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Home My WebLink AboutOCTA - Orange County Transportation Authority - 2011-11-21BOARD OF DIRECTORS November 5, 2014 Shawn Nelson Chairman Mr. Travis K. Hopkins Jeffrey Lalloway City of Huntington Beach Vice Chairman 2000 Main Street Patricia Bates Huntington Beach, CA 92648 Director Lori Donchak Subject: Agreement No. C-1-2765, City of Huntington Beach, "M2 CTFP Director Master Funding Agreement" — Letter Agreement No. 7 Matthew Harper Director Dear Mr. Hopkins: Michael Hennessey Director This Letter Agreement serves as the Orange County Transportation Authority's Steve Jones Director (OCTA) approval to amend Agreement No. C-1-2765, Attachment A-6 "Projects Gary A. Miller List". OCTA is deleting Attachment A-6, in its entirety, as identified in Article 4 Director "Responsibilities of Agency", paragraph A, and in lieu thereof is inserting the John Moorlach revised "Project List", attached hereto as Attachment A-7, which is incorporated Director and made a part of the Agreement. All provisions set forth in Master Funding At Murray Agreement No. C-1-2765 apply. Director Janet Nguyen The following additional provision to the subject project was approved by the Board Director on September 22, 2014: Miguel Pulido Director Project X "Environmental, Clean Up Program" anticipates using in kind Tim Shaw Director services such as ongoing operation and maintenance of projects must Todd Spitzer include semi-annual reporting and expenditure verification of matching Director funds including backup documentation as part of the semi-annual review Tom Tait (SAR) reporting process and include in the M2 Eligibility Expenditure Director Report due within six months of the end of the jurisdiction's fiscal year. Frank cry Failure to provide reporting and or evidence of on -going in -kind services Director for the life of the project will result in disqualification of Agency Gregory T Winterbottom participation on future competitive calls for Comprehensive Director Transportation Funding Programs (CTFP) projects. Ryan Chamberlain Ex-Offico Member If you have any questions, please feel free to contact Roger Lopez at (714) 560-5438. CHIEF EXECUTIVE OFFICE Darrell Johnson Chief Executive Officer Orange County Transportation Authority 550 South Main Street I P.O. Box 14184 I Orange i California 92863-1584 I (714) 560-OCTA (6282) Agreement No. 1-2765, City of Huntington Beach Master Funding Agreement — Letter Agreement No. 7 Page 2 Please execute this letter agreement and return the signed original to the attention of Michael Le, Associate Contract Administrator at (714) 560-5314, mle1(a_octa.net. Upon full execution of the letter agreement, the effective date will be September 22, 2014. Executive Director, Planning Orange County Transportation Authority 5;4* - - Meena Kata is Department Manager Orange County Transportation Authority Date ML U' Accepted and Agreed ravis K. Hopkins Director of Public Works City of Huntington Beach AGREEMENT NO. C-1-2765 ATTACHMENT A-7 LETTER AGREEMENT NO. 7 M2 CTFP MASTER FUNDING AGREEMENT City of Huntington Beach - Project List Letter CTFP Programmed Agreement Project Description Amount Fiscal Year Board Datel No. A Pr 'Cwf Capaci r C J,I- I Beach Boulevard (State Route 39) and Warner Avenue Widening (Engineering) $105,225.00 2011-12 6/27/2011 Brookhurst Street/Adams Avenue Widening (Engineering) $274,507.88 2012-13 6/27/2011 Beach Boulevard (State Route 39) 4th Northbound Thru Lane (Engineering) $130,575.00 2012-13 4/23/2012. 2 Beach Boulevard (State Route 39) 4th Northbound Thru Lane (Construction) $136,331.00 2013-14 4/23/20121 2 Cumulative Program Total, $646,638.88, VIM' 11ph U A iw WX 95, e fopffienitiri McFadden/Edwards and Heil/Algonquin Catch Basin Project $33,000.00 2011-12 8/8/2011 1 First Street Supervisory Control and Data Acquisition Project $63,000.00 2012-13 8/13/2012 3 Northwest Catch Basin Retrofit Project - Phase 1 $199,588.00 2013-14 9/23/2013 4 Adams Ave. and Bushard St.Bioswale Project $635,955.00 2014-15 4/14/2014 6 Huntington Beach Catch Basin Retrofit Project $193,827.00 2014-15 9/22/2014 7 Cumulative Program Total. $1,125,370.001 , r 'T - c t "A A� 60rog 299 _Ix Cumulative Program Total $0.001 g dl-P otAl (A ect 0 08 'W r gj, Page 1 of 1 Pie - Dept. ID PW 14-064 Page 1 of 2 Meeting Date: 10/6/2014 4#46 vL'-b 7-0 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 10/6/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of Amendment No. 2 to Agreement No. C-1- 2765 with Orange County Transportation Authority (OCTA) for M2 Comprehensive Transportation Funding Programs (CTFP) Statement of Issue: Amendment No. 2 to Agreement No. C-1-2765 modifies language with regards to Letter Agreements, delegation of authority and auditing related to projects funded by the Comprehensive Transportation Funding Program. City Council is asked approve Amendment No. 2. Financial Impact: No financial impact Recommended Action: Authorize the Mayor and City Clerk to execute "Amendment No. 2 to Master Funding Agreement No. C-1-2765 Between Orange County Transportation Authority and City of Huntington Beach for M2 Comprehensive Transportation Funding Programs." Alternative Action(s): Deny authorization and direct staff on how to proceed. Denial may jeopardize Measure M2 funding. Analysis: On November, 21, 2011, the City executed Agreement No. C-1-2765 with the Orange County Transportation Authority (OCTA). This agreement clarifies the roles and responsibilities of OCTA and the City with respect to execution and delivery of transportation projects funded by the Comprehensive Transportation Funding Program (CTFP). The agreement also delegates authority to the Director of Public Works to approve Letter Agreements, which identify the current projects being funded by the ongoing CTFP. The proposed amendment clarifies and modifies the numbering of the Letter Agreements and Amendments, delegation of authority, and audit and inspection language. Environmental Status: Not applicable for this item. Strategic Plan Goal: Improve the City's infrastructure Item 16. - 1 T- s -_ _Z - Dept. ID PW 14-064 Page 2 of 2 Meeting Date: 10/6/2014 Attachment(s): "Amendment No. 2 to Master Funding Agreement No. C-1-2765 between Orange County Transportation Authority and City of Huntington Beach for M2 Comprehensive Transportation Funding Programs" Item 16. - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO.2 TO MASTER FUNDING AGREEMENT NO. C-1-2765 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF HUNTINGTON BEACH FOR M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS THIS AMENDMENT NO. 2 is effective this ;Z day of Qc k bei- 2014, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"), and the City of Huntington Beach, 2000 Main St., Huntington Beach, CA 92648, a municipal corporation (hereinafter referred to as "AGENCY") each individually known as "Party" and collectively known as the "Parties". WITNESSETH: WHEREAS, by Agreement No. C-1-2765 dated December 28, 2011, as last changed by Letter Agreement No. 5 dated November 15, 2013, AUTHORITY and AGENCY entered into a Master Funding Agreement that defines the specific terms and conditions and funding responsibilities between AUTHORITY and AGENCY for Comprehensive Transportation Funding Programs (CTFP) and Local Fair Share Program Net Revenues; WHEREAS, currently Letter Agreements and Amendments to the Master Funding Agreement (Amendments) are numbered sequentially as issued; and WHEREAS, the Letter Agreements are sub -agreements to the Master Funding Agreement; and WHEREAS, the AUTHORITY and AGENCY desire to separate .theLetter Agreements from the Amendments and assign separate numbering conventions to each; and Page 1 of 4 AMENDMENT NO. 2 TO AGREEMENT NO. C-1-2765 1 WHEREAS, due to the change in the numbering convention for the Letter Agreements and 2 Amendments, this Amendment No. 2 will revise the numbering for Amendments to Agreement No. C-1- 3 2765 issued to date as follows: Amendment No. 4 dated July 1, 2013 is changed to Amendment No. 1, 4 with the subsequent Amendments to the Master Funding Agreement to be numbered sequentially 5 beginning with this Amendment No. 2; and 6 WHEREAS, the next Letter Agreement to be issued will be No. 6 with Attachment A-6; Letter 7 Agreement NoA and Attachment A-5 will not be used; and 8 WHEREAS, AUTHORITY is revising the audit language with no change to the maximum 9 cumulative obligation; and 10 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY that 11 Agreement No. C-1-2765 is hereby amended in the following particulars only: 12 1. Amend ARTICLE 5. DELEGATED AUTHORITY, page 6 of 10, to delete in its entirety 13 and in lieu thereof insert: 14 "The actions required to be taken by AGENCY in the implementation of this Agreement are 15 delegated to its Director of Public Works , or his/her designee, and the actions required to be taken by 16 AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief Executive 17 Officer or designee." 18 2. Amend ARTICLE 6. AUDIT AND INSPECTION, page 6 of 10, last changed by 19 Amendment 4 (now identified as Amendment No. 1) dated July 1, 2013, to delete in its entirety and in 20 lieu thereof insert: 21 "AUTHORITY and AGENCY shall maintain a complete set of records in accordance with 22 generally accepted accounting principles. Upon reasonable notice, AGENCY shall permit the 23 authorized representatives of the AUTHORITY to inspect and audit all work, materials, payroll, 24 contracts, books, accounts, and other data and records of AGENCY for a period of five (5) years after 25 final payment by AUTHORITY for CTFP projects. For the Local Fair Share program, upon reasonable 26 notice, AGENCY shall permit the authorized representatives of the AUTHORITY to inspect and audit all Page 2 of 4 AMENDMENT NO.2 TO AGREEMENT NO. C-1-2765 work, materials, payroll, contracts, books, accounts, and other data and records of AGENCY for a period of five (5) years after expenditure of funds or five (5) years after final payment of debt service where local fair share revenues were pledged, whichever is longer. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in contracts with AGENCY's contractor(s)." 3. Amend ARTICLE 8. ADDITIONAL PROVISIONS, page 9 of 10, Paragraph L, to update AUTHORITY's contact information. To AGENCY: To AUTHORITY: City of Huntington Beach Orange County Transportation Authority 2000 Main St. 550 South Main Street Huntington Bch, CA 92648 P.O. Box 14184 ATTENTION: Travis Hopkins Director of Public Works Tel: (714) 536-5437 E-mail: hbpdinfo@hbpd.org Orange, CA 92863-1584 ATTENTION: Michael Le Associate Contract Administrator Tel:(714) 560 — 5314 E-mail: mle1 _octa.net Page 3 of 4 1! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 �6 s AMENDMENT NO.2 TO AGREEMENT NO. C-1-2765 The balance of Agreement No. C-1-2765 remains unchanged IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement C-1-2765 to be executed as of the date first above written. CITY OF HUNTINGTON BEACH ORANGE TRANSPORTATION AUTHORITY By: By: ,y Matthew Harper Meena Katakia Mayor Manager, Capital Projects ATTEST: APPROV AS TO FORM': C� By By: S;I& rlx J a Flynn Kennard R. Smart, Jr. it Clerk General Counsel APPROVED AS TO FORM: By Hennifer McGrath zoq iy CtA1Ig Dated: Page 4 of 4 4.s tea, BOARD OF DIRECTORS Shawn Nelson Chairman Jeffrey Lailoway Vice Chairman Patricia Bates Director Lori Donchak Director Matthew Harper Director Michael Hennessey Director Steve Jones Director Gary A. Miller Director John Moorlach Director Al Murray Director Janet Nguyen Director Miguel Pulido Director Tim Shaw Director Todd Spitzer Director Tom Tait Director Frank Ury Director Gregory T. Winterbottom Director Ryan Chamberlain Ex-Officio Member CHIEF EXECUTIVE OFFICE Darrell Johnson Chief Executive Officer October 23 2014 Joan L. Flynn City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT: OCTA'S AMENDMENT NO. 2 TO MASTER FUNDING AGREEMENT NO. C-1-2765 Dear Ms. Flynn: Enclosed please find one original of the above referenced subject for your records. Should you have any contractual related questions, please feel free to contact Michael Le at (714) 560-5314 or by e-mail at mle1@octa.net. Sincerely,-- L. X Marla Ewing (� Senior Office Spe'dialist 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) BOARD OF DIRECTORS Shawn Nelson Chairman Jeffrey Lalloway Vice Chairman Patricia Bates Director Lori Donchak Director Matthew Harper Director Michael Hennessey Director Steve Jones Director Gary A. Miller Director John Moorlach Director Al Murray Director Janet Nguyen Director Miguel Pulido Director Tim Shaw Director Todd Spitzer Director Tom Tait Director Frank Ury Director Gregory T. Winterbottom Director Ryan Chamberlain Ex-Officio Member CHIEF EXECUTIVE OFFICE Darrell Johnson Chief Executive Officer May 12, 2014 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Subject: Agreement No. C-1-2765, City of Huntington Beach, "M2 CTFP Master Funding Agreement" — Letter Agreement No. 6 'Dear -Mr., Hopkins: This Letter Agreement serves as the Orange County Transportation Authority's (OCTA) approval to amend Agreement No. C-1-2765, Attachment A-4 "Projects List". OCTA is deleting Attachment A-4, in its entirety, as identified in Article 4 "Responsibilities of Agency", paragraph A, and in lieu thereof is inserting the revised "Project List", attached hereto as Attachment A-6, which is incorporated and made a part of the Agreement. All provisions set forth in Master Funding Agreement No. C-1-2765 apply. The following additional provisions apply to the Project X project(s) approved by the Board on April 14, 2014: 1. Project X "Environmental Clean Up Program" anticipates using in kind services such as ongoing operation and maintenance of projects must include semi-annual reporting and. expenditure verification of matching funds including backup documentation as part of the semi-annual review (SAR) reporting process and include in the M2 Eligibility Expenditure Report due within six months of the end of the jurisdiction's fiscal year. Failure to provide reporting and or evidence of on -going in -kind services for the life of the project will result in disqualification of Agency participation on future competitive calls for Comprehensive Transportation Funding Programs (CTFP) projects. If you have any questions, please feel free to contact Roger Lopez at (714) 560-5438. Orange County Transportation Authority 550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) Agreement No. 1-2765, City of Huntington Beach Master Funding Agreement — Letter Agreement No. 6 Page 2 Please execute this letter agreement and return the signed original to the attention of Michael Le, Associate Contract Administrator at (714) 560-5314, mle _octa.net. Upon full execution of the letter agreement, the effective date will be July 1, 2014. Kia Mortazavi Executive Director,iiP_lanning Orange County Transportation Authority Department Manager Orange County Transportation Authority low-t� Date Accepted and Agreed Travis Hopkins Director of Public Works City of Huntington Beach AGREEMENT NO. C-1-2765 ATTACHMENT A-6 LETTER AGREEMENT NO. 6 M2 CTFP MASTER FUNDING AGREEMENT City of Huntington Beach - Project List Letter, CTFP Programmed Agreement Project Description Amount Fiscal Year Board Date No. Beach Boulevard (State Route 39) and Warner Avenue Widening (Engineering) $105,225.00 2011-12 6/27/2011 Brookhurst Street/Adams Avenue Widening (Engineering) $274,507.88 2012-13 6/27/2011 Beach Boulevard (State Route 39) 4th Northbound Thru Lane (Engineering) $130,575.00 2012-13 4/23/2012 2 Beach Boulevard (State Route 39) 4th Northbound Thru Lane (Construction) $136,331.00 2013-14 4/23/2012 2 1 Cumulative Program Total $646,638.88_ K M, Project X 'C r6h"! Wan! McFadden/Edwards and Heil/Algonquin Catch Basin Project $33,000.00 2011-12 8/8/2011 1 First Street Supervisory Control and Data Acquisition Project $63,000.00 2012-13 8/13/2012 3 Northwest Catch Basin Retrofit Project - Phase 1 $199,588.00 2013-14 9/23/2013 4 Adams Ave. and Bushard St. Bioswale Project $635,955.001 2014-15 4/14/2014 6 Cumulative Program Total $931,543.001 P, -S-" h'- za 1pP d Signal, Cumulative Program Total $0.00 t Total (All Pro)ects) $1,578,181-!-881'-- City Of Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk October 14, 2014 Orange County Transportation Authority ATTN: Michael Le, Associate Contract Administrator 550 South Main Street P. O. Box 14184 Orange, CA 92863-1584 Dear Mr. Le: Enclosed are two originals each of OCTA's "Amendment No. 2 to Master Funding Agreement No. C-1-2765 Between OCTA and City of Huntington Beach" and OCTA's Letter Agreement No. 6, W2 CTFP Master Funding Agreement." Upon complete execution, please return one original to us. Please mail the documents to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Feel free to contact me if there are any questions or concerns at (714) 536-5404. Thank you very much for your assistance. Sincerely, JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand BOARD OF DIRECTORS Gregory T. Winterbottom Chairman Shawn Nelson Vice Chairman Patricia Bates Director Lori Donchak Director Gail Eastman Director Matthew Harper Director Michael Hennessey Director Steve Jones Director Jeffrey Lalloway Director Gary A. Miller Director John Moorlach Director Al Murray Director Janet Nguyen Director Miguel Pulido Director Tim Shaw Director Todd Spitzer Director Frank Ury Director Ryan Chamberlain Ex-Ofh'cio Member CHIEF EXECUTIVE OFFICE i Darrell Johnson Chief Executive Officer June 11, 2014 Travis Hopkins Public Works Director City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT: OCTA'S AMENDMENT NO. 2 TO MASTER FUNDING AGREEMENT NO. C-1-2765 SUBJECT: OCTA'S LETTER AGREEMENT NO. 6 TO MASTER FUNDING AGREEMENT NO. C-1-2765 -4— Lbw Nd-V U\rZ;e CWtJC-tL pLRw,:x_ 1wuu>9 uumA MMUPi(I OF AT*wPM*-Y1C No Z Dear Mr. Hopkins: -n 0CTA Enclosed are two originals of each of the a ove mentioned subjects for your review and signature. Please execute the originals where indicated, n blue ink and return. Please send the executed documents to: Michael Le Associate Contract Administrator OCTA 550 South Main Street P.O. Box 14184 Orange, CA. 92863-1584 Should you have any contractual related questions, please feel free to contact Michael Le at (714) 560-5314 or by e-mail at mle1@octa.net. Sincerely, Marla Ewing Senior Office Tialist Contracts Administration and Materials Management Orange County Transportation Authority 550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO.4 MASTER FUNDING AGREEMENT NO. C-1-2765 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF HUNTINGTON BEACH FOR M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS THIS AMENDMENT NO. 4 is effective this day of ill/, 2013, by and between the Orange County Transportation Authority ("AUTHORITY"), and the City of Huntington Beach, a municipal corporation (hereinafter referred to as "AGENCY"). WITNESSETH: WHEREAS, by Agreement No. C-1-2765 dated December 28, 2011, as last changed by Letter Agreement No. 3, dated September 7, 2012, AUTHORITY and AGENCY entered into a Master Funding Agreement that defines the specific terms and conditions and funding responsibilities between AUTHORITY and AGENCY for Comprehensive Transportation Funding Programs (CTFP) and Local Fair Share Program Net Revenues; WHEREAS, AUTHORITY is revising the audit provision language with no change to the maximum cumulative obligation; and NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY that Agreement No. C-1-2765 is hereby amended in the following particulars only: 1. Amend ARTICLE 3. RESPONSIBILITIES OF AUTHORITY, page 4 of 10, Paragraph G, to delete in its entirety and in lieu thereof insert: "AUTHORITY, or agents of AUTHORITY, may upon close-out off each PROJECT(s) under this Agreement, perform a technical or field review to ensure that CTFP Guidelines were followed. Such review may be performed after an acceptable final report has been submitted for each Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AMENDMENT NO.4 TO AGREEMENT NO. C-1-2765 PROJECT(s). If the review determines that any of the activities performed are ineligible for CTFP funding, AGENCY must return the amount of funding used to perform the ineligible activity to AUTHORITY in accordance with Article 4.G." 2. Amend ARTICLE 6. AUDIT AND INSPECTION, page 7 of 10, line 1, to delete "a period of four (4) years" and in lieu thereof insert "a period of five (5) years." The balance of Agreement No. C-1-2765 remains unchanged IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to Agreement C-1-2765 to be executed as of the date first above written. CITY OF H NTINGTON BEACH By: (�� ;9MA dw," Connie Boardman Mayor ORANGE C TRA RTATION AUTHORITY By: Meena Katakia Manager, Capital Projects ATTEST: APPROYED AS TO FORM: y: By: un��' J an L. Flynn Kennard R. Smart, Jr. ity Clerk General Counsel APPROVED AS TO FORM: Jennifer McGrath "l3 City Attorney Dated: 2� " c: Page 2 of 2 ----------------------------------------------------------------------------------------------_------�-- �------------�` Req.By: MARJORIE MORRIS-THREATS OCTA PROD Page: 2 Run on: 06/18/13 at: 10:54:54 Report: MSR23CA ------------------------------------------------------------------------------------------------------------------------------------ ***** PURCHASE REQUISITION REPRINT ***** Version: 5.2.37.AA9 Date Date Material Related---------Authorised----------- Req.No Requested By: 0000004302 Priority: Entered Required Group W/H Req. By Date Value 013926 KAMERON ALTAR 02/05/13 07/01/13 0000004421 05/08/13 0.02 Delivery Instruction: Suggested Supplier: Purchasing Question Purchasing Answer Budget Year FT13/14 Encumbered No Grant Funded No Form 10-C (GRANTS Dept) Purchasing Instructions: PM = ROGER LOPEZ / ABBE MCCLENAHAN AMEND AGREEMENT C-1-2765 WITH THE CITY OF HUNTINGTON BEACH TO UPDATE ARTICLE 3.G AND ARTICLE 6 TO REVISE AUDIT PROVISION LANGUAGE ------------------Default Costing Details ------------------------------ Equipment Reference Project/Work Order Account Code 0017SP001P577831 Item Quantity UOM Est. Price Description/Mnemonic and Part Number 1 1.00 EA 0.02 AMEND C-1-2765 WITH THE CITY OF HUNTINGTON BEACH TO REVISE Status: Not Ordered AUDIT PROVISION LANGUAGE 100.00 Proforma/ Lead Order No. Supplier Time Frt Dlv Act. Price ----------- --------- I _ I I I ---- BOARD OF DIRECTORS July 24, 2013 Gregory T. Winterbottom Chairman Shawn Nelson Vice Chairman Joan Flynn Patricia Bates City Clerk Director 2000 Main Street Lori Donchak Huntington Beach, CA 92648 Director Gait Eastman Director SUBJECT: OCTA'S AMENDMENT NO. 4 TO MASTER FUNDING Matthew Harper Director AGREEMENT NO. C-1-2765 Michael Hennessey Director Dear Ms. Flynn: Steve Jones Director Enclosed please find one copy of the above referenced subject for your Jeffrey Lalloway records. Director Gary A. Miller Should you have any contractual related questions, please feel free to contact Director Megan Bornman at (714) 560-5064 or by e-mail at mbornman@octa.net. John Moorlach Director Al Murray Sincerely,-,-,. Director Janet Nguyen Director Miguel PuF,db, Director Marla Ewing Tim Shaw Senior Office Spqecialist Director Contract Administration and Materials Management Todd Spitzer Director Enclosure(s) Frank Ury Director Ryan Chamberlain Ex-Officio Member CHIEF EXECUTIVE OFFICE Darrell Johnson Chief Executive Officer Orange County Transportation Authority 550 South Main Street / P.O. Box 14134 / Orange / California 92363-1534 ! (714) 560-OCTA (6232) City ®f Huntington Beach 2000 Main Street s Huntington Beach, CA 92648 (714) 536-5227 s www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk July 11, 2013 Marjorie Morris -Threats Senior Contract Administrator — Capital Projects OCTA 550 South Main Street P. O. Box 14184 Orange, CA 92863-1584 Dear Ms. Morris -Threats: Enclosed please find the original of the "Amendment No. 4 Master Funding Agreement No. C-1-2765 Between Orange County Transportation Authority and City of Huntington Beach for M2 Comprehensive Transportation Funding Programs.". Upon execution, please return a copy to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, JF: pe Enclosure: Agreement Sister Cities: Anjo, Japan ® Waitakere, New Zealand BOARD OF DIRECTORS Gregory Viinterbottom Chairman Shawn Nelson Vice Chairman Patricia Bates Director Lori Donchak Director Gail Eastman Director Matthew Harper Director Michael Hennessey Director Steve Jones Director Jeffrey Lalloway Director Gary A. Miller Director John Moorlach Director AI Murray Director Janet Nguyen Director Miguel Pulido Director Tim Shaw Director Todd Spitzer Director Frank Ury Director Ryan Chamberlain Ex-Officio Member CHIEF EXECUTIVE OFFICE Darrel( Johnson Chief Executive Officer June 26, 2013 Travis K. Hopkins Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT: OCTA'S AMENDMENT NO. 4 TO MASTER FUNDING AGREEMENT NO. C-1-2765 Dear Mr. Hopkins: Attached is one original of the above mentioned subject for your review and signature. Please execute the original of this Amendment where indicated, in blue ink and return to Marjorie Morris -Threats as soon as possible to: Marjorie Morris -Threats Senior Contract Administrator — Capital Projects OCTA 550 South Main Street P.O. Box 14184 Orange, CA. 92863-1584 Should you have any contractual related questions, please feel free to contact Marjorie Morris -Threats at (714) 560-5633 or by e-mail at mthreats@octa.net. Sincerely, Marla Ewing Senior 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) AFFILIATED AGENCIES Orange County Transit District Local Transportation Authority Service Authority for Freeway Emergencies Consolidated Transportation Service Agency Congestion Management .Agency Service Authority for Abandoned Vehicles September 7, 2012 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 CM FPA PM f 1r, D'ek►ti ti•1vzCc Vendor ►z , tw-r- .� Subject: Agreement No. C-1-2765, City of Huntington Beach, "M2 CTFP Master Funding Agreement" — Letter Agreement No. 3 Dear Mr. Hopkins: This Letter Agreement serves as the Orange County Transportation Authority's (OCTA) approval to amend Agreement No. C-1-2765, Attachment A-2 "Projects List". OCTA is deleting Attachment A-2, in its entirety, as identified in Article 4 "Responsibilities of Agency", paragraph A, and in lieu thereof is inserting the revised "Project List", attached hereto as Attachment A-3, which is incorporated and made a part of the Agreement. All provisions set forth in Master Funding Agreement No. C-1-2765 apply. The following additional provisions to the subject project was approved by the Board on August 13, 2012: Project X "Environmental Clean Up Program" anticipates using in kind services such as ongoing operation and maintenance of projects must include semi-annual reporting and expenditure verification of matching funds including backup documentation as part of the semi-annual review (SAR) reporting process and include in the M2 Eligibility Expenditure Report due within six months of the end of the jurisdiction's fiscal year. Failure to provide reporting and or evidence of on -going in -kind services for the life of the project will result in disqualification of Agency participation on future competitive calls for Comprehensive Transportation Funding Programs (CTFP) projects. If you have any questions, please feel free to contact Roger Lopez at (714) 560-5438. Orange County Transportation Authority 550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) Agreement No. 1-2765, City of Huntington Beach Master Funding Agreement — Letter Agreement No. 3 Page 2 Please execute this letter agreement and return the signed original to the attention of Marvin Cruz, Senior Contract Administrator at (714) 560-5568, mcruza-octa.net. Upon full execution of the letter agreement, the effective date will be August 13, 2012. Kia Mortazavi Executive Director, anning Orange County Transportation Authority Meena Kat Department Manager Orange County Transportation Authority Date VIL Accepted and Agreed 'Travis K. Hopkins Director of Public Works City of Huntington Beach AGREEMENT NO. C-1-2765 ATTACHMENT A-3 LETTER AGREEMENT NO. 3 M2 CTFP MASTER FUNDING AGREEMENT City of Huntington Beach - Project List Project Description CTFP Amount Programmed Fiscal Year Board Date Letter Agreement No. Project O "Regional Capacity Program" Beach Boulevard (State Route 39) and Warner Avenue Widening (Engineering) $105,225.00 2011-12 6/27/2011 Brookhurst Street/Adams Avenue Widening (Engineering) $274,507.88 2012-13 6/27/2011 Beach Boulevard (State Route 39) 4th Northbound Thru Lane (Engineering) $130,575.00 2012-13 4/23/2012 2 Beach Boulevard (State Route 39) 4th Northbound Thru Lane (Construction) $136,331.00 2013-14 4/23/2012 2 Cumulative Program Total $646,638.88 Project X "Environmental Clean Up" McFadden/Edwards and Heil/Algonquin Catch Basin Project $33,000.00 2011-12 8/8/2011 1 First Street Supervisory Control and Data Acquisition Project $63,000.00 2012-13 8/13/2012 3 Cumulative Program Total $96,000.00 Project P "Regional Traffic Signal Synchronization Program" Cumulative Program Total $0.00 Total (AII Projects) $742,638.88 ------------------------------------------------------------------------------------------------ Req.By: MARVIN CRUZ OCTA PROD - Page: 2 Run on: 09/28/12 at: 10:40:25 Report: MSR23CA --------------------------------------------------------------------------------------------------------- ***** PURCHASE REQUISITION REPRINT ***** Version: 5.2.37.AA9 Date Date Material Related---------Authorised----------- Req.No Requested By: 0000004302 Priority: Entered Required Group W/H Req. By Date Value 013106 KAMERON ALTAR 08/15/12 08/17/12 0000004059 08/20/12 63000.00 Delivery Instruction: Suggested Supplier: Purchasing Question Purchasing Answer Budget Year FY 12/13 Encumbered No Grant Funded No Form 10-C (GRANTS Dept) Purchasing Instructions: PM= Dan Phu, Abbe McClenahan, Roger Lopez Amend master funding agreement C-1-2765 with the City of Huntington Beach for the Environmental Cleanup Allocation Tier 1 call for projects. Design and install a SCADA system to automatically open and close diversion valve within an existing 12" storm drain pipe. A flow weir will also be constructed. Board approval date: 8/13/12 ------------------Default Costing Details ------------------------------ Equipment Reference Project/Work Order Account Code 0017MX001T6S7831 Item Quantity UOM Est. Price Description/Mnemonic and Part Number 1 1.00 EA 63000.00 Amend master funding agreement C-1-2765 with the City of Status: Not Ordered Huntington Beach (CTFP) 100.00 Proforma/ Lead Order No. Supplier Time Frt DIV Act. Price 0.001 ----------------------------------------------------I AFFILIATED AGENCIES Orange County Transit District Local Transportation Authority Service Authority for Freeway Emergencies Consolidated Transportation Serrtce Agency Congestion Management Agency Service Authority for Abandoned Vehicles August 16, 2012 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Subject: Funding Agreement No. C-1-2765, City of Huntington Beach, "M2 CTFP Master Funding Agreement" - Letter Agreement No. 2 Dear Mr. Hopkins This Letter Agreement serves as the Orange County Transportation Authority's (OCTA) approval to amend Master Funding Agreement No. C-1-2765, Attachment A "Projects List". OCTA is deleting Attachment A, in its entirety, as identified in Article 4 "Responsibilities of Agency", paragraph A, and in lieu thereof is inserting the revised "Project List", dated and effective April 23, 2012 attached hereto as Attachment A-2, which is incorporated and made a part of the Agreement. Attachment A-2 reflects the addition of newly approved project funding and is exclusive of Semi -Annual Review adjustments. All provisions set forth in Agreement No. C-1-2765 apply. The following additional provisions apply to Project(s) approved by the Board of Directors on April 23, 2012: 1. For project(s) granted both planning and implementation funding as part of this call, the City agrees that such projects waive the opportunity to request any project delays. Any failure to obligate funds within the programmed year will result in a loss of funding for these projects. If you have any questions, you may contact Roger Lopez, Project Manager at 714-560-5438. Orange County Transportation Authority 550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) Agreement No. C-1-2765, City of Huntington Beach Master Funding Agreement — Letter Agreement No. 2 Page 2 Please execute this letter agreement and return the signed original to the attention of Marvin Cruz, Senior Contract Administrator at 714-560-5568, mcruz(ab-octa.net. Kia Mortazavi Executive Direct anning Orange County Transportation Authority Meena Katakia- Department Manager Orange County Transportation Authority Date: 4-V Accepted1 and Agreed d `Travis K. Hop kins Director of Public Works City of Huntington Beach AGREEMENT NO. C-1-2765 ATTACHMENT A-2 LETTER AGREEMENT NO. 2 M2 CTFP MASTER FUNDING AGREEMENT City of Huntington Beach - Project List Effective April 23, 2012 Project Description CTFP Amount Programmed Fiscal Year Board Date Letter Agreement No. Project 0 "Regional Capacity Program" Beach Boulevard (State Route 39) and Warner Avenue Widening (Engineering) $105,225.00 2011-12 6/27/2011 Brookhurst Street/Adams Avenue Widening (Engineering) $274,507.88 2012-13 6/27/2011 Beach Boulevard (State Route 39) 4th Northbound Thru Lane (Engineering) $130,575.00 2012-13 4/23/20121 2 Beach Boulevard (State Route 39) 4th Northbound Thru Lane (Construction) $136,331.00 2013-14 4/23/2012 2 Cumulative Program Total $646,638.88 Project X "Environmental Clean Up" McFadden/Edwards and Heil/Algonquin Catch Basin Project $33,000.00 2011-12 8/8/2011 1 Cumulative Program Total $33,000.00 Project P "Regional Traffic Signal Synchronization Program" Cumulative Program Total $0.00 Total (All Projects) $679,638.88 ------------------------------------------------------------------------------------------------------------------------------------ Req.By: MARVIN CRUZ OCTA PROD Page: 2 Run on: 05/22/12 at: 11:07:02 Report: MSR23CA ------------------------------------------------------------------------------------------------------------------------------------ ***** PURCHASE REQUISITION REPRINT ***** Version: 5.2.37.AA9 Date Date Material Related---------Authorised----------- Req.No Requested By: 0000004302 Priority: Entered Required Group W/H Req. By Date Value 012351 XAMERON ALTAR 03/14/12 07/02/12 0000004059 03/27/12 266906.00 Delivery Instruction: Suggested Supplier: Purchasing Question Purchasing Answer Budget Year FY 12/13 Encumbered No Grant Funded No Budget Xfer (FP&A USE ONLY) Purchasing Instructions: PM= Abbe McClenahan / Roger Lopez incorporate grant allocations awarded through the 2011-12 CTFP call for projects Req approved pending FY13 FAB ------------------Default Costing Details ------------------------------ Equipment Reference Project/Work Order Account Code 0017SOOO1TH47831 Item Quantity UOM 1 1.00 EA Status: Not Ordered Est. Price Description/Mnemonic and Part Number 100.00 Proforma/ Lead Order No. Supplier Time Frt Dlv Act. Price 266906.00 amend master funding agreement with the City of Huntington Beach, attachment A I 0.001 I------------------- --------------------------------I BOARD OF DIRECTORS Patricia Bates Chair Paul Glaab Vice Chair Jerry Amante Director Don Sankhead Director Bill Campbell Director Carolyn Cavacche Director Larry Crandall Director William J. Dalton Director Lorri Gallcway Director Dort Hansen Director Michaei Hennessey Director Peter Herzog Director John Mooriach Director Shawn Nelson Director Janet Nguyen Director Miguel Pulido Director Greg Winterbottom Director Cindy Ouon Govemor's Ex-Officio Member !:,YEF EXECUTIVE OFFICE Will Kempton Chief Executive Officer September 8, 2011 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Distributed: i Accounting CAMM i=PA Vendor V CA JVJ ,&jiA Z/' Subject: Agreement No. C-1-2765, City of Huntington Beach, "M2 CTFP Master Funding Agreement" — Letter Agreement No. 1 Dear Mr. Hopkins: This Letter Agreement serves as the Orange County Transportation Authority's (OCTA) approval to amend Agreement No. C-1-2765, Attachment A "Projects List". OCTA is deleting Attachment A, in its entirety, as identified in Article 4 "Responsibilities of Agency", paragraph A, and in lieu thereof is inserting the revised "Project List", attached hereto as Attachment A-1, which is incorporated and made a part of the Agreement. All provisions set forth in Master Funding Agreement No. C-1-2765 apply. The following additional provisions to project(s) approved by the Board on June 13, 2011 and August 8, 2011: 1. Project X "Environmental Clean Up" and Project P "Regional Traffic Signal Synchronization Program" projects using in kind services such as ongoing operation and maintenance of projects must include semi-annual reporting and expenditure verification of matching funds including backup documentation as part of the semi-annual review (SAR) reporting process and include in the M2 Eligibility Expenditure Report due within six months of the end of the jurisdiction's fiscal year. Failure to provide reporting and or evidence of on- going in -kind services for the life of the project will result in disqualification of Agency participation on future competitive calls for CTFP projects. If you have any questions, you may contact Roger Lopez at (714) 560-5438 Please execute this letter agreement and return the signed original to the attention of Marvin Cruz, Senior Contract Administrator at (714) 560-5568, mcruz(Qocta.net. Orange County Tiansportation Authority 550 South Main Street / P.O. Box 14184 / 0mnge / California 92863-1584 / (714) 5S0-OCT,4 (6282) 0 Agreement No. 1-2765, City of Huntington Beach Master Funding Agreement — Letter Agreement No. 1 Page 2 Kia Morfazavi `~ Executive Director, nning Orange County Transportation Authority Meena Katakia Department Manager Orange County Transportation Authority Accepted and Agreed TrTr is K.. Hopkins Director of Public Works City of Huntington Beach Orange County Transportation Authority 550 South Main Street / P. 0. Box 14184 / Orange / Califomia 92863-1584 / ("/14) 560-OC IA (6282) M2 CTFP MASTER FUNDING AGREEMENT City of Huntington Beach - Project List Letter CTFP Programmed I Agreement Project Description Amount Fiscal Year Board Date No. tb "R ggional Iba a Ity PO Beach Boulevard (State Route 39) and Warner Avenue Widening (Engineering) $105,225.00 2011-12 6127/2011 Brookhurst Street/Adams Avenue Widening (Engineering) $274,507.88 2012-13 6/27/2011 Cumulative Program Total $379,732.88 McFadden/Edwards and Heil/Algonquin Catch Basin Project $33,000.00 2011-12 8/812011 1 Cumulative Program Total Project p P*90qlppara Cmil Signal ... ...... .�S :.....'yn.ch—ro,nizat,_09:11991WR Cumulative Program Total -7 --- 7-7-� MOO -.6taIJAI P 1, rojects) ------------------------------------------------------------------------------------------------------------------------------------ Req.By: MARVIN CRUZ OCTA PROD Page: 2 Run on: 12/12/11 ate 15:38:33 Report: MSR23CA ***** PURCHASE REQUISITION REPRINT ***** version: 5.2.37.AA9 -------------------------------------------------------------------------------------------------- —-------------------------------- Req.No Requested By: 0000004302 011263 KAMERON ALTAR Delivery Instruction: Suggested Supplier: Purchasing Question Budget Year Encumbered Grant Funded Budget Xfer (FP&A USE ONLY) Purchasing Instructions: PM -Roger Lopez Date Date Material Related ---------Authorised----------- Priority: Entered Required Group W/H Req. By Date Value 08/11/11 09/30/11 0000004059 08/16/11 33000,00 Purchasing Answer FY 11/12 No No 35 automatic retractable screens (ARS) Board approved 8/8/11 ------------------Default Costing Details ------------------------------- Equipment Reference Project/Work Order Account Code 0017MX001T6S7831 Item Quantity UOM Est. Prase Description/Mnemonic and Part Number 1 1.00 EA 33000.00 Amend Master Coop C-1-2765 with the Ciyt of Huntington Beach via letter Status: Not Ordered agreement for the Environmental Cleanup Allocation Program 100.00 Pro£orma/ Lead Order No. Supplier Time Frt Dlv Act. Prase I I I I I I I I I I I I 0.00 I---------------------------------------------------- I Council/Agency Meeting Held: Deferred/Continued to: TAAp ov d ❑ Conditionally Approved ❑ Denied C y blerks Sig tune Council Meeting Date: November 21, 2011 Department ID Number: PW 11-057 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Adopt Resolution No. 2011-84 authorizing Orange County Transportation Authority (OCTA) funding for transportation and environmental construction improvements under the Comprehensive Transportation Funding Program (CTFP) Statement of Issue: The Orange County Transportation Authority (OCTA) has submitted a Master Funding Agreement to the City of Huntington Beach which clarifies the roles and responsibilities of the Orange County Transportation Authority and the City of Huntington Beach with respect to execution and delivery of transportation projects funded by the Comprehensive Transportation Funding Program (CTFP). The resolution will authorize the Mayor and City Clerk to execute this Master Funding Agreement. Financial Impact: Funds in the amount of $440,300 are appropriated for engineering and environmental studies for the intersection of Beach Boulevard and Warner Avenue with $300,000 as a prior year appropriation from the OCTA Grant Fund account No. 87390006.69300, $105,225 from fiscal year 2011/2012 Intersection Capacity Enhancement (ICE) funds from OCTA's CTFP Account No. 87390011.69300, and the City's local match of $35,075 from Gas Tax funds Account No. 20790021.69300. Funds in the amount of $885,350 are appropriated for engineering and environmental studies for the intersection of Brookhurst Street and Adams Avenue with $530,000 as a prior year appropriation from the OCTA Grant Fund Account No. 87390002.69300, $274,508 from fiscal year 2012/2013 Intersection Capacity Enhancement (ICE) funds from OCTA's CTFP Account No. 87390002.69300, and the City's local match of $88,838 from Gas Tax funds Account No. 20790019.69300. For the Catch Basin Retrofit project, matching funds in the amount of $51,000 will be provided from the Storm Drain Maintenance fund Account No. 10085501.64620. Recommended Action: Motion to: Adopt Resolution No. 2011-84, "A Resolution of the City Council of the City of Huntington Beach Authorizing Master Funding Agreement No C-1-2765 With the Orange County Transportation Authority for M2 Comprehensive Transportation Funding Programs." Item 9. - I HB -312- REQUEST FOR COUNCIL ACTION MEETING DATE: 11/21/2011 DEPARTMENT ID NUMBER: PW 11-057 Alternative Action(s): Deny adoption of the authorizing resolution and forfeit Orange County Transportation Authority project funding. Analysis: On November 8, 2010, the Orange County Transportation Authority (OCTA) announced a call for projects for the Comprehensive Transportation Funding Programs (CTFP). These programs are regional and competitive. On March 18, 2011, the City submitted the following projects to OCTA for consideration: Brookhurst Street and Adams Avenue widening Beach Boulevard and Warner Avenue widening Additionally, on April 18, 2011, the City submitted the following project to OCTA for consideration: McFadden/Edwards and Heil/Algonquin Catch Basin Retrofit Project The grant amounts requested through these applications and the corresponding local matching funds which will be required are summarized below: Project CTFP Grant Local Match 1 Brookhurst Street and Adams Avenue $274,508 $88,838 2 Beach Boulevard and Warner Avenue $105,225 $35,075 3 Catch Basin Retrofit Project $33,000 $51,000 Brookhurst Street and Adams Avenue Long Term Widening Protect — The intersection of Brookhurst Street and Adams Avenue was identified as a critical intersection in the recently completed cooperative study and interagency memorandum of understanding (MOU) regarding the Garfield/Gisler overcrossing of the Santa Ana River. To meet long-term transportation needs in the area with the proposed deletion of the Garfield - Gisler Bridge from the Master Plan of Arterial Highways (MPAH), significant improvements are needed at the intersection. Studies identified the need for one additional through lane in each direction on both Adams Avenue and Brookhurst Street along with the addition of right turn lanes on Brookhurst Street. Total project costs are expected to exceed $10 million. However, only funds for engineering and right-of-way studies are included with this grant application. Completion of these tasks will result in final plans and specifications ready for construction funding consideration under the reauthorized Measure M. 2. Beach Boulevard and Warner Avenue Intersection Improvements — Beach Boulevard is a major regional facility within Orange County and serves as one of the key north -south transportation corridors in the City of Huntington Beach. The intersection of Beach Boulevard and Warner Avenue is reaching its desirable service capacity and projected increases in traffic will result in the intersection exceeding level of service standards. HB -313- Item 9. - 2 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/21/2011 DEPARTMENT ID NUMBER: PW 11-057 The City of Huntington Beach, in cooperation with Caltrans, has identified an intersection improvement to add an additional westbound right turn lane to augment capacity and meet the immediate future needs. Total project costs are expected to be approximately $1.5 million. However, only funds for engineering and right-of-way studies are included with this grant application. Completion of these tasks will result in final plans and specifications ready for construction funding consideration under the reauthorized Measure M. 3. McFadden/Edwards and Heil/Algonquin Catch Basin Retrofit Project — This project consists of retrofitting 35 catch basins with retractable screens to prevent trash and debris from entering Huntington Harbour and the Pacific Ocean. This project will benefit aquatic life and may help prevent beach closures in the future. The Orange County Transportation Authority (OCTA) has submitted a Master Funding Agreement to the City of Huntington Beach which clarifies the roles and responsibilities of the Orange County Transportation Authority and the City of Huntington Beach with respect to execution and delivery of transportation projects funded by the Comprehensive Transportation Funding Program (CTFP). The resolution will authorize the Mayor and City Clerk to execute this Master Funding Agreement. Along with the three abovementioned projects, which are included in this Master Funding Agreement, adoption of this resolution will allow the City to execute future Supplemental Agreements for future OCTA projects. Public Works Commission Action: Not required. Environmental Status: The intersection projects at Brookhurst Street and Adams Avenue and at Beach Boulevard and Warner Avenue include the preparation of the appropriate environmental documents. The catch basin project is a maintenance function which is categorically exempt. Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Attachment(s): Resolution No.2011-84,"A Resolution of the City Council of the City of Huntington Beach Authorizing Master Funding Agreement No C-1-2765 with the Orange County Transportation Authority for M2 Comprehensive Transportation Funding Proarams" 2. 1 OCTA Master Fundina Aareement C-1-2765 3. IAgreement No. C-1-2765, M2 CTFP Master Funding Agreement — Letter Agreement No. 1 4. 1 Location ma Item 9. - 3 HB -314- y RESOLUTION NO. 2011-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING MASTER FUNDING AGREEMENT NO. C-1-2765 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS WHEREAS, on November 7, 2006, Orange County voters approved Renewed Measure M (M2); and Orange County Local Transportation Authority Ordinance No. 3 outlines the plan to fund transportation facility and services improvement programs for a period of thirty years commencing on April 1, 2011; and One of the eligibility requirements for Renewed Measure M funds is the execution of a Master Funding Agreement. This agreement clarifies the roles and responsibilities of the Orange County Transportation Authority (OCTA) and the City with respect to the execution and delivery of future transportation projects funded by the Comprehensive Transportation Funding Program (CTFP); and The estimated cost for each project is as follows: Engineering for the widening of the $355,350.00 intersection of Brookhurst Street and Adams Avenue Engineering for the widening of the $140,300.00 intersection of Beach Boulevard and Warner Avenue; and McFadden/Edwards and $84,000 Heil/Algonquin Catch Basin Retrofit Project From the estimated project costs; CTFP funds in the amount of $274,507.88 will be allocated to the Brookhurst Street and Adams Avenue project; $105,225.00 will be allocated to the Beach Boulevard and Warner Avenue project, and $33,000 will be allotted to the McFadden/Edwards and Heil/Algonquin Catch Basin Project. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 11-3051,001/72415 Resolution No. 2011-84 1. Authorize the Mayor and City Clerk to execute the necessary documents to implement the Master Funding Agreement No. C-1-2765 for the M2 Comprehensive Transportation Funding Programs with OCTA. 2. Authorize the Director of Public Works to execute the necessary documents to implement Letter Agreement No. 1 of Master Funding Agreement No. C-1-2765 for the M2 Comprehensive Transportation Funding Programs with OCTA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 st day of November , 20 11 . 0 M INITIATED AND APPROVED: Director of Pub is W ks APPROVED AS TO FORM: 4 h1z City Attorney �i (zj war 2 11-3051.001/72415 Res. No. 2011-84 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 a regular meeting thereof held on November 21, 2011 by the following vote: AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, Boardman NOES: None ABSENT: None ABSTAIN: None Cit Jerk and ex-officio &erk of the City Council of the City of Huntington Beach, California BOARD OF DIRECTORS Patricia Bates January11, 2012 Chair Paul Glaab Travis K. Hopkins, Director of Public Works Vice Chair City of Huntington Beach JerryAmante 2000 Main Street Director Huntington Beach, CA 92648 Don Bankhead Director Bill Campbell Director SUBJECT: OCTA'S MASTER FUNDING AGREEMENT NO. C-1-2765 Carolyn Cavecche Director Dear Mr. Hopkins: Larry Crandall Director Attached please find one original of the above referenced subject for your William J. Dalton records. Director Lorri Galloway Should you have any contractual related questions, please feel free to contact Director Marvin Cruz at (714) 560-5568 or by e-mail at mcruz(a7octa.net. Don Hansen Director Sincerely, Michael Hennessey Director Peter Herzog Director John Moorlach UII Smith Direct f ffice Specialist Shawn Nei Contract Administration and Materials Management Director Janet Nguyen Enclosure(s) Director Miguel Pulido Director Greg Winterbottom Director Cindy Coon Governor's Ex-Officio Member CHIEF EXECUTIVE OFFICE Will Kempton Chief Executive Officer Orange County Transportation Authority 550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) Distributed: l 1 L Accounting CAMM FPA 1 MASTER FUNDING AGREEMENT NO. C-1-2765 PM .Allfv A-m� Vendor t/ 2 BETWEEN CA ivy,t�f 3 ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 CITY OF HUNTINGTON BEACH 6 FOR 7 M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS T� 8 THIS AGREEMENT is effective this day of Pec-E-P4Ta 2011, by and g between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, 10 California 92863-1584, a public corporation of the State of California (hereinafter referred to as 11 "AUTHORITY"), and the City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648, a 12 municipal corporation (hereinafter referred to as "AGENCY"). 13 RECITALS: 14 WHEREAS, Voters approved Renewed Measure M (M2) on November 7, 2006; and 15 WHEREAS, Orange County Local Transportation Authority Ordinance No. 3 outlines the M2 1'6 Transportation Ordinance and Investment Plan to fund transportation facility and service improvement 17 programs for a period of thirty years commencing on April 1, 2011; and 18 WHEREAS, AUTHORITY and AGENCY agree that M2 funding is subject to AGENCY fulfilling 19 M2 eligibility requirements; and 20 WHEREAS, AUTHORITY's Board of Directors approved the Renewed Measure M Eligibility 21 Guidelines - Local Agency Preparation Manual on January 25, 2010 and subsequent amendments on 22 March 14, 2011 and April 11, 2011; and 23 WHEREAS, AUTHORITY's Board of Directors approved the Comprehensive Transportation 24 Funding Programs (CTFP) Guidelines on March 22, 2010; and 25 WHEREAS, AUTHORITY will periodically update the Renewed Measure M2 Eligibility �0 Guidelines - Local Agency Preparation Manual and the CTFP Guidelines whereby the most recent Page 1 of 10 L:\Camm\Marvin\Cooperative Agreements\CTFP Master Funding Agreement\Agreements\C-1-2765 City of Huntington Beach.docx MASTER FUNDING AGREEMENT NO. C-1-2765 1 '2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 update is incorporated herein by reference; and WHEREAS, AUTHORITY has approved AGENCY's competitive project(s) (hereinafter referred to as "PROJECT(s)") as specified in Attachment A "Projects List" to receive funding under the CTFP; and WHEREAS, AUTHORITY has determined that AGENCY's PROJECT(s) has met the requirements of and is eligible under the CTFP Guidelines; and WHEREAS, AGENCY's "Project List" may be amended to include new projects with each competitive call for projects and will be incorporated by Letter Agreement executed by both parties and incorporated herein; and WHEREAS, the Letter Agreement may include additional requirements for PROJECT(s) funded with sources other than M2 or Local Fair Share Net Revenues sources; and WHEREAS, AUTHORITY and AGENCY agree that Local Fair Share Program Net Revenues are distributed on a formula basis to eligible jurisdictions; and WHEREAS, payment terms for this Master Funding Agreement will be in accordance with Chapter 10 of the CTFP Guidelines; and WHEREAS, this Master Funding Agreement defines the specific terms and conditions and funding responsibilities between AUTHORITY and AGENCY for CTFP and Local Fair Share Program Net Revenues; and WHEREAS, AUTHORITY's Board of Directors approved this Master Funding Agreement on June 27, 2011; and WHEREAS, the AGENCY's City Council approved this Agreement on the Z 1 s day of NIQvEwt117EX follows: 2011; NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY as ARTICLE 1. COMPLETE AGREEMENT A. This Agreement, including any attachments incorporated herein and made applicable by Page 2 of 10 L:\Camm\Marvin\CooperativeAgreements\CTFP Master Funding Agreement\Agreements\C-1-2765 City of Huntington Beach.docx MASTER FUNDING AGREEMENT NO. C-1-2765 1 reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this :2 agreement between AUTHORITY and AGENCY and it supersedes all prior representations, 3 understandings, and communications. The invalidity in whole or in part of any term or condition of this 4 Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The above 5 referenced Recitals are true and correct and are incorporated by reference herein. 6 B. AUTHORITY'S failure to insist on any instance(s) of AGENCY's performance of any 7 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of g AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and g AGENCY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of 10 this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by 11 an authorized representative of AUTHORITY by way of a written amendment to this Agreement and 12 issued in accordance with the provisions of this Agreement. 13 C. AGENCY's failure to insist on any instance(s) of AUTHORITY's performance of any 14 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of 15 AGENCY's right to such performance or to future performance of such term(s) or condition(s), and 16 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any 17 portion of this Agreement shall not be binding upon AGENCY except when specifically confirmed in 18 writing by an authorized representative of AGENCY by way of a written amendment to this Agreement 19 and issued in accordance with the provisions of this Agreement. 20 ARTICLE 2. SCOPE OF AGREEMENT 21 This Agreement specifies the roles and responsibilities of both AUTHORITY and AGENCY as 22 they pertain to the subjects and projects addressed herein. Both AUTHORITY and AGENCY agree 23 that each will cooperate and coordinate with the other in all activities covered by this Agreement and 24 any other supplemental agreements, including Letter Agreements, which may be required to facilitate 25 purposes thereof. 26 Page 3 of 10 L:\Camm\Marvin\CooperativeAgreements\CTFP Master Funding Agreement\Agreements\C-1-2765 City of Huntington Beach.docx MASTER FUNDING AGREEMENT NO. C-1-2765 1 2 3 4 5 6 `7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY AUTHORITY agrees to the following responsibilities for funding of PROJECT(s): A. AUTHORITY shall allocate M2 Net Revenues as specified in Ordinance No. 3 and pay AGENCY in accordance with the policies and procedures contained in the CTFP manual and AUTHORITY's Board of Directors approved PROJECT budgets. B. AUTHORITY shall provide guidance and oversight of the M2, state and federal funds in compliance with M2 eligibility guidelines, CTFP Guidelines, state and federal funding requirements and allocation and reporting requirements. C. Within thirty (30) days of receipt of an acceptable initial payment CTFP invoice and within sixty (60) days for an acceptable final payment invoice for eligible expenditures, AUTHORITY shall, in accordance with Chapter 10 of the CTFP Guidelines, remit to AGENCY the required reimbursement for applicable planning, environmental, engineering, right-of-way and construction activities. D. AUTHORITY shall pay Net Revenues. allocated for the Local Fair Share Program to eligible AGENCY within sixty (60) days of receipt by AUTHORITY. E. AUTHORITY shall process any required Federal Transportation Improvement Program (FTIP) amendments, Subject to state and federal regulations and guidelines prepared by the Southern California Association of Governments. F. At the request of AGENCY, AUTHORITY shall, in accordance with AUTHORITY specification and no cost to the AGENCY excluding installation and removal expenses, provide signage for all construction PROJECT(s) that are in excess of FIVE HUNDRED THOUSAND DOLLARS ($500,000) and exceed a ninety (90) day construction schedule. G. AUTHORITY, or agents of AUTHORITY, may upon close-out of each PROJECT(s) under this Agreement, perform an audit and or technical review to ensure that CTFP Guidelines policies and procedures were followed. Such audit shall be performed within one hundred and eighty (180) days of AUTHORITY receiving the final report for each PROJECT(s). If the audit or technical review Page 4 of 10 L:\Camm\Marvin\Cooperative Agreements\CTFP Master Funding Agreeme6t\Agreements\C-1-2765 City of Huntington Beach.docx MASTER FUNDING AGREEMENT NO. C-1-2766 1 determines that any of the activities performed are ineligible for CTFP funding, AGENCY must return 2 the amount of funding used to perform the ineligible activity to AUTHORITY in accordance with Article 3 4.G. 4 ARTICLE 4. RESPONSIBILITIES OF AGENCY 5 AGENCY agrees to the following responsibilities for PROJECT(s): 6 A. AGENCY or AGENCY's designee will act as the lead agency for all phases of the 7 PROJECT(s) identified in Attachment A, approved for M2 funding. g B. AGENCY agrees that M2 funding is subject to AGENCY meeting all of the requirements g outlined in the M2 Eligibility Guidelines and CTFP Guidelines. 10 C. AGENCY agrees to implement and complete PROJECT(s) funded under this 11 Agreement in accordance with the CTFP Guidelines, M2 Eligibility requirements and application 2 submitted to AUTHORITY. 13 D. AGENCY agrees to submit all PROJECT information to the Federal Transportation 14 Improvement Program and OCFundTracker during semi-annual reviews and as requested by the 15 AUTHORITY in accordance with the prescribed deadlines. 16 E. AGENCY agrees to obligate funds in the programmed year in accordance with the 17 CTFP Guidelines and adhere to any additional requirements identified in any and all Letter 18 Agreement(s) amended hereto. 19 F. AGENCY agrees to enter into and required Letter Agreement for PROJECT(s) approved 20 by the Board to define specific funding and reporting requirements. 21 G. AGENCY shall return funds expended: on activities, other than those approved by the 22 AUTHORITY's Board of Directors, within thirty (30)'day's of AUTHORITY's written demand. Any 23 AGENCY which uses funds for other than transportation purposes shall be deemed ineligible to receive 24 funds for a period of five (5) years. 25 H. AGENCY agrees to dispose of any acquired right-of-way in excess of the required 26 transportation use. Excess right-of-way must be identified at the time of initial payment submittal and Page 5 of 10 L:\Camm\Marvin\CooperativeAgreements\CTFP Master Funding Agreement\Agreements\C-1-2765 City of Huntington Beach.docx MASTER FUNDING AGREEMENT NO. C-1-2765 1 prior to the disposal process. Resolution of any issues regarding whether or not a right-of-way is 2 excess to the transportation improvement will be by the mutual agreement of AUTHORITY and 3 AGENCY. Excess land acquired with CTFP funds shall be sold by AGENCY in accordance with 4 Government Code Sections 54220-54232 and proceeds from the sale shall be returned immediately to 5 AUTHORITY. 6 I. AGENCY will comply with all federal, state and local laws and regulations, including the 7 Renewed Measure M2 Eligibility Guidelines — Local Agency Preparation Manual and the CTFP 8 Guidelines, which are incorporated herein by reference. 9 J. AGENCY shall install and remove signage for all competitively awarded construction 10 PROJECT(s) that are in excess of $500,000 and exceed a 90 day construction period in accordance 11 with AUTHORITY specifications during construction period. AGENCY may request AUTHORITY 12 furnished signage or it may choose to provide AGENCY furnished signage so long as said signage 13 conforms to AUTHORTY specifications as follows: Signage shall include a Measure M2 logo that is a 14 minimum of twelve inches (12") tall, an OCTA logo that is a minimum of three inches (3") tall (image 15 files provided by OCTA upon request), verbiage stating "Street Improvements Funded by Measure M" 16 in Myriad Pro, bold condensed font at two hundred and fifty six (256) pt. and "Your dollars at Work" in 17 Myriad Pro, bold condensed font at hundred and eighty (180) pt. 18 ARTICLE 5. DELEGATED AUTHORITY 19 The actions required to be taken by AGENCY in the implementation of this Agreement are 20 delegated to its Director of Public Works, or his/her designee, and the actions required to be taken by 21 AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief Executive 22 Officer. 23 ARTICLE 6. AUDIT AND INSPECTION 24 AUTHORITY and AGENCY shall maintain a complete set of records in accordance with 25 generally accepted accounting principles. Upon reasonable notice, AGENCY shall permit the 26 authorized representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, Page 6 of 10 LACammWlarvin\Cooperative Agreements\CTFP Master Funding Agreement\Agreements\C-1-2765 City of Huntington Beach.docx MASTER FUNDING AGREEMENT NO. C-1-2765 accounts, and other data and records of AGENCY for a period of four (4) years after final payment, or 2 completion of audit by the AUTHORITY, or after final payment of debt service where local fair share 3 revenues were pledged, whichever is longer. For purposes of audit, the date of completion of this 4 Agreement shall be the date of AUTHORITY's payment of AGENCY's final billing (so noted on the 5 invoice) under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, 6 and accounts. The above provision with respect to audits shall extend to and/or be included in contracts 7 with AGENCY's contractor(s). g ARTICLE 7. INDEMNIFICATION g A. AGENCY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, 10 employees and agents from and against any and all claims (including attorney's fees and reasonable 1,1 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's 12 compensation subrogation claims, damage to or loss of use of property alleged to be caused by the 13 negligent acts, omissions or willful misconduct by AGENCY, its officers, directors, employees or agents 14 in connection with or arising out of the performance of this Agreement. 15 B. AUTHORITY shall indemnify, defend and hold harmless AGENCY, its officers, directors, 16 employees and agents from and against any and all claims (including attorney's fees and reasonable 17 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's 18 compensation subrogation claims, damage to or loss of use of property alleged to be caused by the 19 negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees or 20 agents in connection with or arising out of the performance of this Agreement.. 21 C. The indemnification and defense obligations of this Agreement shall survive its 22 expiration or termination. 23 ARTICLE 8. ADDITIONAL PROVISIONS 24 A. Term of Agreement: This Agreement shall continue in full force and effect through final 25 acceptance of PROJECT by AUTHORITY, or until March 31, 2041 whichever is later. This Agreement 26 may be extended at the mutual consent of both parties Page 7 of 10 L:\Camm\Marvin\Cooperative Agreements\CTFP Master Funding Agreement\Agreements\C-1-2765 City of Huntington Beach.docx MASTER FUNDING AGREEMENT NO. C-1-2765 1 B. Termination: This agreement is null and void if PROJECT is not awarded. However, 2 AUTHORITY agrees to reimburse AGENCY for any costs incurred up to the official date of notification 3 to AGENCY that PROJECT will not be awarded. ,4 C. AUTHORITY and AGENCY shall comply with all applicable federal, state, and local 5 laws, statues, ordinances and regulations of any governmental authority having jurisdiction over the 6 PROJECT(s). 7 D. Legal Authority: AUTHORITY and AGENCY hereto consent that they are authorized to 8 execute this -Agreement on behalf of said parties and that, by so executing this agreement, the parties g hereto are formally bound to the provisions of this Agreement. 10 E. Severability: If any term, provision, covenant or condition of this Agreement is held to be 11 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the 12 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or 13 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 14 F. Counterparts of Agreement: This Agreement may be executed and delivered in any 15 number of counterparts, each of which, when executed and delivered shall be deemed an original and 16 all of which together shall constitute the same agreement. Facsimile signatures will be permitted. 17 G. Force Majeure: Either Party shall be excused from performing its obligations under this 18 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable 19 cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; 20 commandeering of material, products, plants or facilities by the federal, state or local government; 21 national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of 22 such cause is presented to the other Party, and provided further that such nonperformance is 23 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. 24 H. Assignment: Neither this Agreement, nor any of the Parties rights, obligations, duties, or 25 authority hereunder may be assigned in whole or in part by either Party without the prior written consent 26 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed. Page 8 of 10 L:\Camm\Marvin\Cooperative Agreements\CTFP Master Funding Agreement\Agreements\C-1-2765 City of Huntington Beach.docx MASTER FUNDING AGREEMENT NO. C-1-2765 1 2 3, 41I 5 6 7 8 9, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. I. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the terms, in amounts, or for purposes other than as authorized by local, state or federal law. J. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement. K. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing party. L. Notices: Any notices, requests, or demands made between the parties pursuant to this Agreement are to be directed as follows: To AGENCY: To AUTHORITY: City of Huntington Beach Orange County Transportation Authority 2000 Main Street 550 South Main Street Huntington Beach, CA 92648 P,O. Box 14184 Orange, CA 92863-1584 ATTENTION: Travis K. Hopkins, Director of ATTENTION: Marvin Cruz, Senior Contract Public Works Administrator Tel: (714) 536-5437 Tel: (714) 560 — 5568 Email: thopkins@surfcity-hb.org Email: mcruzCcDocta.net Page 9 of 10 LACammwlarvin\Cooperative Agreements\CTFP Master Funding Agreement\Agreements\C-1-2765 City of Huntington Beach.docx MASTER FUNDING AGREEMENT NO. C-1-2765 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 - 25 i 26 This Agreement shall be made effective upon execution by both parties. IN WITNESS WHEREO he parties hereto have caused this Agreement No. C-1-2765 to be executed oAthe to first a e written. CGTON BEACH ORANG O RANSP RTATION AUTHORITY B By: Joe Carchio Will Kempton Mayor Chief Executive Officer ATT APPR t ED AS TO FORM: By: �J? n L. Flynn Kennard R. Smart, Jr. I Clerk General Counsel APPROVED AS TO FORM: APPROVAL AGENCY Att r o n&iy By: O''" Jennifer McGrath Kia Mortazavi City Attorney Executive Director, Planning Dated: Dated: Ir �y Page 10 of 10 L:\Camm\Marvin\Cooperative Agreements\CTFP Master Funding Agreement\Agreements\C-1-2765 City of Huntington Beach.docx AGREEMENT NO. C-1-2765 ATTACHMENT A lProject Description M2 CTFP MASTER FUNDING AGREEMENT City of Huntington Beach - Project List CTFP Programmed Agreement Amount Fiscal Year I Board Date No. Beach Boulevard (State Route 39) and Warner Avenue Widening (Engineering) 1 $105,225.00 2011-12 1 6/27/2011 Brookhurst Street/Adams Avenue Widening $274, 507. 881 2012-13 1 6/27/2011 City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 * www.huntingtonbeachca.gov Office ®fthe City Clerk Joan L. Flynn, City Clerk December 8, 2011 Marvin Cruz, Senior Contract Administrator Orange County Transportation Authority 550 South Main Street P. O. Box 14184 Orange, CA 92863-1584 Dear Mr. Cruz: Enclosed please find one original "Master Funding Agreement No. C-1-2765 Between Orange County Transportation Authority and City of Huntington Beach For M2 Comprehensive Transportation Funding Programs." Upon execution by the County, please return one complete copy to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, � 4 Joan L. Flynn, CIVIC City Clerk JF: pe Enclosure: Agreement G:followup:agrmtltr Sister Cities: Anjo, Japan ® Waitakere, New Zealand Nal BOARD OF DIRECTORS Patricia Bates Chair Paul Glaab Vice Chair Jerry Amante Director Don Bankhead Director Bill Campbell Director Carolyn Cavecche Director Larry Crandall Director William J. Dalton Director Lorri Galloway Director Don Hansen Director Michael Hennessey Director Peter Herzog Director John Moorlach Director Shawn Nelson Director Janet Nguyen Director Miguel Pulido Director Greg Winterbottom Director Cindy Quon Governor's Ex-Ohicio Member CHIEF EXECUTIVE OFFICE Will Kempton Chief Executive Officer September 8, 2011 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Distributed: 6 Accounting CAMM FPAPM p, Vendor — CA M t(;rP'ldt7,_1 Subject: Agreement No. C-1-2765, City of Huntington Beach, "M2 CTFP (Master Funding Agreement" — Letter Agreement No. 1 Dear Mr. Hopkins: This Letter Agreement serves as the Orange County Transportation Authority's (OCTA) approval to amend Agreement No. C-1-2765, Attachment A "Projects List". OCTA is deleting Attachment A, in its entirety, as identified in Article 4 "Responsibilities of Agency", paragraph A, and in lieu thereof is inserting the revised "Project List", attached hereto as Attachment A-1, which is incorporated and made a part of the Agreement. All provisions set forth in Master Funding Agreement No. C-1-2765 apply. The following additional provisions to project(s) approved by the Board on June 13, 2011 and August 8, 2011: Project X "Environmental Clean Up" and Project P "Regional Traffic Signal Synchronization Program" projects using in kind services such as ongoing operation and maintenance of projects must include semi-annual reporting and expenditure verification of matching funds including backup documentation as part of the semi-annual review (SAR) reporting process and include in the M2 Eligibility Expenditure Report due within six months of the end of the jurisdiction's fiscal year. Failure to provide reporting and or evidence of on- going in -kind services for the life of the project will result in disqualification of Agency participation on future competitive calls for CTFP projects. If you have any questions, you may contact Roger Lopez at (714) 560-5438 Please execute this letter agreement and return the signed original to the attention of Marvin Cruz, Senior Contract Administrator at (714) 560-5568, mcruz _octa.net. Orange County Transportation Authority 550 South Main Street / P.0. Sox 14 184 I Orange / Galifornia 92863- f584 i (714) 560-OCTA (6282) �j Agreement No. 1-2765, City of Huntington Beach Master Funding Agreement — Letter Agreement No. 1 Page 2 Kia Executive Director,.. nning Orange County Transportation Authority eena Katakia Department Manager Orange County Transportation Authority Accepted and Agreed Travis-K.. Hopkins p nsV Director of Public Works City of Huntington Beach ra 1 0 1 1 ta - ance C uq11 Tmu spor tion Authorlf-y S."'Ur!" Maln 3fr& F. 14 ��4 / Jrpj,7(,- i-ia u2866 3- 584 J 566,- 0C I A (6 lProject Description AGREEMENT NO. C-1-2765 ATTACHMENT A-1 LETTER AGREEMENT NO. 1 M2 CTFP MASTER FUNDING AGREEMENT City of Huntington Beach - Project List CTFP I Programmed I Agreement A Fiscal Year Board Datel No. I Beach Boulevard (State Route 39) and Warner Avenue Widening (Engineering) $105,225.00 2011-12 6/27/2011 Brookhurst Street/Adams Avenue Widening (Engineering) $274,507.88. 2012-13 6/27/2011 Cumulative Program Total 1 $379,732.88 McFadden/Edwards and Heil/Algonquin Catch Basin Project 1 $33,000.001 2011-12 1 8/8/20111 1 1 Cumulative Program Total 1 $33,000.00 Cumulative Program Total $0.00 Total (All Projects) 328 -12 Igs City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk .loan L. Flynn, City Clerk December 8, 2011 Marvin Cruz, Senior. Contract Administrator Orange County Transportation Authority 550 South Main Street P. O. Box 14184 Orange, CA 92863-1584 Dear Mr. Cruz: Enclosed please find one original "Agreement No. C-1-2765, City of Huntington Beach W2 Comprehensive Transportation Funding Programs Master Funding Agreement — Letter Agreement No. 1." Upon execution by the County, please return one complete copy to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, 1 41 Joan L. Flynn, CIVIC City Clerk JF: pe Enclosure: Agreement G:followup:agrmtltr Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand ATTACHMENT HB -335- Item 9. - 24 f CAI BAE PRC J T CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING Location Map ATTACHMEN, 2 Item 9. - 25 HB -33G-