SR - AGR-6664 - COOPERATIVE AGREEMENT NO. C-8-1797 GARDEN GROVE BLVD REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT .
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�•�. q�oa November 13 2018
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TO� Honorable Mayor and . Reviewed/Verifie y:
Members of the City Council. c�cy Maaagei
THRU: Rick Otto
Finance Dire tor
To Be Pres
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City:Manager.:
Christo her Cash
• X Gons Calendar : Gity Mgr Rpts;
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FROM: Christoph;er Cas
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Council Reports:: . Legal Affairs :: .
Public Works Di ector
Boards/Cmtes Public Hrgs:
Admin Repbrts
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1. SUBJECT . _
Cooperative Agreement No. C-8-1797 by and between:Orarige County Transporta�ion Authority
(OCTA) and the .Cities of Orange, Garden Grove, : Santa: Ana, and :Westminster for :the
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implementation of the Garden:Grove Boulevard.Regional Traffic Signal Synchronization:Project
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funded as part of the Measure M2 Regional Traffic Si nal S chronization:Pro ram Pro'ect P . �
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2. SUMMARY
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This Cooperative Agreement among the agencies establishes the respective:responsibilities of:
each ageney for the inter=jurisdictional traffic signal syncliroriization along tlie corridor of Garden
Grove Boulevaid.
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3: RECOMMENDED ACTION
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A rove Coo erative A reemerit No: C=8-1797 arid authorize tlie Ma or and the Cit Clerk to
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execute on behalf of the.City.
4. FISCAL IMPACT: _
The total expenditure for.. this :agreement is, $7;000 and will.. be funded iri Garden;;Grove :_
Boulevard Re ional Traffic:Si rial:S nchronization: 20376 throu Ii:TSIP "B" 284 :: . ::
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5. STRAT:EGIC PLAN GOA.L(S) . . _ .. .
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lb. Provide for a:safe comiiiumty —:Provi e:an mairitain in rastructure necessary to ensure :t e
safety of the public: :; ,
3e. Develop and strengthen the�collaborative partnership to enhance.and promote tlie quality of
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Iife programs;:projects and services...
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ITEM _ 11/13/2018
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6. GENERAL PLAN IMPLEMENTATION
Circulation and Mobility Goal 1.0: Provide a safe, efficient, and comprehensive circulation
system that serves local needs, meets forecasted demands, and sustains quality of life in
neighborhoods.
Policy 1.2: Identify key intersections and streets with historical or projected traffic congestion
problems and apply creative traffic management measure to improve overall circulation.
7. DISCUSSION and BACKGROUND
OCTA issued a call for projects for coordinating traffic signals across multiple jurisdictional
boundaries as part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization
Program Project P to enhance countywide traffic flow and reduce congestion.
In response to the call, the City of Garden Grove, with the participation of the Cities of Orange,
� Santa Ana, and Westminster, initiated an application and was awarded Project P funds for the
synchronization of the traffic signals along the Garden Grove Boulevard Corridor. The 8.7-mile
corridor between Valley View Street in Garden Grove and Bristol Street in Santa Ana includes
34 traffic signals across the five jurisdictions of Caltrans, Westminster, Garden Grove, Orange,
and Santa Ana. The corridor includes one City of Orange intersection: Garden Grove
BoulevardlMemory Lane and The City Drive.
The project will include improvements identified in the application. In the City of Orange, the
improvements include,synchronized timing, installation of a closed-circuit television camera, and
controller upgrade.
The total project cost is $2,637,088. The participating agencies agreed to a combined cash and
in-kind match (staffing, equipment purchase) of $529,168 representing approximately twenty
percent (20°Io) of the total project cost. Orange's share of the project cost includes $6,200 in
direct dollar match and$720 in-kind match in the form of staffing support.
The Cooperative Agreement describes the duties and responsibilities, including funding
obligations of all the participating agencies. OCTA was designated and agreed to act as the
implementing agency to carry out project implementation. Participating agencies will be
responsible for coordinating the installation of their elements during the course of the project and
on-going maintenance and operation after the three-year grant period. When completed,
vehicular traffic in a synchronized corridor will often pass through a series of green lights before
stopping.
8. ATTACHMENTS
• Location Map
• Cooperative Agmt. C-8-1797
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M�� C�fi�DEN CR01�� S D : .
