Loading...
HomeMy WebLinkAboutOCTA - Orange County Transportation Authority - 2011-12-19 (23)BOARD OF DIRECTORS Shawn Nelson Chairman Jeffrey Lalloway Vice Chairman Patricia Bates Director Lori Donchak Director Matthew Harper Director Michael Hennessey Director Steve Jones Director Gary A. Miller Director John Moorlach Director At Murray Director Janet Nguyen Director Miguel Pulido Director Tim Shaw Director Todd Spitzer Director Tom Tait Director Frank Ury Director Gregory T Winterbottom Director Ryan Chamberlain Ex-Officio Member CHIEF EXECUTIVE OFFICE Darrell Johnson Chief Executive Officer March 10, 2014 William Janusz Principal Civil Engineer City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT: OCTA'S AMENDMENT NO. 1 TO AGREEMENT NO. C-1-3022 Dear Mr. Janusz: Enclosed please find one copy of the above referenced subject for your records. Should you have any contractual related questions, please feel free to contact Michael Le at (714) 560-5314 or by e-mail at mle1@octa.net. Sincerely, Marla Ewing Senior Office Specialist Contract Administration and Materials Management Enclosure(s) Orange County Transportation Authority 550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) 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-1-3022 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITIES OF FOUNTAIN VALLEY, HUNTINGTON BEACH, AND SANTA ANA FOR THE MACARTHUR BOULEVARD/TALBERT AVENUE FUNDED AS PART OF THE MEASURE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P) THIS AMENDMENT NO. 1 is made and entered into this 6 day of 14carc1i 2014, by and between the Orange County Transportation Authority, ("AUTHORITY"), and the Cities of Fountain Valley, Huntington Beach, and Santa Ana (hereinafter referred to as the "PARTICIPATING AGENCIES"). WITNESSETH: , WHEREAS, by Agreement No. C-1-3022 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 — 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 5 • ! AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-1-3022 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 NOW, THEREFORE, it is mutually understood and agreed that Agreement No. C-1-3022 is hereby amended in the following particulars only: 1. Amend Page 1 of 14, to delete lines 6-7 in their entirety. 2. Amend Page 1 of 14, lines 15-16 to delete in their entirety and in lieu thereof, insert "Cities of Fountain Valley, Huntington Beach, and Santa Ana (hereinafter referred to as the "Participating Agencies"). 3. Amend Page 2 of 14, lines 17-18 to delete "Ninety -Eight Thousand, Sixty -Four Dollars ($98,064.00)" and in lieu thereof, insert "Eighty Thousand, Two Hundred Twenty -One Dollars ($80,221.00)". 4. Amend Page 3 of 14, to delete lines 7-8 in their entirety. 5. Amend ARTICLE 9. ADDITIONAL PROVISIONS, page 8 of 14, 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 14, 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 5 • ® AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-1-3022 1 2 3 4 5 6 7 8 9 to It 12 13 14 15 16 17 18 19 20 21 22 23 �24/ 26 The balance of Agreement No. C-1-3022 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-1-3022 to be executed on the date first above written. CITY OF FOUNTAIN VALLEY i Michael Vo Mayor ATTEST: By Kathy Boglor ` City CI rk APPROVED AS TO FORM: By: /,?- Alan Burns City Attorney Date: ORANGE COUNTY TRANSPORTATION AUTHORITY By: Meena Kataki Manager, Capital Projects APPROVED AS TO FORM: By: G� Kennard R. Smart, Jr. General Counsel Page 3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 II' 24 25 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-1-3022 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. C-1-3022 to be executed on the date first above written. CITY OF HUNTINGTON BEACH By:�z[TGl tip--r Matthew M. Harper Mayor ATTEST: BYL: Jo L. Flynn Cif Clerk APPROVED AS TO FORM: By: „Jennifer McGr h 60 o13 City Attorney Date: Page 4 of 5 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-1-3022 1 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to 2 Agreement No. C-1-3022 to be executed on the date first above written, 3 CITY OF SANTA ANA_._� By David Cavazos G City Manager 7 ATTEST: 8 9 By: Maria D. Huizar 10 City Clerk 11 APPROVED AS TO FORM: 12 may,. 13`'" Sonia R. Carvalho 14 City Attorney 15 Date: 16 17 18 19 20 21 22 23 24 25 26 I Page 5 of 5 • MENDMENT NO.1 TO COOPERATIVE AGMENT NO. C-1-3022 ATTACHMENT B DETAILED LOCAL MATCH COMMITMENT SECTION 1: AGENCY TOTAL MATCH SUMMARY Agency Cash In -Kind Total Match Fountain Valley $31,860.00 $ 0.00 $31,860.00 City of Huntington Beach $ 5,564.00 $0.00 $ 5,564.00 City of Santa Ana $ 0.00 $ 42,797.00 $42,797.00 TOTAL $ 37,424.00 $ 42,797.00 $ 80,221.00 SECTION 2: MATCH BREAKDOWN (CASH VS IN -KIND SERVICES) A. Cash Match Agency Funding Source Amount of Cash Contribution City of Huntington Beach $ 5,564.00 Fountain Valley $31,860.00 TOTAL $ 37,424.00 B. In -Kind Services i. Specific Improvements (List items and Cost): Agency Improvement Date of Construction Expenditure N/A $ TOTAL $ ii. Staffing Commitment: Agency Staff Position Type of Service to No. of Fully Burdened Total* Project Hours Hourly Rate City of Santa Ana Sr. Civil Engineer Project Admin 50 $180.46 $ 9,023.00 City of Santa Ana Asst. Eng. II Project Design / Implementation 100 $149.91 $ 14,991.00 City of Santa Ana Asst. Traffic Project Design / 85 $142.76 $ 12,134.60 Oper Eng Implementation City of Santa Ana Engineering Intern Project Design / Implementation 148.97 $44.63 $ 6,648.40 TOTAL IN -KIND MATCH*: $ 42,797.00 '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 Page 1 of 2 0 ENDMENT NO. 1 TO COOPERATIVE AG MENT NO. C-1-3022 ATTACHMENT B 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 71, Dept. ID PW 14-005 Page 1 of 2 Meeting Date: 1/21/2014 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 1/21/2014 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 the execution of Amendment No. 1 to the Cooperative Agreement with the Orange County Transportation Authority (OCTA) for the Traffic Signal Synchronization Project along Talbert Avenue Statement of Issue: On December 19, 2011, the City Council approved the execution of a Cooperative Agreement with the Orange County Transportation Authority (OCTA) for a signal coordination project on Talbert Avenue. As the existing Cooperative Agreement is scheduled to expire on September 30, 2014, and OCTA is not projected to have the project complete by that date, this amendment will extend the term of this agreement until June 30, 2016. This amendment also addresses other issues with respect to project funding and Caltrans participation that do not impact the City of Huntington Beach. Financial Impact: No additional funding is required as part of this action. Recommended Action: Authorize the Mayor and City Clerk to execute Amendment No. 1 to "Cooperative Agreement No. C-1-3022 By and Between Orange County Transportation Authority and the Cities of Fountain Valley, Huntington Beach and Santa Ana and the State of California for Implementation of the MacArthur Boulevard/Talbert Avenue Project Funded as Part of the Measure M2 Regional Traffic Signal Synchronization Program (Project P).'7 Alternative Action(s): Do not authorize approval of the Amendment to the Cooperative Agreement and provide direction to staff to amend terms of the agreement. Analysis: On December 19, 2011, the City Council approved participation by the City of Huntington Beach in the multijurisdictional traffic signal coordination project along Talbert Avenue, administered by the Orange County Transportation Authority (OCTA). This project will provide operational and infrastructure improvements at 26 intersections along Talbert Avenue/MacArthur Boulevard from Beach Boulevard to State Route 55. The City of Santa Ana is the lead agency on this project with participation by the City of Huntington Beach and the City of Fountain Valley. The State of California Department of Transportation initially indicated a desire to join this effort, but subsequently withdrew their participation. Item 12. - 1 HB -178- • Dept. ID PW 14-005 Page 2 of 2 Meeting Date: 1/21/2014 As a first stage, equipment upgrades are being installed in order to improve the operation and communications along the network, including the installation of new traffic signal communication radios within the City of Huntington Beach. This improvement is 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. The total project cost is estimated at $320,000, with approximately $29,000 of the effort taking place within the City of Huntington Beach. With the execution of the original Cooperative Agreement the City of Huntington Beach agreed to $5,564 in matching funds for the project and this commitment remains unchanged by this amendment. The amendment includes funding modifications between OCTA and the cities of Fountain Valley and Santa Ana. However these modifications do not impact the City of Huntington Beach. The amendment also formally removes Caltrans from participating in the project. Caltrans withdrew early in the project and never executed the initial Cooperative Agreement. The existing Cooperative Agreement is scheduled to expire on September 30, 2014, and OCTA is not projected to have the project complete by that date. This amendment will extend the term of this agreement until June 30, 2016. Public Works Commission Action Not required. Environmental Status: Any environmental analysis will be processed by OCTA. Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Location Map 2. Cooperative Agreement No. C-1-3022 approved by City Council on December 19, 2011 3. Amendment No. 1 to Cooperative Agreement No. C-1-3022 HB -179- Item 12. - 2 • • ATTACHMENT #1 Item 12. - 3 FIB _1 gp_ NOT TO SCAT TRAFFIC SIGNAL SYNCHRONIZATION PROJECT CORRIDOR ATTACHMENT PROJECT LOCATION MAP EBB -IS]- Item 12. - 4 9 • A �TACHMENT #2 Item 12. - 5 HB -182- 0 C AFF11ATED AGLNICIEr I June 7, 2012 .rani; Disinc! Local T,a,-,-p01- Author,tY Mr. William Janusz -rv,C,3 Author-tiv top City of Huntington Beach Frae,,.,ry Emergencies 2000 Main Street Consofidated Ttar_,�,)rtaton Huntington Beach, CA 92648 Sc 'n conges"i'm I'lana."Pe"?t I SUBJECT: OCTA'S COOPERATIVE AGREEMENT NO. C-1-3021, C-1-3022 EEEII AND C-1-3023 Soivica A ulhom to., Abanconed­ven"';fes Dear Mr. Janusz: 1.1) Enclosed please find one original of the above referenced subjects for your records. Should you have any contractual related questions, please feel free to contact Venita Todd at (714) 560-5427 or by e-mail at vtodd@octa. net. Sincerely, Arlie -Smith b6ice Specialist 6ontract Administration and Materials Management Enclosure(s) Orange County Transportation Authority 550 South Main Street / P.O. Box 14184 / Orarp / California 92863-1584 / (71411 560-OC7 A (6282) FIB - 1 8')_ Item 12. - 6 9 1 2 3 4 5 G 7 8 S 10 11 12 13 14 15 WON 17 18 19 20 21 22 23 24 25 26 ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITIES FOUNTAIN VALLEY, HU0lJNGTO0BEACH, SANTAANA AND THE STATE 0FCALIFORNIA THE MACARTHUR BOULEVARD I TALBERT AVENUE FUNDED AS PART OF THE MEASURE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P) THIS AGREEMENT, kseffective this �2O12bvand between the Orange County Transportation Authority, 550 South Main Street, P.O. L*14184, {}nsnge. California 92963- 1584. a public corporation of the State of California (hereinafter referred to as '\4UTHOR|TY''), and the Cities of Fountain VaUey, Huntington Beach' Santa Ana, and the State of California (hereinafter referred toasthe "PARTICIPATING AGENC|ES''). WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES are working together in coordinating traffic signals across multiple jurisdictional boundaries as a pad of the Renewed Measure M (K42) Regional Traffic Signal Synchronization Program Project P(Proeot P) to enhance countywide traffic flow and reduce congestion; and VVHEFlEAS. AUTHORITY has completed the oonopetitive2O1O Call for Projects (hereinafter, "2010 CALL.') in support of Project P and awarded Project P funds based on the application (hereinafter, "APPLICATION') prepared by the City of Santa Ana (hereinafter referred to as the "APPLICANT AGENCY") for implementation of signal synchronization of traffic signals along MacArthur Boulevard / Talbert Avenue Corridor (hereinafter, "PROJECT"); and WHEREAS. the PARTICIPATING AGENCIES in their approved APPLICATION have elected Item 12. 7 COOPERATIVE AGREEMENT C4-3D22 ` 1 to denkJnuhethe AUTHORITY and AUTHORITY agrees to od as the implementing agency to carry out 2 thenigna|coordinotionPROJECT-ond 3 WHEREAS, the PROJECT will include approximately twenty-six (26) traffic signals on 4 idenhfed in the APPLICATION and illustrated in the PROJECT Scope of Work, which in attached 5 and referred to herein asAttachment A: and B WHEREAS, the PROJECT will include elements identified in the APPLICATION including 7 certain hardware and software upgrades totroffic controllers, traffic telecommunications and indertie 8 nyatenos, central traffic master controllers and associated systems (hereinafter collectively referred 9 to as "TRAFFIC CONTROL ELEW1ENTS'), will be constructed and/or installed and implemented as 10 part ofthe PROJECT asidentified inAttachment &and 11 WHEREAS, AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate 12 the inclusion of other traffic control elements that must be installed at the same <icne on the 13 c onstru ction of the PROJECT that are NOT included in Attachment A and will be the responsibility of 14 the AGENCY owning each and any of those traffic control elements during the course of the project; 15 and 16 WHEREAS AUTHORITY agrees to implement the PROJECT based on Attachment A and with 17 o combined cash and in -kind match nfninetv-eiDhtthousand, sixty-four Dollars ($98.054,00). equivalent 18 totwenty percent (2D96)ofthe PROJECT cost (see Attachment B); and 19 WHEREAS, AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this 20 Agreement toimplement the PROJECT insupport ofProject PonportofK82;ond 21 WHEREAS' this Cooperative Agreement defines the specific terms, conditions and funding 22 responsibilities between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation 23 ofthe PROJECT. 24 WHEREAS. the Orange County Transportation Authority Board of Directors approved funding 25 for the PROJECT and authorized the Chief Executive Officer to negotiate and execute this cooperative 28 agreement onJune 13.2D11 Page nf14 �+��� l� 8 F{D-|8�- "^~^^' '^�^ - ^" COOPERATIVE AGREEMENT [-1-3O22 1 WHEREAS. the CITY of Fountain Valley's City Council approved this Agreement on the 2 'day of 3 WHEREAS, the CITY of Huntington Beach's City Council approved this Agreement on the 4 day ofi--120 5 WHEREAS, the CITY of Santa Ana's City Council approved this Agreement on the b dayof .20 7 WHEREAS' the State of California Department of Transportation's Deputy District Director of 8 Operations approved this Agreement onthe day of 2 . 8 NOW, THEREFORE, A is mutually understood and agreed by AUTHORITY and the 10 PARTICIPATING AGENCIES asfollows: 11 ARTICLE 1. COMPLETE AGREEMENT 12 A. This Agreement constitutes the complete and exclusive statement of the terms and 13 conditions ufthe Agreement between AUTHORITY and the PARTICIPATING AGENCIES concerning 14 the PROJECT roles and responsibilities and required PROJECT noab:h and supersedes all prior 15 repnasentationo, understandings and uonnrnuniuodona between the parties. The above -referenced 16 Recitals are true and correct and are incorporated byreference herein. 17 B. AUTHOR|TY's failure to insist on any instance(s) of PARTICIPATING A(SENC|ES'a 18 performance of any term(s) or condition(s) ofthis Agreement shall not be construed as ewaiver or 18 relinquishment of AUTHORITY's righ t to such performance or to future peno. rmance of such terrn(s) or 20 conclition(s), and AGENCY's obligation in respect thereto shall continue in full force and effect, Changes 21 to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically 22 confirmed in writing by on authorized representative ofAUTHORITY byway of written amendment to 23 this Agreement and issued in accordance with the provisions of this Agreement. 24 C. PARTICIPATING AGENC{ES's failure to insist on any instance(s) of AUTHOR|TY's 25 performance of anytenn(s) or condition(s) of this Agreement shall not be construed as awa(ver or 26 relinquishment of PART|C|PAT{WGAGENCY'a right to such performance or to future performance of Page 3of14 T�^n` 17 � ^^=^^^ ^^~` - ^ FIB -l86- 9 01 1 2 3� 4 5 G 7 8 g 10 11 12 13 14 is 16 17 18 19 20 21 22 23 � 24 25 26 � COOPERATIVE AGREEMENT C-1-3U22 auohtenn(s) or uunddon(n)' andAUTH{)RF7Y's obligation in respect thereto shall continue infull force and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING AGENCIES except when specifically confirmed in writing by an authorized representative of PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in accordance with the provisions ofthis Agreement. ARTICLE 2. SCOPE OF AGREEMENT This Agreement specifies the ndao and responsibilities ofthe PARTIES as they pertain to the subjects and projects addressed herein. Both AUTHORITY and PARTICIPATING AGENCIES agree that each will cooperate and coordinate with the other in a|l activities covered by this Agreement and any other supplernental agreements that may be required to facilitate purposes thereof, ARTICLE 3. RESPONSIBILITIES OF AUTHORITY AUTHORITY agrees tothe following responsibilities furfundingofthe PROJECT: A. AUTHORITY shall implement the PROJECT based on the APPLICATION prepared by the APPLICANT AGENCY in accordance with the policies and procedures contained in the CTFP Guidelines, .B. AUTHORITY shall provide oversight in order to maintain inter -jurisdictional traffic signal operational integrity between PROJECT and other existing and new K82Project Pfunded projects. C. AUTHORITY shall oedonn web -based public outreach activities for the proJect to communicate major project milestones and results, D. AUTHORITY shall provide fornnata, templates, and guidance in reporting requirements as described in CTFP. E. AUTHORITY, or agents of AUTHORITY, may upon close-out of PROJECT under this Agreement, perform anaudit and mtechnical review toensure that the CTFPGuidelines policies and procedures were followed. Such an audit shall be performed within one hundred and eighty (180) days after the PROJECT three-year grant periodiscomplete, |fthe audit ortechnical review determines that any of the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must Page 4 of 14 �+��� 1� - 1�\ "~='^^ ^^~' ^" COOPERATIVE AGREEMENT C-1-3O22 return the amount of funding used to perform the ineligible activity toAUTHORITY, F AUTHORITY will invoice the PARTICIPATING AGENCIES as identified in the PROJECT 2010 CALLAPPLICATION and Attachment B for the dollar nnehch at the start of the PROJECT GAUTHORITY will request updates on the PROJECT as part of aenn[+annu21 review prouess, including documentation ofin'kind match conforming to Attachment B and will include the PROJECT in the list of active projects in 0CFundtrackor until completion ofthe three year grant period. Documents to be provided include, but are not |innited to, payroll reoords, contracts, and purchase orders. ARTICLE 4. RESPONSIBILITES OF THE AUTHORITY AS PROJECT LEAD AGENCY The AUTHORITY as the BAD AGENCY agrees to the following responsibilities for the implementation ofthe PROJECT: A. AUTHORITY will act as the LEAD AGENCY for the work necessary to manage, procure, and complete the PROJECT as identified in Attachment 4, which is attached to and, by this nahananm*. incorporated inand made apart ofthis agreement. B� Tocoordinate outreach with the PARTICIPATING AGENCIES for the PROJECT. C. To collect manual intersection movement and automated machine traffic counts, D. Todevelop new timing plans optimized for signal synchronization. E. To provide updated timing plans and tnaMio count data to the PARTICIPATING AGENCIES. F. To prepare a "Before and After Study' for the PROJECT. As described in the K8eooune &42 Eligibility Guidelines adopted by the AUTHORITY, the "Before and After Study" for the project is considered the equivalent of the required Project Final Report (Measure KA2 Ordinance No. 3. Section B.|//S) for the project. The AUTHORITY shall provide the "Before and After Study" to the PARTICIPATING AGENCIES in draft and final formats for comment and comments shall be noted in the final study. Page 5 of 14 Tfrnm l~Y ll ^^°.^^ ^^'^ - ^^ 8B'l88' COOPERATIVE AGREEMENT C-1-3022 G. To provide Ongoing Maintenance and Operation of optimized signal timing after Primary Implementation of the PROJECT is completed and continue until the end of the three year grant period. ARTICLE 5. RESPONIBILITES OF THE PARTICIPATING AGENCIES The PARTICIPATING AGENCIES agree to the following responsibilities for implementation and funding of the PROJECT: A. Provide a technical representative to meet and participate as a member of the project's Traffic Forum. B. To authorize the AUTHORITY to manage, procure, and implement all aspects of the project. C. To participate and support the PROJECT implementation within the timeframe outlined in the APPLICATION and consistent with the CTFP Guidelines adopted by the AUTHORITY. D. To provide the AUTHORITY all current intersection, local field master, and/or central control system timing plans and related data upon request. E. To provide the local match and/or documentation for the in -kind services for the project in accordance with Attachment B. Failure to provide included match and/or evidence of in - kind seRtice may result in the loss of future participation for competitive funds. F. PARTICIPATING AGENCIES that have included a dollar match as identified in Attachment B shall provide payment for the dollar match to the AUTHORITY within 30 calendar days of receipt of an invoice. G. PARTICIPATING AGENCIES that have included an in -kind match as identified in Attachment B shall provide documentation of conformance as part of the semi-annual review process. H. PARTICIPATING AGENCIES shall provide updates to the AUTHORITY on the PROJECT as part of semi-annual review process until completion of the three year PROJECT grant period. Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders. Page 6 of 14 HB -189- Item 12. - 12 1 2 3 4 5 O 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 28 COOPERATIVE AGREEMENT C4-3O22 i PARTICIPATING AGENCIES shall continue Ongoing Maintenance and Operation after the three year grant period is complete and continue until the end of the PROJECT if specified an part ofthe Attachment AMaintenance ofEffort section. ARTICLE 6. DELEGATED AUTHORITY The actions required to betoken by PARTICIPATING AGENCIES in the implementation of this Agreement are delegated to its City K8anagem, or equivalent 6enignee, and the actions required to be taken by AUTHORITY in the 'Implementation of this Agreement are delegated to AUTHORITY's Chief Executive Officer. ARTICLE7. AUDIT AND INSPECTION AUTHORITY and PARTICIPATING AGENCIES shall maintain aoomoleha net of records in accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING AGENCIES nhsJ| permit the authorized representatives ofAUTHORITY ho inspect and audit all work, rnateha|n, pay/o||, booka, acoounte, and other data and records of PARTICIPATING AGENCIES for a period of four (4) years after final payment; orund| any on -going audit in completed. For purposes of audh, the date of completion of this Agreement shall be the date of AUTH0R[TY'a payment of PARTICIPATING AGENCIES'final billing (so noted on the invoioe). if applicable, under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits nhe|| extend to and/or be included in contracts with PARTICIPATING AGENCIES' contractor. ARTICLE 8. INDEMNIFICATION A. The PARTICIPATING AGENCIES nhoU jointly and severally indemnify, defend and hold harmless the AUTHORITY, it's officers, 6ipectors, employees and agents from and against any and all n|airnu (including ottorne/n fees and reasonable expenses for litigation and aett|ement) for any |onn or damages, bodily iquhea, damage to, or loss of property caused by the negligent aotn, omissions or willful misconduct by the PARTICIPATING AGENCIES, its officers, directom, employees or agents in connection with orarising out mfthe performance ofthis Agreement. Page 7 of 14 Tf�mml7 l� �^°.^. ^^~'- ^-' UB-l9O- 2 3� 4 5� 8 7 8 0 A 11 12 13 14 15 18 17 18 18 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT C4-3O22 B. The PARTICIPATING AGENCIES shall maintain adequate |eve's of insurance, mself- insurance to assure full indemnification ofAUTHORITY, C. AUTHORITY shall indemnify, defend and hold hamn|eau the PARTICIPATING AGENC|ES, its offioens, directons, employees or mAents, and/or its officers, dinec\om, employees or agents from and against any and all o!aimo (including attormey'ufees and reasonable expenses for litigation and settlement) for any loss or damages, bodily injuries, damage to, or loss of property caused by the negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees or agents in connection with or arising oLA of the performance of this Agreement. D. AUTHORITY shall maintain adequate levels of insurance, or selfinsurance to assure full indemnification ofthe PARTICIPATING AGENCIES. ARTICLE 9. ADDITIONAL PROVISIONS & Term of Agreement: This Agreement shall continue in full force and effect until September 3O.2014. This Agreement may beextended at the mutual consent ofboth parties. B. This Agreement may be extended or amended in writing atany time by the mutual consent ofboth parties. Noamendment shall have any force oreffect unless executed in writing by both parties. C. The AUTHORITY and the PARTICIPATING AGENCIES agree to work together in good faith, using reasonable efforts to resolve any unforeseen issues and disputes arising out of the performance ofthis Agreement. D. Legal Authority: The AUTHORITY and the PARTICIPATING AGENCIES hereto represent that they are authorized to execute this Agreement on behalf of said parties and that, by no executing this agreement, the parties hereto are formally bound to the provisions of this Agreement. E. Severabilhy: If any term, provision, covenant or condition of this Agreement is held to be inva|id, void or otherwise unenfonzeab|e, to any exteni, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected theneby, and each h*rm, provision, covenant or condition cfthis Agreement shall be valid and enforceable \othe fullest extent permitted by law. n, lf�17. �� - 1^ � �°���� 1 2 3 4 5 14 15 16 17 18 19 20 21 22 %3 24 25 26 119 F. Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all ofwhich together shall constitute the same agreement. Facsimile signatures will bepemnitted. G� In the event that the PROJECT Costs exceed the estimates as submitted in the APPLICATION as prepared by the APPLICANT AGENCY, all parties agree to meet and determine PROJECT revisions to meet the budget or a revised funding proposal by PARTICIPATING AGENCIES which shall bedocumented and submitted inwriting as2revision tothe agreement. H AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal, state and |000| |ovvs, stotutes, ordinances and regulations of any governmental authority having jurisdiction over the PROJECT. i Either Party shall be excused from performing its obligations under this Agreement during the hme and tothe extent that itisprevented froxn performing by on unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; commandeering of nnateha|, products, plants or facilities by the federa|, state or !ooe| government; national fuel shortage; or material act or omission by the other party; when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of tI--e Party not performing. J. /sskolme--int� Neither this Agreement, nor any of the Parties rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent oYthe other Party |nits sole and absolute discretion. Any Such attempt ofassignment shall bedeemed void and ofnoforce and effect Consent to one ass\gnmant shall not be deemed consent to any subsequent assignment, northewaiverof any rightto consentto such subsequent assignment. K. Nothing herein shall be deemed nor construed to authorize or require any Party to issue bunds, notes or other evidences of indebtedness under the terms, in amounts, or for purposes other than as authorized by local, state or federal law. Page 9 of 14 nn Tf�1'7 l� ^�"'^�'-'5 HB-l92' L. The laws of the State ofCalifornia and applicable local and federal laws, regulations and guidelines shall govern this Agreement. K Litigation fees: Should litigation arise out ofthis Agreement for the performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing party, N� Notices� Any notices, requests, or demands made between the parties pursuant to this Agreement are to be directed as fcllows� / / / / / / / / / To CITY OF FOUNTAIN VALLEY� To AUTHORITY: City of F ountain Valley Orange County Transportation Authority 10200 Slater Avenue Fountain Valley, CA 92708 550 South Main Street P. 0. Box 14184 Orange, CA 92863-1584 Senior Civil Engineer Senior Contracts Administrator Tel: 714/593-4517 Tel: 7'14/560-5446 Page 1Oof14 Yf�,r` l� l^� HB'l0S- ^=^" ^�^ - '° 1 2 3 4 5 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT C-1-3022 To CITY OF SANTA ANA: To CITY OF HUNTINGTON BEACH: City of Santa Ana City of Huntington Beach Public Works Agency 20 Civic Center, M-43 Santa Ana, CA 92701 2000 Main Street Huntington Beach, CA 92648 Attention: Vinh Nguyen Senior Civil Engineer Attention: William Janusz Principal Civil Engineer Tel: 714/647-5612 7 Tel 114/317 4-1628 email: yDguyen(d)santa-ang_,®r email: yjvanusz@su[[gi+,,-.h ora To STATE OF CALIFORNIA: State of California 6681 Marine Way Irvine, CA 92618 Attention: Fedrico, Hormozi Senior Electrical Engineer Tel: 949/936-3464 email: fedrico, hormozi(o-),dot.ca.go Page 11 of 14 Item 12. - 17 11B -194- 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 9 9 COOPERATIVE AGREEMENT C-1-3022 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No, C-1 -3022 to be executed on the date first above written, CITY OF FOUNTAIN VALLEY ORANGE COUNTY TRANSPORTATION AUTHORITY By: f By: Will Kempton ay r Chief Executive Officer APPROVEDAS TO, FORM: By: Alan Burns City Attorney Dated: - APPROVED AS TO By: ZKennard R. Smart r. General Counsel AP Kia4 ortazavi ( � Executive Direct6*�,lanning Dated: -5-- 41— / z Page 12 of 14 IAB - 19-5- Item 12. - 18 COOPERATIVE AGREEMENT C-1-3022 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-1 -3022 to be executed on the date first above written. CITY HUNTINGTON BEACH By- �anse�.r, DonalrF: Mayor n L. Flynn Clerk APPROVED AS TO FORM: By: ,,Jennifer McGrath City Attorney Dated: Page 13 of 14 Item 12. - 19 11B -196- COOPERATIVE AGREEMENT C-1-3022 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-1 -3022 to be executed on the date first above written. CITY SANTA ANA Paul M. Walters Interim City Manager ATTEST: By: Maria D. Huizar City Clerk APPROVED AS TO FORM: By: I/Joe Straka City Attorney Dated Page 14 of 14 HB -197- Item 12. - 20 0 L] MacArthur Boulevard/T-�)lbert Avenue ATTACHMENT A Project P Corridor Scope ofWork MacArthur Boulevard/Talbert Avenue The Renewed k8eacuna M (N\2). Project P' Regional Traffic Signal Synchronization Program (RTS8P) is a muUi-aganoy, corridor -based approach that optimizes tnaffliosignal timing based onanalysis nfmetrics obtained from existing traffic patterns. This approach acknowledges local agency responsibility and control of signal timing and coordinates with project agencies to develop acceptable synchronization timing. The pART|CP/T|N(] AGENCIES/AGENCY (AGENCIES) along the MacArthur Boulevard/Talbert Avenue corridor (PROJECT) have rea,unaied, as detailed in the approved app|icad|nn, that the Orange County Transportation Authority (4UTHDR|TY)bodeaigna�dacthe LEAD AGENCY. AUTHOR|TYwU|�dminicterthe work with the assistance of consulting or contractor services to provide project management, tnsfUo signal timing optimizaiion, and implementation of approved equipment upgrades as submitted in the application for PROJECT. This scope requires the active assistance by ail corridor AGENCIES throughout the process even without special reference to their participation. PROJECT TRAFFIC SIGNAL SYNCHRONIZATION — PRIMARY IMPLEMENTATION T he following is an outline of the scope of services for PROJECT Primary Implementation that is associated with developing and implementing optimal PROJECT time -of day traffic signal coordination plans: 1) Project Administration AUTHORITY shall provide general project adniniokation, environmental prooeosing, and quality control, PARTICIPATING AGENCIES shall provide support project management services for the projectinte/aeotiono|uoabadwithintheirjuhodidionmndaacistinmaintaning PROJECT schedule. a) Data Collection The AUTHORITY will assemble with the assistance of PARTICIPATING AGENCIES the necessary data to understand the existing traffic conditions for the PROJECT and its respective traffic signal operations. This shall indude, at minimum, the following: " All data, documents, plano, phohzo, etc. related toeach Project intersection