HomeMy WebLinkAbout04 COOP AGREEMENT NO. C-5-3589 - TRAFFIC SIGNAL SYNCH PROJECT 1fi O Agenda Item `l
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4y'' City Manager
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MEETING DATE: MARCH 1, 2016
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVE COOPERATIVE AGREEMENT NO. C-5-3589 WITH THE ORANGE
COUNTY TRANSPORTATION AUTHORITY FOR THE WESTMINSTER
AVENUE/SEVENTEENTH STREET REGIONAL TRAFFIC SIGNAL
SYNCHRONIZATION PROJECT (PROJECT P)
SUMMARY
Staff is requesting that the City Council approve Cooperative Agreement No. C-5-3589 with the
Orange County Transportation Authority (OCTA) for implementation of the Westminster
Avenue/Seventeenth Street Regional Traffic Signal Synchronization Project. Engineering and
construction will be performed in collaboration with the Cities of Santa Ana, Garden Grove, Seal
Beach, Westminster and the County of Orange. The OCTA will take the lead in implementing the
project. Work will be performed under the OCTA Competitive Measure M2 Regional Traffic Signal
Synchronization Program (Project P).
RECOMMENDATION
It is recommended that the City Council approve Cooperative Agreement No. C-5-3589 with the
Orange County Transportation Authority for the Westminster Avenue/Seventeenth Street Regional
Signal Synchronization Project. and authorize the Mayor and City Clerk to execute the agreement
on behalf of the City.
FISCAL IMPACT
Under the OCTA Competitive Measure M2 Regional Traffic Signal Synchronization Program
(Project P). agencies are required to provide minimum match funding of twenty percent (20%) for
the project. with Tustin's share amounting to approximately $38,500 plus City administrative costs.
The total estimated project cost is $3,525,128. The total requested funds through the 2015
Measure M2 Regional Traffic Signal Synchronization Program are $2,820,102. The participating
agencies per the M2 Ordinance. agree to provide project funding in combined cash and in-kind
services match of Seven Hundred Five Thousand Twenty Six Dollars ($705,026) as shown in
Attachment A, or equivalent to twenty percent (20%) of project cost. Funds for this project have
been budgeted and appropriated in the Fiscal Year 2015-2016 Capital Improvement Program
using M2 Fairshare funds (Fund 139).
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.
Cooperative Agreement No. C-5-3589 Seventeenth Street Traffic Signal Synchronization Project
March 1, 2016
Page 2
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 (RTSSP), 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. Project P is the M2 Program that provides funding for multi-jurisdictional
signal synchronization projects. The program is administered through the Comprehensive
Transportation Funding Programs (CTFP), which allocates funds through a competitive process
based on a common set of guidelines and scoring criteria approved by the OCTA Board of
Directors. On August 11, 2014 the OCTA Board authorized a call (2015 Call) for projects making
available approximately $15 million in RTSSP.
On October 23, 2014, the City of Santa Ana, in collaboration with the cities of Tustin, Garden
Grove, Seal Beach, Westminster and the County of Orange, submitted an application to the OCTA
for the Westminster Avenue/Seventeenth Street Regional Traffic Signal Synchronization Project.
A total of 16 applications were submitted to the OCTA requesting over $20 million in RTSSP
funding. Subsequently, City Council adopted Resolution No. 14-66 on November 18. 2014
approving the application and match requirement pursuant to the CTFP Programs Procedures
Manual. Applications were reviewed to determine eligibility, consistency, and adherence to the
program guidelines and objectives. The seven highest scoring projects were approved by the
OCTA Board on April 27. 2014 for a total recommended program funding amount of $16.29 million.
A total of sixty three (63) traffic signalized intersections will be improved by this project. The two
Tustin controlled signals on Seventeenth Street at Yorba Street South/Carroll Way and at Yorba
Street North/Enderle Center Drive along with the intersection of Yorba Street at Vandenberg Lane
are included in the project. The scope of work includes certain hardware and software upgrades to
intersection traffic controller units, traffic telematics and intertie systems, Advance Transportation
Management Systems (ATMS), and other associated systems will be constructed and/or installed
and implemented as part of the project.
