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HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-6-1427)2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 iEl 20 21 22 23 24 25 26 INSURANCE: NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL PDX COOPERATIVE AGREEMENT NO. C-6-1427 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR THE ARTERIAL PAVEMENT MANAGEMENT PROGRAM A-2016-265 FAIRVIEW STREET PAVEMENT MAINTENANCE FROM SEGERSTROM AVENUE TO NORTH CITY LIMIT PROJECT THIS COOPERATIVE AGREEMENT is effective this day of 2016, by and between the Orange County Transportation Authority, 600 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 Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, a municipal corporation duly organized and existing under the constitution and laws of the State of California (hereinafter referred to as "CITY") each individually referred to as "PARTY" and collectively referred to 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 construction of Fairview Street Pavement Maintenance from Segerstrom Avenue to North City Limit project as defined in the scope of work provided in the Arterial Pavement Management Program 2014 Call for Projects, herein incorporated by reference; (hereinafter referred to as "PROJECT"); and WHEREAS, the Arterial Pavement Management Program is funded with Surface Transportation Block Grant Program (hereinafter referred to as "STBG") funds; and WHEREAS, the STBG program is authorized under the federal Fixing America's Surface Transportation (FAST) Act; and Page 1 of 11 COOPERATIVE AGREEMENT NO. C-6-1427 1 WHEREAS, CITY is an eligible sub -recipient of federal funding under the STBG program and 2 PROJECT is eligible for STBG funding contingent on California Department of Transportation (hereinafter 3 referred to as "Caltrans") and the Federal Highway Administration (hereinafter referred to as FHWA) 4 approval; and 5 WHEREAS, on January 12, 2015, AUTHORITY's Board of Directors, approved projects for the 6 Arterial Pavement Management Program 2014 Call for Projects and the PROJECT was on the standby 7 list; and 8 WHEREAS, on June 13, 2016, AUTHORITY's Board of Directors, approved funding of up to Five 9 Hundred Thousand dollars ($500,000) in STBG funds for the PROJECT; and 10 WHEREAS, AUTHORITY will provide Five Hundred Thousand Dollars ($500,000) in STBG funds 11 to be matched with One Million Two Hundred Fifty Thousand Dollars ($1,250,000) in CITY funds for the 12 construction phase of PROJECT; and 13 WHEREAS, CITY and AUTHORITY agree that the total funding for construction management 14 and construction of PROJECT shall be One Million Seven Hundred Fifty Thousand Dollars ($1,750,000) 15 in accordance with Exhibit A titled "Arterial Pavement Management Program Funding Plan", which is 16 attached herein and incorporated by reference; and 17 WHEREAS, AUTHORITY and CITY agree that STBG funding for PROJECT is contingent upon 18 funding being available through FAST Act and PROJECT maintaining its eligibility for this funding; and 19 WHEREAS, AUTHORITY and CITY agree that Caltrans and FHWA authorization is required 20 following AUTHORITY's amendment to the Federal Transportation Improvement Program (hereinafter 21 referred to as "FTIP"), and in orderto proceed or commence (only one phase) PROJECT for performance 22 under this Cooperative Agreement; and 23 WHEREAS, AUTHORITY is responsible for programming the funds to specific projects within 24 Orange County; and Caltrans administers the STBG program on behalf of the FHWA and is responsible 25 for acquiring federal approvals for PROJECT on behalf of CITY, determining federal eligibility, compliance 26 with federal requirements, and reimbursement for project activities; and Page 2 of 11 COOPERATIVE AGREEMENT NO. C-6-1427 1 WHEREAS, CITY agrees to act as lead agency for construction engineering, construction 2 management and construction of PROJECT; and 3 WHEREAS, this Cooperative Agreement defines the specific terms and conditions and funding 4 responsibilities between AUTHORITY and CITY for completion of PROJECT; and 5 WHEREAS, CITY's Council authorized the CITY to enter into a Cooperative Agreement on 6 Zv*"day of 9ef ewoloer 2016. 