GORRI DOR
1 COOPERATIVE AGREEMEN�' MO. C-8-1797
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITIES OF GARDEN GROVE, ORANGE, SANTA ANA, AND WESTMINSTER
6 FOR
7 GARDEN GROVE BOULEVARD REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM
8 PROJECT
9 THIS COOPERATIVE AGREEMENT (Agreement), is effective this day of
10 , 201_, by and between the Orange County Transportation Authority, 550 South
11 Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of
12 California (herein referred to as"AUTHORITY") and the cities of Garden Grove, Orange, Santa Ana and
13 Westminster (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 Renewed
18 Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP or Project P) to enhance
19 countywide traffic flow and reduce congestion; and
20 WHEREAS, the AUTHORITY has completed the competitive 2018 Call for Projects
21 (hereinafter, "2018 CALL") in support of Project P and awarded Project P funds based on the application
22 (hereinafter, "APPLICATION") prepared by the City of Garden Grove (hereinafter referred to as the
23 "APPLICANT AGENCY") for implementation of signal synchronization of traffic signals along Garden
24 Grove Boulevard between the intersections of Valley View Street located in the City of Garden Grove and
25 Memory Lane/Bristol Street located in the City of Santa Ana (hereinafter, "PROJECT"); and
26 /
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COOPERATIVE AGREEMENT N0. C-8-1797
GARDEN GROVE BOULEVARD—RTSSP
1 WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected to
2 designate the AUTHORITY and the AUTHORITY agrees to act as the implementing agency to carry out
3 PROJECT; and
4 WHEREAS, the PROJECT will include approximately thirty-four (34) traffic signalized
5 intersections as identified in the APPLICATION; and
6 WHEREAS, the PROJECT will include Intelligent Transportation System (ITS) elements
7 identified in the APPLICATION including certain hardware and software upgrades to intersection and
8 central control systems including Advanced Transportation Controller units (ATC), telematics and
9 interconnect systems, Advanced Transportation Management Systems (ATMS), Roadside Units
10 (RSU), and other associated systems (hereinafter collectively referred to as "ITS ELEMENTS"), will
11 be constructed and/or installed and implemented as part of the PROJECT as identified in the
12 APPLICATION; and
13 WHEREAS, the AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate
14 the inclusion of other ITS elements (hereinafter OTHER ELEMENTS) that should be installed at the
15 same time as the construction of the PROJECT and are not part of this Agreement; and
16 WHEREAS, all costs associated with the inclusion of these OTHER ELEMENTS, if any, are
17 the sole responsibility of the AGENCY owning each and any of those OTHER ELEMENTS during the
18 course of the project; and
19 WHEREAS, AUTHORITY and each respective Party acknowledge and understand that
20 in-house resources (staf� from Party will provide various services for PROJECT, and
21 WHEREAS, AUTHORITY and each respective Party acknowledge and understand that
22 PROJECT costs for various types of additional work required by each respective Party, by its staff, or
23 by policy, may not have been included in the original application and therefore costs to contractors or
24 - consultants to comply with staff requirements are not included in the PROJECT allocation; and
25 WHEREAS, AUTHORITY and Parties agree that these costs will be paid by PROJECT; and
26 /
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COOPERATIVE AGREEMENT NO. C-8-1797
