HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (10)Return FULLY EXECUTED
IRSIM
copy to COTC, M-30
wMeW
WOW A-2021-214
0
ta3
1 COOPERATIVE AGREEMENT NO. C-1-3598
0 2 BETWEEN
3 ORANi ION AUTHORITY
4 \\
A� 5{ f
�CITIES OF HUNTI �, TUSTIN, WESTMINSTER,
6 ANGE
7 wwki&
8 FIRST STREET / BOLSA 9C SIGNAL SYNCHRONIZATION
9 PROGRAM PROJECT
10 THIS COOPERATIVE AGREEMENT (Agreement), is effective this day of
11 , 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 Chica 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
COOPERATIVE AGREEMENT NO. C-13598
FIRST STREET / BOLSA AVENUE RTSSP PROJECT
WHEREAS, the PARTICIPATING AGENCIES agree to abide by the Comprehensive
Transportation Funding Program Guidelines and M2 Ordinance, including all revisions; and
WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected to
designate the AUTHORITY and the AUTHORITY agrees to act as the implementing agency to carry out
the PROJECT; and
WHEREAS, the PROJECT will include approximately fifty five (55) traffic signalized
intersections along the main corridor and five (5) offset from the main corridor as identified in the
APPLICATION; and
WHEREAS, the PROJECT will include Intelligent Transportation System (ITS) elements as
identified in the APPLICATION and other associated systems (hereinafter collectively referred to as
"ITS ELEMENTS"), that will be constructed and/or installed and implemented as part of the PROJECT
as identified in the APPLICATION; and
WHEREAS, the AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate
the inclusion of other ITS ELEMENTS (hereinafter OTHER ELEMENTS) that should be installed
before or at the same time as the construction of the PROJECT and are not part of this Agreement;
and
WHEREAS, all costs associated with the inclusion of these OTHER ELEMENTS, if any, are
the sole responsibility of the AGENCY owning each and any of those OTHER ELEMENTS; and
WHEREAS, AUTHORITY and each respective Party acknowledges and understands that
in-house resources (staff hours) from Party will provide various services for the PROJECT per the
APPLICATION; and
WHEREAS, AUTHORITY and each respective Party acknowledge and understand that
PROJECT costs for various types of additional work required by each respective Party may not have
been included in the original application and therefore costs are not included in the PROJECT
allocation; and
Page 2 of 18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET / BOLSA AVENUE RTSSP PROJECT
WHEREAS, AUTHORITY and each respective Party agree that these additional costs will be
paid by the PROJECT with written approval by AUTHORITY, which may result in additional dollar
match; and
WHEREAS, Parties acknowledge and understand that the costs for the additional work may
be reversed by AUTHORITY's Audit; and
WHEREAS, based on AUTHORITY's Board of Directors approved PROJECT ALLOCATION and
APPLICATION, the AUTHORITY agrees to implement the PROJECT; and
WHEREAS, the AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this
Agreement to implement the PROJECT in support of Project P; and
WHEREAS, this Agreement defines the specific terms, conditions, and funding responsibilities
between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation of the
PROJECT: and
WHEREAS, the AUTHORITY's Board of Directors authorized funding for the PROJECT on
May 10, 2021; and
WHEREAS, the AUTHORITY's Board of Directors authorized this cooperative agreement on
August 9.2021.
WHEREAS, the City of Huntington Beach's City Council approved this Agreement on the
day of 20
WHEREAS, the City of Santa Ana's City Council approved this Agreement on the day
Of , 20
WHEREAS, the City of Tustin's City Council approved this Agreement on the day of
,20
WHEREAS, the City of Westminster's City Council approved this Agreement on the day of
, 20
Page 3 of 18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET / BOLSA AVENUE RTSSP PROJECT
WHEREAS, the County of Orange's Director of Public Works, with authority delegated by the
County of Orange's Board of Supervisors approved this Agreement on the day of
20
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the
PARTICIPATING AGENCIES as follows:
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by
reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this
Agreement between AUTHORITY and PARTICIPATING AGENCIES and it supersedes all prior
representations, understandings, and communications. 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.