7 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows: 8 ARTICLE 1. COMPLETE AGREEMENT 9 A. This Cooperative Agreement, including any attachments incorporated herein and made 10 applicable by reference, constitutes the complete and exclusive statement of the term(s) and 11 condition(s) of this Cooperative Agreement between AUTHORITY and CITY and it supersedes all prior 12 representations, understandings, and communications. The invalidity in whole or in part of any term 13 or condition of this Cooperative Agreement shall not affect the validity of other term(s) or condition(s) 14 of this Cooperative Agreement. The above referenced Recitals are true and correct and are 15 incorporated by reference herein. 16 B. AUTHORITY's failure to insist on any instance(s) of CITY's performance of any term(s) 17 or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of 18 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and 19 CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of 20 this Cooperative Agreement shall not be binding upon AUTHORITY except when specifically 21 confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment 22 to this Cooperative Agreement and issued in accordance with the provisions of this Cooperative 23 Agreement. 24 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) 25 or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of 26 CITY's right to such performance or to future performance of such term(s) or condition(s), and Page 3 of 11 COOPERATIVE AGREEMENT NO. C-6-1427 1 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any 2 portion of this Cooperative Agreement shall not be binding upon CITY except when specifically 3 confirmed in writing by an authorized representative of CITY by way of a written amendment to this 4 Cooperative Agreement and issued in accordance with the provisions of this Cooperative Agreement. 5 ARTICLE 2. SCOPE OF AGREEMENT 6 This Cooperative Agreement specifies the roles and responsibilities of the PARTIES as they 7 pertain to the 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 Cooperative Agreement and any 9 other 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 Five 14 Hundred Thousand Dollars ($500,000) in STBG funds in accordance with the 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 STBG funds. 18 C. AUTHORITY shall not be obligated to program any amount beyond what has been 19 identified in this Cooperative Agreement and what is ultimately approved for PROJECT by Caltrans and 20 FHWA. 21 D. AUTHORITY shall process any required FTIP amendments. 22 E. AUTHORITY shall review and approve CITY's request for obligation of STBG funds prior 23 to submittal to Caltrans District 12. 24 F. AUTHORITY shall cancel PROJECT if CITY has not submitted request for authorization 25 to proceed (hereinafter referred to as "E-76 Request") or has not advanced PROJECT to ready -to -list 26 stage as determined by Caltrans guidelines by February 1 of the fiscal year identified in Exhibit A as Page 4 of 'I1 COOPERATIVE AGREEMENT NO. C-6-1427 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 required in Article 4, paragraph E. G. AUTHORITY reserves the right to change the fund sources programmed to the PROJECT. ARTICLE 4. RESPONSIBILITIES OF CITY CITY agrees to the following responsibilities for PROJECT: A. CITY will act as the lead agency for the engineering, construction and construction management of PROJECT. B. CITY will comply with all local, state, and federal project delivery requirements including but not limited to Disadvantaged Business Enterprise, Americans with Disabilities Act, and Buy America provisions. C. CITY will submit National Environmental Policy Act and the California Environmental Quality Act environmental documentation to Caltrans for approval by November 1st of the programming fiscal year as provided in the project schedule in Exhibit A. D. CITY is responsible for preparing and submitting to AUTHORITY an Engineer's Estimate of PROJECT cost ninety (90) days prior to E-76 Request, and no later than November 18t of the fiscal year identified in Exhibit A. E. CITY is responsible for preparing and submitting all necessary Caltrans-required documentation including an E-76 Request. CITY agrees to submit an E-76 Request to Caltrans District 12 by February 1 st of the fiscal year identified in Exhibit A. F. CITY acknowledges that if the E-76 Request is