HomeMy WebLinkAboutOrange County Transportation Authority (OCTA) and the Cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, and Westminster - 2017-11-06 2i Ll—"-
Dept. ID PW 17-062 Page 1 of 2
Meeting Date: 11/6/2017
AP )z6V EZ) -7-v
_ CITY OF HUNTINGTON BEACH
n REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 11/6/2017
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 C-7-1829 with the
Orange County Transportation Authority (OCTA) and the Cities of Anaheim,
Fountain Valley, Fullerton, Garden Grove, and Westminster for a traffic signal
synchronization project along Brookhurst Street; and, approve appropriation of
funds
Statement of Issue: The Orange County Transportation Authority (OCTA) has submitted a
Cooperative Agreement to the City of Huntington Beach for a traffic signal synchronization project
along Brookhurst Street. This agreement clarifies the roles and responsibilities of the OCTA and
the City with respect to execution and delivery of this project funded by the Comprehensive
Transportation Funding Program (CTFP), Regional Traffic Signal Synchronization Program.
Financial Impact: The total project cost is $3,619,855. An appropriation of$214,733 to the Air
Quality Management District (AQMD) fund account 20190012.82700 is requested for the City's
share which is comprised of the local match of$166,698 plus $48,035 for contingencies and
construction administration. The Orange County Transportation Authority will manage the project
and is responsible for the balance of the project costs. This project was included in the FY 16-17
revised Capital Improvement Program (CIP).
Recommended Action:
A) Appropriate $214,733 from the undesignated Air Quality Management District (201) fund
balance to account 20190012.82700; and,
B) Approve and authorize the Mayor and City Clerk to execute "Cooperative Agreement No. C-7-
1829 Between Orange County Transportation Authority and Cities of Anaheim, Fountain Valley,
Fullerton, Garden Grove, Huntington Beach and Westminster for Brookhurst Street Regional Traffic
Signal Synchronization Project.".
Alternative Action(s): Deny approval of the project and forego eligibility to receive grant funds
through the CTFP.
Analysis: In 2015, the Orange County Transportation Authority (OCTA) announced a call for
projects for the Comprehensive Transportation Funding Program (CTFP), Regional Traffic Signal
Synchronization program. These programs provide for roadway improvements to meet existing
needs and address future demand along with inter-jurisdictional traffic signal coordination. These
projects are regional and competitive.
Item 16. - 1 HB -200-
Dept. ID PW 17-062 Page 2 of 2
Meeting Date: 11/6/2017
A traffic signal synchronization project along Brookhurst Street from Commonwealth Avenue in
Fullerton to Pacific Coast Highway in Huntington Beach was approved for funding by OCTA. This
project will be managed by OCTA in conjunction with the cities of Anaheim, Fountain Valley,
Fullerton, Garden Grove, Huntington Beach, and Westminster.
The grant amount and the corresponding local matching funds are summarized below:
Project Cost (Entire Project Cost (within OCTA Grant (Entire Local match
project) Huntington Beach) Project) (City of Huntington
Beach only)
$3,619,855 $833,490 $2,745,215 $166,698
The total cost of this project to the City of Huntington Beach is estimated at $210,000 including the
local match payable to OCTA, construction administration by the City, and construction
contingencies.
This project will provide operational and infrastructure improvements at 58 intersections along
Brookhurst Street from Commonwealth Avenue in Fullerton to Pacific Coast Highway in Huntington
Beach. The City of Anaheim is the lead agency on the project with participation by the cities of
Fountain Valley, Fullerton, Garden Grove, Huntington Beach and Westminster.
As a first stage, equipment upgrades will be installed in order to improve the operation and
communications along the network, including the installation of fiber optic communication cable and
new traffic signal controllers within the City of Huntington Beach. The project will also include some
improvements to the city of Huntington Beach's traffic management center located within City Hall.
These improvements are identified in the City's ongoing Traffic Signal System Master Plan and will
allow for faster and improved communications with the system master at City Hall. The second
stage of the project will be the development of new coordinated traffic signal timing which will
reduce stops and delays along the corridor.
Public Works Commission Action: Not required
Environmental Status: Any environmental analysis will be processed by OCTA.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Project Location Map.
