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HomeMy WebLinkAboutOCTA - Orange County Transportation Authority - 2012-11-05I N(I G�►cu_Ci9+c Council/Agency Meeting Held:1/—�/o� Deferred/Continued to: 1 Appr ved ❑ Conditionally Approved ❑ Denied i Cle s Sig ure Council Meeting Date: November 5, 2012 Department ID Number: PW 12-059 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: Approve and authorize execution of Cooperative Agreement No. C-2- 1831 with Orange County Transportation Authority (OCTA) for Proposition 1 B State Local Partnership Program Reimbursement for the Arterial Rehabilitation Project, CC-1433 Statement of Issue: A Cooperative Agreement between the City of Huntington Beach and the Orange County Transportation Authority (OCTA) is required for the City to take advantage of Proposition 1 B State Local Partnership Program (SLPP) funding. Financial lmeact: Funds are available in the FY 12-13 budget in the amount of $1,132,770 in Measure M2 Account No. 21390020.82300 (the 50% matching fund), and $1,132,770 in Prop 1B Grant Account No. 2180010.82300 (the State Local Partnership Program [SLPP] fund). Recommended Action: Motion to: A) Approve "Cooperative Agreement C-2-1831 Between Orange County Transportation Authority and City of Huntington Beach For Proposition 1 B State -Local Partnership Program Call For Projects" funding in the amount $1,132,700 for one-half of the estimated total cost of Arterial Rehabilitation Project CC-1433; and, B) Authorize the Mayor and City Clerk to execute two original Agreements; and, C) Direct the City Clerk to return one original signed Agreement to the Trisha Krinke, OCTA Contract Administrator, 550 South Main Street, P.O. Box 14184, Orange, CA. 92863-1584. Alternative Action(s): Reject the Agreement and direct staff on how to proceed HB -391- Item 12. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 11/5/2012 DEPARTMENT ID NUMBER: PW 12-059 Analysis: On June 4, 2012, the City Council adopted Resolution 2012-25, authorizing the application for funds for the SLPP under the Proposition 1 B Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006. Resolution 2012-25 nominated the Arterial Rehabilitation Project as depicted on Exhibit "A" of the Resolution indicating the primary projects as Goldenwest Street (PCH to Yorktown Avenue) and Garfield Avenue (Bushard Street to Magnolia Street). Also depicted were alternate projects in the event there is funding remaining after the primary project is reconstructed. However, it is anticipated that the primary projects will utilize the entire funding. The City of Huntington Beach and OCTA have a history of cooperation on these types of Agreements. The Agreement contains terms to produce a successful Arterial improvement project. The Cooperative Agreement, once executed, authorizes the City of Huntington Beach to be reimbursed up to $1,132,770 from the Proposition 1 B SLPP. The Agreement is required to be signed by the City prior to the OCTA scheduled meetings of December 5 and 6, 2012. Following the OCTA meeting, staff anticipates an executed agreement from OCTA. The Public Works staff intends to advertise the Arterial Rehabilitation Project CC-1433 for Goldenwest Street (PCH to Yorktown Avenue) and Garfield Avenue (Magnolia Street to Bushard Street) during January 2013 and present the bid results and construction contract to City Council for approval in March 2013. The 50% matching funds of $1,132,770 are included in the City's Fiscal Year 2012-13 budget under the Measure M2 Fund (213). The 50% grant funds are programmed as revenue and expenditures under the Proposition 1 B Fund (218). Public Works Commission Action: Not required for this action. Environmental Status: Not required for this action. Strategic Plan Goal: Improve the City's infrastructure Attachment(s): Item 12. - 2 HB -392- i p-_ _ - - - - �,, _ �, .. City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk November 15, 2012 Trisha Krinke Orange County Transportation Authority 550 South Main Street P. O. Box 14184 Orange, CA 02863-1584 Dear Ms. Krinke: Enclosed please find two originals of "Cooperative Agreement C-2-1831 Between Orange County Transportation Authority and City of Huntington Beach for Proposition 1 B State -Local Partnership Program Call for Projects." Upon execution by the all parties, 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, JF: pe Enclosure: Agreements G:followup:agrmtltr Sister Cities: Anjo, Japan ® Waitakere, New Zealand 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT C-2-1831 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF HUNTINGTON BEACH FOR PROPOSITION 1 B STATE -LOCAL PARTNERSHIP PROGRAM CALL FOR PROJECTS THIS AGREEMENT is effective this c�ZP' day of J0Ad8.YI� 2013, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"), and the City of Huntington Beach, 2000 Main Street, Huntington Beach, California 92648, a municipal corporation duly organized and existing under the constitution and laws of the State of California (hereinafter referred to as "CITY'), mutually referred to herein as "PARTIES" or each individually as a "PARTY'. RECITALS: WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define the roles and responsibilities related to funding between AUTHORITY and CITY for the Fiscal Year (FY) 2012-13 Arterial Rehabilitation Project — Goldenwest Street from Pacific Coast Highway to Yorktown Avenue and Garfield Avenue from Bushard Street to Magnolia Street (hereinafter referred to as "PROJECT") as defined by the project description provided by CITY in its application for the State -Local Partnership Program Formula Grant Call for Projects, incorporated herein by reference; and WHEREAS, the California Transportation Commission (CTC) programs and allocates the Proposition 1 B Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006; (Proposition 1 B) State -Local Partnership Program (SLPP) funds on behalf of the State of California; and Page 1 of 12 L:Camm\CLERI CAL\CLERICAL\W O RDPROCW G REE W G21831.doc COOPERATIVE AGREEMENT NO. C-2-1831 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 WHEREAS, the California Department of Transportation (Caltrans) administers the SLPP program on behalf of the State of California and the California Transportation Commission (CTC), including direct reimbursement of SLPP funds to the CITY for project activities. WHEREAS, AUTHORITY is responsible for programming the formula SLPP funds to specific projects within Orange County; and WHEREAS, the CITY will be the direct recipient of SLPP funds from the State and will act as lead agency for environmental, engineering, right-of-way, construction and construction management of the PROJECT; and WHEREAS, CITY is responsible to request and receive approvals from the appropriate State and Local agencies in order to proceed or commence each phase of PROJECT for performance under this Agreement; and WHEREAS, SLPP funding for PROJECT is contingent upon funding being available through both allocation by the CTC and availability of SLPP funds, and CITY maintaining eligibility for this funding for PROJECT and maintaining eligibility under Ordinance No. 3 to provide match funding; and WHEREAS, on July 23, 2012, AUTHORITY's Board of Directors, approved programming of One Million One Hundred Thirty Two Thousand Seven Hundred Seventy Dollars ($1,132,770) in SLPP funds for PROJECT. Funds will be used for the construction phase of PROJECT contingent on availability of funds, to be matched dollar for dollar with Measure M Turnback (M1 Turnback) or Measure M2 Fair Share (M2 Fair Share) local match for a minimum construction phase cost of Two Million Two Hundred Sixty Five Thousand Five Hundred Forty Dollars ($2,265,540) for the construction phase of PROJECT in accordance with Exhibit A titled "SLPP Funding Plan", which is attached herein and incorporated by reference; WHEREAS, PARTIES agree CITY will adhere to M2 Comprehensive Transportation Funding Programs Master Funding Agreement C-1-2765 executed between CITY and AUTHORITY; and Page 2 of 12 L:Camm\CLERICAL\CLERICAL\W ORDPROCWGREEWG21831.doc COOPERATIVE AGREEMENT NO. C-2-1831 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 WHEREAS, PARTIES agree that CITY's SLPP local match funding requirements for PROJECT will be provided from CITY's Measure M Turnback or M2 Fair Share distribution and shall be used as a dollar -for -dollar match for the SLPP funds approved for PROJECT; and WHEREAS, this Cooperative Agreement (Agreement) defines the specific terms and conditions and funding responsibilities between AUTHORITY and CITY for completion of the PROJECT; and WHEREAS, AUTHORITY's Board of Directors approved this Cooperative Agreement on July 23, 2012; and follows: WHEREAS, CITY's Council approved this Cooperative Agreement on this %5'7'v- day of 0 1l 2012; and NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as ARTICLE 1. COMPLETE AGREEMENT A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this agreement between PARTIES and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The above referenced Recitals are true and correct and are incorporated by reference herein. B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. L:Camm\CLERICAL\CLERICAL\W ORDPROC\AGREE\AG21831.doc Page 3 of 12 COOPERATIVE AGREEMENT NO. C-2-1831 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 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon CITY except when specifically confirmed in writing by an authorized representative of CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. ARTICLE 2. SCOPE OF AGREEMENT This Cooperative Agreement specifies the terms and conditions, roles and responsibilities of the PARTIES as they pertain to the subjects and projects addressed herein. PARTIES agree that each will cooperate and coordinate with the other in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof. ARTICLE 3. RESPONSIBILITIES OF AUTHORITY AUTHORITY agrees to the following responsibilities for PROJECT: A. AUTHORITY shall formally request on behalf of CITY that the Southern California Association of Governments (SCAG) amend the Federal Transportation Improvement Program (FTIP) to program PROJECT in accordance with the funding plan outlined in Exhibit A, whereby AUTHORITY's performance under this Agreement is contingent upon SCAG, Caltrans, and Federal Highways Administration (FHWA) approval. B. AUTHORITY shall request that the CTC program One Million One Hundred Thirty Two Thousand Seven Hundred Seventy Dollars ($1,132,770) in SLPP funds for the construction phase of PROJECT contingent on the availability of funds, and is not obligated to program or provide any amount above the funding identified in this Article. C. AUTHORITY shall provide assistance to CITY in securing the SLPP funds. D. AUTHORITY shall review and approve CITY's request for allocation prior to submittal to Caltrans District 12. L:Camm\CLERI CAL\CLERICAL\W O RDP ROCW GREE\AG21831.doc Page 4 of 12 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-2-1831 E. AUTHORITY shall cancel PROJECT if CITY has not submitted a completed CTC allocation request to the AUTHORITY by December 31, 2012. F. AUTHORITY shall cancel PROJECT if CITY has not completed preconstruction activities, including California Environmental Quality Act (CEQA) environmental approval and any required right of way certification allowing project to be ready to advertise by December 31, 2012. G. AUTHORITY shall cancel project if CITY has not awarded a construction contract for project(s) within six (6) months of CTC allocation and has not received an approved extension from the CTC. H. AUTHORITY shall cancel PROJECT if the CITY receives an approved extension from the CTC and does not award the project within the award extension deadline. If PROJECT is cancelled, CITY is not entitled to the SLPP funds. ARTICLE 4. RESPONSIBILITIES OF CITY CITY agrees to the following responsibilities for PROJECT: A. CITY is the direct recipient of SLPP funds and will act as the lead agency for the environmental, engineering, right-of-way, construction, and construction management of PROJECT. B. CITY agrees that AUTHORITY is responsible for programming One Million One Hundred Thirty Two Thousand Seven Hundred Seventy Dollars ($1,132,770) in SLPP funds for the construction phase of PROJECT and is not obligated to program or provide any amount beyond the amount identified in this Article. C. CITY is responsible for adhering to Chapter 378, Statutes of 2011 (Assembly Bill 436) Compliance Monitoring Unit. D. CITY is responsible for preparing and submitting to AUTHORITY all CTC documentation needed for allocation vote for SLPP funds and completing all tasks required in order to legally advertise the project for construction ninety (90) calendar days prior to CTC meeting and no later than December 31, 2012. E. CITY is responsible for notifying AUTHORITY immediately of any expected delays or Page 5 of 12 L:Camm\CLERI CAL\CLERI CAL\WORDPROCWGR EE\AG21831.doc COOPERATIVE AGREEMENT NO. C-2-1831 1 2 3 4 s 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 changes to PROJECT that deviate from Exhibit A. F. CITY is responsible for preparing and submitting all necessary CTC and Caltrans documentation including the allocation request. All prior approvals, including but not limited to CTC environmental approval by December 31, 2012 and right-of-way certification (if applicable) by December 31, 2012, must be attained prior to submittal of the construction allocation request. G. CITY may proceed with advertisement of PROJECT prior to CTC allocation approval, but may not award any project contract or start any construction phase work prior to CTC allocation of SLPP funds or Letter of No Prejudice (LONP) approval. H. CITY is required to award a contract within six (6) months following the date of CTC allocation but may request one six (6) month extension for contract award. Extension request must be submitted 90 calendar days before contract award deadline. If an extension is granted, CITY agrees to award a contract within the award extension deadline. I. CITY agrees to provide a dollar -for -dollar match within the construction phase to match SLPP funding in CITY's Measure M1 Turnback or M2 Fair Share revenues. Based on the existing budget, this amount is estimated to be One Million One Hundred Thirty Two Thousand Seven Hundred Seventy Dollars ($1,132,770). Actual funding amount will be determined at CTC allocation and at contract award. J. CITY agrees that the overall construction and construction management budget for PROJECT is Two Million Two Hundred Sixty Five Thousand Five Hundred Forty Dollars ($2,265,540); contingent on availability of SLPP funding and CTC allocation. K. CITY agrees that any cost overruns or any additional funding required to complete the project(s) shall be the responsibility of CITY and not the responsibility of AUTHORITY. L. CITY will submit semi-annual project status reports for the PROJECT to the AUTHORITY due on January 15 for the prior six (6) month period, beginning on July 1, and ending on December 31, and due on July 15 for the prior six (6) month period, beginning on January 1 and ending on June 30 with Exhibit B titled "Semi -Annual Report". Page 6 of 12 L:Camm\CLERICAL\CLERICAL\W O RDP ROCW GREE W G21831.doc COOPERATIVE AGREEMENT NO. C-2-1831 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 M. CITY will submit a final project report to the CTC within six months of project becoming operable in accordance with the 2011-2013 CTC SLPP Guidelines and Proposition 1 B Project Close Out Process. N. CITY will submit a final report to AUTHORITY within six (6) months of Caltrans payment of final billing for PROJECT in accordance with Exhibit C titled "Final Project Report Form." O. CITY is responsible for completing PROJECT in accordance with the funding plan (EXHIBIT A), timely use of funds requirements, and for abiding by all 2011-2013 CTC SLPP Guidelines, OCTA SLPP Formula Grant Call for Projects program guidelines and procedures, State Transportation Improvement Program Guidelines, and any and all other requirements of the State, CTC, and Caltrans related to SLPP funding, including but not limited to the Caltrans Local Assistance Program Guidelines and Local Assistance Procedures Manual. P. CITY is responsible for submitting quarterly review reports for PROJECT to Caltrans. Reports must be copied to AUTHORITY. Q. CITY understands that if PROJECT is cancelled or cannot meet the December 31, 2012 allocation submittal deadline or allocate funds to a project by June 30, 2013, the SLPP funding will be withdrawn from CITY and will be redistributed to other AUTHORITY's projects. ARTICLE 5. DELEGATED AUTHORITY The actions required to be taken by CITY in the implementation of this Agreement are delegated to each Director of Public Works, or designee, and the actions required to be taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief Executive Officer, or designee. ARTICLE 6. AUDIT AND INSPECTION PARTIES shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of CITY for a period of four (4) years after final payment, or until any on -going audit is Page 7 of 12 L:Camm\CLERICAL\CLERICAL\W ORDPROC\AGREE\AG21831.doc COOPERATIVE AGREEMENT NO. C-2-1831 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 completed. For purposes of audit, the date of completion of this Agreement shall be the date of Caltrans' payment of CITY's final billing (so noted on the invoice) under this Agreement. 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 construction contracts with CITY's contractor. ARTICLE 7. INDEMNIFICATION A. CITY shall each indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees and agents from and against any and all claims (including attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be caused by the negligent acts, omissions or willful misconduct by either CITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. B. AUTHORITY shall indemnify, defend and hold harmless both CITY, its officers, directors, employees and agents from and against any and all claims (including attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be caused by the negligent acts, omissions or willful misconduct by either AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. C. The indemnification and defense obligations of this Agreement shall survive its expiration or termination. L:Camm\CLERICAL\CLERICAL\W ORDPROCWGREE\AG21831.doc Page 8 of 12 COOPERATIVE AGREEMENT NO. C-2-1831 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 ARTICLE 8. ADDITIONAL PROVISIONS PARTIES agree to the following mutual responsibilities: A. Term of Agreement: This Agreement shall continue in full force and effect through PROJECT completion, final acceptance by AUTHORITY, Caltrans' payment of the CITY's final billing, or 42 months from the date of CTC allocation, whichever is earlier. This Agreement may be extended at the mutual consent of all PARTIES. B. Termination: This Agreement is null and void if PROJECT is not funded. AUTHORITY shall cancel PROJECT for which CITY has not awarded a contract twelve months after the date of CTC allocation, or has not advanced the PROJECT to ready to list stage as determined by AUTHORITY. This Agreement may be terminated by either PARTY after giving thirty (30) calendar days written notice. This Agreement shall not be terminated without mutual agreement of all PARTIES. C. This Agreement may be amended in writing at any time by the mutual consent of all PARTIES. No amendment shall have any force or effect unless executed in writing by all PARTIES. D. PARTIES shall comply with all applicable federal, state, and local laws, statutes, ordinances and regulations of any governmental authority having jurisdiction over the PROJECT. E. Legal Authority: PARTIES hereto consent that they are authorized to execute this Agreement on behalf of said PARTIES and that, by so executing this agreement, the PARTIES hereto are formally bound to the provisions of this Agreement. F. Severability: If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. G. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be Page 9 of 12 L:Camm\CLERICAL\CLERICAL\W O RDP ROCW G REE\AG21831.doc COOPERATIVE AGREEMENT NO. C-2-1831 1 11 permitted. 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 H. Force Maieure: Each of the PARTIES shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other PARTY; when satisfactory evidence of such cause is presented to the other PARTY, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the PARTY not performing. I. Assignment: Neither this Agreement, nor any of the PARTIES' rights, obligations, duties, or authority hereunder may be assigned in whole or in part by any PARTY without the prior written consent of the other PARTIES in their sole and absolute discretion. Any such attempt of assignment shall be deemed 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. J. 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. K. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement. L. 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. / Page 10 of 12 L:Camm\CLERICAL\CLERI CAL\W ORDPROC WG REEW G21831.doc COOPERATIVE AGREEMENT NO. C-2-1831 M. Notices: Any notices, requests, or demands made between the PARTIES pursuant to this Cooperative Agreement are to be directed as follows: To CITY: 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: Attention: Meena Katakia Todd Broussard Manager, Capital Projects Tel: 714-536-5247 Tel: 714-560-5694 E-mail: tbroussard@surfcity-hb.org E-mail: mkatakia@octa.net Cc: Cc: Louis Zhao, Associate Transportation Funding Analyst N. Successors and Assigns: The provisions of this Agreement shall bind and inure to the benefit of each of the PARTIES hereto, and all successors or assigns of the PARTIES hereto. O. Time is of the Essence: Time is of the essence for the work identified in Exhibit A. All work must be completed no later than 36 months from contract award or consistent with CTC timely use of funds requirements. Page 11 of 12 L:Camm\CLERICAL\CLERICAL\W ORDPROC\AGREE\AG21831.doc COOPERATIVE AGREEMENT NO. C-2-1831 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0/23 24 25 7/ 26 This Cooperative Agreement shall be effective upon execution by all PARTIES. IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. C-2-1831 to be executed on the date first above written. CITY OF HUNTINGTON BEACH By: 97 4==� — -Don Hansen Mayor ATTEST: Dated: [0' -7 - (2. Attachments: Exhibit A: SLPP Funding Plan Exhibit B: Semi Annual Report Form Exhibit C: Final Project Report Form L:Camm\CLERICAL\CLERICAL\W ORDPROC\AGREEWG21831.doc ORANGE COUNTY TRANSPORTATION AUTHORITY By: )A%� Will Kempton Chief Executive Officer APPROVED AS TO FORM: Dated: / q— ,C 5 Page 12 of 12 AGREEMENT NO. C-2-1831 EXHIBIT A SLPP FUNDING PLAN PROPOSITION 113 STATE -LOCAL PARTNERSHIP PROGRAM CALL FOR PROJECTS FY 2012-13 Arterial Rehabilitation Project - Goldenwest Street from Pacific Coast Highway to Yorktown Avenue and Garfield Avenue from Bushard Street to Magnolia Street Proiect Schedule and Fundinq Schedule Completion Date Final Environmental Document 10/1/2012 Begin Design Engineering 7/1/2012 Plans, Specifications, and Cost Estimates complete 11/1/2012 Start Right -of -Way Acquisition N/A Right -of -Way Certification N/A California Transportation Commission Allocation 3/5/2013 Award Construction Deadline 9/5/2013 Project Completion (open for use 9/1 /2013 Construction funding authorized through this agreement: Funding P1 B SLPP: $1,132,770 M1 or M2 Fair Share: $1,132,770 Prelimina Engineering Fund Source Fiscal Year Original Planned Allocation Proportion N/A N/A $0 N/A TOTAL $0 N/A Riaht-of-Wav Fund Source Fiscal Year Original Planned Allocation Proportion N/A N/A N/A N/A TOTAL $0 N/A Construction Fund Source Fiscal Year Original Planned Allocation Range Proportion P1 B SLPP1 2012-2013 $1,132,770 50% M2 Fair Share 2012-2013 $1,132,770 50% TOTAL $2,265,540 100% P1 B SLPP and M1 or M2 Fair Share will remain equal. If needed, amounts will be reduced proportionally. AGREEMENT NO. C-2-1831 EXHIBIT B SEMI ANNUAL REPORT FORM Project Title: Agency: Date: Schedule Original Current Completion Completion Date Date Draft Environmental Document Final Environmental Document Begin Design Engineering Plans, Specifications, and Cost Estimates complete Start Right -of -Way Acquisition Right -of -Way Certification Submit Request for Authorization for Const E-76 Ready to Advertise Award Construction Project Completion (open for use Funding Table: Preliminary Enaineerina ($000's) Fund Source Fiscal Year Planned Obligation Current Estimates Actual Expended Remaining Allocation Riaht-of-Wav ($000's) Fund Source Fiscal Year Planned Obligation Current Estimates Actual Expended Remaining Allocation Construction ($000's) Fund Source Fiscal Year Planned Obligation Revised Allocation Actual Expended Remaining Allocation AGREEMENT NO. C-2-1831 EXHIBIT B Major Activities: Status: Issues: Name/Title: Phone: Email: AGREEMENT NO. C-2-1831 EXHIBIT C EXHIBIT C: FINAL PROJECT REPORT FORM Date Instructions The responsible agency should fill out the following: 1) Final Project Form, 2) Final Cost, 3) Certificate of Completion. In addition, the agency must attach before (if available) and after photographs of the project site and the address or location of the site under the Location and Scope of work section. :)roj ect Verification of Match (Actual Expenditures) Luca iVlatch�, .�; rW P, (ENTER: (ENTER (ENTER SLPP� OCTA► l IF "A' Phase., SO RCE)SOURCE. SOURCE rmula„ Engineering $ - $ - $ - $ - $ - $ - Right-of-Wa $ - $ - $ - $ - $ - $ - Construction 1 $ - $ I $ - $ - $ - $ - Total 1 $ 1 $ 1 $ - $ - $ - $ - 5cneouie Draft Environmental Document Final Environmental Document Begin Design Engineering Plans, Specifications, and Cost Estimates complete Start Right -of -Way Acquisition Right -of -Way Certification Ready to Advertise Award Construction Project Completion (open for use Page 1 AGREEMENT NO. C-2-1831 EXHIBIT C SLPP: FINAL COST Page 2 AGREEMENT NO. C-2-1831 EXHIBIT C SLPP: FINAL COST OCiA I hereby certify that the statements provided here are true and correct. Proiect Title 1 4 5 6 7 8 Yes No N/A The project is designed to city/county and other participating jurisdictions' standards. ❑ ❑ ❑ The project contract was awarded on: I ENTER DATE ❑ ❑ ❑ The total cost of the contract is equal to or less than the total TE ❑ ❑ ❑ funds awarded and matching funds provided. The city/county provided matching funds to the project. ❑ ❑ ❑ Right-of-way was acquired in conformance with city/county procedures. ❑ ❑ ❑ All required environmental documentation is complete and certified. ❑ ❑ ❑ An updated project schedule is included with the final invoice. ❑ ❑ ❑ The final invoice is attached with all the necessary documentation. ❑ ❑ ❑ Name Title Public Works Director Signature Date Page 3 BOARD OF DIRECTORS Gregory T Winterbotton Chairman Shawn Nelson Vice -Chair Patricia Bates Director Lori Donchak Director Gail Eastman Director Matthew Harper Director Michael Hennessey Director Jeffrey Lalloway Director Gary Miller Director John Moorlach Director ,. Al Muria v Janet Nguyen Director,/� Miguel Puligd Director Tim Shaw Director Todd Spitzer Director Frank Ury Director Ryan Chamberlain Ex-Officio Member CHIEF EXECUTIVE OFFICE Will Kempton Chief Executive Officer January 23, 2013 Mr. Todd Broussard City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT: OCTA'S COOPERATIVE AGREEMENT NO. C-2-1831 Dear Mr. Broussard: 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 Trisha Krinke at (714) 560-5625 or by e-mail at tkrinke@octa.net. ly, 1,46lie Smith °Senior Office Specialist Contract Administration and Materials Management Enclosure(s) cc: Ms. Joan L. Flynn, City Clerk Orange County Transportation Authority 550 South Main Sheet / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) 1 RESOLUTION NO. 2012-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING APPLICATION FOR FUNDS FOR THE STATE -LOCAL PARTNERSHIP PROGRAM UNDER THE PROPOSITION 1B HIGHWAY SAFETY, TRAFFIC REDUCTION, AIR QUALITY, AND PORT SECURITY BOND ACT OF 2006 FOR THE FY 12/13 ARTERIAL REHABILITATION PROJECT. WHEREAS, the California voters approved Proposition 1B Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006, which makes State -Local Partnership Program (SLPP) funds available to the Orange County Transportation Authority (OCTA); and OCTA has established the procedures and criteria for nominating proposals; and The City of Huntington Beach ("City") possesses authority to nominate projects funded using Measure M2 Fair Share and State -Local Partnership Program funding and to finance, acquire, and construct the proposed project; and By formal action, the City Council authorizes the nomination of the FY 12/13 ARTERIAL REHABILITATION PROJECT as depicted on Exhibit "A," including all understanding and assurances contained therein, and authorizes the Director of Public Works or his/her designee to act in connection with the nomination and to provide such additional information as may be required; and The City will maintain and operate the property acquired, developed, rehabilitated, or restored for the life of the resultant facility(ies) or activity; and With the approval of the California Department of Transportation (Caltrans), California Transportation Commission (CTC), and OCTA, the City or its successors in interest in the property may transfer the responsibility to maintain and operate the property; and The City will give Caltrans, CTC, and OCTA's representatives access to and the right to examine all records, books, papers or documents related to the project; and The City will cause work on the project to be commenced within six months following notification from the State that funds have been allocated by the CTC and that the project will be carried to completion with reasonable diligence; and The City commits $1,132,770 of Measure M2 Fair Share funds to provide 50% of the total project cost as match to the requested $1,132,770 in OCTA Formula SLPP funds for a total project cost estimated to be $2,265,540; and 12-3332n9652 HB -413- Item 12. - 23 Resolution No. 2012-25 The City will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the American with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; and The City Council authorizes the execution of any necessary cooperative agreements between the City and OCTA to facilitate the delivery of the project; and The City Council authorizes the revision of the Capital Improvement Program to facilitate the delivery of the project; and The City Council delegates signature authority to the Director of Public Works and his/her designee to facilitate the delivery of the project. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: The City Council hereby authorizes the Director of Public Works or his/her designee as the official representative of the City of Huntington Beach to apply for the State -Local Partnership Program funding under the Proposition 1B Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 for the FY 12/13 ARTERIAL REHABILITATION PROJECT. BE IT FURTHER RESOLVED that the City of Huntington Beach agrees to fund its share of the project costs and any additional costs over the identified programmed amount. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4 t. h day of P , 2012. Mayor REVI AND APPROVED: INITIATED A APPROVED: C' ga er Director of Public irks 2 APOVED AS TO FORM: L�" ty Attdrney 12-3332/79652 Item 12. - 24 HB -414- Exhibit "A" - Resolution No. 2012-25 fLSA S,9tiV AVE AFC C� 0 V I N 3 Mc FADDEN AVE. ®®® w _Z V)i J 0 EDING R z 0 z I= Y :3 m ¢ Of (n o crHEIL = AVE. � z ¢ m o N w o ¢ WAR ER Z m AVE. PACIFIC \\�Oko PROJECT LOCATION PRIMARY O1 Goldenwest St. (PCH to Yorktown) 20 Garfield (Bushard to Magnolia) ALTERNATE 1 3� Argosy (Balsa Chico to Graham) ® Atlanta Ave. (Beach to Newland) Delaware Street (Atlanta to Memphis) © Yorktown (Main to Goldenwest) 1: —w o ry 0 0 TALBERT AVE. ELLIS AVE. GARFI ELD ly EXHIBIT "A" NTS 405 AVE. 2 0 (! V) 0 N AVE. 3 0 z g 1 AVE. , w ¢ Z INDIANAPOLIS J z AVE. F- �,�� 9LF = ¢ � T TA TA AVE. _ Ne m � ❑] � 0 AVE. m 5 y�r BANNING 4. AVE. FY 12/13 ARTERIAL REHABILITATION PROJECT PROJECT AREA CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS HB -415- Res. No. 2012-25 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, 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 June 04, 2012 by the following vote: AYES: Harper, Dwyer, Hansen, Carchio, Bohr, Boardman NOES: None ABSENT: Shaw ABSTAIN: None CitWClerk and ex-officioAff Vierk of the City Council of the City of Huntington Beach, California Item 12. - 26 HB -416- oc��a September 24, 2012 AFFILIATED AGENCIES Orange County Transit District Mr. Todd Broussard Local Transportation City of Huntington Beach Authority 2000 Main Street Service Authority for Huntington Beach, CA 92648 Freeway Emergencies Consolidated Transportation SUBJECT: OCTA'S COOPERATIVE AGREEMENT NO. C-2-1831 Service Agency Congestion Management Agency Dear Mr. Broussard: Service Authority for Abandoned Vehicles Enclosed are two originals of Cooperative Agreement No. C-2-1831 for your review and signature. Please execute both of the originals of the Coop where indicated, in blue ink and return to Trisha Krinke as soon as possible to: Trisha Krinke 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 Trisha Krinke at (714) 560-5625 or by e-mail at tkrinke@octa.net. Sincerely, J ie Smith ffice 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) CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT 2000 Main Street P.O Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: October 17, 2012 Project/C.C. No.: OCTA CO-OP Agreement C-2-1831 Regarding: Council Action November 5, 2012 ® We are sending you: ❑ By Mail ❑ By Fax Mail (Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Other: Item.# ' Copies Pages Description 1 2 OCTA's COOPERATIVE AGREEMENT NO. C-2-1831 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your action ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For reviewicomment ❑ Other: Remarks: Attached are the original agreements for your use following the November 5th City Council Meeting. The agreement is scanned into the Agenda Plus along with the RCA entitled: Approve Cooperative Agreement No. C-2-1831 with Orange County Transportation Authority for Proposition 1 B State Local Partnership Program Reimbursement for the Arterial Rehabilitation Project CC-1433 If you have any questions regarding the enclosed attachment, feel free to contact me at iwagner(c�surfcity-hb.or or (714) 536-5467. c: file Jim Wagner„ PE, Senior Civil Engineer GAEngineering Division\WAGNER\CORRESPONDENCE\TRANS\2012-10-17 Joan Flynn re OCTA Co-op Agreement.docx STATE i - I S. d, O 1 a R i OWi) R I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Huntington Beach., County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Thursday, larch 28, 2013 Thursday, April 4, 2013 Thursday, April 11, 2013 certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on April 16, 2013 at Los Angeles, California dT_MWZ1'tr_K Signature NOTICE INVITING SEALED BIDS for the construction of GARFIELD AVENUE REHABILITATION from Magnolia Street to Bushard Street AND GOLDENWEST STREET REHAB "TAT"' 'from Pacific Coast Highway to Yorktown Avenue CC No. 1433 in the' CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN -that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office'of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the,hour of 2:00 PM on April 16, 2013. Bids will be publicly . open in the Council Chambers, unless otherwise posted. Copies of the Plans, Specifications, and contract documents will be . available Friday March 29, 2013, from the Office of.,the Director of Public Works, 2000 Main Street, Huntington Beach; CA 92648, upon payment of a$30 00 of nonrefundable o fee if picked up; payment nonrefundable fee if sent by. UPS ground' delivery (bidder shall pay additional costs for, 'special delivery). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the ,Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft; classification or type of workman needed to execute the contract shall be those determined by.the Director of Industrial Relations of the State of .California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may sub- stitute an escrow holder surety of 'equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the -basis of race, color, national origin, I ancestry, sex''or religion in any, consideration leading to .the award of contract. No bid shall be considered unless it is, prepared on the approved Proposal forms in conformance with the .Instructions to Bidders 'as determined by, the AGENCY. The bid' must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount I bid. The successful bidder shall be licensed in accordance with provisions of the Business and Pirofession's Code and shall possess, a '8tate Contractor's License Class A at the time of the bid 'opening. The successful Contractor and his subcontractors Will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the .extension, the unit price will govern.- ' Project Description: The project consists'primar- ily of asphalt rehabilitation by conventional methods by grinding the existing pavement, removing failed roadway sections, and overlaying the street with rubberized asphalt concrete or by full depth reclamation. Manholes, monitoring wells, survey monuments, and water valve assem- blies will be adjusted to grade and traffic loops and striping will be replaced. Improvements also include limited replacement of concrete curb, gutter, sidewalk, and access ramps whare needed. AGENCY shall require work on Goldenwest Street Rehabilitation from Pacific Coast Highway to Yorktown Avenue TO BEGIN AFTER TH . SUBSTAN- TIAL COMPLETION OF Garfield Avenue Rehabilita- tion from MagnoliaStreet,to Bushard Street. The contract shall allow the, Contractor to complete the work of both projects within 90 working days. The AGENCY reserves the right to' reject any of all bids, to waive any irregularity and to take al' bids under advisement for maximum period of 60 days. BY ORDER of the' CITY COUNCIL of they CITY OF HUNTINGTON BEACH, CALIFORNIA, tf�'e 17th da) of September 2012, by Resolution.No 2012-65. Attest: Joan L. Flynt CITY CLERK OF THE CITY OF HUNTINTON BEACF Published H.B. Independent March.281 April 4, 11 2013