HomeMy WebLinkAboutOrange County Transportation Authority - 2021-10-05 APYKOVED 6 - O- J
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City of Huntington Beach
File #: 21-594 MEETING DATE: 10/5/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Sean Crumby, Director of Public Works
Subject:
Approve and authorize the execution of Cooperative Agreement C-1-3598 with the Orange
County Transportation Authority (OCTA), the County of Orange and the Cities of Westminster,
Santa Ana and Tustin for a traffic signal synchronization project along Bolsa Avenue
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 Bolsa Avenue. This
agreement clarifies the roles and responsibilities of the OCTA, the County and the cities with respect
to execution and delivery of the project, which is funded by the OCTA Comprehensive Transportation
Funding Program with a matching fund contribution by the local agencies.
Financial Impact:
The total project cost is $3,789,600 with $216,400 within the City's portion of Bolsa Avenue. Funds in
the amount of$50,000 are available in the Air Quality Management District (AQMD) fund (account
20190014.82700) for the City's matching share of the grant. 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-1-3598
Between Orange County Transportation Authority and Cities of Huntington Beach, Santa Ana, Tustin,
Westminster and the County of Orange for First Street/Bolsa 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:
On August 10, 2020, the Orange County Transportation Authority (OCTA) announced a call for
projects for the Competitive Measure M2 Regional Traffic Signal Synchronization Program (RTSSP).
This program provides improvements for inter-jurisdictional traffic signal coordination. These projects
City of Huntington Beach Page 1 of 2 Printed on 9r292021
File #: 21-594 MEETING DATE: 10/5/2021
provide for traffic signal improvements to meet existing needs and to address future demand along
with interjurisdictional traffic signal coordination.
A traffic signal synchronization project along Bolsa Avenue from Bolsa Chica Street in Huntington
Beach to Newport Avenue in Tustin was approved for funding by OCTA. This project will be
managed by OCTA in conjunction with the cities of Huntington Beach, Westminster, Santa Ana,
Tustin and the County of Orange.
The grant amount and the corresponding local matching funds are summarized below:
Project Cost (Entire Project) JOCTA Grant (Entire Project) ILocal Match (City of HB only)
$3,789,600 $3,031,680 $46,452
The total cost of work within the City of Huntington Beach is estimated at $216,400. The total cost of
this project to the City of Huntington Beach is estimated at $50,000 including the local match paid to
OCTA and construction contingencies.
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 and
video detection systems. The second stage of the project will be the development of new
coordinated traffic signal timing, which will reduce stops and delays along the corridor.
Public Works Commission Action:
Not required.
Environmental Status:
No impact with the approval of the agreement. Any California Environmental Quality Act (CEQA) and
environmental analysis will be processed by OCTA.
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1. Cooperative Agreement No. C-1-3598 between Orange County Transportation Authority and
Cities of Huntington Beach, Santa Ana, Tustin, Westminster, and the County of Orange for First
Street/Bolsa Avenue Regional Traffic Signal Synchronization Program Project.
City of Huntington Beach Page 2 of 2 Printed on 9/29/2021
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1 COOPERATIVE AGREEMENT NO. C-1-3598
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITIES OF HUNTINGTON BEACH, SANTA ANA, TUSTIN, WESTMINSTER,
6 AND THE COUNTY OF ORANGE
7 FOR
8 FIRST STREET/ BOLSA AVENUE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION
9 PROGRAM PROJECT
10 THIS COOPERATIVE AGREEMENT (Agreement), is effective this 30tn day of
11 November , 2021 ("Effective Date"), by and between the Orange County Transportation
12 Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation
13 of the State of California (herein referred to as"AUTHORITY") and the cities of Huntington Beach, Santa
