HomeMy WebLinkAboutOrange County Transportation Authority (OCTA) - 2020-09-08 (14) } AMR,')vEb -7-o
City of Huntington Beach
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File #: 20-1757 MEETING DATE: 9/8/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Sean Crumby, PE, Director of Public Works
Subject:
Approve and authorize execution of a Cooperative Agreement with the Orange County
Transportation Authority (OCTA) and the Cities of Fountain Valley and Santa Ana for a traffic
signal synchronization project along Talbert Avenue/MacArthur Boulevard
Statement of Issue:
The Orange County Transportation Authority (OCTA) has submitted a Cooperative Agreement to the
City of Huntington Beach for a traffic signal synchronization project along Talbert Avenue/MacArthur
Boulevard. This agreement clarifies the roles and responsibilities of the OCTA and the cities with
respect to execution and delivery of this project funded by the OCTA Comprehensive Transportation
Funding program (CTFP), Regional Traffic Signal Synchronization Program, and the State of
California Solutions for Congested Corridors Program (SCCP) as authorized by Senate Bill 1 in 2017.
Financial Impact:
The total project cost is $3,689,000. A total of $59,000 is expected to be spent on improvements in
Huntington Beach. Funds in the amount of $4,000 are available in the Air Quality Management
District (AQMD) fund (Account 20185201.69365) to fund the City's matching share. The Orange
County Transportation Authority will manage the project and is responsible for the balance of the
project costs.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute, "Cooperative Agreement No. C-0-2038
between Orange County Transportation Authority and Cities of Fountain Valley, Huntington Beach
and Santa Ana for MacArthur Boulevard/Talbert Avenue Regional Traffic Signal Synchronization
Program Project."
Alternative Action(s):
Deny approval of the project and forgo eligibility to receive grant funds through the CTFP.
Analysis:
City of Huntington Beach Page 1 of 3 Printed on 9/2/2020
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File #: 20-1757 MEETING DATE: 9/8/2020
In 2018, the Orange County Transportation Authority (OCTA) competed in the competitive SCCP Call
for Projects and was awarded Senate Bill 1 funds based on the application. The funded project is for
the implementation of traffic signal synchronization along Talbert Avenue/MacArthur Boulevard
between the Walmart Driveway in Huntington Beach and MacArthur Place in Santa Ana. This project
will be managed by OCTA in conjunction with the cities of Huntington Beach, Fountain Valley, and
Santa Ana.
In addition, this project has been approved by OCTA for funding under the Comprehensive
Transportation Funding Program (CTFP), Regional Traffic Signal Synchronization Program.
The grant amounts and the corresponding matching funds are summarized below:
Project Cost SB 1 Grant OCTA Grant Local Match Local Match (All
(Entire Project) (Entire Project) (Entire Project) (City of Huntington Other Agencies)
Beach Only)
$3,689,000 $2,951,000 $590,240 $2,400 $145,150
The Orange County Transportation Authority is the lead agency with participation by the cities of
Huntington Beach, Fountain Valley, and Santa Ana. This project will provide operational and
infrastructure improvements at 26 signalized intersections along Talbert Avenue/MacArthur Boulevard
from the Walmart Driveway in Huntington Beach to MacArthur Place in Santa Ana.
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 controllers within the
City of Huntington Beach. These improvements are identified in the City's Traffic Signal System
Master Plan and will allow for faster and improved communications with the traffic signal 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. A total of$59,000 is expected to be spent
within the City of Huntington Beach on this project. Our anticipating local contribution requirement of
$2,400 represents 4% of the total costs of improvements within the City.
Public Works Commission Action: Not required.
Environmental Status:
No impact with approval of agreement. All CEQA and environmental analysis will be processed by
OCTA.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Project Location Map
2. Cooperative Agreement No. C-0-2038 between Orange County Transportation Authority and
City of Huntington Beach Page 2 of 3 Printed on 9/2/2020
powereZlb1 LegistarTl
File #: 20-1757 MEETING DATE: 9/8/2020
Cities of Fountain Valley, Huntington Beach, and Santa Ana for MacArthur Boulevard/Talbert
Avenue Regional Traffic Signal Synchronization Program Project
City of Huntington Beach Page 3 of 3 Printed on 9/2/2020
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1 COOPERATIVE AGREEMENT NO. C-0-2038
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITIES OF FOUNTAIN VALLEY, HUNTINGTON BEACH, AND SANTA ANA
6 FOR
7 MACARTHUR BOULEVARD/TALBERT AVENUE REGIONAL TRAFFIC SIGNAL
8 SYNCHRONIZATION PROGRAM PROJECT
9 THIS COOPERATIVE AGREEMENT (Agreement), is effective this 5_ day of
10 _January_, 2021 ("Effective Date"), by and between the Orange County Transportation Authority,
11 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State
12 of California (herein referred to as "AUTHORITY") and the cities of Fountain Valley, Huntington Beach,
13 and Santa Ana (hereinafter referred to as "PARTICIPATING AGENCIES") each individually known as
14 "Party"and collectively known as the"Parties".
15 RECITALS:
16 WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES is working
17 together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Solutions
18 for Congested Corridors Program (hereinafter, "SCCP") and the Measure M2 Regional Traffic Signal
19 Synchronization Program (hereinafter, "RTSSP" or "Project P") to enhance countywide traffic flow and
20 reduce congestion; and
21 WHEREAS, the AUTHORITY has competed in the competitive 2018 SCCP Call for Projects
22 (hereinafter, "2018 SCCP CALL") in support of the SCCP and was awarded Senate Bill 1 funds based
23 on the application (hereinafter, "APPLICATION") prepared by the AUTHORITY (hereinafter referred to
24 as the "APPLICANT AGENCY") for implementation of signal synchronization of traffic signals along
25 MacArthur Boulevard / Talbert Avenue between the intersections of Gothard Street in the,City of
26 Huntington Beach and MacArthur Place in the City of Santa Ana (hereinafter, "PROJECT'); and
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Page 1 of 14
COOPERATIVE AGREEMENT NO.C-0-2038
MACARTHUR BOULEVARD/TALBERT AVENUE—RTSSP
1 WHEREAS,the PARTICIPATING AGENCIES have elected to designate the AUTHORITY and
2 the AUTHORITY agrees to act as the implementing agency to carry out PROJECT; and
3 WHEREAS, the PROJECT will include approximately twenty-six (26) traffic signalized
4 intersections; and
5 WHEREAS, the PROJECT will include Intelligent Transportation System (ITS) elements
6 identified in the APPLICATION including certain hardware and software upgrades to intersection and
7 central control systems including Advanced Transportation Controller units (ATC), telematics and
8 interconnect systems, Advanced Transportation Management Systems (ATMS), Roadside Units
9 (RSU), and other associated systems (hereinafter collectively referred to as "ITS ELEMENTS"), will
10 be constructed and/or installed and implemented as part of the PROJECT; and
11 WHEREAS,the AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate
12 the inclusion of other ITS elements(hereinafter, "OTHER ELEMENTS")that should be installed at the
13 same time as the construction of the PROJECT and are not part of this Agreement; and
14 WHEREAS, all costs associated with the inclusion of these OTHER ELEMENTS, if any, are
15 the sole responsibility of the Party owning each and any of those OTHER ELEMENTS during the
16 project; and
17 WHEREAS, AUTHORITY and each respective Party acknowledge and understand that in-
18 house resources(staff)from Party will provide various services for PROJECT; and
19 WHEREAS, AUTHORITY and each respective Party acknowledge and understand that
20 PROJECT costs for various types of additional work required by each respective Party, by its staff, or
21 by policy, may not have been included in the original application and therefore costs to contractors or
22 consultants to comply with staff requirements are not included in the PROJECT allocation; and
23 WHEREAS, AUTHORITY and Parties agree that these costs will be paid by PROJECT; and
24 WHEREAS, Parties and each respective Party acknowledge and understand that the costs for
25 the additional work may be reversed by AUTHORITY's Audit; and
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COOPERATIVE AGREEMENT NO. C-0-2038
MACARTHUR BOULEVARD/TALBERT AVENUE—RTSSP
1 WHEREAS, based on AUTHORITY's Board of Directors approved PROJECT ALLOCATION,the
2 AUTHORITY agrees to implement the PROJECT; and
3 WHEREAS, the PARTICIPATING AGENCIES agree to provide PROJECT funding in a cash
4 match of One Hundred Forty Eight Thousand, Seventy Six Dollars($148,076), as shown in Attachment
5 A, or equivalent to at least four percent(4%)of PROJECT cost; and
6 WHEREAS, the AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this
7 Agreement to implement the PROJECT in support of SCCP and Project P; and
8 WHEREAS, this Agreement defines the specific terms, conditions, and funding responsibilities
9 between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation of the
10 PROJECT; and
11 WHEREAS, the AUTHORITY'S Board of Directors authorized funding for the PROJECT on
12 January 27, 2020; and
13 WHEREAS, the City of Fountain Valley's City Council approved this Agreement on the I U
14 day of C,!-ct5a , 2020.
15 WHEREAS, the City of Huntington Beach's City Council approved this Agreement on the
16 day of '2020,
17 WHEREAS, the City of Santa Ana's City Council approved this Agreement on the 1� day of
18 1XA— J 2020.
19 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the
20 PARTICIPATING AGENCIES as follows:
21 ARTICLE 1. COMPLETE AGREEMENT
22 A. This Agreement, including any attachments incorporated herein and made applicable by
23 reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this
24 Agreement between AUTHORITY and PARTICIPATING AGENCIES and it supersedes all prior
25 representations, understandings, and communications. The invalidity in whole or in part of any term or
26 /
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COOPERATIVE AGREEMENT NO. C-0-2038
MACARTHUR BOULEVARD/TALBERT AVENUE—RTSSP
1 condition of this Agreement shall not affect the validity of other term(s)or conditions(s)of this Agreement.
2 The above referenced Recitals are true and correct and are incorporated by reference herein.
3 B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES'
4 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
5 relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or
6 condition(s), and PARTICIPATING AGENCIES' obligation in respect thereto shall continue in full force
7 and effect.Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when
8 specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written
9 amendment to this Agreement and issued in accordance with the provisions of this Agreement.
10 C. PARTICIPATING AGENCIES' failure to insist on any instance(s) of AUTHORITY's
11 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
12 relinquishment of PARTICIPATING AGENCIES' right to such performance or to future performance of
13 such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force
14 and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING
15 AGENCIES except when specifically confirmed in writing by an authorized representative of
16 PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in
17 accordance with the provisions of this Agreement.
18 ARTICLE 2. SCOPE OF AGREEMENT
19 This Agreement specifies the roles and responsibilities of the Parties as they pertain to the
20 subjects and projects addressed herein. Both AUTHORITY and PARTICIPATING AGENCIES agree
21 that each will cooperate and coordinate with the other in all activities covered by this Agreement and any
22 other supplemental agreements that may be required to facilitate purposes thereof.
23 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
24 AUTHORITY agrees to the following responsibilities for funding of the PROJECT:
25 /
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COOPERATIVE AGREEMENT NO. C-0-2038
MACARTHUR BOULEVARD/TALBERT AVENUE—RTSSP
1 A. AUTHORITY shall implement the PROJECT based on the intent of the usage in the
2 APPLICATION prepared by the APPLICANT AGENCY in accordance with the policies and procedures
3 contained in the SCCP and Comprehensive Transportation Funding Program(CTFP)Guidelines.
4 B. AUTHORITY shall provide oversight to maintain inter jurisdictional traffic signal
5 operational integrity between PROJECT and other similar type projects not older than three(3)years.
6 C. AUTHORITY will act as the LEAD AGENCY and provide and file all documentation
7 necessary to comply with California Environmental Quality Act(CEQA) regulations for PROJECT.
8 D. AUTHORITY shall perform web-based public outreach activities for the project to
9 communicate major project milestones and results.
10 E. AUTHORITY shall provide formats,templates,and guidance in reporting requirements as
11 described in the SCCP and CTFP Guidelines.
12 F. AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of
13 PROJECT, may perform a technical and/or field review to ensure that the guidelines, policies, and
14 procedures were followed.Such a review may be performed one hundred and eighty(180)days after the
15 PROJECT three-year grant period is complete. If the technical and or field review determines that any of
16 the activities performed are ineligible for SCCP funding, PARTICIPATING AGENCIES must reimburse
17 and return the amount of funding used to perform the ineligible activity to AUTHORITY.
18 G. AUTHORITY shall invoice the PARTICIPATING AGENCIES as identified in
19 APPLICATION and Attachment A for the dollar cash match at the end of the Primary Implementation
20 phase or at a mutually agreed upon time to facilitate any respective Party funding timeframes.
21 H. AUTHORITY shall request updates for the PROJECT as part of semi-annual review
22 process, including documentation of in-kind match conforming to Attachment A and will include the
23 PROJECT in the list of active projects in OC Fund Tracker until completion of the three-year grant period.
24 Documents to be provided include,but are not limited to, payroll records,contracts,and purchase orders.
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COOPERATIVE AGREEMENT NO.C-0-2038
MACARTHUR BOULEVARD/TALBERT AVENUE—RTSSP
1 ARTICLE 4. RESPONSIBILITIES OF THE AUTHORITY AS PROJECT LEAD AGENCY
2 The AUTHORITY as the LEAD AGENCY agrees to the following responsibilities for the
3 implementation of the PROJECT:
4 A. AUTHORITY shall act as the LEAD AGENCY for the work necessary to manage,procure,
5 and complete the PROJECT as identified in APPLICATION.
6 B. To coordinate outreach with PARTICIPATING AGENCIES for PROJECT.
7 C. To collect all data necessary to provide new optimized timing plans including, but not
8 limited to,manual or video all movement counts at each PROJECT signalized intersection,and a mutually
9 agreed upon number and location of twenty-four (24) hour/ seven (7) day automated machine traffic
10 counts with vehicle classification.
11 D. To develop and implement new timing plans optimized for signal synchronization.
12 E. To provide updated timing plans for all control systems and all relevant data used to
13 develop said plans to PARTICIPATING AGENCIES.
14 F. To prepare a "Before and After Study' for PROJECT as described in the Measure M2
15 Eligibility Guidelines adopted by the AUTHORITY. The "Before and After Study" for the project is
16 considered the equivalent of the required Project Final Report (Measure M2 Ordinance No. 3, Section
17 B.111.9) for PROJECT. The AUTHORITY shall provide the "Before and After Study" to the
18 PARTICIPATING AGENCIES in draft and final formats for review and comment. Party comments shall
19 be noted in the final study. If specified in APPLICATION,AUTHORITY shall provide a"Before and After
20 Study'video of a representative portion of PROJECT at up to two(2) public meetings.
21 ARTICLE S. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES
22 PARTICIPATING AGENCIES agree to the following responsibilities for implementation and
23 funding of PROJECT:
24 A. Provide a technical representative to meet and participate as a member of the
25 PROJECT's Traffic Forum.
26 /
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COOPERATIVE AGREEMENT NO.C-0-2038
MACARTHUR BOULEVARD/TALBERT AVENUE—RTSSP
1 B. To authorize the AUTHORITY to manage, procure, and implement all aspects of
2 PROJECT.
3 C. To participate and support PROJECT implementation within the timeframe outlined in
4 APPLICATION and consistent with the SCCP and CTFP Guidelines adopted by AUTHORITY.
5 D. To provide AUTHORITY all current intersection as-built drawings, all current
6 intersections controller assembly plans as provided by the manufacturer and modified by Party since
7 original installation, local field master, local controller, and ATMS timing plans and other ITS related
8 data upon request.
9 E. To provide the local cash match for PROJECT in accordance with Attachment A.
10 Failure to provide local cash match and or evidence of in-kind services match may result in the loss
11 of future participation for competitive funding opportunities.
12 F. PARTICIPATING AGENCIES that have included a dollar match as identified in
13 Attachment A shall provide payment for the dollar match to AUTHORITY within thirty (30) calendar
14 days of receipt of an invoice.
15 G. To waive all fees associated with any local agency permits that may be required of the
16 consultant, sub consultants, and/or service or equipment providers in the performance of the PROJECT.
17 H. PARTICIPATING AGENCIES shall provide updates on PROJECT to AUTHORITY as
18 part of semi-annual review process until completion of the three-year PROJECT grant period.Documents
19 to be provided include, but are not limited to, payroll records, contracts, and purchase orders.
20 I. PARTICIPATING AGENCIES shall, if specified in APPLICATION, continue Ongoing
21 Operations and Maintenance after the three-year grant period is complete and continue until the end of
22 the PROJECT per additional maintenance of effort in APPLICATION.
23 J. The project is partially funded by Senate Bill 1 (SB-1) and PARTICIPATING AGENCIES
24 agree to comply with all applicable SB-1 Accountability Guidelines, Solutions to Congested Corridors
25 Program and State requirements.
26 /
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COOPERATIVE AGREEMENT NO.C-0-2038
MACARTHUR BOULEVARD/TALBERT AVENUE—RTSSP
1 ARTICLE 6. DELEGATED AUTHORITY
2 The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this
3 Agreement are delegated to their respective City Manager, or designee, and the actions required to be
4 taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief
5 Executive Officer or designee.
6 ARTICLE 7. AUDIT AND INSPECTION
7 AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in
8 accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING
9 AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work,
10 materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a
11 period of five (5) years after final payment, final closeout, or until any on-going audit is completed,
12 whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of
13 AUTHORITY's payment of consultant's final billing (so noted on the paid invoice) under this Agreement.
14 AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above
15 provision with respect to audits shall extend to and/or be included in contracts with PARTICIPATING
16 AGENCIES' contractor.
17 ARTICLE 8. INDEMNIFICATION
18 A. To the fullest extent permitted by law, PARTICIPATING AGENCIES shall defend
19 (at PARTICIPATING AGENCIES' sole cost and expense with legal counsel reasonably acceptable to
20 AUTHORITY), indemnify,protect,and hold harmless AUTHORITY,and its officers,directors,employees,
21 and agents (collectively the"Indemnified Parties"), from and against any and all liabilities, actions, suits,
22 claims, demands, losses,costs,judgments, arbitration awards,settlements,damages,demands, orders,
23 penalties, and expenses including legal costs and attorney fees (collectively"Claims"), including but not
24 limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCIES'employees
25 included),for damage to property,including property owned by AUTHORITY,or from any violation of any
26 federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful
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COOPERATIVE AGREEMENT NO.C-0-2038
MACARTHUR BOULEVARD/TALBERT AVENUE—RTSSP
1 misconduct of PARTICIPATING AGENCIES, its officers, directors, employees or agents in connection
2 with or arising out of the performance of this Agreement.
3 B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole
4 cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES), indemnify,
5 protect, and hold harmless PARTICIPATING AGENCIES, including their officers, directors, employees,
6 and agents(collectively the"Indemnified Parties"), from and against any and all liabilities, actions,suits,
7 claims, demands,losses,costs,judgments, arbitration awards,settlements,damages, demands,orders,
8 penalties, and expenses including legal costs and attorney fees (collectively"Claims"), including but not
9 limited to Claims arising from injuries to or death of persons (AUTHORITY's employees included), for
10 damage to property, including property owned by PARTICIPATING AGENCIES, or from any violation of
11 any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or
12 willful misconduct of AUTHORITY,its officers,directors,employees or agents in connection with or arising
13 out of the performance of this Agreement.
14 C. The indemnification and defense obligations of this Agreement shall survive its expiration
15 or termination.
16 ARTICLE 9. ADDITIONAL PROVISIONS
17 A. Term of Agreement: This Agreement shall be in full force and effect through June 30,
18 2025.
19 B. Amendment: This Agreement may be extended or amended in writing at any time by the
20 mutual consent of all Parties and AUTHORITY. No amendment shall have any force or effect unless
21 executed in writing by all Parties and AUTHORITY.
22 C. Termination: In the event any Party defaults in the performance of their respective
23 obligations under this Agreement or breaches any of the provisions of this Agreement, a non-defaulting
24 Party(s) shall have the option to terminate this Agreement upon thirty (30) calendar days prior written
25 notice to the Party in default.
26 !
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COOPERATIVE AGREEMENT NO.C-0-2038
MACARTHUR BOULEVARD/TALBERT AVENUE—RTSSP
1 D. Termination for Convenience: Either Parry may terminate this Agreement for its
2 convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for
3 convenience to the other Party.
4 E. Compliance: AUTHORITY and PARTICIPATING AGENCIES shall comply with all
5 applicable federal, state, and local laws, statues, ordinances and regulations of any governmental
6 authority having jurisdiction over the PROJECT.
7 F. Legal Authority: AUTHORITY and PARTICIPATING AGENCIES hereto consent that they
8 are authorized to execute this Agreement on behalf of said Parties and that, by so executing this
9 Agreement, the Parties hereto are formally bound to the provisions of this Agreement.
10 G. Severability: If any term, provision, covenant or condition of this Agreement is held to be
11 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
12 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
13 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
14 H. Counterparts of Agreement: This Agreement may be executed and delivered in any
15 number of counterparts,each of which,when executed and delivered shall be deemed an original and all
16 of which together shall constitute the same agreement. Facsimile signatures shall be permitted.
17 I. Assignment: Neither this Agreement, nor any of the Parties'rights, obligations, duties, or
18 authority hereunder may be assigned in whole or in part by either Party without the prior written consent
19 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed
20 void and of no force and effect. Consent to one assignment shall be deemed consent to any subsequent
21 assignment, nor the waiver of any right to consent to such subsequent assignment.
22 J. Governing Law:The laws of the State of California and applicable local and federal laws,
23 regulations and guidelines shall govern this Agreement
24 K. Litigation fees: Should litigation arise out of this Agreement for the performance thereof,
25 the court shall award costs and expenses, including attorney's fees,to the prevailing Party.
26 /
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COOPERATIVE AGREEMENT NO. C-0-2038
MACARTHUR BOULEVARD/TALBERT AVENUE—RTSSP
1 L. Notices: Any notices, requests, or demands made between the Parties pursuant to this
2 Agreement are to be directed as follows:
3 To FOUNTAIN VALLEY: To AUTHORITY:
4 City of Fountain Valley Orange County Transportation Authority
5 10200 Slater Avenue 550 South Main Street
6 Fountain Valley, CA 92708 P. O. Box 14184
7 Orange, CA 92863-1584
8 Attention: Temo GaNez Attention: Venita Anderson
9 Deputy Public Works Director/City Engineer Senior Contract Administrator
10 Tel: (714) 593-4517 Tel: (714) 560-5427
11 Email, temo.gaivez@fountainvalley.org E-mail: vanderson(aDocta.net
12 To SANTA ANA: To HUNTINGTON BEACH:
13 City of Santa Ana City of Huntington Beach
14 20 Civic Center Plaza 2000 Main Street
15 M-43 Huntington Beach, CA 92648
16 Santa Ana, CA 92702
17 Attention: Cesar Rodriguez Attention: William Janusz
18 Acting Senior Civil Engineer Principal Civil Engineer
19 Tel: (714)647-5626 Tel: (714)374-1628
20 Email: Crodriguez(a.santa-ana.M Email: wjanusz(c_surfcity-hb.org
21 M. Force Maieure: Either Party shall be excused from performing its obligations under this
22 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
23 cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God;
24 commandeering of material,products,plants or facilities by the federal,state or local government;national
25 fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause
26
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COOPERATIVE AGREEMENT NO.C-0-2038
MACARTHUR BOULEVARD/TALBERT AVENUE-RTSSP
1 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-0-2038 to be
2 executed on the date of the last signature below.
3 CITY OF FOUNTAIN VALLEY ORANGE COUNTY TRANSPORTATION AUTHORITY
.4 ✓ ' l By:
v�-
5 he. ` rothers Meena Katakia
Mayor Manager, Capital Projects
6 Date: - - Zzv Date: �1�?�ZI
7
8 ATTEST: APPROVED AS TO FORM:
9
10
By: -
Rick Miller By.
11 City Clerk James//IdDonic
Ge ;rX�osel
12 Date: �''/U- ?�7ate:
13
14 APPROVED AS TO FORM
15
16 By:
Colin Burns
17 City Attorney
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�{ 19 Date: U " Z-D
20
21
22
,9 23
24
25
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COOPERATIVE AGREEMENT NO.C-0-2038
MACARTHUR BOULEVARD/TALBERT AVENUE—RTSSP
1 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-0-2038 to be
2 executed on the date of the last signature below.
3 CITY OF HUNTI T EA6fi
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4 B
t;�)em4eta
5 May-orC,
6 Date: f'/
7
8 ATTEST:
9
10 By;
11 cbin Est lau
City Cler
12 Date: LL7�r .2-010
13
14 APPROVED AS TO FORM
15
16 }
13y: �' n
17 ;,-,Michael E. Gates
City Attorney
18 Date: Sly i
19
20
21
22
23
24
25
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COOPERATIVE AGREEMENT NO.C-0-2038
MACARTHUR BOULEVARD/TALBERT AVENUE—RTSSP
1 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-0-2038 to be
2 executed on the date of the last signature below.
3 CITY OF SANTA ANA
4 By:
5 Kristine Ridge
City Manager
6 Date: Cfl l zb z�
7
8 ATTEST:
9 -
10 By:
11 Daisy Gomez
Clerk of the Council
12 Date:
13
14 APPROVED AS TO FORM
15 Sonia R. Carvalho, City Attorney
16 By. �g'. -f—L
17 J hn M. Funk
Assistant City Attorney
18 April A 3
Date: P � 0, 2020
19
20 RECOMMENDED FOR APPROVAL
21
22L•-
23 t abil Saba, PE
24 Executive Director
Public Works Agency
25
26
Page 14 of 14
L:\Carnm\CLERICAL\WORD\PROC\AGREE1AGO2038
COOPERATIVE AGREEMENT NO.C-9-2038
MACARTHUR BOULEVARD/TALBERT AVENUE- RTSSP
ATTACHMENT A
DETAILED LOCAL MATCH COMMITMENT
TOTAL CASH MATCH"
AGENCY
Primary Implementation Operations & Maintenance
$64,398.00 $3,840.00
City of Fountain Valley
$68,238.00
$ 1,440.00 $ 960.00
City of Huntington Beach
$ 2,400.00
$ 69,758.00 $ 7,680.00
City of Santa Ana
$ 77,438.00
$ 135,596.00 $ 12,480.00
TOTAL
$ 148,076.00
*No in-kind match allowed on this project.
Page A- 1
0 9
City of Huntington Beach
- 2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clerk
Robin Estanislau, City Clerk
September 15, 2020
Orange County Transportation Authority
Attn: Venita Anderson, Senior Contract Administrator
550 South Main Street
PO Box 14184
Orange, CA 92863-1584
Dear Ms. Anderson:
Enclosed is a partially executed original of the "Cooperative Agreement No. C-0-2038
between Orange County Transportation Authority and Cities of Fountain Valley,
Huntington Beach and Santa Ana for MacArthur Boulevard/Talbert Avenue Regional
Traffic Signal Synchronization Program Project" approved by the Huntington Beach City
Council on September 8, 2020.
Upon complete execution, please return a copy of the fully executed agreement to us.
Please mail the Agreement to:
Robin Estanislau
City Clerk
2000 Main Street, 2"d Floor
Huntington Beach CA 92648
Your attention to this matter is greatly appreciated.
Sincerely,
Robin Estanislau, CMC
City Clerk
RE:ds
Enclosures
Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand