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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