14 Ana, Tustin, Westminster, and the County of Orange (hereinafter referred to as "PARTICIPATING
15 AGENCIES') each individually known as "Party" and collectively known as "Parties".
16 RECITALS:
17 WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES is working
18 together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed
19 Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP or Project P) to enhance
20 countywide traffic flow and reduce congestion; and
21 WHEREAS, the AUTHORITY has completed the competitive 2021 Call for Projects
22 (hereinafter, "2021 CALL") in support of Project P and awarded Project P funds based on the application
23 (hereinafter, "APPLICATION") prepared by the City of Santa Ana (hereinafter referred to as the
24 "APPLICANT AGENCY") for the implementation of signal synchronization of traffic signals along First
25 Street / Bolsa Avenue between the intersections of Bolsa Chita Street located in the City of Huntington
26 Beach and Newport Avenue located in the City of Tustin (hereinafter, "PROJECT"); and
Page 1 of 18
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET/ BOLSA AVENUE RTSSP PROJECT
1 WHEREAS, the PARTICIPATING AGENCIES agree to abide by the Comprehensive
2 Transportation Funding Program Guidelines and M2 Ordinance, including all revisions; and
3 WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected to
4 designate the AUTHORITY and the AUTHORITY agrees to act as the implementing agency to carry out
5 the PROJECT; and
6 WHEREAS, the PROJECT will include approximately fifty five (55) traffic signalized
7 intersections along the main corridor and five (5) offset from the main corridor as identified in the
8 APPLICATION; and
9 WHEREAS, the PROJECT will include Intelligent Transportation System (ITS) elements as
10 identified in the APPLICATION and other associated systems (hereinafter collectively referred to as
11 "ITS ELEMENTS"), that will be constructed and/or installed and implemented as part of the PROJECT
12 as identified in the APPLICATION; and
13 WHEREAS, the AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate
14 the inclusion of other ITS ELEMENTS (hereinafter OTHER ELEMENTS) that should be installed
15 before or at the same time as the construction of the PROJECT and are not part of this Agreement;
16 and
17 WHEREAS, all costs associated with the inclusion of these OTHER ELEMENTS, if any, are
18 the sole responsibility of the AGENCY owning each and any of those OTHER ELEMENTS; and
19 WHEREAS, AUTHORITY and each respective Party acknowledges and understands that
20 in-house resources (staff hours) from Party will provide various services for the PROJECT per the
21 APPLICATION; and
22 WHEREAS, AUTHORITY and each respective Party acknowledge and understand that
23 PROJECT costs for various types of additional work required by each respective Party may not have
24 been included in the original application and therefore costs are not included in the PROJECT
25 allocation; and
26 I
Page 2 of 18
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET/ BOLSA AVENUE RTSSP PROJECT
1 WHEREAS, AUTHORITY and each respective Party agree that these additional costs will be
2 paid by the PROJECT with written approval by AUTHORITY, which may result in additional dollar
3 match; and
4 WHEREAS, Parties acknowledge and understand that the costs for the additional work may
5 be reversed by AUTHORITY's Audit; and
6 WHEREAS, based on AUTHORITY's Board of Directors approved PROJECT ALLOCATION and
7 APPLICATION, the AUTHORITY agrees to implement the PROJECT; and
8 WHEREAS, the AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this
9 Agreement to implement the PROJECT in support of Project P; and
10 WHEREAS, this Agreement defines the specific terms, conditions, and funding responsibilities
11 between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation of the
12 PROJECT; and
13 WHEREAS, the AUTHORITY's Board of Directors authorized funding for the PROJECT on
14 May 10, 2021; and
15 WHEREAS, the AUTHORITY's Board of Directors authorized this cooperative agreement on
16 August 9, 2021.
17 WHEREAS, the City of Huntington Beach's City Council approved this Agreement on the 5ih
18 day of October —, 20 21 .
19 WHEREAS, the City of Santa Ana's City Council approved this Agreement on the 2"d day
20 of November 20__21_.
21 WHEREAS, the City of Tustin's City Council approved this Agreement on the 51h day of
22 October —, 20 21 .
23 WHEREAS, the City of Westminster's City Council approved this Agreement on the 27'h day of
24 October 20 21
25 /
26 I
Page 3 of 18
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET I BOLSA AVENUE RTSSP PROJECT
1 WHEREAS, the County of Orange's Director of Public Works, with authority delegated by the
2 County of Orange's Board of Supervisors approved this Agreement on the day of
3 20
4 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the
5 PARTICIPATING AGENCIES as follows:
6 ARTICLE 1. COMPLETE AGREEMENT
7 A. This Agreement, including any attachments incorporated herein and made applicable by
8 reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this
9 Agreement between AUTHORITY and PARTICIPATING AGENCIES and it supersedes all prior
10 representations, understandings, and communications. The invalidity in whole or in part of any term or
11 condition of this Agreement shall not affect the validity of other term(s)or conditions(s)of this Agreement.
