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HomeMy WebLinkAbout10-26-2020 SLOCOG Cooperative Agreemnt FullyExecutedDocuSign Envelope ID: 89485639-5D89-4086-833E-2804294EC408 RESOLUTION NO. 11172 (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS REGIONAL SURFACE TRANSPORTATION EXCHANGE / SURFACE TRANSPORTATION BLOCK GRANT COOPERATIVE AGREEMENT NO. SLO-FAST-01 WHEREAS, the City and the San Luis Obispo Council of Governments (SLOCOG) are authorized, pursuant to requirements of Fixing America's Surface Transportation Act (FAST Act) § 1109(a), to enter into a Cooperative Agreement for any transportation purpose within the City; and WHEREAS, the SLOCOG Board approved allocation of urban and regional Surface Transportation Block Grant (STBG) Program funds for projects within the City of San Luis Obispo; and WHEREAS, SLOCOG intends to exchange its apportionment of Federal Surface Transportation Block Grant (STBG) funds for Regional Surface Transportation Exchange (RSTP Exchange) funds for the projects within the City, therefore eliminating the non-federal match and compliance with the National Environmental Policy Act (NEPA). WHEREAS, CEQA Guidelines Section 15064.7(b) allows lead agencies to adopt thresholds of significance for the lead agency's general use in its environmental review process. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council hereby authorizes the City Manager to execute the San Luis Obispo Council of Governments RSTP Exchange/STBG Cooperative Agreement No. SLO-FAST- 01 (Exhibit 1). SECTION 2. The Council hereby authorizes the Assistant City Manager or their designee to prepare and submit future grant applications for competitive grant programs administered by SLOCOG. SECTION 3. The Council hereby authorizes the Assistant City Manager or their designee to execute SLOCOG grant reimbursement requests and other related grant documents on behalf of the City. DocuSign Envelope ID: 89485639-5D89-4086-833E-2804294EC408 Resolution No. 11172 (2020 Series) Page 2 SECTION 4. Environmental Review. No environmental review is required for execution of a Cooperative Agreement or grant submittals, as the proposed actions are not a "project" under CEQA Guidelines Section 15378. Upon motion of Council Member Christianson, seconded by Council Member Pease, and on the following roll call vote: AYES: Council Member Christianson, Pease, Stewart, Vice Mayor Gomez and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 201h day of October 2020. Mayor Heidi Harmon ATTEST: Teresa Purrington City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on 10/26/2020 1 9: 50 AM PDT. Teresa Purrington City Clerk R 11172 DocuSign Envelope ID: 89485639-5D89-4086-833E-2804294EC408 EXHIBIT 1 San Luis Obispo Council of Governments Agreement No. SLO-FAST-01 RSTP EXHANGE/STBG COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON THE DATE BELOW STATED is between the San Luis Obispo Council of Governments, referred to herein as "SLOCOG", and the CITY OF SAN LUIS OBISPO a municipal corporation and political subdivision of the State of California, referred to herein as the "CITY". RECITALS WHEREAS, SLOCOG and the CITY are authorized, pursuant to requirements of the Fixing America's Surface Transportation (FAST Act), FAST Act § 1109(a), to enter into a Cooperative Agreement for any transportation purpose within the CITY; and WHEREAS, The FAST Act's Surface Transportation Block Grant Program, acknowledging that this program has the most flexible eligibilities among all Federal -aid highway programs, and aligning the program's name with how FHWA has historically administered it; and WHEREAS, the SLOCOG Board approved allocation of regional Surface Transportation Block Grant Program (STBGP) funds for the projects identified on the attached Table 1 (summary table and project summary sheets) and STBGP Program continues all prior STP eligibilities (see in particular 23 U.S.C. 133(b)(15), as amended, each of the individual project is herein referred to as "PROJECT"; and WHEREAS, SLOCOG intends to exchange its apportionment of Federal Surface Transportation Block Grant Program (STBGP) funds for Regional Surface Transportation Exchange (RSTP Exchange) funds for the PROJECTs, therefore eliminating the non-federal match and compliance with the National Environmental Policy Act (NEPA); and WHEREAS, all applicable laws, regulations, and policies relating to the use of Regional Surface Transportation Program Exchange (RSTP Exchange) funds for the PROJECTs, shall apply notwithstanding any other provisions of this Agreement; and WHEREAS, all obligations of the CITY under the terms of this Agreement are subject to funding appropriation by the Legislature, and the receipt and allocation of funding by SLOCOG; and NOW, THEREFORE, in consideration of the above noted findings and considerations, the parties agree as follows: 1) The CITY agrees to administer each PROJECT and conduct the applicable environmental process required under the California Environmental Quality Act (CEQA) for each PROJECT. 