Approval of the cooperative agreement by all agencies is required before work can proceed. The
City Attorney has approved the agreement as to form.
raou% . •. Stack, P.E.
Dire. •• of Public Works/City Engineer
Attachment Cooperative Agreement No. C-5-3589
S:\City Council Items\2016 Council Items\03-01-2016\Approve Coop Agreement 17th St\Approve Coop.Agmt. No. C-5-3589 with
OCTA for Seventeenth St Traffic Signal Synchronization Project.docx
1 COOPERATIVE AGREEMENT NO. C-5-3589
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITIES OF SANTA ANA, GARDEN GROVE, SEAL BEACH,
6 TUSTIN, WESTMINSTER,
7 AND
8 COUNTY OF ORANGE
9 FOR
10 WESTMINSTER AVENUE/17TH STREET REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION
11 PROJECT
12 THIS COOPERATIVE AGREEMENT (Agreement), is effective this day of
13 , 201 , by and between the Orange County Transportation Authority, 550 South
14 Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of
15 California (herein referred to as"AUTHORITY") and the cities of Santa Ana, Garden Grove, Seal Beach,
16 Tustin, Westminster, and the County of Orange (hereinafter referred to as "PARTICIPATING
17 AGENCIES") each individually known as "Party" and collectively known as the"Parties".
18 RECITALS:
19 WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES is working
20 together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed
21 Measure M (M2) Regional Traffic Signal Synchronization Program (Project P) to enhance countywide
22 traffic flow and reduce congestion; and
23 WHEREAS, the AUTHORITY has completed the competitive 2015 Call for Projects (hereinafter,
24 "2015 CALL") in support of Project P and awarded Project P funds based on the application (hereinafter,
25 "APPLICATION") prepared by the City of Santa Ana (hereinafter referred to as the "APPLICANT
26 /
Page 1 of 18
COOPERATIVE AGREEMENT NO. C-5-3589
WESTMINSTER AVENUE / 17TH STREET - RTSSP
1 AGENCY") for implementation of signal synchronization of traffic signals along Westminster Avenue/17th
2 Street (hereinafter, "PROJECT"); and
3 WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected to
4 designate the AUTHORITY and the AUTHORITY agrees to act as the implementing agency to carry out
5 PROJECT; and
6 WHEREAS, the PROJECT will include approximately sixty three (63) traffic signalized
7 intersections as identified in the APPLICATION; and
8 WHEREAS, the PROJECT will include Intelligent Transportation System (ITS) elements
9 identified in the APPLICATION including certain hardware and software upgrades to intersection traffic
10 controller units, traffic telematics and intertie systems, Advanced Transportation Management
11 Systems (ATMS), and other associated systems (hereinafter collectively referred to as "ITS
12 ELEMENTS"), will be constructed and/or installed and implemented as part of the PROJECT as
13 identified in APPLICATION; and
14 WHEREAS, the AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate
15 the inclusion of other ITS elements (OTHER ELEMENTS) that should be installed at the same time
16 as the construction of the PROJECT and are NOT part of this Agreement; and
17 WHEREAS, all costs associated with the inclusion of these OTHER ELEMENTS are the sole
18 responsibility of the AGENCY owning each and any of those OTHER ELEMENTS during the course
19 of the project; and
20 WHEREAS, based on APPLICATION, the AUTHORITY agrees to implement the PROJECT; and
21 WHEREAS, the PARTICIPATING AGENCIES per the M2 Ordinance, agree to provide
22 PROJECT funding in a combined cash and in-kind services match of Seven Hundred Five Thousand
23 Twenty Six Dollars ($705,026.00), as shown in Attachment A, or equivalent to twenty percent (20%) of
24 PROJECT cost; and
25 WHEREAS, the AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this
26 Agreement to implement the PROJECT in support of Project P; and
Page 2 of 18
COOPERATIVE AGREEMENT NO. C-5-3589
WESTMINSTER AVENUE/ 17T"STREET -RTSSP
1 WHEREAS, this Agreement defines the specific terms, conditions, and funding responsibilities
2 between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation of the
3 PROJECT.
4 WHEREAS, the Orange County Transportation Authority Board of Directors approved funding for
5 the PROJECT and authorized the Chief Executive Officer to negotiate and execute this cooperative
6 agreement on April 27, 2015.