12 The above referenced Recitals are true and correct and are incorporated by reference herein.
13 B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES'
14 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
15 relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or
16 condition(s), and PARTICIPATING AGENCIES' obligation in respect thereto shall continue in full force
17 and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when
18 specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written
19 amendment to this Agreement and issued in accordance with the provisions of this Agreement.
20 C. PARTICIPATING AGENCIES' failure to insist on any instance(s) of AUTHORITY's
21 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
22 relinquishment of PARTICIPATING AGENCIES' right to such performance or to future performance of
23 such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force
24 and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING
25 AGENCIES except when specifically confirmed in writing by an authorized representative of
26 !
Page 4 of 18
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET/ BOLSA AVENUE RTSSP PROJECT
1 PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in
2 accordance with the provisions of this Agreement.
3 ARTICLE 2. SCOPE OF AGREEMENT
4 This Agreement specifies the roles and responsibilities of the Parties as they pertain to the
5 subjects and projects addressed herein. Both AUTHORITY and Parties agree that each will cooperate
6 and coordinate with the other in all activities covered by this Agreement and any other supplemental
7 agreements that may be required to facilitate purposes thereof.
8 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
9 AUTHORITY agrees to the following responsibilities for funding of the PROJECT:
10 A. AUTHORITY shall implement the PROJECT based on the intent of the usage in the
11 APPLICATION, prepared by the APPLICANT AGENCY in accordance with the policies and procedures
12 contained in the Comprehensive Transportation Funding Program (CTFP) Guidelines.
13 B. AUTHORITY shall provide oversight to maintain inter-jurisdictional traffic signal
14 operational integrity between PROJECT and other similar type projects not older than three (3)years.
15 C. AUTHORITY shall provide formats,templates, and guidance in reporting requirements as
16 described in the CTFP Guidelines.
17 D. AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of
18 PROJECT, may perform a technical and/or field review to ensure that the CTFP Guidelines, policies, and
19 procedures were followed. Such a review may be performed one hundred and eighty (180)days after the
20 PROJECT three-year grant period is complete. If the technical and or field review determines that any of
21 the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must reimburse
22 and return the amount of funding used to perform the ineligible activity to AUTHORITY.
23 E. AUTHORITY shall invoice the PARTICIPATING AGENCIES for twenty percent(20%)of
24 actual costs at the end of the Primary Implementation phase or at a mutually agreed upon time to
25 facilitate any respective Party funding timeframes. The estimated match per the APPLICATION is
26 outlined in Attachment A.
Page 5 of 18
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET/ BOLSA AVENUE RTSSP PROJECT
1 F. AUTHORITY shall request updates for the PROJECT as part of the semi-annual review
2 process, including documentation of in-kind match conforming to Attachment A and will include the
3 PROJECT in the list of active projects in OCFundTracker until completion of the three-year grant period.
4 Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders.
5 ARTICLE 4. RESPONSIBILITIES OF THE AUTHORITY AS PROJECT LEAD AGENCY
6 The AUTHORITY, as the LEAD AGENCY, agrees to the following responsibilities for the
7 implementation of the PROJECT:
8 A. AUTHORITY, or agents of the AUTHORITY, shall manage, procure, implement, and
9 complete all aspects of the PROJECT as identified in the APPLICATION, including fling all
10 documentation necessary to comply with the California Environmental Quality Act(CEQA)regulations for
11 the PROJECT.
12 B. AUTHORITY, or agents of the AUTHORITY, shall coordinate outreach with
13 PARTICIPATING AGENCIES for the PROJECT.
14 C. AUTHORITY, or agents of the AUTHORITY, shall collect all data necessary to provide
15 new optimized timing plans including, but not limited to, manual or video all movement counts at each
16 PROJECT signalized intersection, and a mutually agreed upon number and location of twenty four (24)
17 hour/ seven (7) day automated machine traffic counts with vehicle classification.
