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HomeMy WebLinkAbout25J - SANTA ANA REGIONAL TRANSP CTRREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 7, 2008 TITLE: IMPROVEMENTS AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER CITY MA AGER RECOMMENDED ACTION 1. Authorize the City Manager and Clerk of the Council to execute the attached agreement with California Department of Transportation in the amount of $250,000, subject to non-substantive changes approved by the City Manager and City Attorney for the aesthetic improvements at the Santa Ana Regional Transportation Center. 2. Authorize the City Manager and Clerk of the Council to execute the attached first amendment to the agreement with Gillis & Associates Architects, Inc. in the amount of $200,000 for a total contract in the amount of $400,000, subject to non-substantive changes approved by the City Manager and City Attorney to provide on call architectural services for park and facility projects citywide. DISCUSSION On August 21, 2006, the City Council approved an appropriation adjustment recognizing $250,000 in funds from the California Department of Transportation (Caltrans) for improvements to the Santa Ana Regional Transportation Center. This project involved the construction of a concrete block wall that would function as a backdrop on which art images could be displayed. Upon Metrolink's completion of the pedestrian bridge at the Transportation Center the Art Wall is no longer feasible. At the request of Public Works Agency, Caltrans allocated the $250,000 for improvements to the building. Improvements include painting, replacement of the balustrade along the southern staircase to the courtyard as well as along the southern viewing deck (see Exhibit A). The proposed agreement would replace the existing agreement and reallocate the funds from the Art Wall to the proposed improvements. These funds have a funding deadline of May 2008. To meet the imposed deadline, Public Works has utilized the services of Gillis & Associates which is currently providing architectural services to the City. However, they have reached the contract amount and in order 25J-1 Improvements At The Santa Ana Regional Transportation Center January 7, 2008 Page 2 to maintain consistency in the project design and to meet the deadline their contract needs to be amended. They were selected as the top rated firm during a 2005 selection process from among three firms and were awarded a contract for $200,000 in November 2005. Gillis & Associates has provided exceptional service throughout the contract. They have provided high quality architectural services and responded in a timely manner to all construction coordination issues. Based upon the excellent service provided and the funding deadline, staff recommends that the current agreement with Gillis & Associates be amended by an additional $200,000 for a total of $400,000. The additional contract amount will be used for this project and other City projects as needed. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption ER no. 99-126 has been filed for this project. FISCAL IMPACT The proposed contract amendment will have a limit of $200,000. Funds to pay for the architectural services will be charged to the various projects in the Capital Improvement Program. Funds for the improvements at the Santa Ana Regional Transportation Center are available in the Select Street Construction Fund (account no. 59-551-6631, project no. 1821). APPROVED AS TO FUNDS AND ACCOUNTS: 1 James G. Ross 6~raneisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency 25J-2 i ~.,. ~ ~vo ~ , ~•1-P P \ \ ~ 5P~ P I ~ I FRUIT ST ~ TRANSPORTATION ~\ \ CENTER \ couRTYARD BALUSTRADE ~ S'LY \ ~ V~WgVG DECK -y \ \~ (N.T.S.) \ ~~ ~ i \ °~ i \ ~) EXHIBIT 1 SANTA ANA ~ co~cL Title= AMENDMENT TO AGREEMENT WfTH P~q1 AC?B~DA DATE GILLIS & ASSOCIATES ARCHITECTS, INC. ~A~uAAtr ~' 2ooe FOR ON CALL ARCHITECTURAL SERVICES w~.~c rotacs ac~cr 25J-3 Agreement No. 75A0242 Al STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AGREEMENT TO PERFORM CAPITAL IMPROVEMENTS AT THE SANTA ANA AMTRAK STATION FACE SHEET CONTRACTOR: EFFECTIVE DATE OF AGREEMENT: TERMINATION DATE: DATE OF FUNDING ALLOCATION: CTC RESOLUTION NO.: TITLE OF PROJECT: DESCRIPTION: City of Santa Ana May 15, 2006 June 30, 2008 N/A. N/A. Santa Ana Depot Aesthetic Improvements Aesthetic Upgrades to the Santa Ana FISCAL YEAR(S) PROGRAMMED: 2005/2006 PURPOSE: Construction FUNDS AUTHORIZED FOR EXPENDITURE: $ 250,000 FUND SOURCE: PTA - (046T) SOURCE CHARGE EXP AUTH SPECIAL DESIGNATION OBJECT AMOUNT DE FY ENCUMBRANCE GEN LED SUB ACCT SUB JOB NO. RW PARCEL NO. CR DOCUMENT DIST UNIT DIST UNIT WORK ORDER NO. LOCATION BRIDGE N0. NUMBER 75 - 807 75 - 807 633085 7049 $ 250,000 05/06 b ~- I hereby certify upon my own personal knowledge that budgeted funds are available for the Accounting Officer's Signature: Date Signed: eriod and ur ose of the ex enditure stated above. ITEM CHAPTER STATUTES FISCAL YEAR i /~ _C-0A 2660-001-0046 38 2005 2005/2006 / ~7 Amount encumbered by this document: $ 250,000 Prior amount encumbered: $ 0 Total amount encumbered: $ 250,000 25J-4 Agreement No. 75A0242 Al This amendment is to change the scope of the project, from construction of a block wall and imprinted art panels serving as a barrier for the station to aesthetic upgrades, including stucco repair and replacement of the balustrade of the staircase at the station. ` All other terms of the contract shall remain the same. 25J-5 Santa Ana Depot Aesthetic Improvements Scope of Work The scope of this project includes the aesthetic upgrade of various. components to the Santa Ana Depot. Improvements including repair of the stucco in various locations around the Depot building, along the colonnades and pilasters of the perimeter wrought iron fencing along Santa Ana Blvd. and Santiago St. Another targeted improvement would be the replacement of the balustrade of the staircase on the south side of the courtyard as well as along the southern viewing deck at the top of this staircase. Installation of new paladian windows along the northern and eastern elevations of the event room on the north side of the building are also proposed. Estimate ITEM DESGRIPTIOI~F UNIT UANTITY -UNIT PRICE ~ - COST 1 Balustrade R lacement LS 1 $69,000.00. $ 69,000.00 2 Buildin Paintin & Stucco Re air LS 1 $116,185.00 $ 116,185.00 $ 185.181.00 10% Desi n En ineerin $ 18,519.00 15% Construction En ineerin $ 27,777.00 10% ContinQenc $ 18,519.00 TOTAL $ 210,000.00 Schedule Balustrade Replacement 110 days i - 2 Design . 35 days 3 Construction 30 da s 4 5 ._ ~_ _ _ _ _.W~_~ _ ._.~__ .. Building Painting 8 Stucco Repair _. . . _ . _.__ ~ 134 days 6 Design 35 days 7 _ Construction __ 54 days 25J-6 Agreement No. 75A0242 Al CITY OF SANTA ANA Page 1 of 10 FUND TRANSFER AGREEMENT THIS FUND TRANSFER AGREEMENT (FTA), EFFECTIVE May 15, 2006, ONCE FULLY EXECUTED, is between the State of California, acting by and through its Department of Transportation, referred to herein as DEPARTMENT, and the City of Santa Ana, hereinafter referred to as CITY. RECITALS 1. DEPARTMENT, pursuant to Government Code section 14081, is authorized to enter into agreements with a public entity to assist in the performance of any services in connection with the public entity's transit facilities. 