GARDEN GROVE BOULEVARD—RTSSP
1 WHEREAS, Parties and each respective Party acknowledge and understand that the costs for
2 the additional work may be reversed by AUTHORITY's Audit; and
3 WHEREAS, based on AUTHORITY's Board of Directors approved PROJECT ALLOCATION and
4 APPLICATION, the AUTHORITY agrees to implement the PROJECT; and
5 WHEREAS, �the PARTICIPATING AGENCIES per the M2 Ordinance, agree to provide
6 PROJECT funding in a combined cash and in-kind services match of Five Hundred Twenty Nine
7 Thousand One Hundred Sixty Seven Dollars and Fifty Five cents($529,167.55), as shown in Attachment
8 A, or equivalent to at least twenty percent(20%) of PROJECT cost; and
9 WHEREAS, the AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this
10 Agreement to implement the PROJECT in support of Project P; and
11 WHEREAS, this Agreement defines the specific terms, conditions, and funding responsibilities
12 between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation of the
13 PROJECT; and
14 WHEREAS, the AUTHORITY's Board of Directors authorized funding for the PROJECT on
15 June 11, 2018; and
16 WHEREAS, the AUTHORITY's Board of Directors authorized this cooperative agreement on
17 September 10, 2018.
18 WHEREAS, the City of Garden Grove's City Council approved this Agreement on the day
19 of , 20
20 WHEREAS, the City of Orange's City Council approved this Agreement on the day
21 of , 20
22 WHEREAS, the City of Santa Ana's City Council approved this Agreement on the day
23 of , 20
24 WHEREAS, the City of Westminster's City Council approved this Agreement on the day -
25 of , 20
26 /
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COOPERATIVE AGREEMENT NO. C-8-1797
GARDEN GROVE BOULEVARD—RTSSP
1 MOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the PARTICIPATING
2 AGENCIES as follows:
3 ARTICLE 1. COMPLETE AGREEMENT
4 A. This Agreement, including any attachments incorporated herein and made applicable by
5 reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this
6 Agreement between AUTHORITY and PARTICIPATING AGENCIES and it supersedes all prior
7 representations, understandings, and communications. The invalidity in whole or in part of any term or
8 condition of this Agreement shall not affect the validity of other term(s)or conditions(s) of this Agreement.
9 The above referenced Recitals are true and correct and are incorporated by reference herein.
10 B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES'
11 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
12 relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or
13 condition(s), and PARTICIPATING AGENCIES' obligation in respect thereto shall continue in full force
14 and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when
15 specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written
16 amendment to this Agreement and issued in accordance with the provisions of this Agreement.
17 C. PARTICIPATING AGENCIES'failure to insist on any instance(s) of AUTHORITY's
18 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
19 relinquishment of PARTICIPATING AGENCIES' right to such performance or to future performance of
20 such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force
21 and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING
22 AGENCIES except when specifically confirmed in writing by an authorized representative of
23 PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in
- 24 accordance with the provisions of this Agreement.
25 /
26 /
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COOPERATIVE AGREEMENT NO. C-8-1797
GARDEN GROVE BOULEVARD—RTSSP
1 ARTICLE 2. SCOPE OF AGREEMENT
2 This Agreement specifies the roles and responsibilities of the Parties as they pertain to the
3 subjects and projects addressed herein. Both AUTHORITY and PARTICIPATING AGENCIES agree
4 that each will cooperate and coordinate with the other in all activities covered by this Agreement and any
5 other supplemental agreements that may be required to facilitate purposes thereof.
6 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
7 AUTHORITY agrees to the following responsibilities,forfunding of the PROJECT:
8 A. AUTHORITY shall implement the PROJECT based on the intent of the usage in the
9 APPLICATION prepared by the APPLICANT AGENCY in accordance with the policies and procedures
10 contained in the Comprehensive Transportation Funding Program (CTFP)guidelines.
11 B. AUTHORITY shall provide oversight to maintain inter jurisdictional traffic signal
12 operational integrity between PROJECT and other similar type projects not older than three (3) years.
13 C. AUTHORITY will act as the LEAD AGENCY and provide and file all documentation
14 necessary to comply with California Environmental Quality Act (CEQA) regulations for PROJECT.
15 D. AUTHORITY shall perForm web-based public outreach activities for the project to
16 communicate major project milestones and results.
17 E. AUTHORITY shall provide formats,templates, and guidance in reporting requirements as
18 described in CTFP.
19 F. AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of
20 PROJECT, may perform a technical and/or field review to ensure that the CTFP guidelines, policies, and
21 procedures were followed. Such a review may be performed one hundred and eighty(180)days after the
22 PROJECT three-year grant period is complete. If the technical and or field review determines that any of
23 the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must reimburse
- 24 and return the amount of funding used to perform the ineligible activity to AUTHORITY. -
25 /
26 /
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COOPERATIVE AGREEMENT NO. C-8-1797
GARDEN GROVE BOULEVARD—RTSSP
1 G. AUTHORITY shall invoice the PARTICIPATING AGENCIES as identified in
2 APPLICATION and Attachment A for the dollar cash match at the end of the Primary Implementation
3 phase or at a mutually agreed upon time to facilitate any respective AGENCY funding timeframes.
4 H. AUTHORITY shall request updates,for the PROJECT as part of semi-annual review
5 process, including documentation of in-kind match conforming to Attachment A and will include the
6 PROJECT in the list of active projects in OC Fund Tracker until completion of the three-year grant period.
7 Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders.