7 WHEREAS, the City of Santa Ana's City Council approved this Agreement on the day of
8 , 20
9 WHEREAS, the City of Garden Grove's City Council approved this Agreement on the day
10 of , 20
11 WHEREAS, the City of Seal Beach's City Council approved this Agreement on the day of
12 , 20
13 WHEREAS, the City of Tustin's City Council approved this Agreement on the day of
14 , 20
15 WHEREAS, the City of Westminster's City Council approved this Agreement on the day
16 of , 20
17 WHEREAS, the County of Orange Board of Supervisors approved this Agreement on the
18 day of 20
19 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the
20 PARTICIPATING AGENCIES as follows:
21 ARTICLE 1. COMPLETE AGREEMENT
22 A. This Agreement, including any attachments incorporated herein and made applicable by
23 reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this
24 Agreement between AUTHORITY and PARTICIPATING AGENCIES and it supersedes all prior
25 representations, understandings, and communications. The invalidity in whole or in part of any term or
26 /
Page 3 of 18
COOPERATIVE AGREEMENT NO. C-5-3589
WESTMINSTER AVENUE/17T" STREET - RTSSP
1 condition of this Agreement shall not affect the validity of other term(s)or conditions(s) of this Agreement.
2 The above referenced Recitals are true and correct and are Incorporated by reference herein.
3 B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES'
4 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
5 relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or
6 condition(s), and PARTICIPATING AGENCIES' obligation in respect thereto shall continue in full force
7 and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except
8 when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written
9 amendment to this Agreement and issued in accordance with the provisions of this Agreement.
10 C. PARTICIPATING AGENCIES' failure to insist on any instance(s) of AUTHORITY'S
11 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
12 relinquishment of PARTICIPATING AGENCIES' right to such performance or to future performance of
13 such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force
14 and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING
15 AGENCIES except when specifically confirmed in writing by an authorized representative of
16 PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in
17 accordance with the provisions of this Agreement.
18 ARTICLE 2. SCOPE OF AGREEMENT
19 This Agreement specifies the roles and responsibilities of the Parties as they pertain to the
20 subjects and projects addressed herein. Both AUTHORITY and PARTICIPATING AGENCIES agree
21 that each will cooperate and coordinate with the other in all activities covered by this Agreement and any
22 other supplemental agreements that may be required to facilitate purposes thereof.
23 /
24 /
25 /
26 /
Page 4 of 18
COOPERATIVE AGREEMENT NO. C-5-3589
WESTMINSTER AVENUE/ 17T" STREET - RTSSP
1 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
2 AUTHORITY agrees to the following responsibilities for funding of the PROJECT:
3 A. AUTHORITY shall implement the PROJECT based on the intent of the usage in the
4 APPLICATION prepared by the APPLICANT AGENCY in accordance with the policies and procedures
5 contained in the Comprehensive Transportation Funding Program (CTFP) guidelines.
6 B. AUTHORITY shall provide oversight in order to maintain inter-jurisdictional traffic signal
7 operational integrity between PROJECT and other similar type projects not older than three (3) years.
8 C. AUTHORITY will act as the LEAD AGENCY and provide and file all documentation
9 necessary to comply with California Environmental Quality Act (CEQA) regulations for PROJECT.
10 D. AUTHORITY shall perform web-based public outreach activities for the project to
11 communicate major project milestones and results.
12 E. AUTHORITY shall provide formats, templates, and guidance in reporting requirements as
13 described in CTFP.
14 F. AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of
15 PROJECT, may perform a technical and/or field review to ensure that the CTFP Guidelines, policies, and
16 procedures were followed. Such a review may be performed one hundred and eighty(180) days after the
17 PROJECT three year grant period is complete. If the technical and or field review determines that any of
18 the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must reimburse
19 and return the amount of funding used to perform the ineligible activity to AUTHORITY.
20 G. AUTHORITY shall invoice the PARTICIPATING AGENCIES as identified in
21 APPLICATION and Attachment A for the dollar cash match at the start of the PROJECT or at a mutually
22 agreed upon time to facilitate any respective AGENCY funding timeframes.
23 H. AUTHORITY shall request updates on the PROJECT as part of semi-annual review
24 process, including documentation of in-kind match conforming to Attachment A and will include the
25 PROJECT in the list of active projects in OCfundTrAcker until completion of the three year grant period.
26 Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders.
Page 5 of 18
COOPERATIVE AGREEMENT NO. C-5-3589
WESTMINSTER AVENUE/ 17T" STREET - RTSSP
1 ARTICLE 4. RESPONSIBILITIES OF THE AUTHORITY AS PROJECT LEAD AGENCY
2 The AUTHORITY as the LEAD AGENCY agrees to the following responsibilities for the
3 implementation of the PROJECT:
4 A. AUTHORITY shall act as the LEAD AGENCY for the work necessary to manage, procure,
5 and complete the PROJECT as identified in APPLICATION.
6 B. To coordinate outreach with PARTICIPATING AGENCIES for PROJECT.
7 C. To collect all data necessary to provide new optimized timing plans including, but not
8 limited to, manual intersection all movement counts, and twenty four(24) hour/seven (7) day automated
9 machine traffic counts with vehicle classification.
10 D. To develop and implement new timing plans optimized for signal synchronization.
11 E. To provide updated timing plans for all control systems and all relevant data used to
12 develop said plans to PARTICIPATING AGENCIES.
13 F. To prepare a "Before and After Study" for PROJECT as described in the Measure M2
14 Eligibility Guidelines adopted by the AUTHORITY. The "Before and After Study" for the project is
15 considered the equivalent of the required Project Final Report (Measure M2 Ordinance No. 3, Section
16 B.III.9) for PROJECT. The AUTHORITY shall provide the "Before and After Study" to the
17 PARTICIPATING AGENCIES in draft and final formats for review and comment. AGENCY comments
18 shall be noted in the final study. If specified in APPLICATION,AUTHORITY shall provide a "Before and
19 After Study"video of a representative portion of PROJECT at up to two public meetings.
20 ARTICLE 5. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES
21 PARTICIPATING AGENCIES agree to the following responsibilities for implementation and
22 funding of PROJECT:
23 A. Provide a technical representative to meet and participate as a member of the
24 PROJECT's Traffic Forum.
25 B. To authorize the AUTHORITY to manage, procure, and implement all aspects of
26 PROJECT.
Page 6 of 18
COOPERATIVE AGREEMENT NO. C-5-3589
WESTMINSTER AVENUE/ 17T" STREET - RTSSP
1 C. To participate and support PROJECT implementation within the timeframe outlined in
2 APPLICATION and consistent with the CTFP Guidelines adopted by AUTHORITY.
3 D. To provide AUTHORITY all current intersection, local field master, and/or ATMS timing
4 plans and related data upon request.
5 E. To provide the local cash match and/or documentation for the in-kind services match
6 for PROJECT in accordance with Attachment A. Failure to provide included local cash match and or
7 evidence of in-kind services match may result in the loss of future participation for competitive funding
8 opportunities.
9 F. PARTICIPATING AGENCIES that have included a dollar match as identified in
10 Attachment A shall provide payment for the dollar match to AUTHORITY within thirty (30) calendar
11 days of receipt of an invoice.
12 G. PARTICIPATING AGENCIES that have included an in-kind services match as identified
13 in Attachment A shall provide documentation of conformance as part of the semi-annual review process.