2. CITY has agreed to implement the Santa Ana Depot Aesthetic Improvements project, hereinafter the Project, subject to the terms and conditions of this FTA. The Project Description and Scope of Work and Cost Estimate are attached hereto as Attachments I and II. 3. The CITY resolution authorizing CITY to execute contracts and agreements is attached hereto as Attachment III. 4. All services performed by CITY pursuant to this FTA are intended to be performed in accordance with all applicable Federal, State, and CITY laws, ordinances, regulations, and in conformance with DEPARTMENT'S encroachment permits, published manuals, policies, and procedures. 5. Project funding is as follows: FUND TITLE FUND SOURCE DOLLAR AMOUNT PTA - (046T) Chapter 38,.Statutes of 2005 $250,000 6. This FTA is exempt from legal review and approval by the Department of General Services pursuant to PCC section '10295. SECTION I CITY AGREES: To satisfactorily complete all Project Work described in Attachment II, the Scope of Work. SECTION II DEPARTMENT AGREES: DEPARTMENT agrees that when conducting an audit of the Project costs claimed by CITY under the provisions of this FTA, DEPARTMENT will rely to the maximum extent possible on any prior audit of CITY pursuant to the provisions of State and applicable Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that such work is acceptable to DEPARTMENT when planning and conducting additional audits. 25J-7 Agreement No. 75A0242 Al CITY OF SANTA ANA Page 2 of 10 SECTION III IT IS MUTUALLY AGREED: In consideration of the foregoing and the mutual promises of the parties hereto, CITY and DEPARTMENT agree as follows: 1. Notification of Parties a. CITY's Project Manager is Mr. Jason Gabriel, P.E. (714) 647-5664 b. DEPARTMENT's Contract Manager is Ms. Karen Hunter (916) 654-5291 All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses: The City of Santa Ana Attention: Jason Gabriel Senior Civil Engineer Design Engineering Section Public Works Agency M-36 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 California Department of Transportation Division of Rail, MS-74 Attention: Karen Hunter P.O. Box 942874 Sacramento, CA 94274-0001 2. Period of Performance Work under this FTA shall begin effective on the date appearing at the top of the face sheet of this agreement, once it is fully executed, and will terminate on June 30, 2008, unless extended by amendment. 3. Changes in Terms/Amendment This FTA may only be amended or modified by mutual written agreement of the parties. 4. Termination This FTA may be terminated by either party for any reason by giving written notice to the other party at least thirty (30) days in advance of the effective date of such termination. In the event of termination by said notice, funds reimbursed to CITY will include all authorized non-cancelable obligations and allowable prior costs incurred to the limit of the Project funds encumbered. 5. Cost Limitation a. The total amount payable to CITY pursuant to this FTA by DEPARTMENT shall not exceed $250,000.00. . 25J-8 Agreement No. 75A0242 Al CITY OF SANTA ANA Page 3 of 10 b. It is agreed and understood that this FTA fund limit is an estimate and that DEPARTMENT will only reimburse the cost of services actually rendered as authorized by the DEPARTMENT Contract Manager, said costs not to exceed that fund limitation set forth in 5.a, above, unless amended. 6. Allowable Costs a. DEPARTMENT will reimburse CITY for expended actual allowable direct and indirect costs, including, but not limited to labor costs, employee benefits, and travel (overhead is reimbursable only if the CITY has an approved indirect cost allocation plan) and contracted consultant services costs incurred by CITY in performance of the Project work, not to exceed the cost reimbursement limitation set forth in 5.a, above, unless amended. b. Reimbursement of CITY expenditures will be authorized only for those allowable costs actually incurred by CITY in the performance of the Project work. CITY must not only have incurred the expenditures on or after the Effective Date of this FTA and before the Termination Date, but must have also paid for those costs to claim any reimbursement. c. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Personnel Administration for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates are not commercially available to CITY, or its contractors, its subcontractors, and/or its subrecipients, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process. d. DEPARTMENT will reimburse CITY for all allowable Project costs no more frequently than monthly in arrears as promptly as DEPARTMENT fiscal procedures permit upon receipt of acceptable and accurate duplicate itemized signed invoices. Invoices shall reference this FTA Number and shall be signed and submitted to the Contract Manager at the following address: California Department of Transportation Division of Rail,. MS-74 Attention: Karen Hunter P.O. Box 942874 Sacramento, CA 94274-0001 e. Invoices shall include the following information: 1. Names of the CITY Personnel performing work, or subcontractor invoices. 2. Dates of Service. 3. Locations of Service. 7. Reports a. CITY shall submit a written progress report with each set of invoices, to allow the DEPARTMENT's Contract Manager to determine if CITY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. 25J-9 Agreement No. 75A0242 Al CITY OF SANTA ANA Page 4 of 10 b. Any document or written report prepared as a requirement of this FTA shall contain, in a separate section preceding the main body of the document, the FTA number. c. CITY will provide a final written report to the DEPARTMENT's Contract Manager within one hundred and twenty (120) days after Project completion. 8. Cost Principles a. CITY agrees to comply with Office of Management and Budget Circular A-87, Cost Principles for State and Local Government, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. b. Any Project costs for which CITY has received payment or credit that are determined by subsequent audit to be unallowable under Office of Management and Budget Circular A-87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by CITY to DEPARTMENT. Should CITY. fail to reimburse moneys due DEPARTMENT within thirty (30) days of discovery or demand, or within such other period as may be agreed in writing between the Parties hereto, DEPARTMENT is authorized to intercept and withhold future payments due CITY from DEPARTMENT or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source. c. CITY agrees the Project may be included in the schedule of projects to be examined in CITY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with Office of Management and Budget Circular A- 133. d. Prior to CITY seeking reimbursement of indirect costs, CITY must prepare and submit annually to the DEPARTMENT an indirect cost rate proposal and a central service costs allocation plan (if any) in accordance with Office of Management and Budget Circular A-87 and Local Program Procedures Manual (LLP 04-10). 9. Americans with Disabilities Act By signing this FTA, CITY assures DEPARTMENT that CITY complies with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.). 