not submitted to Caltrans with a copy to AUTHORITY by February 1 It, or CITY has not advanced PROJECT to ready -to -list stage as determined through Caltrans guidelines by this date, the proposed funding shall be cancelled by AUTHORITY. G. CITY acknowledges that they will not advertise for construction until the E-76 request is approved by FHWA. H. CITY agrees that AUTHORITY will provide up to Five Hundred Thousand Dollars ($500,000) to support a maximum reimbursement ratio of 28.6 percent for the construction phase in Page 5 of 11 COOPERATIVE AGREEMENT NO. C-6-1427 1 STBG funds, contingent on availability of STBG funding and state and federal approvals. 2 I. CITY shall provide a minimum of 71.4 percent of the PROJECT costs in CITY funds as 3 the required local match consistent with Exhibit A. Any savings recognized in the PROJECT will be 4 credited or reimbursed proportionally to the amount contributed to the PROJECT by each fund type. 5 J. CITY will invoice Caltrans at minimum once every six months. 6 K. CITY agrees that any cost overruns shall be the responsibility of CITY. 7 L. If CITY receives local, state, or federal funds from a non -AUTHORITY source, CITY will 8 not invoice Caltrans for the amount received from the other non -AUTHORITY source(s). 9 M. CITY will notify AUTHORITY regarding any non -AUTHORITY revenues received for the 10 PROJECT and AUTHORITY funds may not pay for expenses already supported through these non- 11 AUTHORITY revenues. 12 N. CITY will submit semi-annual status reports included in this Cooperative Agreement as 13 Exhibit B titled "Arterial Pavement Management Program Semi -Annual Report Form" for PROJECT to 14 AUTHORITY due on March 111 for the prior six (6) month period and due on September 1st for the prior 15 six (6) month period. 16 O. CITY will submit a final report to AUTHORITY within six (6) months of Caltrans payment 17 of final progress invoice for PROJECT in accordance with Exhibit C titled "Arterial Pavement Management 18 Program Final Project Report Form." 19 P. CITY is responsible for completing PROJECT in accordance with the Areterial Pavement 20 Management Program Funding Plan (Exhibit A), and to abide by all STBG programming guidelines, and 21 any and all other federal, state, and Caltrans requirements. 22 Q. CITY agrees that the AUTHORITY, prior to federal notice to proceed, may change the 23 fund source for funds provided through this agreement. 24 ARTICLE 5. DELEGATED AUTHORITY 25 The actions required to be taken by CITY in the implementation of this Cooperative Agreement 26 are delegated to its Public Works Director, or designee, and the actions required to be taken by Page 6 of 11 COOPERATIVE AGREEMENT NO. C-6-1427 1 AUTHORITY in the implementation of this Cooperative Agreement are delegated to AUTHORITY's Chief 2 Executive Officer or designee. 3 ARTICLE 6. AUDIT AND INSPECTION 4 AUTHORITY and CITY shall maintain a complete set of records in accordance with generally 5 accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized 6 representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and 7 other data and records of CITY for a period of four (4) years after final payment, or until any on -going 8 audit is completed. For purposes of audit, the date of completion of this Cooperative Agreement shall be 9 the date of CITY's payment of AUTHORITY's final billing (so noted on the invoice) under this Cooperative 10 Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The 11 above provision with respect to audits shall extend to and/or be included in contracts with CITY's 12 contractor. 13 ARTICLE 7. INDEMNIFICATION 14 A. CITY shall indemnify, defend, protect, and hold harmless AUTHORITY, its officers, 15 directors, employees, and agents, from and against any and all liabilities, actions, suits, claims, demands, 16 losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, 17 expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims 18 arising from injuries to or death of persons (CITY's employees included), for damage to property, including 19 property owned by AUTHORITY, or from any violation of any federal, state, or local law or ordinance, 20 alleged to be caused by the negligent acts, omissions or willful misconduct of CITY, its officers, directors, 21 employees or agents in connection with or arising out of the performance of this Cooperative Agreement. 