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HomeMy WebLinkAboutLA HABRA, CITY OF (5)A-2024-038 Cooperative Agreement No. 2024-1 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 27 MAY 0 31% U.. PW Yk 0)\\.w5- Return FULLY EXECUTED Copy to City Clerk, M-30 COOPERATIVE AGREEMENT No. 2024-1 BY AND BETWEEN THE CITY OF LA HABRA AND THE CITIES OF FULLERTON, ANAHEIM, GARDEN GROVE, SANTA ANA, AND FOUNTAIN VALLEY FOR THE EUCLID STREET CORRIDOR PROJECT REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM THIS COOPERATIVE AGREEMENT, hereinafter referred to as "AGREEMENT" is effective day of , 2024, by and between the City of La Habra, hereinafter referred to as "LA HABRA" and the Cities of Fullerton, Anaheim, Garden Grove, Santa Ana, and Fountain Valley, hereinafter referred to as "FULLERTON", "ANAHEIM", "GARDEN GROVE", "SANTA ANA" and "FOUNTAIN VALLEY" respectively, jointly referred to as "AGENCIES" or severally as "AGENCY". Collectively, LA HABRA and AGENCIES may be referred to as the "PARTIES" or individually as a "PARTY". RECITALS WHEREAS, Euclid Street between La Habra Boulevard and Interstate 405 (I-405) Southbound Ramps, geographically located in the Cities of La Habra, Fullerton, Anaheim, Garden Grove, Santa Ana, and Fountain Valley, is part of the OCTA Master Plan of Arterial Highways (MPAH), and WHEREAS, Euclid Street between La Habra Boulevard and Country Hills Drive is maintained by LA HABRA; and WHEREAS, Euclid Street between Lakeview Drive and State Route 91 WB Ramps is maintained by FULLERTON; and WHEREAS, Euclid Street between State Route 91 EB Ramps and Katella Avenue is maintained by ANAHEIM; and WHEREAS, Euclid Street between Orangewood Avenue and Westminster Boulevard is maintained Page 1 of 18 Attachment 1 Cooperative Agreement No. 2024-1 1 COOPERATIVE AGREEMENT No.2024-1 2 BY AND BETWEEN 3 THE CITY OF LA HABRA 4 AND 5 THE CITIES OF FULLERTON,ANAHEIM,GARDEN GROVE, SANTA ANA,AND 6 FOUNTAIN VALLEY 7 FOR THE 8 EUCLID STREET CORRIDOR PROJECT 9 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM 10 THIS COOPERATIVE AGREEMENT, hereinafter referred to as "AGREEMENT" is effective 11 the (0 day of M Ay , 2024, by and between the City of La Habra, hereinafter 12 referred to as"LA HABRA" and the Cities of Fullerton, Anaheim, Garden Grove, Santa Ana, and Fountain 13 Valley, hereinafter referred to as "FULLERTON", "ANAHEIM", "GARDEN GROVE", "SANTA ANA" 14 and"FOUNTAIN VALLEY"respectively,jointly referred to as"AGENCIES"or severally as"AGENCY". 15 Collectively, LA HABRA and AGENCIES may be referred to as the "PARTIES" or individually as a 16 "PARTY". 17 RECITALS 18 WHEREAS, Euclid Street between La Habra Boulevard and Interstate 405 (1-405) Southbound 19 Ramps,geographically located in the Cities of La Habra,Fullerton,Anaheim,Garden Grove,Santa Ana,and 20 Fountain Valley, is part of the OCTA Master Plan of Arterial Highways (MPAH),and 21 WHEREAS, Euclid Street between La Habra Boulevard and Country Hills Drive is maintained by 22 LA HABRA; and 23 WHEREAS, Euclid Street between Lakeview Drive and State Route 91 WB Ramps is maintained 24 by FULLERTON; and 25 WHEREAS,Euclid Street between State Route 91 EB Ramps and Katella Avenue is maintained by 26 ANAHEIM; and 27 WHEREAS,Euclid Street between Orangewood Avenue and Westminster Boulevard is maintained Page 1 of 18 Cooperative Agreement No.2024-1 1 by GARDEN GROVE; and 2 WHEREAS,Euclid Street between Emperor Quang Trung/Oakfield Avenue and McFadden Avenue 3 is maintained by SANTA ANA; and 4 WHEREAS, Euclid Street between Edinger Avenue and I-405 SB Ramps is maintained by 5 FOUNTAIN VALLEY; and 6 WHEREAS, the intersections of Euclid Street at Imperial Highway, Euclid Street at the SR-91 7 I Interchange(EB and WB ramps), Euclid Street at I-5 (NB and SB ramps) Interchange, Euclid Street at SR- 8 22 Interchange (EB and WB ramps), and Euclid Street at I-405 (NB and SB ramps) Interchange are 9 maintained by the State of California, hereinafter referred to as"STATE" or"CALTRANS", and a separate 10 Cooperative Agreement is entered into between LA HABRA and CALTRANS for the STATE-maintained 11 traffic signals; and 12 WHEREAS,the Measure M2 Regional Traffic Signal Synchronization Program,hereinafter referred 13 to as "RTSSP", targets over 2,000 signalized intersections across Orange County to maintain traffic signal 14 synchronization, improve traffic flow, and reduce congestion across jurisdictions; and 15 WHEREAS, LA HABRA and AGENCIES are committed to implementing multi jurisdictional 16 signal synchronization to enhance countywide traffic flow, and reducing congestion; and 17 WHEREAS, the Orange County Transportation Authority, hereinafter referred to as "OCTA", 18 approved funding for the Euclid Street Corridor RTSSP Project, hereinafter referred to as"PROJECT"; and 191 WHEREAS, the PARTIES will provide matching funds as required by the Orange County 20 Comprehensive Transportation Funding Programs; and 21 WHEREAS,LA HABRA.agrees to act as the lead agency for design,construction,and management 22 of the PROJECT; and 23 WHEREAS, the PROJECT will include sixty-seven (67) signalized intersections along the Euclid 24 Street Corridor between La Habra Boulevard and I-405 SB Ramps, and geographically located in LA 25 HABRA, FULLERTON, ANAHEIM, GARDEN GROVE, SANTA ANA, and FOUNTAIN VALLEY; and 26 WHEREAS, the PROJECT will include sixty-nine (69) offset signalized intersections, defined as 27 signalized intersections situated within 2700 feet along the side streets of the PROJECT corridor signals Page 2 of 18 Cooperative Agreement No.2024-1 1 1 between La Habra Boulevard and I-405 SB Ramps, and geographically located in LA HABRA, 2 FULLERTON, ANAHEIM, GARDEN GROVE, SANTA ANA, and FOUNTAIN VALLEY; the inclusion 3 of the offset signals will minimize the impacts of the signal synchronization of the PROJECT corridor signals 4 on said offset signals; and 5 WHEREAS, the PROJECT Scope of Work includes the procurement, construction, installation and 6 modification of existing traffic signal controllers and cabinets, foundation, countdown-type signal heads, 7 video detection systems, traffic surveillance cameras, emergency vehicle preemption, power supplies, pull 8 boxes, signal interconnect communication upgrades including but not limited to fiber optic cables, signal 9 performance measures, and central system upgrades at the respective PARTIES' Traffic Management 10 Centers; and 11 WHEREAS, the PROJECT Scope of Work also includes development, implementation, and 12 fine-tuning of coordination signal timing plans for various peak periods, and the ongoing monitoring and 13 maintenance of the coordinated signal system's operation, including signal timing coordination and system 14 communication/detection upkeep, for a period of no less than two years; and 151 WHEREAS, LA HABRA agrees to work with AGENCIES to coordinate the inclusion of other 16 traffic control elements that must be installed at the same time as the construction of the PROJECT that are 17 NOT a part of the PROJECT Scope of Work and that are the responsibility of each respective PARTY during 18 the course of the PROJECT; and 19 WHEREAS,the PARTIES acknowledge that other RTSSP corridor projects are currently underway 20 or completed which intersect the PROJECT, and that these other RTSSP corridor timing operations must be 21 incorporated into the design and completion of this PROJECT; and 22 WHEREAS, this AGREEMENT defines the roles, specific terms, conditions and responsibilities 23 between the PARTIES. 24 AGREEMENT 25 NOW THEREFORE, it is understood and agreed by the PARTIES as follows: 26 ARTICLE 1. COMPLETE AGREEMENT 27 This AGREEMENT constitutes the complete and exclusive statement of the terms and conditions of Page 3 of 18 Cooperative Agreement No.2024-1 1 the agreement between the PARTIES concerning the PROJECT and supersedes all prior representations, 2 understandings, and communications between the PARTIES. The above-referenced Recitals are true and 3 correct and are incorporated by reference herein. 4 ARTICLE 2. RESPONSIBILITIES OF LA HABRA 5 LA HABRA agrees to the following responsibilities: 6] 1. LA HABRA shall serve as lead agency for design, construction, and construction management of 71 the PROJECT and shall provide oversight by establishing PROJECT milestones and overseeing the 8 PROJECT development to ensure compliance with all standards and requirements set forth in this 9 j AGREEMENT. 101 2. LA HABRA shall be responsible for completing the PROJECT in accordance with the funding 11 guidelines and any and all other federal, state, and OCTA requirements related to these funding programs, 12 as well as any and all applicable statutes and regulations including,but not limited to,bidding laws,prevailing 13 wage and other labor laws, provisions of the California Building Standards Code, and the California 14 Environmental Quality Act(CEQA) and the Guidelines thereunder. 15 3. LA HABRA shall be responsible for providing the required documentation and funding 16 commitments for project implementation on the CALTRANS portions of the PROJECT within LA 17 HABRA'S geographical jurisdictions. 18 4. LA HABRA shall provide AGENCIES a copy of all design documents for AGENCIES' approval 19 of work to be performed in AGENCIES'jurisdictions prior to LA HABRA advertising for bids. 20 5. LA HABRA shall enter into a separate Cooperative Agreement with the STATE for the 21 implementation of the STATE components of the PROJECT. 22 6. LA HABRA shall be responsible for obtaining all required permits for project implementation 23 from the STATE for the STA I'E components of the PROJECT. 24 7. LA HABRA shall provide staff, consultants,and contractors deemed necessary and appropriate to 25 manage, administer, coordinate, and oversee engineering design and construction management of the 26 PROJECT. LA HABRA shall require all such consultants, including architects and civil engineers, and 27 contractors to obtain and maintain comprehensive general liability, automobile liability, workers' Page 4 of 18 Cooperative Agreement No.2024-1 1 compensation and employers' liability, and professional liability insurance policies meeting the applicable 2 requirements of the Consultant Contract and Bidders Specifications for the PROJECT and to indemnify, 3 defend, and hold each of the AGENCIES and their respective elected officials, officers, employees, agents 4 and volunteers ("Indemnitees") free and harmless, including payment of attorneys' and experts' fees, with 5 respect to any and all claims and liabilities of any kind arising out of each such consultant's and/or 6 contractor's acts or omissions in the performance of work on the PROJECT, to the maximum extent 7 permitted by law. LA HABRA shall require all such contractors to name the Indemnitees as additional 8 insureds on all commercial general and automobile liability policies required by LA FIABRA for the 9 I PROJECT. 10 8. The budget for the PROJECT is Six Million, Two Hundred One Thousand, Two Hundred and 11, Sixty-Six Dollars ($6,201,266). Four Million, Nine Hundred Sixty-One Thousand, and Thirteen Dollars 12 ($4,961,013) is funded by OCTA through RTSSP (Project P). Minimum PROJECT matching funds of 13 twenty percent(20%) amount to One Million,Two Hundred Forty Thousand,Two Hundred and Fifty-Three 14 Dollars($1,240,253). LA HABRA's portion of the PROJECT cost is approximately Six Hundred Seventeen 15 Thousand Three Hundred and Seven Dollars ($617,307) with a corresponding 20% local agency match up 161 to One Hundred Twenty-Three Thousand, Four Hundred and Sixty-One Dollars ($123,461) including in- 17 kind services. Documentation of LA HABRA'S in-kind services, such as administrative services, design 18 and construction-related services including equipment procurement and inspection, and City-furnished 19 PROJECT equipment, shall meet OCTA Comprehensive Transportation Funding Program (CTFP) 20 Guidelines. 21 9. LA HABRA shall maintain coordination with AGENCIES for construction of the PROJECT. 22 10. LA HABRA specifically shall coordinate construction activity for the PROJECT within 23 AGENCIES and provide a schedule of the construction activity for the PROJECT within AGENCIES that is 24 acceptable to AGENCIES. In the event of planned street closures,LA HABRA shall provide prior notice to, 25 and receive approval from, the responsible AGENCY, prior to the execution of the street closure. 26 11. LA HABRA shall require AGENCIES and its officers and employees to be named as additional 27 insured on the construction contractors' liability insurance policies. Page 5 of 18 Cooperative Agreement No.2024-1 1 12. At no cost to AGENCIES, LA HABRA shall be responsible for coordinating the construction 2 and/or installation of traffic control elements and other items within LA HABRA's jurisdiction that are NOT 3 a part of the PROJECT Scope of Work but, by necessity, must be built concurrent with the PROJECT. 4 13. LA HABRA shall collect all data necessary for the analysis and optimization of traffic signal 5 timing along the PROJECT corridor. 6 14. LA HABRA shall develop new timing plans optimized for traffic signal synchronization. 7 15. LA HABRA shall provide on-site support to implement the timing plans as necessary. Timing 8 plans are subject to AGENCIES' review and approval. 91 16. LA HABRA shall provide the new timing plans developed for the PROJECT and all relevant data 10 required for the signal timing analysis to AGENCIES upon request. 11 17.At the conclusion of the Primary Implementation Phase "PI PHASE" of the PROJECT, LA 12 HABRA shall submit all necessary documentation required by OCTA for the reimbursement of all PROJECT 13 eligible expenses of the PI Phase 14 18.Upon OCTA's review and approval of the PROJECT eligible expenses of the PI Phase., LA 15 HABRA shall invoice the AGENCIES for their respective 20%local matches. 16 1.9.At the conclusion of the Ongoing Operation and Maintenance Phase "O&M PHASE" of the 17 PROJECT, LA HABRA shall submit all necessary documentation required by OCTA for the reimbursement 18 of all PROJECT eligible expenses of the O&M Phase. 19 20.Upon OCTA's review and approval of the PROJECT eligible expenses of the O&M Phase, LA 20 HABRA shall invoice the AGENCIES for their respective 20% local matches. 21 ARTICLE 3. RESPONSIBILITIES OF AGENCIES 22 AGENCIES agree to the following responsibilities: 23 1. AGENCIES shall be responsible for providing the required documentation and funding 24 commitments for project implementation on the STATE portions of the PROJECT within AGENCIES' 25 respective geographical jurisdictions. 26 2. AGENCIES shall remit to LA HABRA within thirty (30) calendar days of receipt of acceptable 271 invoices for the PI PHASE and the O&M PHASE, the PROJECT matching funds as required by the OCTA Page 6 of 18 Cooperative Agreement No.2024-1 1 Comprehensive Transportation Funding Programs. Individual AGENCIES' PROJECT cost allocations and 2 the corresponding local agency matches per OCTA's approved grant are summarized below. 3 Euclid Street Corridor Project Cost Summary Project Cost Local Agency In-Kind Match(@ 20%) Agency PI O&M PI O&M LaHabra $584,307.42 $33,000.00 $116,861.48 $6,600.00 Fullerton $1,496,555.76 $64,800.00 $299,311.15 $12,960.00 Anaheim $1,070,747.72 $80,400.00 $214,149.54 $16,080.00 Garden Grove $1,369,482.92 $62,400.00 $273,896.58 $12,480.00 Santa Ana $543,334.10 $25,800.00 $108,656.82 $5,160.00 Fountain Valley $814,038.09 $56,400.00 $162,807.62 $11,280.00 Subtotal: $5,878,466.00 $322,800.00 $1,175,693.20 $64,560.00 Total: $6,201,266.00 $1,240,253.20 4 5 a. FULLERTON's portion of the PROJECT cost is approximately One Million, Five Hundred 6 Sixty-One Thousand, Three Hundred and Fifty-Six Dollars ($1,561,356)with a corresponding 7 20%local agency match of up to Three Hundred Twelve Thousand,Two Hundred and Seventy- II 81 One Dollars ($312,271) including in-kind services. 91 b. ANAHEIM's portion of the PROJECT cost is approximately One Million, One Hundred Fifty- 10 One Thousand, One Hundred and Forty-Eight Dollars ($1,151,148)with a corresponding 20% 11 local agency match of up to Two Hundred Thirty Thousand, Two Hundred and Thirty Dollars 12, ($230,230) including in-kind services. 13 c. GARDEN GROVE's portion of the PROJECT cost is approximately One Million, Four 14 Hundred Thirty-One Thousand, Eight Hundred and Eighty-Three Dollars ($1,431,883) with a 15 corresponding 20% local agency match of up to Two Hundred Eighty-Six Thousand, Three 16 Hundred and Seventy-Seven Dollars ($286,377) including in-kind services. 17 d. SANTA ANA's portion of the PROJECT cost is approximately Five Hundred Sixty-Nine 18 Thousand, One Hundred and Thirty-Four Dollars (569,134) with a corresponding 20% local Page 7 of 18 Cooperative Agreement No. 2024-1 1 agency match of up to One Hundred Thirteen Thousand, Eight Hundred and Twenty-Seven 2 Dollars ($113,827) including in-kind services. 3 e. FOUNTAIN VALLEY's portion of the PROJECT cost is approximately Eight Hundred 4 Seventy Thousand, Four Hundred and Thirty-Eight Dollars ($870,438) with a corresponding 5 20% local agency match of up to One Hundred Seventy-Four Thousand and Eighty-Seven 6 Dollars ($174,087)including in-kind services. 7 Documentation of AGENCIES' in-kind services, such as administrative services, design and construction- 8 related services including equipment procurement and inspection, shall meet OCTA CTFP Guidelines. 9 3. AGENCIES agree to implement the PROJECT based on the approved match funds above and 10 agree that final amount and corresponding match may vary and will be based on the 20%of actual cost of 11 implementing all timing, improvements, and maintenance,as identified in the PROJECT. 12 4. AGENCIES agree that unused PROJECT funds from one PARTY may be used by another 13 PARTY upon mutual written agreement of PARTIES. Receiving PARTY shall be responsible for the local 14 match of the additional PROJECT funds used. 15 5. At no cost to LA HABRA, AGENCIES shall provide LA HABRA with current intersection,local 16 field master and/or central system timing plans and related data no later than thirty (30) calendar days 17 subsequent to the execution of this AGREEMENT,and updates as they occur within seven(7) calendar days 181 of the event. 19' 6. At no cost to LA HABRA, AGENCIES shall provide to LA HABRA appropriate documents to 20 utilize in the design and construction of infrastructure required to implement the desired coordinated and 21 synchronized system and operations no later than thirty (30) calendar days subsequent to the execution of 22 this AGREEMENT, and updates as they occur within seven(7) calendar days of the update. 23 7. AGENCIES shall waive all costs and fees related to any and all required encroachment and 24I inspection permits required by AGENCY for the construction phase of the PROJECT. 25 8. At no cost to LA HABRA,FULLERTON's Construction Inspectors shall oversee all construction 26 work done in FULLERTON's jurisdiction. 27 9. At no cost to LA HABRA, ANAHEIM's Construction Inspectors shall oversee all construction Page 8 of 18 Cooperative Agreement No.2024-1 1 work done in ANAHEIM's jurisdiction. 2 10.At no cost to LA HABRA, SANTA ANA's Construction Inspectors shall oversee all construction 3 work done in SANTA ANA's jurisdiction. 4 11.At no cost to LA HABRA, GARDEN GROVE's Construction Inspectors shall oversee all 5 construction work done in GARDEN GROVE's jurisdiction. 6 12.At no cost to LA HABRA, FOUNTAIN VALLEY's Construction Inspectors shall oversee all 7 construction work done in FOUNTAIN VALLEY's jurisdiction. 8 13. At no cost to LA HABRA,AGENCY shall be responsible for coordinating the construction and/or 9 installation of traffic control elements and other items within AGENCIES'jurisdiction that are NOT a part 10 of the PROJECT Scope of Work but, by necessity, must be built concurrent with the PROJECT. 11 14. In the event of an unanticipated cost overrun, LA HABRA shall meet with AGENCIES to 12 resolve the cost overrun. Should the PARTIES be unable to come to a resolution of the cost overrun, the 13( AGREEMENT will terminate. 14 ARTICLE 4. MUTUAL RESPONSIBILITIES OF THE PARTIES 15 The PARTIES agree to the following mutual responsibilities: 16 1. The PARTIES are responsible for the review, implementation and maintenance of the timing for 171 the corridor offset intersections as defined in the RECITALS. 18 2. The PARTIES shall cooperate and coordinate their staff, contractors and consultants, in providing 19 the services and responsibilities required under this AGREEMENT to the extent practicable with respect to 20 the performance of the PROJECT. 21 3. The PARTIES agree to work together in good faith, using reasonable efforts to resolve any 22 unforeseen issues and disputes arising out of the performance of this AGREEMENT. 23 4. The PARTIES shall be responsible for obtaining the required additional STATE permits for 24 additional STATE requested improvements that are NOT a part of the PROJECT Scope of Work on the 25 STATE portions of PROJECT within their respective geographic jurisdictions. 26 5. This AGREEMENT may only be modified or amended upon written agreement of all PARTIES. 27 All modifications, amendments, changes and revisions of this AGREEMENT in whole or in part, and from Page 9 of 18 Cooperative Agreement No.2024-1 1 time to time, shall be binding upon the PARTIES, so long as the same shall be. in writing and executed by 2 the PARTIES. No waiver of any term or conditions of this AGREEMENT shall be a continuing waiver 3 thereof. 4 6. Applicable Laws and Regulations:This AGREEMENT shall be governed by all applicable federal, 5 state and local laws and regulations. The PARTIES warrant that in the performance of this AGREEMENT, 6 each shall comply with all applicable federal, state and local laws, statutes and ordinances and all lawful 7 orders, rules and regulations promulgated there under. 8 7. Indemnitees:To the maximum extent permitted by law,each PARTY agrees to defend, indemnify 9 and hold harmless the other PARTIES, their officers, agents, elected officials and employees from all 10 liability, claims, losses and demands, including defense costs and reasonable attorneys' fees, whether 11 resulting from court action or otherwise, to the extent arising out of the actual or alleged negligent acts or 12 omissions of,or violation of any statute or regulation by the defending PARTY, or any of its officers, agents, 13 or employees, in the performance of this AGREEMENT. When negligent acts or omissions of one PARTY 14 are directed by another PARTY,the PARTY directing the negligent acts or omissions shall owe this defense 15 and indemnity obligation to the PARTY following the directions. The provisions of this paragraph shall 16 survive the termination of this AGREEMENT. Notwithstanding, this AGREEMENT shall not be interpreted 17 to create any joint and several liability or any joint powers or joint venture between the PARTIES. 18 LA HABRA shall defend, indemnify and hold the AGENCIES free and harmless from any claim or liability 19 arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 201 8. Force Majeure: Each PARTY shall be excused from performing its obligations under this 21 AGREEMENT during the time and to the extent that it is prevented from performing by an unforeseeable 22 cause beyond its control, including but not limited to: any incidence of fire; flood: acts of God; 23 commandeering of material, products,plants or facilities by federal, state or local government; national fuel 24 shortage; labor strike or materials shortage provided satisfactory evidence of such cause is presented to the 25 other PARTIES, and provided further such nonperformance is unforeseeable,beyond the reasonable control 26 and not due to the fault or negligence of the PARTY not performing. 27 9. Any notice sent by first class mail,postage paid, to the address and addressee, shall be deemed to Page 10of18 Cooperative Agreement No.2024-1 1 have been received three (3) business days after deposit in the U.S. Mail. The representatives of the 2 PARTIES who are primarily responsible for the administration of this AGREEMENT, and to whom notices, 3 demands and communications shall be given are as follows: 4 5 City of La Habra—LEAD AGENCY City of Fullerton 6 110 E.La Habra Boulevard 303 W. Commonwealth Avenue 7 La Habra,CA 90631 Fullerton,CA 92832 8 Attn: Michael Plotnik,P.E.,T.E. Attn:Jeffrey Chinchilla,P.E. 9 Traffic Manager Associate Engineer-Traffic 10 (562)383-4162 (714)738-6899 11 mplotnik@lahabraca.gov jeffrey.chinchilla@cityoffullerton.com 12! 13 City of Anaheim City of Garden Grove 14 201 S.Anaheim Boulevard, Suite 502 11222 Acacia Parkway 15 Anaheim,CA.92805 Garden Grove, CA 92840 16 Attn: John Thai,E.E.,T.E. Attn: Dai Vu,T.E. 17 Principal Traffic Engineer City Traffic Engineer 18 (714)765-5294 (714)741-5189 19 jthai@anaheim.net daiv@ggcity.org 20 21 City of Santa Ana City of Fountain Valley 22 20 Civic Center Plaza 10200 Slater Ave 231 Santa Ana,CA 92701 Fountain Valley,CA 92708 24 Attn: Cesar Rodriguez,P.E.,T.E. Attn:Temo Galvez,P.E. 25 Senior Civil Engineer Deputy Public Works Director/City Engineer 26 (714)647-5626 (714)593-4517 27 crodriguez5@santa-ana.org temo.galvez@fountainvalley.org Page 11 of 18 Cooperative Agreement No. 2024-1 1 10. This AGREEMENT shall continue in full force and effect through December 31, 2028, unless 2 terminated earlier by LA HABRA or AGENCIES. This AGREEMENT may be terminated by any AGENCY 3 providing the PARTIES with not less than thirty (30) day prior written notice. The terminating AGENCY is 4 fully responsible for paying their respective pro rata share of all costs and expenses incurred prior to delivery 5 of its notice of termination and all costs and damages relating to its termination. In the event of termination 6 without cause, and subject to any other reimbursement obligations of the PARTIES, if any, created by this 7 AGREEMENT or law,the PARTIES shall each be entitled to a pro rata refund of its share of costs expended 8 as to funds remaining, if any, after payment has been made for labor and/or materials actually provided in 9 the course of work performed pursuant to this AGREEMENT. 10 i 11. The terms of this AGREEMENT may only be extended upon written agreement by the 11 PARTIES. 12 / 13 / 14 / 15 / 16 / 17 / 18 / 19 / 20 / 21 / 22 / 23 / 241 / 25 / 26 / 27 / Page 12 of 18 Cooperative Agreement No. 2024-1 1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written. 3 4 CITY OF LA HABRA 5 6 By: Jim adro, City Manager 7 Daren Nigsarian City of La Habra 8 Mayor 9 10 11 ATTEST: 12 13 By: fee dg �'.(Javpene• 5Ml azi / 14 Rhonda J. Barone, CMC 15 City Clerk 16 17 18 APPROVED •.S TO FORM: -4414ris 19 20 By: 21 Richar' D. Jones 22 City A 23 / 24 / 25 / 26 / 27 / Page 13 of 18 Cooperative Agreement No. 2024-1 1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written. 3 4 CITY OF FULLERTON 5 6 By: 7 Eric Levitt 8 City Manag r 9 10 11 ATTEST: 12 13 By: 14 LI .in a .,illiams, MMC 15 CJlerk 16 17 18 APPROVED AS TO FORM: 19 20 By: 21 Betsy Martyr 22 City Attorney 23 / 24 / 25 / 26 / 27 / Page 14 of 18 Cooperative Agreement No. 2024-1 1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written. 3 4 CITY OF ANAHEIM 5 6 By: 7 8 Mayor of the City of An cgti ,,,/.1,2,0 � ti9 � `,. IO 10 I ���w1vt �4,0 • 11 ATTEST: • +at 12 114 FOUIVDtiO 13 f: dlediti'll Z2a1 ZV 14 15 City Clerk of the City of Anaheim 16 17 18 APPROVED AS TO FORM: 19 20 By: 21 22 rty Attorney of the City of Anaheim 23 / 24 / 25 / 26 / 27 / Page 15 of 18 Cooperative Agreement No. 1.(),' i-1 1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 1Y ".V -1 to 2 be executed on the date first above written. 3 4 CITY OF GARDEN GROVE 5 6 By: —--�' 7 Lisa L. Kim 8 City Manager 9 10 11 ATTEST: 12 13 By: ��/ !>N�� h^�10 14 Teresa Pomeroy, CMC 15 City Clerk 16 17 18 APPROVED AS TO FORM: 19 20 By: ,Liv7116''// �Zi � 21 0 ar Sandoval 22 City Attorney 23 / 24 / 25 / 26 / 27 / Page 16 of 18 Cooperative Agreement No. 2024-1 1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written. 3 4 CITY OF SANTA ANA 5 6 By: a 7 �( Alvaro Nunez 8 Acting City Manager 9 10 ATTEST: 11 12 By: �►�.ra"-,_ _ ' '. 13 Jennifer . Ia11 z „ 14 City Clerk 15 16 APPROVED AS TO FORM: 17 18 By: 19 Jonathan T.Martinez 20 Assistant City Attorney 21 22 RECOMMENDED FOR APPROVAL 23 24 By: I`1 4 yc 25 c .Nabil Saba, PE 26 Executive Director 27 Public Works Agency Page 17 of 18 Cooperative Agreement No. 2024-I 1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written. 3 4 CITY OF FOUNTAIN VALLEY 7 Glenn Grandis 8 Mayor 9 10 11. ATTEST: 12 13 By: ` 14 Rick Miller 15 City Clerk 16 17 18 APPROVED AS TO FORM: HARPER&BURNS LLP 19 20 By: }�"\ Atto eys or the City of Fo ntain Valley 21 22 23 / 24 / 25 / 26 / 27 / Page 18 of 18