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HomeMy WebLinkAboutOrange County Transportation Authority - 2015-04-20 Dept.ID PW 15-016 Page 1 of � ,pMeeting Date:4J2W015 CITY OF HUNTINGTON BEACH. REQUEST FOR. CIS COUNCL ACTION' MEETING DATE: 4120/2015 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-4-2017 between Orange County Transportation Authority and the City for the Bicycle Corridor Improvement Program Project Utica Avenue Bike Boulevard (CC-1499) 'Statement of Issue: A cooperative agreement between the Orange County Transportation Authority (OCTA) and the City of Huntington Beach is required to receive grant funding for the Bicycle Corridor Improvement Program Project Utica Avenue Bike Boulevard, CC-1499. Financial Impact: The total grant funding is $852,830, with the City providing matching funds in the amount of $170,570 and the grant providing the balance of $682,260. Funds for the design; phase of the project are included in the FY 14-15 budget in Gas Tax business unit 20790038. Construction is scheduled for FY 15-16 and funds will be included in the fiscal year budget submittal. Recommended Action: A) Approve"Cooperative Agreement No. C-4-2017 between Orange County Transportation Authority and City of Huntington Beach for the Bicycle Corridor Improvement Program Project Utica Avenue Bike Boulevard;" and, B) Authorize the Mayor and City Clerk to execute two(2)original agreements in blue ink. Alternative A.ction(s1: Deny approval of the cooperative agreement and direct staff how to proceed. Analysis: In September 2013, an application was submitted by staff for the 2014 Bicycle Corridor Improvement.Program call for projects administered by OCTA. The Bicycle Corridor Improvement Program is a federal Congestion and Air Quality (CMAQ)funded program authorized under Moving Ahead for Progress in the 21st Century. The CMAQ program provides funding through annual appropriations to Orange County to be used for transportation related projects that reduce congestion and-improve air quality. OCTA is responsible for selecting regionally significant projects for Orange County and working with the California Department of Transportation in administering the selected projects. Utica Avenue, from Beach Boulevard to Main Street, was an identified street for opportunities to obtain grant funding to implement bike boulevard improvements. The improvements include incorporating street features to achieve the goal of reducing motor vehicle traffic speeds to be more RB -27 Item 7. - 1 Dept.ID PW 15-016 Page 2 of 2 Meeting Date:4/20/2015 consistent with sharing the lane with cyclists and to better accommodate pedestrians. The project is identified in the City Bicycle Master Plan as a recommended bicycle boulevard facility. As part of the application process, OCTA requested that the local agencies commit to funding the project's Local Match requirements should the project be selected. On November 4, 2013, in order to commit the matching funds for the project, City Council adopted Resolution No. 2013-58, "A Resolution of the City Council of the City of Huntington Beach Authorizing Application for Funds for the Bicycle Corridor Improvement Program Funded with Congestion Mitigation and Air Quality Program Under Moving Ahead for Progress in the 21s` Century Federal Transportation Act for Utica Avenue Bike Boulevard Project." In January 2014, the OCTA board approved funding of up to $682,260 to fund the Utica Avenue Bike Boulevard project. The City's Local Match for the project is $170,570. Execution of the Cooperative Agreement between OCTA and the City is required to receive the funding for the project under this program. Public Works Commission Action: None required for this action. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Cooperative Agreement C-4-2017 between OCTA and City of Huntington Beach for the Bicycle Corridor Improvement Program Project Utica Avenue Bike Boulevard Item 7. - 2 FIB -208- 1 COOPERATIVE AGREEMENT NO. C-4-2017 2 BETWEEN 3 ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 CITY OF HUNTINGTON BEACH 6 FOR 7 THE BICYCLE CORRIDOR IMPROVEMENT PROGRAM PROJECT 8 UTICA AVENUE BIKE BOULEVARD 9 10 THIS COOPERATIVE AGREEMENT is effective this day of 11 2015, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 12 14184, Orange, California 92863-1584, a public corporation of the State of California (hereinafter 13 referred to as "AUTHORITY"), and City of Huntington Beach, 2000 Main Street, Huntington Beach, 14 California 92648, a municipal corporation duly organized and existing under the constitution and laws of 15 the State of California (hereinafter referred to as"CITY"). 16 RECITALS: 17 WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define the 18 roles and responsibilities related to funding between AUTHORITY and CITY for engineering, right-of- 19 way acquisition, and construction of Utica Avenue Bike Boulevard project as defined in the scope of 20 work provided in the Bicycle Corridor improvement Program 2014 Call for Projects, herein incorporated 21 by reference; (hereinafter referred to as"PROJECT'); and 22 WHEREAS, the Bicycle Corridor Improvement Program is funded with Congestion Mitigation 23 and Air Quality (hereinafter referred to as"CMAQ")funds; and 24 WHEREAS, the CMAQ program is authorized under Moving Ahead for Progress in the 21 t 25 Century(MAP-21) Federal Transportation Act; and 26 WHEREAS, CITY is an eligible sub-recipient of Federal funding under the CMAQ program, and Page 1 of 10 COOPERATIVE AGREEMENT NO. C-4-2017 1 PROJECT is eligible for CMAQ funding contingent on California Department of Transportation 2 (hereinafter referred to as "Caltrans") and the Federal Highway Administration (hereinafter referred to 3 as FHWA) approval; and 4 WHEREAS, on January 13, 2014, AUTHORITY's Board of Directors, approved providing 5 funding of up to Six Hundred Eighty Two Thousand Two Hundred Sixty dollars ($682,260) in CMAQ 6 funds to be matched with Four Hundred Eighty Thousand dollars ($480,000) in CITY and Highway 7 Safety Improvement Program (HSIP)funds for the construction phase; and 8 WHEREAS, the HSIP project components were included in the match for the construction 9 phase; and 10 WHEREAS, CITY requested AUTHORITY to remove the HSIP funds from the match and 11 reduce the match to One Hundred Seventy Thousand Five Hundred and Seventy dollars ($170,570) in 12 CITY funds, consistent with the original match percentage of 20%; and 13 WHEREAS, CITY and AUTHORITY agree that the total full funding for PROJECT including 14 engineering, right-of-way acquisition, construction management and construction shall be Eight 15 Hundred Fifty Two Thousand Eight Hundred and Thirty dollars ($852,830) in accordance with Exhibit A 16 titled "Bicycle Corridor Improvement Program Funding Plan", which is attached herein and incorporated 17 by reference; and 18 WHEREAS, AUTHORITY and CITY agree that CMAQ funding for PROJECT is contingent upon 19 funding being available through MAP-21 and PROJECT maintaining its eligibility for this funding; and 20 WHEREAS, AUTHORITY and CITY agree that Caltrans and FHWA authorization is required 21 following AUTHORITY's amendment to the Federal Transportation Improvement Program (hereinafter 22 referred to as "FTIP"), and in order to proceed or commence each phase of PROJECT for performance 23 under this Cooperative Agreement; and 24 WHEREAS, AUTHORITY is responsible for programming the funds to specific projects within 25 Orange County; and Caltrans administers the CMAQ program on behalf of the FHWA and is 26 responsible for acquiring federal approvals for PROJECT on behalf of CITY, determining federal Page 2 of 10 i COOPERATIVE AGREEMENT NO. C-4-2017 1 eligibility, compliance with federal requirements, and reimbursement for project activities; and 2 WHEREAS, CITY agrees that AUTHORITY reserves the right to change the fund source 3 programmed to the PROJECT; 4 WHEREAS, CITY agrees to act as lead agency for engineering, right-of-way acquisition, 5 construction management and construction of PROJECT; and 6 WHEREAS, this Cooperative Agreement defines the specific terms and conditions and funding 7 responsibilities between AUTHORITY and CITY (hereinafter referred to as "PARTIES") for completion 8 of PROJECT; and 9 WHEREAS, AUTHORITY's Board of Directors approved the Cooperative Agreement on 13'' 10 day of January, 2014; and 11 WHEREAS, CITY's Council approved the Cooperative Agreement on � day of 12 /L 2015. 13 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as 14 follows: 15 ARTICLE 1. COMPLETE AGREEMENT 16 A. This Cooperative Agreement, including any attachments incorporated herein and made 17 applicable by reference, constitutes the complete and exclusive statement of the term(s) and 18 conditions(s) of this Cooperative Agreement between AUTHORITY and CITY and it supersedes all prior 19 representations, understandings, and communications. The invalidity in whole or in part of any term or 20 condition of this Cooperative Agreement shall not affect the validity of other term(s) or conditions(s) of 21 this Cooperative Agreement. The above referenced Recitals are true and correct and are incorporated 22 by reference herein. 23 B. AUTHORITY's failure to insist on any instance(s) of CITY's performance of any term(s) 24 or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of 25 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and 26 CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Page 3 of 10 COOPERATIVE AGREEMENT NO. C-4-2017 1 Cooperative Agreement shall not be binding upon AUTHORITY except when specifically confirmed in 2 writing by an authorized representative of AUTHORITY by way of a written amendment to this 3 Cooperative Agreement and issued in accordance with the provisions of this Cooperative Agreement. 4 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) 5 or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of 6 CITY's right to such performance or to future performance of such term(s) or condition(s), and 7 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any 8 portion of this Cooperative Agreement shall not be binding upon CITY except when specifically 9 confirmed in writing by an authorized representative of CITY by way of a written amendment to this 10 Cooperative Agreement and issued in accordance with the provisions of this Cooperative Agreement. 11 ARTICLE 2. SCOPE OF AGREEMENT 12 This Cooperative Agreement specifies the roles and responsibilities of the Parties as they 13 pertain to the subjects and projects addressed herein. Both AUTHORITY and CITY agree that each will 14 cooperate and coordinate with the other in all activities covered by this Cooperative Agreement and any 15 other supplemental agreements that may be required to facilitate purposes thereof. 16 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY 17 AUTHORITY agrees to the following responsibilities for PROJECT: 18 A. AUTHORITY shall formally request on behalf of CITY that the Southem California 19 Association of Govemments (hereinafter referred to as "SCAG") amend the FTIP to program up to the 20 amount in accordance with the funding plan outlined in Exhibit A, whereby AUTHORITY's performance 21 under this Cooperative Agreement is contingent upon SCAG, Caltrans and FHWA approval. 22 B. AUTHORITY shall provide assistance to CITY in securing the CMAQ funds. 23 C. AUTHORITY shall not be obligated to program any amount beyond what has been 24 identified in this Cooperative Agreement and what is ultimately approved for the project by Caltrans and 25 FHWA. 26 D. AUTHORITY shall process any required FTIP amendments. Page 4 of 10 COOPERATIVE AGREEMENT NO. C-4-2017 1 E. AUTHORITY shall review and approve CITY's request for obligation of CMAQ funds 2 prior to submittal to Caltrans District 12. 3 F. AUTHORITY may cancel projects for which CITY has not submitted request for 4 authorization to proceed (hereinafter referred to as "E-76 Request") by the date identified in Exhibit A as 5 required in Article 4, Paragraph E, or has not advanced PROJECT to ready-to-list stage as determined 6 by Caltrans guidelines. 