18 D. AUTHORITY, or agents of the AUTHORITY, shall develop and implement new timing
19 plans optimized for signal synchronization.
20 E. AUTHORITY, or agents of the AUTHORITY, shall provide updated timing plans for all
21 control systems and all relevant data used to develop said plans to the PARTICIPATING AGENCIES.
22 F. AUTHORITY, or agents of the AUTHORITY, shall prepare a "Primary Implementation
23 Report" and "Operations and Maintenance Report" for the PROJECT as described in the Measure M2
24 Eligibility Guidelines and CTFP Guidelines adopted by the AUTHORITY. The AUTHORITY shall provide
25 the reports to the PARTICIPATING AGENCIES in draft and final formats for review and comment.
26 AGENCY comments shall be noted in the final study. If specified in the APPLICATION, AUTHORITY, or
Page 6 of 18
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET/ BOLSA AVENUE RTSSP PROJECT
1 agents of the AUTHORITY, shall provide a "Before and After Study' video of a representative portion of
2 PROJECT at up to two (2) public meetings.
3 ARTICLE 5. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES
4 PARTICIPATING AGENCIES agree to the following responsibilities for implementation and
5 funding of the PROJECT:
6 A. PARTICIPATING AGENCIES shall provide a technical representative to meet and
7 participate as a member of the PROJECT's Traffic Forum.
8 B. PARTICIPATING AGENCIES shall authorize the AUTHORITY to manage, procure,
9 and implement all aspects of the PROJECT.
10 C. PARTICIPATING AGENCIES shall participate and support the PROJECT
11 implementation within the timeframe outlined in the APPLICATION and consistent with the CTFP
12 Guidelines adopted by the AUTHORITY.
13 D. PARTICIPATING AGENCIES shall provide AUTHORITY, or agents of the
14 AUTHORITY, all current intersection as-built drawings, all current intersections controller assembly
15 plans as provided by the manufacturer and modified by Party since original installation, local field
16 master, local controller, and Advanced Traffic Management System timing plans and other ITS related
17 data upon request.
18 E. PARTICIPATING AGENCIES shall each provide the AUTHORITY with a combined
19 dollar and in-kind services match, totaling at least twenty percent (20%) of actual PROJECT costs.
20 The APPLICATION estimated this amount to be Seven Hundred Seventy Four Thousand Three
21 Hundred Seventy Eight Dollars ($774,378.00) as shown in Attachment A. PARTICIPATING
22 AGENCIES shall work with AUTHORITY to address and mitigate budget impacts. Failure to provide
23 local dollar match and/or evidence of in-kind services match may result in the ineligibility of future
24 participation in competitive funding opportunities.
25 F. PARTICIPATING AGENCIES shall provide payment for the dollar match to
26 AUTHORITY within thirty (30) calendar days of receipt of an invoice.
Page 7 of 18
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET/ BOLSA AVENUE RTSSP PROJECT
1 G. PARTICIPATING AGENCIES that have included an in-kind services match, as
2 identified in Attachment A, shall provide documentation of conformance as part of the semi-annual
3 review process or as requested by the AUTHORITY, or agents of the AUTHORITY.
4 H. PARTICIPATING AGENCIES shall waive all fees associated with any local agency
5 permits that may be required of the consultant, subconsultants, and/or service or equipment providers
6 in the performance of the PROJECT.
7 I. PARTICIPATING AGENCIES shall provide updates on PROJECT to AUTHORITY, or
8 agents of the AUTHORITY, as part of semi-annual review process until completion of the three-year
9 PROJECT grant period. Documents to be provided include, but are not limited to, payroll records,
10 contracts, and purchase orders.