22 B. AUTHORITY shall indemnify, defend, protect, and hold harmless CITY, its officers, 23 directors, employees, and agents, from and against any and all liabilities, actions, suits, claims, demands, 24 losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and 25 expenses including legal costs and attorney fees, including but not limited to Claims arising from injuries 26 to or death of persons (AUTHORITY's employees included), for damage to property, including property Page 7 of 11 COOPERATIVE AGREEMENT NO. C-6-1427 1 owned by CITY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused 2 by the negligent acts, omissions or willful misconduct of AUTHORITY, its officers, directors, employees 3 or agents in connection with or arising out of the performance of this Cooperative Agreement. 4 C. The indemnification and defense obligations of this Cooperative Agreement shall survive 5 its expiration or termination. 6 ARTICLE 8. ADDITIONAL PROVISIONS 7 A. Term of Agreement: This Cooperative Agreement shall continue in full force and effect 8 through December 31, 2021 or until final acceptance by AUTHORITY, whichever is later. 9 B. Termination for Convenience: Either PARTY may terminate this Cooperative Agreement 10 by providing thirty (30) days written notice of its intent to terminate for convenience to the other PARTY. 11 C. Termination: In the event either PARTY defaults in the performance of their obligations 12 under this Cooperative Agreement or breaches any of the provisions of this Cooperative Agreement, the 13 non -defaulting PARTY shall have the option to terminate this Cooperative Agreement upon thirty (30) 14 days' prior written notice to the other PARTY. 15 D. Amendments: This Cooperative Agreement may be amended in writing at any time by the 16 mutual consent of both PARTIES. No amendment shall have any force or effect unless executed in writing 17 by both PARTIES. 18 E. AUTHORITY and CITY shall comply with all applicable federal, state, and local laws, 19 statues, ordinances and regulations of any governmental authority having jurisdiction over the PROJECT. 20 F. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to 21 execute this Cooperative Agreement on behalf of said PARTIES and that, by so executing this 22 agreement, the PARTIES hereto are formally bound to the provisions of this Cooperative Agreement. 23 G. Severability: If any term, provision, covenant or condition of this Cooperative Agreement 24 is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, 25 the remainder of this Cooperative Agreement shall not be affected thereby, and each term, provision, 26 covenant or condition of this Cooperative Agreement shall be valid and enforceable to the fullest extent Page 8 of 11 COOPERATIVE AGREEMENT NO. C-6-1427 8A 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 W. permitted by law. H. Counterparts of Agreement: This Cooperative 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. Force Maieure: Either AUTHORITY and CITY shall be excused from performing its obligations under this Cooperative 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 AUTHORITY and CITY not performing. J. Assignment: Neither this Cooperative Agreement, nor any of the AUTHORITY and CITY rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either AUTHORITY and CITY 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. K. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to authorize or require PARTIES 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. L. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Cooperative Agreement. M. Litigation fees: Should litigation arise out of this Cooperative Agreement for the performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing PARTY. Page 9 of 11 COOPERATIVE AGREEMENT NO. C-6-1427 21 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 26 N. Notices: Any notices, requests, or demands made between the PARTIES pursuant to this Cooperative Agreement are to be directed as follows: To CITY To AUTHORITY: City of Santa Ana Orange County Transportation Authority 20 Civic Center Plaza (M-36) 600 South Main Street Santa Ana, CA 92701 P. O. Box 14184 Orange, CA 92863-1584 Attention: Kenny Nguyen Attention: Donald Herrera