7 ARTICLE 4. RESPONSIBILITIES OF CITY 8 CITY agrees to the following responsibilities for PROJECT: 9 A. CITY will act as the lead agency for the engineering, right-of-way, construction and 10 construction management of PROJECT. 11 B. CITY will comply with all local, state, and federal project delivery requirements including 12 but not limited to Disadvantaged Business Enterprise, American with Disabilities Act, and Buy America 13 provisions. 14 C. CITY will submit National Environmental Policy Act (NEPA) and the California 15 Environmental Quality Act (CEQA) environmental documentation to Caltrans for approval by the date 16 as provided in the project schedule in Exhibit A. 17 D. CITY is responsible for preparing and submitting to AUTHORITY an Engineer's 18 Estimate of PROJECT cost ninety(90) days prior to E-76 Request, and no later than the date identified 19 in Exhibit A. 20 E. CITY is responsible for preparing and submitting all necessary Caltrans-required 21 documentation including E-76 Request. CITY agrees to submit an E-76 Request to Caltrans District 12 22 by the date identified in Exhibit A. 23 F. CITY acknowledges that if the E-76 Request is not submitted to Caltrans with a copy to 24 OCTA by February 1, or CITY has not advanced PROJECT to ready-to-list stage as determined 25 through Caltrans guidelines by this date, the proposed funding shall be cancelled by AUTHORITY. 26 G. CITY shall provide 20% of the Construction costs in CITY funds as the required local Page 5of10 COOPERATIVE AGREEMENT NO. C-4-2017 1 match consistent with Exhibit A. 2 H. CITY will invoice Caltrans at minimum once every six months. 3 I. CITY agrees that any cost overruns shall be the responsibility of CITY. 4 J. CITY will submit semi-annual status reports for PROJECT to AUTHORITY due on 5 January 15 for the prior six month period and due on July 15 for the prior six(6) month period (EXHIBIT 6 B titled "Quarterly/Semi-Annual Report Form"). 7 K, CITY will submit a final report to AUTHORITY within six (6) months of Caltrans payment 8 of final progress invoice for PROJECT in accordance with Exhibit C titled °CMAQ Final Project Report 9 Form." 10 L. CITY is responsible for completing PROJECT in accordance with the funding plan. 11 (EXHIBIT A), and to abide by all CMAQ programming guidelines, and any and all other federal, state, 12 and Caltrans requirements. 13 ARTICLE 5. DELEGATED AUTHORITY 14 The actions required to be taken by CITY in the implementation of this Cooperative Agreement 15 are delegated to its Director of Public Works, or designee, and the actions required to be taken by 16 AUTHORITY in the implementation of this Cooperative Agreement are delegated to AUTHORITY's 17 Chief Executive Officer, or designee. 18 ARTICLE 6. AUDIT AND INSPECTION 19 AUTHORITY and CITY shall maintain a complete set of records in accordance with generally 20 accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized 21 representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and 22 other data and records of CITY for a period of four (4) years after final payment, or until any on-going 23 audit is completed. For the purposes of audit, the date of completion of this Cooperative Agreement 24 shall be the date of Caltrans' payment of CITY's final billing (so noted on the invoice) under this 25 Cooperative Agreement. AUTHORITY shall have the right to reproduce any such books, records, and 26 accounts. The above provision with respect to audits shall extend to and/or be included in construction Page 6 of 10 COOPERATIVE AGREEMENT NO. C-4-2017 1 contracts with CITY's contractor. 2 ARTICLE 7. INDEMNIFICATION 3 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, 4 employees and agents from and against any and all claims (including attorney's fees and reasonable 5 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's 6 compensation subrogation claims, damage to or loss of use of property alleged to be caused by the 7 negligent acts, omissions or willful misconduct by CITY, its officers, directors, employees or agents in 8 connection with or arising out of the performance of this Cooperative Agreement. 9 B. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors, 10 employees and agents from and against any and all claims (including attorney's fees and reasonable 11 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 AUTHORITY, its officers, directors, employees or 14 agents in connection with or arising out of the performance of this Cooperative Agreement. 15 C. The indemnification and defense obligations of this Cooperative Agreement shall survive 16 its expiration or termination. 17 ARTICLE 8. ADDITIONAL PROVISIONS 18 AUTHORITY and CITY agree to the following mutual responsibilities: 19 A. Term of Agreement: This Cooperative Agreement shall continue in full force and effect 20 through December 31, 2019 or until final acceptance by AUTHORITY, whichever is later. This 21 Cooperative Agreement may be extended at the mutual consent of both parties. 22 B. Termination: This Cooperative Agreement is null and void if project is not funded. 23 AUTHORITY shall cancel projects for which CITY has not submitted an E-76 Request by February 1 of 24 the fiscal year for which funds are programmed and, or has not advanced PROJECT to ready stage as 25 determined by AUTHORITY. This Cooperative Agreement may be terminated by either party after 26 giving thirty(30) days written notice_ Page 7 of 10 i COOPERATIVE AGREEMENT NO. C-4-2017 1 C. This Cooperative Agreement may be amended in writing at any time by the mutual 2 consent of both parties. No amendment shall have any force or effect unless executed in writing by 3 both parties. 4 D. AUTHORITY and CiTY shall comply with all applicable federal, state, and local laws, 5 statues, ordinances and regulations of any governmental authority having jurisdiction over PROJECT. 6 E. Legal Authority: AUTHORITY and CiTY hereto consent that they are authorized to 7 execute this Cooperative Agreement on behalf of said parties and that, by so executing this agreement, 8 the parties hereto are formally bound to the provisions of this Cooperative Agreement. 9 F. Severability: If any term, provision, covenant or condition of this Cooperative Agreement 10 is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent 11 jurisdiction, the remainder of this Cooperative Agreement shall not be affected thereby, and each term, 12 provision, covenant or condition of this Cooperative Agreement shall be valid and enforceable to the 13 fullest extent permitted by law. 14 G_ Counterparts of Agreement: This Cooperative Agreement may be executed and 15 delivered in any number of counterparts, each of which, when executed and delivered shall be deemed 16 an original and all of which together shall constitute the same agreement. Facsimile signatures will be 17 permitted. 18 H. Force Majeure: Either AUTHORITY and CiTY shall be excused from performing its 19 obligations under this Cooperative Agreement during the time and to the extent that it is prevented from 20 performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of 21 fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or 22 focal government; national fuel shortage; or a material act or omission by the other party; when 23 satisfactory evidence of such cause is presented to the other party, and provided further that such 24 nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the 25 AUTHORITY and CITY not performing. 26 I. Assignment: Neither this Cooperative Agreement, nor any of the AUTHORITY and Page 8 of 10 COOPERATIVE AGREEMENT NO.G-4-2017 1 CITY rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either 2 AUTHORITY or CITY without the prior written consent of the other party in its sole and absolute 3 discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent 4 to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any 5 right to consent to such subsequent assignment. 6 J. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to 7 authorize or require any party to issue bonds, notes or other evidences of indebtedness under the 8 terms, in amounts, or for purposes other than as authorized by local, state or federal law. 9 K. Governing Law. The laws of the State of California and applicable local and federal 10 laws, regulations and guidelines shall govern this Cooperative Agreement. 11 L. Litigation fees: Should litigation arise out of this Cooperative Agreement for the 12 performance thereof, the court shall award costs and expenses, including attorney's fees, to the 13 prevailing party. 14 M. Notices: Any notices, requests, or demands made between the parties pursuant to this 15 Cooperative Agreement are to be directed as follows: 16 17 To CITY: To AUTHORITY: 18 City of Huntington Beach Orange County Transportation Authority 19 2000 Main Street 550 South Main Street 20 Huntington Beach, CA 92648 P.O. Box 14184 21 Orange, CA 92863-1584 22 Attention: Bob Stachelski Attention: Michael Le 23 Transportation Manager Associate Contract Administrator 24 Phone: (714)-563-5523 Phone: (714)-560-5314 25 Email: bstacheiski cDsurfcWy-hb.orq Email: mle1(d)-octa.net 26 C: Louis Zhao, Transportation Funding Analyst Page 9 of 10 COOPERATIVE AGREEMENT NO. C-4-2917 1 This Cooperative Agreement shall be made effective upon execution by both Parties. 2 IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement No. 3 C-4-2017 to be executed on the date first written above. 4 CITY OF HUNTINGTON BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY 5 6 By � BY Darrell Johnson Jill Ha y 7 Chief Executive Officer Mayor 8 9 APPROVED AS TO FORM: 10 11 By By Jo n L. Fiy� r 12 Ci Clerk -4nersal emu , 13 14 APPROVED AS TO FORM: APPROVAL RECOMMENDED: 15 16 By BY is ae a es Kia Mortazavi 17 City Attomey 3(2j�w`� Executive Director, Planning 18 19 20 Dated: Dated: 21 22 23 _ 4 F 4L 25 26 Page 10 of 10 COOPERATIVE AGREEMENT NO. C4-2017 EXHIBIT A BICYCLE CORRIDOR IMPROVEMENT PROGRAM FUNDING PLAN CITY OF HUNTINGTON BEACH UTICA AVENUE BIKE BOULEVARD Project Schedule and Funding Schedule Completion Date Final Environmental Document 11/1/2014 Begin Design Engineering 1/1/2014 Plans, Specifications, and Cost Estimates complete 9/1/2014 Start Right-of-Way Acquisition N/A Rig ht-of-WayCertification N/A Authorization to Proceed for Construction 2/1/2015 Award Construction Deadline 8/1/2015 Project Completion (open for use 12/1/2015 Construction funding authorized through this agreement: CMAQ /FTA 5307: $682,260 LOCAL MATCH: $170,570 Preliminary Engineering $000's Fund Source Fiscal Year Original Planned Proportion Allocation TOTAL Rig ht-of-Way $000's Fund Source Fiscal Year Original Planned Proportion Allocation TOTAL Construction $000's Fund Source Fiscal Year Original Planned Proportion Allocation CMAQ / FTA 5307 FY 14/15 $682,260 80% CITY FY 14/15 $170,570 20% TOTAL $852,830.00 Note: Original project proposal included intersection improvements. The City of Huntington Beach was awarded a Highway Safety Improvement Program grant for the intersection improvements, reducing the total project cost of the original project proposal. Project Manager Name: Project Manager Signature: Page 1 of 1 COOPERATIVE AGREEMENT NO. C-4-2017 EXHIBIT B QUARTERLY/SEMI ANNUAL REPORT FORM Project Title: Agency: Date: Original Current Completion Completion Schedule 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 Engineering $000's) Fund Source Fiscal Planned Current Actual Remaining Year Obligation Estimates Expended Allocation Right-of-Way ($000's) Fund Source Fiscal Planned Current Actual Remaining Year Obligation Estimates Expended Allocation Construction $000's Fund Source Fiscal Planned Revised Actual Remaining Year Obli ation Allocation Expended Allocation Page 1 of 2 COOPERATIVE AGREEMENT NO. C-4-2017 EXHIBIT B Major Activities: Status: Issues: NameMtle: Phone: Email: Page 2 of 2 COOPERATIVE AGREEMENT NO. C-4-2017 EXHIBIT C EXHIBIT C: FINAL PROJECT REPORT FORM ra Date OCTA Instructions The responsible agency should fill out the following: 1) Final Project Form, 2) Final Cost, 3) Certificate of Completion. Page 4, the OCTA Staff Verification will be filled out by OCTA staff. 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. Agency Project Location and Scope of Work Verification of Match (Actual Expenditures) O TA iVia#ch 11tIF�CE an, v CMi4(Q. .Funcitng Phased Ql`!.R, _ Engineering $ - $ - $ - $ - $ - $ - 0% Right-of-Way $ - $ - $ - $ - $ - $ ` Construction $ - $ - $ - $ - $ - $ Total $ - $ - $ - Project Schedule Pi�as_e - f = Propose3 Draft Environmental Document Final Environmental Document Be in 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 of 1 COOPERATIVE AGREEMENT NO. C-4-2017 EXHIBIT C BCIP: Final Cost vp OCTA Item # Description Unit Quantity Unit Price Amount Page 2 of 2 COOPERATIVE AGREEMENT NO.C-4-2017 EXHIBIT C BLIP: FINAL COST OCTA I hereby certify that the statements provided here are true and correct. Proiect Title Yes No NIA 1 The project is designed to city/county and other participating jurisdictions'standards. ❑ ❑ ❑ 2 The project contract was awarded on: ENTER DATE ❑ ❑ ❑ 3 The total cost of the contract is equal to or less than the total BCIP ❑ ❑ ❑ funds awarded and matching funds provided. 4 The city/county provided matching funds to the project. ❑ ❑ ❑ 5 Right-of-way was acquired in conformance with city/county procedures. ❑ ❑ ❑ 6 All required environmental documentation is complete and certified. ❑ ❑ ❑ 7 An updated project schedule is included with the final invoice. ❑ ❑ ❑ 8 The final invoice is attached with all the necessary documentation. ❑ ❑ ❑ Name Title JPublic Works Director Signature Date Page 3 of 3 COOPERATIVE AGREEMENT NO. C-4-2017 EXHIBIT C BCIP: OCTA Staff Verification OCTA OCTA STAFF USE ONLY Orange County Transportation Authority staff has inspected the project site and certifies that the project is complete and ready for use. Proiect Title Name Title Signature Date Page 4 of 4 ® City Of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov 11 l449 Office of the City Clerk ® ` Joan L. Flynn, City Clerk April 22, 2015 Orange County Transportation Authority Attn: Michael Le, Associate Contract Administrator P. O. Box 14184 Orange, CA 92863-1584 Dear Mr. Le: Enclosed are two originals of the "Cooperative Agreement No. C-4-2017 Between Orange County Transportation Authority and City of Huntington Beach for The Bicycle Corridor Improvement Program Project Utica Avenue Bike Boulevard." Upon complete execution, please return one original to us. Please mail the document to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, r—w-/-Nv07Pvvw Joan L. Flynn, CIVIC City Clerk JF: pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand I COOPERATIVE AGREEMENT NO. C-4-2017 2 BETWEEN 3 ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 CITY OF HUNTINGTON BEACH 6 FOR 7 THE BICYCLE CORRIDOR IMPROVEMENT PROGRAM PROJECT 8 UTICA AVENUE BIKE BOULEVARD 9 10 THIS COOPERATIVE AGREEMENT is effective this 2 8day of Al A � 11 2015, by and between the Orange County Transportation Authority, 550 South Main Street, P O Box 12 14184, Orange, California 92863-1584, a public corporation of the State of California (hereinafter 13 referred to as "AUTHORITY"), and City of Huntington Beach, 2000 Main Street, Huntington Beach, 14 California 92648, a municipal corporation duly organized and existing under the constitution and laws of 15 the State of California(hereinafter referred to as CITY") 16 RECITALS: 17 WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define the 18 roles and responsibilities related to funding between AUTHORITY and CITY for engineering, right-of- 19 way acquisition, and construction of Utica Avenue Bike Boulevard project as defined in the scope of 20 work provided in the Bicycle Corridor Improvement Program 2014 Call for Projects, herein incorporated 21 by reference, (hereinafter referred to as"PROJECT'), and 22 WHEREAS, the Bicycle Corridor Improvement Program is funded with Congestion Mitigation 23 and Air Quality (hereinafter referred to as"CMAQ")funds, and 24 WHEREAS, the CMAQ program is authorized under Moving Ahead for Progress in the 21" 25 Century(MAP-21) Federal Transportation Act, and 26 WHEREAS, CITY is an eligible sub-recipient of Federal funding under the CMAQ program, and Page 1 of 10 COOPERATIVE AGREEMENT NO. C-4-2017 1 PROJECT is eligible for CMAQ funding contingent on California Department of Transportation 2 (hereinafter referred to as "Caltrans") and the Federal Highway Administration (hereinafter referred to 3 as FHWA) approval, and 4 WHEREAS, on January 13, 2014, AUTHORITY's Board of Directors, approved providing 5 funding of up to Six Hundred Eighty Two Thousand Two Hundred Sixty dollars ($682,260) in CMAQ 6 funds to be matched with Four Hundred Eighty Thousand dollars ($480,000) in CITY and Highway 7 Safety Improvement Program (HSIP)funds for the construction phase, and 8 WHEREAS, the HSIP project components were included in the match for the construction 9 phase, and 10 ` WHEREAS, CITY requested AUTHORITY to remove the HSIP funds from the match and 11 reduce the match to One Hundred Seventy Thousand Five Hundred and Seventy dollars ($170,570) in 12 CITY funds, consistent with the original match percentage of 20%, and 13 WHEREAS, CITY and AUTHORITY agree that the total full funding for PROJECT including 14 engineering, right-of-way acquisition, construction management and construction shall be Eight 15 Hundred Fifty Two Thousand Eight Hundred and Thirty dollars ($852,830) in accordance with Exhibit A 16 titled "Bicycle Corridor Improvement Program Funding Plan", which is attached herein and incorporated 17 by reference, and 18 WHEREAS, AUTHORITY and CITY agree that CMAQ funding for PROJECT is contingent upon 19 funding being available through MAP-21 and PROJECT maintaining its eligibility for this funding, and 20 WHEREAS, AUTHORITY and CITY agree that Caltrans and FHWA authorization is required 21 following AUTHORITY's amendment to the Federal Transportation Improvement Program (hereinafter 22 referred to as "FTIP"), and in order to proceed or commence each phase of PROJECT for performance 23 under this Cooperative Agreement, and 24 WHEREAS, AUTHORITY is responsible for programming the funds to specific projects within 25 Orange County, and Caltrans administers the CMAQ program on behalf of the FHWA and is 26 responsible for acquiring federal approvals for PROJECT on behalf of CITY, determining federal Page 2 of 10 COOPERATIVE AGREEMENT NO C-4-2017 1 eligibility, compliance with federal requirements, and reimbursement for project activities, and 2 WHEREAS, CITY agrees that AUTHORITY reserves the right to change the fund source 3 programmed to the PROJECT, 4 WHEREAS, CITY agrees to act as lead agency for engineering, right-of-way acquisition, 5 construction management and construction of PROJECT, and 6 WHEREAS, this Cooperative Agreement defines the specific terms and conditions and funding 7 responsibilities between AUTHORITY and CITY (hereinafter referred to as "PARTIES") for completion 8 of PROJECT, and 9 WHEREAS, AUTHORITY's Board of Directors approved the Cooperative Agreement on 13�h 10 day of January, 2014, and 11 WHEREAS, CITY's Council approved the Cooperative Agreement on day of 12 YTYR/�2015 13 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as 14 follows 15 ARTICLE 1. COMPLETE AGREEMENT 16 A This Cooperative Agreement, including any attachments incorporated herein and made 17 applicable by reference, constitutes the complete and exclusive statement of the term(s) and 18 conditions(s) of this Cooperative Agreement between AUTHORITY and CITY and it supersedes all prior 19 representations, understandings, and communications The invalidity in whole or in part of any term or 20 condition of this Cooperative Agreement shall not affect the validity of other term(s) or conditions(s) of 21 this Cooperative Agreement The above referenced Recitals are true and correct and are incorporated 22 by reference herein 23 B AUTHORITY's failure to insist on any instance(s) of CITY's performance of any term(s) 24 or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of 25 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and 26 CITY's obligation in respect thereto shall continue in full force and effect Changes to any portion of this Page 3 of 10 COOPERATIVE AGREEMENT NO. C-4-2017 1 Cooperative Agreement shall not be binding upon AUTHORITY except when specifically confirmed in 2 writing by an authorized representative of AUTHORITY by way of a written amendment to this 3 Cooperative Agreement and issued in accordance with the provisions of this Cooperative Agreement 4 C CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) 5 or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of 6 CITY's right to such performance or to future performance of such term(s) or condition(s), and 7 AUTHORITY's obligation in respect thereto shall continue in full force and effect Changes to any 8 portion of this Cooperative Agreement shall not be binding upon CITY except when specifically 9 confirmed in writing by an authorized representative of CITY by way of a written amendment to this 10 Cooperative Agreement and issued in accordance with the provisions of this Cooperative Agreement 11 ARTICLE 2. SCOPE OF AGREEMENT 12 This Cooperative Agreement specifies the roles and responsibilities of the Parties as they 13 pertain to the subjects and projects addressed herein Both AUTHORITY and CITY agree that each will 14 cooperate and coordinate with the other in all activities covered by this Cooperative Agreement and any 15 other supplemental agreements that may be required to facilitate purposes thereof 16 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY 17 AUTHORITY agrees to the following responsibilities for PROJECT 18 A AUTHORITY shall formally request on behalf of CITY that the Southern California 19 Association of Governments (hereinafter referred to as "SCAG") amend the FTIP to program up to the 20 amount in accordance with the funding plan outlined in Exhibit A, whereby AUTHORITY's performance 21 under this Cooperative Agreement is contingent upon SCAG, Caltrans and FHWA approval 22 B AUTHORITY shall provide assistance to CITY in securing the CMAQ funds 23 C AUTHORITY shall not be obligated to program any amount beyond what has been 24 identified in this Cooperative Agreement and what is ultimately approved for the project by Caltrans and 25 FHWA 26 D AUTHORITY shall process any required FTIP amendments Page 4 of 10 COOPERATIVE AGREEMENT NO. C-4-2017 1 E AUTHORITY shall review and approve CITY's request for obligation of CMAQ funds 2 prior to submittal to Caltrans District 12 3 F AUTHORITY may cancel projects for which CITY has not submitted request for 4 authorization to proceed (hereinafter referred to as"E-76 Request") by the date identified in Exhibit A as 5 required in Article 4, Paragraph E, or has not advanced PROJECT to ready-to-list stage as determined 6 by Caltrans guidelines 7 ARTICLE 4. RESPONSIBILITIES OF CITY 8 CITY agrees to the following responsibilities for PROJECT 9 A CITY will act as the lead agency for the engineering, right-of-way, construction and 10 construction management of PROJECT 11 B CITY will comply with all local, state, and federal project delivery requirements including 12 but not limited to Disadvantaged Business Enterprise, American with Disabilities Act, and Buy America 13 provisions 14 C CITY will submit National Environmental Policy Act (NEPA) and the Calgomia 15 Environmental Quality Act (CEQA) environmental documentation to Caltrans for approval by the date 16 as provided in the project schedule in Exhibit A 17 D CITY is responsible for preparing and submrtting to AUTHORITY an Engineer's 18 Estimate of PROJECT cost ninety (90) days prior to E-76 Request, and no later than the date identified 19 in Exhibit A 20 E CITY is responsible for preparing and submitting all necessary Caltrans-required 21 documentation including E-76 Request CITY agrees to submit an E-76 Request to Caltrans District 12 22 by the date identified in Exhibit A 23 F CITY acknowledges that if the E-76 Request is not submrtted to Caltrans with a copy to 24 OCTA by February 1, or CITY has not advanced PROJECT to ready-to-list stage as determined 25 through Caltrans guidelines by this date,the proposed funding shall be cancelled by AUTHORITY 26 G CITY shall provide 20% of the Construction costs in CITY funds as the required local Page 5 of 10 COOPERATIVE AGREEMENT NO.C-4-2017 1 match consistent with Exhibit A 2 H CITY will invoice Caltrans at minimum once every six months 3 1 CITY agrees that any cost overruns shall be the responsibility of CITY 4 J CITY will submit semi-annual status reports for PROJECT to AUTHORITY due on 5 January 15 for the prior six month period and due on July 15 for the prior six(6) month period (EXHIBIT 6 B titled"Quarterly/Semi-Annual Report Form") 7 K CITY will submit a final report to AUTHORITY within six (6) months of Caltrans payment 8 of final progress invoice for PROJECT in accordance with Exhibit C titled °CMAQ Final Project Report 9 Form° 10 L CITY is responsible for completing PROJECT in accordance with the funding plan 11 (EXHIBIT A), and to abide by all CMAQ programming guidelines, and any and all other federal, state, 12 and Caltrans requirements 13 ARTICLE 5. DELEGATED AUTHORITY 14 The actions required to be taken by CITY in the implementation of this Cooperative Agreement 15 are delegated to its Director of Public Works, or designee, and the actions required to be taken by 16 AUTHORITY in the implementation of this Cooperative Agreement are delegated to AUTHORITY's 17 Chief Executive Officer, or designee 18 ARTICLE 6. AUDIT AND INSPECTION 19 AUTHORITY and CITY shall maintain a complete set of records in accordance with generally 20 accepted accounting principles Upon reasonable notice, CITY shall permit the authorized 21 representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and 22 other data and records of CITY for a period of four (4) years after final payment, or until any on-going 23 audit is completed For the purposes of audit, the date of completion of this Cooperative Agreement 24 shall be the date of Caltrans' payment of CITY's final billing (so noted on the invoice) under this 25 Cooperative Agreement AUTHORITY shall have the right to reproduce any such books, records, and 26 accounts The above provision with respect to audits shall extend to and/or be included in construction Page 6 of 10 COOPERATIVE AGREEMENT NO. C-4-2017 1 contracts with CITY's contractor 2 ARTICLE 7. INDEMNIFICATION 3 A CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, 4 employees and agents from and against any and all claims (including attorneys fees and reasonable 5 expenses for litigation or settlement) for any loss or damages, bodily inlunes, including death, worker's 6 compensation subrogation claims, damage to or loss of use of property alleged to be caused by the 7 negligent acts, omissions or willful misconduct by CITY, its officers, directors, employees or agents in 8 connection with or ansing out of the performance of this Cooperative Agreement 9 B AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors, 10 employees and agents from and against any and all claims (including attorney's fees and reasonable 11 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 AUTHORITY, its officers, directors, employees or 14 agents in connection with or arising out of the performance of this Cooperative Agreement 15 C The indemnification and defense obligations of this Cooperative Agreement shall survive 16 its expiration or termination 17 ARTICLE B. ADDITIONAL PROVISIONS 18 AUTHORITY and CITY agree to the following mutual responsibilities 19 A Term of Agreement This Cooperative Agreement shall continue in full force and effect 20 through December 31, 2019 or until final acceptance by AUTHORITY, whichever is later This 21 Cooperative Agreement may be extended at the mutual consent of both parties 22 B Termination This Cooperative Agreement is null and void if project is not funded 23 AUTHORITY shall cancel projects for which CITY has not submitted an E-76 Request by February 1 of 24 the fiscal year for which funds are programmed and, or has not advanced PROJECT to ready stage as 25 determined by AUTHORITY This Cooperative Agreement may be terminated by either party after 26 giving thirty (30) days wntten notice Page 7 of 10 COOPERATIVE AGREEMENT NO. C-4-2017 1 C This Cooperative Agreement may be amended in writing at any time by the mutual 2 consent of both parties No amendment shall have any force or effect unless executed in writing by 3 both parties 4 D AUTHORITY and CITY shall comply with all applicable federal, state, and local laws, 5 statues, ordinances and regulations of any governmental authority having jurisdiction over PROJECT 6 E Legal Authority AUTHORITY and CITY hereto consent that they are authorized to 7 execute this Cooperative Agreement on behalf of said parties and that, by so executing this agreement, 8 the parties hereto are formally bound to the provisions of this Cooperative Agreement 9 F Severabdity If any term, provision, covenant or condition of this Cooperative Agreement 10 is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent 11 jurisdiction, the remainder of this Cooperative Agreement shall not be affected thereby, and each term, 12 provision, covenant or condition of this Cooperative Agreement shall be valid and enforceable to the 13 fullest extent permitted by law 14 G Counterparts of Agreement This Cooperative Agreement may be executed and 15 delivered in any number of counterparts, each of which, when executed and delivered shall be deemed 16 an original and all of which together shall constitute the same agreement Facsimile signatures will be 17 permitted 18 H Force Maieure Either AUTHORITY and CITY shall be excused from performing its 19 obligations under this Cooperative Agreement during the time and to the extent that it is prevented from 20 performing by an unforeseeable cause beyond its control, including but not limited to, any incidence of 21 fire, flood, acts of God, commandeering of material, products, plants or facilities by the federal, state or 22 local government, national fuel shortage, or a material act or omission by the other party, when 23 satisfactory evidence of such cause is presented to the other party, and provided further that such 24 nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the 25 AUTHORITY and CITY not performing 26 I Assignment Neither this Cooperative Agreement, nor any of the AUTHORITY and Page 8 of 10 COOPERATIVE AGREEMENT NO. C-4-2017 1 CITY rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either 2 AUTHORITY or CITY without the prior written consent of the other party in its sole and absolute 3 discretion Any such attempt of assignment shall be deemed void and of no force and effect Consent 4 to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any 5 right to consent to such subsequent assignment 6 J Obligations To Comply with Law Nothing herein shall be deemed nor construed to 7 authorize or require any party to issue bonds, notes or other evidences of indebtedness under the 8 terms, in amounts, or for purposes other than as authorized by local, state or federal law 9 K Governing Law The laws of the State of California and applicable local and federal 10 laws, regulations and guidelines shall govern this Cooperative Agreement 11 L Litigation fees Should litigation arise out of this Cooperative Agreement for the 12 performance thereof, the court shall award costs and expenses, including attorney's fees, to the 13 prevailing party 14 M Notices Any notices, requests, or demands made between the parties pursuant to this 15 Cooperative Agreement are to be directed as follows 16 17 To CITY To AUTHORITY 18 City of Huntington Beach Orange County Transportation Authority 19 2000 Main Street 550 South Main Street 20 Huntington Beach, CA 92648 P O Box 14184 21 Orange, CA 92863-1584 22 Attention Bob Stachelski Attention Michael Le 23 Transportation Manager Associate Contract Administrator 24 Phone (714)-563-5523 Phone (714)-560-5314 25 Email bstachelskia-surfcity-hb org Email mle1(a-)octa net 26 C Louis Zhao, Transportation Funding Analyst Page 9 of 10 1 COOPERATIVE AGREEMENT NO C-4-2Cr17 1 This Cooper avve Agreement shall be made effective upon execution by both Parties 2 IN WETNESS WHEREOF, the parties hereto have caused this Cooperanve Agreement No 3 C-4 2017 to be executed on the date first written above 4 C17Y OF HUNTINGTON BEACH ORANGE COU RANSPORT TION AUTHORI T Y 5 �� BY 5 By Darrell Jo n II I-la Chief Exe ve Officer 7 or 8 APPROVED AS TO FORME. 9 10 � • Joan L Flynn General Cou el 12 City�Clerk r 13 14APPROVAL RECOMIMI APP;OV5ED AS TO FO 15 16 g By Y a es Kia Niortazav� lae17 ' Attorney r1A1Jjw`r Executive Director, annmg 18 19 Q 20 Dated Dated - 21 22 23 4 c 4L 25 26 Page 10of10 EXHIBIT A BICYCLE CORRIDOR IMPROVEMENT PROGRAM FUNDING PLAN CITY OF HUNTINGTON BEACH UTICA AVENUE BIKE BOULEVARD Project Schedule and Funding Schedule Completion Date Final Environmental Document 11/1/2014 Begin Design Engineering 1/1/2014 Plans, Specifications, and Cost Estimates complete 9/1/2014 Start Right-of-Way Acquisition N/A Right-of-Way Certification N/A Authorization to Proceed for Construction 2/1/2016 Award Construction Deadline 8/1/2016 Project Completion (open for use 12/1/2016 Construction funding authorized through this agreement CMAQ /FTA 5307 $682,260 LOCAL MATCH $170,760 Preliminary Engineering $000's Fund Source Fiscal Year Original Planned Proportion Allocation TOTAL Right-of-Way $000's Fund Source Fiscal Year Original Planned Proportion Allocation TOTAL Construction ($000's) Fund Source Fiscal Year Original Planned Proportion Allocation CMAQ/FTA 5307 FY 15/16 $682,260 80% CITY FY 15/16 $170,750 20% TOTAL $852,830 Note Original project proposal included intersection improvements The City of Huntington Beach was awarded a Highway Safety Improvement Program grant for the intersection improvements, reducing the total project cost of the //original project proposal Project Manager Name T �d`J'G STGZ �h��Sk i Project Manager Signature COOPERATIVE AGREEMENT NO. C-4-2017 EXHIBIT B Major Activities Status Issues Nameffitle Phone, Email Page 2 of 2 COOPERATIVE AGREEMENT NO. C-4-2017 EXHIBIT C EXHIBIT C: FINAL PROJECT REPORT FORM Rate OCTA Instructions The responsible agency should fill out the following 1) Final Project Form, 2) Final Cost, 3)Certificate of Completion Page 4, the OCTA Staff Verification will be filled out by OCTA staff 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 Agency Project Location ar'd Scope of Work N,Pnficauop of Match (Actual Expenditures) -,Other, 4 '' (EtVTER (EtEITER (ENTER OCT,A -{" Match" hasp $SO_�JRCE)_ :S06J_R E) SOUf_t E) -t:MAQ Fun afon _ Y Total Rate ' Engineering $ - $ - $ - $ - $ - $ - Q% Right-of-Way $ - $ - $ - $ - $ - $ - Construction $ - $ - $ - $ - $ - $ - Total $ - $ - $ - $ - $ - $ - Project Schedule Phase - - ,Rro osed- Actual_ 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 of 1 COOPERATIVE AGREEMENT NO.C-4-2017 EXHIBIT C BCIP: Final Cost OCTA Item # Description Unit Quantity Unit Price Amount Page 2 of 2 COOPERATIVE AGREEMENT NO C-4-2017 EXHIBIT C BCIP: FINAL COST OCTA I hereby certify that the statements provided here are true and correct Proiect Title Yes No NIA 1 The project is designed to city/county and other participating jurisdictions'standards ❑ ❑ ❑ "2 The project contract was awarded on E' ENTER DATE ❑ ❑ ❑ 3 The lotai Fost of the_contract is equal to or less than the total BCIP ❑ El ❑ funds awarded and snatching funds provided 4 The tv;..o;iiTfiy pro%,oded matening surds to the proiect ❑ 0 ❑ 6 Rrght-of- a r war acclizer-i,conformance witb ciitv/county procedure's ❑ ❑ ❑ F all mgotVed enviiormen"A dacurnentation is complete and certified ❑ ❑ ❑ 7 An ur doted orojer:t schediJie is included iwth the final invoics ❑ 8 Ths§-al Invoice 5:3 attachee firth all the necessary dccun--� it^tjor ❑ ❑ Name Title JPublic Works Director Signature Bate Page 3 of 3 COOPERATIVE AGREEMENT NO. C-4-2017 EXHIBIT C BCIP: OCTA Staff Verification OCTA OCTA STAFF USE ONLY Orange County Transportation Authority staff has inspected the project site and certifies that the project is complete and ready for use Proiect Title Name TCt€e e!%3t i��C9t i DRtp Page 4 of 4 1