2. "Cooperative Agreement No. C-7-1829 Between Orange County Transportation Authority
and Cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, and
Westminster for Brookhurst Street Regional Traffic Signal Synchronization Project"
HB -201- Item 16. - 2
1 COOPERATIVE AGREEMENT NO. C-7-1829
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITIES OF ANAHEIM, FOUNTAIN VALLEY, FULLERTON,
6 GARDEN GROVE, HUNTINGTON BEACH,
7 AND
8 WESTMINSTER
9 FOR
10 BROOKHURST STREET REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT
11 THIS COOPERATIVE AGREEMENT (Agreement), is effective this 1st day of March, 2018, by
12 and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184,
13 Orange California 92863-1584, a public corporation of the State of California (herein referred to as
14 "AUTHORITY') and the cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Huntington Beach
15 and Westminster; (hereinafter referred to as"PARTICIPATING AGENCIES')each individually known as
16 "Party" and collectively known as the"Parties".
17 RECITALS:
18 WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES is working
19 together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed
20 Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP or Project P) to enhance
21 countywide traffic flow and reduce congestion; and
22 WHEREAS, the AUTHORITY has completed the competitive 2016 Call for Projects (hereinafter,
23 "2016 CALL") in support of RTSSP and awarded RTSSP funds based on the application (hereinafter,
24 "APPLICATION") prepared by the City, of Anaheim (hereinafter referred to as the "APPLICANT
25 AGENCY") for implementation of signal synchronization of traffic signals along Brookhurst Street
26 (hereinafter, "PROJECT'); and
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COOPERATIVE AGREEMENT NO. C-7-1829
BROOKHURST STREET -RTSSP
1 WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected to
2 designate the AUTHORITY and the AUTHORITY has agreed to act as the implementing agency to carry
3 out PROJECT; and
4 WHEREAS, the PROJECT will include approximately fifty eight (58) traffic signalized
5 intersections as identified in the APPLICATION; and
6 WHEREAS, the PROJECT will include Intelligent Transportation System (ITS) elements
7 identified in the APPLICATION including certain hardware and software upgrades to intersection and
8 central control systems including Advanced Transportation Controller units (ATC), traffic telematics
9 and interconnect systems, Advanced Transportation Management Systems (ATMS), Roadside Units
10 (RSU), and other associated systems (hereinafter collectively referred to as "ITS ELEMENTS"), will
11 be constructed and/or installed and implemented as part of the PROJECT as identified in the
12 APPLICATION; and
13 WHEREAS, the AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate
14 the inclusion of other ITS elements (hereinafter OTHER ELEMENTS) that should be installed at the
15 same time as the construction of the PROJECT and are not part of this Agreement; and
16 WHEREAS, all costs associated with the inclusion of these OTHER ELEMENTS are the sole
17 responsibility of the AGENCY owning each and any of those OTHER ELEMENTS during the course
18 of the project; and
19 WHEREAS, AUTHORITY and each respective Party acknowledge and understand that
20 in-house resources (staff)from Party will provide various services for PROJECT; and
21 WHEREAS, AUTHORITY and each respective Party acknowledge and understand that
22 PROJECT costs for various types of additional work required by each respective Party, by its staff, or
23 by policy, may not have been included in the original application and therefore costs to contractors to
24 comply with additional work are not included in the PROJECT allocation; and
25 WHEREAS, AUTHORITY and Parties agree that these costs will be paid by PROJECT; and
26 /
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COOPERATIVE AGREEMENT NO. C-7-1829