Senior Civil Engineer Contract Administrator (714) 647-5632 (714) 560-5644 knguyen@santa-ana.org dherrera@octa.net With a copy that shall not constitute Notice to: CC: Pontip Somchai, Associate Transportation Funding Analyst O. Successors and Assigns: The provisions of the Cooperative Agreement shall bind and insure to the benefit of each of the PARTIES hereto, and all successors or assigns of PARTIES hereto. Page 10 of 11 COOPERATIVE AGREEMENT NO. C-6-1427 1 2 3 4 5 6 7 8 9 10 14 15 16 17 fiE:l Im 20 21 22 23 24 25 26 This Cooperative Agreement shall be made effective upon execution by both PARTIES. IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. C-6-1427 to be executed on the date first written above. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By: By: David Cavazos Darrell Johnson City Manager Chief Executive Officer ATTEST: APPROVED AS TO FORM: Maria D. Huizar City Clerk APPROVED AS TO FORM By: K S nia R. Carvalhow City Attorney Dated : so Director, Public Works Dated: \10 I �-/Cb Bv: James M. Donich General Counsel APPROVAL RECOMMENDED: Bv: Kia Mortazavi Executive Director, Planning Dated : VN Nl�` Page 11 of 11 COOPERATIVE AGREEMENT NO. C-6-1427 Exhibit A ARTERIAL PAVEMENT MANAGEMENT PROGRAM FUNDING PLAN Project Title: Fairview Street Pavement Maintenance from Segerstrom Avenue to North City Limit Agency: City of Santa Ana Date: Schedule Completion i Date Begin Environmental Document Aug 2016 Final Approval of Environmental Document Dec 2 116 Begin Design Engineering July 2 114 Plans Specifications, and Estimates Complete Sept 2014 Submit Request for Authorization to Proceed E-76 Feb 20 77 Begin Construction May 2017 End Construction Sept 2017 Construction (Including Construction Management) Fu,.dSource Programming Fiscal Year ;, Planned Obligation =Proportion Surface Transportation Block Grants FY16/17 $500,000 28.6% Measure M2 — Fair Share FY16/17 $1,250,000 71.4% TOTAL $1,750,000 Date: By: Project Manager COOPERATIVE AGREEMENT NO. C-6-1427 Exhibit B ARTERIAL PAVEMENT MANAGEMENT PROGRAM SEMI-ANNUAL REPORT FORM Project Title: Fairview Street Pavement Maintenance from Segerstrom Avenue to North City Limit Agency: City of Santa Ana Date: Schedule Original Completion Date Current Completion Date Begin Environmental Document Aug 2016 Final Environmental Document Dec 2016 Begin Design Engineering July 2014 Plans Specifications, and Estimates Complete Sept 2014 Submit Request for Authorization to Proceed (E-76) Feb 2017 Begin Construction May 2017 End Construction I Sept 2017 Construction (Including Construction Management) Fund Source Fis6AI Planned Revised Actual Remaining Yea Obligation ,Obligation Expe diture Allocation` Surface Transportation FY16/17 $500,000 Block Grant Measure M2 — Fair FY16/17 $1,250,000 Share 71.4%) TOTAL $1,750,000 Major Activities: Status: Issues: Name/Title: Phone: Email: Note: OCTA may require additional information on performance of the project related to either air quality or transportation usage COOPERATIVE AGREEMENT C-6-1427 Exhibit C ARTERIAL PAVEMENT MANAGEMENT PROGRAM 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. Location and Scope of Work Verification of Match (Actual Expenditures) Match 0% 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) REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 20, 2016 TITLE: COOPERATIVE AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY TO RECEIVE ARTERIAL PAVEMENT MANAGEMENT PROGRAM GRANT FUNDS (PROJECT NO. 17-6881 NONGENERAL FUND) (STRATEGIC PLAN NO. 6, 1G) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1* Reading ❑ Ordinance on 2"a Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to with the Orange County Transportation Authority, for the the Orange County Transportation Authority Board of C County Transportation Authority project acceptance, it required City match of $1,250,000, subject to non-substa Manager and City Attorney. execute a Cooperative Agreement term beginning upon execution by Iirectors and ending upon Orange the amount of $500,000 with a itive changes approved by the City 2. Approve an appropriation adjustment to recognize Arterial Pavement Management Program grant funds in the amount of $500,000 into the Select Street Construction revenue account and appropriate the same in the expenditure account. DISCUSSION