8 ARTICLE 4. RESPONSIBILITIES OF THE AUTHORIT1(AS PROJECT LEAD AGENCY
9 The AUTHORITY as the LEAD AGENCY agrees to the following responsibilities for the �
10 implementation of the PROJECT:
11 A. AUTHORITY shall act as the LEAD AGENCY for the work necessary to manage, procure,
12 and complete the PROJECT as identified in APPLICATION.
;
13 B. To coordinate outreach with PARTICIPATING AGENCIES for PROJECT.
,
14 C. To collect all data necessary to provide new optimized timing plans including, but not
15 limited to,manual or video all movement counts at each PROJECT signalized intersection,and a mutually
16 agreed upon number and location of twenty-four (24) hour/ seven (7) day automated machine traffic
17 counts with vehicle classification.
18 D. To develop and implement new timing plans optimized for signal synchronization.
19 , E. To�provide updated timing plans for all control systems and all relevant data used to
20 develop said plans to PARTICIPATING AGENCIES. �
21 F. To prepare a "Before and After Study" for PROJECT as described in the Measure M2
22 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 6.111.9) for PROJECT. The AUTHORITY shall provide the "Before and After Study" to -the
25 PARTICIPATING AGENCIES in draft and final formats for review and comment.
26 AGENCY comments shall be noted in the final study. If specified in APPLICATION, AUTHORITY shall
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COOPERATIVE AGREEMENT NO. C-8-1797
GARDEN GROVE BOULEVARD—RTSSP
1 provide a"Before and After Study"video of a representative portion of PROJECT at up to two (2) public
2 meetings.
3 ARTICLE 5. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES
4 PARTICIPATING AGENCIES agree to the following responsibilities for implementation and
5 funding of PROJECT:
6 A. Provide a technical representative to meet and participate as a member of the
7 PROJECT's Traffic Forum.
8 B. To authorize the AUTHORITY to manage, procure, and implement all aspects of
9 PROJECT.
10 C. To participate and support PROJECT implementation within the timeframe outlined in
11 APPLICATION and consistent with the CTFP Guidelines adopted by AUTHORITY.
12 D. To provide AUTHORITY all current intersection as-built drawings, all current
13 intersections controller assembly plans as provided by the manufacturer and modified by Party since
14 original installation, local field master, local controller, and ATMS timing plans and other ITS related
15 data upon request.
16 E. To provide the local cash match and/or documentation for the in-kind services match
17 for PROJECT in accordance with Attachment A. Failure to provide local cash match and or evidence
18 of in-kind services match may result in the loss of future participation for competitive funding
19 opportunities.
20 F. PARTICIPATING AGENCIES that have included a dollar match as identified in
21 Attachment A shall provide payment for the dollar match to AUTHORITY within thirty (30) calendar
22 days of receipt of an invoice.
23 G. PARTICIPATING AGENCIES that have included an in-kind services match as identified
24 in Attachment A shall provide docurt�entation of conformance as part of,the semi-annual review process.
25 H. To waive all fees associated with any local agency permits that may be required of the
26 consultant, sub consultants, and/or service or equipment providers in the pertormance of the PROJECT.
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� COOPERATIVE AGREEMENT NO. C-8-1797
GARDEN GROVE BOULEVARD—RTSSP
1 I. PARTICIPATING AGENCIES shall provide updates on PROJECT to AUTHORITY as
2 part of semi-annual review process until completion of the three-year PROJECT grant period. Documents
3 to be provided include, but are not limited to, payroll records, contracts, and purchase orders.
4 J. PARTICIPATING AGENCIES shall, if specified in APPLICATION, continue Ongoing
5 Operations and Maintenance after the three-year grant period is complete and continue until the end of
6 the PROJECT per additional maintenance of effort in APPLICATION.
7 K. The project is partially funded by Senate Bill 1 (SB-1) and PARTICIPATING AGENCIES
8 agree to comply with all applicable SB-1 Accountability Guidelines, Local Partnership Program and State
9 requirements.