11 J. PARTICIPATING AGENCIES shall, if specified in APPLICATION, continue Operations
12 and Maintenance after the three-year grant period is complete and continue until the end of the
13 PROJECT per additional maintenance of effort in APPLICATION.
14 ARTICLE 6. DELEGATED AUTHORITY
15 The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this
16 Agreement are delegated to their respective City Manager, or designee, and the actions required to be
17 taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief
18 Executive Officer or designee.
19 ARTICLE 7. AUDIT AND INSPECTION
20 AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in
21 accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING
22 AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work,
23 materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a
24 period of five (5) years after final payment, final closeout, or until any on-going audit is completed,
25 whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of
26 AUTHORITY's payment of consultant's final billing (so noted on the paid invoice) under this Agreement.
Page 8 of 18
COOPERATIVE AGREEMENT NO. C-1.3598
FIRST STREET/ BOLSA AVENUE RTSSP PROJECT
1 AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above
2 provision with respect to audits shall extend to and/or be included in contracts with PARTICIPATING
3 AGENCIES' contractor.
4 ARTICLE 8. INDEMNIFICATION
5 A. To the fullest extent permitted by law, PARTICIPATING AGENCIES shall defend
6 (at PARTICIPATING AGENCIES' sole cost and expense with legal counsel reasonably acceptable to
7 AUTHORITY), indemnify, protect,and hold harmless AUTHORITY, and its officers, directors, employees,
8 and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits,
9 claims, demands, losses, costs,judgments, arbitration awards, settlements, damages, demands, orders,
10 penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not
11 limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCIES' employees
12 included), for damage to property, including property owned by AUTHORITY, or from any violation of any
13 federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful
14 misconduct of PARTICIPATING AGENCIES, its officers, directors, employees or agents in connection
15 with or arising out of the performance of this Agreement.
16 B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole
17 cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES), indemnify,
18 protect, and hold harmless PARTICIPATING AGENCIES, including their officers, directors, employees,
19 and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits,
20 claims, demands, losses, costs,judgments, arbitration awards, settlements, damages, demands, orders,
21 penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not
22 limited to Claims arising from injuries to or death of persons (AUTHORITY's employees included), for
23 damage to property, including property owned by PARTICIPATING AGENCIES, or from any violation of
24 any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or
25 willful misconduct of AUTHORITY, its officers,directors, employees or agents in connection with or arising
26 out of the performance of this Agreement.
Page 9 of 18
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET/ BOLSA AVENUE RTSSP PROJECT
1 C. The indemnification and defense obligations of this Agreement shall survive its expiration
2 or termination.
3 ARTICLE 9. ADDITIONAL PROVISIONS
4 A. Term of Agreement: This Agreement shall be in full force and effect through
5 December 31, 2026.
6 B. Amendment: This Agreement may be extended or amended in writing at any time by the
7 mutual consent of all Parties and AUTHORITY. No amendment shall have any force or effect unless
8 executed in writing by all Parties and AUTHORITY.
9 C. Termination: In the event any Party defaults in the performance of their respective
10 obligations under this Agreement or breaches any of the provisions of this Agreement, a non-defaulting
11 Party(s) shall have the option to terminate this Agreement upon thirty (30) calendar days prior written
12 notice to the Party in default.
13 D. Termination for Convenience: Either Party may terminate this Agreement for its
14 convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for
15 convenience to the other Party.
16 E. AUTHORITY and Parties shall comply with all applicable federal, state, and local laws,
17 statues, ordinances, and regulations of any governmental authority having jurisdiction over the
18 PROJECT.
19 F. Legal Authority: AUTHORITY and Parties hereto consent that they are authorized to
20 execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties
21 hereto are formally bound to the provisions of this Agreement.
22 G. Severability: If any term, provision, covenant or condition of this Agreement is held to be
23 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
24 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
25 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
26 /
Page 10 of 18
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET/ BOLSA AVENUE RTSSP PROJECT
1 H. 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 all
3 of which together shall constitute the same agreement. Facsimile signatures shall be permitted.
4 I. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or
5 authority hereunder may be assigned in whole or in part by either Party without the prior written consent
6 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed
7 void and of no force and effect. Consent to one assignment shall not be deemed consent to any
8 subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.
9 J. Governing Law: The laws of the State of California and applicable local and federal laws,
10 regulations, and guidelines shall govern this Agreement.
11 K. Litigation fees: Should litigation arise out of this Agreement for the performance thereof,
12 the court shall award costs and expenses, including attorney's fees, to the prevailing Party.
13 L. Notices: Any notices, requests, or demands made between the Parties pursuant to this
14 Agreement are to be directed as follows:
15 /
16 /
17 /
18 /
19 /
20 /
21 /
22 /
23 /
24 /
25 I
26 /
Page 11 of 18
COOPERATIVE AGREEMENT NO. C-1.3598
FIRST STREET/ BOLSA AVENUE RTSSP PROJECT
1 To SANTA ANA: To AUTHORITY:
2 City of Santa Ana Orange County Transportation Authority
3 20 Civic Center Plaza 550 South Main Street
4 Santa Ana, CA 92701 P. O. Box 14184
5 Orange, CA 92863-1584
6 Attention: Cesar Rodriguez Attention: Michael Le
7 Senior Civil Engineer Senior Contract Administrator
8 Tel: (714) 647-5626 Tel: (714) 560-5314
9 Email: crodriguez5(osanta-ana.org Email: mlel(cilocta.net
10 CC: Alicia Yang
11 Project Manager
12 Tel: (714) 560-5362
13 Email: ayang@octa.net
14 To HUNTINGTON BEACH: To TUSTIN:
15 City of Huntington Beach City of Tustin
16 2000 Main Street, P.O. Box 190 300 Centennial Way
17 Huntington Beach, CA 92648 Tustin, CA 92780
18 Attention: William Janusz Attention: Krys Saldivar
19 Principal Civil Engineer Public Works Manager—Traffic/Transportation
20 Tel: (714) 374-1628 Tel: (714) 573-3172
21 Email: wianusz(c)surfcity-hb.oro Email: ksaldivar(o tustinca.oro
22
23
24
25
26
Page 12 of 18
COOPERATIVE AGREEMENT NO. C-1.3598
FIRST STREET/ BOLSA AVENUE RTSSP PROJECT
1 To WESTMINSTER: To COUNTY OF ORANGE:
2 City of Westminster County of Orange
3 8200 Westminster Boulevard 601 North Ross Street
4 Westminster, CA 92863 Santa Ana, CA 92701
5 Attention: Adolfo Ozaeta Attention: Rick Diaz
6 Transportation Manager Senior Civil Engineer
7 Tel: (714) 548-3462 Tel: (714) 2454581
8 Email: aozaetaCcDwestminster-Ca.gov Email: rick.diazCcDocpw.ocgov.com
9 M. Force Maieure: Either Party shall be excused from performing its obligations under this
10 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
11 cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God;
12 commandeering of material, products, plants or facilities by the federal,state or local government;national
13 fuel shortage, or a material act or omission by the other Party, when satisfactory evidence of such cause
14 is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond
15 the control and is not due to the fault or negligence of the Party not performing.
16 /
17 /
18 /
19 /
20 /
21 /
22 /
23 /
24 /
25 /
26 /
Page 13 of 18
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET/BOLSA AVENUE RTSSP PROJECT
I
1 This Agreement shall be made effective upon execution by all Parties.
2 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-1-3598 to
3 be executed as of the date of the last signature below.
4 CITY OF HUNTINGTON BEACH ORANGE COUNTY TRANSPORTATION
5 AUTHORITY
6
zkyno 6 E ,7ohef,oe
7 By By.MPH]E.AMM.IN..M.2021 N 57 PST)
8 Kim Carr Darrell E. Johnson
Mayor Chief Executive Officer
9
10 Dated: IO �" O� Dated:
11
12 ATTEST: APPROVED AS TO FORM:
13
14 By: �N v- By a e:Do ,(Sep T.zoai is:ss aoTl
15 Robin Estanislau James M. Donich
City Clerk General Counsel
16
17 Dated: �O Cad Dated:
18
19 APPROVED AS TO FORM APPROVAL RECOMMENDED
20 yes
21 By: By:
u,JJI I M:1V 07�0 PST)
-Michael E. Gates Kia Mortazavi
City Attorney Executive Director, Planning
1*24 Dated: Dated:
LP
26
Page 14 of 18
i
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET I BOLSA AVENUE RTSSP PROJECT
1 This Agreement shall be made effective upon execution by all Parties.
2 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-1-3598 to
3 be executed as of the date of the last signature below.
4 CITY OF SANTA ANA
5
6 By:
7 Kristine Ridge
City Manager
8
9 Dated:
10
11 ATTEST:
12 B '
Daisy Gomez
t3 Clerk of the Council
14 Dated:
15
APPROVED AS TO FORM
16 Sonia R. Caarvalho, City Attorney
17 By: ilirM- IV, -f. �_
Jo M. Funk
18 Assistant City Attorney
19 Dated: September 16, 2021
20
21 RE END FgR APPROVAL
22 B kIl qr��
23 abil Saba, PE
Executive Director
24 Public Works Agency
Dated:
25
26
Page 15 of 18
ii
DocuSign Envelope ID:2CC88ED2-7AC2.41E4-AEBO-F5C5829CF3B1
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET/ BOLSA AVENUE RTSSP PROJECT
1 This Agreement shall be made effective upon execution by all Parties.
2 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-1-3598 to
3 be executed as of the date of the last signature below.
4 CITY OF TUSTIN
5
o uegnw by.
6 By:
Leti �wDCAB 41
7 Mayor
8 Dated: 10/06/21
9
10 ATTEST:
11
o usgn a by:
Y
12 B qla ,JA
13 Eric °'1Mlt-6Mw
City Clerk
14 Dated: 10/06/21
15
16 APPROVED AS TO FORM
17
18
By:
19 Da ls'K&ft
City Attorney
20 Dated: 10/06/21
21
22
23
24
25
26
Page 16 of 18
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET/BOLSA AVENUE RTSSP PROJECT
1 This Agreement shall be made effective upon execution by all Parties.
2 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-1-3598 to
3 be executed as of the date of the last signature below.
4 CITY OF WESTMINSTER
5
6 By:
7 Tri Ta
Mayor
8 Dated:
9
10 ATTEST:
11
12 ev.
13
City Clerk
14
Dated: t
15
16 APPROVED AS TO FORM
17
18
Christian Bettenhausen
19 City Attorney
20 Dated: l( 1
21
22
23
24
25
26
Page 17 of 18
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET/ BOLSA AVENUE RTSSP PROJECT
This Agreement shall be made effective upon execution by all Parties.
1 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-1-3598 to
2 be executed as of the date of the last signature below.
3 COUNTY OF ORANGE
4 V
5 8y:
6 Ja s Treadaway
Director of Public
Works
7 Dated:
8
9 APPROVED AS TO FORM
10
11 By. f�—�— Ray Diaz
12 Deputy County Counsel
13 Dated: 09/08/2021
14
15
16
17
18
19
20
21
22
23
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Page 18 of 18
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET/ BOLSA AVENUE— RTSSP
ATTACHMENT
ESTIMATED LOCAL MATCH COMMITMENT
SECTION 1: AGENCY TOTAL MATCH SUMMARY
CASH MATCH IN-KIND MATCH' TOTAL MATCH
AGENCY
PI O&M PI 08M PI O& M
City of S 43,852.00 $2,600.00 $0.00 $0.00 S 43,852.00 $2,600.00
Huntington
Beach $46,452.00 $0.00 $46,452.00
City of Santa S 321,042.00 1 S 12,000.00 S 34,000.00 1 S 3,600.00 $ 355,042.00 S 15,600.00
Ana $ 333,042.00 $ 37,600.00 $ 370,642.00
$ 129,734.00 S 3,290.00 I S 15,050.00 1 $350.00 S 144,784.00 $3,640.00
City of Tustin
$ 133,024.00 $ 15,400.00 $ 148,424.00
City S 139,620.00 1 $8,190.00 $0.00 1 S 0.00 $ 139,620.00 1 $ 8,190.00
of Westminster $ 147,810.00 $0.00 $ 147,810.00
County of $ 59,880.00 1 $ 1,170.00 $0.00 $0.00 $59,880.00 $ 1,170.00
Orange $61,050.00 $0.00 $ 61,050.00
TOTAL $694,128.00 $27,250.00 $49,050.00 $ 3,950.00 $743.178.00 $31,200.00
MATCH
$ 721,378.00 $ 53,000.00 $ 774,378.00
'In-kind match may be converted to cash match it agency does not satisfy in-kind match commitment by the end of the
respective phase. However, Cash Match is NOT allowed to be converted to in-kind match.