2) The CITY agrees to advertise, open and review bids, and to award the contract for each applicable PROJECT (or combination of projects) as needed, in accordance with State laws. 3) The CITY agrees that all phases of each PROJECT will be developed in accordance with policies, procedures, practices, standards, regulations, and laws that apply to the CITY, Caltrans (where appropriate), and SLOCOG General Programming Requirements, the 2016 Annual Exchange Agreement and subsequent STBGP annual exchange agreements between SLOCOG and the State of California (Department of Transportation). If in the judgment of SLOCOG a project may impact a street, road or highway owned or controlled by a jurisdiction other than CITY (including without limitation the County, another city, or the State of California), SLOCOG may require the CITY to establish a project development team (PDT) composed of representatives of such jurisdictions, as well as SLOCOG. SLOCOG RSTP Exchange/STBG General Cooperative Agreement page 1 DocuSign Envelope ID: 89485639-5D89-4086-833E-2804294EC408 4) The CITY agrees to construct each PROJECT in accordance with the plans and specifications of the CITY (and Caltrans when PROJECT involves state highway facilities), and in accordance with the conditions of funding adopted by SLOCOG. 5) The CITY agrees to maintain the facilities constructed, improved, or otherwise modified. 6) The CITY agrees to utilize, for each PROJECT, an amount of Regional or Urban RSTP Exchange funds equal to or less than that adopted by SLOCOG, and that SLOCOG's total obligation shall not exceed the amounts shown in Table 1 unless a greater amount has been authorized in advance in writing by SLOCOG. 7) The CITY agrees to account for all costs for the PROJECTS to be paid by SLOCOG pursuant to this Agreement and agrees to perform all the reimbursable work for each project according to the billing period identified in the project summary sheets. 8) After the opening of bids on applicable PROJECTS, the CITY shall notify SLOCOG of any cost overruns or underruns to the original cost estimate. The following will be assumed and reflected in SLOCOG's RSTP Exchange accounting spreadsheets: a) If less funding than what was programmed is required for a PROJECT, the cost savings will be made available for reprogramming into another CITY project as approved by SLOCOG. b) If more funding than what was programmed is required for a PROJECT, the CITY will be solely responsible for providing the additional funding, which can be comprised of various non -regional funding sources, including cost savings from other CITY RSTP Exchange projects. 9) The CITY may submit an invoice for reimbursement of funds expended for each PROJECT no more than once a month, using the attached Reimbursement Request Form (Exhibit A). All Payments will be prorated between CITY and SLOCOG based on the agreed percentages of funding, as adopted by SLOCOG and listed on each project summary sheet. All invoices must contain the following: a. RSTP Exchange PROJECT number and name b. A brief description of work accomplished during the billing period. C. A copy of the consultant's bill to the CITY (if applicable). d. Amount expended by the CITY during the billing period, with evidence of funds expended (e.g. a copy of a CITY check to consultant or accounting documentation, etc.) e. Amount requested for reimbursement for the billing period 10) SLOCOG agrees to reimburse the CITY within 30 days of receipt of a completed reimbursement request form (Exhibit A) with all applicable attachments and signatures or as funds become available on a "1st come, 1st served" basis, an amount expended by the CITY during the invoices' billing period less the aforesaid proration. If a PROJECT receives both Regional and Urban Regional Surface Transportation Exchange funding (referred to in Exhibits hereto as "Regional" and "Urban" respectively), reimbursements shall be made on a pro rata basis from each source for SLOCOG's share. SLOCOG's total obligation for each PROJECT cost shall not exceed the amount shown in Table 1," unless SLOCOG has in writing authorized a greater amount per adopted SLOCOG policy. 11) Within two months of either the execution of this agreement or each PROJECT's completion and all work incidental thereto, whichever comes later, the CITY must provide SLOCOG certification in the form provided in Exhibit B hereto, of completion in accordance with the provisions in this Agreement, and a final invoice containing those items listed above. In the event that final project costs are less than those listed on Table 1, hereto, the funds shall be reallocated in accordance with SLOCOG RSTP Exchange policy Exhibit C. 12) If this project has been paid for either entirely, or in part with Regional RSTP Exchange funds, and CITY, or any of its officials, chooses to publicly memorialize participation in said project, then CITY shall also memorialize SLOCOG's financial participation in said project in a manner agreeable to SLOCOG. This paragraph shall apply to, but is not limited to, signage during construction, representation at dedications and placement of plaques or other objects of memorial ization, whether at or near the project site or not. SLOCOG RSTP Exchange/STBG General Cooperative Agreement page 2 DocuSign Envelope ID: 89485639-5D89-4086-833E-2804294EC408 13) The CITY grants to the State of California and/or SLOCOG access to the CITY's books and records for the purpose of verifying that RSTP Exchange funds paid are properly accounted for and the proceeds are expended in accordance with the terms of this Agreement. All documents shall be available for inspection by authorized Caltrans and/or SLOCOG agents at any time during the PROJECT development and for a four-year period from the date of completion, or for one year after the audit is completed or waived by Caltrans and/or SLOCOG, whichever is later. 14) Upon completion of all work under this Agreement, ownership and title to all materials will automatically be vested in the CITY and no further agreement will be necessary to transfer ownership to the CITY. 15) If existing public and/or private utilities conflict with the PROJECT construction or violate the CITY's encroachment policy (as applicable), the CITY shall make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. The CITY shall review the plans for protection, relocation or removal. If there are costs of such protection, relocation, or removal which the CITY must legally pay, the CITY shall pay the cost of said protection, relocation or removal, plus cost of engineering, overhead and inspection. If any protection, relocation or removal of utilities is required, such work shall be performed in accordance with CITY policies and procedures. 16) The CITY shall defend, indemnify and save harmless SLOCOG, its officers and employees from all and any claims, demands, damages, costs, expenses, judgments, attorneys' fees or any liability arising out of this Cooperative Agreement to the performance or attempted performance of the provisions hereof, or any project referred to in the Exhibits hereto. Nothing contained in the foregoing indemnity provision shall be construed to require CITY to indemnify SLOCOG against any responsibility of liability in contravention of Civil Code section 2782. 17) If the CITY transfers its risk connected with design or construction of this project to independent contractors, CITY agrees to use its best efforts to obtain the independent contractor's inclusion of SLOCOG as an indemnitee and in any insurance procured by such independent contractor(s) for the project, to name SLOCOG as an additional insured. 18) Both the CITY and SLOCOG shall designate a Project Coordinator who shall represent the respective agencies and through whom all communications between the parties to this agreement shall occur. 19) Both parties agree that if, in the course of carrying out the PROJECT, there is a disagreement among the Project Coordinators over the direction of the project, the matter will be forwarded through a three step conflict resolution process. First, resolution will be attempted between the CITY Manager and SLOCOG Executive Director. If a dispute continues, a determination shall be made by the SLOCOG Executive Committee, and, if required, final determination by the full SLOCOG Board. 20) Nothing in the provisions of this Agreement is intended to create duties, obligations, or rights for third parties not signatories to this Agreement or affect the legal liability of either party of the Agreement by imposing any standard of care with respect to the maintenance of local roads different from the standard of care imposed by law. 21) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties thereto, and no oral understanding or agreement not incorporated herein or in the attached Table 1 shall be binding on any of the parties thereto. 22) This Agreement may be terminated or provisions contained therein may be altered, changed, or amended by mutual consent, in writing, of the parties hereto. 23) Prior to award of a contract for any PROJECT, SLOCOG may terminate the applicable PROJECT in the Cooperative Agreement by written notice, provided SLOCOG pays the CITY for all PROJECT - related costs reasonably incurred by the CITY prior to termination. Also, prior to award of a contract for any PROJECT, the CITY may terminate the applicable PROJECT in the Cooperative Agreement by written notice, provided the CITY pays SLOCOG for all costs reasonably incurred by SLOCOG prior to termination. SLOCOG RSTP Exchange/STBG General Cooperative Agreement page 3 DocuSign Envelope ID: 89485639-5D89-4086-833E-2804294EC408 SIGNATURES: CITY OF SAN LUIS OBISPO Bv: Derek Johnson, City Manager Date: 10/23/2020 1 4:03 PM PDT ATTEST: By: Teresa Purrington, City Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: J. Christine Dietrick, City Attorney Date: 10/23/2020 1 4:00 PM PDT SAN LUIS OBISPO COUNCIL OF GOVERNMENTS By: Pt1 V Peter Rodgers, Executive Director 10/26/2020 Date: By: Nina Negranti, SLOCOG Counsel Date: 10/26/2020 SLOCOG RSTP Exchange/STBG General Cooperative Agreement page 4 DocuSign Envelope ID: 89485639-5D89-4086-833E-2804294EC408 TABLE 1 CITY OF SAN LUIS OBISPO PROJECTS for Agreement No. SLO-FAST-01 SLOCOG# Program Project Name Programmed Balance Railroad Safety Trail - Taft SMAPSL02R RSHA to Pepper Segment - ATP- $300,000 $300,000 5016 057 SMAPSL03R RSHA Signal & Intersection $370,000 $370,000 Improvements Citywide SMAPSL01 U USHA USHA - City of SLO (FY $1,430,000 $1,134,670 13/14 - 20/21 Ramona to Foothill SRTS SMAPCG04R SRTS Cycle 2 Path & HAWK (Anholm $100,000 $0 Phase 1 A SMAPCG04R SRTS Cycle 3 Anholm Neighborhood $200,000 $200,000 Greenway Phase 1 B Total $2,400,000 $2,004,670 SLOCOG RSTP Exchange/STBG General Cooperative Agreement page 5