10 ARTICLE 6. DELEGATED AUTHORITY
11 The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this
12 Agreement are delegated to their respective City Manager, or designee, and the actions required to be
13 taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief
14 Executive Officer or designee.
15 ARTICLE 7. AUDIT AND INSPECTION
16 AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in
17 accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING
18 AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work,
19 materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a
20 period of five (5) years after final payment, final closeout, or until any on-going audit is completed,
21 whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of
22 AUTHORITY's payment of consultant's final billing (so noted on the paid invoice) under this Agreement.
23 AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above
24 provision with respect to audits shall extend to and/or be included in contracts with PARTICIPATING
25 AGENCIES' contractor.
26 /
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COOPERATIVE AGREEMENT NO. C-8-1797
GARDEN GROVE BOULEVARD—RTSSP
1 ARTICLE 8. INDEMNIFICATION
2 A. To the fullest extent permitted by law, PARTICIPATIiVG AGEIVCIES shall defend
3 (at PARTICIPATING AGENCIES' sole cost and expense with legal counsel reasonably acceptable to
4 AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, and its officers, directors, employees,
5 and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits,
6 claims, demands, losses, costs,judgments, arbitration awards, settlements, damages, demands, orders,
7 penalties, and expenses including legal costs and attorney fees (collectively"Claims"), including but not
8 limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCIES' employees
9 included),for damage to property, including property owned by AUTHORITY, or from any violation of any
10 federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful
11 misconduct of PARTICIPATING AGENCIES, its officers, directors, employees or agents in connection
12 with or arising out of the performance of this Agreement.
13 B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole
14 cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES), indemnify,
15 protect, and hold harmless PARTICIPATING AGENCIES, including their officers, directors, employees,
16 and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits,
17 claims, demands, losses, costs,judgments, arbitration awards, settlements, damages, demands, orders,
18 penalties, and expenses including legal costs and attorney fees (collectively"Claims"), including but not
19 limited to Claims arising from injuries to or death of persons (AUTHORITY's employees included), for
20 damage to property, including property owned by PARTICIPATING AGENCIES, or from any violation of
21 any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or
22 willful misconduct of AUTHORITY,its officers,directors,employees or agents in connection with or arising
23 out of the performance of this Agreement.
24 C. The indemnification and defense obligations of this Agreement shall survive its expiration
25 or termination.
26 /
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COOPERATIVE AGREEMENT NO. C-8-1797
GARDEN GROVE BOULEVARD—RTSSP
1 ARTICLE 9. ADDITIONAL. PROVISIOIVS
2 A. Term of Aqreement: This Agreement shall be in fuli force and effect through
3 December 31, 2023.
4 B. Amendment: This Agreement may be extended or amended in writing at any time by the
5 mutual consent of all Parties and AUTHORITY. No amendment shall have any force or effect unless
6 executed in writing by all Parties and AUTHORITY.
7 C. Termination: In the event any Party defaults in the performance of their respective
8 obligations under this Agreement or breaches any of the provisions of this Agreement, a non-defaulting
9 Party(s) shall have the option to terminate this Agreement upon thirty (30) calendar days prior written
10 notice to the Party in default.
11 D. Termination for Convenience: Either Party may terminate this Agreement for its
12 convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for
13 convenience to the other Party.
14 E. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal,
15 state, and local laws, statues, ordinances and regulations of any governmental authority having
16 jurisdiction over the PROJECT.
17 F. Leqal Authoritv: AUTHORITY and PARTICIPATING AGENCIES hereto consent thatthey
18 are authorized to execute this Agreement on behalf of said Parties and that, by so executing this
19 Agreement, the Parties hereto are formally bound to the provisions of this Agreement.
20 G. Severabilitv: If any term, provision, covenant or condition of this Agreement is held to be
21 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
22 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
23 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
24 H. Counterparts of Aqreement: This Agreement may be executed and delivered in any
25 number of counterparts, each of which,when executed and delivered shall be deemed an original and all
26 of which together shall constitute the same agreement. Facsimile signatures shall be permitted.
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COOPERATIVE AGREEMENT NO. C-8-1797
GARDEN GROVE BOULEVARD—RTSSP
1 I. Assiqnment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or
2 authority hereunder may be assigned in whole or in part by either Party without the prior written consent
3 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed
4 void and of no force and effect. Consent to one assignment shall be deemed consent to any subsequent
5 assignment, nor the waiver of any right to consent to such subsequent assignment.
6 J. Governinq Law: The laws of the State of California and applicable local and federal laws,
7 regulations and guidelines shall govern this Agreement.
8 K. Litiqation fees: Should litigation arise out of this Agreement for the perFormance thereof,
9 the court shall award costs and expenses, including attorney's fees, to the prevailing Party.
10 L. Notices: Any notices, requests, or demands made between the Parties pursuant to this
11 Agreement are to be directed as follows:
12 /
13 /
14 /
15 /
16 /
17 /
18 /
19 /
20 /
21 /
22 /
23 /
24 / - -
25 /
26 /
Page 11 of 17
L:\Camm1CLERl CAL\WORDPROCIAGREE�AG81797.docx
COOPERATIVE AGREEMENT NO. C-8-1797
GARDEN GROVE BOULEVARD—RTSSP
� To GARDEN GFtOVE: To AUTHORITY:
2 City of Garden Grove Orange County Transportation Authority
3 11222 Acacia Parkway 550 South Main Street
4 Garden Grove, CA 92842 P. O. Box 14184
5 - Orange, CA 92863-1584
6 Attention: Dai Vu ` Attention: Michael Le
7 Traffic Engineer Contract Administrator
$ Tel: (714) 741-5189 Tel: (714) 560-5314
g Email: daivCa�qarden-qrove.orq E-mail: mle1(cr�.octa.net
10 To ORANGE: To WESTMINSTER:
11 City of Orange City of Westminster
�2 300 E. Chapman Avenue 8200 Westminster Boulevard
13 Orange, CA 92866 Westminster, CA 92683
14
15 Attention: Kathy Nguyen Attention: Adolfo Ozaeta
16 Senior Civil Engineer Traffic Engineer
17 Tel: (714) 744-5528 Tel: (714) 548-3462
18 Email: knquvenCa�citvoforanqe.orq Email: aozaeta(u�ci.westminster.ca.us
19 To SANTA ANA:
20 City of Santa Ana
2� 20 Civic Center Plaza, M-43
22 Santa Ana, CA 92702
23 Attention: Cesar Rodriguez
24 Acting Senior Civil Engineer -
25 Tel: (714) 647-5626
26 Email: CrodriquezCa�santa-ana.orq
Page,12 of 17
L:\Camm\CLERICAL\WORDPRO CWGREEWG81797.docx
COOPERATIVE AGREEMENT NO. C-8-1797
GARDEN GROVE BOULEVARD—RTSSP
1 M. Force Maieure: Either Party shall be excused from performing its obligations under this
2 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
3 cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God;
4 commandeering of material, products, plants or facilities by the federal,state or local government; national
5 fuel shortage; or a material act or omission by the other Party,when satisfactory evidence of such cause
6 is presented to the other Party, and provided further that such nonpertormance is unforeseeable, beyond
7 the control and is not due to the fault or negligence of the Party not perForming.
8 /
9 /
10 /
11 /
12 /
13 /
14 /
15 /
16 /
17 /
18 /
19 /
20 /
21 /
22 /
23 /
24 - / -
25 /
26 /
Page 13 of 17
L:\Camm\CLERI CAL\WORDPRO CWGREE\AG81797.docx
COOPERATIVE AGREEMENT NO. C-8-1797
GARDEN GROVE BOULEVARD—RTSSP
1 This Agreement shall be made effective upon execution by all Parties.
2 IiV WITNESS IfiIHEREOF, the parties hereto have caused this Agreement No. C-8-1797 to be
3 executed on the date first written above.
4 CITY OF GARDEN GROVE ORANGE COUNTY TRANSPORTATION AUTHORITY
5
6 By: By:
- 7 Steve Jones Darrell E. Johnson
Mayor Chief Executive Officer
8
9 ATTEST: APPROVAL RECOMMENDED:
10
11 gy. gy.
�2 Teresa Pomeroy, CMC Kia Mortazavi
City Clerk Executive Director, Planning
13
14
15 Dated:
16 APPROVED AS TO FORM
17
18 By'
Omar Sandoval
�g City Attorney
20
2� Dated:
22 �
23
24- - -
25
26
Page 14 of 17
L:\Camm\CLERI CAL\WORDP RO CWG REE�AG81797.docx
COOPERATIVE AGREEMENT NO. C-8-1797
GARDEN GROVE BOULEVARD—RTSSP
1
2 This Agreement shall be made efrective upon execution by all Parties.
3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-8-1797 to be
4 executed on the date first written above.