within the past two years n° Th�1� �l ^�"^ ^�' - �' 1-113-190' 0 10 AGREE ME NT C-1-3022 MacArthur Boulevard/Talbert Avenue ATTACHMENTA ® Local agency timing preferences or policies for all modes of travel and special intersection treatments Manual and Machine Traffic counts for highway links and intersections for weekday and weekend time periods for all modes of travel. Special 72-hour video counts will be conducted at up to eight (8) intersections along the corridor with established s,:ecial modal use. b) Field Reviews AUTHORITY shall conduct PROJECT field reviews to verify collected data including geometric layout, inventory of existing traffic signal control and communications, and any and all factors that impact or affect signal progressions. AUTHORITY in coordination with the PARTICIPATING AGENCIES shall identify mitigations for the existing traffic signal control equipment or geometric layouts to determine recommended PROJECT related improvements 2) 5i_qnal Synchronization Timir!u The AUTHORITY shall develop a signal synchronization model using Synchro and Sim Traffic 8.0 and Tru — Traffic 9.0 to verify the operation of existing timing and then produce and evaluate potential timing changes that would improve or refine the corridor traffic flows through improved optimized signal operations. The PARTICIPATING AGENCIES shall be involved in the review and validation of the recommended signal timing. The OCTA Corridor Synchronization Performance Index (CSPI) combines Average Speed, Stops per Mile, and Greens per Red (number of intersections successfully traversed on a Green Light vs. Stopped by a Red Light) into a composite index. The CSPI shall be the defined metric in this evaluation The AUTHORITY shall utilize the approved Optimized Signal Timing and implement the timing into the central and field controller systems and provide Fine Tuning services. The After Study Travel Time Runs Shall be performed and the Before to After comparison CSPI shall then be determined 3) Before and After Studies and Reports AUTHORITY shall conduct real-time floating car "runs" in each direction during the planned (Before) and implemented (After) time periods of PROJECT traffic signal synchronization. Summary reports shall be prepared by AUTHORITY in coordination with the HB -199- Item 12. - 22 AGREEMENT C-1-3022 MacArthur Boulevard/Talbert Avenue ATTACHMENT A PARTICIPATING AGENCIES to indentify improvements in metrics from the Before to After conditions_ The Before and After Study shall constitute the PROJECT Final Report. Additionally, this report shall document improvements accomplished and recommend procedures for continuing maintenance, surveillance, and evaluation of the coordinated signal system. 4. Enaineering Design, Review. and Procurement/Construction —Support Infrastructure Each AGENCY shall provide sufficient staffing to provide Engineering Design Review of Consultant provided design documentation. If design documentation is provided by the AGENCY for PROJECT, the Engineering Design Review requirement shall be satisfied, Purchase and construction/installation of the requested traffic signal infrastructure and upgrades, software, licenses, or other components as approved in the application shall be by the AUTHORITY in the name of and for the end user AGENCY. The AUTHORITY shall work with the PARTICIPATING AGENCIES to coordinate design, identification of applicable standards/specifications, purchasing and/or installation of the required improvements. Design and other technical support to implement the upgrades shall be subject to the designated cost estimate. The budget for these improvements is fixed to the approved budget and will be subject to revised scope or additional contributions. The highest priority improvements shall be those that are required to optimize signal timing. The AGENCY shall waive all fees for permits and inspections and shall provide sufficient professional staffing to provide construction support and inspection services to PROJECT. PROJECT TRAFFIC SIGNAL SYNCHRONIZATION — ON GOING MAINTENANCE AND MONITORING The following is a summary of the on -going maintenance and monitoring for PROJECT: 1} Continued Signal Timing SUDPOrt From the date of completion and acceptance of the signal timing implementation by the AGENCIES, the AUTHORITY shall provide regularly scheduled monthly signal timing support to monitor, observe, fine-tune and optimize the signal timing and phasing operation, PROJECT wide. The AUTHORITY shall provide a reporting mechanism to the AGENCIES documenting any changes made or recommended including maintenance issues regarding systems components directly related to the Systems Item 12. - 23 H B -2200- AGREEMENT C-1-3022 MacArthur Boulevard/Talbert Avenue ATTACH,NENTA {nfmotrudons installed or constructed through PROJECT. This Continued Signal llming Suppoq� period will end after two year (24 months) or no longer than the PROJECT grant period. 2) T wo Year Communication and Detection Suppo Authority shall provide regular monthly scheduled communication and detection support to ensure necessary conditions for signal synohronization. This will primarily focus on the monitoring and reporting o[communications and detection issues. As issues are |den6ified, they will be reported to the local agencies and potential repairs will be identified with local agencies' consultation. HB-20l Item1� �� ��`�^ - �-` AGREEMENT C-1-3022 PROJECT P - MACARTHUR BLVD.ITALBERT AVE. - WORK BY LOCATION ATTACHMENT A MacArthur Boulevard / Talbert Avenue - Work by Location Caltrans SR-55 NB Ramps Caltrans SR-55 SB Ramps Santa Ana MacArthur Place Santa Ana Main Street Santa Ana Birch Street Santa Ana Flower Street Santa Ana Towner Santa Ana Bristol Street Santa Ana Plaza Drive Santa Ana Bear Street Santa Ana Raitt Street Santa Ana Greenville Street Santa Aria Fairview Street Santa Ana Susan Street Santa Ana Home Depot Santa Ana Harbor Boulevard Santa Ana Hyland Avenue Fountain Valley Newhope Street Fountain Valley Euclid Street Fountain Valley Ward Street Fountain Valley Brookliurst Street Fountain Valley Cashew Street I Foster Street Fountain Valley Bushard Street I Fountain Vallev Macinolia Street Lpcaton P. or. 1 58 2070 cu, com6A, gps 2 228 2070 cu, com6A, gps 3 2570 4 2569 es-F, ee-TP, BT 5 2949 6 2568 7 2469 8 2567 es; ee-T P, VD, BT, E I/C. media CAT-5, W, VS 9 2473 6,P-TP 10 2565 es-F, W, E I/C F24 11 2625 es-F, W, N I/C F24 12 2468 es-F, N 11C F24 13 2566 es-F, VD, BT, E I/C F24; media CAT-5, VS 14 2564 15 2467 16 2562 es, ee, VD, BT, E I/C, VV, VS, rnedia CAT-5 17 2563 W 18 7096 19 7063 20 7064 N UC F24 21 7062 N UC F24 22 7059 23 7061 24 7065 II riurnirigion t5eacn I Newtanostreei I Lb I Mb�5 I-vv, km.ster iocation) [Huntington Beach l Wal-Mart Shopping Center 1 26 1 3984 1WR (save location) Icu = controller unit; ca = controller assembly includes cu + all necessary equipment and appurtenances + es; ce 'cabinet equipment-' es ethernet switch; FS = Fiber Switch; ee = ethernet extender; gps = gps interface and iantennae installed;2070 = 2070 Com## - 2070 Communication Module, 170E - Field Master; CM = Modem - Communication Module-, C = CenTracs; TAG = TACTICS; ASCL = ACS Lite A = Aries; Existing or New I/C = Interconnect Conduit with media,- media - F = Fiber Optic, TP = ## pair Twisted-, VD = Video Detection; WD - Wireless Detection SD - System Detection; VS = Video Surveillance System; W = \NiFi; WR = Wireless Radio-, BT- Bluetooth; L = Loop Detector; EVP = Emergency veh. pre-empt,- T## = Type 11 or III Electrical Service; a # following item codes = quantity (i.e. L42 = install 42 loop detectors); * = shared ownership; ** following task code NOT A PART, agency pays 100% for that task only-, m - cu = modify existing controller. New controller may be substituted if functionally equivalent. CONSULTANT is cautioned to verify interconnect components in field. All equipment is furnished and installed and/or modify existing installation with 1 year guaranty on labor and material. Firmware and Software Upgrades for installed specified systems are included in the installed price for 2 period of 3 years. Excludes new software for new features not originally installed nor specified to be installed and included. Removal of existing equipment and appurtenances is included in the furnish and instal" or modify existing installation price. PS & E may be available at no cost to the Consultant from Project Agencies. Item 12. - 25 1AB -202- AGREEMENT C-1 -3022 PROJECT P - IVIACARTHUR BLVD.ITALBERT AVE. - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Santa Ana Instructions: Enter any special circumstance such as conduit, communications: central or field master modifications, new systems, TMC, VIDS, etc. that are not part of the intersection listing on the Main Data Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish. Priorit f Description Comments 1 !Provide ethernet extenders for IP over Copper at Mackthurffiirch 2 Provide ethernet extenders for IP over Copper at MacArthur/Flower 3 Provide ethernet extenders for IP over Copper at ZcAnhur,7owner 4 Replace existing traffic cabinet with new Type 332 Traffic Signal lCabinet at MacArthur/Main 5 ('Replace Replace existing traffic cabinet with new Type 332 TraflFic Signal at MacArthur/Flower IiI 14B -203- Item 12. - 26 0 0 AGREEIAENT C4-3022 PROJECT P'MACARTHDRBLVDJTALBERTAVE. ' WORK BYLOCATION ATTACHMENT U Comments, Wishes, Needs ofFountain Valley U Instructions: Enter any special circumstance such axcondu��mm���o.�m�o,/�dma��— modifications, new ay�,mx.rwo.moa.�cmou�em�pancv+hmintersection listing onmemminData !Sheet. Prioritize with I being best and 5 being wo7st- Add items if you, wish. moouon:roo ms T+en�1� �7 ^=��^�^-�' O8-204 • S AGREEMENT C-1-3022 PROJECT P - MACARTHUR BLVDJTALBERT AVE. - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Huntington Beach Instructions; Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, YIDS, etc. that are not part of the intersection listing on the Main Data Sheet. Priorltize with 1 being best and 5 being worst. Add items if you wish. Priority Description _ Comments 1 Wireless Radio at City Hall'5.8 GHz} HB -205- Item 12. - 28 AGREEMENT C-1-3022 PROJECT P - MACARTHUR BLVD.ITALBERT AVE. - WORD BY LOCATION ATTACHMENT A 4 Comments, Wishes, Needs of Caltrans Instructions: Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, VIDE, etc. that are not part of the intersection listing on the Blain Data Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish. Priorit Description Comments 1 Controller 170E i 2 Model 400 communication modem f i l]] I Item 12. - 29 HB -206- AGREEMENT N2C-1-3O22 ATTACHMENT B Local Match Commitment Details WMatching Funds: (must baconsistent with PROJECT APPUC/TlDN): Provide details intables Direct Dollar Match Total Dollar Match for the Project '$ 37,424�__ In Lieu Funding: Total In Lieu Funding for the Project: $ 6K0,64K0___ Total Match for Project $ 98,064 Direct Dollar Match - Agency Funding Source Amount of Direct Contribution City of Fountain Valley $31,860 City of Huntington Beach $5,564 TOTAL $37,424 |nLieu/Soft Match ofImprovements orStaffing Support Specific Improvements and Services (List items and Cost) Agency Improvement Date of Construction Expenditure TOTAL Tf�n,l� �A }�B-TB- ^^=^'^ ^^'` --'" Staffing Commitment: Agency Staff Position Type of Service to Project No 0� f H s Hourly Rate (Including I Total Assistant Project Design Assistant Traffic Project Design Engineering Project Design I *Total amount isthe required participation bythe identified agency. The number of hours and ra�/w�!bebased oneach agency's an��biUon in0nabas.whnhudm��� |ee|yequ�the same hourlyof the assigned 'Total"dollars. Each agency will beresponsible for keepinQdetailed records ofhoura worked and description ofwork. Anaccounting record ofpersonnel, hours, and burden rate io expected tobeincluded with the final submittal. Records will besubject 1oauditing. Tf�rn l"� �l ^^=.^ ^^~^ - -'^ Ul3'Z0X' ATTAC H M E N T F Ha -209- Item 12. - 32 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-1-3022 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITIES OF FOUNTAIN VALLEY, HUNTINGTON BEACH, AND SANTA ANA FOR THE MACARTHUR BOULEVARD/TALBERT AVENUE 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 2014, by and between the Orange County Transportation Authority, ("AUTHORITY"), and the Cities of Fountain Valley, Huntington Beach, and Santa Ana (hereinafter referred to as the "PARTICIPATING AGENCIES"). WITNESSETH: WHEREAS, by Agreement No. C-1-3022 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 — 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 5 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-1-3022 NOW, THEREFORE, it is mutually understood and agreed that Agreement No. C-1-3022 is hereby amended in the following particulars only: 1. Amend Page 1 of 14, to delete lines 6-7 in their entirety. 2. Amend Page 1 of 14, lines 15-16 to delete in their entirety and in lieu thereof, insert "Cities of Fountain Valley, Huntington Beach, and Santa Ana (hereinafter referred to as the "Participating Agencies"). 3. Amend Page 2 of 14, lines 17-18 to delete "Ninety -Eight Thousand, Sixty -Four Dollars ($98,064.00)" and in lieu thereof, insert "Eighty Thousand, Two Hundred Twenty -One Dollars ($80,221.00)". 4. Amend Page 3 of 14, to delete lines 7-8 in their entirety. 5. Amend ARTICLE 9. ADDITIONAL PROVISIONS, page 8 of 14, 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 14, 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 5 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-1-3022 The balance of Agreement No. C-1-3022 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-1-3022 to be executed on the date first above written. CITY OF FOUNTAIN VALLEY ORANGE COUNTY TRANSPORTATION AUTHORITY By: Michael Vo Mayor ATTEST: BV: Kathy Bailor City Clerk APPROVED AS TO FORM: BV: 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 5 • • 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-1-3022 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. C-1-3022 to be executed on the date first above written. CITY OF HUNTINGTON BEACH By: rP� — Matthew M. Harper Mayor ATTEST: B ynn CY Clerk APPROVED AS TO FORM: By: �,lennifer McGrAth D1,;0 Vl 30l 13 City Attorney Date: Page 4 of 5 0 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-1-3022 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. C-1-3022 to be executed on the date first above written. CITY OF SANTA ANA Bv: David Cavazos City Manager ATTEST: By: Maria D. Huizar City Clerk APPROVED AS TO FORM: By: Sonia R. Carvalho City Attorney Date: Page 5 of 5 COOPERATIVE AGREEMENT NO. C-1-3022 ATTACHMENT B DETAILED LOCAL MATCH COMMITMENT SECTION 1: AGENCY TOTAL MATCH SUMMARY Agency Cash In -Kind Total Match Fountain Valley $31,860.00 $ 0.00 $31,860.00 City of Huntington Beach $ 5,564.00 $0.00 $ 5,564.00 City of Santa Ana $ 0.00 $ 42,797.00 $42,797.00 TOTAL $ 37,424.00 $ 42,797.00 $ 80,221.00 SECTION 2: MATCH BREAKDOWN (CASH VS IN -KIND SERVICES) A. Cash Match Agency Funding Source Amount of Cash Contribution City of Huntington Beach $ 5,564.00 Fountain Valley $31,860.00 TOTAL $ 37,424.00 B. In -Kind Services i. Speck Improvements (List items and Cost): Agency Improvement Date of Construction Expenditure N/A $ TOTAL $ ii. Staffing Commitment: Agency Staff Position Type of Service to No. of Fully Burdened Total" Project Hours Hourly Rate City of Santa Ana Sr. Civil Engineer Project Admin 50 $180.46 $ 9,023.00 City of Santa Ana Asst. Eng. II Project Design / Implementation 100 $149.91 $ 14,991.00 City of Santa Ana Asst. Traffic Project Design / 85 $142.76 $ 12,134.60 Oper Eng Implementation City of Santa Ana Engineering Project Design / 148.97 $44.63 $ 6,648.40 Intern Implementation TOTAL IN -KIND MATCH': $ 42,797.00 `Iota/ 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 B - 1 City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk January 29, 2014 Julie Smith, Contract Administration and Materials Management Orange County Transportation Authority P.O. Box 14184 Orange, CA 92863-1584 Dear Ms. Smith: Enclosed please find one original of the "Amendment No. 1 to Cooperative Agreement No. C-1- 3022 Between Orange County Transportation Authority and the Cities of Fountain Valley, Huntington Beach, and Santa Ana for the MacArthur Blvd/Talbert Ave Funded As Part of the Measure M2 Regional Traffic Signal Synchronization Program (Project P)." Upon execution, please return a copy to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, • Jan L. Flynn City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand • 0 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 COOPERATIVE AGREEMENT NO. C-1-3022 BY AND BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITIES FOUNTAIN VALLEY, HUNTINGTON BEACH, SANTA ANA AND THE STATE OF CALIFORNIA FOR IMPLEMENTATION OF THE MACARTHUR BOULEVARD / TALBERT AVENUE FUNDED AS PART OF THE MEASURE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P) THIS AGREEMENT, is effective this !!