BROOKHURST STREET-RTSSP
1 WHEREAS, Parties and each respective Party acknowledge and understand that the costs for
2 the additional work may be reversed by AUTHORITY's Audit; and
3 WHEREAS, based on Board of Directors approved PROJECT ALLOCATION and
4 APPLICATION,the AUTHORITY agrees to implement the PROJECT; and
5 WHEREAS, the PARTICIPATING AGENCIES per the M2 Ordinance, agree to provide
6 PROJECT funding in a combined cash and in-kind services match of at least Seven Hundred Twenty
7 Three Thousand Nine Hundred Seventy One Dollars ($723,971.00), as shown in Attachment A, or
8 equivalent to at least twenty percent(20%) of PROJECT cost; and
9 WHEREAS, the AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this
10 Agreement to implement the PROJECT in support of Project P; and
11 WHEREAS, this Agreement defines the specific terms, conditions, and funding responsibilities
12 between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation of the
13 PROJECT; and
14 WHEREAS, the AUTHORITY'S Board of Directors authorized funding for the PROJECT on
15 April 11, 2016; and
16 WHEREAS, the AUTHORITY's Board of Directors authorized this cooperative agreement on the
17 day of Sf 1�T 6 1\4 5e 12 , 20 \1
18 WHEREAS, the City of Anaheim's City Council approved this Agreement on the -7 AkN day of
19 NoyelW bL 9- 20 1-1 .
20 WHEREAS, the City of Fountain Valley's City Council approved this Agreement on the V7
21 day of 0C_r0?) %2 , 20 0 .
22 WHEREAS, the City of Fullerton's City Council approved this Agreement on the -l �l day of
23 N oV E I-1 Fit l2 , 20 11 .
24 WHEREAS,the City of Garden Grove's City Council approved this Agreement on the 100^ day
25 of COCTuZC (2 , 20 \- .
26 /
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COOPERATIVE AGREEMENT NO. C-7-1829
BROOKHURST STREET-RTSSP
1 WHEREAS, the City of Huntington Beach's City Council approved this Agreement on the
2 day of 20 11 .
3 WHEREAS, the City of Westminster's City Council approved this Agreement on the 315� day
4 Of S At WA V- Y 120 18 .
5 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the
6 PARTICIPATING AGENCIES as follows:
7 ARTICLE 1. COMPLETE AGREEMENT
8 A. This Agreement, including any attachments incorporated herein and made applicable by
9 reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this
10 Agreement between AUTHORITY and PARTICIPATING AGENCIES and it supersedes all prior
11 representations, understandings, and communications. The invalidity in whole or in part of any term or
12 condition of this Agreement shall not affect the validity of other term(s)or conditions(s)of this Agreement.
13 The above referenced Recitals are true and correct and are incorporated by reference herein.
14 B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES'
15 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
16 relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or
17 condition(s), and PARTICIPATING AGENCIES' obligation in respect thereto shall continue in full force
18 and effect.Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when
19 specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written
20 amendment to this Agreement and issued in accordance with the provisions of this Agreement.
21 C. PARTICIPATING AGENCIES' failure to insist on any instance(s) of AUTHORITY's
22 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
23 relinquishment of PARTICIPATING AGENCIES' right to such performance or to future performance of
24 such term(s)or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force
25 and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING
26 AGENCIES except when specifically confirmed in writing by an authorized representative of
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COOPERATIVE AGREEMENT NO. C-7-1829
BROOKHURST STREET-RTSSP
1 PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in
2 accordance with the provisions of this Agreement.
3 ARTICLE 2. SCOPE OF AGREEMENT
4 This Agreement specifies the roles and responsibilities of the Parties as they pertain to the
5 subjects and projects addressed herein. Both AUTHORITY and PARTICIPATING AGENCIES agree
6 that each will cooperate and coordinate with the other in all activities covered by this Agreement and any
7 other supplemental agreements that may be required to facilitate purposes thereof.
8 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
9 AUTHORITY agrees to the following responsibilities for funding of the PROJECT:
10 A. AUTHORITY shall implement the PROJECT based on the intent of the usage in the
11 APPLICATION prepared by the APPLICANT AGENCY in accordance with the policies and procedures
12 contained in the Comprehensive Transportation Funding Program (CTFP)guidelines.
13 B. AUTHORITY shall provide oversight in order to maintain inter jurisdictional traffic signal
14 operational integrity between PROJECT and other similar type projects not older than three(3)years.
15 C. AUTHORITY will act as the LEAD AGENCY and provide and file all documentation
16 necessary to comply with California Environmental Quality Act(CEQA) regulations for PROJECT.
17 D. AUTHORITY shall perform web-based public outreach activities for the project to
18 communicate major project milestones and results.
19 E. AUTHORITY shall provide formats,templates,and guidance in reporting requirements as
20 described in CTFP.