14 H. To waive all fees associated with any local agency permits that may be required of the
15 consultant, subconsultants, and/or service or equipment providers in the performance of the PROJECT.
16 I. PARTICIPATING AGENCIES shall provide updates on PROJECT to AUTHORITY as
17 part of semi-annual review process until completion of the three year PROJECT grant period. Documents
18 to be provided include, but are not limited to, payroll records, contracts, and purchase orders.
19 J. PARTICIPATING AGENCIES shall, if specified in APPLICATION, continue Ongoing
20 Monitoring and Maintenance after the three year grant period is complete and continue until the end of
21 the PROJECT per additional Maintenance of Effort in APPLICATION.
22 ARTICLE 6. DELEGATED AUTHORITY
23 The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this
24 Agreement are delegated to their respective City Manager, or designee, and the actions required to be
25 taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief
26 Executive Officer or designee.
Page 7 of 18
COOPERATIVE AGREEMENT NO. C-5-3589
WESTMINSTER AVENUE/ 17TH STREET - RTSSP
1 ARTICLE 7. AUDIT AND INSPECTION
2 AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in
3 accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING
4 AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work,
5 materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a
6 period of five (5) years after final payment, or until any on-going audit is completed. For purposes of
7 audit, the date of completion of this Agreement shall be the date of AUTHORITY's payment of OCTA
8 Consultant's final billing (so noted on the invoice) under this Agreement. AUTHORITY shall have the
9 right to reproduce any such books, records, and accounts. The above provision with respect to audits
10 shall extend to and/or be included in contracts with PARTICIPATING AGENCIES' contractor.
11 ARTICLE 8. INDEMNIFICATION
12 A. To the fullest extent permitted by law, PARTICIPATING AGENCIES shall defend (at
13 PARTICIPATING AGENCIES' sole cost and expense with legal counsel reasonably acceptable to
14 AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, its officers, directors, employees, and
15 agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits,
16 claims, demands, losses, costs,judgments, arbitration awards, settlements, damages, demands, orders,
17 penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not
18 limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCIES' employees
19 included), for damage to property, including property owned by AUTHORITY, or from any violation of any
20 federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful
21 misconduct of PARTICIPATING AGENCIES, its officers, directors, employees or agents in connection
22 with or arising out of the performance of this Agreement.
23 B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole
24 cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES), indemnify,
25 protect, and hold harmless PARTICIPATING AGENCIES, its officers, directors, employees, and agents
26 (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims,
Page 8 of 18
COOPERATIVE AGREEMENT NO. C-5-3589
WESTMINSTER AVENUE/ 17TH STREET - RTSSP
1 demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders,
2 penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not
3 limited to Claims arising from injuries to or death of persons (AUTHORITY's employees included), for
4 damage to property, including property owned by PARTICIPATING AGENCIES, or from any violation of
5 any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or
6 willful misconduct of AUTHORITY, its officers, directors, employees or agents in connection with or arising
7 out of the performance of this Agreement.
8 C. The indemnification and defense obligations of this Agreement shall survive its expiration
9 or termination.
10 ARTICLE 9. ADDITIONAL PROVISIONS
11 A. Term of Agreement: This Agreement shall be in full force and effect through
12 20
13 B. Amendment: This Agreement may be extended or amended in writing at any time by the
14 mutual consent of all Parties and AUTHORITY. No amendment shall have any force or effect unless
15 executed in writing by all Parties and AUTHORITY.
16 C. Termination: In the event any Party defaults in the performance of their respective
17 obligations under this Agreement or breaches any of the provisions of this Agreement, a non-defaulting
18 Party(s) shall have the option to terminate this Agreement upon thirty (30) calendar days prior written
19 notice to the Party in default.
20 D. Termination for Convenience: Either Party may terminate this Agreement for its
21 convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for
22 convenience to the other Party.
23 E. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal,
24 state, and local laws, statues, ordinances and regulations of any governmental authority having
25 jurisdiction over the PROJECT.
26 /
Page 9 of 18
COOPERATIVE AGREEMENT NO. C-5-3589
WESTMINSTER AVENUE/ 17TH STREET -RTSSP
1 F. Legal Authority: AUTHORITY and PARTICIPATING AGENCIES hereto consent that they
2 are authorized to execute this Agreement on behalf of said Parties and that, by so executing this
3 Agreement, the Parties hereto are formally bound to the provisions of this Agreement.
4 G. Severability: If any term, provision, covenant or condition of this Agreement is held to be
5 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
6 remainder of this Agreement shall not be affected thereby, and each term,
7 provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent
8 permitted by law.
9 H. Counterparts of Agreement: This Agreement may be executed and delivered in any
10 number of counterparts, each of which, when executed and delivered shall be deemed an original and all
11 of which together shall constitute the same agreement. Facsimile signatures shall be permitted.
12 I. Force Majeure: Either Party shall be excused from performing its obligations under this
13 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
14 cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God;
15 commandeering of material, products, plants or facilities by the federal, state or local government; national
16 fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause
17 is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond
18 the control and is not due to the fault or negligence of the Party not performing.
19 J. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or
20 authority hereunder may be assigned in whole or in part by either Party without the prior written consent
21 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed
22 void and of no force and effect. Consent to one assignment shall be deemed consent to any subsequent
23 assignment, nor the waiver of any right to consent to such subsequent assignment.
24 K. Governing Law: The laws of the State of California and applicable local and federal laws,
25 regulations and guidelines shall govern this Agreement.
26 /
Page 10 of 18
COOPERATIVE AGREEMENT NO. C-5-3589
WESTMINSTER AVENUE/ 17Th STREET - RTSSP
1 L. Litigation fees: Should litigation arise out of this Agreement for the performance thereof,
2 the court shall award costs and expenses, including attorney's fees, to the prevailing Party.
3 M. Notices: Any notices, requests, or demands made between the Parties pursuant to this
4 Agreement are to be directed as follows:
5
To SANTA ANA: To AUTHORITY:
6
City of Santa Ana Orange County Transportation Authority
7
20 Civic Center Plaza—M43 550 South Main Street
8 P. O. Box 14184
Santa Ana, CA 92701
9 Orange, CA 92863-1584
10 Attention: Vinh Nguyen Attention: Venita Anderson
11 Senior Civil Engineer Senior Contract Administrator
Tel: (714) 647-5612 Tel: (714) 560-5427
12
E-mail: vnquyen(a santa-ana.org E-mail: vandersonocta.net
13
14
To GARDEN GROVE: To SEAL BEACH:
15
City of Garden Grove City of Seal Beach
16
11222 Acacia Parkway 211 81h Street
17 Garden Grove, CA 92842
Seal Beach, CA 90740
18
19 Attention: Tony Aquino Attention: Cesar Rangel
20 City Traffic Engineer Assistant Engineer
Tel: (714) 741-5193 Tel: (562) 431-2527 ext. 1328
21
E-mail: tony1(cr�garden-grove.orq E-mail: crangel(a�sealbeachca.gov
22
23
24 /
25 /
26 /
Page 11 of 18
COOPERATIVE AGREEMENT NO. C-5-3589
WESTMINSTER AVENUE / 17T" STREET - RTSSP
1 To TUSTIN: To WESTMINSTER:
2 City of Tustin City of Westminster
3 300 Centennial Way 8200 Westminster Blvd.
Tustin, CA 92780
4 Westminster, CA 92683
5 Attention: Krys Saldivar Attention: Adolfo Ozaeta, P. E.
6 Public Works Manager Traffic Engineer
Tel: (714) 573-3172 Tel: (714) 548-3462
7
E-mail: ksaldivartustinca.orq E-mail: aozaeta(a�ci.westminster.ca.us
8
9
10 To ORANGE COUNTY:
11 County of Orange
12 300 North Flower Street
13 Santa Ana, CA 92703
14 Attention: Isaac Alonso Rice, P.E.
15 Traffic Engineer
16 Tel: (714) 245-4569
17 E-mail: Isaac.alonsorice(a�ocpw.ocgov.com
18 /
19 /
20 /
21 /
22 /
23 /
24 /
25 /
26
Page 12 of 18
COOPERATIVE AGREEMENT NO. C-5-3589
WESTMINSTER AVENUE/ 17T"STREET - RTSSP
1 This Agreement shall be made effective upon execution by all Parties.
2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-5-3589 to be
3 executed on the date first written above.
4 CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY
5 By: By:
David Cavazos Darrell Johnson
6 City Manager Chief Executive Officer
7
8 ATTEST: APPROVED AS TO FORM:
9
10 By: By: .`Ld
11 Maria D. Huizar ames M. Donich
City Clerk General Counsel
12
13
14 APPROVED AS TO FORM APPROVAL RECOMMENDED:
15
16 By: By:
17 Sonia R. Carvalho Kia Mortazavi
City Attorney Executive Director, Planning
18
19
20 Dated: Dated:
21
22
23
4.
Page 13 of 18
COOPERATIVE AGREEMENT NO. C-5-3589
WESTMINSTER AVENUE/ 17TH STREET - RTSSP
1 This Agreement shall be made effective upon execution by all Parties.
2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-5-3589 to be
3 executed on the date first written above.
4 CITY OF GARDEN GROVE
5 By:
Bao Nguyen
6 Mayor
7
8 ATTEST:
9
10 By:
11 Kathleen Bailor
City Clerk
12
APPROVED AS TO FORM
13
14
15 By:
Thomas Nixon
16 City Attorney
17
18 Dated:
19
20
21
22
23
24
25
26
Page 14 of 18
COOPERATIVE AGREEMENT NO. C-5-3589
WESTMINSTER AVENUE / 17TH STREET - RTSSP
1 This Agreement shall be made effective upon execution by all Parties.
2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-5-3589 to be
3 executed on the date first written above.
4 CITY OF SEAL BEACH
5 By:
Jill R. Ingram
6 City Manager
7
8 ATTEST:
9
10 By:
11 Tina Knapp
City Clerk
12
APPROVED AS TO FORM
13
14
15 By:
Steven L. Flower
16 City Attorney
17
18 Dated:
19
20
21
22
23
24
25
26
Page 15 of 18
COOPERATIVE AGREEMENT NO.C-5-3589
WESTMINSTER AVENUE 117TH STREET-RTSSP
1 This Agreement shall be made effective upon execution by all Parties.
2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-5-3589 to be
3 executed on the date first written above.
4 CITY OF TUSTIN
5 By:
John Nielsen
6 Mayor
7
8
9 ATTEST:
10
11 By:
Erica N. Rabe
12 City Clerk
13
APPROVED AS TO FORM
14
15 p
By: ,.I b. I. Arit,
16 David E. Ke dig d
17 City Attorney
18
19 Dated:
20
21
22
23
24
25
26
Page 16 of 18
COOPERATIVE AGREEMENT NO. C-5-3589
WESTMINSTER AVENUE / 17TH STREET - RTSSP
1 This Agreement shall be made effective upon execution by all Parties.
2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-5-3589 to be
3 executed on the date first written above.
4 CITY OF WESTMINSTER
5 By:
Tri Ta
6 Mayor
7
8 ATTEST:
9
10 By:
11 City Clerk
12
APPROVED AS TO FORM
13
14
By:
15
16 City Attorney
17
18 Dated:
19
20
21
22
23
24
25
26
Page 17 of 18
COOPERATIVE AGREEMENT NO. C-5-3589
WESTMINSTER AVENUE / 17TH STREET - RTSSP
1 This Agreement shall be made effective upon execution by all Parties.
2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-5-3589 to be
3 executed on the date first written above.
4 COUNTY OF ORANGE
5 By:
Todd Spitzer
6 Board of Supervisors
7
8 ATTEST:
9
10 By:
11 Robin Stieler
Clerk of the Board
12
APPROVED AS TO FORM
13
14
15 By:
Nicholas S. Chrisos
16 County Counsel
17
18 Dated:
19
20
21
22
23
24
25
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Page 18 of 18
COOPERATIVE AGREEMENT NO. C-5-3589
WESTMINSTER AVENUE/17TH STREET
ATTACHMENT A
DETAILED LOCAL MATCH COMMITMENT
SECTION 1: AGENCY TOTAL MATCH SUMMARY
AGENCY CASH IN-KIND TOTAL MATCH
City of Santa Ana $241,896.00 $38,456.00 $280,352.00
City of Garden Grove $95,184.00 $13,833.00 $109,017.00
City of Seal Beach $47,903.00 $9,800.00 $57,703.00
City of Tustin $38,500.00 $0.00 $38,500.00
City of Westminster $84,448.00 $15,006.00 $99,454.00
County of Orange $120,000.00 $0.00 $120,000.00
TOTAL $627,931.00 $77,095.00 $705,026.00
SECTION 2: MATCH BREAKDOWN (CASH VS IN-KIND SERVICES)
A. Cash Match
AGENCY FUNDING SOURCE AMOUNT OF CASH CONTRIBUTION
City of Santa Ana M2 Fairshare $241,896.00
City of Garden Grove M2 Fairshare $95,184.00
City of Seal Beach M2 Fairshare $47,903.00
City of Tustin M2 Fairshare $38,500.00
City of Westminster Traffic Impact Fee $84,448.00
County of Orange Gas Tax $120,000.00
TOTAL $627,931.00
B. In-Kind Services
i. Specific Improvements(List items and Cost):
Date of
Agency Improvement Construction Expenditure
N/A $
TOTAL
Page A— 1
COOPERATIVE AGREEMENT NO. C-5-3589
WESTMINSTER AVENUE/ 17TH STREET
ATTACHMENT A
ii. Staffing Commitment:
TYPE OF SERVICE NO. FULLY
AGENCY STAFF POSITION TO PROJECT HOURS BURDENED TOTAL*
HOURLY RATE
City of Santa Sr. Civil Engineer Project Admin 24 $233 $5,592
Ana
City of Santa Assistant Traffic Project Design/
Ana Operation Implement/ 40 $213 $8,520
Engineer Construction Eng.
City of Santa Project Design/
Ana Assistant Engineer Implement/ 55 $213 $11,715
Construction Eng.
City of Santa Construction Construction 55 $187 $10,285
Ana Inspector Engineering
City of Santa Project Design/
Ana Engineering Intern Implement/ 57.17 $41 $2,344
Construction Eng.
Total for City of Santa Ana: $38,456
City of Associate Engineer Project Design/ 40 $95
Garden Grove Implement/Review $3,800
City of Associate Engineer Project Design/
Garden Grove g Implementation 40 $95 $3,800
City of Sr. Traffic Signal Project Design/ 40 $75 $3,000
Garden Grove Electrician Construction Eng.
City of Construction Construction 28.11 $115 $3,233
Garden Grove Inspector Engineering
Total for City of Garden Grove: $ 13,833
City of Seal City Traffic Project Admin 8 $175 $1,400
Beach Engineer
City of Seal Project Design/
Beach Assistant Engineer Implement/ 40 $145 $5,800
Construction Eng.
City of Seal Construction Construction
20.8 $125 $2,600
Beach Inspector Engineering
Total for City of Seal Beach: $9,800
Page A-2
COOPERATIVE AGREEMENT NO. C-5-3589
WESTMINSTER AVENUE/ 17TH STREET
ATTACHMENT A
City of Project Admin/
Westminster Traffic Engineering Implement/ 110.0 $94.12 $10,353
Construction Eng.
City of Civil Engineering Project Implement/ 58.12 $80.06 $4,653
Westminster Assistant Construction Eng.
Total for City of Westminster: $ 15,006
TOTAL IN-KIND MATCH*: $ 77,095
*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 A- 3