5 CITY OF ORANGE
6
7 By:
Teresa E. Smith
$ Mayor
9
10 ATTEST:
11
12 gy:
13 Mary E. Murphy -
City Clerk
14
APPROVED AS TO FORM
15
16
By:
�7 Wayne W.Winthers
�$ City Attorney
. �g
20 Dated:
21
22
23
- 24 -
25
26
Page 15 of 17
L:\Camm1CLERl CAL\WORDPROCWGREEWG81797.docx
COOPERATIVE AGREEMENT NO. C-8-1797
GARDEN GROVE BOULEVARD—RTSSP
1
2 This Agreement shall be made eifective upon execution by aii Parties.
3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-8-1797 to be
4 executed on the date first written above.
5 CITY OF SANTA ANA
6
7 By:
Raul Godinez II
$ City Manager
9
10 ATTEST:
11
12 gy:
13 Maria D. Huizar
Clerk of the Council
14
APPROVED AS TO FORM
15
16
By:
17 Sonia R. Carvalho
�$ City Attorney
19
20 Dated:
21
22
23
- 24 - -
25
26
Page 16 of 17
L:\Camm\CLERICALIWORDP ROC�P,GREE1AG81797.docx
COOPERATIVE AGREEMENT NO. C-8-1797
GARDEN GROVE BOULEVARD—RTSSP
1
2 This Agreement shall be made effective upon execution by all Parties.
3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-8-1797 to be
4 executed on the date first written above.
5 CITY OF WESTMINSTER
6
7 By:
Tri Ta
$ Mayor
9
10 ATTEST:
11
12 gy:
13 Christine Cordon
City Clerk
14
APPROVED AS TO FORM
15
16
By:
�7 City Attorney
18
�9 Dated:
20
21
22
23
24 - -
25
26
Page 17 of 17
L:\Camm\C LERICALIWORDPRO CIAGREE�AG81797.docx
� COOPERATIVE AGREEMENT NO. C-8-1797
GARDEN GROVE BOULEVARD -RTSSP
ATTACHMENT A
DETAILED LOCAL MATCH COMMITMENT
SECTION 1: AGENCY TOTAL MATCH SUMMARY
' � ` CA�H MATCH ,,:.IN KIND MATCFI* ;:TOTAL MATCFi,
Y Ongomg On o�ng On o�ng
: �
' Pnmary Momtoring� Primary Mont ormg Primary Mon oring
._ f
d
5 _ �
; Implementat�on & '; Implementafion & Implementation � &
; ,... ,.
r..AGENCY...�. :,. �;Maintenance :: r:
,� ,.,...Maintenance :: ° '
....�. .. ..... . . .�..::. ..., .. .... ..,r, ..._.� .,... ..;Maintenance�:
City of $438,392.50 $96,560.00 $438,392.50 $ 96,560.00
Garden $p
Grove $454,952.50 $454,952.50
City of $6�200.05 $720.00 �0 $6,200.05 $720.00
Orange $6,920.05 $6,920.05
City of $4,700.00 $720.00 �O $4,700.00 $720.00
Santa Ana $ 5,420.00
$5,420.00
City of �55,395.00 $6,480.00 $55,395.00 $6,480.00
Westminster ��
$61,875.00 $61,875.00
:; ;� � $504,687 55 $24,480 00 - $0 $0 $504,687 55 $;24,480 00
.. <,
.. ..,. . ....:, ... :.. . . ..._ .... ...,..
..:: . ..... ._...:.. �F
. .
:.; T.OTAL....=: ,..,.,; ....$..629,767:55 ..,.r: .. � , :• . . ...':
,$
0 ":. . . � .,;. ;: .:$:529,167�55, ' ,:,,
,.. < ., .< ..... . ...;:.. , ..
*In-kind match may be converted fo cash match if agency does not satisfy in-kind match commitment by fhe end of the '
respective phase. However, Cash Match is NOT allowed fo be converted to in-kind mafch.
SECTION 2: MATCH BREAKDOWN (CASH VS IN-KIND SERVICES)
A. Cash Match •
:; r:AGENCY � ' FUNDING SOURCE = AMOUNT.OF CASH CONTRIBUTION;�. ;:
City of Garden Grove Measure M $454,952.50
City of Orange Other $6,920.05
City of Santa Ana M2 Fairshare $5,420.00
City of Westminster Other $61,875.00
TOTAL $529,167.55
Page A- 1 ,
COOPERATIVE AGREEMENT NO. C-8-1797
GARDEN GROVE BOULEVARD -RTSSP
ATTACHMENT A
B. {n-Kind Services
i. Spec�c Improvemenfs(List items and Cosf):
�
� , , - Date of :
,
, ' ,Agency; � ,. ' , Improv�ment > ,C,onsfruc4ion x,. ' j�cpendituee
N/A
TOTAL $0
ii. Staffin Commitment:
` TYPE OF$ERVICE NO OF FULLY ,
AGENCY STAFF POSITION , BURDENED TOTAL**
, TO PROJECT HOURS
...,.-� . ..... .: ... ::�: ...,::.... .
.,. ...<. <:.. .. _..:; .....:.: . ...... .......: . .....::..�.,HOURLY�RATE:.
N/A
Total: $0
TOTAL IN-KIND MATCH**: $ 0
**Total amount is the required participation by the idenf�ed agency. The number of hours and houdy rate wil!be based on
each agency's actual fully burr�ffened billing rates,which must collectively equal the same value of the assigned`Total"dollars.
Each agency wilf be responsible forkeeping defailed recorrJs of hours woriced and descrip6on of work. An accounting recoid
of personnel,hours af fully burtiened rate is expecfed to be included with the final submittaL Records wil!be subjecf to
audifing.
PageA-2
CITY COUNCIL MINUTES NOVEMBER 13, 2018
3. CONSENT CALENDAR(Continued)
3.7 Award of Consultant Services Agreement to KOA Corporation for preparing plans,
specifications,and estimates for Traffic Engineering Services on Chapman Avenue at
Flower Street Left Turn Signal Modifications and Chapman Avenue at Feldner Road
Left Turn Signal Modifications. (A2100.0; AGR-6663)
ACTION: Awarded the contract in the amount of $39,464 to KOA Corporation; and
authorized the Mayor and City Clerk to execute on behalf of the City.
3.8 Cooperative Agreement No. C-8-1797 by and between Orange County
Transportation Authority and the Cities of Orange, Garden Grove, Santa Ana, and
� Westminster for the implementation of the Garden Grove Boulevard Regional Traffic
Signal Synchronization Project funded as part of the Measure M2 Regional Traffic
Signal Synchronization Program. (A2100.0; AGR-6664)
ACTION:Approved Cooperative Agreement No. C-8-1797,and authorized the Mayor and
City Clerk to execute on behalf of the City.
3.9 Cooperative Agreement No. C-8-1798 by and between Orange County
Transportation Authority and the Cities of Orange, Anaheim, Cypress, Garden
Grove, Los Alamitos, Stanton, Villa Park, and County of Orange for the
implementation of the Katella Avenue Regional Traffic Signal Synchronization
Project funded as part of the Measure M2 Regional Traffic Signal Synchronization
Program. (A2100.0; AGR-6665)
ACTION: Approved Cooperative Agreement No. C-8-1798,and authorized the Mayor and
City Clerk to execute on behalf of the City.
3.10 Cooperative Agreement No. C-8-1800 by and between Orange County
Transportation Authority and the Cities of Orange, Irvine, and Santa Ana for the
implementation of the Main Street Regional Traffic Signal Synchronization Project
funded as part of the Measure M2 Regional Traffic Signal Synchronization Program.
(A2100.0; AGR-6666)
ACTION: Authorized the appropriation of $5,000 from the unreserved TSIP "B" (284)
fund balance to expenditure account 284.5032.56100.20191 for the City of Orange's share
of project cost; and approved Cooperative Agreement No. C-8-1800 and authorized the
Mayor and City Clerk to execute on behalf of the City.
3.11 Cooperative Agreement No. C-8-2015 by and between Orange County
Transportation Authority and the Cities of Aliso Viejo,Anaheim,Brea,Buena Park,
Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove,
, Huntington Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna
Woods, La Habra, Lake Forest, Mission Viejo, La Palma, Los Alamitos, Newport
Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan
Capistrano, Santa Ana, Seal Beach, Stanton,Tustin,Villa Park,Westminster,Yorba
Linda, and the County of Orange for administration of the Orange County Taxi
Administration Program. (A2100.0; AGR-6667)
ACTION: Approved Cooperative Agreement No. C-8-2015 and authorized the City
Manager and City Clerk to execute on behalf of the City.
PAGE 4