�-/, day of is iel2012 by and between the Orange County Transportation Authority, 550 South Main Street, P.O. 'fox* 14184, Orange, California 92863- 1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"), and the Cities of Fountain Valley, Huntington Beach, Santa Ana, and the State of California (hereinafter referred to as the "PARTICIPATING AGENCIES"). WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES are working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program Project P (Project P) to enhance countywide traffic flow and reduce congestion; and WHEREAS, AUTHORITY has completed the competitive 2010 Call for Projects (hereinafter, "2010 CALL") in support of Project P and awarded Project P funds based on the application (hereinafter, "APPLICATION") prepared by the City of Santa Ana (hereinafter referred to as the "APPLICANT AGENCY") for implementation of signal synchronization of traffic signals along MacArthur Boulevard / Talbert Avenue Corridor (hereinafter, "PROJECT"); and WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected • COOPERATIVE AGREEMENT C-1-3022 1 to designate the AUTHORITY and AUTHORITY agrees to act as the implementing agency to carry out 2 the signal coordination PROJECT; and 3 WHEREAS, the PROJECT will include approximately twenty-six (26) traffic signals as 4 identified in the APPLICATION and illustrated in the PROJECT Scope of Work, which is attached 5 and referred to herein as Attachment A; and 6 WHEREAS, the PROJECT will include elements identified in the APPLICATION including 7 certain hardware and software upgrades to traffic controllers, traffic telecommunications and intertie 8 systems, central traffic master controllers and associated systems (hereinafter collectively referred 9 to as "TRAFFIC CONTROL ELEMENTS"), will be constructed and/or installed and implemented as 10 part of the PROJECT as identified in Attachment A; and 11 WHEREAS, AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate 12 the inclusion of other traffic control elements that must be installed at the same time as the 13 construction of the PROJECT that are NOT included in Attachment A and will be the responsibility of 14 the AGENCY owning each and any of those traffic control elements during the course of the project; 15 and 16 WHEREAS AUTHORITY agrees to implement the PROJECT based on Attachment A and with 17 a combined cash and in -kind match of ninety-eight thousand, sixty-four Dollars ($98,064.00), equivalent 18 to twenty percent (20%) of the PROJECT cost (see Attachment B); and 19 WHEREAS, AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this 20 Agreement to implement the PROJECT in support of Project P as part of M2; and 21 WHEREAS, this Cooperative Agreement defines the specific terms, conditions and funding 22 responsibilities between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation 23 of the PROJECT. 24 WHEREAS, the Orange County Transportation Authority Board of Directors approved funding 25 for the PROJECT and authorized the Chief Executive Officer to negotiate and execute this cooperative 26 agreement on June 13, 2011. Page 2 of 14 COOPERATIVE AGREEMENT C-1-3022 1 WHEREAS, the CITY of Fountain Valley's City Council approved this Agreement on the 2 'Mk —clay of A/O vP, v>-) h P, )— 120 / / . 3 WHEREAS, the CITY of Huntington Beach's City Council approved this Agreement on the 4 is&day of 41d ✓rim /9-Pi, , 20 5 WHEREAS, the CITY of Santa Ana's City Council approved this Agreement on the 6 1 day of 20_L�_. 7 WHEREAS, the State of California Department of Transportation's Deputy District Director of 8 Operations approved this Agreement on the day of 20 9 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the 10 PARTICIPATING AGENCIES as follows: 11 ARTICLE 1. COMPLETE AGREEMENT 12 A. This Agreement constitutes the complete and exclusive statement of the terms and 13 conditions of the Agreement between AUTHORITY and the PARTICIPATING AGENCIES concerning 14 the PROJECT roles and responsibilities and required PROJECT match and supersedes all prior 15 representations, understandings and communications between the parties. The above -referenced 16 Recitals are true and correct and are incorporated by reference herein. 17 B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES's 18 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or 19 relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or 20 condition(s), and AGENCY's obligation in respect thereto shall continue in full force and effect. Changes 21 to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically 22 confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to 23 this Agreement and issued in accordance with the provisions of this Agreement. 24 C. PARTICIPATING AGENCIES's failure to insist on any instance(s) of AUTHORITY's 25 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or 26 relinquishment of PARTICIPATING AGENCY's right to such performance or to future performance of Page 3 of 14 COOPERATIVE AGREEMENT C-1-3022 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 such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING AGENCIES except when specifically confirmed in writing by an authorized representative of PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. ARTICLE 2. SCOPE OF AGREEMENT This Agreement specifies the roles and responsibilities of the PARTIES as they pertain to the subjects and projects addressed herein. Both AUTHORITY and PARTICIPATING AGENCIES agree that each will cooperate and coordinate with the other in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof. ARTICLE 3. RESPONSIBILITIES OF AUTHORITY AUTHORITY agrees to the following responsibilities for funding of the PROJECT: A. AUTHORITY shall implement the PROJECT based on the APPLICATION prepared by the APPLICANT AGENCY in accordance with the policies and procedures contained in the CTFP Guidelines. B. AUTHORITY shall provide oversight in order to maintain inter jurisdictional traffic signal operational integrity between PROJECT and other existing and new M2 Project P funded projects. C. AUTHORITY shall perform web -based public outreach activities for the project to communicate major project milestones and results. D. AUTHORITY shall provide formats, templates, and guidance in reporting requirements as described in CTFP. E. AUTHORITY, or agents of AUTHORITY, may upon close-out of PROJECT under this Agreement, perform an audit and or technical review to ensure that the CTFP Guidelines policies and procedures were followed. Such an audit shall be performed within one hundred and eighty (180) days after the PROJECT three-year grant period is complete. If the audit or technical review determines that any of the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must Page 4 of 14 i COOPERATIVE AGREEMENT C-1-3022 1 return the amount of funding used to perform the ineligible activity to AUTHORITY. 2 F. AUTHORITY will invoice the PARTICIPATING AGENCIES as identified in the 3 PROJECT 2010 CALL APPLICATION and Attachment B for the dollar match at the start of the 4 PROJECT. 5 G. AUTHORITY will request updates on the PROJECT as part of semi-annual review 6 process, including documentation of in -kind match conforming to Attachment B and will include the 7 PROJECT in the list of active projects in OCFundtracker until completion of the three year grant period. 8 Documents to be provided include, but are not limited to, payroll records, contracts, and purchase 9 orders. 10 ARTICLE 4. RESPONSIBILITES OF THE AUTHORITY AS PROJECT LEAD AGENCY 11 The AUTHORITY as the LEAD AGENCY agrees to the following responsibilities for the 12 implementation of the PROJECT: 13 A. AUTHORITY will act as the LEAD AGENCY for the work necessary to manage, procure, 14 and complete the PROJECT as identified in Attachment A, which is attached to and, by this reference, 15 incorporated in and made a part of this agreement. 16 B. To coordinate outreach with the PARTICIPATING AGENCIES for the PROJECT. 17 C. To collect manual intersection movement and automated machine traffic counts. 18 D. To develop new timing plans optimized for signal synchronization. 19 E. To provide updated timing plans and traffic count data to the PARTICIPATING 20 AGENCIES. 21 F. To prepare a "Before and After Study" for the PROJECT. As described in the Measure 22 M2 Eligibility Guidelines adopted by the AUTHORITY, the "Before and After Study" for the project is 23 considered the equivalent of the required Project Final Report (Measure M2 Ordinance No. 3, Section 24 B.111.9) for the project. The AUTHORITY shall provide the "Before and After Study" to the 25 PARTICIPATING AGENCIES in draft and final formats for comment and comments shall be noted in 26 the final study. Page 5 of 14 COOPERATIVE AGREEMENT C-1-3022 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 G. To provide Ongoing Maintenance and Operation of optimized signal timing after Primary Implementation of the PROJECT is completed and continue until the end of the three year grant period. ARTICLE 5. RESPONIBILITES OF THE PARTICIPATING AGENCIES The PARTICIPATING AGENCIES agree to the following responsibilities for implementation and funding of the PROJECT: A. Provide a technical representative to meet and participate as a member of the project's Traffic Forum. B. To authorize the AUTHORITY to manage, procure, and implement all aspects of the project. C. To participate and support the PROJECT implementation within the timeframe outlined in the APPLICATION and consistent with the CTFP Guidelines adopted by the AUTHORITY. D. To provide the AUTHORITY all current intersection, local field master, and/or central control system timing plans and related data upon request. E. To provide the local match and/or documentation for the in -kind services for the project in accordance with Attachment B. Failure to provide included match and/or evidence of in - kind service may result in the loss of future participation for competitive funds. F. PARTICIPATING AGENCIES that have included a dollar match as identified in Attachment B shall provide payment for the dollar match to the AUTHORITY within 30 calendar days of receipt of an invoice. G. PARTICIPATING AGENCIES that have included an in -kind match as identified in Attachment B shall provide documentation of conformance as part of the semi-annual review process. H. PARTICIPATING AGENCIES shall provide updates to the AUTHORITY on the PROJECT as part of semi-annual review process until completion of the three year PROJECT grant period. Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders. Page 6 of 14 • COOPERATIVE AGREEMENT C-1-3022 1 I. PARTICIPATING AGENCIES shall continue Ongoing Maintenance and Operation after 2 the three year grant period is complete and continue until the end of the PROJECT if specified as part 3 of the Attachment A Maintenance of Effort section. 4 ARTICLE 6. DELEGATED AUTHORITY 5 The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this 6 Agreement are delegated to its City Managers, or equivalent designee, and the actions required to be 7 taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief 8 Executive Officer. 9 ARTICLE 7. AUDIT AND INSPECTION 10 AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in 11 accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING 12 AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work, 13 materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a 14 period of four (4) years after final payment, or until any on -going audit is completed. For purposes of 15 audit, the date of completion of this Agreement shall be the date of AUTHORITY's payment of 16 PARTICIPATING AGENCIES' final billing (so noted on the invoice), if applicable, under this Agreement. 17 AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above 18 provision with respect to audits shall extend to and/or be included in contracts with PARTICIPATING 19 AGENCIES' contractor. 20 ARTICLE 8. INDEMNIFICATION 21 A. The PARTICIPATING AGENCIES shall jointly and severally indemnify, defend and hold 22 harmless the AUTHORITY, it's officers, directors, employees and agents from and against any and all 23 claims (including attorney's fees and reasonable expenses for litigation and settlement) for any loss or 24 damages, bodily injuries, damage to, or loss of property caused by the negligent acts, omissions or 25 willful misconduct by the PARTICIPATING AGENCIES, its officers, directors, employees or agents in 26 connection with or arising out of the performance of this Agreement. Page 7 of 14 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 COOPERATIVE AGREEMENT C-1-3022 B. The PARTICIPATING AGENCIES shall maintain adequate levels of insurance, or self- insurance to assure full indemnification of AUTHORITY. C. AUTHORITY shall indemnify, defend and hold harmless the PARTICIPATING AGENCIES, its officers, directors, employees or agents, and/or its officers, directors, employees or agents from and against any and all claims (including attorney's fees and reasonable expenses for litigation and settlement) for any loss or damages, bodily injuries, damage to, or loss of property caused by the negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. D. AUTHORITY shall maintain adequate levels of insurance, or self-insurance to assure full indemnification of the PARTICIPATING AGENCIES. ARTICLE 9. ADDITIONAL PROVISIONS A. Term of Agreement: This Agreement shall continue in full force and effect until September 30, 2014. This Agreement may be extended at the mutual consent of both parties. B. This Agreement may be extended or amended in writing at any time by the mutual consent of both parties. No amendment shall have any force or effect unless executed in writing by both parties. C. The AUTHORITY and the PARTICIPATING AGENCIES agree to work together in good faith, using reasonable efforts to resolve any unforeseen issues and disputes arising out of the performance of this Agreement. D. Legal Authority: The AUTHORITY and the PARTICIPATING AGENCIES hereto represent that they are authorized to execute this Agreement on behalf of said parties and that, by so executing this agreement, the parties hereto are formally bound to the provisions of this Agreement. E. Severability: If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Page 8of14 i • • COOPERATIVE AGREEMENT C-1-3022 1 F. Counterparts of Agreement: This Agreement may be executed and delivered in any 2 number of counterparts, each of which, when executed and delivered shall be deemed an original and 3 all of which together shall constitute the same agreement. Facsimile signatures will be permitted. 4 G. In the event that the PROJECT Costs exceed the estimates as submitted in the 5 APPLICATION as prepared by the APPLICANT AGENCY, all parties agree to meet and determine 6 PROJECT revisions to meet the budget or a revised funding proposal by PARTICIPATING AGENCIES 7 which shall be documented and submitted in writing as a revision to the agreement. 8 H. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal, 9 state and local laws, statutes, ordinances and regulations of any governmental authority having 10 jurisdiction over the PROJECT. 11 I. Force Maieure: Either Party shall be excused from performing its obligations under this 12 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable 13 cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; 14 commandeering of material, products, plants or facilities by the federal, state or local government; 15 national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of 16 such cause is presented to the other Party, and provided further that such nonperformance is 17 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. 18 J. Assignment: Neither this Agreement, nor any of the Parties rights, obligations, duties, or 19 authority hereunder may be assigned in whole or in part by either Party without the prior written consent 20 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed 21 void and of no force and effect. Consent to one assignment shall not be deemed consent to any 22 subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. 