10. Indemnification a. Nothing in the provisions of the Agreement is intended to create duties or obligations to, or rights in third parties not a Party to this FTA, or to affect the legal liability of either Party to this FTA by imposing any standard of care with respect to the operation, maintenance and repair of intercity rail facilities different from the standard of care imposed by law. b. Neither DEPARTMENT nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this FTA. It is understood and agreed that CITY shall fully defend, indemnify and save harmless DEPARTMENT, its officers and employees from all claims, suits or actions of 25J-10 Agreement No. 75A0242 Al CITY OF SANTA ANA Page 5 of 10 every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this FTA. 11. Non-Discrimination a. During the performance of this FTA, CITY and all of its subcontractors, if any, shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family and medical care leave, and denial of pregnancy disability leave. CITY and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. CITY and its sub-contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this FTA by this reference and are made a part hereof as if set forth in full. CITY and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. b. CITY shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this FTA. 12. Funding Rectuirements a. DEPARTMENT has the option to void this FTA under the thirty (30) day termination clause or to amend this FTA to reflect any reduction of funds. In the event of an unscheduled termination, the DEPARTMENT Contract Manager may reimburse CITY is accordance with the provisions of Article 4 of this Section III. b. This FTA is subject to any additional restrictions, limitations, conditions, or any statute enacted by Congress or the State Legislature that may affect the provisions, terms, or funding of this FTA in any manner. 13. Records Retention a. CITY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs byline item for the Project. The accounting system of CITY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of CITY, its contractors and subcontractors connected with Project performance under this FTA shall be maintained for a minimum of three (3) years from the date of final payment to CITY and shall be held open to inspection, copying, and audit by representatives of DEPARTMENT, and the California State Auditor. Copies thereof will be furnished by CITY, its contractors, and its subcontractors upon receipt of any request made by DEPARTMENT or its agents. In conducting an audit of the costs claimed under this FTA, DEPARTMENT will rely to the maximum extent possible on any prior audit of CITY pursuant to the provisions of State law. In the absence of such an 25J-11 Agreement No. 75A0242 Al CITY OF SANTA ANA Page 6 of 10 audit, any acceptable audit work performed by CITY's external and internal auditors may be relied upon and used by DEPARTMENT when planning and conducting additional audits. b. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of CITY's contracts with third parties pursuant to Government Code section 8546.7, CITY, CITY's contractors and subcontractors and DEPARTMENT shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to CITY under this FTA. DEPARTMENT, the California State Auditor, or any duly authorized representative of DEPARTMENT, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and CITY shall furnish copies thereof if requested. c. CITY, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agent of the State of California designated by DEPARTMENT for the purpose of any investigation to ascertain compliance with this FTA. 14. Disputes a. Any dispute concerning a question of fact arising under this FTA that is not disposed of by agreement shall be decided by the DEPARTMENT Contract Officer, who may consider any written or verbal evidence submitted by CITY. b. Neither the pendency of a dispute nor its consideration by the Contract Officer will excuse CITY from full and timely performance in accordance with the terms of the FTA. 15. Labor Code Compliance CITY shall include in all subcontracts funded by this FTA which contemplates the actual construction of a public works project paid for by funds allocated under this FTA, a clause that requires each subcontractor to comply with California Labor. Code requirements that all workers employed on public works projects (as defined in California Labor Code 1720- 1815) will be paid not less than the general prevailing wage rates predetermined by the Director of the State Department of Industrial Relations. 16. Disadvanta4ed Business Enterprise Should Title 49 CFR Part 26, entitled "Participation by Disadvantaged Business Enterprise in State of California, Department of Transportation Financial Assistance Programs", be applicable to CITY, CITY will meet, or make good faith efforts to meet, the applicable goals in the award of every contract for work to be performed under this FTA. 25J-12 Agreement No. 75A0242 Al CITY OF SANTA ANA Page 7 of 10 17. Disabled Veterans Business Enterprise a. Should Military and Veterans Code sections 999 et seq. be applicable to CITY, CITY will meet, or make good faith efforts to meet, the 3% Disabled Veterans Business Enterprises goals (or CITY's applicable higher goals) in the award of every contract for Project work to be performed under this FTA. b. CITY shall have the sole duty and authority under this FTA and each amendment to determine whether these referenced code sections are applicable to CITY and, if so, whether good faith efforts asserted by those contractors of CITY were sufficient as outlined in Military and Veterans Code sections 999 et seq. 18. Federal Lobbving Activities Certification a. CITY certifies, to the best of its knowledge and belief, that: No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the CITY, to-any person for influencing or attempting to influence an officer or employee of any State or Federal CITY, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress, in connection with the awarding of any State or Federal contract, the making of any State or Federal grant, the making of any State or Federal loan, the entering into of any contract or agreement, and the extension, continuation, renewal, amendment, or modification of any State or Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal CITY, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this FTA, CITY shall complete and submit Standard Form-LL, "Disclosure Form to Report Lobbying", in accordance with its instructions. c. This certification is a material representation of fact upon which reliance was placed when this FTA was entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. d. CITY also agrees, by signing this FTA, that the language of this certification shall be included in all lower tier subcontracts which exceed $100,000, and that all such subcontractors shall certify and disclose accordingly. 19. Drug-Free Workplace Certification By signing this FTA, CITY hereby certifies under penalty of perjury under the laws of the State of California that CITY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code section 8350 et seq.) and will provide adrug-free workplace by doing all of the following: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code section 8355(a). 25J-13 Agreement No. 75A0242 Al CITY OF SANTA ANA Page 8 of 10 b. Establish aDrug-Free Awareness Program as required by Government Code section 8355(b) to inform employees about all of the following: the dangers of drug abuse in the workplace, 2. the person's or organization's policy of maintaining adrug-free workplace, 3. any available counseling, rehabilitation, and employee assistance programs, and 4. penalties that may be imposed upon employees for drug abuse violations. c. Provide as required by Government Code section 8355(c), that every employee who works on the proposed contract or grant: will receive a copy of the company's drug-free policy statement, and 2. will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. Failure to comply with these requirements may result in suspension of payments under this FTA or termination of this FTA or both, and CITY may be ineligible for the award of any future state contracts if DEPARTMENT determines that any of the following has occurred: (1) CITY has made a false certification or, (2) CITY violates the certification by failing to carry out the requirements as noted above. 20. Relationship of Parties It is expressly understood that this FTA is an agreement that is executed by and between two (2) independent governmental entities and that this is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party. . 21. Disabled Access Review Disabled access review by the Department of General Services (Office of State Architect) is required for the construction of all publicly funded Project buildings, structures, sidewalks, curbs and related facilities. No construction contract will be awarded by CITY unless CITY plans and specifications for such facilities conform to the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Administrative Code and the Americans with Disabilities Act (42 USC 12101, et. seq.). 22. Fire Marshal Review The State Fire Marshal adopts building standards for fire safety and panic prevention. Such regulations pertain to fire protection design and construction, means of egress and adequacy of exits, installation of fire alarms, and fire extinguishment systems for any DEPARTMENT owned or DEPARTMENT occupied buildings per section 13108 of the Health and Safety Code. When applicable, CITY must assure that any relevant Project plans meet the standards of the State Fire Marshal to ensure consistency with DEPARTMENT fire protection standards. 25J-14 Agreement No. 75A0242 Al CITY OF SANTA ANA Page 9 of 10 23. Environmental Clearance Environmental clearance of Project by CITY and/or DEPARTMENT is required prior to requesting funds for right of way purchase or construction. CITY shall not request funds nor shall any department/CITY board or commission authorize expenditures of funds for Project, except feasibility or planning studies, which may have a significant effect on the environment unless such a request is accompanied by an environmental impact report per California Public Resources Code section 21102. The California Environmental Quality Act (CEQA), in California Public Resources Code section 21080(b)(10), does provide an exemption for rail proiects which institute or increase passenger or commuter services on rail or highway rights-of-way already in use. 24. Public Work If this Project will result in the construction, alteration, modification or maintenance of a "Public Work," as that term is defined in the Labor Code, then CITY must conform to the provisions of the Labor Code applicable to Public Works as set forth in said sections 1720 through 1815, all applicable regulations of the Department of Industrial Relations, and determinations of coverage as issued by the Director of Industrial Relations. 25. Project Close Out The FTA Termination Date refers to the last date for CITY to incur valid Project costs or credits and is the date the FTA expires. CITY, has one hundred and twenty (120) days after that Termination Date to make final allowable payments to Project contractors or vendors, prepare the Project Closeout Report, and submit the final invoice to DEPARTMENT for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by that one hundred and twentieth (120th) day will be reverted and will no longer be accessible to reimburse late Project invoices. 25J-15 Agreement No. 75A0242 Al CITY OF SANTA ANA Page 10 of 10 ATTACHMENTS: The following attachments are incorporated into and are made a part of this FTA by this reference and attachment. Attachment I Project Description Attachment II Scope of Work and Cost Estimate Attachment III City Resolution IN WITNESS WHEREOF, the parties hereto have executed this FTA by their duly authorized officers. STATE OF CALIFORNIA DEPAR'X~MENT OF TRANSPORTATION j ~ r ~ BY ~~ ~ i'~L // ~/v'r RHOi~1DA PILE Contracts Officer THE CITY OF SANTA ANA BY. DAVID N. REAM City Manager DATE BY JOE FLETCHER City Attorney DATE ~- ~'~~ DATE /~ ^~ ~L BY PATRICIA HEALY Clerk of the Council DATE BY JAMES G. ROSS Executive Director Public Works DATE 25J-16 Agreement No. 75A0242 /~ J Attachment III City Resolution 1 CER?IFICATE OF ORIGII~IALITY State of California County of Oran6e I, ~ANICE C. Ci[7Y, Clerk of the Council, do hereby certify the attached Resolution No. /l1~ -~f ~- to be the original resolution adopted by the City Council of tine City of Santa Ana on f~'/~ =! ~ Date: t -~f - f S _„ • of the Council City of Santa Ana ~_.. 25J-17 - r. r rr r...r r it \L RESOLUTION N0.1999 -a 5 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA AUTHORIZING APPLICATION FOR FUNDS FOR THE TRANSPORTATION EIYfIANCEMENT ACTIVITY PROGRAM UNDER THE 1998 TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY FOR PROJECTS LISTED ON ~ THE ATTACHED PROJECT LIST. WHEREAS, the United State Congress in June 1998 enacted the Transportation Efficiency Act of 1991 which make funds available to the Orange County Transportation Authority (OCTA) for transportation enhancement activities; and WHEREAS, OCTA has established the procedures and criteria for reviewing proposals; and WHEREAS, Public Works Agency (PWA) of the City of Santa Ana possesses authority to nominate transportation enhancement activities and to finance, acquire, ;and construct the proposed projects; and _ VI~iEREAS, formal action of We City Council of the City of Saata:~ia •authcrius tha j nomination of projects listed on the attached project list, includia~..all=uader~taad6g •and assw~ances contained therein, and authorizes the Executive Director,af the,PliVA••tQ actin connection with the nomination attd to provide such additional information as•pnay~ be~tequiral;' and . ~, 1 r WHEREAS, the PWA will maintain and operate the property acquired, developed, rehabilitated, or restored for the life of the resultant faciGty(ies) or activity; and WHEREAS, with the approval of the California Departmcat of Transportation (Caltrans) and OCTA, the PWA or its sueoessors is interest is the property may transfer the responsibility ~ to maintain and operate the property; and . WHEREAS, the PWA will give to Caltrans's and OCTA's representatives access to and the right to examine all records, books, papers or documents related to the transportation enhancement activity; and WHEREAS, the PWA will cause work on the projects to be coYnmeaced within a reasonable time after receipt of notification from the State that funds have been approved by the Federal Highway Administration and that the 'project will be carried to completion with reasonable diligence; and WHEREAS, the PWA will comply, where applicable, with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the.American Disabilities Act, the Secretary of Interior's Standards and Guidelines for Archeological and Historic Preservation, and any other fedtral, state, and/or local laws, rules and/or regulations. 25J-18 5 Rcsolutioa No.1999 -a 52 Page 2 ra4 ebb 'doe, r . rrw cr NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The Executive Director of the PWA is hereby authorized to apply for the Transportation F.nhaneeme~nt Activity Program under the Transportation Equity Act for the 21ST Century for projects listed on the project list, Exhibit "A," attached hereto and incorporated herein by reference. ~ •. . ... 2. The City of Santa Ana agrees to fund its share of the project costs and any additional costs over the identified programmed amount. This action is in conforatance with the OCTA Transportation Enhancement Activity program guidelines and does not exceed seventy- five (75) percent of the total eligible costs. ADOPTED this l~ day of August ,1999. . • • ~ • ~~/ ~ . • i ,~ ' ~~~ • ~Y . ~ M' A. Pull o, C1CrkOfTl1C'Co~incil ~• Mayor COUNCIL MEMBERS: . Pulido APPROVED AS TO FORM: • Lutz _~, Joseph W. Fletcher . Bist hsent ~ .City Attorney • Christy Ave .. Franklin ~ McC3uigan Aye Cristiae L. Shaw Moreno ~t ~ voting Deputy City Attorney ?FIE FORE6~MrG DOt#lI~dIT,IS A illArL ~ i I~IECf C~1f ~ . TFE t1i1 ~1.E N TF11S tIFHCE. . p TIf ORisiNAt. oN ~ w , . ~ ATTEST;.. ~ ~ ~' y` .~ 1 ...~ t~ElIK OF THE COUNCN.. OF SANTA ANA 6 25J-19 A-2006-224 Agreement No. 75A0242 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AGREEMENT TO PERFORM CAPITAL IMPROVEMENTS AT THE SANTA ANA AMTRAK STATION FACE SHEET CONTRACTOR: EFFECTIVE DATE OF AGREEMENT: TERMINATION DATE: DATE OF FUNDING ALLOCATION: City of Santa Ana May 15, 2006 June 30, 2008 NIA. CTC RESOLUTION NO.: TITLE OF PROJECT: N/A. Santa Ana Depot Art Wall DESCRIPTION: Install wall with art panels. FISCAL YEAR(S) PROGRAMMED: 2005/2006 PURPOSE: Construction FUNDS AUTHORIZED FOR EXPENDITURE: $ 250,000 FUND SOURCE: PTA - (046T) SOURCE DIST UNIT CHARGE DIST UNIT EXP AUTH GEN LED SUB ACCT WORK ORDER NO. SPECIAL DESIGNATION SUB JOB NO. RW PARCEL NO. LOCATION BRIDGE NO. OBJECT AMOUNT DE CR FY ENCUMBRANCE DOCUMENT NUMBER 75 - 807 75 - 807 633085 7049 $ 250,000 05/06 >~~©~~{ I hereby certify upon my own personal knowledge that budgeted funds are available for the riod and u se of the ex nditure stated above. ti g Officer's S' ture~ Date Signed: ITEM 2660-001-0046 CHAPTER 38 STATUTES 2005 FISCAL YEAR 2005/2006 ~ ~ ("? v Amount encumbered by this document: $ 250,000 Prior amount encumbered: $ 0 Total amount encumbered: $ 250,000 25J-20 Agreement No. 75A0242 CITY OF SANTA ANA Page 1 of 10 FUND TRANSFER AGREEMENT THIS FUND TRANSFER AGREEMENT (FTA), EFFECTIVE May 15, 2006, ONCE FULLY EXECUTED, is between the State of California, acting by and through its Department of Transportation, referred to herein as DEPARTMENT, and the City of Santa Ana, hereinafter referred to as CITY. RECITALS 1. DEPARTMENT, pursuant to Government Code section 14081, is authorized to enter into agreements with a public entity to assist in the performance of any services in connection with the public entity's transit facilities. 2. CITY has agreed to implement the Santa Ana Depot Art Wall project, hereinafter the Project, subject to the terms and. conditions of this FTA. The Project Description and Scope of Work and Cost Estimate are attached hereto as Attachments I and II. 3. The CITY resolution authorizing CITY to execute contracts and agreements is attached hereto as Attachment III. 4. All services performed by CITY pursuant to this FTA are intended to be performed in accordance with all applicable Federal, State, and CITY laws, ordinances, regulations, and in conformance with DEPARTMENT'S encroachment permits, published manuals, policies, and procedures. 5. Project funding is as follows: FUND TITLE FUND SOURCE DOLLAR AMOUNT PTA - (046T) Chapter 38, Statutes of 2005 $250,000 6. This FTA is exempt from legal review and approval by the Department of General Services pursuant to PCC section 10295. SECTION I CITY AGREES: To satisfactorily complete all Project Work described in Attachment II, the Scope of Work. SECTION II DEPARTMENT AGREES: DEPARTMENT agrees that when conducting an audit of the Project costs claimed by CITY under the provisions of this FTA, DEPARTMENT will rely to the maximum extent possible on any prior audit of CITY pursuant to the provisions of State and applicable Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that such work is acceptable to DEPARTMENT when planning and conducting additional audits. 25J-21 Agreement No. 75A0242 CITY OF SANTA ANA Page 2 of 10 SECTION III IT IS MUTUALLY AGREED: In consideration of the foregoing and the mutual promises of the parties hereto, CITY and DEPARTMENT agree as follows: 1. Notification of Parties a. CITY's Project Manager is Mr. Jason Gabriel, P.E. (714) 647-5664 b. DEPARTMENT's Contract Manager is Mr. Mark Codey (916) 653-0754 All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses: The City of Santa Ana Attention: Jason Gabriel Senior Civil Engineer Design Engineering Section Public Works Agency M-36 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 California Department of Transportation Division of Rail, MS-74 Attention: Mark Codey P.O. Box 942874 Sacramento, CA 94274-0001 2. Period of Performance Work under this FTA shall begin effective on the date appearing at the top of the face sheet of this agreement, once it is fully executed, and will terminate on June 30, 2008, unless extended by amendment. 3. Chan4es in Terms/Amendment This FTA may only be amended or modified by mutual written agreement of the parties. 4. Termination This FTA may be terminated by either party for any reason by giving written notice to the other party at least thirty (30) days in advance of the effective date of such termination. In the event of termination by said notice, funds reimbursed to CITY will include all authorized non-cancelable obligations and allowable prior costs incurred to the limit of the Project funds encumbered. 5. Cost Limitation a. The total amount payable to CITY pursuant to this FTA by DEPARTMENT shall not exceed $250,000.00. 25J-22 Agreement No. 75A0242 CITY OF SANTA ANA Page 3 of 10 b. It is agreed and understood that this FTA fund limit is an estimate and that DEPARTMENT will only reimburse the cost of services actually rendered as authorized by the DEPARTMENT Contract Manager, said costs not to exceed that fund limitation set forth in 5.a, above, unless amended. 6. Allowable Costs a. DEPARTMENT will reimburse CITY for expended actual allowable direct and indirect costs, including, but not limited to labor costs, employee benefits, and travel (overhead is reimbursable only if the CITY has an approved indirect cost allocation plan) and contracted consultant services costs incurred by CITY in performance of the Project work, not to exceed the cost reimbursement limitation set forth in 5.a, above, unless amended. b. Reimbursement of CITY expenditures will be authorized only for those allowable costs actually incurred by CITY in the performance of the Project work. CITY must not only have incurred the expenditures on or after the Effective Date of this FTA and before the Termination Date, but must have also paid for those costs to claim any reimbursement. c. Travel expenses and per diem rates are not to exceed the rate specified by the State-of Califomia Department of Personnel Administration for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates are not commercially available to CITY, or its contractors, its subcontractors, and/or its subrecipients, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process. d. DEPARTMENT will reimburse CITY for all allowable Project costs no more frequently than monthly in arrears as promptly as DEPARTMENT fiscal procedures permit upon receipt of acceptable and accurate duplicate itemized signed invoices. Invoices shall reference this FTA Number and shall be signed and submitted to the Contract Manager at the following address: California Department of Transportation Division of Rail, MS-74 Attention: Mark Codey P.O. Box 942874 Sacramento, CA 94274-0001 e. Invoices shall include the following information: 1. Names of the CITY Personnel performing work, or subcontractor invoices. 2. Dates of Service. 3. Locations of Service. 7. Resorts a. CITY shall submit a written progress report with each set of invoices, to allow the DEPARTMENT's Contract Manager to determine if CITY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. 25J-23 Agreement. No. 75A0242 CITY OF SANTA ANA Page 4 of 10 b. Any document or written report prepared as a requirement of this FTA shall contain, in a separate section preceding the main body of the document, the FTA number. c. CITY will provide a final written report to the DEPARTMENT's Contract Manager within one hundred and twenty (120) days after Project completion. 8. Cost Princiales a. CITY agrees to comply with Office of Management and Budget Circular A-87, Cost Principles for State and Local Government, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. b. Any Project costs for which CITY has received payment or credit that are determined by subsequent audit to be unallowable under Office of Management and Budget Circular A-87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by CITY to DEPARTMENT. Should CITY fail to reimburse moneys due DEPARTMENT within thirty (30) days of discovery or demand, or within such other period as may be agreed in writing between the Parties hereto, DEPARTMENT is authorized to intercept and withhold future payments due CITY from DEPARTMENT or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source. c. CITY agrees the Project may be included in the schedule of projects to be examined in CITY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with Office of Management and Budget Circular A- 133. d. Prior to CITY seeking reimbursement of indirect costs, CITY must prepare and submit annually to the DEPARTMENT an indirect cost rate proposal and a central service costs allocation plan (if any) in accordance with Office of Management and Budget Circular A-87 and Local Program Procedures Manual (LLP 04-10). 9. Americans with Disabilities Act By signing this FTA, CITY assures DEPARTMENT that CITY complies with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.). 10. Indemnification a. Nothing in the provisions of the Agreement is intended to create duties or obligations to, or rights in third parties not a Party to this FTA, or to affect the legal liability of either Party to this FTA by imposing any standard of care with respect to the operation, maintenance and repair of intercity rail facilities different from the standard of care imposed by law. b. Neither DEPARTMENT nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this FTA. It is understood and agreed that CITY shall fully defend, indemnify and save harmless DEPARTMENT, its officers and employees from all claims, suits or actions of 25J-24 Agreement No. 75A0242 CITY OF SANTA ANA Page 5 of 10 every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this FTA. 11. Non-Discrimination a. During the performance of this FTA, CITY and all of its subcontractors, if any, shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family and medical care leave, and denial of pregnancy disability leave. CITY and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. CITY and its sub-contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.)... The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this FTA by this reference and are made a part hereof as if set forth in full. CITY and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. b. CITY shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this FTA. 12. Funding Requirements a. DEPARTMENT has the option to void this FTA under the thirty (30) day termination clause or to amend this FTA to reflect any reduction of funds. In the event of an unscheduled termination, the DEPARTMENT Contract Manager may reimburse CITY is accordance with the provisions of Article 4 of this Section III. b. This FTA is subject to any additional restrictions, limitations, conditions, or any statute enacted by Congress or the State Legislature that may affect the provisions, terms, or funding of this FTA in any manner. 13. Records Retention a. CITY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs byline item for the Project. The accounting system of CITY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of CITY, its contractors and subcontractors connected with Project performance under this FTA shall be maintained for a minimum of three (3) years from the date of final payment to CITY and shall be held open to inspection, copying, and audit by representatives of DEPARTMENT, and the California State Auditor. Copies thereof will be furnished by CITY, its contractors, and its subcontractors upon receipt of any request made by DEPARTMENT or its agents. In conducting an audit of the costs claimed under this FTA, DEPARTMENT will rely to the maximum extent possible on any prior audit of CITY pursuant to the provisions of State law. In the absence of such an 25J-25 Agreement No. 75A0242 CITY OF SANTA ANA Page 6 of 10 audit, any acceptable audit work performed by CITY's external and internal auditors may be relied upon and used by DEPARTMENT when planning and conducting additional audits. b. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of CITY's contracts with third parties pursuant to Government Code section 8546.7, CITY, CITY's contractors and subcontractors and DEPARTMENT shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to CITY under this FTA. DEPARTMENT, the California State Auditor, or any duly authorized representative of DEPARTMENT, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and CITY shall furnish copies thereof if requested. c. CITY, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agent of the State of California designated, by DEPARTMENT for the purpose of any investigation to ascertain compliance with this FTA. 14. Disautes a. Any dispute concerning a question of fact arising under this FTA that is not disposed of by agreement shall be decided by the DEPARTMENT Contract Officer, who may consider any written or verbal evidence submitted by CITY. b. Neither the pendency of a dispute nor fts consideration by the Contract Officer will excuse CITY from full and timely performance in accordance with the terms of the FTA. 15. Labor Code Comaliance CITY shall include in all subcontracts funded by this FTA which contemplates the actual construction of a public works project paid for by funds allocated under this FTA, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works projects (as defined in California Labor Code 1720- 1815) will be paid not less than the general prevailing wage rates predetermined by the Director of the State Department of Industrial Relations. 16. Disadvantaged Business Enterprise Should Title 49 CFR Part 26, entitled "Participation by Disadvantaged Business Enterprise in State of California, Department of Transportation Financial Assistance Programs", be applicable to CITY, CITY will meet, or make good faith efforts to meet, the applicable goals in the award of every contract for work to be performed under this FTA. 25J-26 Agreement No. 75A0242 CITY OF SANTA ANA Page 7 of 10 17. Disabled Veterans Business Enterprise a. Should Military and Veterans Code sections 999 et seq. be applicable to CITY, CITY will meet, or make good faith efforts to meet, the 3% Disabled Veterans Business Enterprises goals (or CITY's applicable higher goals) in the award of every contract for Project work to be performed under this FTA. b. CITY shall have the sole duty and authority under this FTA and each amendment to determine whether these referenced code sections are applicable to CITY and, if so, whether good faith efforts asserted by those contractors of CITY were sufficient as outlined in Military and Veterans Code sections 999 et seq. 18. Federal Lobbvin4 Activities Certification a. CITY certifies, to the best of its knowledge and belief, that: No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person for influencing or attempting to influence an officer or employee of any State or Federal CITY, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress, in connection with the awarding of any State or Federal contract, the making of any State or Federal grant, the making of any State or Federal loan, the entering into of any contract or agreement, and the extension, continuation, renewal, amendment, or modification of any State or Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal CITY, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this FTA, CITY shall complete and submit Standard Form-LL, "Disclosure Form to Report Lobbying", in accordance with its instructions. c. This certification is a material representation of fact upon which reliance was placed when this FTA was entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. d. CITY also agrees, by signing this FTA, that the language of this certification shall be included in all lower tier subcontracts which exceed $100,000, and that all such subcontractors shall certify and disclose accordingly. 19. Drug-Free Workplace Certification By signing this FTA, CITY hereby certifies under penalty of perjury under the laws of the State of California that CITY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Govemment Code section 8350 et seq.) and will provide adrug-free workplace by doing all of the following: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code section 8355(a). 25J-27 Agreement No. 75A0242 CITY OF SANTA ANA Page 8 of 10 b. Establish aDrug-Free Awareness Program as required by Government Code section 8355(b) to inform employees about all of the following: 1. the dangers of drug abuse in the workplace, 2. the person's or organization's policy of maintaining adrug-free workplace, 3. any available counseling, rehabilitation, and employee assistance programs, and 4. penalties that maybe imposed upon employees for drug abuse violations. c. Provide as required by Government Code section 8355(c), that every employee who works on the proposed contract or grant: will receive a copy of the compan~s drug-free policy statement, and 2. will agree to abide by the terms of the compan~s statement as a condition of employment on the contract or grant. Failure to comply with these requirements may result in suspension of payments under this FTA or terrnination of this FTA or both, and CITY may be ineligible for the award of-any future state contracts ff DEPARTMENT determines that any of the following has occurred: (1) CITY has made a false certification or, (2) CITY violates the certification by failing to carry out the requirements as noted above. 20. Relationshia of Parties It is expressly understood that this FTA is an agreement that is executed by and between two (2) independent governmental entities and that this is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party. 21. Disabled Access Review Disabled access review by the Department of General Services (Office of State Architect) is required for the construction of all publicly funded Project buildings, structures, sidewalks, curbs and related facilities. No construction contract will be awarded by CITY unless CITY plans and specifications for such facilities conform to the provisions of sections 4450 and 4454 of the Califomia Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Administrative Code and the Americans with Disabilities Act (42 USC 12101, et. seq.). 22. Fire Marshal Review The State Fire Marshal adopts building standards for fire safety and panic prevention. Such regulations pertain to fire protection design and construction, means of egress and adequacy of exits, installation of fire alarms, and fire extinguishment systems for any DEPARTMENT owned or DEPARTMENT occupied buildings per section 13108 of the Health and Safety Code. When applicable, CITY must assure that any relevant Project plans meet the standards of the State Fire Marshal to ensure consistency with DEPARTMENT fire protection standards. 25J-28 Agreement No. 75A0242 CITY OF SANTA ANA Page 9 of 10 23. Environmental Clearance Environmental clearance of Project by CITY and/or DEPARTMENT is required prior to requesting funds for right of way purchase or construction. CITY shall not request funds nor shall any department/CITY board or commission authorize expenditures of funds for Project, except feasibility or planning studies, which may have a significant effect on the environment unless such a request is accompanied by an environmental impact report per California Public Resources Code section 21102. The California Environmental Quality Act (CEGZA), in California Public Resources Code section 21080(b)(10), does provide an exemption for rail projects which institute or increase passenger or commuter services on rail or hiphwav rights-of-way already in use. 24. Public Work If this Project will result in the construction, alteration, modification or maintenance of a "Public Work," as that term is defined in the Labor Code, then CITY must conform to the provisions of the Labor Code applicable to Public Works as set forth in said sections 1720 through 1815, all applicable regulations of the Department of Industrial Relations, and determinations of coverage as issued by the Director of Industrial Relations. 25. Project Close Out The FTA Termination Date refers to the last date for CITY to incur valid Project costs or credits and is the date the FTA expires. CITY has one hundred and twenty (120) days after that Termination Date to make final allowable payments to Project contractors or vendors, prepare the Project Closeout Report, and submit the final invoice to DEPARTMENT for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by that one hundred and twentieth (120th) day will be reverted and will no longer be accessible to reimburse late Project invoices. 25J-29 Agreement No. 75A0242 CITY OF SANTA ANA Page 10 of 10 ATTACHMENTS: The following attachments are incorporated into and are made a part of this FTA by this reference and attachment. Attachment I Project Description Attachment II Scope of Work and Cost Estimate Attachment III City Resolution IN WITNESS WHEREOF, the parties hereto have executed this FTA by their duly authorized officers. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION BY ~ i ~' DATE 1 ~ ~ ~ D Contracts Officer ~ ?~~ (~ THE CITY OF SANTA ANA BY DAVID N. REAM City Manager B PATRICIA HEALY Clerk of the Council DATE C ~ ~~ ~ '~ Io ~~,,,>-~ BY >~' ~~ , ,~--- J EP~W . C qty orney DATE /,' ~ DATE JA ES G. SS Executive Director Public Works DATE ~ - ~s~ ~' ~ ~' 25J-30 Agreement No. 75A0242 Attachment I Project Description The proposed project is located at 1000 East Santa Ana Boulevard at the Santa Ana Regional Transit Center (SARTC) in the City of Santa Ana. The project entails construction of a block wall and the installation of color imprinted art panels onto the wall. The block wall has two main functions: 1) to serve as a visual barrier to the Orange County maintenance facility for train patrons and others using the station facility, and 2) serve as the mounting wall for the art panels. The wall will be 1000 feet long, and 10 feet high. The images to be imprinted on the panels will be selected by a local arts committee. Initially, this project was to be constructed in tandem with the platform reconstruction as part of the Pedestrian Bridge project at the SARTC. Avery specific time window was built into the overall project schedule for this coordinated effort to occur, but events precluded the Art Wall from being constructed during this timeframe. The Art Wall will now be constructed upon completion of the Pedestrian Bridge (July 2006). This post-platform construction of the Art Wall will necessitate working within a limited physical space (8' to 10'), and will require the use of lighter duty equipment. This will add both time and cost to the original budget of the project. 25J-31 Agreement No. 75A0242 Attachment II Scope of Work and Cost Estimate Scope of Work: • Construct block wall with footings approximately 10 feet high and approximately 1000 feet in length. • Install art panels. Cost Estimate: • $250,000.00 25J-32 Agreement No. 75A0242 Attachment III City Resolution 1 CERTIFICATE OF ORIGII~tALITY Stage of California County of Orange I, JAIIICE C. GL7Y, Clerk of tlu Council, do hereby certifj- the attached Resolution No. /l1, -a~f }- to be the original resolution adopted by the City Council of the City of Santa Ana on fr -/~ ~- ! ~ Date• r -~j - f y ,,,~ • ~ ~1 of tht Council - ~ City of Santa Aga .. ~~ 25J-33 RESOLUTION N0.1999 -Q 5 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA AUTHORIZING APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITY PROGRAM UNDER THE 1998 TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY FOR PROJECTS LISTED ON ~ THE ATTACHED PROJECT LIST. WHEREAS, the United State Congress in June 1998 enacted the Transportation Efficiency Act of 1991 which make funds available to the Orange County Transportation Authority (OCTA) for transportation enhancement activities; and WHEREAS, OCTA has established the procedures and criteria for reviewing proposals; and WHEREAS, Public Works Agency (PWA) of the City of Santa Ana possesses authority to nominate transportation enhancement activities and to finance, acquire,-and construct the proposed projects; and - WHEREAS, formal action of the City Council of the City of Santa:A~~a authrrizes the nomination of projects listed on the attached project list, includin~.,,all:uader~taadag ~aad assurances contained therein, and authorizes the Executive Director ,af 'thc'~ P1i~A~~ •~Q act ~ in connection with the nomination anal to provide such additional information as.pnay~ be~requi=ecl;' and . WHEREAS, the PWA will maintain and operate the property acquired, developed, rehabilitated, or restored for the life of the resultant facility(ies) or activity; and WHEREAS, with the approval of the California Department of Transportation (Caltrans) and OCTA, the PWA or its successors in interest in the property may transfer the responsibility ~ to maintain and operate the property; and . WHEREAS, the PWA will give to Caltrans's and OCTA's representatives access to and the right to examine all records, books, papers or documents related to the transportation~~ enhancement activity; and WHEREAS. the PWA will cause work on the projects to be commenced .within a reasonable time after receipt of notification from the State that funds have been approved by the Federal Highway Administration and that the'projecl will be carried to completion with reasonable diligence; and WHEREAS, the PWA will comply, where applicable, with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the.American Disabilities Act, the Secretary of Interior's Standards and Guidelines for Archeological and Historic Preservation, and any other fcdcral, state, andJor local laws, rules andlor regulations. 25J-34 5 Resolution No. 1999 --0 52 Page 2 .... .. ..~.... u ~u f 14 ~b10 ~OOY.J r . r~o~ c~- NOW, THEREFORE, BE IT RESOLVED HY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The Executive Director of the PWA is hereby authorized to apply for th,e Transportation Enhancement Activity Program undo the Transportation Equity Act for the 21ST Century for projects listed on the project list, Exhibit "A," attached hereto and incorporated herein by reference. ... ~ . ... 2. The City of Santa Ana agrees to fund its share of the project costs aad any additional costs over the identified programmed amount. This action is in conformance with the OCTA Transportation Enhancement Activity Program guidelines and does not exceed seventy- five (75) percent of the total eligible costs. ADOPTED this 1~ day of nuqust .1999. . ,r,•~ `` .. ~ . ani • • ~Y ~ M' A Puli o, -Clerk of the ~Co~mcil ~• Mayor • . COUNCIL MEMBERS: Pulido AYe APPROVED AS TO FORM: Lutz -~~ Joseph W. Fletcher . Bist . Absent .City Attorney Christy Aye. Franklin _,g,~ . McGuigan Ave Cristine L. Shaw Moreao ._ yotinq Deputy City Attorney TFIE FOREOONG D0CINENT.IS A RlIL 7iiUE i fx~Cf Ct~1f ~ .• ' ' ~ . THL~ 0RIGNIAL WI 1~.E N 11RS OFFS. • . I ^ T!E 0R16riAL ON FLE N _ ~ ATTEST= -....~. ~3 ~ t aL.L ov ~~ CLE1Y( OF TI# COUNCL. OF SANTA ANA 25J-35 6 25J-36