The City of Santa Ana and the Orange County Transportation Authority (OCTA) desire to enter into a Cooperative Agreement (Exhibit 1) to define the roles and responsibilities related to the funding between OCTA and the City for construction of the Fairview Street Pavement Maintenance Project from Segerstrom Avenue to the North City Limit. On November 18, 2014, the City Council adopted Resolution No. 2014-079 which authorized submission of applications to OCTA for grant funds under the Arterial Pavement Management Program. The applications included three pavement maintenance projects: Warner Avenue from the West City Limit to Grand Avenue, First Street from Newhope Street to Main Street, and Fairview Street from Segerstrom Avenue to the North City Limit. At the time of application, federal funding was available through the Regional Surface Transportation Program (RSTP), under the Moving Ahead for Progress in the 21st Century (MAP-21) Federal Transportation Act. Cooperative Agreement with OCTA to Receive Grant Funds for Arterial Pavement Management Program September 20, 2016 Page 2 On January 12, 2015, the OCTA Board of Directors approved RSTP funding of $500,000 each for the Warner Avenue project and the First Street project. Each project award required a match of $1,250,000 in City funding. The Fairview Street project was placed on a standby list in the event that additional funds became available. City Council approved the Cooperative Agreement with OCTA for the Warner and First Street projects on December 15, 2015. Earlier in 2016, the City was informed by OCTA that funding is now available for the Fairview Street project. On June 13, 2016, the OCTA Board of Directors approved funding in the amount of $500,000 through the Surface Transportation Block Grant Program (STBG) under the Federal Fixing America's Surface Transportation (FAST) Act. In order to proceed with the project and access funds, the City must execute the Cooperative Agreement with OCTA and confirm the required City match of $1,250,000. Funding for the City match has been recognized in the Capital Improvement Program (CIP) as follows: Project Fiscal Local STBG Total Year Funds Funds Fairview Street Pavement Maintenance, 2016/17 $1,250,000 $500,000 $1,750,000 Segerstrom Avenue to NCL TOTAL: $1,250,000 $500,000 $1,750,000 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Grant funds will be accepted into the Select Street Construction revenue fund (Account No. 05917002-52001) and appropriated into the expenditure fund (Account No. 05917660-66220). Matching local funding in the amount of $1,250,000 has been appropriated from the Measure M2 Program (Account No. 03217662-66220) in the approved Fiscal Year 2016-17 Capital Improvement Program. Cooperative Agreement with OCTA to Receive Grant Funds for Arterial Pavement Management Program September 20, 2016 Page 3 ftj A, Fre Mousavipour Executive Director Public Works Agency FM/EWG/KN APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit: 1. Cooperative Agreement with OCTA M OCTA BOARD OF DIRECTORS Lori Donchalr Chair Michael I lomlossey Vice, Chair Lisa A. Bartlett Director Anrirew Do Dimcior Sleve Janes Nwine Jim Kalagods Dimutor Jeffrey LaPoway Direolor Gary A. Miller Director Al Murray Director Shawn Ncison Director MkQuei Plairlo Director Tim Shaw Director Todd Spitzer Director Michelle Sleet Director Tom Tail Director Flank Dry Dimulor September 21, 2016 Mr. Kenny Nguyen City of Santa Ana 20 Civic Center Plaza, M36 Santa Ana, CA 91701 SUBJECT: AGREEMENT NO. C-6-1427 Dear Mr. Nguyen: (tfz? Enclosed is the original document for Agreement No. C-6-14�52- for your review and signature. Please execute the document in blue ink where indicated and return to Donald Herrera by Monday, October 3, 2016. The first page of the documents will be completed by the Authority upon final execution. Should you have any questions, please contact Mr. Herrera at (714) 560-5644. Sincerely, YY Cathy Foreman Office Specialist Contracts Administration and Materials Management Gregon,T Winlerbolfom Enclosure Director Ryan Chamberlain Ex-Ofticio Member CHIEF EXECUTIVE OFFICE Darrell Johnson Chief Execuliva Officer Orange County 77ansPortation Authority 550 South Main Street! P.O. Box 14184 r Orange, California 92863-15841(714) 500-OCIA ((3282)