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HomeMy WebLinkAbout1995-11-28 - AGENDA REPORTS - MOU SIERRA HIGHWAY TRAFSIG (2)i e 1 CONSENT CALENDAR DATE: November 28, 1995 City Mana€ Item to be Bahman Janka SUBJECT: MEMORANDUM OF UNDERSTANDING FOR THE SIERRA HIGHWAY AND BOUQUET/SECO CANYON TRAFFIC SIGNAL INTERCONNECT RESOLUTION NO. 95-144 DEPARTMENT Building and Engineering Services BACKGROUND The Los Angeles County Metropolitan Transportation Authority("MTA') has awarded improvement grants totaling $868,000 for the above projects. MTA procedures require that a Memorandum of Understanding (MOU) be executed and that Council certify that matching funds will be made available to complete each project. The status of the two projects is provided below: 1. Sierra Highway Interconnect • Staff estimates that the total cost for this project will be $465,000 with the MTA awarding a $372,000 discretionary grant to be used for this project within three years from July 1, 1995. The remaining balance of $93,000 will be the local matching funds needed. • It is estimated that $60,000 will be needed for design and $405,000 for construction. All design costs will be utilized this FY 1995-96 while construction costs will be used in FY 1996-97. • A local match of $12,000 will be needed for design this FY 1995-96 and the remaining local match of $81,000 will be appropriated in FY 1996-97. • Local matching funds required this year have been set aside in a Public Financing Authority (P.F.A) match account for FY 1995-96. Adopted: rLz 2=.s— Agenda Item -7— RESOLUTION NO. 95-144 November 28, 1995 - Page 2 2. Bouquet Canyon Road and Seco Canyon Road Interconnect • Staff estimates that the total cost for this project will be $660,000 with the MTA awarding a $496,000 discretionary grant to be used for this project within three years from July 1, 1995. The remaining balance of $164,000 will be the local matching funds needed. • It is estimated that $80,000 will be needed for design and $580,000 for construction. All design costs will be utilized this FY 1995-96 while construction costs will be used in FY 1996-97. • A local match of $16,000 will be needed for design this FY 1995-96 and the remaining local match of $148,000 will be appropriated in FY 1996-97. • Local matching funds required this year have been set aside in a P.F.A. match account for FY 1995-96. Adopt Resolution No. 95-144. Authorize a budget appropriation for the Sierra Highway Traffic Signal Interconnect for FY 1995-96 as follows: Account No. 28-95051-227 - $12,000 P.F.A.; Account No. 17-95051-227 -$48,000 MTA Grant. Authorize a budget appropriation for the Bouquet Canyon Road/Seco Canyon Road Traffic Signal Interconnect for FY 1995-96 as follows: Account No. 28-95052-227 - $16,000P.F.A.; Account No. 17-95052-227 - $64,000 MTA Grant. Direct staff to increase Revenue Account No. 17-3579 by $112,000. ATTACHMENTS 1. Resolution No. 95-144 2. Memorandum of Understanding for the Sierra Highway/State Route 14 CMP Corridor Interconnect 3. Memorandum of Understanding for the North/South Metrolink Feeder Corridor Interconnect NMB:lkl ..zlkre95144.n.b RESOLUTION NO. 95-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA CERTIFYING THE AVAILABILITY OF FUNDS FOR SIGNAL INTERCONNECT PROJECTS WHEREAS, the Los Angeles County Transportation Commission (MTA) is responsible for the administration of Proposition C funds (Funds) for public transportation purposes; and WHEREAS, the MTA approved a one-time appropriation of Funds for Fiscal Year 1995/1996 for the North/South Metrolink Feeder Corridor Interconnect and Sierra Highway/State Route 14 CMP Corridor, Interconnect Projects ; and WHEREAS, the City of Santa Clarita (Grantee) is an eligible funds, recipient and desires to receive the Funds from MTA for these projects; and WHEREAS, all contracts for financial assistance will impose certain obligations upon the Grantee, including the responsibility for providing local project cost matches; and WHEREAS, the City of Santa Clarita has the ability to allocate, and agrees to commit the necessary matching funds to ensure completion of these projects. THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA does resolve as follows: Section 1. That the City of Santa Clarita certifies that the local match funds necessary to ensure completion of those projects will be made available. Section 2. That the City Manager is authorized to execute, on behalf of the City of Santa Clarita, the applicable Memoranda of Understanding for these projects. PASSED, APPROVED AND ADOPTED this day of 11995. Mayor ATTEST: City Clerk RESOLUTION NO. 95-144 November 28, 1995 - Page 2 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, , DO HEREBY CERTIFY that the above and foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of 1995 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk NMB:lkl muwd%re95 144.nmb 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 City of Santa Clarita ("Grantee") for the Sierra Highway/State Route 14 CMP Corridor Interconnect (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. Part I - 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 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. TIP Call for Projects - Memorandum of Understanding (MOU) 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 By: Franklin E. White Date Chief Executive Officer APPROVED AS TO FORM: Dewitt W. Clinton County Counsel By: Deputy Date GRANTEE: CITY OF SANTA CLARITA By: ONSEl 'i`•MMIM Date 2 TIP Call for Projects - Memorandum of Understanding (MOU) PART I SPECIFIC TERMS OF THE MOU 1. Title of the Project (the 'Project"): Sierra Highway/State Route 14 CMP Corridor Interconnect 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: $372,000. MTA Board action of June 15, 1995 programmed funds to Grantee for the Project for one 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 MOU) 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 TIP Call for Projects - Memorandum of Understanding (MOU) 10. MTA's Address: Los Angeles County Metropolitan Transportation Authority P.O. Box 194 Los Angeles, CA 90053 Attention: Sue Perry 11. Grantee's Address: City of Santa Clarita Community Development 23920 Valencia Boulevard, Ste. 300 Santa Clarita, CA 91355-2196 Attention: Bahman Janka C:\TIPMOU\MOU 11 TIP Call for Projects - Memorandum of Understanding (MOU) PART H 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 BY GRANTEE. Unless otherwise stated in this MOU, the Quarterly Cost Certification Reports, as described in Part 11, 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 for any other funds or projects not specified in this MOU. 4. REPORTING AND AUDIT REQU—ME TENTS/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 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 (MOLT) 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 TEA E 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 6.1 Grantee shall contribute the Grantee Funding Commitment, as identified in Attachment A, towards the cost of the Project. If the Funds 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. TPOELY USE OF FUNDS / REPROGIR-ANMIING 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 II, 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 (MOLT) 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 II, Section 7.1 or by the MTA Board. 8. DEFAULT. A Default under this MOU is defined as anyone 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. 9. REMEDIES. 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 in 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 CONDITIONS 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 6 TIP Call for Projects - Memorandum of Understanding (MOM Project'site, and/or Project property purchased (excluding construction easements and excess 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 thea 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 for a 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. N 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 I1 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. CATIPMOU\MOU E ATTACHMENT A TIP Call for Projects — Memorandum of Understanding (mou) PROGRAMMED BUDGET — SOURCES OF FUNDS TOTAL % OF SOURCES OF FUNDS FY 1995-96, FY 1996-97 FY 1997-98 FY 1998-99 BUDGET BUDGET )9 T BL 9 —i L 8-9 MTA Programmed Funds: Proposition C 5% .................... Proposition C 10% ................... ---- -- Proposition C 25%. ............. - - - ------ _-$K4L000 Proposition C 40%. . . ................ 377 2,000 80% ------------ ---- --- Grantee Funding Commitment: "Bonds Proceeds" 12,000 81,000 93,000 20% TOTAL PROGRAMMED BUDGET $60,000 $405,000 $465,000 100 100% City of Santa Clarita Sierra Highway/SR-14 CMP Corridor Interconnect CATIPMOMMOU-A GRANTEE: PROJECT TITLE - FUNDING -SOURCES TIP Call For Projects Memorandum Of Understanding (MOU) ATTACHMENT B PROPOSITION C CASH FLOW PLAN City of Santa Clarita Sierra Highway/SR-14 CMP PROPOSITION C GRANTEE FUNDING COMMITMENT OTHER FUNDS (must equal Total Programmed TOTAL FUNDING Budget from Attachment A) PROJECTED MONTHLY PROPOSITION C CASH FL FY 95-96 Month. March '96 $ 20,000 May 196 15,000 June 196 131000 I Fiscal Year Total $ 372,000 93,000 $324,000 (2) PROPOSITION C CASH FLOW REQUIREMENTS FOR FIRST TWO FISCAL YEARS (1)+(2): 372,000 PROPOSITION C CASH FLOW REQUIREMENTS PROGRAMMED FOR FUTURE YEARS (3); 0 T TOTAL PROPOSITION C FUNDS (1)+(2)+(3) (Must equal Proposition C amount listed under Funding Sources above) $ 372,000 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. $ _465,000 DW REQUIREMENTS: FY 96-97 Month: September '96 _ $ 50,000 October '96 50,000 November '96 _ 50,000 December '96 50,000 TanuacY '97 _ 30,000 Eebr,, ry� 24.000 March 197 _ 70.000 $324,000 (2) PROPOSITION C CASH FLOW REQUIREMENTS FOR FIRST TWO FISCAL YEARS (1)+(2): 372,000 PROPOSITION C CASH FLOW REQUIREMENTS PROGRAMMED FOR FUTURE YEARS (3); 0 T TOTAL PROPOSITION C FUNDS (1)+(2)+(3) (Must equal Proposition C amount listed under Funding Sources above) $ 372,000 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. ATTACHMENT C - SCOPE OF WORK SIERRA HIGHWAY/STATE ROUTE 14 CMP CORREDOR INTERCONNECT PROJECT DESCRIPTION The proposed project will interconnect the traffic signals along Sierra Highway from Soledad Canyon Road to Rainbow Glen Drive, and from Placerita Canyon Road to San Fernando Road. PRIMARY PROJECT COMPONENTS The project will include, but not be limited to, the following: A. Design (to be performed by a consultant). Prepare plans, specifications, and estimates for the interconnect project. This task will include a project study and before and after project evaluation. Identify potential replacement/modifications/additions to the existing signal controllers to make them compatible for synchronization using the City's BiTran Quicnet System. This task will identify the location and number of field master controllers needed to accomplish coordination of the signals. This task will also identify communication equipment such as modems, terminal blocks, testers, including other necessary hardware or software, to make communication link between traffic signals operational. Develop new signal timing plans for all traffic signals within project limits. This task will include collection of data and the use of approved signal optimization software such as Transit 7F, Passer II, etc. There will be at least three timing plans to be generated for critical periods of the day. B. Construction (to be performed by an outside contractor). Install conduits, cables, splice cabinets and pull boxes according to the plans.. Install field master controllers at location identified in the design phase. 3. Modify existing controllers as ascertained during the design phase. Procure and install necessary software and/or hardware as determined in task 2 of the design phase. 5. Implement and fine tune new signal timing plans and system checkout. This task will involve coordination and assistance from Los Angeles County Department of Public Works, Caltrans, signal hardware supplier and BiTran Systems. ATTACHMENT C- SCOPE OF WORK SIERRA HIGHWAY/STATE ROUTE 14 CMP CORRIDOR INTERCONNECT Page 2 of 2 lorm-Oxom:t •: The project's main goal is to effectively implement synchronization of traffic signals along the corridor to improve traffic flow and to allow significant level of service improvement without new construction. It will benefit many bus transit users, commuters and many motorists using the Metrolink. The City of Santa Clarita, in general practice, uses Caltrans' design standards. All design and engineering will also comply with MTA's Signal Synchronization and Bus Speed Improvement Guidelines. City may also adopt other industry standards such as NEMA, APWA specifications, etc, as determined during the design phase. PROJECT LINE ITEM BUDGET 1. Project Study (includes Before and After Study), Engineering Design and PS&E including data collection & timing plan development (Consultant) 2. System/Setup and new timing implementation (BiTrans & LA County and Caltrans) ........................................ 3; Traffic signal, communication and computer equipment including software (by Contractor's Supplier/Manufacturer) ................ .. . 4. Construction and Management (Contractor/City Staff) ............... Project Total : ... . .. ...... . PROJECT MILESTONES MOU SIGNED/COMPLETE REQUEST FOR PROPOSAL (RFP) . RECEIVE PROPOSALS AND SELECT A CONSULTANT ...... START DESIGN/SIGNAL TIMING PLAN STUDY ........... 1ST QUARTERLY PROGRESS REPORT ..................... 2ND QUARTERLY PROGRESS REPORT ................... JOINT AGREEMENTS, BID DOCUMENTS & ADVERTISE PROJECT ............................................ GET LOW BIDDER AND AWARD PROJECT ............... START CONSTRUCTION/3RD QUARTERLY PROGRESS Estimate $ 60,000 15,000 15,000 375,000 $465,000 .... December 1995 January 1996 February 1996 .... March 1996 June 1996 ..... July 1996 ..... August 1996 REPORT.._.........._................................. 4TH QUARTERLY PROGRESS REPORT ............... ...... COMPLETE CONSTRUCTION PROJECT .............. . ..... . IMPLEMENT AND FINE TUNE NEW SIGNAL TIMING PLANS BEFORE AND AFTER STUDY AND FINAL PROGRESS REPORT . NMB:lkl council\rt95-144-nm6 September 1996 December 1996 January 1997 February 1997 March 1997 4 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 City of Santa Clarita ("Grantee") for the North/South Metrolink Feeder Corridor Interconnect (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. Part I - 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 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. TIP Call for Projects -Memorandum of Understanding (MOU) 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 Deputy GRANTEE: CITY OF SANTA CLARITA al 7 Date Date TIP Call for Projects - Memorandum of Understanding (MOU) PART I SPECIFIC TERMS OF THE MOU 1. Title of the Project (the "Project"): North/South Metrolink Feeder Corridor Interconnect 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: $496,000. MTA Board action of June 15, 1995 programmed funds to Grantee for the Project for one year, Fiscal Years (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 R, Section 4.1 of this MOU) 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 S. 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 TIP Call for Projects - Memorandum of Understanding (MOU) 10. MTA's Address: Los Angeles County Metropolitan Transportation Authority P.O. Box 194 Los Angeles, CA 90053 Attention: Sue Perry 11. Grantee's Address: City of Santa Clarita Community Development 23920 Valencia Boulevard, Ste.300 Santa Clarita, CA 91355-2196 Attention: Bahman Janka C:\TTPMOU\MOU 4 TIP Call for Projects Memorandum of Understanding (MOU) PART H GENRRAi TERMS OF THE MOU 1. TERM. The tern 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 BY GRANTEE. Unless otherwise stated in this MOU, the Quarterly Cost Certification Reports, as described in Part 11, 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 for any other funds or projects not specified in this MOU. 4. REPORTING AND AUDIT REOUHUM4ENTS/pAyMENT ADIUSTMENTS. 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 TIP Call for Projects - Memorandum of Understanding (MOLT) 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 onetime 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 DISPOSMON OF FUNDS. 6.1 Grantee shall contribute the Grantee Funding Commitment, as identified in Attachment A, towards the cost of the Project. If the Funds 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. TROELY USE OF FUNDS / REPROGRAADAI TG 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 H, 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 II, 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 2 TIP Call for Projects - Memorandum of Understanding (MOU) 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 H, Section 7.1 or by the MTA Board. 8. DEFAULT. A Default under this MOU is defined as anyone 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. 9. REMEDIES. 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 resp Grantee. ect to this MOU unless so directed by MTA in writing. Any funds expended after termination shall be the sole responsibility of the 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 CONDITIONS 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 construction easements and excess Property whose proportionate resale proceeds are distributed pursuant to this MOLT) 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 identifred 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 Guidelines. claimed to delay, hinder, or prevent performance of any obligations under this MOU or the 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. 10 TIP Call for Projects -Memorandum of Understanding (MOLT) 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 11, 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 11 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 01 ATTACHMENT A TIP Call for Projects Memorandum of Understanding (MOU) PROGRAMMED BUDGET — SOURCES OF FUNDS SOURCES OF FUNDS I FY 1995-96 FY 1996-97 �FY 1997-98 FY 1998-99 MTA Programmed Funds: Proposition C 5% .... , ...... , .. . . . -- Proposition C 10% . , . , . , , ........ < .. . _._.. -- ------- -- --- -- - -- - Proposition C 25% .., . , ........:.. _ .. $60,000 $436,000 Proposition C 40% ...... . ........ . .. Grantee Funding Commitment: "Bond Proceeds" 15,000 1091000 TOTAL PROGRAMMED BUDGET $75,000 $545,000 City of Santa Clarita North/South Metrolink Feeder Corridor Interconnect CATIPMOUWOU-A GRANTEE: PROJECT TITLE` FUNDING SOURCES TIP Call For Projects Memorandum Of Understanding (MOU) ATTACHMENT B PROPOSITION C CASH FLOW PLAN City of Santa Clarita Feeder Corridor Interconnect PROPOSITION C GRANTEE FUNDING COMMITMENT OTHER FUNDS (must equal Total Programmed TOTAL FUNDING Budget from Attachment A) PROJECTED MONTHLY PROPOSITION C CASH FLOW REC FY 95-96 Month. March 196_ $ 16,000 Month: April '96 _May '96 June ' 96 -- 16,000 16,000 12,000 $ 496,000 124,000 $ 620,000 FY 96-97 september 6 $ October '96 November '96 December 196 January '97 February '97 March '97 _36,_000 80,000 72,_600-- 72,0)0 2,000- 72,000 72,000 44,000 60,000 Fiscal Year Total -6D,DDD ` 436,000 (2) PROPOSITION C CASH FLOW REQUIREMENTS FOR FIRST TWO FISCAL YEARS (1)+(2): Q F nnn PROPOSITION C CASH FLOW REQUIREMENTS PROGRAMMED FOR FUTURE YEARS (3); g 0 TOTAL PROPOSITION C FUNDS (1)+(2)+(3) (Must equal Proposition C amount listed under Funding Sources above) $ 496,000 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. cS-r�ouwou-s ATTACHMENT C - SCOPE OF WORK NORTH/SOUTH METROLINK METROLINK FEEDER CORRIDOR INTERCONNECT PROJECT DESCRIPTION The proposed project will interconnect all traffic signals along Bouquet Canyon Road and Seco Canyon Road within the City limits. PRIMARY PROJECT COMPONENTS The project will include, but not be limited to, the following:. A. Design (to be performed by a consultant). Prepare plans, specifications, and estimates for the interconnect project. The task will include a project study and before and after project evaluation. Identify potential replacement/modifications/additions to the existing signal controllers to make them compatible for synchronization using the City's BiTran Quicnet System. This task will identify the location and number of field master controllers needed to accomplish coordination of the signals. This task willalso identify communication equipment such as modems, terminal blocks, testers, including other necessary hardware or software, to make communication link between traffic signal operational. Develop new signal timing plans for all traffic signals within project limits. This task will include collection of data and the use of approved signal optimization software such as Transit 7F, Passer II, etc. There will be at least three timing plans to be generated for critical periods of the day. B. Construction (to be performed by an outside contractor). Install conduits, cables, splice cabinets and pull boxes according to the plans. Install field master controllers at location identified in the design phase. Modify existing controllers as ascertained during the design phase. 4. Procure and install necessary software and/or hardware as determined in task 2 of the design phase. 5. Implement and fine tune new signal timing plans and system checkout. This task will involve coordination and assistance from Los Angeles County Department of Public Works, Caltrans, signal hardware supplier and BiTran System. ATTACHMENT C- SCOPE OF WORK NORTH/SOUTH METROLINK METROLINK FEEDER CORRIDOR INTERCONNECT Page 2 of 2 The project limit is a multi -modal corridor which serves as major feeder to a Metrolink Station. The project's main goal is to effectively implement the synchronization of all traffic signals along the corridor, to increase bus speeds and thus reduce travel time and to allow significant level of service improvement without new construction. It will benefit many bus transit users, commuters and motorists using the Metrolink. STANDARDS & PRACTICES The City of Santa Clarita, in general practice, uses Caltrans' design standards. All design and engineering will also comply with MTA's Signal Synchronization and Bus Speed Improvement Guidelines. City may also adopt other industry standards such as NEMA, APWA specifications etc. as determined during the design phase. PROJECT LINE ITEM BUDGET Estimate 1. Project Study (includes Before and After Study), Engineering Design and PS&E including data collection & timing plan development (Consultant) $ 75,000 2. System/Setup and new timing implementation (BiTrans & LA County) .. 17,000 3. Traffic signal, communication and computer equipment including software (By Contractor's Supplier/Manufacturer) ........................... 20,000 4. Construction and Management (Contractor/City Staff) ................ 508,000 Project Total ................................................. $620,000 PROJECT MILESTONES MOU SIGNED/COMPLETE REQUEST FOR PROPOSAL (RFP).. . .... December 1995 RECEIVE PROPOSALS AND SELECT A CONSULTANT ........... January 1996 START PROJECT STUDY DESIGN/SIGNAL TIMING PLAN STUDY . February 1996 1ST QUARTERLY PROGRESS REPORT ......................... March 1996 2ND QUARTERLY PROGRESS REPORT ......................... June 1996 JOINT AGREEMENTS, BID DOCUMENTS & ADVERTISE PROJECT July 1996 GET LOW BIDDER AND AWARD PROJECT ..................... August 1996 START CONSTRUCTION/3RD QUARTERLY PROGRESS REPORT ... September 1996 4TH QUARTERLY PROGRESS REPORT ......................... December 1996 COMPLETE CONSTRUCTION PROJECT ........................ January 1997 IMPLEMENT AND FINE TUNE NEW SIGNAL TIMING PLANS . February 1997 BEFORE AND AFTER STUDY AND FINAL PROGRESS REPORT .... March 1997 NMB:lkl councdk\ -144..b