STATE ROUTE 135 COMPREHENSIVE CORRIDOR STUDY
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MARIA
AND
THE SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS
This Memorandum of U nderstanding (MOU) is made by and between the City of Santa Maria, a political subdivision of the State of California (hereafter CITY) and the Santa Barbara County Association of Governments (SBCAG) each referred to individually herein as PARTY and collectively as PARTIES. SBCAG with an address at 260 N San Antonio Rd, Suite B, Santa Barbara, CA 93110 (hereafter SBCAG) wherein
WHEREAS, SBCAG, in partnership with the CITY has been awarded a grant from the California Department of Transportation (Caltrans) through the Sustainable Transportation Planning Grant Program in the Strategic Partnerships sub program in that amount of $160,000 to complete the State Route 135 Comprehensive Corridor Study (hereafter PROJECT); and
WHEREAS, the grant requires a match in the amount of $40,000 split evenly between SBCAG and the CITY; and
WHEREAS, the funded PROJECT includes study area limits of Clark Avenue in unincorporated Santa Barbara County to the south and McCoy Lane in the City of Santa Maria to the north;
WHEREAS, the CITY has requested the study area limit be extended to US 101 in the north, encompassing State Route 135 between Clark Avenue and US 101 (“scope of work expansion”); and
WHEREAS, SBCAG determined the cost of extending the study area to be $130,000 providing for a total project budget of $330,000; and
WHEREAS, the CITY and SBCAG agree to enter a MOU to complete WORK, with SBCAG acting as the PROJECT managing agency. SBCAG may retain the services of contractor(s) or subcontractor(s) to complete WORK.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is agreed between the PARTIES hereto that:
1. RECTIALS
The PARITES agree the above recitals are true and correct and incorporated herein.
2. PURPOSE, LIMITS AND DESCRPTION
The purpose of the PROJECT is to perform a comprehensive multi-modal corridor study of the State Route 135 corridor between Clark Avenue and US 101 in the unincorporated community of Orcutt and the City of Santa Maria. The PROJECT will include existing conditions analysis, public engagement process, and development of multi -modal improvement concepts for the corridor and parallel facilities.
3. TERM
The term of this MOU shall commence as of the date of execution by all PARTIES and shall end no Attachment B
SR 135 Comprehensive Corridor Study MOU between SBCAG and City of Santa Maria
later than June 30, 2028, unless earlier terminated or otherwise agreed.
4. SCOPE OF SERVICES
EXHIBIT A, Scope of Services, and hereafter called WORK, identifies the work elements that are to be shared among SBCAG and CITY. The specific WORK activities are shown in EXHIBIT A.
Included in the WORK for this PROJECT is completion of a comprehensive multi-modal corridor study, resulting in a final study document memorializing the study process and identifying recommended capital and policy improvements.
5. ROLES, RESPONSIBILITIES AND STANDARD OF PERFORMANCE
A. SBCAG will be implementing WORK on behalf of CITY as a result of this MOU. CITY will act as a project stakeholder and advisor for the PROJECT.
B. SBCAG will act as the CITY’s project manager and may retain the services of a contractor or subcontractor to assist with the fulfillment of the WORK . SBCAG may utilize a portion of the budget to administer work.
C. CITY will pay SBCAG a total of $150,000 to complete WORK which includes the $20,000 grant match and $130,000 for scope of work expansion.
D. SBCAG will use a Project Development Team (PDT) team consisting of, but not be limited to, representatives from SBCAG, CITY, consultants engaged by SBCAG, and Caltrans. PDT meetings will be used to review status, working through deliverables, and reviewing schedules.
E. SBCAG may make presentations to advisory or subcommittees of the SBCAG B oard to provide progress updates on PROJECT.
F. CITY will monitor that the performance of SBCAG is consistent with the roles and responsibilities in accordance with the Standard of Performance set forth elsewhere in this MOU.
G. SBCAG represents that it possesses the professional and technical personnel required to perform the WORK related to the PROJECT as described in this MOU through its own staff and contractors retained specifically for this PROJECT . All WORK will be performed under the supervision of SBCAG’s Director of Planning. SBCAG and its contractors and subcontractors shall perform all services in a manner commensurate with their own usual and customary standards and with the reasonable and ordinary level of care provided by others performing similar or like work and shall be consistent with all state and federal requirements and standards required as a condition of providing these grant funds.
H. As determined by the CITY, SBCAG’s failure to perform services as required under the Standard of Performance shall constitute SBCAG’s noncompliance with this MOU. Upon CITY’s determination of noncompliance, CITY shall provide SBCAG written notice and an opportunity to cure. CITY’s notice shall include specific details of the noncompliance related to WORK and a description of the failure. If SBCAG does not cure such noncompliance within seven workdays (7) days after being notified by the CITY, suspension or termination procedures of this MOU may be initiated pursuant as described elsewhere in this MOU.
Attachment B
SR 135 Comprehensive Corridor Study MOU between SBCAG and City of Santa Maria
6. FUNDING, INVOICING AND REPORTING
It is expressly agreed and understood that the total amount to be paid by the CITY to SBCAG under this MOU shall not exceed $150,000.
A. SBCAG will include WORK as part of its annual budgets and appropriate the SBCAG funds to pay for ongoing expenditures and receipt of revenue reimbursement related to the PROJECT.
B. Should PARTIES determine at any point in time that the PROJECT cost, not -to-exceed amount, will be insufficient to fully fund the WORK to complete the PROJECT, PARTIES shall agree to meet and confer to determine a course of action.
C. SBCAG shall submit an invoice to CITY for payment.
D. CITY will provide payment to SBCAG within 30 days of receipt of invoice.
7. OTHER PARTIES OF INTEREST
The following additional agencies, entities and organizations shall be collaborators and partners to PARTIES in developing this PROJECT: The County of Santa Barbara, Caltrans.
8. POINTS OF CONTACT & NOTICES
PARTIES shall establish a primary point of contact in the execution of this MOU. SBCAG and CITY may modify its point of contact by providing in writing the new individuals contact name and information to the PARTIES’ point of contact.
Any notice or consent required or permitted to be given under this MOU shall be given to the primary point of contact in writing via mail and/or email. This section shall not be construed as meaning that PARTIES agree to service of process except as required by applicable law.
Agency Contact Individual and Information
CITY Brett Fulgoni
Public Works Director
Ruffoni Building
110 South Pine Street, Suite 221
Santa Maria, CA 93458
[email protected]
SBCAG Mike Becker
Director of Planning
260 North San Antonio Road, Suite B
Santa Barbara, CA 93110
[email protected]
9. ISSUE RESOLUTION; ADMINSTRATIVE REMEDIES
It is the intent of PARTIES to resolve issues that may arise at the lowest possible level during the completion of this PROJECT . However, it is agreed that certain issues may need to be elevated to obtain a resolution. Below is a tiered description of how issues shall be resolved by PARTIES.
Level 1 – Project Development Team ( PDT). The PDT shall be charged with the responsibility of resolving issues that arise during the development of the PROJECT when consensus cannot be Attachment B
SR 135 Comprehensive Corridor Study MOU between SBCAG and City of Santa Maria
reached. Issues regarding the WORK to be performed and cost or schedule, that do not demand action for additional budget authority, shall be attempted to be resolved by the PDT. The PDT will review the project issue, develop and discuss options for resolution and reach consensus on an approach. If consensus cannot be reached, the PDT will agree to elevate the issue to Level 2.
Level 2 – Executive Management. The PDT will convene a Level 2 – Management meeting when an issue cannot be resolved by the PDT at Level 1. The Level 2 Management members will include the City Manager for the CITY and SBCAG’s Executive Director.
No court shall exercise subject matter jurisdiction prior to exhaustion of all administrative remedies described in this section.
10. INDEMNIFICATION, NON-PARTNERSHIP, INSURANCE
PARTIES agree to defend, indemnify, and hold harmless each other in accordance with the provisions in EXHIBIT B, attached hereto and incorporated herein by this reference.
11. ENTIRE AGREEMENT AND AMENDMENTS
In conjunction with the matters considered herein, this MOU contains the entire understanding of the PARTIES and there have been no promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature hereafter binding except as set forth herein. This MOU may be altered, amended or modified only by an instrument in writing, executed by the PARTIES to this MOU and by no other means. Each PARTY waives their future right to claim, contest or assert that this MOU was modified, canceled, superseded, or changed by any oral agreements, course of conduct, waiver or estoppel.
Amendments shall not invalidate any parts of this MOU that are not changed by the amendment, nor relieve or release C ITY or SBCAG from its obligations under this MOU that are not changed by the amendment. PARTIES agree not unreasonably withhold approval of any amendments proposed by the other PARTY that may be necessary to conform with applicable federal, state or local governmental laws, regulations, ordinances, orders, rules, directives, circulars, bulletins, notices, guidelines, grantmaking agreements, policies and available funding amounts. In the event that the PARTIES cannot reach mutual agreement, this MOU may be terminated by either party upon written notice in accordance with the Termination section of this MOU.
12. DEBARMENT AND SUSPENSION
SBCAG certifies to CITY that it and its employees and principals are not debarred, suspended, or otherwise excluded from or ineligible for, participation in federal, state or local government contracts.
SBCAG certifies that it shall not contract with a contractor to complete WORK that is so debarred or suspended.
13. CONFLICT OF INTEREST
The PARTIES covenant that they presently have no employment or interest and shall not acquire any employment or interest, direct or indirect, including any interest in any business, property, or source of income, which would conflict in any manner or degree with the performance of services required to be performed under this MOU. Each PARTY agrees to promptly disclose to the other PARTY, in writing, any potential conflict of interest. Each PARTY retains the right to waive a conflict of interest disclosed if it determines the conflict to be immaterial, and such waiver is only effective if provided in writing.
Attachment B
SR 135 Comprehensive Corridor Study MOU between SBCAG and City of Santa Maria
14. RECORDS, AUDIT, AND REVIEW
The PARTIES shall keep such business records pursuant to this MOU as would be kept by a reasonably prudent practitioner of its profession and shall maintain such records for at least four (4) years following the termination of this MOU. All accounting records shall be kept in accordance with generally accepted accounting practices. The PARTIES shall have the right to audit and review all such documents and records at any time during regular business hours or upon reasonable notice. In addition, if this MOU exceeds ten thousand dollars ($10,000.00) the PARTIES shall be subject to the examination and audit of the State Auditor General for a period of three (3) years after final payment (Cal. Govt. Code Section 8546.7). The PARTIES shall participate in any audits and review, whether by CITY, SBCAG or the State, at no charge to each other.
15. NONDISCRIMINATION
The PARTIES shall comply with Title VI of the Civil Rights Act of 1964, as amended, and with the provisions contained in Title 49, Code of Federal Regulations (CFR), Part 21 through Appendix C and 23 CFR § 710.405(b). During the performance of this MOU, the PARTIES, for itself, its assignees and successors in interest agrees as follows:
A. Compliance with Regulations. PARTIES shall comply with the regulations relative to nondiscrimination in federally -assisted programs of the Department of Transportation (hereinafter, “DOT”) 49 CFR Part 21 , as they may be amended from time to time (hereinafter referred to as “Regulations”), which are herein incorporated by reference and made a part of this MOU.
B. Nondiscrimination. The PARTIES or contractor(s) shall not discriminate on the basis of race, color, national origin, or sex in the performance of this MOU . The PARTIES shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the PARTIES to carry out these requirements is a material breach of this MOU, which may result in the termination of this MOU or such other remedy as recipient deems appropriate. PARTIES, with regard to the work performed by it during the MOU, shall not discriminate on the grounds of race, religion, color, sex, age or national origin in the selection or retention of subcontractors, including procurement of materials and leases of equipment.
C. Solicitations for Contractors including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiations made by the PARTIES for WORK to be performed under this MOU, including procurement of materials or leases of equipment, each potential contractor or supplier shall be notified by PARTIES of the obligations under this MOU, and the Regulations relative to nondiscrimination on the grounds of race, religion, color, sex, age or national origin.
D. Information and Reports. PARTIES shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by CITY to b e pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required by a PARTY is in the exclusive possession of another who fails or refuses to furnish this information, the PARTY shall so certify to CITY, and shall set forth what efforts it has made to obtain the information.
Attachment B
SR 135 Comprehensive Corridor Study MOU between SBCAG and City of Santa Maria
E. Sanctions for Noncompliance. In the event of noncompliance with the nondiscrimination provisions of this MOU, CITY may impose such sanctions as it may determine appropriate, including, but not limited to:
i. Withholding of payments under this MOU until SBCAG complies, and/or
ii. Cancellation, termination or suspension of the MOU in whole or in part.
16. TERMINATION
A. For Convenience. Either party may terminate this MOU in whole or in part upon thirty (30) days written notice.
B. For Non-Appropriation of Funds . Notwithstanding any other provision of this MOU, in the event that no funds or insufficient funds are appropriated or budgeted by federal, state or local governments, or funds are not otherwise available for payments in the timeframe covered by this MOU, then CITY will notify SBCAG of such occurrence and CITY may terminate or suspend this MOU in whole or in part, with or without a prior notice period. Subsequent to termination of this MOU under this provision, CITY shall have no obligation to make payments with regard to the remainder of the term.
C. For Cause. Subject to the standard of performance and opportunity to cure above, s hould either PARTY default in the performance of this MOU or materially breach any of its provisions, the nonbreaching PARTY may, at its sole option, terminate or suspend this MOU in whole or in part by written notice.
If SBCAG is the alleged breaching PARTY then upon Receipt of notice to terminate, the SBCAG shall immediately discontinue all WORK as directed (unless the notice directs otherwise) and notify CITY as to the status of its performance. The date of termination shall be the date the notice is received by SBCAG, unless the notice directs otherwise. Upon such termination, SBCAG shall deliver to CITY all data, estimates, graphs, summaries, reports, and all other property, records, documents or papers as may have been accumulated or produced by SBCAG in performing this MOU, whether completed or in process, except such items as CITY may, by written permission, permit SBCAG to retain. Notwithstanding any other payment provision of this MOU, CITY shall pay SBCAG for satisfactory WORK performed to the date of termination to include a prorated amount of compensation due hereunder less payments, if any, previously made. In no event shall SBCAG be paid an amount in excess of the full price under this MOU.
SBCAG shall furnish to CITY such financial information as in the judgment of CITY is necessary to determine the reasonable value of the WORK rendered. In the event of a dispute as to the reasonable value of the WORK rendered, the decision of CITY shall be final. The foregoing is cumulative and shall not affect any right or remedy which CITY may have in law or equity.
17. SECTION HEADINGS
The headings of the several sections, and any table of contents appended hereto, shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof.
18. SEVERABILITY
If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from Attachment B
SR 135 Comprehensive Corridor Study MOU between SBCAG and City of Santa Maria
the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this MOU shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
19. REMEDIES NOT EXCLUSIVE
No remedy herein conferred upon or reserved is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise.
20. NO WAIVER OF DEFAULT
No delay or omission of either P ARTY to exercise any right or power arising upon the occurrence of any event of default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein; and every power and remedy given by this MOU to either PARTY shall be exercised from time to time and as often as may be deemed expedient.
21. SUCCESSORS AND ASSIGNS
All representations, covenants and warranties set forth in this MOU, by or on behalf of, or for the benefit of any or all of the PARTIES hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns.
22. COMPLIANCE WITH LAW
PARTIES shall, at their sole cost and expense, comply with all CITY Ordinances, and, State and Federal laws, statutes, regulations, and rules now in force or which may hereafter be in force, including but not limited to legal requirements that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the PROJECT.
23. CALIFORNIA LAW AND JURISDICTION
This MOU shall be governed by the laws of the State of California. Any litigation regarding this MOU or its contents shall be filed in the County of Santa Barbara, if in State court, or in the federal district court nearest to Santa Barbara County, if in federal court.
24. EXECUTION OF MOU IN COUNTERPARTS
This MOU may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the PARTIES shall preserve undestroyed, shall together constitute one and the same instrument.
25. AUTHORITY
All signatories and PARTIES to this MOU warrant and represent that they have the power and authority to enter into this MOU in the names, titles and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any State and/or federal law in order to enter into this MOU have been fully complied with.
26. SURVIVAL
All provisions of this MOU which by their nature are intended to survive the termination or expiration of this MOU shall survive such termination or expiration.
Attachment B
SR 135 Comprehensive Corridor Study MOU between SBCAG and City of Santa Maria
27. PRECEDENCE
In the event of conflict between the provisions contained in the numbered sections of this MOU and the provisions contained in the Exhibits, the provisions of the numbered sections shall prevail over those in the Exhibits.
28. SUSPENSION FOR CONVENIENCE
Either PARTY may, without cause, notify the other PARTY in writing to suspend, delay, or interrupt the services under this MOU in whole or in part for up to 30 days. Neither PARTY shall incur liability for suspension under this provision and suspension shall not constitute a breach of this MOU.
29. ADMINISTRATIVE AMENDMENTS
The P ARTIES agree that immaterial changes to the MOU such as updating the Notices contact information, addresses for notices, or other clerical error corrections which will not result in a material change to the MOU, WORK to be completed, or total budget amount may be authorized CITY’s City Manager, or designee, in writing, and SBCAG’s Executive Director, or designee.
This Memorandum of Understanding is entered into in Santa Barbara County and shall be effective when fully executed by the PARTIES.
SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS
A Joint Powers Authority
Randy Rowse Date:
Chair, SBCAG Board of Directors
ATTEST:
Marjie Kirn
Executive Director
Clerk of the Board
APPROVED AS TO FORM:
Rachel Van Mullem
County Counsel
Deputy County Counsel
[Signatures continue on following page.]
Attachment B
SR 135 Comprehensive Corridor Study MOU between SBCAG and City of Santa Maria
This Memorandum of Understanding is entered into in Santa Barbara County and shall be effective when fully executed by the PARTIES.
CITY OF SANTA MARIA
A Municipal Corporation
Alice Patino Date:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Acting as City Attorney of the City of
Santa Maria
Attachment B
SR 135 Comprehensive Corridor Study MOU between SBCAG and City of Santa Maria
EXHIBIT A
Scope of Services (“WORK”)
PARTIES shall complete the tasks for which they assigned as WORK below for the PROJECT.
Task 01: Project Administration
SBCAG will manage and administer the grant project according to the Grant Application Guidelines, Regional Planning Handbook, and the executed grant contract between Caltrans and SBCAG.
Task 01 sub-tasks:
Kick-off Meeting with Caltrans
• SBCAG will coordinate and attend a meeting with Caltrans staff to initiate the project.
Invoicing and Quarterly Reporting
• SBCAG will prepare and submit quarterly invoices, progress reports, and D isadvantaged Business Enterprise (DBE) reports to Caltrans.
Task Deliverables
Kick-off meeting with Caltrans - Meeting Notes, quarterly invoices and progress reports, DBE reporting.
Task 02: Consultant Procurement
SBCAG will procure a consultant, consistent with state and federal requirements, Local Assistance Procedures Manual for procuring non -Architectural and Engineering consultants, the Grant Application Guide, Regional Planning Handbook, and the executed grant contract between Caltrans and SBCAG.
Task 02 sub-tasks:
Develop Request for Proposals (RFP)
• SBCAG will develop an RFP for this PROJECT to select a consultant to complete some PROJECT WORK.
Review Proposals
• SBCAG Staff will assemble a proposal -reviewing team consisting of project stakeholders. Review of proposals will be done independently, and scores will be combined to identify preferred consultant.
Hiring of consultant
• The preferred consultant will be offered to enter into an ‘A greement for Services of an I ndependent Contractor’ that may be formally approved by the SBCAG Board.
Project Kick-off with Consultant
• SBCAG and the consultant will have initial project kick-off meeting.
Attachment B
SR 135 Comprehensive Corridor Study MOU between SBCAG and City of Santa Maria
Provide Quality Control of Data and Deliverables
• SBCAG staff will monitor consultant PROJECT WORK to ensure the PROJECT remains internally consistent and aligned with State and federal plans, goals, and policies.
Task Deliverables
Copy of the Request for Proposal
Copy of the contract between consultant and SBCAG (including copies of all amendments to the consultant contract)
Meeting notes from project kick-off with consultant
Task 1 Existing Conditions
The project team, consisting of SBCAG, City of Santa Maria, County of Santa Barbara, and Caltrans staff, as well as the cons ultant, will collaborate to gather resources and prepare the existing conditions report.
Sources of existing conditions are expected to come via advisory committee and stakeholder meetings, and initial public outreach. Data collection includes safety statistics and traffic counts, among others. The project team may need to work with Caltrans to gain encroachment permits to perform traffic counts.
Task 1 sub-tasks:
Review Plans and Studies
Review of previous plans and studies in the corridor.
Initial Outreach
Initial outreach to public, stakeholders, and advisory committee to address issues and concerns in the study area.
Data Collection
Collect necessary data to perform traffic modelling.
Task Deliverables
Summary of previous plans and studies
Data set: safety statistics, traffic counts, and other relevant data sources Existing Conditions Report – Summarizing the issues and deficiencies of the corridor
Task 2: Analysis
SR 135 Comprehensive Corridor Study will have three main areas of analysis, identified in separate sub tasks below:
Task 2 sub tasks:
Existing Conditions Analysis
Attachment B
SR 135 Comprehensive Corridor Study MOU between SBCAG and City of Santa Maria
Using the data collected in Task 1, the project team, working with the advisory committee and project stakeholders, will analyze existing conditions and identify existing transportation issues and areas of concern within the corridor.
Conduct Demographic Analysis
This study will incorporate economic and demographic forecasts in its planning strategies to consider the needs of present and future generations.
Develop Policies and Strategies
The Project Team will work with the advisory committee to develop a list of policies and strategies for transportation system improvements in the corridor, including considerations for active transportation and transit, including bus rapid transit. The policies and strategies will be applied to the issues of the corridor to identify a list of improvements that fit the needs of the community. The policies and strategies will come from what was gathered during the existing conditions analysis and initial outreach.
Project Management and Administration
• SBCAG will manage and administer the PROJECT according to the Grant Application Guidelines, Regional Planning Handbook, and the executed grant contract between Caltrans and the SBCAG.
Task Deliverables
Analysis of Existing Conditions
Demographic Analysis
List of the Study’s Policies and Strategies
Task 3: Public Outreach
Public outreach is a key component of the SR 135 Comprehensive Corridor Study. To effectively engage disadvantaged communities, the public outreach strategy will consider a wide range of means of gaining public input. The use of community -based organizations will be encouraged to reach disadvantaged and underserved communities. SBCAG will attempt to connect with organizations and community leaders connected to farmworkers, limited English populations, and active transportation users. In addition, the public outreach plan will be multilingual, to address language barriers and knowledge gaps among low- income households in the study area. This plan will also seek to engage the local business community.
The public process will consist of multiple outreach methods in the attempt to attract greater participation. These methods will be both in -person and virtual, including online surveys, flyers, a PROJECT website with space for public comments and feedback, a Story Map site, virtual presentations, at least 2 in - person presentations – one at the North end and one at the South end of the project area corridor. The initial virtual presentations will be to pres ent existing conditions and gain community input, and the in-person sessions will be to share draft concepts. All outreach materials will be developed in both English and Spanish languages, and a professional Spanish language interpreter will be available for all in-person and/or virtual presentations to the public. SBCAG and Santa Maria staff, along with the consultant, will assess early in the PROJECT whether additional linguistic outreach tools are needed.
Attachment B
SR 135 Comprehensive Corridor Study MOU between SBCAG and City of Santa Maria
The project team will conduct public outreach to gather input on the existing issues in the State Route 135 corridor and to present the study’s recommended improvements. There will be three opportunities for public input during this study, as follows:
Initial Public Outreach
Initial Public Outreach will be conducted virtually to identify the deficiencies and needs of users of the corridor. The initial outreach results will be included in the Existing Conditions Report (Task 1).
In-Person Public Workshop: Present Draft Study
The in-person public workshops will be an opportunity for members of the public and stakeholders to review the draft study, including the list of strategies and projects to address the issues identified in the corridor.
Following the public process, the consultant will prepare a summary of the public outreach process and the feedback received. The feedback will be included in the final study.
Redistribution of Final Draft
The final study will be redistributed for public review and will be shared directly with all individuals who attended prior public outreach efforts. This will ‘close -the-loop’ by allowing prior participants to confirm their initial comments were addressed in the final study and to allow further opportunity for public input.
Task Deliverables
Meeting Materials: PowerPoint Presentations, flyers, website announcements, sign-in sheets, community surveys, project website, conceptual drawings, bilingual services, receipts for light snacks (Caltrans approval required prior to purchase. No full meals) Summary of Public Engagement and Feedback
Task 4: Working Group Meetings
The PROEJCT will have a working group consisting of representatives of: the consultant team, SBCAG, City of Santa Maria, County of Santa Barbara, Caltrans, and potentially other stakeholders in the project area such as local business owners or other stakeholders. The working group will meet to guide overall progress during the development of the study. The working group is expected to meet at least monthly during the length of the project. Other meetings may be scheduled as needed. These meetings will provide opportunities to introduce the project, review findings and materials, gather input on existing conditions and issues, and discuss progress and draft recommendations. Feedback from the working group will play a critical role in refining the study prior to public outreach and final approval.
Task Deliverables
Meeting agendas, minutes, notes, materials, copies of all information for review.
Task 5: Draft and Final Study
Using prior analysis, existing conditions and public input will be utilized to develop a list of strategies, policies and projects that can be implemented to address issues of the corridor. The list shall include implementation cost estimate (low, medium, high) as well as categorization by issue type (safety, circulation, etc.), priority level, and agency responsible for implementation. The draft SR 135 Comprehensive Corridor study will be presented to the project working group, project stakeholders, the p ublic, and SBCAG’s Technical Attachment B
SR 135 Comprehensive Corridor Study MOU between SBCAG and City of Santa Maria
Transportation Advisory Committee (TTAC). Following input, the final SR 135 Comprehensive Corridor study will be presented to the SBCAG Bord of Directors for adoption and applicable California Environmental Quality Act (CEQA) review.
Task Deliverables
List of study recommendations
Draft: State Route 135 Comprehensive Corridor Study
List of all comments received during review process, including public input Final: State Route 135 Comprehensive Corridor Study
Preparation of CEQA documentation
Task 6: Board Review/Approval
SBCAG staff and/or the project consultant will present the SR 135 Comprehensive Corridor study to the SBCAG Board of Directors seeking approval.
Task Deliverables
Board Agenda, presentation materials, meeting minutes, and CEQA.
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Attachment B
SR 135 Comprehensive Corridor Study MOU between SBCAG and City of Santa Maria
EXHIBIT B
INDEMNIFICATION, NON-PARTNERSHIP, INSURANCE
1. Indemnification
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the PARTIES pursuant to California Government Code Section 895.6, the PARTIES agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the PARTIES agree that pursuant to California Government Code Section 895.4, each of the PARTIES hereto shall fully indemnify and hold each of the other parties, its officers, board members, employee and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by California Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this MOU. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occ urring by reason of the negligent acts or omissions or willful misconduct of other parties hereto, their officers, board members, employees, or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this MOU.
2. Notification of Accidents and Survival Indemnification Provisions PARTIES shall notify the other PARTY immediately in the event of any accident or injury arising out of or in connection with this MOU. The indemnification in this MOU shall survive any expiration or termination of this MOU.
3. Non-Partnership
This MOU is not intended by the PARTIES to constitute or create a joint venture, pooling arrangement, or formal business organization of any kind. The rights and obligations of the PARTIES shall be only those expressly set forth herein.
4. Insurance
Each PARTY shall maintain its own insurance coverage, through commercial insurance, self - insurance or a combination thereof, against any claim, expense, cost, damage, or liability arising out of the performance of its responsibilities pursuant to this MOU.
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Attachment B