SECTION 2: MATCH BREAKDOWN (CASH VS IN-KIND SERVICES)
A. Cash Match
AGENCY FUNDING SOURCE AMOUNT OF CASH
CONTRIBUTION
City of Huntington Beach AOMD S 46,452.00
City of Santa Ana M2 Fairshare S 333,042.00
City of Tustin Transportation Funds/General $ 133.024.00
Fund/ M2 Fairshare
City of Westminster Traffic Impact Fee $ 147,810.00
County of Orange Road Funds $61,050.00
TOTAL CASH MATCH: $ 721,378.00
Page A - 1
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET/ BOLSA AVENUE— RTSSP
ATTACHMENT A
B. In-Kind Services
i. Specific Improvements(List items and Cost):
AGENCY IMPROVEMENT DATE OF CONSTRUCTION EXPENDITURE
N/A
TOTAL FOR SPECIFIC IMPROVEMENTS i: $0.00
ii. Staffing Commitment:
FULLY
AGENCY STAFF POSITION TYPE OF SERVICE TO NO.OF BURDENED TOTAL"
PROJECT HOURS HOURLY
RATE
Sr. Civil Engineer Project Oversight, Plan 150 Silo $ 16,500.00
Review, Signal Timing
Project Design Review/
Assistant Engineer Implement Timing/ 120 S 90 $ 10,800.00
City of Santa Construction Engineering
Ana Construction
Inspector Construction Engineering 120 $ 70 S 8,400.00
Engineering Intern General Project Support 95 $ 20 S 1,900.00
Total for City of Santa Ana: $37,600.00
Consultant Principal Project Oversight, Plan 40 S 175 S 7,000.00
Engineer Review, Signal Timing
Traffic Engineering Project Management,
City of Tustin 9 g O&M Review and 30 $ 145 S 4,350.00
Consultant Coordination
PW Inspector Construction Inspection 30 $ 135 $4,050.00
(Consultant)
Total for City of Tustin: $ 15,400.00
TOTAL FOR STAFFING COMMITMENT(ii): $ 53,000.00
TOTAL IN-KIND MATCH (i + ii): $ 53,000.00
"Total amount is the required participation by the identified agency. The number of hours and hourly rate will be based on
each agency's actual fully burdened billing rates, which must collectively equal the same value of the assigned'Total'dollars.
Each agency will be responsible for keeping detailed records of hours worked and description of work. An accounting record
of personnel, hours at fully burdened rate is expected to be included with the final submittal. Records will be subject to
auditing.
Page A-2
City of Huntington Beach
-. - 2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ NNvk,,,v.huntingtonbeachca.gov
Office of the City Clerk
Robin Estanislau, City Clerk
October 12, 2021
Orange County Transportation Authority
Attn: Michael Le
550 South Main Street
PO Box 14184
Orange, CA 92863-1584
Dear Mr. Le:
Enclosed is a partially executed original of the "Cooperative Agreement No. C-1-3598
between Orange County Transportation Authority and Cities of Huntington Beach,
Santa Ana, Tustin, Westminster and the County of Orange for First Street/Bolsa
Avenue Regional Traffic Signal Synchronization Program Project' approved by the
Huntington Beach City Council on October 5, 2021.
Upon complete execution, please return a copy of the fully executed agreement with the
Agreement number to us so we can provide the insurance. Please mail the Agreement to:
Robin Estanislau
City Clerk
2000 Main Street, 2nd Floor
Huntington Beach CA 92648
Your attention to this matter is greatly appreciated.
Sincerely,
��
Robin Estanislau, CIVIC
City Clerk
RE:ds
Enclosures
Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand