HomeMy WebLinkAboutE-11 Staff Report - NIB PW-SR SVCOG MOACONSENT ITEM
E-11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: ROBERT DELGADILLO, P.E., DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER
DATE: FEBRUARY 5, 2024
SUBJECT: APPROVE MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE CITY
OF AZUSA AND THE SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS (SGVCOG) FOR THE USE OF THE CITY'S LACMTA MSP
ALLOCATION FOR THE PREPARATION OF 30% DESIGN PLANS FOR THE
CONVERSION OF SAN GABRIEL AVE AND AZUSA AVE INTO TWO-WAY
STREETS.
BACKGROUND:
The City of Azusa is a member the San Gabriel Valley Council of Governments (SGVCOG). The
SGVCOG was established to have a unified voice to maximize resources and advocate for regional
member interests to improve the quality of life in the San Gabriel Valley. The SGVCOG applied
for Measure M Multi-Year Sub-regional Program (MSP) Cycle 2 funds through the Los Angeles
County Metropolitan Transportation Authority (LACMTA) and was awarded $14,997,974. Seven
of the SGVCOG’s member cities, including the City of Azusa, requested the SGVCOG to include
their Active Transportation Projects (ATP) as part of the SGVCOG’s MSP application to the
LACMTA. These seven Cities will be receiving MSP funds and are expected to enter into a MOA
with the SGVCOG for their individual project. Collectively, all the projects from the seven-
member cities are known as the East San Gabriel Valley Sustainable Multimodal Improvement
Project (SMIP). The member Cities that submitted ATP projects selected the SGVCOG to serve
as the Project’s lead agency to coordinate, administer, and manage the MSP funds. The City of
Azusa MSP allocation is $400,000. The intent of the MSP funds is to use them in Active
Transportation Program, First/Last Mile, and Bus System Improvement Program projects.
Approved
City Council
February 5, 2024
APPROVE MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE CITY OF AZUSA AND THE SAN
GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG)
February 5, 2024
Page 2
The City of Azusa will receive MSP funds for the conversion of San Gabriel Ave and Azusa Ave
from One-way Streets into Two-way streets. The conversion of San Gabriel Ave and Azusa Ave
has been identified in various transportation planning documents such as the City’s latest Local
Roadway Safety Plan, Pedestrian Master Plan and Metro’s First/Last Mile Workshop Summary
completed in March of 2017. In addition, the conversion of San Gabriel Ave and Azusa Ave into
two-way Streets was identified in the City’s General Plan adopted in April of 2004.
RECOMMENDATIONS:
Staff recommends that the City Council take the following action:
1) Authorize the City Manager to execute the MOA in a form acceptable to the City Attorney,
on behalf of the City.
2) Authorize City Attorney/City Manager to make non-substantive changes to correct
typographical errors or other document format edits.
ANALYSIS:
San Gabriel Ave is the City’s main thoroughfare that allows access from the north side of the City
to Foothill Blvd and the 210 Freeway. The existing right of way width of San Gabriel Ave from
First Street to Sierra Madre Ave is 100 feet. The existing roadway has 4 south bound lanes from
Sierra Madre Ave to 3rd Street. The roadway transitions from 4 southbound lanes to 3 lanes
between 3rd Street and 2nd Street and from 3 southbound lanes to 2 lanes from 2nd Street to First
Street. Similarly, Azusa Ave is the main thoroughfare that allows residents to quickly access the
north side of the City and the San Gabriel Mountains. The right of way width of Azusa Ave is 80
feet from First Street to Sierra Madre. The existing roadway transitions from 2 northbound lanes
to 3 lanes between First Street and 2nd Street. The three northbound lane configuration continues
between 2nd Street to 4th Street and the roadway transitions from 3 northbound lanes to 2 lanes
between 4th Street and 5th Street. The two northbound lane configuration continues between 5th
Street and 9th Street. Between 9th Street and 13th Street there are 3 northbound lanes and the
roadway transitions from 3 northbound lanes to 2 lanes between 13th Street and Sierra Madre Ave.
San Gabriel Ave and Azusa Ave used to be part State Route 39. However, in 1997 Caltrans
relinquished its right of way of way to the City of Azusa. Since the effective relinquishment date,
the City of Azusa is responsible for the maintenance of the roadway and all the public infrastructure
within the right of way of San Gabriel Ave and Azusa Ave. Because both roadways were
constructed to serve as a highway, and the multi lane one-way configuration, drivers tend to drive
at higher speeds. Consequently, there have been numerous vehicular collisions along both
corridors. To improve the safety of these roadways, City staff proposed to convert San Gabriel
Ave and Azusa Ave into Two-way Streets. The roadway conversion was supported by other
planning transportation plans in which the City collected the input from the community.
The proposed new street reconfiguration includes adding drought tolerant raised medians, curb
extensions, pedestrian and traffic street lighting, wayfinding signage, and Class IV separated bike
APPROVE MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE CITY OF AZUSA AND THE SAN
GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG)
February 5, 2024
Page 3
lanes. In addition, 14 traffic signals will be modified to accommodate the new two-way street
configuration and to promote walking and bicycling. San Gabriel Avenue, approximately 9,200
LF and Azusa Avenue, approximately 6,400 LF will be converted into two-way streets from First
Street to Sierra Madre Avenue; however, Azusa Avenue will continue to be a one-way street from
5th Street to 9th Street.
City staff prepared a preliminary cost estimate for the new roadway configuration and estimated
the construction to be in the order of $28.6 million dollars. In addition, the cost for design,
construction management and inspection of the project was estimated to be in the order of 1.2
million dollars. The intent is to use the City’s MSP allocation to prepare 30% construction
drawings and vet out the concept in the first phase of the project. In addition, City staff intends to
use the preliminary construction plans to apply for other State and Federal grants to complete the
design and to begin funding the construction cost.
The MOA between the City of Azusa and the SGVCOG will allow the City to spend the $400,000
MSP funds that were allocated for the San Gabriel Ave and Azusa Ave Two-way Street
Conversion Project. Furthermore, it will allow the City to develop the construction plans to 30%
and be more competitive when applying for other grants. In addition to the MSP funds, the City
of Azusa will contribute $40,000 from Measure M funds as a local match to further develop the
preliminary construction drawings.
FISCAL IMPACT:
The fiscal impact associated with the MOA is $40,000 dollars. This expense was budgeted in the
2023-2025 Capital Improvement Project (CIP) budget. The funding source for the City’s
contribution will be Measure M.
Prepared by: Reviewed by:
Miguel Cabanas, PE, PLS Robert Delgadillo, PE
Principal Civil Engineer Director of Public Works / City Engineer
Fiscal Review by: Reviewed and Approved by:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachments:
1) SGVCOG MOA Agreement
MEMORANDUM OF AGREEMENT
EAST SAN GABRIEL VALLEY SUSTAINABLE MULTIMODAL IMPROVEMENTS
PROJECT
This Memorandum of Agreement (“MOA”) is by and between the City of Azusa, hereinafter
referred to as “CITY” and the San Gabriel Valley Council of Governments (“SGVCOG”) to be
effective as of the date signed by both Parties. City and SGVCOG are sometimes referred to
hereinafter individually as a “Party” and collectively as the “Parties”.
RECITALS:
A.Whereas, the SGVCOG was established to have a unified voice to maximize resources and
advocate for regional and member interests to improve the quality of life in the San Gabriel Valley
within the jurisdiction of its member cities and its unincorporated areas; and
B.Whereas, to increase the opportunities for those cities which are members of the SGVCOG to
obtain funding for specified Active Transportation Program, First/Last Mile, and Bus System
Improvement Program projects, the SGVCOG encouraged its member cities to include such
projects planned for their jurisdictions as part of the SGVCOG’s Measure M Multi-Year
Subregional Program (“MSP”) application to the Los Angeles County Metropolitan Transportation
Authority (“LACMTA”) for funding for the subregional East San Gabriel Valley Sustainable
Multimodal Improvement Project (“SMIP”) as is further described in Exhibit “A” of this MOA;
and
C.Whereas, seven of the SGVCOG’s member cities, including the CITY, requested the
SGVCOG to include their projects as part of the SGVCOG’s MSP application to the LACMTA
and it is anticipated all seven cities will be entering into a MOA with the SGVCOG for their
individual SMIP Phase 1 Project(s) (PROJECT); and
D.Whereas, the CITY and the SGVCOG have a shared desire to complete all of CITY’s SMIP
projects and phases and enter into this MOA to provide for the completion of Project Approval
and Environmental Documentation (PA&ED) and Thirty Percent (30%) Preliminary Engineering
(P.E.) Design (“Phase 1 Work”) for the CITY’S PROJECT as described in the attached Exhibit
“B” with the ultimate goal of completing Plans, Specifications and Estimates (PS&E) and
constructing the PROJECT; and
E.Whereas, the LACMTA allocated $14,997,974.00 in MSP funds to the SGVCOG for the
SMIP, and specifically $400,000 in MSP Active Transportation Program (ATP) subfunds for the
CITY’s PROJECT’s Phase 1 Work as shown in the attached Exhibit “C”; and
F. Whereas, the SGVCOG’s funding commitment for the SMIP Phase 1 Work shall not exceed
Four Hundred Thousand Dollars ($400,000) (“MSP ATP Allocation”); and
G. Whereas, the CITY’S funding commitment for the SMIP Phase 1 Work shall not exceed Forty
Thousand Dollars ($40,000); and
Attachment 1
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H. Whereas, the Parties agree to cooperate to support subsequent phases of the PROJECT,
including seeking grant funding for such phases and if such funding is provided, negotiate such
agreements as between the Parties that will advance such PROJECT phases; and
I. Whereas, if construction work for the PROJECT is either currently included in the CITY’s
Phase 1 Work and/or funding for construction of the Project is ultimately secured for a latter phase
of the PROJECT, the Parties intend that SGVCOG will be designated as the Project Manager and
a separate cooperative agreement will be entered into between the Parties for the completion of
Preliminary Engineering (P.E.) Design and Plans, Specifications and Estimates (PS&E) and
ultimately PROJECT construction which will supersede this MOA with respect to the Parties
relative obligations for construction of the PROJECT; and
J. Whereas, by way of this MOA the Parties desire to set forth their understanding of each other’s
obligations under such a cooperative agreement so as to form a basis for negotiating the
cooperative agreement.
NOW, THEREFORE, the Parties agree as follows:
I. TERM:
The term of this MOA shall commence upon execution of the MOA by both Parties and shall
continue until either the Phase 1 Work is completed or this Agreement is superseded by a
cooperative agreement executed between the Parties has been entered into, unless earlier
terminated as provided herein.
II. COMPENSATION TO SGVCOG FOR ADMINISTRATION:
To compensate the SGVCOG for its costs in performing its responsibilities under this MOA, the
SGVCOG will retain a total of ten (10) percent ($40,000.00) of the MSP ATP Allocation (the
“Retention Amount”). To the extent the Parties agree to amend this MOA to increase the scope
of work set forth in Exhibit B, SGVCOG’s administrative costs for acting as Project Manager for
such additional scope shall remain at 10 percent. This MOA does not obligate the SGVCOG or
the City to perform those responsibilities set forth in this MOA as they relate to latter project
phases, which obligation shall be subject to a new separate agreement entered into between the
Parties.
III. RESPONSIBILITIES OF EACH OF THE PARTIES:
A. SGVCOG Responsibilities.
1. Serve as the Lead Agency and Project Manager to administer and manage the
CITY’s Phase 1 Work which includes completing Project Approval and
Environmental Documentation (PA&ED) and Thirty Percent (30%) Preliminary
Engineering (P.E.) Design.
2. Contribute the MSP ATP Allocation, minus the Retention Amount ($40,000.00),
toward the cost of the PROJECT’s Phase 1 Work (consisting of $3,000 for PA&ED
and $357,000 for 30% P.E.).
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3. Designate a person to serve as the SGVCOG’s Project Manager with name, title, and
contact information, who shall serve as the primary liaison with the CITY for
implementation of this MOA.
4. The SGVCOG’s Project Manager shall manage and administer the MSP ATP
Allocation for the Phase 1 Work and take such actions and have executed such
documents that may be necessary for such management and administration,
including but not limited to:
a. Ensure submission of monthly progress reports and invoices to LACMTA as
may be required; and
b. Ensure that eligible payments are made to consultant(s).
5. The SGVCOG’s Project Manager shall direct and manage solicitations from, and
selections of consultant(s) to perform Phase 1 Work which shall include, but not be
limited to:
a. In consultation with the CITY, coordination of a scope of work, budget, schedule
to include in a Request for Qualifications (RFQ) for solicitation to qualified
consultants to complete Phase 1 Work;
b. In consultation with the CITY, preparation, distribution, and solicitation of
RFQs to seek Statements of Qualifications (SOQ) from qualified consultants for
performance of the Phase 1 Work;
c. In consultation with the CITY, development of consultant selection and/or
ranking criteria;
d. The establishment of a consultant selection committee to include, among others,
SGVCOG’s Project Manager or designee and CITY’s Project Manager or
designee;
e. Based upon recommendations from the selection committee members,
recommend approval of, and establishment of an on-call bench of qualified
consultants which best meet the needs and requirements for the CITY’s
PROJECT, from which the SGVCOG and CITY may select qualified
consultant(s) for performance of the Phase 1 Work;
f. In consultation with the City, negotiate the precise Phase 1 Work, cost, and
schedule with the selected consultant(s); and
g. Recommending approval of contract(s) to SGVCOG’s Executive Director,
Governing Board, or Capital Projects and Construction Committee (CPCC) as
the case may be;
h. Entering into and administering agreement(s) between SGVCOG and
consultant(s) in a manner consistent with this MOA and other applicable laws
and regulations, including LACMTA requirements.
6. The SGVCOG’s Project Manager shall manage the consultant’s performance of the
Phase 1 scope of work, schedule, and budget for the Phase 1 Work, and day-to-day
consultant activities, which shall include, but not be limited to:
a. Conducting Project Delivery Team (PDT) meetings and/or working group
meetings between SGVCOG’s Project Manager, CITY’s Project Manager,
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applicable CITY departments/staff, and consultant(s) to provide progress
updates and receive input from the CITY;
b. Providing briefings and soliciting input to the SGVCOG’s Governing Board and
committees, as determined by the SGVCOG, and to the CITY’s committees, and
City Council, as requested by CITY;
c. Seeking CITY’s timely design review, input, and comments for the Phase 1
Work;
d. Reviewing and sharing with the CITY submitted deliverables, reports, and
invoices from the consultant(s) and notifying CITY as to any additional such
documents or information that are required; and
e. Responding to and addressing CITY and community stakeholders’ concerns
regarding Phase 1 Work issues, which may include coordinating conference calls
and/or meetings with the CITY and/or consultant(s).
7. SGVCOG shall include in any agreements with consultants for the Phase 1 Work a
requirement that they indemnify the CITY, its officers, agents and employees and
include same as additional insureds under the consultant’s(s’) general and
automotive liability policies, with protection provided to the same extent as provided
to SGVCOG.
8. In coordination with the CITY, assist in seeking additional funding sources for Phase
1 Work, if needed, or for latter phases of the PROJECT, as necessary.
B. CITY Responsibilities.
1. Maintain membership in the SGVCOG during the entire term of this MOA. In the
event CITY is no longer a member of the SGVCOG, this MOA will terminate by its
own terms on the date CITY is no longer a member.
2. Designate a person to serve as the CITY’s Project Manager with name, title, and
contact information who shall be the CITY’s primary liaison with SGVCOG’s
Project Manager for implementation of this MOA.
3. The CITY’s Project Manager shall assist the SGVCOG in directing and managing
solicitations from, and selections of consultant(s) to perform Phase 1 Work which
shall include, but not be limited to:
a. In consultation with the SGVCOG, preparation of a scope of work, budget,
schedule to include in a Request for Qualifications (RFQ) for solicitation to
qualified consultants to complete Phase 1 Work;
b. Assisting the SGVCOG in the development of consultant selection and/or
ranking criteria;
c. Serving or appointing a designee on the selection committee for the purpose of
selecting the most qualified consultant(s);
d. Approval of an on-call bench of qualified consultant(s) which best meet the
needs and requirements for the CITY’s PROJECT, from which the SGVCOG
and CITY may select qualified consultant(s) for performance of the Phase 1
Work; and
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e. Assisting the SGVCOG in the negotiation of the precise Phase 1 Work, cost, and
schedule with the selected consultant(s).
4. The CITY’s Project Manager shall provide direction and support to manage the day-
to-day Phase 1 Work coordination efforts with the SGVCOG’s Project Manager and
consultant(s), which shall include, but not be limited to:
a. Ensuring timely payment of local match funds to the SGVCOG, if applicable in
accordance with Section III.B.5 below;
b. Attendance and participation in Monthly PDT meetings, scheduled PROJECT
working group meetings, and PROJECT conference calls between SGVCOG’s
Project Manager, CITY’s Project Manager, applicable CITY departments/staff,
and/or the consultant(s) to provide progress updates and receive input from the
CITY;
c. CITY’s Project Manager shall provide timely feedback and timely raise issues
to the SGVCOG concerning Phase 1 Work implementation;
d. CITY’s Project Manager shall timely respond to SGVCOG and consultant’s(s’)
requests for Project data, information, review of materials, and provide input to
the SGVCOG to support the completion of the Phase 1 Work;
e. CITY’s Project Manager shall coordinate and manage the CITY’s circulation
and review of all Phase 1 Work deliverables to other CITY departments and
divisions and submit written comments for all submitted deliverables within 45
days of receipt thereof:
i. CITY understands that successful completion of the Phase 1 Work
requires the CITY to provide the necessary resources and to timely
respond to requests for information and submissions from the SGVCOG.
ii. CITY shall develop an intra-agency review committee or technical
working group that includes all CITY departments to circulate and
facilitate the review and comments for all Phase 1 Work deliverables as
necessary.
iii. Should the CITY not provide the written comments within 45 days, the
SGVCOG may deem the deliverable approved by the CITY.
5. CITY’s Project Manager shall ensure proper and timely payment of local match funds to
the SGVCOG in the amount not to exceed $40,000, in accordance with the approved Project
Funding and Expenditure Plans shown in Exhibit “D”. Should any portion of PROJECT be
financed with local funds with specific expenditure requirements or limitations, all
applicable laws, regulations and policies relating to the use of such funds shall apply to the
CITY and not to the SGVCOG notwithstanding other provisions of this Agreement. Future
amendments will be made in concurrence with the SGVCOG, CITY, and possibly
LACMTA in the event of cost increases, new funding, Project infeasibility, etc.
6.
7. CITY’s Project Manager shall attend and participate in PROJECT related outreach
events, including:
a. Assisting or assigning other CITY staff to assist the SGVCOG and/or
consultant(s) to disseminate PROJECT information and updates and coordinate
outreach efforts between CITY, SGVCOG, consultant(s), and CITY residents
and stakeholders for the Phase 1 Work.
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b. Assisting the SGVCOG and/or its consultant(s) with the coordination,
distribution, and posting of public outreach notices and to place items on the
agenda for City Council consideration (if required), as requested.
8. CITY’s Project Manager shall assist with future grant application(s) as needed for
the Phase 1 Work, or for other latter phases of the PROJECT, as necessary by
providing clear and concise descriptions of such work, including project budget and
schedule, and other necessary data and materials to support timely submission by
the SGVCOG or CITY for such grants.
9. Failure to satisfactorily perform the duties and responsibilities stated in Article III.B,
as determined by the SGVCOG, may result in penalties up to and including loss of
funding and lead to termination of this MOA upon notice to the CITY in accordance
with Article V.
C. Cost Responsibilities of Parties.
1. It is understood by the Parties that if the Phase 1 Work as described is not completed,
that the SGVCOG may be required to reimburse LACMTA for any MSP funds
expended on the Phase 1 Work and that the SGVCOG is entering into this MOA with
the understanding that the MSP Allocation will be its sole financial contribution
toward payment for any of the Phase 1 Work.
2. If upon the successful completion of negotiations with the selected consultant(s)
and/or contractors or at such earlier date as the Project Managers may agree, but in
any event, prior to execution of a contract with the selected consultant(s), after having
utilized the bench of qualified consultants, it is determined by either Project Manager
that the cost of the Phase 1 Work will exceed the total MSP ATP Allocation, the
CITY’s local match contributions, if any, and available other sources of funding, the
Project Managers shall meet and determine whether the CITY is willing to fund any
deficit in completing the PROJECT, or in the alternative, whether the scope of the
PROJECT should be reduced so the MSP ATP Allocation is sufficient to pay for the
cost or is reduced to an amount that the CITY is willing to contribute. In the event
that either the PROJECT scope is reduced or the CITY determines to contribute
toward the cost thereof, the Parties shall enter into an amendment to this MOA or as
applicable, a cooperative agreement to reflect their agreement, with the recognition
that approval of any such amendment or cooperative agreement may be subject to the
approval of LACMTA.
3. If the Parties cannot reach an agreement on funding of the PROJECT or limiting its
scope so there is sufficient funding, the Parties may mutually terminate this MOA
upon written agreement. In the event of any such termination, the Parties shall have
no further obligations to each other under the MOA and both shall cease any further
work thereon, except that which is reasonably necessary to effectuate the termination.
In the event of such a termination, to the extent that LACMTA disallows the use of
the MSP funds to reimburse the SGVCOG for its administrative and project
management costs incurred under this MOA, the City shall reimburse the SGVCOG
for such expenses using CITY funds.
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4. If, following commencement of the Phase 1 Work, amendment(s) to the selected
consultant’s(s’) contract(s) become necessary and require funding in addition to the
amounts allocated under this MOA, and additional funding sources are not identified,
the Parties shall meet and confer pursuant to the process identified in paragraph (2)
above, but neither Party shall be obligated to provide additional funds. In the case
that the Parties cannot reach an agreement on funding the additional Phase 1Work or
limiting the scope, the provisions of paragraph (3) above shall apply.
5. During the course of plan preparation, CITY may request SGVCOG to include
additional work in Phase 1 Work. Said work shall be considered a "betterment" if
it is not directly required by the proposed work shown in Exhibit "B", is not eligible
for, or within the scope of, the funding appropriated to SGVCOG for Phase 1 Work
as determined by LACMTA, or is not designated as a required mitigation measure
for Phase 1 Work. In addition, the term betterment shall include any work that CITY
desires to have constructed concurrently with PROJECT and for which SGVCOG is
able to reasonably accommodate in PROJECT. CITY shall pay One Hundred
(100%) Percent of the Project engineering, construction, and administration and
project management costs for these CITY requested betterments and a separate
agreement shall be executed defining the terms and conditions under which
betterment is to be engineered, constructed, financed, operated, and maintained.
6. SGVCOG will reimburse CITY for reasonable contracted plan check expenses
related to Phase 1 Work. In order to be eligible for reimbursement, said expenses
must have prior approval from SGVCOG, and be required due to unavailability, or lack
of specific required expertise, of CITY staff to perform the required plan checking.
SGVCOG acknowledges that this activity is an important protection for CITY and
will not unreasonably withhold its approval of such expenses. This provision does not
include the reimbursement of CITY staff time incurred for managing the CITY’s
PROJECT.
IV. DESIGNATED PROJECT MANAGERS:
A. Every notice, demand, request, or other document or instrument delivered pursuant to
this Agreement shall be in writing, and shall be either personally delivered, sent by
Federal Express or other reputable overnight courier, or sent by certified United States
mail, postage prepaid, return receipt requested, to the addresses set forth below, or to
such other address set forth below, or to such other address as a party may designate
from time to time.
1. For purposes of this MOA, the SGVCOG designates the following individual as its
Project Manager:
Roy Choi
Manager of Transportation
San Gabriel Valley Council of Governments
1333 S. Mayflower Avenue, Suite 360
Monrovia, CA 91016
(626) 373-2687
roychoi@sgvcog.org
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2. For purposes of this MOA, the City of Azusa designates the following individual as
its Project Manager:
Miguel Cabanas
Principal Civil Engineer
Public Works
City of Azusa
213 E. Foothill Boulevard
Azusa, CA 91702
(626) 812-5264
mcabanas@AzusaCA.gov
3. Additional Parties’ contacts to whom copies of written notices shall be sent shall
also include the following individuals:
To SGVCOG:
Marisa Creter
Executive Director
San Gabriel Valley Council of Governments
1333 S. Mayflower Avenue, Suite 360
Monrovia, CA 91016
(626) 457-1800
mcreter@sgvcog.org
and
Kevin Lai, P.E.
Director of Capital Projects
San Gabriel Valley Council of Governments
1333 S. Mayflower Avenue, Suite 360
Monrovia, CA 91016
(626) 457-1800
klai@sgvcog.org
To City of Azusa:
Robert Delgadillo
Director of Public Works / City Engineer
Public Works
City of Azusa
213 E. Foothill Boulevard
Azusa, CA 91702
(626) 812-5248
rdelgadillo@AzusaCA.gov
B. Either Party may change its Project Manager or contacts upon written notice to the other
Party which includes all contact information referenced above. If a provision of this
MOA requires participation by a Party’s Project Manager, and such Party’s Project
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Manager is not available, a designee may be appointed by the applicable Project
Manager to participate in his or her place.
V. TERMINATION:
A. Except as otherwise provided in this MOA, this MOA may only be terminated for cause.
If a party believes that the other party is in default of any material term of this MOA,
the non-defaulting party shall give written notice to the defaulting party specifying in
reasonable detail the nature of the default. The defaulting party shall then have thirty
(30) calendar days in which to cure the default. If the default is not cured, in the exercise
of reasonable diligence, curable within said thirty (30)-day period, then the defaulting
party shall promptly commence such cure within thirty (30) calendar days and diligently
pursue it to completion, provided that in all instances the cure must be completed within
ninety (90) calendar days from the date of the written notice. If the defaulting party
does not cure the default within thirty (30) days, or when applicable, commence the cure
within thirty (30) days, then the non-defaulting party may terminate this MOA upon
written notice to the defaulting party or exercise any other rights and remedies the non-
defaulting party may have under this MOA, including the right to specific performance
or other injunctive or equitable relief.
B. Should this MOA be terminated for cause, the SGVCOG shall cease the Phase 1 Work
and not incur any additional expenses, except that which are reasonable and necessary
to effectuate the termination and in the absence of an agreement between the Parties to
the contrary, the CITY shall have no further rights to any allocation of the Phase 1
Funding.
1. Should the MOA be terminated for cause by the CITY or it is determined in a judicial
proceeding or other decision that is binding on the Parties that SGVCOG’s
termination was not for cause, the CITY shall not be required to reimburse the
SGVCOG for any MSP funds expended and incurred under this MOA.
2. Should the MOA be terminated by SGVCOG for cause or it is determined in a
judicial proceeding or other decision that is binding on the Parties that CITY’s
termination was not for cause, the CITY shall be required to reimburse the SGVCOG
all MSP funds expended and incurred under this MOA up to the date of such
termination and reasonably incurred thereafter in suspending work under this MOA.
VI. INDEMNITY:
A. Neither the SGVCOG, its member agencies, or their respective officers, employees,
consultants or volunteers (the “SGVCOG Indemnitees), shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be done by the
CITY Indemnitees under or in connection with the performance of this MOA.
B. Neither the CITY or its respective officers, employees, consultants or volunteers (CITY
Indemnitees), shall be responsible for any damage or liability occurring by reason of
anything done or omitted to be done by the SGVCOG Indemnitees under or in
connection with the performance of this MOA.
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C. The CITY shall indemnify, defend and hold the SGVCOG Indemnitees harmless from
and against any liability, claims, losses, actions, and expenses, including without
limitation, defense costs, any costs or liability on account of bodily injury, death or
personal injury of any person or for damage to or loss of use of property, any legal fees
and any claims for damages of any nature whatsoever arising out of or resulting from
the CITY Indemnitee’s performance or failure to perform the CITY’s obligations under
this MOA, unless caused by the negligence or willful misconduct of the SGVCOG
Indemnitees.
D. The SGVCOG shall indemnify, defend and hold the CITY Indemnitees harmless from
and against any liability, claims, losses, actions, and expenses, including without
limitation, defense costs, any costs or liability on account of bodily injury, death or
personal injury of any person or for damage to or loss of use of property, any legal fees
and any claims for damages of any nature whatsoever arising out of or resulting from
the SGVCOG Indemnitee’s performance or failure to perform the SGVCOG’s
obligations under of this MOA, unless caused by the negligence or willful misconduct
of the CITY Indemnitees.
E. The indemnification obligations contained in this Article VI. shall survive any
expiration or termination of this MOA.
VII. OTHER TERMS AND CONDITIONS:
A. Entire Agreement. This MOA, along with the applicable funding requirements of the
yet to be executed agreement between the SGVCOG and LACMTA, a draft of which is
attached as Exhibit E, constitute the entire understanding between the Parties, with
respect to the subject matter herein and supersedes any and all other prior writings and
oral negotiations. The SGVCOG shall provide the City a copy of such agreement upon
execution by SGVCOG and LACMTA., The MOA shall not be amended except in
writing signed by the Parties. The CITY acknowledges that it is familiar with and has
been provided an opportunity to review such funding requirements.
B. Interpretation. Unless otherwise specified herein, the term “days” shall mean business
days, and excludes weekends and holidays.
C. Governing Law. This MOA shall be governed by and construed under California law
and any applicable federal law without giving effect to that body of laws pertaining to
conflict of laws. In the event of any legal action to enforce or interpret this MOA, the
Parties hereto agree that the sole and exclusive venue shall be a court of competent
jurisdiction located in Los Angeles County, California.
D. Attorneys’ Fees. In the event that there is any litigation or other legal proceeding
between the Parties in connection with this MOA, each party shall be responsible for its
legal costs, including attorneys’ fees.
G. Force Majeure. Neither Party hereto shall be considered in default in the performance
of its obligations hereunder to the extent that the performance of any such obligation is
prevented or delayed by unforeseen causes including acts of God, floods, earthquake,
fires, acts of a public enemy, pandemic, and government acts beyond the control and
11
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 the performance of any obligations under this MOA.
H. Waiver. Waiver by any Party to this MOA of any term, condition, or covenant of this
MOA shall not constitute a waiver of any other term, condition, or covenant. No waiver
of any provision of this MOA shall be effective unless in writing and signed by a duly
authorized representative of the party against whom enforcement of a waiver is sought.
E. Headings. The section headings contained in this MOA are for convenience and
identification only and shall not be deemed to limit or define the contents to which they
relate.
F. Assignment. Neither party may assign its interest in this MOA, or any part thereof,
without the prior written consent of the other party. Any assignment without consent
shall be void and unenforceable.
G. Severability. If any provision of this MOA 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.
H. Incorporation of Recitals. The recitals set forth above are true and correct and are
incorporate into this MOA by reference as if fully set forth herein.
I. Successors and Assigns. The terms of this MOA shall inure to the benefit of, and shall
be binding upon, each of the Parties and their respective approved successors and
assigns.
J. Authority to Execute. The person executing this Agreement on behalf of the Parties
warrant that they are duly authorized to execute this Agreement on behalf of said Parties,
and that by doing so the Parties are formally bound to the provisions of this Agreement.
In witness whereof, the Parties enter into this MOA on the date of last execution by the Parties.
CITY OF AZUSA
By: ___________________________
Sergio Gonzalez
City Manager
Date: __________________________
APPROVED AS TO FORM:
_______________________________
Marco A. Martinez
City Attorney
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SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
By: ____________________________
Marisa Creter
Executive Director
Date: __________________________
APPROVED AS TO FORM:
_______________________________
David DeBerry
General Counsel
13
EXHIBIT A
EAST SAN GABRIEL VALLEY
SUSTAINABILE MULTIMODAL IMPROVEMENT PROJECT (SMIP)
Project Details
Project Description
The East San Gabriel Valley Sustainable Multimodal Improvement Project (SMIP) is the result of
a partnership between the seven Partner Cities of Azusa, Claremont, Covina, Glendora, La Verne,
Pomona, and San Dimas under the leadership of the San Gabriel Valley Council of Governments
(SGVCOG). The SMIP’s goals are to provide First/Last Mile connections, active transportation
improvements, and bus system infrastructure enhancements throughout the eastern San Gabriel
Valley.
The SMIP was assembled in coordination by the City of Glendora and implements First/Last Mile
and Active Transportation projects included in the Arrow Highway Multimodal Corridor Plan and
Metro’s Gold Line Foothill Extension 2B First/Last Mile Plan. After successfully securing a
recommendation from the SGVCOG through LACMTA to receive $14,997,974 in Measure M
Multi-Year Subregional Program (MSP) Cycle 2 awarded funds, the Partner Cities selected the
SGVCOG to serve as the Project’s lead agency to coordinate, administer, and manage the design
and construction activities for their SMIP Projects on their behalf.
The proposed improvements provide enhanced multimodal connectivity to transit stations,
employment centers, schools, and major entertainment and recreational centers which were
identified through a series of robust community outreach efforts led by members of East San
Gabriel Valley. Specific improvements include protected bike lanes, ADA-compliant access
ramps, sidewalk improvements and repairs, bike infrastructure, bus shelter renovations, pedestrian
crossing enhancements, improved lighting and landscaping, and construction of a new pedestrian
bridge.
Collectively, the SGVCOG’s Partner Cities’ SMIP project includes a total of 16 separate Active
Transportation, First/Last Mile, and Bus System Improvement projects with an estimated total
project cost of approximately $173,233,295. Considering the magnitude of the SMIP, the awarded
$14,997,974 from the MSP Cycle 2 Program combined with the committed local city funds of
$12,996,198 will only contribute to the partial completion of some of the Partner Cities’ SMIP
projects and/or project phases and will thus require the SMIP to be completed in multiple project
phases in order to fully deliver all of the SMIP projects. Subsequent phases of the SMIP will be
completed using funds that will be secured from various other sources, including local Measure
M, Measure R, Proposition C, Enhanced Infrastructure Financing District (EIFD) dollars,
earmarks, and competitive grant sources.
Phase 1 of the SMIP has been referred to the following nine Partner City projects and project
phases that will be completed using the awarded MSP Cycle 2 funding and local city funds totaling
$27,994,172:
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1. City of Azusa - San Gabriel Avenue / Azusa Avenue Complete Streets Project (30% P.E.)
2. City of Claremont - Arrow Highway & Cambridge Avenue Improvements Project (PS&E
and Construction)
3. City of Covina - Glendora Avenue & Grand Avenue Complete Streets Project (PA&ED,
PS&E, and construction and installation of enhanced bus shelters)
4. City of Glendora - People Movement Project (Glendora Avenue Project) (PS&E and
Construction)
5. City of Glendora - People Movement Project (Little Dalton Wash Project) (PS&E and
Construction)
6. City of Glendora - People Movement Project (San Dimas Wash Project) (PS&E and
Construction)
7. City of La Verne - Gold Line Transit Oriented Pedestrian Bridge Project (PS&E and
Construction)
8. City of Pomona - Transit Improvement Program - Metro Gold Line First/Last Mile
Improvements Project (PS&E and partial Construction)
9. City of San Dimas - East/West Multimodal Transportation Route Project (PA&ED and
Conceptual Engineering)
Phase 2 and possible later phases of the SMIP have been referred to as all of the project components
and phases that could not be completed for the nine projects included under Phase 1 and also the
remaining Partner Cities’ seven SMIP projects and/or project phases that would be designed and
constructed, once future funds are secured.
MSP Project Nexus & Demonstrated Need
The eastern San Gabriel Valley has a population of over 400,000 and limited active transportation
networks. Additionally, substantial regional transportation investments have been made via
Metrolink and extension of the Metro A Line. Developing and constructing a coherent active
transportation network will capitalize on the generational investments made along the light-rail
corridor and represents an unprecedented level of cooperation between the corridor cities. Each
partnering city is dedicated to reducing transportation gaps between each other and leveraging the
transformative transit investments to make the San Gabriel Valley more equitable and sustainable.
The SMIP focuses on building high-quality active transportation infrastructure where people will
bicycle, walk, and connect to transit. Providing high-quality First/Last Mile and Active
Transportation facilities will allow people of all ages and abilities in the East San Gabriel Valley
to feel more comfortable bicycling and walking. Each Partner City is committing to improve
First/Last mile access to transit (Metrolink and Metro Rail) as well as linking to major regional
active transportation facilities via flood control channels and major corridors like Arrow Highway.
The SMIP will also link various regional and major destinations in the San Gabriel Valley.
The SMIP contains some of the highest rated active transportation infrastructure. Research by the
FHWA and locally generated survey data indicated that users of active transportation facilities
overwhelmingly feel safer in low-stress networks. Class I bicycle and pedestrian facilities
eliminate vehicle collisions except at crossings. Crossing improvements, have a crash reduction
factor of around 45%. Buffered Class II bicycle lanes can have a reduction factor of up to 35%.
Class IV bicycle lanes can have a crash reduction factor of up to 94%.
15
Traffic safety and environmental stewardship are the primary benefits of the SMIP. The Metro
Gold Line Extension EIR noted that nearly 60% of boarding at the Metro Stations will likely be
from modes other than driving. Metro’s onboard surveys show 61% of riders live below the
poverty line and with a median income of less than $17,000. Safe active transportation connections
to transit helps reduce the burden of vehicle ownership as well as improving public health
outcomes. Several low-income census tracts as well as disadvantaged and equity focused
communities are located within the project area and will be served by the proposed transportation
improvements.
SMIP Project Location Map (Includes all SMIP Projects/Phases)
The following figure is a Project Location Map of the proposed SMIP improvements in the seven
Partner Cities.
SMIP Phase 1 Estimated Project Costs & Project Funding/Budget
The total cost to complete the nine Projects included under SMIP Phase 1 has been estimated at
$80,077,667. Collectively, for SMIP Phase 1 the SGVCOG and its Partner Cities have currently
secured $27,994,172 in total funding including: $14,997,974 MSP Cycle 2 funds ($6,452,974 in
Active Transportation Program [ATP] subfunds, $150,000 in Bus System Improvement Program
[BSIP] subfunds, and $8,395,000 in First/Last Mile [FLM] subfunds) and local city contributions
in the amount of $12,996,198 to complete the SMIP Phase 1 projects and/or project phase(s).
Additional funds will be required to fully complete PS&E, and construction for some of the Cities’
SMIP Phase 1 Projects and funds are currently being sought by the SGVCOG and its Partner Cities
through numerous competitive grant applications and earmark requests. A summary of the details
for the City’s SMIP Phase 1 Projects’ estimated project costs and budget is shown below:
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SMIP Phase 1 Estimated Project Costs & Project Funding / Budget (All Cities)
Project Milestones /
Phases
Total Cost
Estimate
Secured Funding
Additional
Funding
Needed
LACMTA
Measure M Funds Local Agency Total Funding
SGVCOG PM/Admin $1,499,797 $1,499,797 MSP Cycle 2 n/a $1,499,797 n/a
PLANNING $90,000 $0 $90,000 $90,000 $0
PA&ED $320,460 $253,649 $136,092 $389,741 ($69,281)
PS&E $5,799,062 $3,232,260 $1,264,198 $4,496,458 $1,302,604
ROW $0 $0 $20 $20 $(20)
CON $72,368,348 $10,012,267 $11,505,888 $21,518,156 $50,850,192
OTHER $0 $0 $0 $0 $0
TOTAL $80,077,667 $14,997,974 MSP Cycle 2 $12,996,198 $27,994,172 $52,083,495
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EXHIBIT B
EAST SAN GABRIEL VALLEY
SUSTAINABLE MULTIMODAL IMPROVEMENT PROJECT (SMIP)
Scope of Work
City of Azusa SMIP Phase 1
City of Azusa
San Gabriel Avenue / Azusa Avenue Complete Streets Project
(MSP Cycle 2 [Active Transportation Program Subfund] Allocation $400,000)
Azusa SMIP Phase 1 Project Description
The City of Azusa’s SMIP Phase 1 Project - San Gabriel Avenue / Azusa Avenue Complete Streets
Project includes completing Project Approval and Environmental Documentation (PA&ED) and
developing 30 percent Preliminary Engineering (30% P.E.) Design Plans for the conversion of
segments of San Gabriel Avenue and Azusa Avenue from currently one-way streets into two-way
streets. The proposed new street reconfiguration design includes adding drought tolerant raised
medians, curb extensions, pedestrian and traffic street lighting, wayfinding signage, and protected
bike lanes. In addition, 14 traffic signals will be modified to accommodate the new two-way street
configuration and to promote walking and bicycling. San Gabriel Avenue, approximately 9,200
LF and Azusa Avenue, approximately 6,400 LF will be converted into a two-way street from First
Street to Sierra Madre Avenue; however, Azusa Avenue will continue to be a one-way street from
5th Street to 9th Street.
Azusa SMIP Phase 1 Project Limits/Area & Location Map
The City of Azusa’s SMIP Phase 1 Project is located along Azusa Avenue and San Gabriel Avenue
in the City of Azusa. The project limits are Sierra Madre Avenue to the north and E. 1st Street to
the south, except Azusa Ave from 5th Street to 9th Street.
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Azusa SMIP Phase 1 and Subsequent Phases Estimated Project Costs & Project
Funding/Budget
The City of Azusa’s total cost estimate for the City’s SMIP Phase 1 and subsequent Project phases
is $28,629,672, of which only $400,000 has been currently secured by the SGVCOG in MSP Cycle
2 Active Transportation Program (ATP) subfunds and $40,000 in local City funds to complete
Project Approval & Environmental Documentation (PA&ED) and 30 percent Preliminary
Engineering (30% P.E.) Design Plans. Additional funding will be required to complete Plans,
Specifications, and Estimates (PS&E), and construction to implement the Project and are currently
being sought through competitive grants and earmark requests. Cost estimate and budget details
for the City’s SMIP Phase 1 and subsequent Project phases are shown below:
City of Azusa - San Gabriel Avenue / Azusa Avenue Complete Streets Project Funding
Project Milestones /
Phases
Total Cost
Estimate
Secured Funding
Additional
Funding
Needed
LACMTA
Measure M Funds Local Agency Total Funding
SGVCOG PM/Admin $40,0000 $40,000 ATP n/a $40,000 n/a
PLANNING $0 $0 $0 $0 $0
PA&ED $10,000 $10,000 ATP $0 $10,000 $0
*PS&E $1,829,000 $350,000 ATP $40,000 $390,000 $1,439,000
ROW $0 $0 $0 $0 $0
CON $26,750,672 $0 $0 $0 $26,750,672
OTHER $0 $0 $0 $0 $0
TOTAL $28,629,672 $400,000 ATP $40,000 $440,0000 $28,189,672
*30 percent Preliminary Engineering design phase cost estimate is $390,000. Total cost estimate shown
for PS&E is the cost estimate for the entire PS&E phase.
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Azusa SMIP Phase 1 Detailed Project Schedule
Current Project Status: Pre-Design Phase. Community Outreach complete.
Azusa SMIP Phase 1 Project Milestone Schedule
Project Milestones / Phases Start Date End Date Duration (Months)
PA&ED November 1, 2023 March 1, 2024 4
30% P.E. November 1, 2023 November 1, 2024 12
PS&E TBD TBD
ROW (if applicable) n/a n/a
CON TBD TBD
CLOSEOUT January 1, 2025 March 31, 2025 3
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EXHIBIT C
CITY OF AZUSA
EAST SAN GABRIEL VALLEY SUSTAINABILE MULTIMODAL IMPROVEMENT PROJECT (SMIP)
Phase 1 Work MSP Funding Allocation
SMIP Phase 1 Work MSP Funding Allocation
City Project
ATP Subfunds
TOTAL
FY 2023 FY 2024 FY 2025 FY 2026
Azusa San Gabriel Avenue/Azusa Avenue
Complete Streets Project $ 400,000 $ ‐ $ ‐ $ ‐ $ 400,000
TOTAL $ 400,000 $ ‐ $ ‐ $ ‐ $ 400,000
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EXHIBIT D
CITY OF AZUSA
EAST SAN GABRIEL VALLEY SUSTAINABILE MULTIMODAL IMPROVEMENT
PROJECT (SMIP)
Phase 1 Funding & Expenditure Plans
SEE ATTACHED
METRO’S PROJECT FUNDING PLAN (ATTACHMENT A)
&
EXPENDITURE PLAN (ATTACHMENT B)
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EXHIBIT E
FUNDING AGREEMENT BETWEEN THE
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY AND
THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
FOR
THE EAST SAN GABRIEL VALLEY SUSTAINABLE MULTIMODAL
IMPROVEMENT PROJECT (SMIP)
SEE ATTACHED