of
the City in connection with the implementation of the agreement, ongoing operation of the
Program, and other activities necessary to carry out the intent of the cooperation agreement.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 22nd day of August 2017 on the following vote:
AYES: Irons, Davis, Headding, Makowetski, McPherson
NOES: None
ABSTAIN: None
ABSENT: None
Ja i L. Iro s, Mayor
ATTEST:
ana Swanson, City Clerk
2
San Luis Obispo Council of Governments
Agreement No. MB -FAST -01
THIS AGREEMENT, ENTERED INTO ON THE DATE BELOW STATED is between the San Luis Obispo
Council of Governments, referred to herein as "SLOCOG", and the
CITY OF MORRO BAY
a municipal corporation and
political subdivision of the
State of California, referred
to herein as the "CITY".
RECITALS
WHEREAS, SLOCOG and the CITY are authorized, pursuant to requirements of the Fixing America's
Surface Transportation (FAST Act), FAST Act § 1109(a), to enter into a Cooperative Agreement for any
transportation purpose within the CITY; and
WHEREAS, The FAST Act's Surface Transportation Block Grant Program acknowledging that this
program has the most flexible eligibilities among all Federal -aid highway programs and aligning the
program's name with how the Federal Highway Administration (FHWA) has historically administered it;
and
WHEREAS, the SLOCOG Board approved allocation of regional Surface Transportation Block Grant
Program (STBGP) funds for the projects identified on the attached Table 1 (summary table and project
summary sheets) and STBGP Program continues all prior Surface Transportation Program (STP)
eligibilities (see in particular 23 U.S.C. 133(b)(15), as amended), each of the individual projects is herein
referred to as "PROJECT"; and
WHEREAS, SLOCOG intends to exchange its apportionment of Federal Surf
ace Transportation Block
Grant Program (STBGP) funds for Regional Surface Transportation Exchange (RSTP Exchange) funds
for the PROJECTS, therefore eliminating the non-federal match and compliance with the National
Environmental Policy Act (NEPA); and
WHEREAS, all applicable laws, regulations, and policies relating to the use of RSTP Exchange funds
for the PROJECTS, shall apply notwithstanding any other provisions of this Agreement; and
WHEREAS, all obligations of the CITY under the terms of this Agreement are subject to funding
appropriation by the Legislature, and the receipt and allocation of funding by SLOCOG; and
WHEREAS, Agreement No. MB-TEA21-01 and Amendment # 1 thereto remain in full effect.
NOW, THEREFORE, in consideration of the above noted findings and considerations, the parties
agree as follows:
1) The CITY agrees to administer each PROJECT and conduct the applicable environmental process
required under the California Environmental Quality Act (CEQA) for each PROJECT.
2) The CITY agrees to advertise, open and review bids, and to award the contract for each applicable
PROJECT (or combination of PROJECTS) as needed, in accordance with State laws.
3) The CITY agrees that all phases of each PROJECT will be developed in accordance with policies,
procedures, practices, standards,. regulations, and laws that, apply to the CITY, Caltrans (where
appropriate), and SLOCOG General Programming Requirements, the 2016 Annual Exchange
Agreement and subsequent STBGP annual exchange agreements between SLOCOG and the State
of California (Department of Transportation). If in the judgment of SLOCOG a project may impact a
SLOCOG RSTP Exchange/STBGP General Cooperative Agreement page 1
street, road or highway owned or controlled by a jurisdiction other than CITY (including without
limitation the County, another city, or the State of California), SLOCOG may require the CITY to
establish a project development team (PDT) composed of representatives of such jurisdictions, as
well as SLOCOG.
4) The CITY agrees to construct each PROJECT in accordance with the plans and specifications of the
CITY (and Caltrans when PROJECT involves state highway facilities), and in accordance with the
conditions of funding adopted by SLOCOG.
5) The CITY agrees to maintain the facilities constructed, improved, or otherwise moed.
6) The CITY agrees to utilize, for each PROJECT, an amount of Regional or Urban RSTP Exchange
funds equal to or less than that adopted by SLOCOG, and that SLOCOG's total obligation shall not
exceed the amounts shown in Table 1 unless a greater amount has been authorized in advance in
writing by SLOCOG.
7) The CITY agrees to account for all costs for the PROJECTS to be paid by SLOCOG pursuant to this
Agreement and agrees to perform all the reimbursable work for each project according to the billing
period identified in the project summary sheets.
8) After the opening of bids on applicable PROJECTS, the CITY shall notify SLOCOG of any cost
overruns or underruns to the original cost estimate. The following will be assumed and reflected in
SLOCOG's RSTP Exchange accounting spreadsheets:
a) If less funding than what was programmed is required for a PROJECT, the cost savings will be
made available for reprogramming into another CITY project as approved by SLOCOG.
b) If more funding than what was programmed is required for a PROJECT, the CITY will be solely
responsible for providing the additional funding, which can be comprised of various non -regional
funding sources, including cost savings from other CITY RSTP Exchange projects.
9) The CITY may submit an invoice for reimbursement of funds expended for each PROJECT no more
than once a month, using the attached Reimbursement Request Form (Exhibit A). All Payments will
be prorated between CITY and SLOCOG based on the agreed percentages of funding, as adopted by
SLOCOG and listed on each project summary sheet. All invoices must contain the following:
a. RSTP Exchange PROJECT number and name
b. A brief description of work accomplished during the billing period.
c. A copy of the consultant's bill to the CITY (if applicable).
d. Amount expended by the CITY during the billing period, with evidence of funds expended (e.g.
a copy of a CITY check to consultant or accounting documentation, etc.)
e. Amount requested for reimbursement for the billing period
10) SLOCOG agrees to reimburse the CITY within 30 days of receipt of a completed reimbursement
request form (Exhibit A) with all applicable attachments and signatures or as funds become available
on a "1St come, 1St served" basis, an amount expended by the CITY during the invoices' billing period
less the aforesaid proration. If a PROJECT receives both Regional and Urban Regional Surface
Transportation Exchange funding (referred to in Exhibits hereto as "Regional" and "Urban"
respectively), reimbursements shall be made on a pro rata basis from each source for SLOCOG's
share. SLOCOG's total obligation for each PROJECT cost shall not exceed the amount shown in
Table 1, unless SLOCOG has in writing authorized a greater amount per adopted SLOCOG policy.
11) Within two months of each PROJECT
's completion and all work incidental thereto, the CITY must
provide SLOCOG certification in the form provided in Exhibit B hereto, of completion in accordance
with the provisions in this Agreement, and a final invoice containing those items listed above. In the
event that final project costs are less than those listed on Table 1, hereto, the funds shall be
reallocated in accordance with SLOCOG RSTP Exchange policy.
12) If this project has been paid for either entirely, or in part with Regional RSTP Exchange funds, and
,CITY, or any of its officials, chooses to publicly memorialize participation in said project, then CITY
shall also memorialize SLOCOG's financial participation in said project in a manner agreeable to
SLOCOG. This paragraph shall apply to, but is not limited to, signage during construction,
SLOCOG RSTP Exchange/STBGP General Cooperative Agreement page 2
representation at dedications and placement of plaques or other objects of memorial ization, whether
at or near the project site or not.
13) The CITY grants to the State of California and/or SLOCOG access to the CITY's books and records
for the purpose of verifying that RSTP Exchange funds paid are properly accounted for and the
proceeds are expended in accordance with the terms of this Agreement. All documents shall be
available for inspection by authorized Caltrans and/or SLOCOG agents at any time during the
PROJECT development and for a four-year period from the date of completion, or for one year after
the audit is completed or waived by Caltrans and/or SLOCOG, whichever is later.
14) Upon completion of all work under this Agreement, ownership and title to all materials will
automatically be vested in the CITY and no further agreement will be necessary to transfer ownership
to the CITY.
15) If existing public and/or private utilities conflict with the PROJECT construction or violate the CITY's
encroachment policy (as applicable), the CITY shall make all necessary arrangements with the
owners of such utilities for their protection, relocation or removal. The CITY shall review the plans for
protection, relocation or removal. If there are costs of such protection, relocation, or removal which
the CITY must legally pay, the CITY shall pay the cost of said protection, relocation or removal, plus
cost of engineering, overhead and inspection. If any protection, relocation or removal of utilities is
required, such work shall be performed in accordance with CITY policies and procedures.
16) The CITY shall defend, indemnify and save harmless SLOCOG, its officers and employees from all
and any claims, demands, damages, costs, expenses, judgments, attorneys' fees or any liability
arising out of this Cooperative Agreement to the performance or attempted performance of the
provisions hereof, or any project referred to in the Exhibits hereto. Nothing contained in the foregoing
indemnity provision shall be construed to require CITY to indemnify SLOCOG against any
responsibility of liability in contravention of Civil Code section 2782.
17) If the CITY transfers its risk connected with design or construction of this project to independent
contractors, CITY agrees to use its best efforts to obtain the independent contractor's inclusion of
SLOCOG as an indemnitee and in any insurance procured by such independent contractor(s) for the
project, to name SLOCOG as an additional insured.
18) Both the CITY and SLOCOG shall designate a Project Coordinator who shall represent the respective
agencies and through whom all communications between the parties to this agreement shall occur.
19) Both parties agree that if, in the course of carrying out the PROJECT, there is a disagreement among
the Project Coordinators over the direction of the project, the matter will be forwarded through a three
step conflict resolution process. First, resolution will be attempted between the CITY Manager and
SLOCOG Executive Director. If a dispute continues, a determination shall be made by the SLOCOG
Executive Committee, and, if required, final determination by the full SLOCOG Board.
20) Nothing in the provisions of this Agreement is intended to create duties, obligations, or rights for third
parties not signatories to this Agreement or affect the legal liability of either party of the Agreement by
imposing any standard of care with respect to the maintenance of local roads different from the
standard of care imposed by law.
21) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and
signed by the parties thereto, and no oral understanding or agreement not incorporated herein or in
the attached Table 1 shall be binding on any of the parties thereto.
22) This Agreement may be terminated or provisions contained therein may be altered, changed, or
amended by mutual consent, in writing,_ of the parties hereto.
23) Prior to award of a contract for any PROJECT, SLOCOG may terminate the applicable PROJECT in
the Cooperative Agreement by written notice, provided SLOCOG pays the CITY for all
related costs costs reasonably incurred by the CITY prior to termination. Also, prior to award of a contract
for any PROJECT, the CITY may terminate the applicable PROJECT in the Cooperative Agreement
by written notice, provided the CITY pays SLOCOG for all costs reasonably incurred by SLOCOG
SLOCOG RSTP Exchange/STBGP General Cooperative Agreement page 3
prior to termination.
SIGNATURES:
CITY OF MORRO BAY
By:
Rob Livick, PE/PLS —Public Works Director
Date: irk %f
ana Swanson, City Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:,
,'Joseph W. Pannone,
x
Date:
Attorney
SAN LUIS OBISPO
COUNCIL OF GOVERNMENTS
By:
Ronald L. De Carli, Executive Director
Date:
Bv:
Timothy McNulty, SLOCOG Counsel
Date:
SLOCOG RSTP Exchange/STBGP General Cooperative Agreement page 4
TAOLE 1
for
greement No. IVIB=FAST�0111
- SLOCOG# '"
Community
Project Name
Funding
Balance
STMB04R,
$1531333 — to be
PRMB05,
North Main St, Bike,
applied to STLMB07
STLMB03U &
City of Morro Bay
Ped and ADA Facilities
41/1 Interchange
STLMB04U
7/21/2011
$1531333
Improvements
Urban Area
apportionment
SMAPMB01U
Cit of Morro Ba
FY13/14�FY18/19
$2451000
$245,000
41/1 Interchange
STLMB07R
City of Morro Bay
Improvements
$113,000
$113,000
Data collection — Active
Transportation
SMAPCG18R
CityofMorroBay
Partnership Program
$51000
$5,000
Total
$516,333
San Luis Obispo Council of Governments
Zegional Surface Transportation Program Exchange (RSTP Exchange)
Agency Name:
Contact Person:
Project Number(s): Regional:
Project Title:
This Invoice Covers Work Completed from
'Tabie 1 "for budget information)
Urban:
Date:
to:
Total SPENT This invoice
-
When using electronic format: fill in unshaded areas only
Other Sources TOTAL
Regional Urban Non Regional (must equal 100%)
Reimbursement Rate by Fund
Source (must be consistent with Exhibit
0%
A Project Sheet)
Pro -rata Reimbursement by
Funding Source
$ -
$ -
$ -
$
(Regional/Urban)
Please send a check for $
Total RSTP Exchange share due this invoice (total of heavier shaded
boxes above)
Attachments: 1) A brief description of work completed; and
2) Consultant invoices
3) Proof of payment (e.g. copy of City check to consultant).
Signed:
(Agency Rep.)
Shaded boxes below for SLOCOG Use
RegionaLPlannerApproval
Accounting
Initials .
SLOCOG RSTP Exchange/STBGP General Cooperative Agreement page 6
,o
RSTP Exchange Projects
This form notifies SLOCOG of project completion in accordance with the provisions in the Cooperative
Agreement noted below.. Our records indicate that the project listed below, funded all or in part with
RSTP Exchange funds, has been completed:
Project Name:
Project Number(s):
Cooperative Agreement Date (Recipient Agency):
Approved RSTP Exchange amou
of
name of authorized official
name of jurisdiction
approximate date of completion
agreement dated
certify, on behalf of the City/County
that the project named above was completed
in accordance with the provisions set forth in the cooperative
date jurisdiction representative signed
from a cost underrun will be returned to
Itis my understanding that all savings
city/county or SLOCOG
reprogramming in accordance with the cooperative agreement.
Signed:
signature of authorized official
Date:
for
date signed
Return completed and signed Project Completion Forms within 2 months of the completion of each
project to:
SLOCOG
1114 Marsh Street
San Luis Obispo, CA 93401
Attn: John DiNunzio