HomeMy WebLinkAboutAGR-7927 - CITIES OF ANAHEIM, BREA, FULLERTON, AND ORANGE - TRAFFIC SIGNAL SYNCHRONIZATION - STATE COLLEGE BLVD. & CITY DRIVE REGIONAL9OlAx4 AC i(0ol0
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COOPERATIVE AGREEMENT BY AND BETWEEN THE CITIES
OF ANAHEIM, BREA, FULLERTON, AND ORANGE FOR THE
STATE COLLEGE BOULEVARD /THE CITY DRIVE REGIONAL
TRAFFIC SIGNAL SYNCHRONIZATION PROJECT
This Cooperative Agreement ("Agreement") is made and entered into this Cf4-"day of
U'1e , 2026, by and between the CITY OF ANAHEIM, a municipal corporation
ANAHEIM"), the CITY OF BREA, a municipal corporation ("BREA"), the CITY OF
FULLERTON, a municipal corporation ("FULLERTON"), and the CITY OF ORANGE, a
municipal corporation ("ORANGE").
RECITALS:
A. Anaheim, with cooperation from Brea, Fullerton, and Orange, applied for a grant from
the Orange County Transportation Authority ("OCTA") as part of Renewed Measure M2
Regional Traffic Signal Synchronization Program ("RTSSP") (Project P), aimed to
coordinate traffic signals across multiple jurisdictions to enhance countywide traffic flow
and reduce congestion.
B. The State College Boulevard/ The City Drive Regional Traffic Signal Synchronization
Project was selected by OCTA as one of the RTSSP Projects to be funded in OCTA
Fiscal Year 2025-2026. The project will include timing implementation and improvements
at traffic signals along State College Boulevard/The City Drive, from Cliffwood Avenue in
Brea to Garden Grove BI in City of Orange, as listed in the Project Application attached
hereto as Exhibit B and incorporated herein by this reference.
C. The total budget for the project is $4,702,863.50. 80% ($3,762,290.80) is funded by the
OCTA Regional Traffic Signal Synchronization Program and 20% ($940,572.70) is local
agencies matching funds. The breakdown is shown in Exhibit A attached hereto and
incorporated herein by this reference.
D. Anaheim, Brea, Fullerton, and Orange agree to provide twenty percent (20%) matching
funds for the total project cost. Matching funds can be a combination of cash and in-kind
match as defined by the RTSSP grant.
E. OCTA and Anaheim have entered into a Master Funding Agreement "Cooperative
Agreement No. C-1-2754" defining the terms and conditions for approved Measure M2
projects that will be implemented by Anaheim.
F. Anaheim agrees to serve as the lead agency to oversee the design and implementation
of the project.
G. Anaheim, Brea, Fullerton, and Orange desire to enter into this Cooperative Agreement to
demonstrate their commitment to implement the project and improve inter-jurisdiction
traffic signal synchronization on State College Boulevard/The City Drive.
H. This cooperative agreement defines the specific terms, conditions and funding
responsibilities between Anaheim, Brea, Fullerton, and Orange for the implementation of
the project.
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NOW, THEREFORE, it is mutually understood and agreed by and between ANAHEIM, BREA,
FULLERTON, and ORANGE as follows:
SCOPE:
This Agreement specifies the roles and responsibilities of the cities as they pertain to the
subjects and projects addressed herein. The project is specifically detailed in the Project
Application attached hereto as Exhibit B and incorporated herein by this reference. All of the
cities 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.
II. MUTUAL RESPONSIBILITIES:
Anaheim, Brea, Fullerton, and Orange mutually agree to:
a. Designate a lead staff to act as the liaison for the project. The liaison and any other
project personnel, if necessary, will attend and participate in all related project meetings.
b. Participate, cooperate and coordinate with contractors, consultants, vendors and staff in
good faith using reasonable efforts to resolve any unforeseen issues and disputes
arising out of the project to the extent practicable with respect to the performance of the
project.
c. Maintain project related traffic signals and telecommunications equipment with high
priority during the project and be responsible for repair of their own signal control
systems in each of their respective jurisdictions.
d. Provide on-site support for signal control systems, timing plans, detection systems and
related equipment during construction, installation and integration, and be available to
change or make adjustments to timing plans when necessitated by the project.
e. Document in-kind match or dollar match funding as identified in the project application
and provide verification of such expenditures as part of any review or audit process,
which may include payroll records, contracts and purchase orders.
f. Monitor and operate the project traffic signals and improvements within its jurisdiction for
a period of two (2) years following the completion of the Primary Implementation Phase
of the project, as required by the program funding.
g. Coordinate the inclusion of other improvements and in-kind services, where necessary,
that the owning agency requires for the implementation of the project but are not
included in the project application. The owning agency shall be responsible for the
inclusion of such elements within reason and at its own costs.
h. Unused project funds for improvements from one City can be used by another City (with
matching fund responsibility) upon mutual consent of the involved parties.
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III. RESPONSIBILITIES OF ANAHEIM:
Anaheim agrees to the following responsibilities:
a. Anaheim shall serve as lead agency for design, construction and construction
management of the project, and shall provide oversight by establishing milestones and
overseeing the project development to ensure that all standards and requirements set
forth by the agreement is adhered to.
b. Anaheim shall be responsible for completing the project in accordance with the funding
guidelines and any and all other OCTA requirements related to these funding programs.
Anaheim shall maintain coordination with all participating agencies throughout the
duration of the project.
c. Anaheim shall provide staff, consultants, and contractors deemed necessary and
appropriate to manage, administer, coordinate, and oversee timing implementation,
engineering design, bid and award, and construction management of the project.
d. Anaheim shall enter into an agreement with a qualified consultant and contractor to
assist in the completion and monitoring of the project.
e. Anaheim shall enter into any required Cooperative Agreement with Caltrans regarding
Caltrans Improvements in cities; to comply with all the terms and conditions of said
Cooperative Agreement; to pay invoices for such Caltrans Improvements as required by
Caltrans; and to invoice participating agencies in a timely manner with detailed
documentation of said Caltrans Improvements
f. Anaheim shall coordinate the work effort of this Project, provide the day-to-day
management of the consultant and manage all consultant administration and
contracting. Anaheim shall review the consultant's invoices and pay them accordingly
after ensuring that the work has been adequately performed by the consultant.
g. Anaheim shall provide its share of matching fund as shown in Exhibit A attached hereto
and incorporated herein by this reference. The final amount may vary and will be based
on the 20% of actual cost of implementing all timing, improvements and maintenance, as
identified in the project application.
h. Upon issuance of a Notice to Proceed to the Consultant, Anaheim can issue invoices to
Brea, Fullerton, and Orange for up to 80% of the cash match amount identified in Exhibit
A. The remaining cash match amount will be invoiced after completion of the Primary
Implementation Phase of the project.
i. Anaheim shall comply with all of the terms and conditions of the Cooperative Agreement
with OCTA, including the Project Reporting and Audit Requirements contained therein.
IV. RESPONSIBILITIES OF BREA:
Brea agrees to the following responsibilities:
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a. Brea shall provide its share of matching funds as shown in Exhibit A. The final amount
may vary and will be based on the 20% of actual cost of implementing all timing,
improvements, and maintenance, as identified in the project application.
b. Brea shall provide Construction Inspection on all improvements within its jurisdiction. No
additional compensation from the project is provided for providing inspection services.
c. Brea shall waive all costs and fees related to any and all permits, if such permits are
required to perform any project related work within its jurisdiction.
V. RESPONSIBILITIES OF FULLERTON:
Fullerton agrees to the following responsibilities:
a. Fullerton shall provide its share of matching funds as shown in Exhibit A. The final
amount may vary and will be based on the 20% of actual cost of implementing all timing,
improvements and maintenance, as identified in the project application.
b. Fullerton shall provide Construction Inspection on all improvements within its jurisdiction.
No additional compensation from the project is provided for providing inspection
services.
c. Fullerton shall waive all costs and fees related to any and all permits, if such permits are
required to perform any project related work within its jurisdiction.
VI. RESPONSIBILITIES OF ORANGE:
Orange agrees to the following responsibilities:
a. Orange shall provide its share of matching funds as shown in Exhibit A. The final
amount may vary and will be based on the 20% of actual cost of implementing all timing,
improvements and maintenance, as identified in the project application.
b. Orange shall provide Construction Inspection on all improvements within its jurisdiction.
No additional compensation from the project is provided for providing inspection
services.
c. Orange shall waive all costs and fees related to any and all permits, if such permits are
required to perform any project related work within its jurisdiction.
VII. COMPLETE AGREEMENT:
a. This Agreement, including any attachments incorporated herein and made applicable by
reference, constitutes the complete and exclusive statement of the terms and conditions
of this Agreement between ANAHEIM, BREA, FULLERTON, and ORANGE and it
supersedes all prior representations, understandings, and communications between the
parties. The invalidity in whole or in part of any term or condition of this Agreement shall
not affect the validity of other term(s) or conditions(s) of this Agreement. The above
referenced Recitals are true and correct and are incorporated by reference herein.
