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HomeMy WebLinkAbout10 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-1-3023 (OCTA)Agenda Item 10 AGENDA REPORT Reviewed: City Manager Finance Director MEETING DATE: JANUARY 21, 2014 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER SUBJECT: APPROVE AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C -1- 3023 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE WARNER AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT SUMMARY Staff is requesting that the City Council approve Amendment No. 1 to Cooperative Agreement No. C -1 -3023 with the Orange County Transportation Authority (OCTA) for implementation of the Warner Avenue Traffic Signal Synchronization Project. The original agreement was approved with the anticipation that the State of California would also participate in the project. However, the State will not be participating and the agreement is being amended to include only the cities of Huntington Beach, Fountain Valley, Santa Ana and Tustin, while also extending the term an additional one year and nine months to June 30, 2016. The OCTA will take the lead in implementing the project. RECOMMENDATION It is recommended that the City Council approve Amendment No. 1 to Cooperative Agreement No. C -1 -3023 with the Orange County Transportation Authority for the Warner Avenue Traffic Signal Synchronization Project, and authorize the Mayor and City Clerk to execute the amendment on behalf of the City. FISCAL IMPACT Under the OCTA Competitive Measure M2 Traffic Signal Synchronization Program (Project P), agencies are required to provide minimum match funding of twenty percent (20 %) for the project. Under the original agreement Tustin's share was approximately $6,100 and remains the same under Amendment No. 1. Funds for this project have been budgeted in the City's Capital Improvement Program, CIP 40081, using M2 Fair Share funds. CORRELATION TO THE STRATEGIC PLAN Traffic signal synchronization contributes to the fulfillment of the City's Strategic Plan Goal B: Public Safety and Protection of Assets. Specifically, the project implements or fosters the implementation of strategy #3, which among other items, is to ensure continuous maintenance and improvement of traffic control and transportation facilities. BACKGROUND /DISCUSSION On July 26, 2010, the OCTA adopted the countywide Traffic Signal Synchronization Master Plan. From this Master Plan, the Regional Traffic Signal Synchronization Program (Project P) was developed. To maintain City eligibility for funding under Project P, the City Council adopted the Local Signal Synchronization Plan (LSSP) for Tustin on December 7, 2010 in compliance with the OCTA Master Plan. Amendment No. 1 to Cooperative Agreement C -1 -3023 Warner Avenue Signal Synchronization January 21, 2014 Page 2 On May 21, 2012, Cooperative Agreement No. C -1 -3023 was executed by the OCTA and the cities of Huntington Beach, Fountain Valley, Santa Ana and Tustin. At that time the agreement was written with anticipation that the State of California would participate in the project. However, the State has decided not to participate and the agreement is being amended accordingly. Approval of Amendment No. 1 by all agencies is required before work can proceed. The City Attorney has approved the amendment as to form. Dolal S /gtack, P.E. Dir cto o ublic Works /City Engineer Attachment: Amendment No. 1 to Cooperative Agreement No. C -1 -3023 S: \City Council Items\2014 Council Items \01- 21- 2014\Amendment to Coop. Agmt. OCTA (Warner Ave Signal Synchronization Project)\Approve Amendment No. 1 to Coop. Agmt. No. C -1 -3023 with OCTA for Warner Avenue Signal Synchronization Projcet.docx ATTACHMENT AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT C -1 -3023 1 2 3 4 s 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C -1 -3023 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITIES OF HUNTINGTON BEACH, FOUNTAIN VALLEY, SANTA ANA, AND TUSTIN FOR THE WARNER AVENUE PROJECT FUNDED AS PART OF THE MEASURE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P) THIS AMENDMENT NO. 1 is made and entered into this day of 2013, by and between the Orange County Transportation Authority, ( "AUTHORITY "), and the Cities of Huntington Beach, Fountain Valley, Santa Ana, and Tustin (hereinafter referred to as the "PARTICIPATING AGENCIES "). WITNESSETH: WHEREAS, by Agreement No. C -1 -3023 dated May 21, 2012, AUTHORITY and PARTICIPATING AGENCIES entered into a cooperative agreement for the coordination of traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (Project P) to enhance countywide traffic flow and reduce congestion; and WHEREAS, AUTHORITY and PARTICIPATING AGENCIES agree to remove Caltrans participation; and WHEREAS, AUTHORITY and PARTICIPATING AGENCIES agree to revise "Attachment B — Detailed Local Match Commitment" to reflect the changes in match distribution; and WHEREAS, AUTHORITY and PARTICIPATING AGENCIES agree to extend the term of the agreement for an additional one (1) year and nine (9) months to June 30, 2016; and Page 1 of 6 1 2 3 4 5 6 7 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C -1 -3023 NOW, THEREFORE, it is mutually understood and agreed that Agreement No. C -1 -3023 is hereby amended in the following particulars only: 1. Amend Page 1 of 16, to delete lines 6 -7 in their entirety. 2. Amend Page 1 of 16, lines 15 -16 to delete in their entirety and in lieu thereof, insert and The Cities of Huntington Beach, Fountain Valley, Santa Ana, and Tustin (hereinafter referred to as the "Participating Agencies "). 3. Amend Page 2 of 16, lines 17 -19 to delete "One Hundred, Fifty -Five Thousand, Four Hundred Sixty -Four Dollars ($155,464.00)" and in lieu thereof, insert "One Hundred, Forty Thousand, Seven Hundred Twenty -Seven Dollars ($140,727.00) ". 4. Amend Page 3 of 16, to delete lines 10 -11 in their entirety. 5. Amend ARTICLE 9. ADDITIONAL PROVISIONS, page 8 of 16, Paragraph A, to delete "September 30, 2014 ", as the expiration date of the Agreement and in lieu thereof, insert "June 30, 2016 ". 6. Amend Page 11 of 16, lines 11 -18 to delete the notices section for the State of California in its entirety. 7. Remove "Attachment B" and replace with "Attachment B —Amendment No. 1." / / Page 2 of 6 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 26 ML_ AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C -1 -3023 The balance of Agreement No. C -1 -3023 remains unchanged. This Amendment shall be made effective upon execution by all parties. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. C -1 -3023 to be executed on the date first above written. CITY OF FOUNTAIN VALLEY ORANGE COUNTY TRANSPORTATION AUTHORITY Bv: Mark McCurdy Mayor ATTEST: By: Kathy Bailor City Clerk APPROVED AS TO FORM: By: Alan Burns City Attorney Date: Bv: Meena Katakia Manager, Capital Projects APPROVED AS TO FORM: By: . Kennard R. Smart, Jr. General Counsel Page 3 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C -1 -3023 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. C -1 -3023 to be executed on the date first above written. CITY OF HUNTINGTON BEACH Bv: Donald F. Hansen, Jr. Mayor ATTEST: Bv: Joan L. Flynn City Clerk APPROVED AS TO FORM: Bv: Jennifer McGrath City Attorney Date: Page 4 of 6 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C -1 -3023 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. C -1 -3023 to be executed on the date first above written. CITY OF SANTA ANA Bv: David Cavazos City Manager ATTEST: Bv: Maria D. Huizar City Clerk APPROVED AS TO FORM: By: Joe Straka City Attorney Date: Page 5 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C -1 -3023 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. C -1 -3023 to be executed on the date first above written. CITY OF TUSTIN By: Elwyn A. Murray Mayor ATTEST: By: Jeffrey C. Parker City Clerk APPR VED AS FORM: By: David E. Kendig City Attorney Date: /.21,2 Z %3 Page 6of6 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C -1 -3023 ATTACHMENT B DETAILED LOCAL MATCH COMMITMENT SECTION 1: AGENCY TOTAL MATCH SUMMARY Agency Cash In -Kind Total Match City of Huntington Beach $ 67,357.00 $ 0.00 $ 67,357.00 City of Fountain Valley $ 13,420.00 $ 4,779.00 $ 18,199.00 City of Tustin $ 6,110.00 $ 0.00 $ 6,110.00 City of Santa Ana $ 0.00 $ 49,061.00 $ 49,061.00 TOTAL $86,887.00 $ 53, 840.00 $ 140, 727.00 SECTION 2: MATCH BREAKDOWN (CASH VS IN -KIND SERVICES) A. Cash Match Agency Funding Source Amount of Cash Contribution City of Huntington Beach N/A $ 67,357.00 City of Fountain Valley $ $ 13,420.00 City of Tustin $ 6,110.00 TOTAL $ 86,887.00 B. In -Kind Services i. Specific Improvements (List items and Cost): Agency Improvement Date of Construction Expenditure N/A $ TOTAL $ Page 1 of 2 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C -1 -3023 ATTACHMENT B ii. Staffing Commitment: Agency Staff Position Type of Service to No. of Fully Burdened Total* Project Hours Hourly Rate City of Fountain Valley Engineering Project Admin 47.79 $100 $ 4,779.00 Total in -kind services provided by City of Fountain Valley. $4,779.00 City of Santa Ana Senior Civil Engineer Project Admin 50 $180.46 $ 9,023.00 City of Santa Assistant Engineer II Project Design / 120 $149.91 $ 17,990.00 Ana Implementation City of Santa Assistant Traffic Project Design / 107.55 $142.76 $ 15,353.50 Ana Oper Engineer Implementation City of Santa Engineering intern Project Design / 150 $44.63 $ 6,694.50 Ana Implementation Total in -kind services provided by City of Santa Ana: $49,061.00 TOTAL IN -KIND MATCH *: $ 53,840.00 *Total amount is the required participation by the identified agency. The number of hours and hourly rate will be based on each agency's actual fully burdened billing rates, which must collectively equal the same value of the assigned "Total' dollars. Each agency will be responsible for keeping detailed records of hours worked and description of work. An accounting record of personnel, hours at fully burdened rate is expected to be included with the final submittal. Records will be subject to auditing. Page 2 of 2