B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES'
performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or
condition(s), and PARTICIPATING AGENCIES' obligation in respect thereto shall continue in full force
and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when
specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written
amendment to this Agreement and issued in accordance with the provisions of this Agreement.
C. PARTICIPATING AGENCIES' failure to insist on any instance(s) of AUTHORITY's
performance of any term(s) or conditions) of this Agreement shall not be construed as a waiver or
relinquishment of PARTICIPATING AGENCIES' right to such performance or to future performance of
such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force
and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING
AGENCIES except when specifically confirmed in writing by an authorized representative of
Page 4 of 18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
COOPERATIVE AGREEMENT NO. C-1-3698
FIRST STREET / BOLSA AVENUE RTSSP PROJECT
PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in
accordance with the provisions of this Agreement.
ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the Parties as they pertain to the
subjects and projects addressed herein. Both AUTHORITY and Parties agree that each will cooperate
and coordinate with the other in all activities covered by this Agreement and any other supplemental
agreements that may be required to facilitate purposes thereof.
ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
AUTHORITY agrees to the following responsibilities for funding of the PROJECT:
A. AUTHORITY shall implement the PROJECT based on the intent of the usage in the
APPLICATION, prepared by the APPLICANT AGENCY in accordance with the policies and procedures
contained in the Comprehensive Transportation Funding Program (CTFP) Guidelines.
B. AUTHORITY shall provide oversight to maintain inter -jurisdictional traffic signal
operational integrity between PROJECT and other similar type projects not older than three (3) years.
C. AUTHORITY shall provide formats, templates, and guidance in reporting requirements as
described in the CTFP Guidelines.
D. AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of
PROJECT, may perform a technical and/or field review to ensure that the CTFP Guidelines, policies, and
procedures were followed. Such a review may be performed one hundred and eighty (180) days after the
PROJECT three-year grant period is complete. If the technical and or field review determines that any of
the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must reimburse
and return the amount of funding used to perform the ineligible activity to AUTHORITY.
E. AUTHORITY shall invoice the PARTICIPATING AGENCIES for twenty percent (20%) of
actual costs at the end of the Primary Implementation phase or at a mutually agreed upon time to
facilitate any respective Party funding timeframes. The estimated match per the APPLICATION is
outlined in Attachment A.
Page 5 of 18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
COOPERATIVE AGREEMENT NO. C-1-3698
FIRST STREET 1 BOLSA AVENUE RTSSP PROJECT
F. AUTHORITY shall request updates for the PROJECT as part of the semi-annual review
process, including documentation of in -kind match conforming to Attachment A and will include the
PROJECT in the list of active projects in OCFundTracker until completion of the three-year grant period.
Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders.
ARTICLE 4. RESPONSIBILITIES OF THE AUTHORITY AS PROJECT LEAD AGENCY
The AUTHORITY, as the LEAD AGENCY, agrees to the following responsibilities for the
implementation of the PROJECT:
A. AUTHORITY, or agents of the AUTHORITY, shall manage, procure, implement, and
complete all aspects of the PROJECT as identified in the APPLICATION, including filing all
documentation necessary to comply with the California Environmental Quality Act (CEQA) regulations for
the PROJECT.
B. AUTHORITY, or agents of the AUTHORITY, shall coordinate outreach with
PARTICIPATING AGENCIES for the PROJECT.
C. AUTHORITY, or agents of the AUTHORITY, shall collect all data necessary to provide
new optimized timing plans including, but not limited to, manual or video all movement counts at each
PROJECT signalized intersection, and a mutually agreed upon number and location of twenty four (24)
hour / seven (7) day automated machine traffic counts with vehicle classification.
D. AUTHORITY, or agents of the AUTHORITY, shall develop and implement new timing
plans optimized for signal synchronization.
E. AUTHORITY, or agents of the AUTHORITY, shall provide updated timing plans for all
control systems and all relevant data used to develop said plans to the PARTICIPATING AGENCIES.