21 F. AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of
22 PROJECT, may perform a technical and/or field review to ensure that the CTFP guidelines, policies, and
23 procedures were followed. Such a review may be performed one hundred and eighty(180)days after the
24 PROJECT three-year grant period is complete. If the technical and or field review determines that any of
25 the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must reimburse
26 and return the amount of funding used to perform the ineligible activity to AUTHORITY.
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COOPERATIVE AGREEMENT NO. C-7-1829
BROOKHURST STREET-RTSSP
1 G. AUTHORITY shall invoice the PARTICIPATING AGENCIES as identified in
2 APPLICATION and Attachment A for the dollar cash match at the end of the Primary Implementation
3 phase and again at the end of the Ongoing Monitoring and Maintenance phase or at a mutually agreed
4 upon time to facilitate any respective AGENCY funding timeframes.
5 H. AUTHORITY shall request updates on the PROJECT as part of semi-annual review
6 process, including documentation of in-kind match conforming to Attachment A and will include the
7 PROJECT in the list of active projects in OC Fund Tracker until completion of the three-year grant period.
8 Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders.
9 ARTICLE 4. RESPONSIBILITIES OF THE AUTHORITY AS PROJECT LEAD AGENCY
10 The AUTHORITY as the LEAD AGENCY agrees to the following responsibilities for the
11 implementation of the PROJECT:
12 A. AUTHORITY shall act as the LEAD AGENCY for the work necessary to manage, procure,
13 and complete the PROJECT as identified in APPLICATION.
14 B. To coordinate outreach with PARTICIPATING AGENCIES for PROJECT.
15 C. To collect all data necessary to provide new optimized timing plans including, but not
16 limited to, manual or video all movement counts at each PROJECT signalized intersection, and a
17 mutually agreed upon number and location of twenty four(24) hour/seven (7) day automated machine
18 traffic counts with vehicle classification.
19 D. To develop and implement new timing plans optimized for signal synchronization.
20 E. To provide updated timing plans for all control systems, both local and central, and all
21 relevant data used to develop said plans to PARTICIPATING AGENCIES.
22 F. To prepare a "Before and After Study" for PROJECT as described in the Measure M2
23 Eligibility Guidelines adopted by the AUTHORITY. The "Before and After Study' for the project is
24 considered the equivalent of the required Project Final Report (Measure M2 Ordinance No. 3, Section
25 B.111.9) for PROJECT. The AUTHORITY shall provide the "Before and After Study" to the
26 PARTICIPATING AGENCIES in draft and final formats for review and comment. AGENCY comments
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COOPERATIVE AGREEMENT NO. C-7-1829
BROOKHURST STREET-RTSSP
1 shall be noted in the final study. If specified in APPLICATION,AUTHORITY shall provide a"Before and
2 After Study"video of a representative portion of PROJECT at up to two(2) public meetings.
3 ARTICLE 5. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES
4 PARTICIPATING AGENCIES agree to the following responsibilities for implementation and
5 funding of PROJECT:
6 A. Provide a technical representative to meet and participate as a member of the
7 PROJECT's Traffic Forum.
8 B. To authorize the AUTHORITY to manage, procure, and implement all aspects of
9 PROJECT.
10 C. To participate and support PROJECT implementation within the timeframe outlined in
11 APPLICATION and consistent with the CTFP Guidelines adopted by AUTHORITY.
12 D. To provide AUTHORITY all current intersection, local field master, and/or ATMS timing
13 plans and related data upon request.
14 E. To provide the local cash match and/or documentation for the in-kind services match
15 for PROJECT in accordance with Attachment A. Failure to provide included local cash match and or
16 evidence of in-kind services match may result in the loss of future participation for competitive funding
17 opportunities.
18 F. PARTICIPATING AGENCIES that have included a dollar match as identified in
19 Attachment A shall provide payment for the dollar match to AUTHORITY within thirty (30) calendar
20 days of receipt of an invoice.
21 G. PARTICIPATING AGENCIES that have included an in-kind services match as identified
22 in Attachment A shall provide documentation of conformance as part of the semi-annual review process.
23 H. To waive all fees associated with any local agency permits and/or services that may be
24 required of the AUTHORITY, or its contracted consultant, sub consultants, electrical contractors, and/or
25 service or equipment providers utilized in the performance of the PROJECT.
26
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COOPERATIVE AGREEMENT NO. C-7-1829
BROOKHURST STREET-RTSSP
1 I. PARTICIPATING AGENCIES shall provide updates on PROJECT to AUTHORITY as
2 part of semi-annual review process until completion of the three-year PROJECT grant period. Documents
3 to be provided include, but are not limited to, payroll records, contracts, and purchase orders.
4 J. PARTICIPATING AGENCIES shall, if specified in APPLICATION, continue ongoing
5 monitoring and maintenance after the three-year grant period is complete and continue until the end of
6 the PROJECT per additional maintenance of effort in APPLICATION.
7 ARTICLE 6. DELEGATED AUTHORITY
8 The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this
9 Agreement are delegated to their respective City Manager, or designee, and the actions required to be
10 taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief
11 Executive Officer, or designee.
12 ARTICLE 7. AUDIT AND INSPECTION
13 AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in
14 accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING
15 AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work,
16 materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a
17 period of five (5) years after final payment, or until any on-going audit is completed. For purposes of
18 audit,the date of completion of this Agreement shall be the date of AUTHORITY's payment of consultant's
19 final billing(so noted on the invoice)under this Agreement. AUTHORITY shall have the right to reproduce
20 any such books, records, and accounts.The above provision with respect to audits shall extend to and/or
21 be included in contracts with PARTICIPATING AGENCIES'contractor.
22 ARTICLE 8. INDEMNIFICATION
23 A. To the fullest extent permitted by law, PARTICIPATING AGENCIES shall defend (at
24 PARTICIPATING AGENCIES' sole cost and expense with legal counsel reasonably acceptable to
25 AUTHORITY),indemnify,protect,and hold harmless AUTHORITY, its officers,directors,employees,and
26 agents (collectively the "Indemnified Parties'), from and against any and all liabilities, actions, suits,
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COOPERATIVE AGREEMENT NO. C-7-1829
BROOKHURST STREET- RTSSP
1 claims, 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 (PARTICIPATING AGENCIES' employees
4 included),for damage to property, including property owned by AUTHORITY,or from any violation of any
5 federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful
6 misconduct of PARTICIPATING AGENCIES, and their officers, directors, employees or agents in
7 connection with or arising out of the performance of this Agreement.
8 B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole
9 cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES),indemnify,
10 protect, and hold harmless PARTICIPATING AGENCIES, and their officers, directors, employees, and
11 agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits,
12 claims, demands, losses,costs,judgments, arbitration awards, settlements, damages,demands, orders,
13 penalties, and expenses including legal costs and attorney fees (collectively"Claims"), including but not
14 limited to Claims arising from injuries to or death of persons (AUTHORITY's employees included), for
15 damage to property, including property owned by PARTICIPATING AGENCIES, or from any violation of
16 any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or
17 willful misconduct of AUTHORITY,its officers,directors, employees or agents in connection with or arising
18 out of the performance of this Agreement.
19 C. The indemnification and defense obligations of this Agreement shall survive its expiration
20 or termination.
21 ARTICLE 9. ADDITIONAL PROVISIONS
22 A. Term of Agreement: This Agreement shall be in full force and effect through
23 June 30, 2023.
24 B. Amendment: This Agreement may be extended or amended in writing at any time by the
25 mutual consent of all Parties and AUTHORITY. No amendment shall have any force or effect unless
26 executed in writing by all Parties and AUTHORITY.
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COOPERATIVE AGREEMENT NO. C-7-1829
BROOKHURST STREET-RTSSP
1 C. Termination: In the event any Party defaults in the performance of their respective
2 obligations under this Agreement or breaches any of the provisions of this Agreement, a non-defaulting
3 Party(s) shall have the option to terminate this Agreement upon thirty (30) calendar days prior written
4 notice to the Party in default.
5 D. Termination for Convenience: Either Party may terminate this Agreement for its
6 convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for
7 convenience to the other Party.
8 E. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal,
9 state, and local laws, statues, ordinances and regulations of any governmental authority having
10 jurisdiction over the PROJECT.
11 F. Legal Authority: AUTHORITY and PARTICIPATING AGENCIES hereto consent that they
12 are authorized to execute this Agreement on behalf of said Parties and that, by so executing this
13 Agreement, the Parties hereto are formally bound to the provisions of this Agreement.
14 G. Severability: If any term, provision, covenant or condition of this Agreement is held to be
15 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
16 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
17 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
18 H. Counterparts of Agreement: This Agreement may be executed and delivered in any
19 number of counterparts,each of which,when executed and delivered shall be deemed an original and all
20 of which together shall constitute the same agreement. Facsimile signatures shall be permitted.
21 I. Force Majeure: Either Party shall be excused from performing its obligations under this
22 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
23 cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God;
24 commandeering of material,products,plants or facilities by the federal,state or local government; national
25 fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause
26 /
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COOPERATIVE AGREEMENT NO. C-7-1829
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1 is presented to the other Party,and provided further that such nonperformance is unforeseeable, beyond
2 the control and is not due to the fault or negligence of the Party not performing.
3 J. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or
4 authority hereunder may be assigned in whole or in part by either Party without the prior written consent
5 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed
6 void and of no force and effect. Consent to one assignment shall not be deemed consent to any
7 subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.
8 K. Governing Law: The laws of the State of California and applicable local and federal laws,
9 regulations and guidelines shall govern this Agreement.
10 L. Litigation fees: Should litigation arise out of this Agreement for the performance thereof,
11 the court shall award costs and expenses, including attorney's fees, to the prevailing Party.
12 M. Notices: Any notices, requests, or demands made between the Parties pursuant to this
13 Agreement are to be directed as follows:
14
To ANAHEIM: To AUTHORITY:
15
City of Anaheim Orange County Transportation Authority
16
201 S. Anaheim Blvd. 550 South Main Street
17 Suite 502 P. O. Box 14184
18 Anaheim, CA 92805 Orange, CA 92863-1584
19 Attention: John Thai Attention: Michael Le
20 Principal Traffic Engineer Contract Administrator
21 Tel: (714)765-5294 Tel: (714) 560-5314
Email: ithaiRanaheim.net E-mail: mle1(o)octa.net
22
23
24
25
26
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COOPERATIVE AGREEMENT NO. C-7-1829
BROOKHURST STREET-RTSSP
1 To FOUNTAIN VALLEY: To FULLERTON:
2 City of Fountain Valley City of Fullerton
3 10200 Slater Avenue 303 West Commonwealth Avenue
4 Fountain Valley, CA 92708 Fullerton, CA 92832
5
Attention: Temo Galvez Attention: Don Hoppe
6 Deputy Public Works Director/ Public Works Director
7 City Engineer Tel: (714)738-6864
8 Tel: (714) 593-4517 Email: dhoppe(a)cityoffullerton.com
Email: temo. alq vez(a)fountainvalley.org
9
10
11 To GARDEN GROVE: To HUNTINGTON BEACH:
12 City of Garden Grove City of Huntington Beach
13 11222 Acacia Parkway 2000 Main Street
Garden Grove, CA 92842 Huntington Beach, CA 92648
14
15 Attention: Dai Vu Attention: William Janusz
Traffic Engineer Principal Civil Engineer
16 Tel: (714) 741-5189 Tel: (714)374-1628
17 Email: daivCa)garden-g rove.org Email: wLanusz .surfcity-hb.org
18
19
To WESTMINSTER:
20
City of Westminster
21
8200 Westminster Blvd.
22 Westminster, CA 92683
23
24 Attention: Adolfo Ozaeta, P.E.
Traffic Engineer
25 Tel: (714)548-3462
26 Email: aozaeta(cD-ci.westminster.ca.us
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COOPERATIVE AGREEMENT NO. C-7-1829
BROOKHURST 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-7-1829 to be
3 executed on the date first written above.
4 CITY OF ANAHEIM ORANGE CO TRANSPORTATION AUTHORITY
5
6 By: By:
7 Tom Tait Darrell Joh so
Mayor Chief Exec e Officer
8
9 ATTEST: APPROVED AS TO FORM:
10
11 By. tea
12 Theresa Bass �Pneral
es M. Donich
Acting City Clerk Counsel
13
14 APPROVED AS TO FORM: APPROVAL RECOM NDED:
15
16
qBn
By:
17 NI. orley Kia Mortazavi
Depu ty Attorney Executive Director, Z�ing
18
19
20 Dated: C) — Dated: � �� •
21
22
23
24
25
�L
26
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COOPERATIVE AGREEMENT NO. C-7-1829
BROOKHURST 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-7-1829 to be
3 executed on the date first written above.
4 CITY OF FOUNTAIN VALLEY
5
6 By: �
John Collins
7 0
8
9 ATTEST:
10
11 By.
12 ick Miller
City Clerk
13
APPROVED AS TO FORM:
14
15 By:
16 Colin Burns
City Attorney
17
18 Dated: }-
19
20
21
22
23
24
25
26
Page 14 of 18
LACamm\CLERICAL\V\/ORDP P.00\AGREE\AGTI829.docx
COOPERATIVE AGREEMENT NO. C-7-1829
BROOKHURST 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-7-1829 to be
3 executed on the date first written above.
4 CITY OF FULLERTON
5 P
Bruce Whitaker
7 Mayor
8
9 ATTEST:
10
11
12 42ucindaas
City Clerk
13
14 APPROVED AS FORM:
15
16 By
17 Richard J nes
City Attorhey
18
19
20 Dated: `�� ��' C-7
21
22
23
24
25
26
Page 15 of 18
L:\Carom\CLERICAL\WORDPROCWAREEWA71829 aocx
COOPERATIVE AGREEMENT NO. C-7-1829
BROOKHURST 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-7-1829 to be
3 executed on the date first written above.
4 CITY OF GARDEN GROVE
5 �'•,
6 By:
Steven R. Jones
7 Mayor
8
9 ATTEST:
10
11 By:
12 Teresa Pomeroy
City Clerk
13
APPROVED AS TO FORM:
14
15
By:
16 Omar Sandoval
17 City Attorney
18
19 Dated:
20
21
22
23
24
25
26
Page 16 of '!8
L:\Camm\C LERI CAL\WORDPROC\AGREE\AG713.9.doex
COOPERATIVE AGREEMENT NO. C-7-1829
BROOKHURST 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-7-1829 to be
3 executed on the date first written above.
4 CI OF HUNTINGTON BEACH
5
6 By:
Barbara Delgieize
7 Mayor
8
9 ATTEST:
10
11 By: P'_- "_ --�
12 Robin Estanislau
City Clerk
13
14 APPROVED AS TO RM:
15
By:_
16 Mic el E. Gates Dlw ats- -0
C Attorney �t�V
17
18 Dated: November 6, 2017
19
20
21
22
23
24
25
26
Page 17 of 18
L:\CammICLERICAL\WORDPROCIAGREE\AG71829.riocx
COOPERATIVE AGREEMENT NO. C-7-1829
BROOKHURST 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-7-1829 to be
3 executed on the date first written above.
4 CITY OF WESTMINSTER
5
6 By:
Tri Ta
7 Mayor
8
9 ATTEST:
10
11 By: 01-ILL
12 D:8=4p4a—L&As C)JPJ5ntye CoR�oa
City Clerk
13
14 APPR A O FORM:
15
By:
16 Richard nes
City Attor ey
17
18 Dated:
19
20
21
22
23
24
25
26
Page 18 of 18
L1Camm1CLERICALMORDPROMAG REE\AG71829.dou
COOPERATIVE AGREEMENT NO. C-7-1829
BROOKHURST STREET - RTSSP
ATTACHMENT A
SECTION 2: MATCH BREAKDOWN (CASH VS IN-KIND SERVICES)
A. Cash Match
-AGENCY FUNDING SOURCE; AMOUNT OF CASH CONTRIBl1TION.
City of Anaheim Gas Tax $ 172,343
City of Fountain Valley Measure M Turnback $80,870
City of Fullerton 50% Gas Tax $ 102,868
50% Mitigation Fees
City of Garden Grove M2 Fairshare $ 173,020
City of Huntington Beach AQMD $ 166,698
City of Westminster M2 Fairshare $28,172
TOTAL $723,971
B. In-Kind Services
i. Specific Improvements(List items and Cost):
Date of.
