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HomeMy WebLinkAbout1995-12-12 - AGENDA REPORTS - MOU LACO TRANS VALENCIA TRANS (2)CONSENT CALENDAR DATE: AGENDA REPORT City Manager Approv Item to be presented`fiy: Lynn M. Harris December 12, 1995 SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY TO USE PROPOSITION CDISCRETI0NARY FUNDS TO ASSIST IN THE POSSIBLE DEVELOPMENT OF A VALENCIA TRANSIT CENTER DEPARTMENT: Public Works BACKGROUND As part of the Transportation Improvement Program (TIP) Call for Projects, the Los Angeles Metropolitan Transportation Authority (LACMTA) board has approved the City to receive $279,000 to assist in the development of a Valencia Transit Center, At the present time the Santa Clarita Metrolink station serves as the transportation hub for the entire Santa Clarita Valley. A second transit center is needed in the vicinity of the Valencia Town Center retail complex to better accommodate intra -city fixed -route transfers, as well as improve safety and convenience for transit customers. The development of this center will allow for the restructuring of bus routes which will result in a daily reduction of 324 bus miles (96,348 annually). This could also permit extended transit service into areas not currently served, without increasing operating costs. Approve the attached Memorandum of Understanding between the City and the LACMTA and authorize the City Manager to sign on behalf of the City. ATTACHMENT Memorandum of Understanding H:WOMR�W CAGENDAMWOU.AON APPROWED Agenda Item -3 MOU TIP CALL FOR PROJECTS PROPOSITION C MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is made and entered into by and between the Los Angeles County Metropolitan Transportation Authority ("MTA") and the City of Santa Clarita ("Grantee") for development of Santa Clarita Transit Center (the "Project"). WHEREAS, as part of the Transportation Improvement Program (TIP) Call for Projects, the MTA, at its June 15, 1995 meeting, authorized a grant to Grantee, subject to the terms and conditions contained in this MOU. NOW, THEREFORE, the parties hereby agree as follows: The terms and conditions of this MOU consist of the following and each is incorporated by reference herein as if fully set forth herein: 1. Parti - Specific Terms of the MOU 2. Part II - General Terms of the MOU 3. Attachment A - Programmed Budget 4. Attachment B - Proposition C Cash Flow Plan 5. Attachment C - Scope of Work 6. Attachment D - Special Grant Conditions (if applicable) 7. Any other attachments or documents referenced in the above documents In the event of a conflict, the Specific Terms of the MOU shall prevail over the General Terms of the MOU. 1 IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly authorized representatives as of the dates indicated below: MTA: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY Franklin E. White Date Chief Executive Officer APPROVED AS TO FORM: Dewitt W. Clinton County Counsel m Deputy GRANTEE: CITY OF SANTA CLARITA 0 George A. Caravalho City Manager 2 Date Date I . Title of the Project (the "Project"): Santa Clarita Transit Center 2. To the extent the Funds (the "Funds") are available, MTA shall make to Grantee a one time grant of the Funds in the amount of, $279,000. MTABoard action of June 15 1995 programmed funds to Grantee for the Project for one (1) year, Fiscal Year (FY) 1995/96. 3. This one time grant shall be paid in accordance with the Cash Flow Plan (Attachment B), as defined herein, for each Fiscal Year for which funds are approved (as specified in Part, I, Section 2 of this MOU). All disbursements of Funds shall be considered an estimate subject to adjustment based on Quarterly Cost Certification reports (as specified in Part 11, Section 4.1 of this MOM and MTA audit results. 4. Reports and Certifications to be submitted to MTA by Grantee: • Quarterly Cost Certification Report (with required documentation) • Quarterly Narrative Update on Project progress 5. Programmed Budget (the "Programmed Budget") for the sources of funds programmed for the Project is attached to this MOU as Attachment A. 6. Proposition C Cash Flow Plan (the "Cash Flow Plan") for the Project is attached to this MOU as Attachment B. 7. Scope of Work" (the "Scope of Work") for the Project is attached to this MOU as Attachment C. 8. Special Grant Conditions for the Project, if any, are attached to this MOU as Attachment D. 9. No changes to the Programmed Budget, the Cash Flow Plan, or the Scope of Work shall be funded or allowed without the prior written consent of the MTA Chief Executive Officer or his designee. 3 10. MTA's Address: Los Angeles County Metropolitan Transportation Authority P.O. BOX 194 Los Angeles, CA 90053 Attention: Renee Berlin 11. Grantee's Address: City of Santa Clarita 23920 Valencia Boulevard Santa Clarita, CA 91355 Attention: Bob Murphy ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY TRANSMAGENDAbnavv¢.agn 9 TIP Call for Projects - Memorandum of Understanding (MOL) PART II GENERAL. TERMS OF THE MOU 1. TERM. The term of this MOU shall commence on July 1, 1995 and, subject to Part II, Section 7, shall terminate upon Project Completion. For purposes of this MOU, Project Completion is defined as the time at which the agreed upon Scope of Work has been completed, all MTA audit and reporting requirements have been satisfied, and the final disbursement of the Funds has been made to the Grantee. 2. INVOICE BV GRANTEE. Unless otherwise stated in this MOU, the Quarterly Cost Certification Reports, as described in Part II, Sections 4.1 of this MOU, shall satisfy MTA invoicing requirements. 3. USE OF FUNDS. 3.1 The Grantee shall utilize the Funds to complete the Project as described in the Scope of Work and in accordance with the most recently adopted MTA Proposition C Guidelines (the "Guidelines"). 3.2 Attachment C shall constitute the agreed upon Scope of Work between MTA and the Grantee for the Project. The Funds, as granted under this MOU, can only be used towards the completion of this Scope of Work. 3.3 Grantee shall not use the Funds to substitute forany other funds orprojects not specified in this MOU. 4. REPORTING AND AUDIT RF_.[1UIItEMENT /PAYMENT ADJUSTMENTS. 4.1 Grantee shall submit Quarterly Cost Certification reports on the last day of the months of October, January, April, and July. Should Grantee fail to submit such reports within 10 days of the due date, MTA may withhold, at its sole discretion, the Funds from Grantee. MTA will reconcile Quarterly Cost Certification reports to Funds disbursements on a quarterly basis. All disbursements shall be considered an estimate subject to adjustment based on this reconciliation. Future disbursement of Funds may be reduced and/or delayed if actual j Project costs, as provided in the Quarterly Cost Certification reports, are significantly less than Fund disbursements. 4.2 MTA, and/or its designee, shall have the right to conduct a financial and compliance audit(s) of the Project. Grantee agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with generally accepted accounting principles. The Grantee shall reimburse MTA for any expenditures not in 5 TIP Call for Projects - Memorandum of Understanding (MOU) compliance with the Scope of Work and/or not in compliance with other terms and conditions as defined by this MOU and the Guidelines. 5. ONE TIME GRANT. This is a one time only grant subject to the terms and conditions agreed to herein and in the Guidelines. This grant does not imply nor obligate any future funding commitment on the part of MTA. 6. SOURCES AND DISPOSITION OF FUNDS. Grantee l contribute the ng Commitment, as identified 6. in Attachment A 1 towards the costlof the Project If r the F nd tee identified in Attachment A are insufficient to complete the Project, Grantee agrees to secure and provide such additional funds necessary to complete the Project, unless otherwise agreed to in writing by the parties. 6.2 Grantee shall be responsible for any and all cost overruns for the Project. 6.3 Grantee shall be eligible for the Funds up to the grant amount specified in Part I, Section 2 of this MOU subject to the terms and conditions contained herein and in the Guidelines. MTA is not responsible for, and will not reimburse, any Funds expended by Grantee prior to the execution of this MOU without the prior written consent of the MTA Chief Executive Officer or his designee. 6.4 Any underruns to the Programmed Budget shall be apportioned between MTA and the Grantee in the same proportion as the Sources of Funds from each party to this MOU as specified in Attachment A to this MOU. Grantee, within 60 days of completion of the Project described in the Scope of Work, shall return to MTA any unused disbursements of the Funds previously transferred to the Grantee. 7. TIMELY USE OF FUNDS / REPROGRAIVIlMMG OF FUNDS. 7.1 Grantee must demonstrate timely use of Funds by: (i) executing this MOU by December 31 of the first Fiscal Year in which funds are programmed, (ii) submitting Quarterly Cost Certification reports as described in Part 11, Section 4.1 of this MOU, and (iii) expending the Funds granted under this MOU within three (3) years from July 1 of the Fiscal Year in which funds are programmed, unless otherwise stated in this MOU. Funds programmed for FY 1995-96 are subject to lapse on June 30, 1998. Funds programmed for FY 1996-97 are subject to lapse on June 30, 1999. Funds programmed for FY 1997-98 are subject to lapse on June 30, 2000. Funds programmed for FY 1998-99 are subject to lapse on June 30, 2001. 7.2 In the event that the timely use of Funds is not demonstrated as described in Part 11, Section 7.1 of this MOU, the Project will be reevaluated by MTA as part of its annual TIP Call for Projects Recertification process and the Funds may be deobligated and 0 TIP Call for Projects - Memorandum of Understanding (MOL) reprogrammed by the MTA Board. In the event the Funds are reprogrammed, this MOU shall automatically terminate and Grantee must return any and all unused Funds pursuant to this MOU within thirty (30) days from the lapse date as specified in Part 11, Section 7.1 or by the MTA Board. 8. DEFAULT. A Default under this MOU is defined as any one or more of the following: (i) Grantee fails to comply with the terms and conditions contained herein or in the Guidelines; or (ii) Grantee makes a material change, as determined by MTA at its sole discretion, to the Cash Flow Plan, the Scope of Work, or the Programmed Budget without MTA's prior written consent or approval as provided herein. �1 9.1 In the event of a Default by Grantee, MTA shall provide written notice of such Default to Grantee with a 30 -day period to cure the Default. In the event Grantee fails to cure the Default, or commit to cure the Default and commence the same within such 30 day period to the satisfaction of MTA, MTA shall have the following remedies: (i) MTA may terminate this MOU; (ii) MTA may make no further disbursements of Funds to the Grantee; and/or (iii) MTA may recover from Grantee any Funds disbursed to Grantee prior to and after the Default. 9.2 Effective upon receipt of written notice of termination from MTA, Grantee shall not undertake any new work or obligation with respect to this MOU unless so directed by MTA m writing. Any funds expended after termination shall be the sole responsibility of the Grantee. 9.3 The remedies described herein are non-exclusive. MTA 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. 10. OTHER TERMS AND CONDMONS. 10.1 This MOU, along with its Attachments and the Guidelines, constitutes the entire understanding between the parties, with respect to the subject matter herein. The MOU shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties. Adoption of revisions or supplements to the Guidelines by MTA shall cause such revisions or supplements to become incorporated automatically into this MOU as though fully set forth herein. 10.2 If applicable, Grantee is obligated, in perpetuity, to continue using the Project dedicated to the public transportation purposes for which the Project was initially approved. The Project right-of-way, the Project facilities constructed or reconstructed on the 7 TIP Call for Projects - Memorandum of Understanding (MOU) Project site, and/or Project property purchased (excluding constmction easements and ss exce property whose proportionate resale proceeds are distributed pursuant to this MOU) shall remain dedicated to public transportation use in the same proportion and scope and to the same extent as described in this MOU. Equipment acquired as part of the Project, including transit and other vehicles, shall be dedicated to that use for their full economic life cycle, including any extensions of that life cycle achieved by reconstruction, rehabilitation, or enhancements. Subsequent grants or allocations for this Project, if any, will be identified by phase and will be described in detail in an Amendment to this MOU or in a separate agreement. 10.3 In the event that there is any legal proceeding between the parties to enforce or interpret this MOU, or the Guidelines, to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorneys' fees. 10.4 Grantee shall retain all original records and documents related to the work herein fora period of three (3) years after Project Completion. 10.5 Neither MTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Grantee under or in connection with any work, authority, or jurisdiction delegated to Grantee under this MOU or the Guidelines. Grantee shall fully indemnify and hold MTA harmless from any liability imposed for (i) misuse by Grantee of the Funds and/or (ii) injury and/or environmental obligation occurring by reason of anything done or omitted to be done by Grantee under or in connection with any work, authority, or jurisdiction delegated to Grantee under this MOU or the Guidelines. 10.6 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 a public enemy, and 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 MOU or the Guidelines.. 10.7 Grantee shall comply with and insure that work performed under this MOU 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 MTA. Grantee acknowledges responsibility for obtaining copies of and complying with the terms of the most recent federal, state, or local laws and regulations and MTA requirements including any amendments thereto.The terms of such federal, state, or local laws and regulations and MTA requirements are applicable to this MOU to the maximum extent feasible, unless otherwise provided for in writing by the MTA - 0 TIP Call for Projects - Memorandum of Understanding (MOU) 10.8 Grantee agrees that the applicable requirements of this MOU and the Guidelines shall be included in every subcontract entered into by Grantee or its contractors relating to work performed under this MOU. 10.9 Grantee shall not assign this MOU, or any part thereof, without prior approval of the MTA Governing Board, and any assignment without said consent shall be void and unenforceable. 10.10 This MOU shall be governed by California law. If any provision of this MOU 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. 10.11 The covenants and agreements of this MOU shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns. 10.12 Grantee agrees that all literature, advertisements, brochures, video, radio, and public service announcements, construction site signs, and all other materials relating to the Project and/or distributed to the public will contain recognition of the MTA's contribution as well as the approved METRO logo. If applicable, Grantee agrees to display the METRO logo on its buses, shuttle buses, vans, and taxis utilized for services provided under the Project. The METRO logo is a copyrighted symbol which shall be reproduced and displayed in accordance with specific graphic guidelines available from the MTA Graphics Department at the address in Part I, Section 10 of this MOU. Grantee agrees to follow directions of the MTA Marketing Department to comply with this Section of the MOU. 10.13 Grantee agrees to seek State / Local Transportation partnership Program funds (SLTPP) from the State of California for the Project. SLTPP funds received by the Grantee for the Project shall be apportioned between the Grantee and MTA in the manner specified in Part II, Section 6.4 of this MOU. 10.14 Notice will be given to the parties at the address specified in Part I, Sections 10 and l l unless otherwise notified in writing of change of address. 10.15 Grantee in the performance of the work required by this MOU is an independent contractor and not an agent or employee of the MTA. Grantee shall not represent itself as an agent or employee of the MTA and shall have no powers to bind the MTA in contract or otherwise. CATIPMOUIMOU 0 ATTACHMENT A TIP Cali for Projects — Memorandum of Understanding (MOU) PROGRAMMED BUDGET — SOURCES OF FUNDS G^T1F.,A0UW0U-A WESTSIDE AREA TEAM ID:213-244-6037 NOY 27'95 15:30 No.011 P.02 GRANTEE: PROJECT TITLE: TIP Call For Projects Memorandum Of Understanding (MOU) ATTACHMENT B PROPOSITION C CASH FLOW PLAN Santa Ciarita Transit Santa Clarita Transit Center FUNDING SOURCES: PROPOSITION C $ ._._ 279,000 GRANTEE FUNDING COMMITMENT 221,000 PROJECTED MONTHLY PROPOSITION C CASH FLOW REQUIREMENTS: FY 1995--96 Month: July 1996 $ _ l 2791000 Month: FY Nh $ Fiscal Year Total $279(000 I $0 PROPOSITION C CASH FLOW REQUIREMENTS FOR FIRST TWO FISCAL YEARS (1)+(2): 279,000 PROPOSITION C CASH FLOW REQUIREMENTS PROGRAMMED FOR FUTURE YEARS (3): 0 (Must equal Proposftlon C amount listed under Funding Sources above) Note: ' Although the MTA Board action of June 15, 1995 may have programmed funds on a multi-year basis, funds are approved for FY 1995-96 only.. MTA Board action will be required annually to approve funds for each subsequent fiscal year prior to those funds being allocated to the grantee. oaimaatnuM-a SCOPE OF WORK Santa Clarita Transit Center Project Description Santa Clarita Transit operates a fixed -route system composed of ten local area bus lines. In addition, seven commuter express routes offer weekday service to and from the Antelope Valley, downtown Los Angeles, and San Fernando Valley. Each of the ten local area lines is designed to "pulse" through the Santa Clarita Metrolink station. This arrangement encourages not only bus -to -bus transfers, but also connections to/from all departing and arriving Metrolink trains. At present, the Santa Clarita Metrolink station serves as the transportation hub for the entire Santa Clarita Valley. A second transit center is needed in the vicinity of the Valencia Town Center retail complex to better accommodate intra -city fixed -route transfers. The Valencia Town Center is currently the single busiest service point on the Santa Clarita Transit system, At present, buses must utilize on -street stopping points, which contributes to overall surface street traffic congestion. The proposed transit center would allow several buses to converge on the location at one time, thereby reducing travel time by an average of fifteen (15) minutes for many cross-town trips presently requiring transfers. In the current service configuration (i.e., on -street stopping), many passengers needing to transfer must travel across two busy arterials with long signal times. This often results in missed connections and creates an unsafe pedestrian -access environment. The City of Santa Clarita is presently involved in negotiations with the Newhall Land and Farming Company, developer of the Valencia Town Center. The goal of these negotiations is an arrangement whereby land would be provided under a conditional use agreement. The staff of Santa Clarita Transit has conducted a review of several recently constructed transit centers in the southwestern United States. The goal of this review was 1) to ascertain which transit centers had achieved the highest degree of success (i.e., degree of customer utilization, ease of intra -modal transfer), and 2) attempt to incorporate the same physical characteristics into the proposed facility. Most notable among the transit centers reviewed were those completed by the Clark County Regional Transportation Commission (Las Vegas), Golden Empire Transit (Bakersfield), Santa Cruz Metropolitan Transit District (Santa Cruz), and South Coast Area Transit (Oxnard).. The construction of this center will allow for the restructuring of bus routes which will result in a daily reduction of 324 bus miles (96,348 annually). This will permit extended transit service into areas not currently served, without increasing operating costs. As presently envisioned, the proposed transit center would be located on 5.5 acres of land adjacent to the Valencia Town Center retail complex, In close proximity to this site is Santa Clarita City Hall, the Los Angeles County administrative offices, the Los Angeles County public library, and the River Oaks shopping center_ The transit center would include two bus transfer F:\HOME\P W\TRANSrI',CLLPROS.95\PROPCMOU.VTC islands with space for twelve simultaneous bus parkings. This design would facilitate easy bus -to - bus transfers. Additional features of the proposed center include information kiosks, customer benches, parking stalls for 125 automobiles, including 15 handicapped spaces; dedicated van pool and carpool parking and staging areas, and several enclosed bicycle storage units_ The Valencia Town Center can be accessed via an existing network of paseo walkways and pedestrian over - crossings. These features encourage area residents to use alternative (non -vehicular) modes to reach the Center. Project Milestones January 2, 1996 • City begins Design and PS&E.. April 2, 1996 • City begins construction. June 24, 1996 • Transit Center opens. F:IHOME\P W\TRANSMCLLPROJ.9SPROPCMOU. VTC �f tw� r A x MOP, nc 4\ rover, I _... w I le r LEGEND f Vicinity of Proposed Transit Center, VISTA F:WOA l'E GJl•QeDutl[ 1 a 117 1 5 bU � P x ms's ci...• ri � ` o e p, ♦ , W � C � o� ��VB \9, r, awd c I ir Ja q tr3i r�4i a: Pt' ,gin Y� �t• � j: �'& �\. t � ¢•Y1E fid. OM1^ � y r.S + Y I� SANTA CLARITA VALENCIA TRANSIT CENTER �i < ..o -N..