23 K. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to 24 authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the 25 terms, in amounts, or for purposes other than as authorized by local, state or federal law. 26 Page 9 of 14 • 0 COOPERATIVE AGREEMENT C-1-3022 1 2 3 C1 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 L. Governinq Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement. M. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing party. N. Notices: Any notices, requests, or demands made between the parties pursuant to this Agreement are to be directed as follows: To CITY OF FOUNTAIN VALLEY: To AUTHORITY: City of Fountain Valley Orange County Transportation Authority 10200 Slater Avenue Fountain Valley, CA 92708 550 South Main Street P. O. Box 14184 Orange, CA 92863-1584 Attention: Temo Galvez Senior Civil Engineer Attention: Venita Todd Senior Contracts Administrator Tel: 714/593-4517 Tel: 714/560-5446 email: temo.galvez(aD-fountainvalley.org email: vtodd(a�octa.net Page 10 of 14 • COOPERATIVE AGREEMENT C-1-3022 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 Il II Il To CITY OF SANTA ANA: To CITY OF HUNTINGTON BEACH: City of Santa Ana City of Huntington Beach Public Works Agency 20 Civic Center, M-43 Santa Ana, CA 92701 2000 Main Street Huntington Beach, CA 92648 Attention: Vinh Nguyen Senior Civil Engineer Attention: William Janusz Principal Civil Engineer Tel: 714/647-5612 Tel: 714/374-1628 email: vn u en santa-ana.or email: wianusz@surfcity-hb.org To STATE OF CALIFORNIA: State of California 6681 Marine Way Irvine, CA 92618 Attention: Fedrico Hormozi Senior Electrical Engineer Tel: 949/936-3464 email: fedrico hormozi(o7dot.ca.gov Page 11 of 14 COOPEROVE AGREEMENT C-1-3022 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 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-1-3022 to be executed on the date first above written. CITY OF FOUNTAIN VALLEY ORANGE COUNTY TRANSPORTATION AUTHORITY By: BY: /V _.._ Will Kempton ay r Chief Executive Officer Al APPROVED S TO F RM: By:�� Alan Burns City Attorney Dated: APPROVED TO By: Kennard R. Smd General Counsel APPROVAL RE Ki'a,Mortazavi Executive Directo , k Dated: Page 12 of 14 ning COOPERATIVE AGREEMENT C-1-3022 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 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-1-3022 to be executed on the date first above written. CITY HUNTINGTON BEACH By / I Donald F. Hanse Jr. Mayor APPROVEDA�S_TO FORM: By: f"'t ►! Jennifer McGrath - City Attorney Dated: Page 13of14 • COOPERARE AGREEMENT C-1-3022 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-1-3022 to be executed on the date first above written. CITY SANTA ANA By: (�Lb- Paul M. Walters Interim City Manager ATTEST: By: 2 , Maria D. Huizar City Clerk APPROVED AS TO FORM: UQ oe Straka City Attorney Dated: Page 14 of 14 • AGREEMENT C-1-3022 MacArthur Boulevard/Talbert Avenue ATTACHMENT A Project P Corridor Scope of Work MacArthur Boulevard/Talbert Avenue INTRODUCTION The Renewed Measure M (M2), Project P - Regional Traffic Signal Synchronization Program (RTSSP) is a multi -agency, corridor -based approach that optimizes traffic signal timing based on analysis of metrics obtained from existing traffic patterns. This approach acknowledges local agency responsibility and control of signal timing and coordinates with project agencies to develop acceptable synchronization timing. The PARTICPATING AGENCIES/AGENCY (AGENCIES) along the MacArthur Boulevard/Talbert Avenue corridor (PROJECT) have requested, as detailed in the approved application, that the Orange County Transportation Authority (AUTHORITY) be designated as the LEAD AGENCY. AUTHORITY will administer the work with the assistance of consulting or contractor services to provide project management, traffic signal timing optimization, and implementation of approved equipment upgrades as submitted in the application for PROJECT. This scope requires the active assistance by all corridor AGENCIES throughout the process even without special reference to their participation. PROJECT TRAFFIC SIGNAL SYNCHRONIZATION — PRIMARY IMPLEMENTATION The following is an outline of the scope of services for PROJECT Primary Implementation that is associated with developing and implementing optimal PROJECT time -of day traffic signal coordination plans: 1) Project Administration AUTHORITY shall provide general project administration, environmental processing, and quality control. PARTICIPATING AGENCIES shall provide support project management services for the project intersections located within their jurisdiction and assist in maintaining PROJECT schedule. a) Data Collection The AUTHORITY will assemble with the assistance of PARTICIPATING AGENCIES the necessary data to understand the existing traffic conditions for the PROJECT and its respective traffic signal operations. This shall include, at minimum, the following: • All data, documents, plans, photos, etc. related to each Project intersection within the past two years AGREEMENT C-1-3022 MacArthur Boulevard/Talbert Avenue ATTACHMENT A • Local agency timing preferences or policies for all modes of travel and special intersection treatments • Manual and Machine Traffic counts for highway links and intersections for weekday and weekend time periods for all modes of travel. Special 72-hour video counts will be conducted at up to eight (8) intersections along the corridor with established special modal use. b) Field Reviews AUTHORITY shall conduct PROJECT field reviews to verify collected data including geometric layout, inventory of existing traffic signal control and communications, and any and all factors that impact or affect signal progressions. AUTHORITY in coordination with the PARTICIPATING AGENCIES shall identify mitigations for the existing traffic signal control equipment or geometric layouts to determine recommended PROJECT related improvements 2) Signal Synchronization Timing The AUTHORITY shall develop a signal synchronization model using Synchro and Sim Traffic 8.0 and Tru — Traffic 9.0 to verify the operation of existing timing and then produce and evaluate potential timing changes that would improve or refine the corridor traffic flows through improved optimized signal operations. The PARTICIPATING AGENCIES shall be involved in the review and validation of the recommended signal timing. The OCTA Corridor Synchronization Performance Index (CSPI) combines Average Speed, Stops per Mile, and Greens per Red (number of intersections successfully traversed on a Green Light vs. Stopped by a Red Light) into a composite index. The CSPI shall be the defined metric in this evaluation The AUTHORITY shall utilize the approved Optimized Signal Timing and implement the timing into the central and field controller systems and provide Fine Tuning services. The After Study Travel Time Runs Shall be performed and the Before to After comparison CSPI shall then be determined 3) Before and After Studies and Reports AUTHORITY shall conduct real-time floating car "runs" in each direction during the planned (Before) and implemented (After) time periods of PROJECT traffic signal synchronization. Summary reports shall be prepared by AUTHORITY in coordination with the AGREEMENT C-1-3022 MacArthur Boulevard/Talbert Avenue ATTACHMENT A PARTICIPATING AGENCIES to indentify improvements in metrics from the Before to After conditions. The Before and After Study shall constitute the PROJECT Final Report. Additionally, this report shall document improvements accomplished and recommend procedures for continuing maintenance, surveillance, and evaluation of the coordinated signal system. 4. Engineering Design, Review, and Procurement/Construction — Support Infrastructure Each AGENCY shall provide sufficient staffing to provide Engineering Design Review of Consultant provided design documentation. If design documentation is provided by the AGENCY for PROJECT, the Engineering Design Review requirement shall be satisfied. Purchase and construction/installation of the requested traffic signal infrastructure and upgrades, software, licenses, or other components as approved in the application shall be by the AUTHORITY in the name of and for the end user AGENCY. The AUTHORITY shall work with the PARTICIPATING AGENCIES to coordinate design, identification of applicable standards/specifications, purchasing and/or installation of the required improvements. Design and other technical support to implement the upgrades shall be subject to the designated cost estimate. The budget for these improvements is fixed to the approved budget and will be subject to revised scope or additional contributions. The highest priority improvements shall be those that are required to optimize signal timing. The AGENCY shall waive all fees for permits and inspections and shall provide sufficient professional staffing to provide construction support and inspection services to PROJECT. PROJECT TRAFFIC SIGNAL SYNCHRONIZATION — ON GOING MAINTENANCE AND MONITORING The following is a summary of the on -going maintenance and monitoring for PROJECT: 1) Continued Signal Timing Support From the date of completion and acceptance of the signal timing implementation by the AGENCIES, the AUTHORITY shall provide regularly scheduled monthly signal timing support to monitor, observe, fine-tune and optimize the signal timing and phasing operation, PROJECT wide. The AUTHORITY shall provide a reporting mechanism to the AGENCIES documenting any changes made or recommended including maintenance issues regarding systems components directly related to the Systems AGREEMENT C-1-3022 MacArthur Boulevard/Talbert Avenue ATTACHMENT A infrastructure installed or constructed through PROJECT. This Continued Signal Timing Support period will end after two years (24 months) or no longer than the PROJECT grant period. 2) Two Year Communication and Detection Support Authority shall provide regular monthly scheduled communication and detection support to ensure necessary conditions for signal synchronization. This will primarily focus on the monitoring and reporting of communications and detection issues. As issues are identified, they will be reported to the local agencies and potential repairs will be identified with local agencies' consultation. • 9 AGREEMENT C-1-3022 PROJECT P - MACARTHUR BLVD./TALBERT AVE. - WORK BY LOCATION ATTACHMENT A MacArthur Boulevard / Talbert Avenue - Work by Location MkAtthue- glvd:/T6Ib6A Avg:.@:: :L'ocatiori ::Node::::: : ; : ; ::: ; : :D�scri�tion �f 1Nar.R: Xi�i : LczGatioti Caltrans SR-55 NB Ramps 1 58 2070 cu, com6A, gps Caltrans SR-55 SB Ramps 2 228 2070 cu, com6A, gps Santa Ana MacArthur Place 3 2570 Santa Ana Main Street 4 2569 es-F, ee-TP, BT Santa Ana Birch Street 5 2949 Santa Ana Flower Street 6 2568 Santa Ana Towner 7 2469 Santa Ana Bristol Street 8 2567 es, ee-TP, VD, BT, E I/C, media CAT-5, W, VS Santa Ana Plaza Drive 9 2473 ee-TP Santa Ana Bear Street 10 2565 es-F, W, E I/C F24 Santa Ana Raitt Street 11 2625 es-F, W, N I/C F24 Santa Ana Greenville Street 12 2468 es-F, N I/C F24 Santa Ana Fairview Street 13 2566 es-F, VD, BT, E I/C F24, media CAT-5, VS Santa Ana Susan Street 14 2564 Santa Ana Home Depot 15 2467 Santa Ana Harbor Boulevard 16 2562 es, ee, VD, BT, E I/C, W, Vs, media CAT-5 Santa Ana Hyland Avenue 17 2563 W Fountain Valley Newhope Street 18 7096 Fountain Valley Euclid Street 19 7063 Fountain Valley Ward Street 20 7064 N I/C F24 Fountain Valley Brookhurst Street 21 7062 N I/C F24 Fountain Valley Cashew Street / Foster Street 22 7059 Fountain Valley Bushard Street 23 7061 Fountain Valley Magnolia Street 24 7065 Huntington Beach Newland Street 25 3883 1WR (master location) Huntin ton Beach Wal-Mart Shopping Center 26 3984 1WR (slave location) cu = controller unit; ca = controller assembly includes cu + all necessary equipment and appurtenances + es; ce = cabinet equipment; es = ethernet switch; FS = Fiber Switch; ee = ethernet extender; gps = gps interface and antennae installed; 2070 = 2070 Com## - 2070 Communication Module, 170E - Field Master; CM = Modem - Communication Module; C = CenTracs; TAC = TACTICS; ASCL = ACS Lite A = Aries; Existing or New I/C = Interconnect Conduit with media; media - F = Fiber Optic, TP = ## pair Twisted; VD = Video Detection; WD - Wireless Detection SD - System Detection; VS = Video Surveillance System; W = WIFI; WR = Wireless Radio; BT- Bluetooth; L = Loop Detector; EVP = Emergency veh. pre-empt; T ## = Type 11 or III Electrical Service; a # following item codes = quantity (i.e. L42 = install 42 loop detectors); * = shared ownership; ** following task code = NOT A PART, agency pays 100% for that task only; m - cu = modify existing controller. New controller may be substituted if functionally equivalent. CONSULTANT is cautioned to verify interconnect components in field. All equipment is furnished and installed and/or modify existing installation with 1 year guaranty on labor and material. Firmware and Software Upgrades for installed specified systems are included in the installed price for a period of 3 years. Excludes new software for new features not originally installed nor specified to be installed and included. Removal of existing equipment and appurtenances is included in the furnish and install or modify existing installation price. PS & E may be available at no cost to the Consultant from Project Agencies. AGREEMENT C-1-3022 0 PROJECT P - MACARTHUR BLVD./TALBERT AVE. - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Santa Ana Instructions: Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, VIDS, etc. that are not part of the intersection listing on the Main Data Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish. Priority Description Comments 1 Provide ethernet extenders for IP over Copper at MacArthur/Birch 2 Provide ethernet extenders for IP over Copper at MacArthur/Flower 3 Provide ethernet extenders for IP over Copper at MacArthur/Towner 4 Replace existing traffic cabinet with new Type 332 Traffic Signal Cabinet at MacArthur/Main 5 Replace existing traffic cabinet with new Type 332 Traffic Signal Cabinet at MacArthur/Flower AGREEMENT C-1-3022 • PROJECT P - MACARTHUR BLVD./TALBERT AVE. - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Fountain Valley Instructions: Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, VIDS, etc. that are not part of the intersection listing on the Main Data Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish. Priority Description Comments 1 CCTV location: TBD AGREEMENT C-1-3022 PROJECT P - MACARTHUR BLVD./TALBERT AVE. - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Huntington Beach Instructions: Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, VIDS, etc. that are not part of the intersection listing on the Main Data Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish. Priority Description Comments 1 Wireless Radio at City Hall (5.8 GHz) • AGREEMENT C-1-3022 PROJECT P - MACARTHUR BLVD./TALBERT AVE. - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Caltrans Instructions: Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, VIDS, etc. that are not part of the intersection listing on the Main Data Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish. Priority Description Comments 1 Controller 170E 2 Model 400 communication modem • AGREEMENT NO. C-1-3022 ATTACHMENT B Local Match Commitment Details of Matching Funds: (must be consistent with PROJECT APPLICATION): Provide details in tables Direct Dollar Match Total Dollar Match for the Project - $ 37,424 In Lieu Funding: Total In Lieu Funding for the Project: $ 60,640 Total Match for Project $ 98,064 Direct Dollar Match - Agency Funding Source Amount of Direct Contribution City of Fountain Valley $ 31,860 City of Huntington Beach $ 5,564 TOTAL $ 37,424 In Lieu/Soft Match of Improvements or Staffing Support Specific Improvements and Services (List items and Cost) Agency Improvement Date of Construction Expenditure TOTAL $ AGREEMENT NO. C-1-3022 ATTACHMENT B Staffing Commitment: Agency Staff Position Type of Service to No. of Hourly Rate (Including Total Project Hours burden Sr. Civil City of Santa Ana Engineer Project Admin 50 $180.46/hour $ 9,023* Assistant Project Design / City of Santa Ana Engineer II Implementation 160.38 $149.91/hour $ 24,042.60* Assistant Traffic Project Design / City of Santa Ana O er Engineer Implementation 90 $142.76/hour $ 12,848.40* Engineering Project Design / City of Santa Ana Interns Implementation 200 $44.63/hour $ 8,926* Caltrans Engineering Project Admin 58 $100/hour $ 5,800* TOTAL $ 60,640* 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 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, and burden rate is expected to be included with the final submittal. Records will be subject to auditing. ------- ------------------------------------- Req.By: VENITA OCTA PROD Page: 2 Run on: 03/05/12 at: 15.31:35 Report: MSR23CA ***** PURCHASE REQUISITION REPRINT ***** version: 5.2.37.AA9 ------------------------------------------------------------------------------------------------------------------------------------ Date Bate Req.No Requester) By: 0000004302 Priority: Entered Required 011314 KAMERON ALTAR 08/16/11 08/31/11 Delivery Instruction: Suggested Supplier: Purchasing Question Purchasing Answer Budget Year FY 11/12 Encumbered No Grant Funded No Budget Xfer (FP&A USE ONLY) Purchasing Instructions:. Total Project Match: $98,064 In -kind match: $60,640 Cash match: $37,424 -------------------Default Costing Details------------------------------ MaterialRelated ---------Authorised----------- Group WIN Reg. By Bate value 0000004059 10/05/11 98066.00 Equipment Reference Project/Work Order Account Code % 0017SP001P576062 100.00 Pro f ormz / Lead Item Quantity UOM Est. Price Description/Mnemonic and Part Number Order No. Supplier Time Frt Dlv Act. Price 1 1.00 EA 98066.00 Execute Cooperative Agreement for Project P funding for I I I I I 1 0.00 Status: Not Ordered MacArthur/Talbert Project with the City ---------------------------------------------------- of Huntington Beach, City of Westminster City of Santa Ana, and Caltrans PM=Anup Kulkarni t- • • BOARD COMMITTEE TRANSMITTAL June 13, 2011 To: Members of the Board of Directors 04 From: Wendy Knowles, Clerk of the Board Subject: Comprehensive Transportation Funding Program - 2010 Regional Traffic Signal Synchronization Call for Projects Award Highways Committee Meeting of June 6, 2011 Present: Directors Bates, Cavecche, Crandall, Galloway, Glaab, Hansen, Herzog, and Nelson Absent: None Committee Vote This item was passed by the Members present. Director Glaab was not present to vote on this matter. Committee Recommendations A. Approve the programming recommendations for the 2010 Regional Traffic Signal Synchronization Program to fund 17 projects, in an amount totaling $7.8 million. B. Authorize the Chief Executive Officer, or his designee, to negotiate and execute all cooperative agreements required to implement the recommended projects. Orange County Transportation Authority 550 South Main Street / P. O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) • OCT+i4► ORANGE COUNTY TRANSPORTATION AUTHORITY Comprehensive Transportation Funding Program - 2010 Regional Traffic Signal Synchronization Call for Projects Award Staff Report KI June 6, 2011 To: Highways Committee r��_ From: Will Kempton, Chief Executive Officer Subject: Comprehensive Transportation Funding Program - 2010 Regional Traffic Signal Synchronization Call for Projects Award Overview The Orange County Transportation Authority has completed the first annual Measure M2 Regional Traffic Signal Synchronization Program call for projects. A priority list of projects recommended for $7.8 million of funding is presented for review and approval. Recommendations A. Approve the programming recommendations for the 2010 Regional Traffic Signal Synchronization Program to fund 17 projects, in an amount totaling $7.8 million. B. Authorize the Chief Executive Officer, or his designee, to negotiate and execute all cooperative agreements required to implement the recommended projects. Background The Regional Traffic Signal Synchronization Program (Project P) is the Measure M2 funding program the Orange County Transportation Authority (OCTA) uses to provide grant funding for multi -jurisdiction signal synchronization projects throughout Orange County. Programming guidelines were developed to provide local agencies with a common set of rules and evaluation criteria to implement multi -agency signal synchronization projects through a competitive process approved by the Board of Directors (Board). Orange County Transportation Authority 550 South Main Street/P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) • • Comprehensive Transportation Funding Program - 2010 Page 2 Regional Traffic Signal Synchronization Call for Projects Award On November 22, 2010, the Board approved the Project P funding guidelines. The Board also authorized staff to issue a call for projects (call) providing up to $10 million in funding available to local agencies. The stated goal was to use Project P funds for ten signal synchronization projects. Discussion Project P, in combination with matching funds, provides a significant funding source for multi -agency, corridor -based signal synchronization along Orange County streets and roads. Funding is provided for a three-year period that includes the implementation of signal synchronization, as well as a limited amount of funding for ongoing maintenance and monitoring to keep the investments in optimal condition. OCTA released the Project P call to all 34 cities and the County of Orange on January 12, 2011. On March 18, 2011, OCTA received a total of 17 applications involving 24 local agencies requesting approximately $7.8 million in Project P funding. Applications were reviewed for eligibility, consistency, and adherence to guidelines and program objectives consistent with the Board -approved guidelines. Staff reviewed all projects thoroughly to ensure that they met eligibility requirements for Project P. Based on this review, all 17 projects submitted for funding demonstrated the potential to provide signal synchronization benefits throughout Orange County. Projects were ranked based on the Project P funding guidelines. Staff recommends programming $7.8 million to fund all 17 projects. The details of projects are included in Attachment A. This will result in a program of projects that coordinates over 500 signals along approximately 140 miles of Orange County roadways (Attachment B). Overall investment, including local match, will total $10 million. All proposed projects will be implemented in fiscal year (FY) 2011-12 with the exception of Antonio Parkway, which will be implemented in FY 2012-13. As part of the call, applicants were allowed the option of designating OCTA as the implementing agency for proposed projects. Six projects included designation of OCTA as the implementing agency (Attachment A). OCTA will use the services of multiple traffic engineering firms to implement the six projects. Comprehensive Transportation Funding Program - 2010 Page 3 Regional Traffic Signal Synchronization Call for Projects Award Next Steps Each local agency must have a cooperative agreement with OCTA in order to receive Measure M2 funds. The projects, once approved by the Board, will be incorporated into the cooperative agreements to be executed between OCTA and the respective local agencies. Additional agreements for the six projects identified, with OCTA as the implementing agency, will also be executed. Moreover, OCTA will rely on external professional services to help deliver these six projects. This will be a new procurement and will be funded with a portion of the unused funding. Staff will continue to monitor status of project delivery through the semi-annual review process. Guideline revisions and the 2011 call will start in fall 2011. Staff will also be augmenting the 2011 call with any unused funding capacity from the 2010 cycle. Summary Proposed programming recommendations for Project P have been developed by staff. Funding for 17 projects totaling approximately $7.8 million in Measure M2 funds is proposed. Attachments A. Comprehensive Transportation Funding Program — 2010 Regional Traffic Signal Synchronization Call for Projects Award Recommendations B. Comprehensive Transportation Funding Program — 2010 Regional Traffic Signal Synchronization Call for Projects Award Recommendations Map Prepared by: e,J .i' Anup Kulkarni Section Manager, Regional Modeling (714) 560-5867 Approved by: J Kia Mortazavi Executive Director, Planning (714) 560-5741 ORANGE COUNTY TRANSPORTATION AUTHORITY Comprehensive Transportation Funding Program - 2010 Regional Traffic Signal Synchronization Call for Projects Award Attachment A Comprehensive Transportation Funding Program — 2010 Regional Traffic Signal Synchronization Call for projects Award Recommendations Local envy Project Description Fro;ert lntersettiorts — Project Miles Project P Request Pr ) ect Start Participating Ageniaes Ie;Tplamentint{ Agency Project Pf 5cor e Anaheim Lincoln Avenuc Corridor 47 116 $777,910 FY 2011-12 3 Applicant Rena Park Valley View Corridor 14 3.0 $280,000 FY 2011-12 2 Ap licanY 48 Costa Mesa Fairview Road Corador 31 8.3 $620,1]bl _ FY 2fi11.12 u� 3 Applicant 68 I County Antonio Parkway Cnrridor� 13 5,6 $108,864 FY 2012-13 2 Applicant 55�� _ Fountain V a Iley LVarner Avenue CorrldRr 43 _ 13.3 5621,848 FY 2011-12 S OCTA 77 Fullerton Bastanchury Road CorrldGf 2.7 83 $539,936 EY 2011-12 3 Applicant 68 Fullerton Euclid Street Corridor 66 16.8 51,ODO OW FY 2011.12 7 Applicant 74 Huntington Beath Goldenwest Street Corridor 32 7-5 $380,800 FY Z411-12 3 OC7A Be Irvine Jamboree Read Corridor 27 8,2 $230,608 FY 2011-12 4 A licant 79 I �s La Habra Lambert Road Corridor 26 _ IDA 5520,000 FY 2011.12 3 Applicant 68 %Missiorn Vie o Crown Valley Parkway Corridor 30 9.3 $367,200 FY 2011.12 5 OCTA 81 Mist ion Viejo roar uerite Parkway Corridor 31 _ 9-0 $323,056 FY 2011.12 3 OCTA 75 San Clemente Avenida Pico Corridor 21 3-7 $416,453 PY 2011-12 2 AHcant 63 San Clemente E€ Camino Real Corridor 18 4.4 $359,998 FY 241i-12 2 Applicant 63 San Juan Caplstrano Gel phis a Corridor 15 3.5 { $138,8w FY 2011.12 2 Applicant 41 Santa Arta MaCArthtir Boulevard/Talbert Corridor 26 7,4 $392,256 i FY 2011.12 4 OCiA _61 Santa Ana Tustin Avenue/Rose Corridor 43 k0.0 $683,200 FY 2011-12 6 OCTA 70 510 14LO 57,8DO,❑0O • • A i M Z ORANGE COUNTY TRANSPORTATION AUTHORITY Comprehensive Transportation Funding Program - 2010 Regional Traffic Signal Synchronization Call for Projects Award Attachment B _ ATTACHMENT B ,,..g. �..a.�m. � . .. x>� . \ \<y o 7 . » w . + � a \ a<m , Pmosaacopyrighted wa ,m_+oducewith w_r Council/Agency Meeting Held: IU/y /11 Deferred/Continued to: *AppAveo ❑ Conditionally Approved ❑ Denied 64.itp C erk Council Meeting Date: December 19, 2011 DepartmetiID Number: PW 11-068 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize the Mayor and City Clerk to execute Cooperative Agreements with the Orange County Transportation Authority for Traffic Signal Synchronization Projects Statement of Issue: The Orange County Transportation Authority (OCTA) has submitted three Cooperative Agreements to the City of Huntington Beach. These agreements clarify the roles and responsibilities of the Orange County Transportation Authority and the City with respect to execution and delivery of transportation projects funded by the Comprehensive Transportation Funding Program (CTFP), Regional Traffic Signal Synchronization Program. Financial Impact: Funds in the amount of $317,330 are appropriated for engineering and signal timing implementation along Goldenwest Street with $236,335 from fiscal year 2011/2012 Regional Traffic Signal Synchronization Program funds from OCTA's CTFP (87390007.69300) and the City's local match of $80,995 from Air Quality Management District (AQMD) funds (20185201.82700). Funds in the amount of $29,320 are appropriated for engineering and signal timing implementation along Talbert Avenue with $22,256 from fiscal year 2011/2012 Regional Traffic Signal Synchronization Program funds from OCTA's CTFP (87390008.69300) and the City's Local match of $7,064 from Air Quality Management District (AQMD) funds (20185201.82700). Funds in the amount of $317,330 are appropriated for engineering and signal timing implementation along Warner Avenue with $248,085 from fiscal year 2011/2012 Regional Traffic Signal Synchronization Program funds from OCTA's CTFP (87390010.69300) and the City's local match of $94,974 from Air Quality Management District (AQMD) funds (20185201.82700). The budgeted local funds include contingencies and supplemental in addition to the required matching funds. Recommended Action: Motion to: A) Approve and authorize the Mayor and City Clerk to execute Cooperative Agreement No. 'l C-1-3021 approving participation by the City of Huntington Beach in the Regional Traffic Signal Synchronization project along Goldenwest Street; and, __... _..._.._... B) Approve and authorize the Mayor and City Clerk to execute Cooperative Agreement No. C-1-3022 approving participation by the City of Huntington Beach in the Regional Traffic Signal Synchronization project along Talbert Avenue; and, HB -387- Item 18. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 12/19/2011 DEPARTMENT ID NUMBER: PW 11-068 C) Approve and authorize the Mayor and City Clerk to execute Cooperative Agreement No. C-1-3023 approving participation by the City of Huntington Beach in the Regional Traffic Signal Synchronization project along Warner Avenue. Alternative Action(s): Deny approval of some or all of the projects listed and forego eligibility to receive grant funds through the CTFP. Analysis: On January 12, 2011, the Orange County Transportation Authority (OCTA) announced a call for projects for the Comprehensive Transportation Funding Programs (CTFP), Regional Traffic Signal Synchronization Program. These programs provide for interjurisdictional traffic signal coordination and equipment improvements and are regional and competitive. The following three projects were approved for funding by OCTA: 1. Goldenwest Street from State Route 22 to Pacific Coast Highway (in conjunction with the City of Westminster and Caltrans) 2. Warner Avenue from Pacific Coast Highway to Red Hill Avenue (in conjunction with the City of Fountain Valley, the City of Santa Ana, the City of Tustin and Caltrans) 3. Talbert Avenue/MacArthur Boulevard from Beach Boulevard to State Route 55 (in conjunction with the City of Fountain Valley, the City of Santa Ana and Caltrans) The grant amounts and the corresponding local matching funds are summarized below: Local Project Match Project OCTA (City of Cost Grant Huntington Beach only) 1 Goldenwest Street $476,000 $380,800 $59,084 Warner Avenue (Submitted by the City of Fountain 2 Valley in conjunction with Caltrans and the Cities of $777,310 $621,848 $64,458 Tustin, Santa Ana and Huntington Beach Talbert Avenue/MacArthur Boulevard (Submitted by 3 the City of Santa Ana in conjunction with Caltrans $490,320 $392,256 $5,564 and the Cites of Fountain Valley and Huntington Beach) The local matching funds which will be contributed by the other agencies are not included in the above figures. 1. Goldenwest Street Traffic Signal Synchronization Project — The project will provide operational and infrastructure improvements at 32 intersections along Goldenwest Street from State Route 22 to Pacific Coast Highway. The project will be managed by OCTA with participation by the City of Huntington Beach, the City of Westminster and Item 18. - 2 HB -388- REQUEST FOR COUNCIL ACTION MEETING DATE: 12/19/2011 DEPARTMENT ID NUMBER: PW 11-068 the State of California Department of Transportation. As a first stage, equipment upgrades will be installed in order to improve the operation and communications along the network, including the installation of approximately three miles of fiber optic cable within the City of Huntington Beach. The improvement is 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 and will set the framework for future closed circuit television cameras and communication with the adjacent jurisdictions. 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. 2. Warner Avenue Traffic Signal Synchronization Project — The project will provide operational and infrastructure improvements at 43 intersections along Warner Avenue from Pacific Coast Highway to Red Hill Avenue. The project will be managed by OCTA with participation by the City of Huntington Beach, the City of Fountain Valley, the City of Santa Ana, the City of Tustin and the State of California Department of Transportation. As a first stage, equipment upgrades will be installed in order to improve the operation and communications along the network, including the installation of approximately three and one-half miles of fiber optic cable within the City of Huntington Beach. The improvement is 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 and will set the framework for future closed circuit television cameras and communication with the adjacent jurisdictions. 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. 3. Talbert Avenue/MacArthur Boulevard Traffic Signal Synchronization Project- The project will provide operational and infrastructure improvements at 26 intersections along Talbert Avenue/MacArthur Boulevard from Beach Boulevard to State Route 55. The City of Santa Ana will be the lead agency on this project with participation by the City of Huntington Beach, the City of Fountain Valley and the State of California Department of Transportation. As a first stage, equipment upgrades will be installed in order to improve the operation and communications along the network, including the installation of new traffic signal communication radios within the City of Huntington Beach. The improvement is 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: These projects were included in the Capital Improvement Program for Fiscal Year 2011/2012 which was recommended by the Public. Works Commission on June 15, 2011, by a vote of 7-0. Environmental Status: Any environmental analysis will be processed by OCTA. Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment HB -389- Item 18. - 3 REQUEST FOR COUNCIL ACTION MEETING DATE: 12/19/2011 DEPARTMENT ID NUMBER: PW 11-068 Attachment(s): Item 18. - 4 HB -390- ATTACHMENT #1 8 NOT TO SCALE ® TRAFFIC SIGNAL SYNCHRONIZATION PROJECT CORRIDOR ATTACHMENT O� Aa A ® PROJECT LOCATION MAP '� 0 0 ATTACHMENT #3 0 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 COOPERATIVE AGREEMENT NO. C-1-3022 BY AND BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITIES FOUNTAIN VALLEY, HUNTINGTON BEACH, SANTA ANA AND THE STATE OF CALIFORNIA FOR IMPLEMENTATION OF THE MACARTHUR BOULEVARD / TALBERT AVENUE FUNDED AS PART OF THE MEASURE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P) THIS AGREEMENT, is effective this _ day of , 2011 by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863- 1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"), and the Cities of Fountain Valley, Huntington Beach, Santa Ana, and the State of California (hereinafter referred to as the "PARTICIPATING AGENCIES"). WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES are working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program Project P (Project P) to enhance countywide traffic flow and reduce congestion; and WHEREAS, AUTHORITY has completed the competitive 2010 Call for Projects (hereinafter, "2010 CALL") in support of Project P and awarded Project P funds based on the application (hereinafter, "APPLICATION") prepared by the City of Santa Ana (hereinafter referred to as the "APPLICANT AGENCY") for implementation of signal synchronization of traffic signals along MacArthur Boulevard /Talbert Avenue Corridor (hereinafter, "PROJECT'); and WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected 9 • COOPERATIVE AGREEMENT C-1-3022 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 to designate the AUTHORITY and AUTHORITY agrees to act as the implementing agency to carry out the signal coordination PROJECT; and WHEREAS, the PROJECT will include approximately twenty-six (26) traffic signals as identified in the APPLICATION and illustrated in the PROJECT Scope of Work, which is attached and referred to herein as Attachment A; and WHEREAS, the PROJECT will include elements identified in the APPLICATION including certain hardware and software upgrades to traffic controllers, traffic telecommunications and intertie systems, central traffic master controllers and associated systems (hereinafter collectively referred to as "TRAFFIC CONTROL ELEMENTS"), will be constructed and/or installed and implemented as part of the PROJECT as identified in Attachment A; and WHEREAS, AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate the inclusion of other traffic control elements that must be installed at the same time as the construction of the PROJECT that are NOT included in Attachment A and will be the responsibility of the AGENCY owning each and any of those traffic control elements during the course of the project; and WHEREAS AUTHORITY agrees to implement the PROJECT based on Attachment A and with a combined cash and in -kind match of ninety-eight thousand, sixty-four Dollars ($98,064.00), equivalent to twenty percent (20%) of the PROJECT cost (see Attachment B); and WHEREAS, AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this Agreement to implement the PROJECT in support of Project P as part of M2; and WHEREAS, this Cooperative Agreement defines the specific terms, conditions and funding responsibilities between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation of the PROJECT. WHEREAS, the Orange County Transportation Authority Board of Directors approved funding for the PROJECT and authorized the Chief Executive Officer to negotiate and execute this cooperative agreement on June 13, 2011 Page 2 of 14 0 0 COOPERATIVE AGREEMENT C-1-3022 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the CITY of Fountain Valley's City Council approved this Agreement on the day of , 20 WHEREAS, the CITY of Huntington Beach's City Council approved this Agreement on the 1� day of ���7rJ,C� 20�. WHEREAS, the CITY of Santa Ana's City Council approved this Agreement on the day of , 20 WHEREAS, the State of California Department of Transportation's Deputy District Director of Operations approved this Agreement on the day of 20 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the PARTICIPATING AGENCIES as follows: ARTICLE 1. COMPLETE AGREEMENT A. This Agreement constitutes the complete and exclusive statement of the terms and conditions of the Agreement between AUTHORITY and the PARTICIPATING AGENCIES concerning the PROJECT roles and responsibilities and required PROJECT match and supersedes all prior representations, understandings and communications between the parties. The above -referenced Recitals are true and correct and are incorporated by reference herein. B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and AGENCY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. C. PARTICIPATING AGENCIES's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of PARTICIPATING AGENCY's right to such performance or to future performance of Page 3 of 14 COOPERATIVE AGREEMENT C-1-3022 1 such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force 2 and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING 3 AGENCIES except when specifically confirmed in writing by an authorized representative of 4 PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in 5 accordance with the provisions of this Agreement. 6 ARTICLE 2. SCOPE OF AGREEMENT 7 This Agreement specifies the roles and responsibilities of the PARTIES as they pertain to the 8 subjects and projects addressed herein. Both AUTHORITY and PARTICIPATING AGENCIES agree 9 that each will cooperate and coordinate with the other in all activities covered by this Agreement and 10 any other supplemental agreements that may be required to facilitate purposes thereof. 11 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY 12 AUTHORITY agrees to the following responsibilities for funding of the PROJECT: 13 A. AUTHORITY shall implement the PROJECT based on the APPLICATION prepared by 14 the APPLICANT AGENCY in accordance with the policies and procedures contained in the CTFP 15 Guidelines. 16 B. AUTHORITY shall provide oversight in order to maintain inter -jurisdictional traffic signal 17 operational integrity between PROJECT and other existing and new M2 Project P funded projects. 18 C. AUTHORITY shall perform web -based public outreach activities for the project to 19 communicate major project milestones and results. 20 D. AUTHORITY shall provide formats, templates, and guidance in reporting requirements 21 as described in CTFP. 22 E. AUTHORITY, or agents of AUTHORITY, may upon close-out of PROJECT under this 23 Agreement, perform an audit and or technical review to ensure that the CTFP Guidelines policies and 24 procedures were followed. Such an audit shall be performed within one hundred and eighty (180) days 25 after the PROJECT three-year grant period is complete. If the audit or technical review determines that 26 any of the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must Page 4 of 14 0 • COOPERATIVE AGREEMENT C-1-3022 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 return the amount of funding used to perform the ineligible activity to AUTHORITY. F. AUTHORITY will invoice the PARTICIPATING AGENCIES as identified in the PROJECT 2010 CALL APPLICATION and Attachment B for the dollar match at the start of the PROJECT. G. AUTHORITY will request updates on the PROJECT as part of semi-annual review process, including documentation of in -kind match conforming to Attachment B and will include the PROJECT in the list of active projects in OCFundtracker until completion of the three year grant period. Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders. ARTICLE 4. RESPONSIBILITES OF THE AUTHORITY AS PROJECT LEAD AGENCY The AUTHORITY as the LEAD AGENCY agrees to the following responsibilities for the implementation of the PROJECT: A. AUTHORITY will act as the LEAD AGENCY for the work necessary to manage, procure, and complete the PROJECT as identified in Attachment A, which is attached to and, by this reference, incorporated in and made a part of this agreement. B. To coordinate outreach with the PARTICIPATING AGENCIES for the PROJECT. C. To collect manual intersection movement and automated machine traffic counts. D. To develop new timing plans optimized for signal synchronization. E. To provide updated timing plans and traffic count data to the PARTICIPATING AGENCIES. F. To prepare a "Before and After Study" for the PROJECT. As described in the Measure M2 Eligibility Guidelines adopted by the AUTHORITY, the "Before and After Study" for the project is considered the equivalent of the required Project Final Report (Measure M2 Ordinance No. 3, Section B.111.9) for the project. The AUTHORITY shall provide the "Before and After Study" to the PARTICIPATING AGENCIES in draft and final formats for comment and comments shall be noted in the final study. Page 5 of 14 COOPERATIVE AGREEMENT C-1-3022 1 G. To provide Ongoing Maintenance and Operation of optimized signal timing after Primary 2 Implementation of the PROJECT is completed and continue until the end of the three year grant period. 3 ARTICLE 5. RESPONIBILITES OF THE PARTICIPATING AGENCIES 4 The PARTICIPATING AGENCIES agree to the following responsibilities for implementation 5 and funding of the 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 the 9 project. 10 C. To participate and support the PROJECT implementation within the timeframe 11 outlined in the APPLICATION and consistent with the CTFP Guidelines adopted by the 12 AUTHORITY. 13 D. To provide the AUTHORITY all current intersection, local field master, and/or central 14 control system timing plans and related data upon request. 15 E. To provide the local match and/or documentation for the in -kind services for the 16 project in accordance with Attachment B. Failure to provide included match and/or evidence of in- 17 kind service may result in the loss of future participation for competitive funds. 18 F. PARTICIPATING AGENCIES that have included a dollar match as identified in 19 Attachment B shall provide payment for the dollar match to the AUTHORITY within 30 calendar days of 20 receipt of an invoice. 21 G. PARTICIPATING AGENCIES that have included an in -kind match as identified in 22 Attachment B shall provide documentation of conformance as part of the semi-annual review process. 23 H. PARTICIPATING AGENCIES shall provide updates to the AUTHORITY on the 24 PROJECT as part of semi-annual review process until completion of the three year PROJECT grant 25 period. Documents to be provided include, but are not limited to, payroll records, contracts, and 26 purchase orders. Page 6 of 14 r� LJ • COOPERATIVE AGREEMENT C-1-3022 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 I. PARTICIPATING AGENCIES shall continue Ongoing Maintenance and Operation after the three year grant period is complete and continue until the end of the PROJECT if specified as part of the Attachment A Maintenance of Effort section. ARTICLE 6. DELEGATED AUTHORITY The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this Agreement are delegated to its City Managers, or equivalent designee, and the actions required to be taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief Executive Officer. ARTICLE 7. AUDIT AND INSPECTION AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a period of four (4) years after final payment, or until any on -going audit is completed. For purposes of audit, the date of completion of this Agreement shall be the date of AUTHORITY's payment of PARTICIPATING AGENCIES' final billing (so noted on the invoice), if applicable, under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in contracts with PARTICIPATING AGENCIES' contractor. ARTICLE 8. INDEMNIFICATION A. The PARTICIPATING AGENCIES shall jointly and severally indemnify, defend and hold harmless the AUTHORITY, it's officers, directors, employees and agents from and against any and all claims (including attorney's fees and reasonable expenses for litigation and settlement) for any loss or damages, bodily injuries, damage to, or loss of property caused by the negligent acts, omissions or willful misconduct by the PARTICIPATING AGENCIES, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. Page 7 of 14 • 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 COOPERATIVE AGREEMENT C-1-3022 B. The PARTICIPATING AGENCIES shall maintain adequate levels of insurance, or self- insurance to assure full indemnification of AUTHORITY. C. AUTHORITY shall indemnify, defend and hold harmless the PARTICIPATING AGENCIES, its officers, directors, employees or agents, and/or its officers, directors, employees or agents from and against any and all claims (including attorney's fees and reasonable expenses for litigation and settlement) for any loss or damages, bodily injuries, damage to, or loss of property caused by the negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. D. AUTHORITY shall maintain adequate levels of insurance, or self-insurance to assure full indemnification of the PARTICIPATING AGENCIES. ARTICLE 9. ADDITIONAL PROVISIONS A. Term of Agreement: This Agreement shall continue in full force and effect until September 30, 2014. This Agreement may be extended at the mutual consent of both parties. B. This Agreement may be extended or amended in writing at any time by the mutual consent of both parties. No amendment shall have any force or effect unless executed in writing by both parties. C. The AUTHORITY and the PARTICIPATING AGENCIES agree to work together in good faith, using reasonable efforts to resolve any unforeseen issues and disputes arising out of the performance of this Agreement. D. Legal Authority: The AUTHORITY and the PARTICIPATING AGENCIES hereto represent that they are authorized to execute this Agreement on behalf of said parties and that, by so executing this agreement, the parties hereto are formally bound to the provisions of this Agreement. E. Severability: If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Page 8 of 14 • COOPERATIVE AGREEMENT C-1-3022 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 F. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be permitted. G. In the event that the PROJECT Costs exceed the estimates as submitted in the APPLICATION as prepared by the APPLICANT AGENCY, all parties agree to meet and determine PROJECT revisions to meet the budget or a revised funding proposal by PARTICIPATING AGENCIES which shall be documented and submitted in writing as a revision to the agreement. H. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal, state and local laws, statutes, ordinances and regulations of any governmental authority having jurisdiction over the PROJECT. I. Force Maieure: Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. J. Assignment: Neither this Agreement, nor any of the Parties rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. K. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the terms, in amounts, or for purposes other than as authorized by local, state or federal law. Page 9 of 14 0 • COOPERATIVE AGREEMENT C-1-3022 i■ 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 L. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement. M. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing party. N. Notices: Any notices, requests, or demands made between the parties pursuant to this Agreement are to be directed as follows: To CITY OF FOUNTAIN VALLEY: To AUTHORITY: City of Fountain Valley Orange County Transportation Authority 10200 Slater Avenue Fountain Valley, CA 92708 550 South Main Street P. O. Box 14184 Orange, CA 92863-1584 Attention: Temo Galvez Senior Civil Engineer Attention: Venita Todd Senior Contracts Administrator Tel: 714/593-4517 Tel: 714/560-5446 email: temo.galvez(d�fountainvalley.org email: vtodd(a�octa.net Page 10 of 14 E 0 COOPERATIVE AGREEMENT C-1-3022 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 / To CITY OF SANTA ANA: To CITY OF HUNTINGTON BEACH: City of Santa Ana City of Huntington Beach Public Works Agency 20 Civic Center, M-43 Santa Ana, CA 92701 2000 Main Street Huntington Beach, CA 92648 Attention: Vinh Nguyen Senior Civil Engineer Attention: William Janusz Principal Civil Engineer Tel: 714/647-5612 Tel: 714/374-1628 email: vn u en santa-ana.or email: wianusz surfcit -hb.or To STATE OF CALIFORNIA: State of California 6681 Marine Way Irvine, CA 92618 Attention: Fedrico Hormozi Senior Electrical Engineer Tel: 949/936-3464 email: fedrico hormoziadot.ca.gov Page 11 of 14 Li • COOPERATIVE AGREEMENT C-1-3022 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 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-1-3022 to be executed on the date first above written. CITY OF FOUNTAIN VALLEY Steve Nagel Mayor ATTEST: By: Kathy Bailor City Clerk APPROVED AS TO FORM: By: Alan Burns City Attorney Dated: ORANGE COUNTY TRANSPORTATION AUTHORITY Will Kempton Chief Executive Officer APPROVED AS TO FORM: By: Kennard R. Smart, Jr. General Counsel APPROVAL RECOMMENDED: By: Kia Mortazavi Executive Director, Planning Dated: Page 12 of 14 • 0 COOPERATIVE AGREEMENT C-1-3022 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-1-3022 to be executed on the date first above written. 16 / 17 18 19 20 21 22 23 24 25 / 26 / CITY HUNTINGTON BEACH By: Donald F. Hanse Mayor APPROVED AS TO FORM: By: P"'� ~ k---"ennifer McGrath City Attorney Dated: /Y Page 13 of 14 s w COOPERATIVE AGREEMENT C-1-3022 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 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-1-3022 to be executed on the date first above written. CITY SANTA ANA By: Miguel Pulido Mayor ATTEST: By: Maria D. Huizar City Clerk APPROVED AS TO FORM: By: Joe Straka City Attorney Dated: Page 14 of 14 0 0 AGREEMENT C-1-3022 MacArthur Boulevard/Talbert Avenue ATTACHMENT A Project P Corridor Scope of Work MacArthur Boulevard/Talbert Avenue INTRODUCTION The Renewed Measure M (M2), Project P - Regional Traffic Signal Synchronization Program (RTSSP) is a multi -agency, corridor -based approach that optimizes traffic signal timing based on analysis of metrics obtained from existing traffic patterns. This approach acknowledges local agency responsibility and control of signal timing and coordinates with project agencies to develop acceptable synchronization timing. The PARTICPATING AGENCIES/AGENCY (AGENCIES) along the MacArthur Boulevard/Talbert Avenue corridor (PROJECT) have requested, as detailed in the approved application, that the Orange County Transportation Authority (AUTHORITY) be designated as the LEAD AGENCY. AUTHORITY will administer the work with the assistance of consulting or contractor services to provide project management, traffic signal timing optimization, and implementation of approved equipment upgrades as submitted in the application for PROJECT. This scope requires the active assistance by all corridor AGENCIES throughout the process even without special reference to their participation. PROJECT TRAFFIC SIGNAL SYNCHRONIZATION — PRIMARY IMPLEMENTATION The following is an outline of the scope of services for PROJECT Primary Implementation that is associated with developing and implementing optimal PROJECT time -of day traffic signal coordination plans: 1) Proiect Administration AUTHORITY shall provide general project administration, environmental processing, and quality control. PARTICIPATING AGENCIES shall provide support project management services for the project intersections located within their jurisdiction and assist in maintaining PROJECT schedule. a) Data Collection The AUTHORITY will assemble with the assistance of PARTICIPATING AGENCIES the necessary data to understand the existing traffic conditions for the PROJECT and its respective traffic signal operations. This shall include, at minimum, the following: • All data, documents, plans, photos, etc. related to each Project intersection within the past two years 0 AGREEMENT C-1-3022 MacArthur Boulevard/Talbert Avenue ATTACHMENT A • Local agency timing preferences or policies for all modes of travel and special intersection treatments • Manual and Machine Traffic counts for highway links and intersections for weekday and weekend time periods for all modes of travel. Special 72-hour video counts will be conducted at up to eight (8) intersections along the corridor with established special modal use. b) Field Reviews AUTHORITY shall conduct PROJECT field reviews to verify collected data including geometric layout, inventory of existing traffic signal control and communications, and any and all factors that impact or affect signal progressions. AUTHORITY in coordination with the PARTICIPATING AGENCIES shall identify mitigations for the existing traffic signal control equipment or geometric layouts to determine recommended PROJECT related improvements 2) Signal Synchronization Timing The AUTHORITY shall develop a signal synchronization model using Synchro and Sim Traffic 8.0 and Tru — Traffic 9.0 to verify the operation of existing timing and then produce and evaluate potential timing changes that would improve or refine the corridor traffic flows through improved optimized signal operations. The PARTICIPATING AGENCIES shall be involved in the review and validation of the recommended signal timing. The OCTA Corridor Synchronization Performance Index (CSPI) combines Average Speed, Stops per Mile, and Greens per Red (number of intersections successfully traversed on a Green Light vs. Stopped by a Red Light) into a composite index. The CSPI shall be the defined metric in this evaluation The AUTHORITY shall utilize the approved Optimized Signal Timing and implement the timing into the central and field controller systems and provide Fine Tuning services. The After Study Travel Time Runs Shall be performed and the Before to After comparison CSPI shall then be determined 3) Before and After Studies and Reports AUTHORITY shall conduct real-time floating car "runs" in each direction during the planned (Before) and implemented (After) time periods of PROJECT traffic signal synchronization. Summary reports shall be prepared by AUTHORITY in coordination with the • • AGREEMENT C-1-3022 MacArthur Boulevard/Talbert Avenue ATTACHMENTA PARTICIPATING AGENCIES to indentify improvements in metrics from the Before to After conditions. The Before and After Study shall constitute the PROJECT Final Report. Additionally, this report shall document improvements accomplished and recommend procedures for continuing maintenance, surveillance, and evaluation of the coordinated signal system. 4. Engineering Design, Review, and Procurement/Construction —Support Infrastructure Each AGENCY shall provide sufficient staffing to provide Engineering Design Review of Consultant provided design documentation. If design documentation is provided by the AGENCY for PROJECT, the Engineering Design Review requirement shall be satisfied. Purchase and construction/installation of the requested traffic signal infrastructure and upgrades, software, licenses, or other components as approved in the application shall be by the AUTHORITY in the name of and for the end user AGENCY. The AUTHORITY shall work with the PARTICIPATING AGENCIES to coordinate design, identification of applicable standards/specifications, purchasing and/or installation of the required improvements. Design and other technical support to implement the upgrades shall be subject to the designated cost estimate. The budget for these improvements is fixed to the approved budget and will be subject to revised scope or additional contributions. The highest priority improvements shall be those that are required to optimize signal timing. The AGENCY shall waive all fees for permits and inspections and shall provide sufficient professional staffing to provide construction support and inspection services to PROJECT. PROJECT TRAFFIC SIGNAL SYNCHRONIZATION — ON GOING MAINTENANCE AND MONITORING The following is a summary of the on -going maintenance and monitoring for PROJECT: 1) Continued Signal Timing Support From the date of completion and acceptance of the signal timing implementation by the AGENCIES, the AUTHORITY shall provide regularly scheduled monthly signal timing support to monitor, observe, fine-tune and optimize the signal timing and phasing operation, PROJECT wide. The AUTHORITY shall provide a reporting mechanism to the AGENCIES documenting any changes made or recommended including maintenance issues regarding systems components directly related to the Systems 0 AGREEMENT C-1-3022 MacArthur Boulevard/Talbert Avenue ATTACHMENT A infrastructure installed or constructed through PROJECT. This Continued Signal Timing Support period will end after two years (24 months) or no longer than the PROJECT grant period. 2) Two Year Communication and Detection Support Authority shall provide regular monthly scheduled communication and detection support to ensure necessary conditions for signal synchronization. This will primarily focus on the monitoring and reporting of communications and detection issues. As issues are identified, they will be reported to the local agencies and potential repairs will be identified with local agencies' consultation. 0 \J AGREEMENT C-1-3022 PROJECT P - MACARTHUR BLVD./TALBERT AVE. - WORK BY LOCATION ATTACHMENT A MacArthur Boulevard / Talbert Avenue - Work by Location A r►cy . ...... ........r Blvd:rf�lbeit i�ve �Ot:At:!0ln Nolte #: �escrip.1 o66 df Wb1 k: �'M�� t+ci.04 Ca trans SR-55 NB Ramps 1 58 12070 cu, com6A, gps Caltrans SR-55 SB Ramps 2 228 2070 cu, com6A, gps Santa Ana MacArthur Place 3 2570 Santa Ana Main Street 4 2569 es-F, ee-TP, BT Santa Ana Birch Street 5 2949 Santa Ana Flower Street 6 2568 Santa Ana Towner 7 2469 Santa Ana Bristol Street 8 2567 es, ee-TP, VD, BT, E I/C, media CAT-5, W, VS Santa Ana Plaza Drive 9 2473 ee-TP Santa Ana Bear Street 10 2565 es-F, W, E I/C F24 Santa Ana Raitt Street 11 2625 es-F, W, N I/C F24 Santa Ana Greenville Street 12 2468 es-F, N I/C F24 Santa Ana Fairview Street 13 2566 es-F, VD, BT, E I/C F24, media CAT-5, VS Santa Ana Susan Street 14 2564 Santa Ana Home Depot 15 2467 Santa Ana Harbor Boulevard 16 2562 es, ee, VD, BT, E I/C, W, VS, media CAT-5 Santa Ana Hyland Avenue 17 2563 W Fountain Valley Newhope Street 18 7096 Fountain Valley Euclid Street 19 7063 Fountain Valley Ward Street 20 7064 N I/C F24 Fountain Valley Brookhurst Street 21 7062 N I/C F24 Fountain Valley Cashew Street / Foster Street 22 7059 Fountain Valley Bushard Street 23 7061 Fountain Valley Magnolia Street 24 7065 Huntington Beachl Newland Street 25 3883 WR (master location) Huntington Beach Wal-Mart Shoppin Center 26 3984 WR (slave location) cu = controller unit; ca = controller assembly includes cu + all necessary equipment and appurtenances + es; ce = cabinet equipment; es = ethernet switch; FS = Fiber Switch; ee = ethernet extender; gps = gps interface and antennae installed; 2070 = 2070 Com## - 2070 Communication Module, 170E - Field Master; CM = Modem - Communication Module; C = CenTracs; TAC = TACTICS; ASCL = ACS Lite A = Aries; Existing or New I/C = Interconnect Conduit with media; media - F = Fiber Optic, TP = ## pair Twisted; VD = Video Detection; WD - Wireless Detection SD - System Detection; VS = Video Surveillance System; W = WiFi; WR = Wireless Radio; BT- Bluetooth; L = Loop Detector; EVP = Emergency veh. pre-empt; T ## = Type II or III Electrical Service; a # following item codes = quantity (i.e. L42 = install 42 loop detectors); * = shared ownership; ** following task code = NOT A PART, agency pays 100% for that task only; m - cu = modify existing controller. New controller may be substituted if functionally equivalent. CONSULTANT is cautioned to verify interconnect components in field. All equipment is furnished and installed and/or modify existing installation with 1 year guaranty on labor and material. Firmware and Software Upgrades for installed specified systems are included in the installed price for a period of 3 years. Excludes new software for new features not originally installed nor specified to be installed and included. Removal of existing equipment and appurtenances is included in the furnish and install or modify existing installation price. PS & E may be available at no cost to the Consultant from Project Agencies. AGREEMENT C-1-3022 PROJECT P - MACARTHUR BLVD.ITALBERT AVE. - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Santa Ana Instructions: Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, YIDS, etc, that are not part of the intersection listing on the Main Data Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish. Priority Description Comments 1 Provide ethernet extenders for IP over Copper at MacArthur/Birch 2 Provide ethernet extenders for IP over Copper at MacArthur/Flower 3 Provide ethernet extenders for IP over Copper at MacArthur/Towner 4 Replace existing traffic cabinet with new Type 332 Traffic Signal Cabinet at MacArthur/Main 5 Replace existing traffic cabinet with new Type 332 Traffic Signal Cabinet at MacArthur/Flower AGREEMENT C-1-3022 0 0 PROJECT P - MACARTHUR BLVD./TALBERT AVE. - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Fountain Valley Instructions: Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, YIDS, etc. that are not part of the intersection listing on the Main Data Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish. Priority Description Comments 1 CCTV location: TBD i • AGREEMENT C-1-3022 PROJECT P - MACARTHUR BLVD./TALBERT AVE. - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Huntington Beach Instructions: Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, VIDS, etc. that are not part of the intersection listing on the Main Data Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish. Priority Description Comments 1 Wireless Radio at City Hall (5.8 GHz) AGREEMENT C-1-3022 PROJECT P - MACARTHUR BLVD./TALBERT AVE. - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Caltrans Instructions: Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, YIDS, etc. that are not part of the intersection listing on the Main Data Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish. Priority Description Comments 1 Controller 170E 2 Model 400 communication modem 0 0 Local Match Commitment AGREEMENT NO. C-1-3022 ATTACHMENT B Details of Matching Funds: (must be consistent with PROJECT APPLICATION): Provide details in tables Direct Dollar Match Total Dollar Match for the Project - $ 37,424 In Lieu Funding: Total In Lieu Funding for the Project: $ 60,640 Total Match for Project $ 98,064 Direct Dollar Match - Agency Funding Source Amount of Direct Contribution City of Fountain Valley $ 31,860 City of Huntington Beach $ 5,564 TOTAL $ 37,424 In Lieu/Soft Match of Improvements or Staffing Support Specific Improvements and Services (List items and Cost) Agency Improvement Date of Construction Expenditure TOTAL $ 0 Staffing Commitment: AGREEMENT NO. C-1-3022 ATTACHMENT B Agency Staff Position Type of Service to No. of Hourly Rate (Including Total Project Hours burden Sr. Civil City of Santa Ana Engineer Project Admin 50 $180.46/hour $ 9,023* Assistant Project Design / City of Santa Ana Engineer II Implementation 160.38 $149.91/hour $ 24,042.60* Assistant Traffic Project Design / City of Santa Ana Oper Engineer Implementation 90 $142.76/hour $ 12,848.40* Engineering Project Design / City of Santa Ana Interns Implementation 200 $44.63/hour $ 8,926* Caltrans Engineering Project Admin 58 $100/hour $ 5,800* TOTAL $ 60,640* *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 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, and burden rate is expected to be included with the final submittal. Records will be subject to auditing.