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Home My WebLink AboutORANGE COUNTY TRANSPORTATION AUTHORITY - OCTA - GO LOCAL PROJECT - 2006-10-02 1 AMENDMENT NO. 1 TO 2 COOPERATIVE AGREEMENT NO. C-6-0801 3 BETWEEN 4 ORANGE COUNTY TRANSPORTATION AUTHORITY 5 AND 6 CITY OF HUNTINGTON BEACH 7 THIS AMENDMENT NO. 1 is effective as of this day of_ lex2008, by and 8 between the Orange County Transportation Authority, (hereinafter referred to as "AUTHORITY") and 9 the City of Huntington Beach, (hereinafter referred to as "CITY"). 10 WITNESSETH: 11 WHEREAS, by Cooperative Agreement No. C-6-0801 dated February 26, 2007, AUTHORITY 12 and CITY entered into a cooperative agreement to work as partners to develop a community-based 13 transit vision that increases use of Metrolink by Huntington Beach residents, visitors and/or employees; 14 and 15 WHEREAS, both parties agree to extend the term of the cooperative agreement and establish a 16 deadline for receipt of proposals for GO LOCAL Step One at no increase in the maximum cumulative 17 payment obligation; and 18 WHEREAS, AUTHORITY's Board of Directors has reviewed and approved the issuance of this 19 Amendment on November 26, 2007; 20 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that 21 Agreement No. C-6-0801 is hereby amended in the following particulars only: 22 1. Amend ARTICLE 4. RESPONSIBILITIES OF CITY, Page 5 of 13, to add as follows: 23 "H. Commencement of Work — CITY shall commence Step One no later than March 1, 24 2008.,, 25 2. Amend ARTICLE 9. ADDITIONAL PROVISIONS, Page 7 of 13, to delete "December 31, 26 2007" as the term of the cooperative agreement and in lieu thereof insert"June 30, 2008". C:\DOCUMENTS AND SETTINGS\STACHELB\LOCAL SETTINGSUEMPORARY INTERNET FILES\OLK961AM160801(2).DOC Page 1 of 2 I a AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-6-0801 1 The balance of said Agreement remains unchanged. 2 Upon execution this Amendment No. 1 shall be made effective on January 1, 2008. 3 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to 4 Cooperative Agreement No. C-6-0801 to be executed on the effective date above written. 5 CITY OF H TINGTON BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY 6 a F ;'y-#* 8 Fred Wilson Arthur T. Leahy City Administrator Chief Executive Officer 9 10 ATTEST: APPROVED AS TO FORM: 11 12 c'gY 13 Jo n Flynn Kennard R. Smart, Jr. 14 Cit Clerk General Counsel 15 APPROVED AS TO FORM: APPROVAL RECOM E' . 16 17f 18 Jennifer McGrath Kia Mortazavi 19 City Attorney Executive Director Development 20 21 22 23 24 25 26 C:\DOCUMENTS AND SETTINGS\STACHELB\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKWAM160801(2).DOC Page 2of2 I AMENDMENT NO. 2 TO 2 COOPERATIVE AGREEMENT NO. C-6-0801 3 BETWEEN 4 ORANGE COUNTY TRANSPORTATION AUTHORITY 5 AND 6 CITY OF HUNTINGTON BEACH 7 THIS AMENDMENT NO. 2 is effective as of this day of 2008, by and 8 between the Orange County Transportation Authority, (hereinafter referred to as "AUTHORITY") and 9 the City of Huntington Beach, (hereinafter referred to as "CITY"). 10 WITNESSETH: 11 WHEREAS, by Cooperative Agreement No. C-6-0801 dated February 26, 2007, AUTHORITY 12 and CITY entered into a cooperative agreement to work as partners to develop a community-based 13 transit vision that increases use of Metrolink by Huntington Beach residents, visitors and/or employees; 14 and 15 WHEREAS, CITY has requested, and AUTHORITY has agreed, to revise the Project Concept 16 delineated in EXHIBIT A at no increase in the maximum cumulative payment obligation; and 17 WHEREAS, AUTHORITY's Board of Directors authorized AUTHORITY's Chief Executive 18 Officer to execute this Amendment No. 2 on March 10, 2008; 19 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that 20 Agreement No. C-6-0801 is hereby amended in the following particulars only: !, 21 1. Delete EXHIBIT A, entitled "STEP ONE PROJECT CONCEPT" in its entirety and replace 22 with the attached EXHIBIT A, entitled "STEP ONE PROJECT CONCEPT". 23 The balance of said Agreement remains unchanged. 24 / 25 / 26 / L:\CAMM\CL ERICAL\C LERICAL\CLE RICAL\WORD PROC\AG REE\AM END\AM260801.DOG Page 1 of 2 i AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO. C-6-0801 1 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to 2 Cooperative Agreement No. C-6-0801 to be executed on the effective date above written. 3 CITY OF HUNTINGTON BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY 4 n 5 6 Fred A. Wilson Arthur T. Leahy 7 City Administrator Chief Executive Officer 8 9 ATTEST: APPROVED AS TO FORM: 10 11 By 12 JeanFlynn Kennard R. Smart, Jr. General Counsel 13 14 APPROVED AS TO FORM: APPROVAL RECOM 15 16 By a' � f��_ y 17 tA'Jennifer McGrath Kia Mortazavi City Attorney Executive Director 18 Development 19 20 21 22 23 24 25 26 --- l� LACAMM\CLERICAUCLERI CAUCLE RICAUWORDPROC\AGREEW ME N D\AM260801.DOC Page 2 of 2 ........ EXHIBIT A Amendment No. 2 Agreement No. C-6-0801 STEP ONE,PROJECT CONCEPT To qualify for funds your city project must focus on assessing ways to provide transit connections to Metrolink. Complete the Project Concept, and return with a signed Cooperative A reement. A. Study Type Project Concept assessments can cover or study any of the following topics. Please review the descriptions below and indicate the type of analysis you expect to perform by placing an (x) next to one (or more)of the following: Needs Assessments What are the transit needs? Identify populations, congestion areas, etc. Coordinating Transit and Land Use How can a transit project support your city's land use planning policies/projects and vice versa? Route Planning Existing data has identified activity centers, populations or congestion hot spots which warrant transit service. What are possible routes and types of transit? Public policy/Public Support Does the community support transit as evidenced by land use designations and the commitment of local stakeholders? Project Concepts Does the city have one or more general transit concepts which it would like to explore more fully in a detailed technical analysis? Make your own case Is there a concept that addresses a need in your city that you would like the Board of Directors to consider? Is this need consistent with the Measure M requirements that funds be spent on transit-related purposes to extend the reach of Metrolink? EXHIBIT A Amendment No. 2 Agreement No. C-6-0801 B. Project Overview The Cities of Westminster, Huntington Beach, Stanton and Fountain Valley (led by Westminster) propose to use GO LOCAL funding allocated by the Orange County Transportation Authority (OCTA). The funding will be used to conduct a needs analysis and feeder service transit connection study related to the implementation of local circulation routes to improve local mobility and regional connectivity. The study will .utilize the existing infrastructure to the largest degree possible with the exception of the Hoover Street corridor. It will incorporate public input to both transit and non-transit users, and identify possible transit alternatives exploring all available modes and technologies. The proposed transit alternatives could also provide transportation for commuters and for visitors who utilize Metrolink. The main route is envisioned to be in the north-south direction with future east-west links._ Key targets may include the beach, The Boeing Company, Westminster Mall, Little Saigon, Bella Terra, and other regional attractions within the study area. The cities see the transit feeder as an integral component of the local transportation network as it would expand the opportunities for mobility, alleviate traffic congestion, and enhance the overall quality of life for residents and businesses. The City of Westminster, as the lead agency, will secure the services of a professional transit consulting firm to conduct the necessary studies and analysis. It is anticipated that the study will take several months to complete and will result in the development of a master plan for local transit service. Such plan will be consistent with the OCTA and the Team's objectives to provide local connections to Metrolink, and improve access and availability of transportation to residents. See attached map illustrating the Metrolink Orange County Line and stations. C. Project Overview The City of.Westminster agrees to lead the effort required to research, analyze and produce a final report based on the above concept. Such efforts include coordinating the performance of work; day-to-day management; hiring, managing and reimbursing any outside consultants to conduct the required studies; and facilitating team meetings. The partnering cities will include Huntington Beach, Stanton and Fountain Valley. The participating Cities agree to allocate the following portion of their OCTA Go Local Funding to the City of Westminster, as the Lead Agency, for use in completing the necessary reports and studies as follows. Westminster(Lead Agency) $100,000 Huntington Beach $100,000 Stanton $100,000 Fountain Valley $100,000 Total Go Local Money $400,000 EXHIBIT A ... 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Wf.4:V bf y. / 'r 3 Si CWa VANWM.DUNrvJ W. g G aA:J a +YFo ta fl ` �g s+++nul*i y taMfri rJ.;R R. Fl Y � £ �� 'btV4fX+WME1' � M .'• _ � �a .„A-�iiT.+r �`.. A•1aa1F s 3! � t DC ��K1r,Z/ � �Hi �3: i NRML`tin y`� A f` �. •' N 1 aR ,'o`�(�M1^-'rs�s a SV-Ar` COSTA f:lCliH(Sy ? :F?�rH:'ly1AY t:J!Y - C�rYF \. 'V501�i� V o �-ClR�MsBivc�FA+Pv'"'�" W'WE ti11.+F45.ry 'a I n :V/IMf:!Wi WSLfW 1#W PORT SLY WVNFRS!ry Gi MESA ' RaF.rr S7 w a0 T''J5 Qa 2.l{OtOGICAt �- ."M'o C•wFw'w HUMEN[rrvrn• '�� / SERVE Metrolink Orange County Line & Stations Vfl oCITa AFFILIATED AGENCIES I January 9, 2009 Orange County Transit District Local Transportation Ms. Joan Flynn Service Authority for City Clerk Freeway Emergencies City of Huntington Beach Consolidated Transportation 2000 Main Street Service Agency Huntington Beach, CA 92648 Congestion Management Agency SUBJECT: OCTA'S AMENDMENT NO. 1 & AMENDMENT NO. 2 TO Service Authority for AGREEMENT NO. C-6-0801 Abandoned Vehicles Dear Ms. Flynn: Enclosed please find one copy of the above referenced items for your records. Should you have any contractual related questions, please feel free to contact Robert Sechler at (714) 560-5568 or by e-mail at rsechler@octa.net. Sincerely, Julie Smith Office Specialist Contract Administration and Materials Management Enclosure(s) Orange County Transportation Authority 550 South Main Street/P.O.Box 14184/Orange/California 92863-1584/(714)560-OCTA(6282) 1 1 COOPERATIVE AGREEMENT NO. C- 6-0801 2 BETWEEN 3 ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 CITY OF HUNTINGTON BEACH 6 FOR 7 CITY-INITIATED TRANSIT EXTENSIONS TO METR ,LIN 8 THIS AGREEMENT is made and entered into this day of . 9 2006, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. 10 Box 14184, Orange, California 92863-1584, a public corporation of the State of California 1t (hereinafter referred to as "AUTHORITY"), acting on behalf of the Orange County Local 12 Transportation Authority, and the City of Huntington Beach, 2000 Main Street, Huntington Beach, 13 California, 92648, a municipal corporation and charter city duly organized and existing under the 14 constitution and laws of the State of California (hereinafter referred to as "CITY"). 15 RECITALS: 16 WHEREAS, AUTHORITY considers its railroad lines linking Los Angeles and San Diego 17 Counties and the Inland Empire to be the core of Orange County's future rail transit system; and 18 WHEREAS, CITY and AUTHORITY wish to work as partners to develop a community-based 19 transit vision that increases use of Metrolink by Huntington Beach residents, visitors, and/or 20 employees; and 21 WHEREAS, the funds allocated through this program must comply with the 1990 Measure M 22 ordinance which states in part that the intent is to provide matching funds to encourage development 23 of extensions to major activity centers and providing access between the primary rail system and 24 employment centers; and 25 WHEREAS, CITY is encouraged to enter into written agreements with other cities to 26 collaborate in some or all facets of a planning and needs assessment to support this vision; and Page 1 of 13 AGREEMENT C-6-0801 1 WHEREAS, Measure M funds have been designated for cities to study ways to accomplish 2 this; and 3 WHEREAS, CITY will develop a proposed Project Concept (further defined hereunder) which 4 will factor in, among other elements, community interests and desires; and 5 WHEREAS, the AUTHORITY's Board of Directors on February 27, 2006, allocated Measure 6 M funds to a program designed to enable cities that wish to develop a local transit vision including 7 defined enhancements and transit extensions to Metrolink that work best with their local s community's short and long-term priorities (hereinafter referred to as "GO LOCAL Step 1"); and 9 WHEREAS, CITY has completed the GO LOCAL Step 1 Project Concept form, and 10 AUTHORITY has found such concept acceptable; and 11 WHEREAS, CITY, upon AUTHORITY's execution of this Agreement, will pursue the Project 12 Concept; and 13 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as 14 follows: 15 ARTICLE 1. COMPLETE AGREEMENT 16 This Agreement, including all exhibits and documents incorporated herein and made 17 applicable by reference, constitutes the complete and exclusive statement of the terms and is conditions of the agreement between AUTHORITY and CITY concerning the GO LOCAL Step 1 19 work and supersedes all prior representations, understandings and communications between the 20 parties. The invalidity in whole or part of any term or condition of this Agreement shall not affect the 21 validity of the other terms or conditions. 22 / 23 / 24 / 25 / 26 / Page 2 of 13 AGREEMENT C-6-0801 I ARTICLE 2. SCOPE 2 A. This Agreement specifies the procedures that AUTHORITY and CITY will follow in 3 connection with the GO LOCAL Step 1 work to be performed. CITY agrees to provide all services 4 identified in Project Concept, identified herein as Exhibit A to this Agreement. Both AUTHORITY 5 and CITY agree that each will cooperate and coordinate with the other in all activities covered by this 6 Agreement and any other supplemental agreements. 7 B. AUTHORITY's failure to insist upon CITY's performance of any terms or conditions of s this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such 9 performance or to future performance of such terms or conditions and CITY's obligation in respect to 10 performance shall continue in full force and effect. 11 C. Changes to any portion of this Agreement shall not be binding upon AUTHORITY 12 unless confirmed in writing by an authorized representative of AUTHORITY by way of a written 13 amendment to this Agreement and issued in accordance with the provisions of this Agreement. 14 ARTICLE 3. RESPONSIBILITES OF AUTHORITY 15 AUTHORITY agrees to the following responsibilities for the GO LOCAL Step 1 work: 16 A. Payment- AUTHORITY shall pay CITY the amount identified in Article 5. PAYMENT, 17 for the GO LOCAL Step 1 work within 30 days of receipt of acceptable invoice. Funds will not be is distributed to CITY if AUTHORITY has not accepted CITY's Project Concept. CITY may resubmit an 19 amended Project Concept for review by AUTHORITY. AUTHORITY has the sole and exclusive right 20 to accept or reject any Project Concept. 21 B. Should CITY not complete the services identified in Exhibit A, or does not meet the 22 terms and conditions of this Agreement, the CITY will return to AUTHORITY all monies funded to the 23 CITY within sixty (60) days of AUTHORITY's written demand. 24 25 I 26 Page 3 of 13 AGREEMENT C-6-0801 1 C. Additional Funding- Funding beyond what has been identified in Article 5. 2 PAYMENT, shall be pursuant to a competitive process for projects initiated by AUTHORITY at a 3 date to be determined. AUTHORITY does not guarantee that CITY will be selected to advance to 4 the any future step in the GO LOCAL process. s ARTICLE 4. RESPONSIBILITIES OF CITY 6 CITY agrees to the following responsibilities for GO LOCAL Step 1 work: 7 A. Lead Agency- CITY will act as the lead agency for the GO LOCAL Step 1 work. s However, CITY may designate pursuant to a written partnership letter of agreement that another city 9 participating in the GO LOCAL program is serving as lead agency. AUTHORITY shall be provided a 10 copy of this letter within ten (10) days after the agreement has been executed. ii B. Third Party Partnerships- CITY is encouraged to collaborate with and enter into written 12 agreements with adjacent cities to advance the project consistent with the Project Concept. CITY shall 13 deliver to AUTHORITY a copy of each executed agreement within ten (10)days of execution. 14 C. Project Reporting- Within six months from the receipt of funds, CITY shall submit to is AUTHORITY a progress report similar to that detailed in Exhibit B, entitled "GO LOCAL Initial 16 Progress Report," attached to and, by this reference, incorporated in and made part of this 17 Agreement. CITY shall be required to produce a final written report of its findings, is recommendations, and next steps according to a mutually agreed upon date, but no later than the 19 completion date of this Agreement. The Final Report will include the elements described in Exhibit 20 C, entitled "GO LOCAL Project Concept Final Report Outline." Exhibit C is attached to and, by this 21 reference, incorporated in and made part of this Agreement. 22 D. Use Of Funding- CITY shall use funding provided by AUTHORITY exclusively for the 23 services identified in Exhibit A. All funding released to CITY shall be spent in accordance with Local 24 Transportation Ordinance Number 2: The Revised Orange County Traffic Improvement and Growth 25 Management Ordinance. If CITY fails to develop and/or pursue the Project Concept in accordance 26 with said Ordinance, or the CITY uses the Funds to support or facilitate acquisition of property Page 4 of 13 AGREEMENT C-6-0801 1 through eminent domain or as matching funds to implement land development, all monies funded to 2 the CITY shall be returned to AUTHORITY within sixty (60) days of AUTHORITY's written demand. 3 AUTHORITY shall have sole discretion in determining whether the Project Concept has been 4 developed and/or pursued in accordance with said Ordinance. AUTHORITY may terminate this 5 Agreement, in whole or part, if the AUTHORITY determines in its sole discretion that CITY has 6 utilized funds in a manner leading to use of eminent domain powers. Upon AUTHORITY's 7 determination and written request, CITY shall return all monies in accordance with this Article. s E. Third Party Work- CITY shall deliver to AUTHORITY a copy of each executed 9 agreement and scope of work for services to be performed by third parties in fulfillment of the Project 10 Concept within thirty (30) days after the agreement has been executed. ii F. Conduct- CITY shall conduct all of its activities in association with GO LOCAL Step 1 12 in a good and competent and professional manner and in compliance with all applicable federal, 13 state and local rules and regulations. 14 G. Modeling—CITY shall utilize existing AUTHORITY modeling results to ensure that 15 project results are compatible with AUTHORITY planning efforts. AUTHORITY shall make modeling 16 available. 17 ARTICLE 5. PAYMENT 18 A. For CITY's full and complete performance of its obligations under this Agreement and 19 subject to the maximum cumulative payment obligation provisions set forth in this Agreement, 20 AUTHORITY shall pay CITY the not to exceed lump sum amount of One Hundred Thousand Dollars 21 ($100,000.00) within thirty (30) days after execution of this Agreement and upon receipt of 22 acceptable invoice. 23 / 24 / 25 / 26 / Page 5 of 13 AGREEMENT C-6-0801 i B. As a supplement to the Final Report, CITY shall submit to AUTHORITY a Project 2 Expenditures Certification, as detailed in Exhibit D, which is attached to this Agreement, and 3 incorporated by reference, for work performed under this Agreement. The Certification shall include, 4 but not be limited to, period of performance, actual expenses; classification, hours and rates of in- s house personnel, vendors, contractors, for work performed exclusively for the GO LOCAL Step 1 6 phase. Additionally, CITY may be required to submit this information to the AUTHORITY at any time 7 during the performance of this Agreement. CITY will be required to submit to AUTHORITY all a information requested within thirty (30) days from AUTHORITY's request. 9 ARTICLE 6. MAXIMUM OBLIGATION 10 Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY ii agree that AUTHORITY's maximum cumulative payment obligation hereunder (including CITY's 12 direct and indirect costs) shall be One Hundred Thousand Dollars ($100,000.00) which shall include 13 all amounts payable incurred solely for the purposes of the GO LOCAL Step 1 work. 14 ARTICLE 7. AUDIT AND INSPECTION 15 CITY shall maintain a complete set of records in accordance with generally accepted 16 accounting principles and in accordance with Local Transportation Ordinance Number 2: The 17 Revised Traffic Improvement and Growth Management Ordinance. The original records shall be is maintained within the CITY limits. Upon reasonable notice, CITY shall permit the authorized 19 representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts 20 and other data and records of CITY for a period of not less than four (4) years after final payment, or 21 until any on-going audit is completed whichever is longer. For purposes of audit, the date of 22 completion of this Agreement shall be the date of AUTHORITY's payment for CITY's final billing (so 23 noted on the invoice) under this Agreement. AUTHORITY shall also have the right to reproduce any 24 documents related to this Agreement by whatever means necessary. 25 / 26 / Page 6 of 13 AGREEMENT C-6-0801 1 ARTICLE 8. INDEMNIFICATION 2 CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees and 3 agents from and against any and all claims (including attorney's fees and reasonable expenses for 4 litigation or settlement) for any loss or damages, bodily injuries, including death, worker's 5 compensation subrogation claims, damage to or loss of use of property caused by the negligent 6 acts, omissions or willful misconduct by CITY, its officers, directors, employees or agents in 7 connection with or arising out of the performance of this Agreement. s ARTICLE 9. ADDITIONAL PROVISIONS: 9 The AUTHORITY and CITY agree to the following mutual responsibilities: 10 A. Term of Agreement- This Agreement shall continue in full force and effect through ti December 31, 2007, unless terminated by mutual written consent by both Parties. The term of this 12 Agreement may only be extended upon mutual written agreement by both Parties. 13 B. Termination-The AUTHORITY may terminate this Agreement for its convenience any 14 time, in whole or part, by giving CITY written notice thereof. 15 C. Modifications- This Agreement may be amended in writing at any time by the mutual 16 consent of both Parties. No amendment shall have any force or effect unless executed in writing by 17 both AUTHORITY and CITY. is D. Legal Authority- AUTHORITY and CITY hereto warrant that they are duly authorized 19 to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the 20 Parties hereto are formally bound to the provisions of this Agreement. 21 E. Notices- Any notices, requests or demands made between the parties pursuant to 22 this Agreement are to be directed as followed: 23 / 24 / 25 I 26 / Page 7 of 13 AGREEMENT C-6-0801 i To CITY: To AUTHORITY: 2 City of Huntington Beach Orange County Transportation Authority 3 2000 Main Street 550 South Main Street 4 P.O. Box 190 P. O. Box 14184 s Huntington Beach, CA 92648 Orange, CA 92863-1584 6 ATTENTION: Bob Stachelski, Attention: Kathleen Murphy-Perez, 7 Transportation Manager Section Manager, Capital Projects s (714/536-5523) (714/560-5743); kperez@octa.net 9 dstachelski@surfcity-hb.org c: Paul Taylor, Executive Director, io c: David Webb, Deputy Director of Development Division 11 Public Works 12 F. Severability- If any term, provision, covenant or condition of this Agreement is held to 13 be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the 14 remainder to this Agreement shall not be affected thereby, and each term, provision, covenant or 15 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 16 G. Counterparts of Agreement- This Agreement may be executed and delivered in any 17 number of counterparts, each of which, when executed and delivered shall be deemed an original Is and all of which together shall constitute the same agreement. Facsimile signatures will be 19 permitted. 20 H. Force Maieure- Either Party shall be excused from performing its obligations under this 21 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable 22 cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; 23 commandeering of material, products, plants or facilities by the federal, state or local government; 24 national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of 25 such cause is presented to the other Party, and provided further that such nonperformance is 26 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. Page 8 of 13 AGREEMENT C-6-0801 1 I. Assignment- Neither this Agreement, nor any of a Party's rights, obligations, duties, or 2 authority hereunder may be assigned in whole or in part by either Party without the prior written consent 3 of the other Party. Any such attempt of assignment shall be deemed void and of no force and effect. 4 Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the s waiver of any right to consent to such subsequent assignment. 6 J. Obligations Comply with Law- Nothing herein shall be deemed nor construed to 7 authorize or require any Party to issue bonds, notes or other evidences of indebtedness under terms, in 8 amounts, or for purposes other than as authorized by local, State or Federal law. 9 K. Governing Law- The laws of the State of California and applicable Federal, State, local 10 laws, regulations and guidelines shall govern hereunder. 11 This Agreement shall be made effective upon execution by both parties. 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-6-0801 to be 13 executed on the date first above written. 14 CITY HUNTINGTON BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY 1s � By: By: 14C.) 040, 16 Penelop Culbreth Gfaatth- Arthur T. Le y 17 City Administrator Chief Executive Officer 18 ATTEST: APPROVED AS TO FORM: 19 By: 20 Jo Flynn Kennard R. Smart, Jr. C' Clerk General Counsel 21 APPROVED AS TO FORM: 22 fy_ _ By' ROVA RE MMENDED: 23 Y;nfMrath i�s�a� ��,� City Attorney By: 24 Paul Taylor, EWc ive birector 2s Development Division 26 Dated: Page 9 of 13 .`.�tiija'Y��s��i��M. :)c`�'�!x��•3"y�t��,i�.l,. ^;�.•<„�.,. iv..._�..,*,urrc"nsa �.xr,r..:.x. -, y,. �.'�;*.. ^rtt,. ,rw.�Ke•s.•;.. � ^K, ,->,a,-F" i�.r.^ w ;;�;' 1 ii 7 STEP ONE PROJECT CONCEPT To qualify for funds, your city project must focus on assessing ways to provide transit connections to Metrolink. Complete the Project Concept, and return with a signed Cooperative A reement. A. Study Type Project Concept assessments can cover or study any of the following topics. Please review the descriptions below and indicate the type of analysis you expect to perform by placing an (x) next to one (or more) of the following: XX needs Assessments — What are the transit needs? Identify populations, congestion areas, etc. Coordinating Transit and Land Use How can a transit project support your city's land use planning policies/projects and vice versa? _XX_ Route Planning Existing data has identified activity centers, populations or congestion hot spots which warrant transit service. What are possible routes and types of transit? Public policy/public support Does the community support transit as evidenced by land use designations and the commitment of local stakeholders? _XX_Project Concepts Does the city have one or more general transit concepts which it would like to explore more fully in a detailed technical analysis? Make your own case Is there a concept that addresses a need in your city that you would like the Board of Directors to consider? Is this need consistent with the Measure M requirements that funds be spent on transit-related purposes to extend the reach of Metrolink? B. Project Overview The City of Huntington Beach (serving as the lead agency) in cooperation with the Cities of Westminster, Stanton, Garden Grove and Anaheim desire to conduct, manage, and oversee a Project Concept study to analyze potential development of a transit system extending from the Anaheim Metrolink Station, through the cities of Anaheim, Stanton, Go Local Page 2 Garden Grove, Westminster and Huntington Beach. We believe this corridor offers significant potential to provide a new alternative for regional travel and will help alleviate freeway and arterial congestion, improve air quality and, in general, improve the mobility and quality of life for residents, businesses and visitors of West/Central Orange County. More specifically, the Project Concept Study will include utilitizing base data from the West Orange County Project Definition Study (June 2003) as well as gather any necessary additional data to prepare a Needs Assessment and Route Planning report that identifies ridership potential (commuter, daily business, tourist, leisure, other) for new transit service that could utilize an approximately 18-mile length of existing, active railroad right-of-way corridor, or other potential parallel route through the western- central portions of Orange County. It is anticipated that this study will evaluate many factors that influence ridership projections including demographics, employment and destination centers, potential station locations, vehicle travel time, primary mode of transit, system construction cost, cost per trip determination as well as preliminay review and analysis of other potential transit extensions to key destinations for future study. The existing rail line corridor begins just west of the intersection of State College Boulevard and the Metrolink line, extending westerly and then southerly to approximately the intersection of Ellis Avenue and Gothard Street in the City of Huntington Beach. The rail line and right-of-way is currently owned and operated by the Union Pacific Railroad. In Anaheim, in addition to the existing active railroad right-of-way, the study will also analyze connecting the route at a major transfer center to other possible routes to be determined through a separate Go Local Transit Study that is being initiated by the City of Anaheim that would continue the line from the Disneyland Hotel area to the Anaheim Metrolink Station. In Huntington Beach, the study will analyze and review several possible routes to continue the line from the Ellis Avenue and Gothard Street intersection area to the Huntington City Beach area. The study will also consider the current and future potential for the use of one existing spur off of the same rail line. This is a semi-active US Navy line that branches off the mainline near the 1-405 Freeway and travels westerly approximately 4 miles passed the Westminister Mall to the Boeing Industrial Center off Bolsa Chica Street. In addition to looking at the possibility of running transit service on the existing tracks, the study will also review alternative modes and alignments that could operate within the same general corridor, but not necessarily using the existing freight tracks or right-of-way. The proposed corridor offers substantial ridership opportunities due to potential to draw from the large numbers of residential units close to the route as well as a wide range of key destinations along the route. Some of the destination links include the existing iVletrolink services in Orange County, the Disneyland Resort area, Anaheim Convention Center, Anaheim Stadium, many high-rise office buildings and employment concentrations, shopping centers and regional malls, a regional bus center and several major bus routes, Golden West College, three freeway crossings, several major hotels, and beach recreational opportunities. There are also several existing potential line extensions, should a backbone system be developed in this corridor. Additionally, this Go Local Page 3 corridor offers substantial opportunities for development/redevelopment of transit- oriented properties along the corridor within each of the participating agencies. The variety of destinations and source populations along this route may equate to an exceptionally successful Metrolink connection, with substantial ridership even during non-peak commuter periods. C. Partners Please find attached, signed letters of participation from the Cities of Anaheim, Stanton, Garden Grove and Westminster. In summary, the City of Huntington Beach agrees to lead this study based on the above project concept, including coordinating the work effort, day-to-day management, hiring and managing any outside design consultants to conduct the required studies, invoicing, and hosting team meetings. Our partnering Cities, to the degree possible, agree to work together with the other partnering agencies and participate in reviewing proposal scope, consultant selection, attending team meetings and reviewing reports and/or studies produced as a result of this effort. Additionally, the five participating Cities agree to allocate the following portion of their OCTA Go Local Funding to the City of Huntington Beach, as Lead Agency, for use in completing the necessary reports and studies as follows: Huntington Beach (Lead Agency) $100,000 Anaheim $0 Stanton $50,000 Garden Grove $100,000 Westminster $100,000 Go Local Page 4 Corridor Exhibit a 1 !r E,. Fc Tt,'at i t� i 1 AGREEMENT C-6-0801 Sf EXHIBIT B PROJECT CONCEPT SIX-MONTH PROGRESS REPORT City/Date: Prepared By A. Project Overview Progress Report Please include a 200-300 word description of progress to date. To the extent possible, you should describe what you are working on, your methodology, key staff and/or stakeholders, and any preliminary results. B. Project Resources Please indicate all that apply: ♦ We've been utilizing consultants (Name(s): ♦ We've been doing some or all of the work in-house ♦ We have partnerships with: (Include if not listed in Exhibit A) C. Financial Report Percentage of funding Committed Expended We foresee obstacles to completion with funding. No Yes If yes, please explain in attachment: Return to: Jeanne Spinner-LaMar, Manager, Local Initiative 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Page 11 of 13 11/1/2006 AGREEMENT C-6-0801 y EXHIBIT C PROJECT CONCEPT FINAL REPORT OUTLINE At the conclusion of Project Concept work, all cities will submit a Final Report within days utilizing the outline below. Sections Five and Six below will constitute your proposal for the next phase of work. 1. Summary of Project (1 page) 2. Study Questions (1 page) 3. Methodology Used (1 page) 4. Results (3-5 pages) Report against the Evaluation Criteria, i.e. financial considerations, community factors, transportation benefit. 5. Findings (4-5 pages) Your analysis of the results 6. Next Steps (5-7 pages) Identify: ■ what you wish to do next, ■ the methods you would use, ■ the staff, resources, and time you would need, ■ what you would expect to determine, and ■ the budget, your agency contribution, any partnerships and their contributions. Return to: Jeanne Spinner-La Mar, Manager, Local Initiatives 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Page 12 of 13 11/1/2006 AGREEMENT C-6-0801 EXHIBIT D NONNIa� . iw' fix;,. PROJECT CONCEPT Project Expenditures Certification SAMPLE Consultant Contract Cost,' In-house Total hours charged to C 3 TOTAL Number CoIdAh'A' Labor project x fully burdened C f �B. add A & B hourly rate ' ABC 001 25,n, } Sr. 500 hours x $85/hr50Ct Planner XYZ 002 300'0 Admin 100 x$25/hr ,50Q A st. 5�=a00" "UOtI 100,000 I hereby certify that the above is a true and correct statement of the work performed and costs incurred on the Project Concept. Date Signed Title Return to: Jeanne Spinner-LaMar, Manager, Local Initiative 550 South Main Street P.O. Box 14184 Orange, CA 92863-15 Page 13 of 13 11/1/2006 1 COOPERATIVE AGREEMENT NO. C- 6-0801 2 BETWEEN 3 ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 CITY OF HUNTINGTON BEACH 6 FOR 7 CITY-INITIATED TRANSIT EXTENSIONS TO METROLINK 8 THIS AGREEMENT is made and entered into this gg day of �e 9 2006, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. 10 Box 14184, Orange, California 92863-1584, a public corporation of the State of California 11 (hereinafter referred to as "AUTHORITY"), acting on behalf of the Orange County Local 12 Transportation Authority, and the City of Huntington Beach, 2000 Main Street, Huntington Beach, 13 California, 92648, a municipal corporation and charter city duly organized and existing under the 14 constitution and laws of the State of California (hereinafter referred to as "CITY"). 15 RECITALS: 16 WHEREAS, AUTHORITY considers its railroad lines linking Los Angeles and San Diego 17 Counties and the Inland Empire to be the core of Orange County's future rail transit system; and 18 WHEREAS, CITY and AUTHORITY wish to work as partners to develop a community-based 19 transit vision that increases use of Metrolink by Huntington Beach residents, visitors, and/or 20 employees; and 21 WHEREAS, the funds allocated through this program must comply with the 1990 Measure M 22 ordinance which states in part that the intent is to provide matching funds to encourage development 23 of extensions to major activity centers and providing access between the primary rail system and 24 employment centers; and 25 WHEREAS, CITY is encouraged to enter into written agreements with other cities to 26 collaborate in some or all facets of a planning and needs assessment to support this vision; and Page 1 of 13 AGREEMENT C-6-0801 i WHEREAS, Measure M funds have been designated for cities to study ways to accomplish 2 this; and 3 WHEREAS, CITY will develop a proposed Project Concept (further defined hereunder) which 4 will factor in, among other elements, community interests and desires; and 5 WHEREAS, the AUTHORITY's Board of Directors on February 27, 2006, allocated Measure 6 M funds to a program designed to enable cities that wish to develop a local transit vision including 7 defined enhancements and transit extensions to Metrolink that work best with their local 8 community's short and long-term priorities (hereinafter referred to as "GO LOCAL Step 1"); and 9 WHEREAS, CITY has completed the GO LOCAL Step 1 Project Concept form, and 10 AUTHORITY has found such concept acceptable; and ii WHEREAS, CITY, upon AUTHORITY's execution of this Agreement, will pursue the Project 12 Concept; and 13 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as 14 follows: 15 ARTICLE 1. COMPLETE AGREEMENT 16 This Agreement, including all exhibits and documents incorporated herein and made 17 applicable by reference, constitutes the complete and exclusive statement of the terms and 18 conditions of the agreement between AUTHORITY and CITY concerning the GO LOCAL Step 1 19 work and supersedes all prior representations, understandings and communications between the 20 parties. The invalidity in whole or part of any term or condition of this Agreement shall not affect the 21 validity of the other terms or conditions. 22 / 23 / 24 / 25 / 26 / Page 2 of 13 AGREEMENT C-6-0801 i ARTICLE 2. SCOPE 2 A. This Agreement specifies the procedures that AUTHORITY and CITY will follow in 3 connection with the GO LOCAL Step 1 work to be performed. CITY agrees to provide all services 4 identified in Project Concept, identified herein as Exhibit A to this Agreement. Both AUTHORITY s and CITY agree that each will cooperate and coordinate with the other in all activities covered by this 6 Agreement and any other supplemental agreements. 7 B. AUTHORITY's failure to insist upon CITY's performance of any terms or conditions of a this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such 9 performance or to future performance of such terms or conditions and CITY's obligation in respect to 10 performance shall continue in full force and effect. 11 C. Changes to any portion of this Agreement shall not be binding upon AUTHORITY 12 unless confirmed in writing by an authorized representative of AUTHORITY by way of a written 13 amendment to this Agreement and issued in accordance with the provisions of this Agreement. 14 ARTICLE 3. RESPONSIBILITES OF AUTHORITY 15 AUTHORITY agrees to the following responsibilities for the GO LOCAL Step 1 work: 16 A. Payment- AUTHORITY shall pay CITY the amount identified in Article 5. PAYMENT, 17 for the GO LOCAL Step 1 work within 30 days of receipt of acceptable invoice. Funds will not be is distributed to CITY if AUTHORITY has not accepted CITY's Project Concept. CITY may resubmit an 19 amended Project Concept for review by AUTHORITY. AUTHORITY has the sole and exclusive right 20 to accept or reject any Project Concept. 21 B. Should CITY not complete the services identified in Exhibit A, or does not meet the 22 terms and conditions of this Agreement, the CITY will return to AUTHORITY all monies funded to the 23 CITY within sixty (60) days of AUTHORITY's written demand. 24 / 25 / 26 / Page 3 of 13 AGREEMENT C-6-0801 i C. Additional Funding- Funding beyond what has been identified in Article 5. 2 PAYMENT, shall be pursuant to a competitive process for projects initiated by AUTHORITY at a 3 date to be determined. AUTHORITY does not guarantee that CITY will be selected to advance to 4 the any future step in the GO LOCAL process. s ARTICLE 4. RESPONSIBILITIES OF CITY 6 CITY agrees to the following responsibilities for GO LOCAL Step 1 work: 7 A. Lead Agency- CITY will act as the lead agency for the GO LOCAL Step 1 work. s However, CITY may designate pursuant to a written partnership letter of agreement that another city 9 participating in the GO LOCAL program is serving as lead agency. AUTHORITY shall be provided a 10 copy of this letter within ten (10) days after the agreement has been executed. ii B. Third Party Partnerships- CITY is encouraged to collaborate with and enter into written 12 agreements with adjacent cities to advance the project consistent with the Project Concept. CITY shall 13 deliver to AUTHORITY a copy of each executed agreement within ten (10) days of execution. 14 C. Project Reporting- Within six months from the receipt of funds, CITY shall submit to is AUTHORITY a progress report similar to that detailed in Exhibit B, entitled "GO LOCAL Initial 16 Progress Report," attached to and, by this reference, incorporated in and made part of this 17 Agreement. CITY shall be required to produce a final written report of its findings, 18 recommendations, and next steps according to a mutually agreed upon date, but no later than the 19 completion date of this Agreement. The Final Report will include the elements described in Exhibit 20 C, entitled "GO LOCAL Project Concept Final Report Outline." Exhibit C is attached to and, by this 21 reference, incorporated in and made part of this Agreement. 22 D. Use Of Funding- CITY shall use funding provided by AUTHORITY exclusively for the 23 services identified in Exhibit A. All funding released to CITY shall be spent in accordance with Local 24 Transportation Ordinance Number 2: The Revised Orange County Traffic Improvement and Growth 25 Management Ordinance. If CITY fails to develop and/or pursue the Project Concept in accordance 26 with said Ordinance, or the CITY uses the Funds to support or facilitate acquisition of property Page 4 of 13 AGREEMENT C-6-0801 i through eminent domain or as matching funds to implement land development, all monies funded to 2 the CITY shall be returned to AUTHORITY within sixty (60) days of AUTHORITY's written demand. 3 AUTHORITY shall have sole discretion in determining whether the Project Concept has been 4 developed and/or pursued in accordance with said Ordinance. AUTHORITY may terminate this 5 Agreement, in whole or part, if the AUTHORITY determines in its sole discretion that CITY has 6 utilized funds in a manner leading to use of eminent domain powers. Upon AUTHORITY's 7 determination and written request, CITY shall return all monies in accordance with this Article. s E. Third Party Work- CITY shall deliver to AUTHORITY a copy of each executed 9 agreement and scope of work for services to be performed by third parties in fulfillment of the Project 10 Concept within thirty (30) days after the agreement has been executed. ii F. Conduct- CITY shall conduct all of its activities in association with GO LOCAL Step 1 12 in a good and competent and professional manner and in compliance with all applicable federal, 13 state and local rules and regulations. 14 G. Modeling—CITY shall utilize existing AUTHORITY modeling results to ensure that 15 project results are compatible with AUTHORITY planning efforts. AUTHORITY shall make modeling 16 available. 17 ARTICLE 5. PAYMENT 18 A. For CITY's full and complete performance of its obligations under this Agreement and 19 subject to the maximum cumulative payment obligation provisions set forth in this Agreement, 20 AUTHORITY shall pay CITY the not to exceed lump sum amount of One Hundred Thousand Dollars 21 ($100,000.00) within thirty (30) days after execution of this Agreement and upon receipt of 22 acceptable invoice. 23 / 24 / 25 / 26 / Page 5 of 13 AGREEMENT C-6-0801 i B. As a supplement to the Final Report, CITY shall submit to AUTHORITY a Project 2 Expenditures Certification, as detailed in Exhibit D, which is attached to this Agreement, and 3 incorporated by reference, for work performed under this Agreement. The Certification shall include, 4 but not be limited to, period of performance, actual expenses; classification, hours and rates of in- s house personnel, vendors, contractors, for work performed exclusively for the GO LOCAL Step 1 6 phase. Additionally, CITY may be required to submit this information to the AUTHORITY at any time 7 during the performance of this Agreement. CITY will be required to submit to AUTHORITY all s information requested within thirty (30) days from AUTHORITY's request. 9 ARTICLE 6. MAXIMUM OBLIGATION 10 Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY ii agree that AUTHORITY's maximum cumulative payment obligation hereunder (including CITY's 12 direct and indirect costs) shall be One Hundred Thousand Dollars ($100,000.00) which shall include 13 all amounts payable incurred solely for the purposes of the GO LOCAL Step 1 work. 14 ARTICLE 7. AUDIT AND INSPECTION is CITY shall maintain a complete set of records in accordance with generally accepted 16 accounting principles and in accordance with Local Transportation Ordinance Number 2: The 17 Revised Traffic Improvement and Growth Management Ordinance. The original records shall be is maintained within the CITY limits. Upon reasonable notice, CITY shall permit the authorized 19 representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts 20 and other data and records of CITY for a period of not less than four (4) years after final payment, or 21 until any on-going audit is completed whichever is longer. For purposes of audit, the date of 22 completion of this Agreement shall be the date of AUTHORITY's payment for CITY's final billing (so 23 noted on the invoice) under this Agreement. AUTHORITY shall also have the right to reproduce any 24 documents related to this Agreement by whatever means necessary. 25 / 26 / Page 6 of 13 AGREEMENT C-6-0801 i ARTICLE 8. INDEMNIFICATION 2 CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees and 3 agents from and against any and all claims (including attorney's fees and reasonable expenses for 4 litigation or settlement) for any loss or damages, bodily injuries, including death, worker's 5 compensation subrogation claims, damage to or loss of use of property caused by the negligent 6 acts, omissions or willful misconduct by CITY, its officers, directors, employees or agents in 7 connection with or arising out of the performance of this Agreement. s ARTICLE 9. ADDITIONAL PROVISIONS: 9 The AUTHORITY and CITY agree to the following mutual responsibilities: 10 A. Term of Agreement- This Agreement shall continue in full force and effect through ii December 31, 2007, unless terminated by mutual written consent by both Parties. The term of this 12 Agreement may only be extended upon mutual written agreement by both Parties. 13 B. Termination- The AUTHORITY may terminate this Agreement for its convenience any 14 time, in whole or part, by giving CITY written notice thereof. 15 C. Modifications- This Agreement may be amended in writing at any time by the mutual 16 consent of both Parties. No amendment shall have any force or effect unless executed in writing by 17 both AUTHORITY and CITY. is D. Legal Authority- AUTHORITY and CITY hereto warrant that they are duly authorized 19 to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the 20 Parties hereto are formally bound to the provisions of this Agreement. 21 E. Notices- Any notices, requests or demands made between the parties pursuant to 22 this Agreement are to be directed as followed: 23 / 24 / 25 / 26 / Page 7 of 13 AGREEMENT C-6-0801 1 To CITY: To AUTHORITY: 2 City of Huntington Beach Orange County Transportation Authority 3 2000 Main Street 550 South Main Street 4 P.O. Box 190 P. O. Box 14184 s Huntington Beach, CA 92648 Orange, CA 92863-1584 6 ATTENTION: Bob Stachelski, Attention: Kathleen Murphy-Perez, i 7 Transportation Manager Section Manager, Capital Projects 8 (714/536-5523) (714/560-5743); kperez@octa.net 9 dstachelski@surfcity-hb.org c: Paul Taylor, Executive Director, 10 c: David Webb, Deputy Director of Development Division it Public Works 12 F. Severability- If any term, provision, covenant or conditions of this Agreement is held to 13 be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the 14 remainder to this Agreement shall not be affected thereby, and each term, provision, covenant or 15 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 16 G. Counterparts of Agreement- This Agreement may be executed and delivered in any 17 number of counterparts, each of which, when executed and delivered shall be deemed an original 18 and all of which together shall constitute the same agreement. Facsimile signatures will be 19 permitted. 20 H. Force Maieure- Either Party shall be excused from performing its obligations under this 21 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable 22 cause beyond its control, including but not limited to: any incidence I',of fire, flood; acts of God; 23 commandeering of material, products, plants or facilities by the federal! state or local government; 24 national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of 25 such cause is presented to the other Party, and provided further that such nonperformance is i 26 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. Page 8 of 13 I AGREEMENT C-6-0801 1 1. Assignment- Neither this Agreement, nor any of a Party's, rights, obligations, duties, or 2 authority hereunder may be assigned in whole or in part by either Party without the prior written consent 3 of the other Party. Any such attempt of assignment shall be deemed void and of no force and effect. 4 Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the s waiver of any right to consent to such subsequent assignment. 6 J. Obligations Comply with Law- Nothing herein shall be deemed nor construed to 7 authorize or require any Party to issue bonds, notes or other evidences of indebtedness under terms, in 8 amounts, or for purposes other than as authorized by local, State or Federal law. 9 K. Governing Law- The laws of the State of California and applicable Federal, State, local to laws, regulations and guidelines shall govern hereunder. 11 This Agreement shall be made effective upon execution by both parties. 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-6-0801 to be 13 executed on the date first above written. 14 CITY HUNTINGTON BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY 1s By: By: �L 16 Penelo a Culbreth Art ur T. L a y 17 City Administrator Chief Executive fficer 18 ATTEST: APPROVED AS TO FORM: 19 /1C,r✓ By: 20 J n Flynn Kennard R. Smart, Jr. y Clerk General Counsel 21 APPROVED AS TO FORM: 22 By: Nmw4vo M, AP OVAL RECOMMENDED: 23 nifer McGrath City Attorney By: 24 Paul Tayior, ive D' ector Zs Development Division 26 Dated: Page 9 of 13 x STEP ONE PROJECT CONCEPT To qualify for funds, your city project must focus on assessing ways to provide transit connections to Metrolink. Complete the Project Concept, ands return with a signed Cooperative Agreement. A. tudy Type Concept assessments can cover or study any of the following topics. Please e descriptions below and indicate the type of analysis you expect to perform by n (x) next to one (or more) of the following: eeds Assessments What are the transit needs? Identify populations, congestion areas, etc. Coordinating Transit and Land Use How can a transit project support your city's land use planning policies/projects and vice versa? _XX_ Route Planning Existing data has identified activity centers, populations or congestion hot spots which warrant transit service. What are possible routes and types of transit? Public policy/public support Does the community support transit as evidenced by land use designations and the commitment of local stakeholders? _XX_Project Concepts Does the city have one or more general transit concepts which it would like to explore more fully in a detailed technical analysis? Make your own case Is there a concept that addresses a need in your city that you would like the Board of Directors to consider? Is this need consistent with the Measure M requirements that funds be spent on transit-related purposes to extend the reach of Metrolink? B. Project Overview The Cityof Huntington Beach (serving as the lead agency) in coo 'eration with the Cities 9 ( 9 9 Y) p of Westminster, Stanton, Garden Grove and Anaheim desire to conduct, manage, and oversee a Project Concept study to analyze potential development,, of a transit system extending from the Anaheim Metrolink Station, through the cities of Anaheim, Stanton, Go Local Page 2 Garden Grove, Westminster and Huntington Beach. We believe this corridor offers significant potential to provide a new alternative for regional travel land will help alleviate freeway and arterial congestion, improve air quality and, in general, improve the mobility and quality of life for residents, businesses and visitors of West/Central Orange County. More specifically, the Project Concept Study will include utilitizing base data from the West Orange County Project Definition Study (June 2003) as well'!as gather any necessary additional data to prepare a Needs Assessment and Route Planning report that identifies ridership potential (commuter, daily business, tourist, leisure, other) for new transit service that could utilize an approximately 18-mile length of existing, active railroad right-of-way corridor, or other potential parallel route through the western- central portions of Orange County. It is anticipated that this study will evaluate many factors that influence ridership projections including demographics, employment and destination centers, potential station locations, vehicle travel time, primary mode of transit, system construction cost, cost per trip determination as well as preliminay review and analysis of other potential transit extensions to key destinations for future study. The existing rail line corridor begins just west of the intersection of State College Boulevard and the Metrolink line, extending westerly and then southerly to approximately the intersection of Ellis Avenue and Gothard Stree0n the City of Huntington Beach. The rail line and right-of-way is currently owned and operated by the Union Pacific Railroad. In Anaheim, in addition to the existing active railroad right-of-way, the study will also analyze connecting the route at a major transfer center to other possible routes to be determined through a separate Go Local Transit Study that is being initiated by the City of Anaheim that would continue the line from the Disneyland Hotel area to the Anaheim Metrolink Station. In Huntington Beach, the study will analyze and review several possible routes to continue the line from the Ellis Avenue and Gothard Street intersection area to the Huntington City Beach area. The study will also consider the current and future potential for the use;of one existing spur off of the same rail line. This is a semi-active US Navy line that branches off the mainline near the 1-405 Freeway and travels westerly approximately 4 miles passed the Westminister Mall to the Boeing Industrial Center off Bolsa Chica Street. In addition to looking at the possibility of running transit service onll the existing tracks, the study will also review alternative modes and alignments that could operate within the same general corridor, but not necessarily using the existing freight tracks or right-of-way. The proposed corridor offers substantial ridership opportunities due to potential to draw from the large numbers of residential units close to the route as well as a wide range of key destinations along the route. Some of the destination links include the existing Metrolink services in Orange County, the Disneyland Resort area,'i Anaheim Convention Center, Anaheim Stadium, many high-rise office buildings and employment concentrations, shopping centers and regional malls, a regional bus center and several major bus routes, Golden West College, three freeway crossings, several major hotels, and beach recreational opportunities. There are also several existing potential line extensions, should a backbone system be developed in this corridor. Additionally, this Go Local Page 3 corridor offers substantial opportunities for development/redevelopment of transit- oriented properties along the corridor within each of the participating agencies. The variety of destinations and source populations along this route may equate to an exceptionally successful Metrolink connection, with substantial ridership even during non-peak commuter periods. G. Partners Please find attached, signed letters of participation from the Cities!of Anaheim, Stanton, Garden Grove and Westminster. In summary, the City of Huntington Beach agrees to lead this study based on the above project concept, including coordinating the work effort, day-to-day management, hiring and managing any outside design consultants to conduct the required studies, invoicing, and hosting team meetings. Our partnering Cities, to the degree possible, agree to work together with the other partnering agencies and participate in reviewing proposal scope, consultant selection, attending team meetings and reviewing reports and/or studies produced as a result of this effort. Additionally, the five participating Cities agree to allocate the following portion of their OCTA Go Local Funding to the City of Huntington Beach, as Lead Agency, for use in completing the necessary reports and studies as follows: Huntington Beach (Lead Agency) $100,000 Anaheim $0 Stanton $50,000 Garden Grove $100,000 Westminster $100,000 ICI Go Local Page 4 Corridor Exhibit 146, It vA SOW JJ(( is i a dI � �L 1 A of! tow Ty VVYWY!"my on-lost �k. sill AGREEMENT C-6-0801 EXHIBIT B PROJECT CONCEPT SIX-MONTH PROGRESS REPORT City/Date: Prepared By A. Project Overview Progress Report Please include a 200-300 word description of progress to date. To the extent possible, you should describe what you are working on, your methodology, key staff and/or stakeholders, and any preliminary results. B. Project Resources Please indicate all that apply: ♦ We've been utilizing consultants (Name(s): ♦ We've been doing some or all of the work in-house ♦ We have partnerships with: (Include if not listed in Exhibit A) C. Financial Report Percentage of funding Committed Expended We foresee obstacles to completion with funding. No Yesi If yes, please explain in attachment: Return to: Jeanne Spinner-LaMar, Manager, Local Initiative 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Page 11 of 13 1 /1/2006 AGREEMENT C-6-0801 EXHIBIT C PROJECT CONCEPT FINAL REPORT OUTLINE At the conclusion of Project Concept work, all cities will submit a Final Report within days utilizing the outline below. Sections Five and Six below will constitute your proposal for the next phase of work. 1. Summary of Project (1 page) 2. Study Questions (1 page) 3. Methodology Used (1 page) 4. Results (3-5 pages) Report against the Evaluation Criteria, i.e. financial considerations, community factors, transportation benefit. 5. Findings (4-5 pages) Your analysis of the results 6. Next Steps (5-7 pages) Identify. ■ what you wish to do next, ■ the methods you would use, ■ the staff, resources, and time you would need; ■ what you would expect to determine, and ■ the budget, your agency contribution, any partnerships and their contributions. Return to: Jeanne Spinner-La Mar, Manager, Local Initiatives 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Page 12 of 13 11/1/2006 AGREEMENT C-6-0801 EXHIBIT D PROJECT CONCEPT Project Expenditures Certification SAMPLE Consultant Contract Cost In-house Total hours charged to St TOTAL Number �iij Labor project x fully burdened alumd B y` add A & B houriv rate ABC 001 2 ` Sr. 500 hours x $85/hr ? %r Planner XYZ 002 0,006 Admin 100 x$25/hr �` ,..: Asst. Sv,000 45i000 100,000 I hereby certify that the above is a true and correct statement of the work performed and costs incurred on the Project Concept. Date Signed Title Return to: Jeanne Spinner-LaMar, Manager, Local Initiative 550 South Main Street P.O. Box 14184 Orange, CA 92863-15 Page 13 of 13 11/1/2006 OCTA AFFILIATED AGENCIES March 7, 2007 Orange County Transit District Local Transportation Authority Service Authority for Ms. Joan Flynn Freeway Emergencies City Clerk Consolidated Transportation City of Huntington Beach Service Agency 2000 Main Street Congestion Management Huntington Beach, CA 92648 Agency Service Authority for Abandoned Vehicles SUBJECT: AGREEMENT NO. C-6-0801 Dear Ms. Flynn: Enclosed please find two original copies of the GO Local Cooperative Agreement for your records. Should you have any contractual related questions, please feel free to contact Kathleen Perez at (714) 560-5743 or by e-mail at kperez@octa.net. Sincerely, car) lie Smith Office Specialist Contract Administration and Materials Management Enclosure(s) C: Jeanne Spinner-LaMar Orange County Transportation Authority 550 South Main Street/P.O.Box 14184/Orange/California 92863-1584/(714)560-OCTA(6282) OCTA BOARD OF DIRECTORS April 10, 2007 Carolyn V.Cavecche Chairman Chris Norby Vice-Chairman Patti Esparza JerryAmante City of Huntington Beach Director City Clerk's Office Patricia Bates 2000 Main Street, 2nd Floor Director Huntington Beach, CA 92648 Art Brown Director SUBJECT: OCTA'S COOPERATIVE GO LOCAL AGREEMENT NO. Peter Buffa C-6-0801 Director Bill Campbell Direectorctor Dear Ms. Esparza: Richard Dixon Director In regards to the year change on Agreement No. C-6-0801, enclosed please Paul G.Glaab find one copy of the Board Actions confirmation for your records. This should Director be sufficient information for you to make the change on your copy from 2006 to Cathy Green 2007. Director Allan Mansoor Should you have any contractual related questions, please feel free to contact Director Kathleen Perez at (714) 560-5743 or by e-mail at KPerez@octa.net. John Moorlach ---Director` Sincerely, Janet Nguyen Director �!r Curt Pringle Director Miguel Pulido Director lie Smith Mark Rosen Office Specialist Director Contract Administration and Materials Management Gregory T.Winterbottom Director Enclosure(s) Cindy Quon Governor's Ex-Officio Member CHIEF EXECUTIVE OFFICE Arthur T.Leahy Chief Executive Officer t��+sPort7Ar�pa oranr4o County t•o sport ition authority 550 South grain,;3t,eet f P,0,Box 1,1184IOrange J CaVornia 92863-11584 I(714)560--OC'T,A(628,'_') Minutes of the Meeting of the Orange County Transportation Authority Orange County Service Authority for Freeway Emergencies Orange County.Local Transportation Authority Orange County Transit District Board of Directors February 26, 2007 Call to Order The February 26, 2007, regular meeting of the Orange County Transportation Authority and affiliated agencies was called to order by Chairman Cavecche at 9:42 a.m. at the Orange County Transportation Authority Headquarters, Orange, California. Roll Call Directors Present: Carolyn Cavecche, Chairman Chris Norby, Vice Chair Jerry Amante Patricia Bates Arthur C. Brown Peter Buffa Bill Campbell Richard Dixon Paul Glaab Cathy Green Allan Mansoor John Moorlach Curt Pringle Miguel Pulido Mark Rosen Gregory T. Winterbottom Cindy Quon, Govemor's Ex-Officio Member Also Present: Arthur T. Leahy, Chief Executive Officer Wendy Knowles, Clerk of the Board Laurena Weinert, Assistant Clerk of the Board Kennard R. Smart, Jr., General Counsel Members of the Press and the General Public Directors Absent: None Invocation Vice Chair Norby gave the invocation. Pledge of Allegiance Chairman Cavecche led the Board and audience in the Pledge of Allegiance to the Flag of the United States of America. Public Comments on Agenda Items Chairman Cavecche announced that members of the public who wished to address the Board of Directors regarding any item appearing on the agenda would be allowed to do so by completing a Speaker's Card and submitting it to the Clerk of the Board: Special Matters 1. First Quarter Review of Chief Executive Officer Goals for 2007 Chairman Cavecche presented a matrix outlining the Chief Executive Officer's goals, performance measurements, and status for the first quarter of 2007. She requested that any Board Members who had comments or items to add to the listing, to contact her. 2. Presentation of Resolutions of Appreciation for Employees of the Month for February 2007 Chairman Cavecche presented Orange County Transportation Authority Resolutions of Appreciation Nos. 2007-07, 2007-08, and 2007-09 to Gloria Novotny, Coach Operator; Israel Lopez, Maintenance; and Connie Raya, Administration, as Employees of the Month for February 2007. In addition, representatives from the Garden Grove Police Department presented Ms. Novotny a special commendation for providing information which led ,to the successful 'arrest of a felony suspect when she witnessed certain events in December 2006. Consent Calendar (items 3 through 18) Chairman Cavecche stated that all matters on the Consent Calendar would be approved in one motion unless a Board Member or a member of the public requested separate action on a specific item. Director Moorlach pulled item 3 and abstained on item 12; Director Buffa pulled item 17; and members of the public pulled items 9 and 10. 2 Orange County Transportation Authority Consent Calendar Matters 3. Approval of Minutes Director Moorlach pulled this item for two corrections: - Director Cindy Quon was shown as present at the Special Meeting of the Board for February 12, whereas she was not present; Jim Beil attended on her behalf. Under Item 33, 'Directors' Reports', page 13, third paragraph: text should be corrected to read: "Director Moorlach referenced freeway signage on the 605/405 interchange...." A motion was made by Vice Chair Norby, seconded by Director Campbell, and declared passed by those present, to approve the minutes of the Orange County Transportation Authority and affiliated agencies' regular meeting of February 12, 2007,with the corrections noted. - 4. Approval of Board Member Travel Requests A motion was made by Director Campbell, seconded by Director Green, and declared passed by those present, to approve requests by Board Members Patricia Bates, Peter Buffa, and Paul Glaab for travel March 25-29, 2007, to attend the 2007 Orange County Business Council Trip to Washington, D.C. 5. , Approval of Resolutions of Appreciation for Employees of the Month for February 2007 A motion was made by .Director Campbell, seconded by Director Green, and declared passed by those present, to adopt Orange County Transportation Authority Resolutions of Appreciation Nos. 2007-07, 2007-08, and 2007-09 to Gloria Novotny, Coach Operator; Israel Lopez, Maintenance; and Connie Raya, - Administration, as Employees of the Month for February 2007. 6. State Legislative Status Report A motion was made by Director Campbell, seconded by Director Green, and declared passed by those present, to receive and file as an information item. 7. Federal Legislative,Status Report A motion was made by Director Campbell, seconded by Director Green, and declared passed by those present, to approve a prioritization of fiscal year 2008 appropriations requests for Senator Feinstein's office. This prioritization was discussed and recommendation made as Item 19 in this agenda. 3 8. Comments on 2007 Air Quality Management Plan A motion was made by Director Campbell, seconded by Director Green, and declared passed by those present, to direct staff to submit comments to the South Coast Air Quality, Management District regarding the Draft 2007 Air Quality Management Plan. 9. Cooperative Agreements with Cities of Buena Park, Dana Point, Garden Grove, Huntington Beach, Irvine, Laguna Niguel, Mission Viejo;Rancho Santa Margarita, San Juan Capistrano, Santa Ana, Stanton, and Tustin for the Go Local Program This item was pulled by a member of the public, and Chairman Cavecche requested that Paul Taylor, Executive Director of Development, provide a brief verbal report on this item. Mr. Taylor stated that this is the next wave of cooperative agreements with cities under the "Go Local Program", Step One. He further stated that in Step One, each city is entitled to claim $100,000 of Measure M funds to be used for planning of access to the Metrolink system. The cities are entitled to claim these funds, but they need, to claim them for a purpose that is approved by the Board, and at this time, 12 cooperative agreements are offered for consideration by the Board. Mr. Taylor stated that in the case of Huntington Beach, a number of residents appeared at the February 22, 2007, Transit Planning and Operations Committee to question the city's intended use of the funds, which is to study the feasibility and potential for developing a form of rapid transit in a particular corridor (right-of-way) within the City of Huntington Beach, ultimately intending to connect the Huntington Beach and beach area with the Anaheim Resort area through a-number of cities. Public comments were heard from: Shirley Land, Transportation Manager for the City of Mission Viejo, who commended OCTA for the development of this program. Ralph Bauer, resident of Huntington Beach, who stated his support for this program. David Beck, representing Huntington Beach residents, stated his opposition to what the City of Huntington Beach is proposing. Laurie Larson, resident of Huntington Beach, who opposes a rail line close to residential areas and requested the vote regarding Huntington Beach's funds be postponed. Jeremy Horn, Huntington Beach resident and realtor, clarified the location involved and voiced his opposition for a rail line in the area. 4 9. (Continued) Donna Hom, Huntington Beach resident and realtor, stated her opposition to a rail line in the residential area referenced. Eric Stockwell, resident of Huntington Beach, who expressed concern for property values in this area of Huntington Beach, should a rail line be under consideration. Shari Noriega, Huntington Beach resident and realtor, who stated that there has been no communication with the residents to enable them to protest this plan by the City. Melinda Ponce, resident of Huntington Beach, who also stated that the City has not communicated with its residents and expressed opposition to a rail line being considered. Chuck Larson, resident of Huntington Beach, who voiced concern for property values if a rail line is considered for the area. Suzanne Bidlow, resident of Huntington Beach, who stated that residents were unaware of this potential rail line until just recently and expressed concern if it is considered for the residential area. Joanne Rasmussen, resident of Huntington Beach, who stated she would support a monorail on Beach Boulevard as an alternative. Esther Beck, resident of Huntington Beach, who stated residents were not informed of this plan until it was well underway to obtain funds for this study. At this time, Chairman Cavecche invited David Webb, Public Works Director for the City of Huntington Beach,to offer comments. Mr. Webb stated that articles have run in the newspapers, and mail-outs.would go to the residents A motion was made by Director Winterbottom, seconded by Director Norby, and declared passed unanimously by those present, to: A. Authorize the Chief Executive Officer to execute Cooperative Agreement C-7-0050 between the Orange.County Transportation Authority and the City of Buena Park, in an amount not to exceed $100,000, to conduct a transit feeder needs assessment for the Buena Park Metrolink Station. B. Authorize the Chief Executive Officer to execute Cooperative Agreement C-6-0821 between the Orange County Transportation Authority and the City of Dana Point, in an amount not to exceed $100,000, to assess transit connections for residents, visitors, and employees between Dana Point and the San Juan Capistrano and San Clemente train stations. 5 9. (Continued) C. Authorize the Chief Executive Officer to execute Cooperative Agreement C-6-0782 between the. Orange County Transportation Authority and the City of Garden Grove, in an amount not to exceed $100,000, to assess opportunities for a north/south transit connection to the Anaheim Regional Transportation lhtermod;;l Center D. Authorize the Chief Executive Officer to execute Cooperative Agreement C-6-0801 between the Orange County Transportation Authority and the City of Huntington Beach, in an amount not to exceed $100,000, to analyze new alternatives for regional connections to the Anaheim Regional Transportation Intermodal Center. E. Authorize the Chief Executive Officer to execute Cooperative Agreement C-6-0723 between the Orange County Transportation Authority and the City of Irvine, in an amount not to exceed $100,000, to initiate a shuttle system in the Irvine Business Center.and integrate findings regarding feeder transit services from several City of Irvine studies into one report. F. Authorize the Chief Executive Officer to execute- Cooperative Agreement C-6-0754 between the Orange County Transportation Authority and the City of Laguna Niguel, in an amount not to exceed $100,000, for studies to assure adequate vehicular, pedestrian, and bicycle access to the expanded Laguna Niguel train station. G. Authorize the Chief Executive Officer to execute Cooperative Agreement C-6-0807 between the Orange County Transportation Authority and the City of Mission Viejo, in an amount not to exceed $100,000, to apply the results of the Orange County Transportation Authority's South County Transit Study to assess a local circulation network tied to Metrolink. H. Authorize the Chief 'Executive Officer to execute Cooperative Agreement C-6-0806 between the Orange County Transportation Authority and the City of Rancho Santa Margarita, in an amount not to exceed $100,000, to identify and study potential transportation alternatives for service to the Irvine Metrolink Station. I. Authorize the Chief Executive Officer to execute Cooperative Agreement C-6-0815 between the Orange County Transportation Authority and the City of San Juan Capistrano, in an amount not to exceed $100,000, to assess ways to provide an easy-access link from the City of San Juan Capistrano's station to destinations within their tri-city area. 6 9. (Continued) J. Authorize the Chief Executive Officer to execute Cooperative Agreement C-6-0692 between the Orange County Transportation Authority and the City of Santa Ana, in an amount not to exceed $100,000, for the study of four transit feeder service alignments to connect to the Santa Ana Regional Transportation Center train station. K. Authorize the Chief Executive Officer to execute Cooperative Agreement C-7-0033 between the Orange County Transportation Authority and the City of Stanton, in an amount not to exceed $100,000, to participate in a multi-city study of alternative connections to Metrolink with a focused study on how improve pedestrian facilities and local transit access to the City of Stanton's economic development area. L. Authorize the Chief Executive Officer to execute Cooperative Agreement C-6-0799 between the Orange County Transportation Authority and the City of Tustin in an amount not to exceed $100,000, to improve multi-modal access to the city's Metrolink station. 10. Customer Relations Report for Second Quarter Fiscal Year 2006-07 This item was pulled by a member of the public. Bill Chrisner, representing the Dayle McIntosh Center, offered comments that he feels the contractor. (Veolia) is working hard to meet contract requirements and address the issues which have been brought to their attention. Erin Rogers, Manager of Community Transportation Services, stated that a report will be coming to the next Transit Planning and Operations Committee, as well as to the full Board on March 12. This report was received for information and file; no action was taken. 11. Measure M Oversight Committee Recruitment A motion was made by Director Campbell, seconded by Director Green, and declared passed by those present, to receive and file as an information item. 7 12. Renewed Measure M Election Costs A motion was made by Director Campbell, seconded by Director Green, and declared passed by those present, to: A. Authorize the Chief Executive Officer to make payment to the County of Orange, in the amount of $883,707.04,for the cost of printing Measure M in the November 7, 2006, general election sample ballot. B. Borrow funds from the Orange County Unified Transportation Trust to be repaid with interest soon after the collection of Renewed Measure M sales tax revenues commences in April 2011. Director Moorlach abstained from voting on this item. 13. fiscal Year 2006-07 Mid-Year Budget Amendment A motion was made by Director Campbell, seconded by Director Green, and declared passed by those present, to: A. Amend the Orange County Transportation Authority's expenditure budget (Account 0001-7831-A4456-EBA) by $3,600,000 to accommodate the revised expenditure plan for the Bristol Street Widening Project. B. Amend the Orange County Transportation Authority's expenditure budget (Account 0017-7629-M0001-F17) and authorize the payment of$883,704 to the Orange County Registrar of Voters for expenses incurred related to the November 7, 2006, ballot measure to extend Measure M. C. Amend the Orange County Transportation Authority's expenditure budget (Account 1722-9011-G0028-L44) by $803,003 to cover contract change orders related to the Santa Ana.Bus Base. D. Amend the Orange County Transportation Authority's expenditure (Account 2928-9028-IX002-DD1) budget by $450,000 to augment funding related to replacing equipment and software for the Orange County Transportation Authority's fixed route radio system. E. Amend the Orange County Transportation Authority's staffing plan from 1,947 full-time equivalents to 1,948 full-time equivalents to accommodate the addition of one new hire request to support the high demands for coach operator recruitments. Amend the salaries and benefits budget by $30,000, to fund this position for the balance of the fiscal year. 8 13. (Continued) F. Reduce the Orange County Transportation Authority's expenditure budget by $5,385,000 by deferring three State Transportation Improvement Program projects, Chokepoint Santa Ana Freeway at Camino Capistrano Design, (Account 0051-7519-A9225-DYB), Avenida Vaquero Soundwall Design (Account 0051-7519-A9215-DYQ), El Camino Real Soundwall Design (Account 0051-7519-A9220-DYR) and removing one federally-funded project, the Irvine-Corona Expressway Feasibility Studies (Account 1536-7519-A1012-BXK), since the funds will be received by another agency. G. Amend the Orange County Transportation Authority's expenditure budget (Account 0010-7831-A0001-DSM) by$15,000,000, as a result of the Orange County Transportation Authority's staff efforts in assisting cities in finalizing previously completed projects and releasing final payments. 14. Insurance Coverage Procurement Process A motion was made by Director Campbell, seconded by Director Green, and declared passed by those present, to: A. Direct staff to implement the five point insurance procurement process as directed by the Finance and Administration Committee on November 8, 2006. B. Establish an insurance ad hoc committee, which would be available to meet on an as-needed basis. Orange County Local Transportation Authority Consent Calendar Matters 15. Euclid Street Traffic Signal Synchronization Goals A motion was made by Director Campbell, seconded by Director Green, and declared passed by those present, to receive and file as an information item. 16. Cooperative Agreement with the California Department of Transportation for Pavement Rehabilitation at the Garden Grove Boulevard and Goldenwest Street Intersection A motion- was made by Director Campbell, seconded by Director Green, and declared passed by those present, to: A. Authorize the Chief Executive Officer to negotiate and execute a cooperative agreement with the California Department of Transportation for incorporation of pavement. rehabilitation work at the intersection of Garden Grove Boulevard and Goldenwest Street, in the City of Westminster, into the existing Garden Grove Freeway (State Route 22)widening project. 9 16. (Continued) B. Amend the Orange County Transportation Authority's Fiscal Year.2006-07 Budget, Revenue Account 0010-6061-F71 00 by$400,000. 17. Consultant Selection for Oso Parkway/Pacific Park Drive Signal Synchronization Demonstration Project This item was pulled by Director Buffa, who stated he would abstain from voting on this item due to a conflict of interest. A motion was made by Director Campbell, seconded by Director Winterbottom, and declared passed by those present, to authorize the Chief Executive Officer to execute Agreement C-6-0889 between the Orange County Transportation Authority and the top-ranked firm, RBF Consulting, in an amount not to exceed $248,272, for consultant services to conduct the Oso Parkway/Pacific Park Drive Signal Synchronization Demonstration Project. Orange County Transit District Consent Calendar Matters 18. Amendment to Agreement for Heating, Ventilation and Air Conditioning Repairs A motion was made by Director Campbell, seconded by Director Green, and declared passed by those present, to authorize the Chief Executive Officer to execute Amendment No. 2 to Agreement C-5-3001 between the Orange County Transportation Authority and ACM Systems, Inc., in an amount not to exceed $200,000, to exercise the first option year. Regular Calendar Orange County Transportation Authority Regular Calendar Matters 19. Federal Fiscal Year 2008 Appropriation Request for Senator Feinstein Kristine Murray, Manager, Federal Relations, provided a brief verbal report on this appropriation request for Senator Feinstein and additional information on the recommendations offered at this time. A motion was made by Director Brown, seconded by Director Buffa, and declared passed by those present, to: A. Establish the Riverside Freeway (State Route 91) Congestion Relief Projects at an increased amount of $7.04 million and the San Diego (Interstate 405) Widening and Improvements at an increased amount of $10 million as the top two fiscal year 2008 appropriation priorities for the Orange County Transportation Authority with Senator Feinstein's office. 10 19. (Continued) B. Support and work with the Cities of Anaheim, Santa Ana, and Placentia to establish the Anaheim Regional Intermodal Transportation Center, Bristol Street Widening and Orangethorpe Corridor Grade Separations as the top appropriation priorities of these cities with Senator Feinstein's office. C. Continue to advocate for all eight Board approved appropriations requests with Senator Feinstein's office. Orange County Transit District Regular Calendar Matters 20. Cooperative Agreements with Senior Mobility Program Participants Dana Wiemiller, Community Transportation Coordinator, provided a PowerPoint and verbal presentation on this program and the agreements under consideration at this time. Director Norby asked that staff try to gather information from State sources on the numbers of senior citizens who maintain their driver's licenses. Chairman Cavecche inquired if other cities may join after this agreement is executed, and Ms. Wiemiller responded they would be able to join in the program. A motion was made by Director Green, seconded by Director Buffa, and declared passed by those present, to authorize the Chief Executive Officer to execute cooperative agreements between the Orange County Transportation Authority and 17 participating cities/agencies, in an amount not to exceed $5,966,466, for continued funding and participation in the Senior Mobility Program through fiscal year 2010-11. Other Matters 21. Chief Executive Officer's Report Chief Executive Officer, Arthur T. Leahy, reported that the California Transportation Commission (CTC) will meet on Wednesday, February 28, to finalize recommended programming of $2.7 billion of state transportation bonds. At the present time, $361.5 million is recommended to be allocated to Orange County. Mr. Leahy invited Board Members to attend the CTC reception on February 27 at the Atrium Hotel in Irvine, and also to present comments personally to the CTC at the February 28 meeting. Various Board Members encouraged their colleagues speak with a clear voice and to contact their business partners to gamer support for Orange County receiving their fair share. 11 22. Directors' Reports Director Brown stated that OCTA received two awards recently, one from the American Society of Civil Engineers, Orange County branch, which was for the Project of the Year for the State Route 22 widening. The second award was from the Orange County Engineering Council, for the 2006 Project of the Year Award for the State Route 22 high occupancy lane. Director Brown advised that OCTA took part in an event held last week-end at the Irvine Train Station to celebrate the Lunar New Year. Director Rosen requested staff to explore the feasibility of streaming OCTA Board meetings over the intemet. Director Moorlach requested a written explanation of the item in the February 21 Orange County Register editorial regarding the 91 Express Lanes reverting to Caltrans' ownership by 2030, termination of.OCTA's ability to impose or collect tolls on the road, and what can be done to.change this arrangement. 23. Public Comments At this time, Chairman Cavecche stated that members of the public may address the Board of Directors regarding any items within the subject matter jurisdiction of the Board of Directors, but no action would be taken on off-agenda items unless authorized by law. Comments were heard from: Arnie Pike, resident of Placentia, provided comments on the ACCESS service and provided a listing of questions he would like addressed by staff. Director Norby requested that a chart be provided to show a city-by-city comparison on bus stops in terms of placement on grass, etc. Rob Lammers, representing the National Multiple Sclerosis Society, stated that the ACCESS drivers have been very courteous. He expressed concern for the varied tying-down equipment on buses for wheelchairs. Bill Christner, representing the Dayle McIntosh Center, offered comments that the audible traffic signals are not yet installed at Haster and Fairview Avenue and other intersections along the same corridor of the State Route 22. He also mentioned concerns for wheelchair seating at Board meetings and interpreters being available. Chairman Cavecche requested that staff look into the tethering practice for wheelchairs on fixed route buses. 12 24. Closed Session A Closed Session was not held as part of this meeting. 25. Adjournment The meeting adjourned at 11:40 a.m., and Chairman Cavecche announced that the next regularly scheduled meeting of the OCTA/OCTD/OCLTA/OCSAFE/OCSAAV Board will be held at 9:00 a.m. on March 12, 2007, at OCTA Headquarters at 600 South Main Street, First Floor- Room 154, Orange, California. ATTEST W dy Knowles r � , Clerk of the Board ft Ir4yA V.,Cavecche T�A Chairman 13 9 , CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 13, 2006 JOAN L. FLYNN CITY CLERK Kathleen Perez Section Manager— Capital Projects OCTA 550 South Main Street P. O. Box 14184 Orange, CA 92863-1584 Dear Ms. Perez.- Enclosed are three originals of OCTA's Cooperative Agreement No. C-6-0801 that were approved by our City Council on October 2, 2006. After your board has executed the agreements, please mail one back to my attention at the above address to complete our files. You assistance is greatly appreciated. Sincerely, J4") an L. Flynn City Clerk Enclosure: 3 Agreements — OCTA G:followup:agrmtltr (Telephone:714-536-5227) OCTA BOARD OF DIRECTORS ArthurC.Brown November 1, 2006 Chairman Carolyn Cavecche Vice-Chair Peter Buffa Mr. Bob Stachelski Director Bill Campbell Transportation Manager Director City of Huntington Beach Lou Correa 2000 Main Street Director P.O. Box 190 Richard Dixon Huntington Beach, CA 92648 Director Michael Duvall SUBJECT: OCTA'S COOPERATIVE AGREEMENT NO. C-6-0801 Director Cathy Green Dear Mr. Stachelski: Director Gary Monahan Enclosed are three originals of OCTA`s Cooperative Agreement No. C-6-0801 Director for review and signature. Chris Norby Director Curt Pringle Please execute the three Cooperative Agreements where indicated, in blue ink Director and return the agreements to Kathleen Perez as soon as possible to: Miguel A.Pulido Director Kathleen Perez Susan Ritschel Section Manager - Capital Projects Director OCTA Mark Rosen 550 South Main Street Director P.O. BOX 14184 James ectorr Director Orange, CA. 92863-1584 Direct Thomas Wrector n Di Should you have any contractual related questions, please feel free to contact Direct Gregory T.Winterbottom Kathleen Perez at (714) 560-5743 or by e-mail at kperez@octa.net. Director Cindy Quon Sincerely, Governor's Ex-Officio Member CHIEFEXECUTIVEOFFICE ,J ie Smith ArthurT.Leahy ffice Specialist Chief Executive Officer Contract Administration and Materials Management Enclosure(s) R4P�SPOPrq r{eroro ItllI�R,V0 NUmbof, 47, Orange County Transportation Authority 550 South Main Street/P.O.Box 14184/Orange/California 92863-1584/(714)560-OCTA(6282) RECEIVED J 11 < Council/Agency Meeting Held: q6. Deferred/Continued to: , i y g )(Approved ❑ Conditionally Approved Hu?Dehied I V Cit Cier 's natu e" Council Meeting Date: 10/2/2006 Department ID umber: 06-063 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION' SUBMITTED TO: HONORABLE , 'MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PE ELOPE C GRAF DM'INtSTRA OR . PREPARED BY: ROB'ERT F.BEARDSLEY, PE/DIRECTOR OF PUBLIC WORKS SUBJECT: Authorize the City Administrator to Enter into Cooperative Agreements to Study a Local Transit Connection to Metrolink in Association with OCTA and Partnering Cities Statement of Issue, Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Orange County Transportation Authority (OCTA) has made grants of $1,00,000 available to each Orange County city to identify and study potential connections to the existing Metrolink system. Staff is seeking authorization to pursue a grant in potential partnership with the cities of Westminster, Stanton, Garden Grove and Anaheim in a cooperative process and allow the City Administrator to enter into those agreements. Funding Source: OCTA has allocated up to $100,000 for each Orange County agency to study alternatives. City participation funds are not required and not anticipated to be needed to complete the study effort. 'Recommended Action: Motion to: 1. Approve the general project concept to investigate and perform a detailed feasibility analyses for a potential.Transit Line to Huntington Beach and Anaheim; and 2. Adopt Resolution 200�-� A resolution of the City Council of the City of Huntington Beach Authorizing the City Administrator to Negotiate and Execute Cooperative Agreements with the Orange County Transportation Authority (OCTA) and/or Partnering Cities to Apply for-and Receive Grant Funding Under OCTA's City-Initiated Transit Extension to Metrolink.,(Also Knows as "Go Local") Funding Program; where the City Attorney approves those agreements as to form. Alternative Action(s) 1. Do not proceed with the general project concept and provide alternative direction to staff. 2. Proceed with the general project concept but do not delegate approval authority to the City Administrator and require all Cooperative and/or Partnering Agreements to be approved by the City Council. This will add additional complexity and time constraints to this time sensitive project. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 10/2/2006 DEPARTMENT ID NUMBER: .06-063 Analysis: On August 14, 2006, the OCTA Board of Directors approved a new program for City-Initiated Transit Extensions to Metrolink known as "Go Local", to encourage local agencies to investigate and develop local projects to expand service connections to the existing Metrolink backbone in Orange County. To foster this process, the OCTA Board allocated up to $100,000 to each Orange County city, to conduct feasibility studies and provide information that may lead to future transit projects in the County. Each city may apply for these funds by identifying a project concept that meets the basic intent of the program and 'executing the appropriate cooperative agreements with OCTA and any other partnering agencies. Projects may extend through multiple agencies and OCTA has encouraged a cooperative process among nearby agencies to identify projects and partner in their development: This will allow several agencies to pool their resources to fund ,the feasibility studies where needed. A draft copy of the cooperative agreement to be executed with OCTA is provided as Attachment 2. In addition, some form of partnering agreement will be required on projects involving multiple agencies. Public Works staff has been working with the cities of Westminster, Stanton, Garden Grove and Anaheim to review the potential for developing passenger rail transit, or some other yet-to-be-determined mode, between Huntington Beach and Anaheim, using an existing Union Pacific rail line. The existing line starts in Huntington Beach, near Ellis Avenue, east of Gothard Street. The line parallels Gothard Street to the northern city limits, where it enters Westminster, continues north to Stanton where it.turns east through Garden Grove and into Anaheim. A diagram depicting the existing rail route and connections is provided as Attachment 3. The existing rail line serves varying levels of active freight traffic; however, previous experience has shown that effective agreements with railroad companies can be obtained. that allow freight and passenger traffic to utilize the same rail lines. Staff has discussed this project with staff from each of the cities along the corridor and expects to be able to initiate a comprehensive feasibility study with pooled grant funds. The project concept was presented to the City Council at a study session on September 18, 2006. Staff.is seeking concurrence from the City Council that the project described herein is one that the city should evaluate with our partnering agencies and to provide the City Administrator with the authority to enter into .the necessary cooperative and partnering agreements. Environmental Status: The recommended action is a feasibility study and does not require environmental clearance. Future project phases, if pursued, would include appropriate environmental review. -2- 9/20/2006 12:17 PM REQUEST FOR CITY.COUNCIL ACTION MEETING DATE: 10/2/2006 DEPARTMENT ID NUMBER: 06-063 f Attachment(s): Page Number No. Description City Clerk's - x , 1. Resolutions,2,�d,4 3 2. Draft Cooperative Agreement r 3. Proposed Transit Route Diagram -3- 9/20/2006 12:16 PM ATTACHMENT # 1 RESOLUTION NO. 2 0 0 6-b 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE CITY ADMINISTRATOR TO NEGOTIATE AND EXECUTE COOPERATIVE AGREEMENTS WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY("OCTA") AND/OR PARTNERING CITIES TO APPLY FOR AND RECEIVE GRANT FUNDING UNDER OCTA'S"CITY-INITIATED TRANSIT EXTENSION TO METROLIW (ALSO KNOWN AS"GO LOCAL")FUNDING PROGRAM WHEREAS,the City of Huntington Beach("City"), a city within the State of California, wishes to apply for and receive an allocation of funds through OCTA's"City Initiated Transit Extension to Metrolink" funding program. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. The City authorizes the City Administrator to negotiate and execute, on behalf of ' the City, cooperative agreements with OCTA and/or partnering cities'to apply for and receive grant funding under OCTA's City-Initiated Transit Extension to Metrolink(also known as"Go-Local")-funding program, where those agreements are approved as to form by the City Attorney,"and where all funds paid by the City .under the agreements are fully reimbursable under the program . and no monies are to be allocated from the City's'General Fund. 2. Any and all agreements relating to the City-Initiated Transit Extension to Metrolink funding program that require an allocation of City funds not reimbursable in full under the program will require.a separate Council Action. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2 n d day of October 2006 Mayor REVIEWED AND APPROVED: APMOVED AS TO FORM: City A nistrator C Attorney �7r2r 9, IN D APPROVED: . Director of Public orks 06-527/4275 1 Res. No. 2006-64 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 2nd day of October, 2006 by the following vote: AYES:: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook NOES: None ABSENT: None ABSTAIN: None City erk and ex-officio C k of the City Council of the City of Huntington Beach, California ATTACHMENT #2 1 Proposed Sample Cooperative Agreement for Go Local Program 2 3 COOPERATIVE AGREEMENT NO. C-6-XXXX a BETWEEN s ORANGE COUNTY TRANSPORTATION AUTHORITY 6 AND 7 CITY OF s FOR 9 CITY-INITIATED TRANSIT EXTENSIONS TO METROLINK 10 THIS AGREEMENT is made and entered into this day of .11 2006, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. -12 Box 14184, _ Orange, California 92863-1584, a public corporation of the State of California 13 (hereinafter referred to as "AUTHORITY"), acting on behalf of the Orange County Local la Transportation Authority,and the City of REffiq�E CII California, r,po 7,0 15p E, a municipal corporation(hereinafter referred to as "CITY").147 50 16 RECITALS: 17 WHEREAS, AUTHORITY considers its railroad lines linking Los Angeles and San Diego 18 Counties and the Inland Empire to be the core of Orange County's future rail transit system; and 19 WHEREAS, CITY and AUTHORITY wish to work as partners to develop a community-based 20 transit vision that increases use of Metrolink by (§is ''M ) residents, visitors, and/or employees; 21 and 22 WHEREAS, the funds allocated through this program must.comply with the 1990 Measure M 23 ordinance which states in part that the intent is to provide matching funds to encourage development M of extensions to major activity centers and to provide access between the primary rail system and. 25 employment centers; and 26 / Page 1 of 13 1 WHEREAS, CITY is encouraged to enter into written agreements with other cities to 2 collaborate in some or all facets of a planning and needs assessment to support this vision; and 3 WHEREAS, Measure M funds have been designated for cities to study ways to accomplish 4 this; and s WHEREAS, CITY will develop a proposed Project Concept (further defined hereunder) which 6 will factor in, among other elements, community interests and desires; and 7 WHEREAS, the AUTHORITY's Board of Directors'on February 27, 2006, allocated Measure 8 M funds to a program designed to enable cities that wish to develop a local transit vision including 9 defined enhancements and transit extensions to Metrolink that work best with their local 10 community's short and long-term priorities (hereinafter referred to as "GO LOCAL Step 1"); and 11 WHEREAS, CITY has completed the GO LOCAL Step 1 Project Concept form, and 12 AUTHORITY has found such concept acceptable; and 13 WHEREAS, CITY, upon AUTHORITY's execution of this Agreement, will pursue the Project 14 Concept; and 15 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as 16 follows: 1� ARTICLE 1. COMPLETE AGREEMENT 18 This Agreement, including all exhibits and documents incorporated herein and made 19 applicable by. reference, constitutes the complete and exclusive statement of the terms and 20 conditions of the agreement between AUTHORITY and CITY concerning the GO LOCAL Step 1 21 work and supersedes all prior representations, understandings and communications between the . 22, parties. The invalidity in whole or part of any term or condition of this Agreement shall not affect the 23 validity of the other terms or conditions. 24 ARTICLE 2. SCOPE 25 A. This Agreement specifies the procedures that AUTHORITY and CITY will follow in 26 connection with the GO LOCAL Step 1 work to be performed by CITY. CITY agrees to provide all Page 2 of 13 1 services identified in Project Concept, identified herein as Exhibit A to this Agreement. Both 2 AUTHORITY and CITY agree that each will cooperate and coordinate with the other in all activities 3 covered by this Agreement and any other supplemental agreements. 4 B. AUTHORITY's failure to insist upon CITY's performance of any terms or conditions of 5 this Agreement shall not be construed as a.waiver or relinquishment of AUTHORITY's right to such 6 performance or to future performance of such terms or conditions and CITY's obligation in respect to 7 performance shall continue in full force and effect. S. C. Changes to any portion of this Agreement shall not be binding upon AUTHORITY unless 91 confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to 10 this Agreement and issued in accordance with the provisions of this Agreement. 11 ARTICLE 3. RESPONSIBILITES OF AUTHORITY - 12 AUTHORITY agrees to the following responsibilities for the GO LOCAL Step 1 work: 13 A. Payment- AUTHORITY shall pay CITY the amount identified in Article 5. PAYMENT, 14 for the GO LOCAL Step 1 work within 30 days of receipt of acceptable invoice. Funds will not be 15 distributed to CITY if AUTHORITY has not accepted CITY's Project Concept. CITY may resubmit an 16 amended Project.Concept for review by AUTHORITY. AUTHORITY has the sole and exclusive right 17 to accept or reject any Project Concept. is B. Should CITY not complete the services identified in Exhibit A, or does not meet the 19 terms and conditions of this Agreement, the CITY will return to AUTHORITY all monies funded to the 20 CITY within sixty (60) days of AUTHORITY's written demand. 21 C. Additional Funding- Funding beyond what has been identified in Article 5. 22 PAYMENT, shall be pursuant to a competitive process for projects initiated by AUTHORITY at a 23 date to be determined. AUTHORITY does not guarantee that CITY will be selected to advance to 24 the any future step in the GO LOCAL process. 25 ARTICLE 4. RESPONSIBILITIES OF CITY 26 CITY agrees to the.following responsibilities for.GO LOCAL Step 1 work: Page 3 of 13 1 A. Lead Agency- CITY will act as the lead agency for the GO LOCAL Step 1 work. 2 However, CITY may designate pursuant to a written partnership letter of agreement that another city 3 participating in the GO LOCAL program is serving as lead agency for a joint Project Concept. 4 AUTHORITY shall be provided a copy of this letter within ten (10) days after the agreement has been s executed. . 6 B. Third Party Partnerships- CITY is encouraged to collaborate with and enter into written 7 agreements with adjacent cities to advance the project consistent with the Project.Concept. CITY shall 8 deliver to AUTHORITY a copy of each executed agreement within ten (10) days of execution. 9 C. Project Reporting- Within six months from the receipt of funds, CITY shall submit to to AUTHORITY a progress report similar to that detailed in Exhibit B, entitled "GO LOCAL Initial 11 Progress Report," attached to and, by this reference, incorporated in and made part of this 12 Agreement. CITY shall be required to produce a final written report (Final- Report) of its findings, 13 1 recommendations, and next steps according to a mutually agreed upon date, but no later than the 14 completion date of this Agreement. The Final Report will include,the elements described in Exhibit 15 C, entitled "GO LOCAL Project Concept Final Report Outline." Exhibit C is attached to and, by.this 16 reference, incorporated in and made-part of this Agreement. 17 D. Use Of Funding- CITY shall use funding provided by AUTHORITY exclusively for the 18 services identified in Exhibit A. All funding released to CITY shall be spent in accordance with Local 19 Transportation Ordinance Number 2: The Revised Orange County Traffic Improvement and Growth 20 Management Ordinance. If CITY fails to develop and/or pursue the Project Concept in accordance 21 with said Ordinance; or the CITY uses the Funds to support or facilitate acquisition of.property 22 through eminent domain or as matching funds to implement land development, all monies funded to 23 the CITY shall be returned to AUTHORITY within sixty (60) days of AUTHORITY's written demand. 24 AUTHORITY shall have sole discretion in determining whether the, Project Concept has been Zs developed and/or pursued in accordance with said Ordinance. AUTHORITY may terminate this 26 Agreement;,in whole or part, if the AUTHORITY determines in its sole discretion that CITY has Page 4 of 13 I. utilized funds in a manner leading to Use of eminent domain powers. . Upon AUTHORITY's 2 determination and written request,CITY shall return all monies in accordance with this Article. '3 E. Third Party Work- CITY shall deliver to AUTHORITY a copy of each executed _ 4 agreement and scope of work for services to be performed by third parties in fulfillment of the Project 5 Concept within thirty (30) days after the agreement has been executed. 6 F. Conduct- CITY shall conduct all of its activities in association with GO LOCAL Step 1 7 in a good and competent and professional manner and in compliance with all applicable federal, s state and local rules and regulations. 9 G. Modeling—CITY shall utilize existing AUTHORITY modeling results to ensure that to project results are compatible with AUTHORITY planning efforts. AUTHORITY shall make modeling 11 available. : 12 ARTICLE 5. PAYMENT 13 A. For CITY's full and complete performance of its obligations under this Agreement and 14 subject to the. maximum cumulative payment obligation provisions set forth in,this Agreement, F 15 AUTHORITY shall pay CITY the not to exceed lump sum amount of One Hundred Thousand Dollars 16 ($100,000.00) within thirty (30) days after execution of this Agreement and upon receipt of 17 acceptable invoice. is B. As a supplement to the Final Report, CITY shall submit to AUTHORITY a Project .19 Expenditures Certification, as detailed in Exhibit D, which is attached to this Agreement, and 20 incorporated by reference, for work performed under this Agreement. The Certification shall include, 21 but not be limited to, period of performance, actual expenses; classification, hours and rates of in- 22 house personnel, vendors,.contractors, for work performed exclusively for the GO LOCAL Step 1 23 phase. Additionally, CITY may be required to submit this information to the AUTHORITY at any time 24 during the performance of.this Agreement. CITY will be required to submit to AUTHORITY all 25 information requested within thirty (30) days from AUTHORITY's request. 26 Page 5 of 13 1 ARTICLE 6. MAXIMUM OBLIGATION 2 Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY 3 agree that AUTHORITY's maximum cumulative payment obligation hereunder (including CITY's 4 direct and indirect costs) shall be One Hundred Thousand Dollars ($100,000.00) which shall include s all amounts payable incurred solely for the purposes of the GO LOCAL Step 1 work. 6 ARTICLE 7. AUDIT AND INSPECTION 7 CITY shall maintain a complete set of records in accordance with generally accepted s' accounting principles and in accordance with Local Transportation Ordinance Number 2: The 9 Revised Traffic Improvement and Growth Management Ordinance. The original records shall be 10 maintained within the CITY limits. Upon reasonable notice, CITY shall permit the authorized 1 representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts 12. and other data and records of CITY for a period of not less than four (4) years after final payment, or 13 until any on-going audit is completed whichever is longer. For purposes of audit, the date of 14 completion of this Agreement shall be the date of AUTHORITY's payment for CITY's final billing (so 15 noted on the invoice) under this Agreement. AUTHORITY shall also have the right to reproduce any 16 documents related to this Agreement by whatever means necessary. 17 ARTICLE 8. INDEMNIFICATION 18 CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, 19 employees and agents from and against any and all claims (including attorney's fees and reasonable 20 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, 21 worker's compensation subrogation claims, damage to or loss of use of property caused by the, 22 negligent acts, omissions or willful misconduct by CITY, its officers, directors, employees'or agents 23 in connection with or arising out of the performance of this Agreement. 24 ARTICLE 9. ADDITIONAL PROVISIONS: 25. The AUTHORITY and CITY agree to the following mutual responsibilities: 26 A. Term of Agreement- This Agreement shall continue in full force and effect through Page 6 of 13 1. December 31, 2007, unless terminated by mutual written consent by both Parties. The term of this 2 Agreement may only be extended upon mutual written agreement by both Parties. 3 B. Termination- The AUTHORITY may terminate this Agreement for its convenience any 4 time, in whole or part, by giving CITY written notice thereof. 5 C. Modifications- This Agreement may be amended in writing at any time by the mutual 6 consent of both Parties. No amendment shall have any force or effect unless executed in writing by 7 both AUTHORITY and CITY. s . D. Legal Authority- AUTHORITY and CITY hereto warrant that they are duly authorized 9 to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the 10 Parties hereto are formally bound to the provisions of this Agreement. 11 E. Notices- Any notices, requests or demands made between the parties pursuant to" 12 this Agreement are to be directed as followed: 13 To CITY: To AUTHORITY: 14 City of amp Orange County Transportation Authority 15 s 550 South Main Street 16 P.O. Box >'e P. O. Box 14184 17 ��, � �p =�` Orange, CA 92863-1584 18 ATTENTION: Attention: Kathleen Murphy-Perez, 19 le Section Manager, Capital Projects 20taetlnfo anon (714/560-5743); kperez@octa.net 21 c: Paul Taylor, Executive Director, 22 Development Division 23 F. Severability- If any term, provision, covenant or condition of this Agreement is held to 24 be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the 25 remainder to this Agreement shall not be affected thereby, and each term, provision, covenant or 26 condition of this Agreement shall be valid and enforceable to the fullest extent permitted bylaw. Page 7 of 13 1 G. Counterparts of Agreement- This Agreement may be executed and delivered in any 2 number of counterparts, each of which, when executed and delivered shall be deemed an original 3 and all of which together shall constitute the same agreement. Facsimile signatures will be 4 permitted. s H. Force Maieure Either Parry shall be excused from performing its obligations under this 6 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable 7 cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; 8 commandeering of material, products, plants or facilities by the federal, state or local government; 9 national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of 10 such. cause is presented to the other Party, and provided further that such nonperformance is .11 unforeseeable, beyond the control'and is not due to the fault or negligence of the Party not performing. 12 1. Assignment- Neither this Agreement, nor any of a Parry's rights, obligations, duties, or 13 authority hereunder may be assigned in whole or in part by either Party without the prior written consent 14 of the other Party. Any such attempt of assignment shall be deemed void and of no force and effect. 15 Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the 16. waiver of any right to consent to such subsequent assignment. 17 J. Obligations Comply with Law- Nothing herein shall be deemed nor construed to 18 . authorize or require any Party to issue bonds, notes or other evidences of indebtedness under terms, in 19 amounts, or for purposes other than as authorized by local, State or Federal law. 20 K. Governing Law- The laws of the State of California and applicable Federal, State, local 21 laws, regulations and guidelines shall govern hereunder. 22 / ... 23 / 24 / 25 / 26 Page 8 of 13 1 This Agreement shall be made effective upon execution by both parties. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-6-XXXX to be 3 executed on the date first above written: 4 CITY ORANGE COUNTY TRANSPORTATION AUTHORITY 5 6 By: By: Arthur T. Leahy Chief Executive Officer s ATTEST: APPROVED AS TO FORM: 9 By: By: '10 Kennard R. Smart, Jr. General Counsel 11 APPROVED AS TO FORM: APPROVAL RECOMMENDED: 12 13 By: 14 - ? j.Q "ja' 9 l5 OZv Paul Taylor, Executive Director Development Division 15 16 Dated: Dated: 17 18 19 20 21 - 22 23 24 25 26 Page 9 of 13 AGREEMENT C-6-XXXX EXHIBIT A STEP ONE PROJECT CONCEPT To qualify for funds your city project must focus on assessing ways to provide transit connections to Metrolink. Complete the Project Concept, and return with a signed Cooperative Agreement. A. Study,Type Project Concept assessments can cover or study any of the following topics. Please review the descriptions below and indicate the type.of.analysis you expect to perform by placing an (x) next to one (or more) of the following: Needs Assessments What are the transit needs? Identify populations, congestion areas, etc. Coordinating Transit and Land Use How can a transit project support your city's land use planning policies/projects and vice_versa? Route Planning Existing data has identified activity centers, populations or congestion hot spots which warrant transit service. What are possible routes and types of transit? Public policy/public support Does the community support transit as evidenced by land use designations and the commitment of local stakeholders? Project Concepts Does the city have one or more general transit concepts which it would like to explore more fully in a detailed technical analysis? Make your own case Is there a concept-that addresses a need in your city that you would like the Board of Directors to consider? 1s this need consistent with the Measure M requirements that funds be spent on transit-related purposes to extend the reach of Metrolink? B. Project Overview Please include a 250 to 300 word overview of your Project Concept. C. Partners Please attach any letters of agreements which identify other jurisdictions participating in this Project Concept and your respective roles,.(See Checklist on Website). Revised 8/01/2006 Page 10 of 13 AGREEMENT C-6-XXXX EXHIBIT B INITIAL PROGRESS REPORT City/Date: Prepared By A. Project Overview Progress Report Please include a 200-300 word description of progress to date. To the extent possible, you should describe what you are working on, your methodology, key staff and/or stakeholders, and any preliminary results. B. Project Resources Please indicate iat apply: ♦ We've been utilizing consultants (Name(s) ♦ We've been doing some or all of the work in-house We have partnerships with: (Include if not listed in Exhibit A) C. Financial Report Percentage of funding committed expended We foresee obstacles to completing the Project Concept scope with the funds available. 'No Yes If yes, please explain in an attachment. Return to: Jeanne Spinner LaMar, Manager, Local initiative 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Page 11 of 13 Revised 8/01/2006 AGREEMENT C-6-XXXX EXHIBIT C PROJECT CONCEPT FINAL REPORT OUTLINE At the conclusion of Project Concept work, all cities will submit a Final Report within days utilizing the outline below. Sections Five and Six below will constitute your proposal for the next phase of work. 1. Summary of Project (1 page) 2.. Study Questions (1 page) 3.. Methodology Used (1 page) 4. Results (3-5 pages) Report against the Evaluation Criteria, i.e. financial considerations, community factors, transportation benefit. 5. Findings (4-5 pages) Your analysis of the results 6. Next Steps (5-7 pages) Identify: ■ - what you wish to do next, ■ the methods you would use, the staff, resources, and time you would need, ■ what you would expect to determine, and ■ the budget, your agency contribution, any partnerships and their contributions. Return to: Jeanne Spinner LaMar, Manager, Local Initiative 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Page 12 of 13 Revised 8/01/2006 AGREEMENT C-6-XXXX EXHIBIT D PROJECT CONCEPT Project Expenditures Certification SAMPLE Consultant . Contract Cost In Total hours charged to �Cosir �� TOTAL " � Number Column A Labor, project x fully burdened Column B add A &B hour) rate F � .s � ABC 001 25,000` Sr. 500 hours $85/hr 21500 ' Planner ,k $ XYZ 002 30,000. Admin 100 x$25/hr R2;500�``�` Asst. � 41. M 55,000'. 45;000 100,000 I hereby certify that the above is a true and correct statement of the work performed and costs incurred on the Project Concept. Date , Signed 4 Title Return to: Jeanne Spinner LaMar, Manager, Local Initiative 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Page 13 of 13 Revised 8/01/2006 ATTAC H M E N T #3 : �v i 9v� r _ _. e m Metmlink..,tatws J ne tis 4 - M i an n mosit es '�Fe i d t�. 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'� �bma � �a �'� "r R' , ' �-fir .. z. f RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Authorize City Administrator to Enter into Cooperative Agreements with OCTA-and Partnering Cities COUNCIL MEETING DATE: October 2, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third.Party Agreements,etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Notached El t Applicable Staff Report (If applicable) Attached t Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSINGATTACHMENTS_ REVIEWED RETURNED FOR)OAK' Administrative Staff ( ) Assistant City Administrator (Initial) ) City Administrator (Initial) ( ) ( ) City Clerk ( ) z8XPLA'NATION FOR RETURN OF ITEM e (Below Space For City Clerk's i Use Only) RCA Author: Webb/Stachelski ACEIVEC FROM s PUBLIC REC%7PR IL CITY CL K FFICE JOAN La FLYNN,CITY CLERK Good evening, Mayor and Council members My name is Roy Reynolds -- I'm the Managing Director of PRT Strategies in Fountain Valley, a computer systems and transit consulting firm. 0:10. Per yesterday's brief article in the Register, you'll decide tonight on your City's application for a $100,000 Grant from the OCTA's Go Local program. You're entitled to this funding simply by submitting one or more.ideas on ways to increase ridership from Huntington Beach on the Metrolink. 0:17. Thus far, you've only considered one recommendation which involves the use of • diesel rail through residential neighborhoods • on privately-owned right-of-way • which the City hasn't asked permission to use. As you've been informed, this rail alignment falls well short of two of its targets --the .Disney Resort and your beach attractions. 0:19. I'd submit to you that there are many ideas and concepts that can be freely had from the private sector if you'd simply hold your response to the OCTA for a few months and put this opportunity on the street as a Request for Proposals. The OCTA has made no deadline for responses to the Go Local program. 0:17. It certainly makes sense for your City to team with other cities in the west County, pooling your resources and the grant monies to make the best possible recommendations to the OCTA. You've only considered one so far, and it would seem more appropriate.and fair-- as well as being just plain good business --to consider ideas would you could collect AT NO EXPENSE if you'd simply put this process on the street and request proposals and ideas from the private sector. There also seems no reason why multiple cities, teamed up as you wish, could not be participating or included as issuers of this same RFP and then cooperating in the evaluation of the best possible ideas — not just the one you've heard so far. 0:44. Ultimately, there's $30 million dollars of Measure M funding at stake here. No one has all the answers, and it's only fair and reasonable to involve local businesses and vendors in this opportunity. It simply makes sense to inject competition into this process — again,. it costs you nothing and it's in the best interest of this community to fairly and professionally gather input and have as many ideas as possible. 0:23. This is an important Measure M program, especially since the Metrolink hasn't been that useful a transit resource for Huntington Beach as it's simply too far away. The Go Local program deserves to succeed and be of value to Huntington Beach, and your leadership in understanding the process and freely bidding it out to local business community is FAIR AND APPROPRIATE. 0:22. We urge you to do that and I thank you for your time. 0:04.