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b. Any modification of this Agreement shall only be by amendment upon written mutual
consent of all cities. All modifications, amendments, changes and revisions of this
Agreement in whole or in part, and from time to time, shall be binding upon the cities so
long as the same shall be in writing and executed by each agency.
c. A party's failure to insist on any instance(s) of any other party's performance of any
term(s) or condition(s) of this Agreement shall not be construed as a waiver of the non-
enforcing party's right to such performance or to future performance of such term(s) or
condition(s), and the nonperforming party's obligation in respect thereto shall continue in
full force and effect. Changes to any portion of this Agreement shall not be binding upon
either party except when specifically confirmed in writing by way of a written amendment
to this Agreement between the parties and issued in accordance with the provisions of
this Agreement.
VIII. INSURANCE AND INDEMNIFICATION:
a. Each city shall jointly and severally indemnify, defend and hold harmless every other
city, it's officers, directors, employees and agents from and against any and all claims for
any loss or damages, bodily injuries, damage to, or loss of property caused by the
negligent acts, omissions or willful misconduct by that city, its officers, directors,
employees or agents in connection with or arising out of the performance of this
Agreement.
b. Each city shall maintain adequate levels of insurance, or self-insurance to assure full
indemnification of every other city.
IX. ADDITIONAL PROVISIONS:
a. Term of Agreement: This Agreement shall commence on the date first written above and
continue in full force and effect until December 31, 2032. This Agreement may be
extended at the mutual consent of all parties in writing.
b. ANAHEIM, BREA, FULLERTON, and ORANGE hereto affirm 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.
c. 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.
d. 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 and
electronic signatures will be permitted.
e. In the event that the project costs exceed the estimates submitted in the Project
Application as prepared, all parties agree to meet and determine project revisions to
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meet the budget, or a revised funding proposal by the cities that shall be documented
and submitted in writing as a revision to the Agreement.
f. The parties shall comply with all applicable federal, state and local laws, statutes,
ordinances and regulations of any governmental agency having jurisdiction over the
project.
g. Force Majeure: Any 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
parties, 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.
h. Assignment: Neither this Agreement, nor any of the parties' rights, obligations, or duties
hereunder may be assigned in whole or in part by any party without the prior written
consent of all the other parties in their 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.
i. 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.
j. Governing Law: The laws of the State of California and applicable local and federal laws,
regulations and guidelines shall govern this Agreement.
k. 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.
I. Notices: Any notices, requests, or demands made between the parties pursuant to this
Agreement are to be directed as follows:
City of Anaheim
Public Works Department—Traffic Management Center
201 S. Anaheim Blvd, Suite 502
Anaheim, CA 92805
Jane Keely
Principal Traffic Engineer
714-765-5202
jkeely(a anaheim.net
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City of Brea
Public Works Department
1 Civic Center Circle
Brea, CA 92821
Ryan Chapman
City Engineer
714-990-7763
ryanch@cityofbrea.gov
City of Fullerton
Public Works Department
303 W Commonwealth Avenue
Fullerton, CA 92832
Michael Plotnik
City Traffic Engineer
714-738-6864
michael.plotnik@cityoffullerton.com
City of Orange
Public Works Department
300 E. Chapman Avenue
Orange, CA 92866
Gabrielle Hayes
Principal Civil Engineer
714-744-5561
ghayes@cityoforange.org
X. DELAGATED AUTHORITY:
The actions required to be taken by the cities in the implementation of this Agreement are
delegated to its City Manager or equivalent designee.
SIGNATURES ON SUBSEQUENT PAGES]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written:
CITY OF ANAHEIM:
7
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Interim City Manager M
cy</
AT ST: u' 01i .!
o
er ass NEED
City Irk
APPROVED AS TO FORM:
BERT FAB TY ATTORNEY
ryn . Morley
Depu City Attor y
157425
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
CITY OF BREA:
Kristin i
City M a
ATTEST:
ictoria opescu
City Clerk
APPROVED AS TO FORM:
Terence Boga
City Attorney
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written:
CITY O FULLERTON:
Eddie Manfro
City Manager
A TEST:
L cinda Will ams
C ty Clerk
APPROVED AS TO FORM:
Richard D. Jones
City Attorney
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written:
CITY OF ORANGE:
Signed by:
Jarkrri eenbrand
City Manager
ATTEST:
Signed by:
ONigrADrRan
City Clerk
APPROVED AS TO FORM:
DocuSigned by:
tgatYigigDR4l Pian ,/
City Attorney
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