Loading...
HomeMy WebLinkAboutItem 15 - First Street / Bolsa Avenue Corridor Traffic Signal Synchronization Project Public Works Agency www.santa-ana.org/pw Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 2, 2021 TOPIC: First Street / Bolsa Avenue Corridor Traffic Signal Synchronization Project AGENDA TITLE Approve a Cooperative Agreement with Orange County Transportation Authority and Partnering Cities for the First Street / Bolsa Avenue Corridor Traffic Signal Synchronization Project, in an Amount Not to Exceed $370,642 (Project 22-6993) (Non- General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a Cooperative Agreement (C-1-3598) with the Orange County Transportation Authority and the cities of Huntington Beach, Tustin, Westminster, and the County of Orange, which identifies each participating agency’s roles and responsibilities, including Santa Ana’s match requirement of $370,642, to implement the First Street / Bolsa Avenue Corridor Traffic Signal Synchronization Project, for the term beginning upon full approval of the agreement by all parties and effective until December 31, 2026, with the option to be extended by mutual consent of all parties, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On November 17, 2020, the City Council authorized staff to submit joint applications with participating agencies to the Orange County Transportation Authority (OCTA) to request funding consideration of the renewed Measure M2 Regional Traffic Signal Synchronization Program. The cooperative agreement for the First Street/ Bolsa Avenue project would provide for inter-jurisdictional traffic signal synchronization and improvements along the corridor traversing Santa Ana, Huntington Beach, Tustin, Westminster, and County of Orange jurisdictions (Exhibit 1). On March 24, 2021, the OCTA Board approved the Measure M2 funding request for the First Street / Bolsa Avenue project. While OCTA will act as lead agency for the project, a cooperative agreement is necessary to identify the roles and responsibilities of each participating agency to maintain inter-jurisdictional synchronization during the three-year grant period, which is scheduled to begin by January 2022. Upon project completion, responsibility for ongoing signal maintenance will revert to the respective local agencies. First Street / Bolsa Avenue Corridor Project Cooperative Agreement November 2, 2021 Page 2 2 1 8 5 The Measure M2 grant award provides $3,871,890. The match commitments from the participating cities will provide a combined total of $774,378. The City of Santa Ana’s share of the matching funds is $370,642, of which $333,042 is cash and $37,600 is in- kind staff support. On July 1 2021, City Council approved the Fiscal Year 2021-2022 Capital Improvement Program, which included $380,000 for this project. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds in the amount of $380,000 are budgeted in the approved Fiscal Year 2021-22 Capital Improvement Program and available in the Measure M2 Street Construction Fund (Account No. 03217662-66220, Project No. 22-6993). $370,642 of the funding is for the City’s share of the project costs – cash and in-kind staff support – and will be spent in the fiscal years identified in the following estimated spending plan: Fiscal Year Accounting Unit - Account No. (Project No.) Fund Description Accounting Unit - Account No. Description Amount 2021-22 03217662-66220 (22-6993) Measure M Street Construction Measure M2 Local Fairshare, Improvements Other Than Building $34,000 2022-23 03217662-66220 (22-6993) Measure M Street Construction Measure M2 Local Fairshare, Improvements Other Than Building $333,042 2023-24 03217662-66220 (22-6993) Measure M Street Construction Measure M2 Local Fairshare, Improvements Other Than Building $3,600 Total $370,642 EXHIBIT(S) 1. Project Location Map 2. Cooperative Agreement Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager NORTHNORTH EXHIBIT 1 Euclid St1st St 17th St City Council Agenda Date November 2, 2021 PWA SANTA ANA PUBLIC WORKS AGENCY 5 22 55 405 Edinger Ave Main StRaitt StProject No. 22-6993: First Street/ Bolsa Avenue Traffic Signal Synchronization Segerstrom Ave MacArthur Blvd. Warner Ave Grand AveHarbor BlvdFairview StFlower StTustin AveNewhope StCivic Center Dr Bristol St5th St Santa Ana Blvd Bear StWestminster Ave Alton Ave First Street/ Bolsa Avenue Corridor Traffic Signal Synchronization Improvements Dyer Rd 17th St 4th St 1st St 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-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 THIS COOPERATIVE AGREEMENT (Agreement), is effective this _______ day of _________________, 2021 , by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation the cities of Huntington Beach, Santa Ana, Tustin, Westminster, and the County of Orange PARTICIPATING AGENCIES . RECITALS: WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES is working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP or Project P) to enhance countywide traffic flow and reduce congestion; and WHEREAS, the AUTHORITY has completed the competitive 2021 Call for Projects 21 Santa Ana (hereinafter referred to as the for the implementation of signal synchronization of traffic signals along First Street / Bolsa Avenue between the intersections of Bolsa Chica Street located in the City of Huntington Beach and Newport Avenue located in the City of Tustin COOPERATIVE AGREEMENT NO. C-1-3598 FIRST STREET / BOLSA AVENUE RTSSP PROJECT 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 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 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 / COOPERATIVE AGREEMENT NO. C-1-3598 FIRST STREET / BOLSA AVENUE RTSSP PROJECT 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 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 Audit; and WHEREAS, based on 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 Board of Directors authorized funding for the PROJECT on May 10, 2021; and WHEREAS authorized this cooperative agreement on August 9, 2021. WHEREAS, the City of City Council approved this Agreement on the _____ day of ___________________, 20_____. WHEREAS, the City of City Council approved this Agreement on the _____ day of ___________________, 20_____. WHEREAS, the City of City Council approved this Agreement on the _____day of ___________________, 20_____. WHEREAS, the City of City Council approved this Agreement on the _____day of ___________________, 20_____. / / COOPERATIVE AGREEMENT NO. C-1-3598 FIRST STREET / BOLSA AVENUE RTSSP PROJECT 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 WHEREAS Director of Public Works, with authority delegated by the 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. PARTICIPATING AGENCIES performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment o 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 performance of any term(s) or condition(s) 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 cond 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 / COOPERATIVE AGREEMENT NO. C-1-3598 FIRST STREET / BOLSA AVENUE RTSSP PROJECT 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 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. COOPERATIVE AGREEMENT NO. C-1-3598 FIRST STREET / BOLSA AVENUE RTSSP PROJECT 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 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 p Primary Implementation 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 COOPERATIVE AGREEMENT NO. C-1-3598 FIRST STREET / BOLSA AVENUE RTSSP PROJECT Page 7 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 agents of the AUTHORITY, 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 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. COOPERATIVE AGREEMENT NO. C-1-3598 FIRST STREET / BOLSA AVENUE RTSSP PROJECT 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 G. PARTICIPATING AGENCIES that have included an in-kind services match, as identified in Attachment A, shall provide documentation of conformance as part of the semi-annual review process or as requested by the AUTHORITY, or agents of the AUTHORITY. H. PARTICIPATING AGENCIES shall waive all fees associated with any local agency permits that may be required of the consultant, subconsultants, and/or service or equipment providers in the performance of the PROJECT. I. PARTICIPATING AGENCIES shall provide updates on PROJECT to AUTHORITY, or agents of the AUTHORITY, as part of semi-annual review process until completion of the three-year PROJECT grant period. Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders. J. PARTICIPATING AGENCIES shall, if specified in APPLICATION, continue Operations and Maintenance after the three-year grant period is complete and continue until the end of the PROJECT per additional maintenance of effort in APPLICATION. ARTICLE 6. DELEGATED AUTHORITY The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this Agreement are delegated to their respective City Manager, or designee, and the actions required to be taken by AUTHORITY in the implementation of this Agreement are delegated Executive Officer or designee. ARTICLE 7. AUDIT AND INSPECTION AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a period of five (5) years after final payment, final closeout, or until any on-going audit is completed, whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of AUTHORITY c paid invoice) under this Agreement. COOPERATIVE AGREEMENT NO. C-1-3598 FIRST STREET / BOLSA AVENUE RTSSP PROJECT 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 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 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, against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses ot 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 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 claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and atto 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. COOPERATIVE AGREEMENT NO. C-1-3598 FIRST STREET / BOLSA AVENUE RTSSP PROJECT Page 10 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 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. / COOPERATIVE AGREEMENT NO. C-1-3598 FIRST STREET / BOLSA AVENUE RTSSP PROJECT 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 H. 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 signatures shall be permitted. I. Assignment: Neither this Agreement, nor any of the Parties rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party in its 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. 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, inc L. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed as follows: / / / / / / / / / / / / COOPERATIVE AGREEMENT NO. C-1-3598 FIRST STREET / BOLSA AVENUE RTSSP PROJECT 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 To SANTA ANA: To AUTHORITY: City of Santa Ana Orange County Transportation Authority 20 Civic Center Plaza Santa Ana, CA 92701 550 South Main Street P. O. Box 14184 Orange, CA 92863-1584 Attention: Cesar Rodriguez Senior Civil Engineer Tel: (714) 647-5626 Email: crodriguez5@santa-ana.org Attention: Michael Le Senior Contract Administrator Tel: (714) 560-5314 Email: mle1@octa.net CC: Alicia Yang Project Manager Tel: (714) 560-5362 Email: ayang@octa.net To HUNTINGTON BEACH: To TUSTIN: City of Huntington Beach City of Tustin 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 300 Centennial Way Tustin, CA 92780 Attention: William Janusz Principal Civil Engineer Tel: (714) 374-1628 Email: wjanusz@surfcity-hb.org / / / / / Attention: Krys Saldivar Public Works Manager Traffic/Transportation Tel: (714) 573-3172 Email: ksaldivar@tustinca.org COOPERATIVE AGREEMENT NO. C-1-3598 FIRST STREET / BOLSA AVENUE RTSSP PROJECT 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 22 23 24 25 26 To WESTMINSTER: To COUNTY OF ORANGE: City of Westminster County of Orange 8200 Westminster Boulevard Westminster, CA 92863 601 North Ross Street Santa Ana, CA 92701 Attention: Adolfo Ozaeta Transportation Manager Tel: (714) 548-3462 Email: aozaeta@westminster-ca.gov Attention: Rick Diaz Senior Civil Engineer Tel: (714) 245-4581 Email: rick.diaz@ocpw.ocgov.com M. Force Majeure: 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 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 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. / / / / / / / / / / / COOPERATIVE AGREEMENT NO. C-1-3598 FIRST STREET / BOLSA AVENUE RTSSP PROJECT Page 14 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 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: ___________________________ By: __________________________________ Kim Carr Darrell E. Johnson Mayor Chief Executive Officer Dated: _________________________ Dated: _________________________ ATTEST: APPROVED AS TO FORM: By: ___________________________ By: __________________________________ Robin Estanislau James M. Donich City Clerk General Counsel Dated: _________________________ Dated: _________________________ APPROVED AS TO FORM APPROVAL RECOMMENDED By: ___________________________ By: ___________________________ Michael E. Gates Kia Mortazavi City Attorney Executive Director, Planning Dated: _________________________ Dated: _________________________ COOPERATIVE AGREEMENT NO. C-1-3598 FIRST STREET / BOLSA AVENUE RTSSP PROJECT Page 15 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 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: _________________________ ATTEST: By: ___________________________ Daisy Gomez Clerk of the Council Dated: _________________________ APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: ___________________________ John M. Funk Assistant City Attorney Dated: _________________________ RECOMMENDED FOR APPROVAL By: ___________________________ Nabil Saba, PE Executive Director Public Works Agency Dated: _________________________ September 16, 2021 COOPERATIVE AGREEMENT NO. C-1-3598 FIRST STREET / BOLSA AVENUE RTSSP PROJECT Page 16 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 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 By: ___________________________ Letitia Clark Mayor Dated: _________________________ ATTEST: By: ___________________________ Erica N. Yasuda City Clerk Dated: _________________________ APPROVED AS TO FORM By: ___________________________ David E. Kendig City Attorney Dated: _________________________ COOPERATIVE AGREEMENT NO. C-1-3598 FIRST STREET / BOLSA AVENUE RTSSP PROJECT Page 17 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 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: _________________________ COOPERATIVE AGREEMENT NO. C-1-3598 FIRST STREET / BOLSA AVENUE RTSSP PROJECT Page 18 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 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. COUNTY OF ORANGE By: ___________________________ James Treadaway Director of Public Works Dated: _________________________ APPROVED AS TO FORM By: ___________________________ Deputy County Counsel Dated: _________________________ COOPERATIVE AGREEMENT NO. C-1-3598 FIRST STREET/ BOLSA AVENUE RTSSP ATTACHMENT A Page A - 1 ESTIMATED LOCAL MATCH COMMITMENT SECTION 1: AGENCY TOTAL MATCH SUMMARY AGENCY CASH MATCH IN-KIND MATCH* TOTAL MATCH PI O & M PI O & M PI O & M City of Huntington Beach $ 43,852.00 $ 2,600.00 $ 0.00 $ 0.00 $ 43,852.00 $ 2,600.00 $ 46,452.00 $ 0.00 $ 46,452.00 City of Santa Ana $ 321,042.00 $ 12,000.00 $ 34,000.00 $ 3,600.00 $ 355,042.00 $ 15,600.00 $ 333,042.00 $ 37,600.00 $ 370,642.00 City of Tustin $ 129,734.00 $ 3,290.00 $ 15,050.00 $ 350.00 $ 144,784.00 $ 3,640.00 $ 133,024.00 $ 15,400.00 $ 148,424.00 City of Westminster $ 139,620.00 $ 8,190.00 $ 0.00 $ 0.00 $ 139,620.00 $ 8,190.00 $ 147,810.00 $ 0.00 $ 147,810.00 County of Orange $ 59,880.00 $ 1,170.00 $ 0.00 $ 0.00 $ 59,880.00 $ 1,170.00 $ 61,050.00 $ 0.00 $ 61,050.00 TOTAL MATCH $ 694,128.00 $ 27,250.00 $ 49,050.00 $ 3,950.00 $ 743,178.00 $ 31,200.00 $ 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 COOPERATIVE AGREEMENT NO. C-1-3598 FIRST STREET/ BOLSA AVENUE RTSSP ATTACHMENT A Page A - 2 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: AGENCY STAFF POSITION TYPE OF SERVICE TO PROJECT NO. OF HOURS FULLY BURDENED HOURLY RATE TOTAL** City of Santa Ana Sr. Civil Engineer Project Oversight, Plan Review, Signal Timing 150 $ 110 $ 16,500.00 Assistant Engineer Project Design Review/ Implement Timing / Construction Engineering 120 $ 90 $ 10,800.00 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 City of Tustin Consultant Principal Engineer Project Oversight, Plan Review, Signal Timing 40 $ 175 $ 7,000.00 Traffic Engineering Consultant Project Management, O&M Review and Coordination 30 $ 145 $ 4,350.00 PW Inspector (Consultant) Construction Inspection 30 $ 135 $ 4,050.00 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 rs. 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.