Agency -. Improvement ,< Construction Experiditure`;
N/A
TOTAL
ii. Staffing Commitment:
TYPE QF SERVICE' -OF FULLY
AGENCY STAFF POSITION BURDENED TOTAL.*
TO PROJECT HOURS,
HOURLY ,
N/A
Total:
TOTAL IN-KIND MATCH**:
""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 forkeeping 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— 2
OCTA
BOARD OF DIRECTORS
Lisa A.Bartlett March 2, 2018
Chair
Tim Shaw
Vice Chairman William Janusz
Laurie Davies Principal Civil Engineer
Director
City of Huntington Beach
Barbara D 2000 Main Street
Directrectorr
Andrew Do Huntington Beach, CA 92648
Director
Lori Donchak
Director SUBJECT: OCTA'S COOPERATIVE AGREEMENT NO. C-7-1829
Michael Hennessey
Director Dear William Janusz:
Steve Jones
Director Enclosed please find a hard copy of the executed subject agreement.
Mark A.Murphy
Director
Should you have any contractual related questions, please feel free to contact
Richard Murphy Director Michael Le at (714) 560-5314 or by e-mail at mle1@octa.net.
At Murray
Director Sincerely,
Shawn Nelson
Director
i
Miguel Pulido G ✓
Director Marla Ewi
Todd Spitzer Senior Office Specialist
Director Contract Administration and Materials Management
Michelle Steel
Director
Enclosure(s)
Tom Tait
Director
Gregory Winterbottom
Director
Ryan Chamberlain
Ex-Officio Member
CHIEF EXECUTIVE OFFICE
Darrell Johnson
Chief Executive Officer
Orange County Transportation Authority
550 South Main Street/P.O. Box 14184/Orange/California 92863-1584/(714)560-OCTA(6282)
wain
®CTA
BOARDOFDIRECTORS September 14, 2017
Mkhael Hennessey
Chairman
Lisa A.Bartlett
Vice Chair -
William Janusz
Laurie Davies Director principal Civil Engineer
City of Huntington Beach
Direrectctorr Barbara D 2000 Main Street
Andrew Do Huntington Beach, CA 92648
Director
Lori Donchak
Director SUBJECT: OCTA°S COOPERATIVE AGREEMENT NO. C-7-1829
Steve Jones
Director Dear William Janusz:
Mark A.Murphy
Director
Enclosed is one original of the above mentioned subject for your review and
Richard Murphy signature.
Director
Al Murray
Director Please execute the original where indicated, in blue ink and return..
Shawn Nelson
Director Please send the executed document to:
Miguel Pulido
Director Michael Le
Tim Shaw Contract Administrator
Director OCTA
Todd Spitzer 550 South Main Street
Director
P.O. Box 14184
Michelle Steel
Director Orange, CA. 92863-1584
Tom Tait
Director Should you have any contractual related questions, please feel free to contact
Gregory T.Winterbottom Michael Le at (714) 560-5314 or by e-mail at mle1@octa.net.
Director
RyanChamberiain Sincer
Ex-OfFcio Member
CHIEF EXEcumE OFFICE
Darrell Johnson Mara E ing
Chief Executive Officer Senior ffic Specialist
Contract d inistration and Materials Management
Orange County Transportation Authority
550 South Main Street/P.O.Box 14184/Orange/Cafilomia 92863-I584/(7 f 4)560-OCTA(6282)
,' .• City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
FFB'17,1909,P� �
Office of the City Clerk
Robin Estanislau, City Clerk
November 8, 2017
Michael Le
Contract Administrator
OCTA
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
Dear Mr. Le:
Enclosed is an original of the fully executed "Cooperative Agreement No. C-7-1829 Between
Orange County Transportation Authority and Cities of Anaheim, Fountain Valley, Fullerton,
Garden Grove, Huntington Beach and Westminster for Brookhurst Street Regional Traffic
Signal Synchronization Project ."
Sincerely,
Robin Estanislau, CMC
City Clerk
RE:ds
Enclosure
Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand