HomeMy WebLinkAbout1994-08-23 - AGENDA REPORTS - FUNDING PRINCESSA METROLINKAGENDA REPORT
ity M ager 4Approva
Item to be presented b
Jeff Kolin Devuty Gity Manager
CONSENT CALENDAR
DATE: August 23, 1994
SUBJECT: Funding Agreement with Southern California Regional Rail Authority
for Princessa Metrolink Station
DEPARTMENT Public Works
BACKGROUND
In January 1994 an emergency Metrolink Station was constructed in Eastern Santa Clarita,
named Princessa, in response to the Northridge Earthquake. The project was managed by
the City, however the Los Angeles County Metropolitan Transportation Authority (MTA)
coordinated the FEMA application process. In order to be reimbursed for expenses incurred,
a funding agreement needs to be executed with the MTA.
RECOMMENDATION
City Council approve, and authorize the Mayor to execute an agreement with the MTA in
order to receive reimbursement for expenses incurred in the construction of the Princessa
Metrolink Station.
ATTACHMENT
Draft agreement with the MTA
agenda.mtr;dk
Qapi, w7"u"E g
0
FHWA EARTHQUAKE RECOVERY AGREEMENT -
SANTA CLARITA PRINCESSA EMERGENCY STATION
This Agreement is made and entered between the Southern
California Rail Authority ("SCRRA") and the City of Santa
Clarita ("City").
WHEREAS, SCRRA has received an advance of earthquake
recovery funds from Los Angeles County Metropolitan
Transportation Authority, ("MTA"), the lead applicant and
agency for the distribution of certain emergency funds from
the Federal Highway Administration ("FHWA"), to facilitate
service and repairs of public transportation facilities
damaged by the January 17, 1994 earthquake and its associated
aftershocks and related effects; and
WHEREAS, FHWA has completed Damage Assessment Form No.
SLS-ML-9 determining that the Santa Clarita/Princessa
Emergency Metrolink Station ("Project") is eligible for FHWA
reimbursement funding if all other applicable local State and
federal requirements are met; and
WHEREAS, MTA and SCRRA have authorized construction of
Project and operation of this Station as necessitated by the
emergency for the duration of emergency service which is
federally funded; and
WHEREAS, MTA and SCRRA have authorized City management
of Project construction and operation;
-1-
WHEREAS, SCRRA has advanced $881,000 to the City for
Project capital costs utilizing emergency funds advanced to
SCRRA from the MTA, and authorized by the attached letters
dated January.28, 1994 and February 1, 1994 (Exhibits A and B).
THEREFORE, the parties agree as follows:
1. RECITALS: The above recitals are true and correct and a
part of the agreement terms.
2. CITY agrees as follows:
a. To complete and operate the Project until the
Project is no longer eligible for federal
reimbursement or until it is no longer required for
emergency service, whichever is earlier;
These obligations include, but are not limited to,
the obligation to:
1) Assume from SCRRA agreements needed for the land
occupied by station facilities, namely, the lease
from the Newhall Land and Farming Company and the
right -of -entry from the County of Los Angeles; and,
negotiate a lease with the County as necessary.
2) Provide maintenance for all temporary station
facilities, including parking lots, platforms,
walkways, shelter, ticket office, signage, and
fixtures.
3) Provide electric power and other utilities
necessary to operate the station.
—2-
C
4) Provide a reasonable level of security to the
station. \_)
5) Follow a competitive procurement process for all
Project subcontracts over $25,000, with the
exception of contracts where the (1) the item is
available from only one source; (2) public
emergency and urgency will not permit a delay
incident to competitive bidding; (3) the FHWA
specifically authorizes it, or (4) competition is
inadequate even though competitive bidding was
attempted. The City will provide written
documentation upon request for the selection of any
subcontractor other than the lowest cost
competitor. When a sole source procurement is
followed, the City will document why competitive
procurement was not used, and how it determined the
price to be fair and reasonable in the
circumstances.
6) Accurately and completely account for all
emergency -related costs incurred through this
Project. Any and all costs may be subject to an
audit after 90 days. The City shall retain all
original records and documents related to the work
on this Project for a period of five (5) years
after completion..
-3- 1
3. City understands and agrees that under current policy
0
FHWA funding for the
Project will require a 2.875% local
match for all expenditures made more than 180 days after
the January 17, 1994 earthquake.
The City hereby agrees to accept sole financial
responsibility for any non -reimbursement of Project
costs by FHWA due to local match requirements.
4. City further understands and agrees that the Project may
be audited by FNMA/Caltrans and that any disallowed
-expenses will not be reimbursed by FHWA, MTA or SCRRA.
The City hereby agrees to accept sole financial
responsibility for any non -reimbursement of Project
costs by FHWA due to any audit exceptions.
`--�
5, SCRRA agrees to pay an additional sum of up to a maximum
of $144,000 above and beyond the $881,000 already
advanced to the City from emergency funding advanced to
SCRRA from the MTA, to a possible total of $1,025,000.
City shall submit to SCRRA to forward to MTA detailed
invoices for all costs incurred including those covered
by the $888,000 cash advance including a summary of
costs incurred, backed up by documentation of City staff
costs, subcontractor invoices, contract documents or
service requests for subcontractors, and documentation
of approval of work completed. Upon sixty days of
receipt by SCRRA of a complete invoice from the City,
SCRRA shall submit a reimbursement request to MTA/FHWA
-4-
for the expenses incurred by the City. SCRRA shall
provide payment to the City within sixty days of
receiving reimbursement from FHWA and MTA.
General Provisions
6. City agrees to furnish any additional funds that may be
necessary to complete the Project.
7. SCRRA shall not fund under this Agreement any further
material changes, as determined by SCRRA at its sole
discretion, to the station as currently constructed,
without prior written consent of the SCRRA Executive
Director or his designee.
8. ONE TIME GRANT
This is a one time only grant subject to the terms and
conditions agreed to herein. This grant does not imply
nor obligate any future funding commitment on the part -�
of SCRRA or MTA or FEMA/FHWA.
9. DEFAULT
A Default under this Agreement is defined as failure by
the City to comply with the terms and conditions
contained or incorporated herein.
10. REMEDIES
10.1 In the event of a Default by City, SCRRA
shall provide.written notice of such Default to City
with a 30-day period to cure the Default. In the event
City fails to cure the Default, or commit to cure the
default and commence the same within such 30-day prior
E
to the satisfaction of SCRRA, SCRRA shall have the
following nonexclusive remedies: (i) SCRRA may
terminate the Agreement; and/or (ii) SCRRA may make no
further disbursements of Funds to the City; and/or (iii)
SCRRA may recover from City any Funds disbursed to City
prior to and after the Default.
10.2 Effective upon receipt of written notice of
termination from SCRRA Executive Director or his
designee, City shall not undertake any new work or
obligation with respect to this Agreement unless so
directed by SCRRA in writing.
10.3 The remedies described herein are non-
exclusive. SCRRA shall have the right to enforce any
and all rights and remedies herein or which may be now
or hereafter available at law or in equity.
11. HOLD HARMLESS AND INDEMNIFICATION
11.1 City shall indemnify, defend and hold the
SCRRA and MTA harmless from and against any and all
liability to any third party for or from loss, damage or
injury to persons or property in any manner arising out
of, or incident to, the performance of this Agreement or
the planning, arranging, implementing, sponsoring or
conducting of.the Project or any other operation,
maintenance or activity by the City.
-6-
11.2 Neither SCRRA nor MTA shall have liability
for any debts, liabilities, deficits or cost overruns of
the City.
11.3 City and SCRRA agree that the liability of
the SCRRA and MTA hereunder shall be limited to the
payment of the grant monies pursuant to the terms and
conditions of this Agreement. Any contracts entered
into, or other obligations or liabilities incurred by
the City in connection with the Project or otherwise
relating to this Agreement shall be the sole
responsibility of the City, and the SCRRA and MTA shall
have no obligation or liability whatsoever thereunder or
with respect thereto.
12. OTHER TERMS AND CONDITIONS
12.1 This Agreement constitutes the entire �--�
understanding between the parties, with respect to the
subject matter herein. The Agreement shall not be
amended, nor any provisions or breach hereof waived,
except in writing signed by the parties.
12.2 In the event that there is any legal
proceeding between the parties to enforce or interpret
this Agreement to protect or establish any rights or
remedies hereunder, the prevailing party shall be
entitled to its costs and expenses, including reasonable
attorneys' fees.
12.3 This
Agreement is
by and between the SCRRA
and City and is
not intended,
and shall not be
construed, to create the relationship of agent, servant,
employee, partnership, joint venture or association
between the SCRRA and City.
12.4 City agrees to permit the SCRRA, MTA and
FHWA to make periodic site visits to determine if.
development work is in accordance with the approved
plans and specifications, or force account schedule,
including a final inspection upon Project completion.
12.5 City agrees that, upon entering into any
contract for the construction, maintenance, operation or
similar activity related to the Project, City will
require said contractor to carry adequate insurance
-� required by the SCRRA and naming the SCRRA as an
additional insured. In addition, said insurance must
require that City and the SCRRA be given thirty (30)
days advance written notice of any modification or
cancellation of said insurance. City agrees to submit
proof of such insurance to the SCRRA for its prior
approval if requested.
12.6 Neither party hereto shall be considered in
default in the performance of its obligation hereunder
to the extent that the performance of any such
obligation is prevented or delayed by unforeseen causes
including acts of God, acts of public enemy, and
-8-
0
government acts beyond the control and without fault or
negligence of the affected party. Each party hereto
shall give notice promptly to the other of the nature
and extent of any such circumstances claimed to delay,
hinder, or prevent performance of any obligations under
this Agreement.
12.7 City shall comply with and insure that work
performed under this Agreement is done in compliance
with all applicable provisions of federal, state, and
local laws, statutes, ordinances, rules, regulations,
and procedural requirements and the applicable
requirements and regulations of the SCRRA and MTA. City
acknowledges responsibility for obtaining copies of and
complying with the terms of the most recent federal,
state, or local laws and regulations and agency `✓
requirements including any amendments thereto. The
terms of such federal, state, or local laws and
regulations and agency requirements are applicable to
this Agreement to the maximum extent feasible, unless
otherwise provided for in writing by the MTA or SCRRA.
12.8 City agrees that the requirements of this
Agreement shall be ,included, as applicable, in every
subcontract entered into by City or its contractors
relating to work performed under this Agreement. City
also agrees that any subcontracts entered into or other
obligations or liabilities incurred by City in
-9-
I
connection with Project shall be the sole responsibility
of City.
12.9 City shall not assign this Agreement, or any
part thereof, without written consent and prior approval
of the SCRRA Executive Director or his designee, and any
assignment without said consent shall be void and
unenforceable.
12.10 This Agreement shall be governed by
California law. If any provision of this Agreement is
held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remaining provisions shall
nevertheless continue in full force without being
impaired or invalidated in any way.
r/ l 12.11 Subject to the limitations on assignment
J` herein, the covenants and agreements of the Agreement
shall inure to the benefit of, and shall be binding
upon, each of the parties and their respective
successors and assigns.
13. SEVERAHILITY
If any provision of this Agreement, or the
application thereof, is held invalid, that invalidity
shall not affect other provisions or applications of the
Agreement that can be given effect without the invalid
provision or application, and to this end the provisions
of this Agreement are severable.
No provision of this Agreement, or the application
0 -10-
thereof, is waived by the failure of the SCRRA to
enforce said provision or application thereof. 0
SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY
RICHARD M. STANGER
Executive Director
CITY OF SANTA CLARITA
AUTHORIZED REPRESENTATIVE DATE
lD
-11-
. EXHIBIT A �V r D vc ` r
I[ II METROUNK r!11 �1f'11
�J January 28, 1994
V1 for -
Mr. Jeff Kolin
City of Santa Clarita
23920 Valencia Boulevard
Santa Clarita, CA 91355
Dear Mr. Kolin:
Los Angeles County
Metropolitan Transponation
Authority
Orange County
Transportation Authority
Riverside County
Transportation Commission
San Bernardino
Associated Governments
Ventura County
4rensportation Commission
Ex-Ofticio Members:
Southern California
Association of Governments
San Diego Association
of Governments
State of California
You are hereby authorized to construct on behalf of the Southern
California Regional Rail Authority and the Metropolitan
Transportation Authority at the Via Princessa site in Canyon
Country an emergency temporary Metrolink Station serving the
Antelope Valley Emergency Extension. You have our permission to
expend up to $250,000 for this facility.
All invoices received by the City for this station should be
forwarded by the City to the following address, and will be paid
by SCRRA, up to the $250,000 ceiling:
Mr. Bruce Ferguson
SCRRA
818 West Seventh Street, Suite;700
l Los Angeles, CA 90017
This project will be funded from the emergency funding allocation
granted to SCRRA by the Metropolitan Transportation Authority.
Linda Bohlinger, Director of Capital Planning for MTA, has also
approved of this expenditure.
Should the expenditures on the station approach the $250,000
ceiling authorized in this letter, please contact Peter De Haan,
of MTA staff, at (213) 244-6733, so that arrangements can be made
to authorize additional spending.
RICHARD STANG8R
Executive Director
..��.���.ururmd a ro vvest seven street, 7th Floor 213623,1194
Regional Bail AuthoritY Los Angeles, CA 9DO17 FAX 213 489.1469
EXHIBIT B
1( lI1METROLINK
February 1, 1994
Los Angeles County
Metropolitan Transportation
Authority
p(� Orange County
R`nev(f Pc-KJ I Transportation Authority
Riverside County
Transportation Commis
vv�-i San Bernardino ` —•
Associated Governments
Ventura County
Transportation Commission
• Ex-0Ificio Members:.
Mr. Jeff Kolin
�{
-
)4 4 Southern California
Association Governments
City of Santa Clarita
�f?/I w'�-��
p
of
'
23920 Valencia Boulevard
San Ono Asmociation
Santa Clarita, CA 91355
t-CC71 f -� h
�/�of
U�
Governments
h)r I 11 State of California
Dear Mr. Kolin:
My January 28, 1994 letter authorized construction of the Canyon
Country emergency temporary Metrolink Station, with an
expenditure ceiling of $250,000 for this facility.
Your staff has informed us that the estimated cost of the
temporary station is $850,000, due to the extensive grading and
drainage improvements required at the site. Therefore, this
letter hereby increases the expenditure ceiling to $850,000.
This project will be funded from the emergency funding allocation
granted to SCRRA by the Metropolitan Transportation Authority.
Linda Bohlinger, Director of Capital Planning for MTA, has also '-
approved of this expenditure. (j
Should the expenditures on the station approach the $850,000
ceiling authorized in this letter, please contact Peter De Haan,
of MTA staff, at (213) 244-6733, so that arrangements can be made
to authorize additional spending.
erely,
RICHARD STANG
Executive Dir ctor
F, / r (11"�f 7
Southern California 818 West Seventh Street, 7th Floor 213 623.1194
Regional Rail Authority Los Angeles, CA 90017 FAX 213 489-1469