F. AUTHORITY, or agents of the AUTHORITY, shall prepare a "Primary Implementation
Report' and "Operations and Maintenance Report" for the PROJECT as described in the Measure M2
Eligibility Guidelines and CTFP Guidelines adopted by the AUTHORITY. The AUTHORITY shall provide
the reports to the PARTICIPATING AGENCIES in draft and final formats for review and comment.
AGENCY comments shall be noted in the final study. If specified in the APPLICATION, AUTHORITY, or
Page 6 of 18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15'
16
17
18
19
20
21
22
23
24
25
26
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET / BOLSA AVENUE RTSSP PROJECT
agents of the AUTHORITY, shall provide a "Before and After Study" video of a representative portion of
PROJECT at up to two (2) public meetings.
ARTICLE 5. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES
PARTICIPATING AGENCIES agree to the following responsibilities for implementation and
funding of the PROJECT:
A. PARTICIPATING AGENCIES shall provide a technical representative to meet and
participate as a member of the PROJECT's Traffic Forum.
B. PARTICIPATING AGENCIES shall authorize the AUTHORITY to manage, procure,
and implement all aspects of the PROJECT.
C. PARTICIPATING AGENCIES shall participate and support the PROJECT
implementation within the timeframe outlined in the APPLICATION and consistent with the CTFP
Guidelines adopted by the AUTHORITY.
D. PARTICIPATING AGENCIES shall provide AUTHORITY, or agents of the
AUTHORITY, all current intersection as -built drawings, all current intersections controller assembly
plans as provided by the manufacturer and modified by Party since original installation, local field
master, local controller, and Advanced Traffic Management System timing plans and other ITS related
data upon request.
E. PARTICIPATING AGENCIES shall each provide the AUTHORITY with a combined
dollar and in -kind services match, totaling at least twenty percent (20%) of actual PROJECT costs.
The APPLICATION estimated this amount to be Seven Hundred Seventy Four Thousand Three
Hundred Seventy Eight Dollars ($774,378.00) as shown in Attachment A. PARTICIPATING
AGENCIES shall work with AUTHORITY to address and mitigate budget impacts. Failure to provide
local dollar match and/or evidence of in -kind services match may result in the ineligibility of future
participation in competitive funding opportunities.
F. PARTICIPATING AGENCIES shall provide payment for the dollar match to
AUTHORITY within thirty (30) calendar days of receipt of an invoice.
Page 7 of 18
COOPERATIVE AGREEMENT NO. C-1-3698
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
COOPERATIVE AGREEMENT NO. C-1-3698
FIRST STREET / BOLSA AVENUE RTSSP PROJECT
AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above
provision with respect to audits shall extend to and/or be included in contracts with PARTICIPATING
AGENCIES' contractor.
ARTICLE 8. INDEMNIFICATION
A. To the fullest extent permitted by law, PARTICIPATING AGENCIES shall defend
(at PARTICIPATING AGENCIES' sole cost and expense with legal counsel reasonably acceptable to
AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, and its officers, directors, employees,
and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits,
claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders,
penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not
limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCIES' employees
included), for damage to property, including property owned by AUTHORITY, or from any violation of any
federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful
misconduct of PARTICIPATING AGENCIES, its officers, directors, employees or agents in connection
with or arising out of the performance of this Agreement.
B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole
cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES), indemnify,
protect, and hold harmless PARTICIPATING AGENCIES, including their officers, directors, employees,
and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits,
claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders,
penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not
limited to Claims arising from injuries to or death of persons (AUTHORITY's employees included), for
damage to property, including property owned by PARTICIPATING AGENCIES, or from any violation of
any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or
willful misconduct of AUTHORITY, its officers, directors, employees or agents in connection with or arising
out of the performance of this Agreement.
Page 9 of 18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET / BOLSA AVENUE RTSSP PROJECT
C. The indemnification and defense obligations of this Agreement shall survive its expiration
or termination.
ARTICLE 9. ADDITIONAL PROVISIONS
A. Term of Agreement: This Agreement shall be in full force and effect through
December 31. 2026.
B. Amendment: This Agreement may be extended or amended in writing at any time by the
mutual consent of all Parties and AUTHORITY. No amendment shall have any force or effect unless
executed in writing by all Parties and AUTHORITY.
C. Termination: In the event any Party defaults in the performance of their respective
obligations under this Agreement or breaches any of the provisions of this Agreement, a non -defaulting
Party(s) shall have the option to terminate this Agreement upon thirty (30) calendar days prior written
notice to the Party in default.
D. Termination for Convenience: Either Party may terminate this Agreement for its
convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for
convenience to the other Party.
E. AUTHORITY and Parties shall comply with all applicable federal, state, and local laws,
statues, ordinances, and regulations of any governmental authority having jurisdiction over the
PROJECT.
F. Legal Authority: AUTHORITY and Parties hereto consent 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.
G. Severability: If any term, provision, covenant or condition of this Agreement is held to be
invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
Page 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 /
26 /
Page 11 of 18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET / BOLSA AVENUE RTSSP PROJECT
To SANTA ANA:
To AUTHORITY:
City of Santa Ana
Orange County Transportation Authority
20 Civic Center Plaza
550 South Main Street
Santa Ana, CA 92701
P. O. Box 14184
Orange, CA 92863-1584
Attention: Cesar Rodriguez
Attention: Michael Le
Senior Civil Engineer
Senior Contract Administrator
Tel: (714) 647-5626
Tel: (714) 560-5314
Email: crodriauez5nsanta-ana.oro
Email: mle1Aocta.net
CC: Alicia Yang
Project Manager
Tel: (714) 560-5362
Email: aygD2a7octa.net
To HUNTINGTON BEACH:
To TUSTIN:
City of Huntington Beach
City of Tustin
2000 Main Street, P.O. Box 190
300 Centennial Way
Huntington Beach, CA 92648
Tustin, CA 92780
Attention: William Janusz
Attention: Krys Saldivar
Principal Civil Engineer
Public Works Manager—Traffic/Transportation
Tel: (714) 374-1628
Tel: (714) 573-3172
Email: w_,lanu_sz surfcit -hv b.org
Email: ksaldivarptustinca.or
Page 12 of 18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
COOPERATIVE AGREEMENT NO. C-1-3698
FIRST STREET / BOLSA AVENUE RTSSP PROJECT
To WESTMINSTER:
To COUNTY OF ORANGE:
City of Westminster
County of Orange
8200 Westminster Boulevard
601 North Ross Street
Westminster, CA 92863
Santa Ana, CA 92701
Attention: Adolfo Ozaeta
Attention: Rick Diaz
Transportation Manager
Senior Civil Engineer
Tel: (714) 548-3462
Tel: (714) 245-4581
Email: aozaeta@westminster-ca.qov
Email: rick.diazp_ocpw.ocgov.com
M. Force Maieure: Either Party shall be excused from performing its obligations under this
Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God;
commandeering of material, products, plants orfacilities by the federal, state or local government; national
fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause
is.presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond
the control and is not due to the fault or negligence of the Party not performing.
/
/
/
Page 13 of 18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
24
26
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET / BOLSA AVENUE RTSSP PROJECT
This Agreement shall be made effective upon execution by all Parties.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-1-3598 to
be executed as of the date of the last signature below.
CITY OF HUNTINGTON BEACH ORANGE COUNTY TRANSPORTATION
AUTHORITY
By:
Kim Carr
Mayor
Dated:
ATTEST:
Bv:
Robin Estanislau
City Clerk
Dated:
APPROVED AS TO FORM
Bv:
Michael E. Gates
City Attorney
Dated:
Bv:
Darrell E. Johnson
Chief Executive Officer
Dated:
APPROVED AS TO FORM:
By: James Dor' h(5ep 7, 202115:25 PDT)
James M. Donich
General Counsel
Dated:
APPROVAL
By:
Kia Mortazavi
Executive Director, Planning
Dated:
Page 14 of 18
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
COOPERATIVE AGREEMENT NO. C-1-3598
FIRST STREET I BOLSA AVENUE RTSSP PROJECT
This Agreement shall be made effective upon execution by all Parties.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-1-3598 to
be executed as of the date of the last signature below.
CITY OF SANTA ANA
By:
Kristine Ridge
City Manager
Dated:
�' �. a' 2r
Daisy Gomez
Clerk of i-Cou-icil
Dated:
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: X % -f L
Jo M. Funk
Assistant City Attorney
Dated: September 16, 2021
RE MJNEND F R APPROVAL
B fkl
abil Saba, PE
Executive Director
Public Works Agency
Dated:
Page 15 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.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-1-3598 to
be executed as of the date of the last signature below.
CITY OF TUSTIN
Bv:
Letitia Clark
Mayor
Dated:
ATTEST:
Bv:
Erica N. Yasuda
City Clerk
Dated:
APPROVED AS TO FORM
Bv:
David E. Kendig
City Attorney
Dated:
Page 16 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.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-1-3598 to
be executed as of the date of the last signature below.
CITY OF WESTMINSTER
By:
Tri Ta
Mayor
Dated:
ATTEST:
By:
Christine Cordon
City Clerk
Dated:
APPROVED AS TO FORM
By:
Christian Bettenhausen
City Attorney
Dated:
Page 17 of 18
COOPERATIVE AGREEMENT NO. C-1-3698
FIRST STREET/ BOLSA AVENUE — RTSSP
ATTACHMENT A
ESTIMATED LOCAL MATCH COMMITMENT
SECTION 1: AGENCY TOTAL MATCH SUMMARY
CASH MATCH
IN -KIND MATCH*
TOTAL MATCH
AGENCY
PI
O&M
PI
O&M
PI
&M
=0
City of
$ 43, 852.00
$ 2,600.00
$ 0.00
$ 0.00
$ 43, 852.00
$ 2, 600.00
Huntington
Beach
$ 46,452.00
$ 0.00
$ 46,452.00
City of Santa
$ 321,042.00
$ 12,000.00
$ 34,000.00
$ 3,600.00
$ 355,042.00
$ 15,600.00
Ana
$ 333,042.00
$ 37,600.00
$ 370,642.00
$129,734.00
$ 3,290.00
$ 15,050.00
$ 350.00
$ 144,784.00
1 $ 3,640.00
City of Tustin
$133,024.00
$15,400.00
$148,424.00
City
$139, 620.00
$ $190.00
$ 0.00
$ 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
1 $ 0.00
$ 59, 880.00 1
$ 1,170.00
Orange
$ 61,050.00
$ 0.00
$ 61,050.00
TOTAL
$ 694,128.00
$ 27,260.00
$ 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 if 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
AQMD
$ 46,452.00
City of Santa Ana
M2 Fairshare
$ 333,042.00
City of Tustin
Transportation Funds / General
Fund / M2 Fairshare
$133,024.00
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-1-3698
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 1:
$ 0.00
il. Staffina Commitment:
FULLY
AGENCY
STAFF POSITION
TYPE OF SERVICE TO
NO.OF
BURDENED
TOTAL**
PROJECT
HOURS
HOURLY
RATE
Sr. Civil Engineer
Project Oversight, Plan
Review, Signal Timing
150
$ 110
$ 16,500.00
Project Design Review/
Assistant Engineer
Implement Timing /
120
$ 90
$ 10,800.00
City of Santa
Construction Engine rin
Ana
Construction
Inspector
Construction Engineering
120
$ 70
$ 8,400.00
Engineering Intern
General Project Support
95
$ 20
$ 1,900.00
Total for City of Santa Ana:
$ 37,600.00
Consultant Principal
Project Oversight, Plan
40
$ 175
$ 7,000.00
Engineer
Review, Signal Timing
Cityof Tustin
Traffic Engineering
Project Management,
O&M Review and
30
$ 145
$ 4,350.00
Consultant
Coordination
PW Inspector
(Consultant)
Construction Inspection
30
$ 135
$ 4,050.00
Total for City of Tustin:
$15,400.00
TOTAL FOR STAFFING COMMITMENT (ii):
$ 63,000.00
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