HomeMy WebLinkAboutItem 17 - McFadden Ave Transit Signal Priority Pilot Project Public Works Agency
www.santa-ana.org/public-works
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 15, 2024
TOPIC: McFadden Avenue Transit Signal Priority Pilot Project
AGENDA TITLE
Cooperative Agreement with Orange County Transportation Authority for the McFadden
Avenue Transit Signal Priority Pilot Project (Project No. 25-6030) (Non-General Fund)
RECOMMENDED ACTION
1. Approve an appropriation adjustment recognizing Regional Early Action
Planning 2.0 funding in the amount of $3,690,000 into the Public Services-Street
Safety Projects, State Grant-Indirect revenue account and appropriate the same
amount into the Regional Early Action Planning Grant, Improvements Other
Than Building expenditure account. (Requires five affirmative votes)
2. Authorize the City Manager to execute a cooperative agreement with Orange
County Transportation Authority in an amount not to exceed $3,690,000, for the
design, construction, and evaluation of the McFadden Avenue Transit Signal
Priority Pilot Project, effective upon full approval of the agreement through
December 31, 2026, with the option to be extended (Agreement No. A-2024-
XXX).
3. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement
Program to include $3,690,000 in design and construction funds for the
McFadden Avenue Transit Signal Priority Pilot Project (No. 25-6030).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On April 12, 2023, Orange County Transportation Authority (OCTA), in cooperation with
City of Santa Ana, submitted an application to Southern California Association of
Governments (SCAG) for Regional Early Action Planning (REAP 2.0) grant funding
which seeks to accelerate progress towards state housing goals and climate
commitments through a strengthened partnership between the state, its regions, and
local entities. REAP 2.0 seeks to accelerate infill housing development, reduce Vehicle
Miles Traveled, increase housing supply at all affordability levels, affirmatively further
fair housing, and facilitate the implementation of adopted regional and local plans to
achieve these goals.
McFadden Ave Transit Signal Priority Pilot Project
October 15, 2024
Page 2
4
6
1
1
On July 6, 2023, SCAG awarded OCTA $11 million in state funding REAP 2.0 grant
funds for 11 OCTA planning, outreach, transit, active transportation, and transit signal
priority projects which included funding for the McFadden Avenue Transit Signal Priority
(TSP) Pilot project.
The McFadden Avenue Transit Signal Priority (TSP) Pilot Project will enhance the
City’s planned improvements for McFadden Avenue by providing funding to design
and install innovative transit improvements, including transit signal priority, bus
shelters, and real-time bus arrival signage. These improvements will benefit the Santa
Ana residents who utilize OCTA’s Route 66, one of the highest ridership bus routes in
Orange County. Route 66 services Orange County bus riders from Irvine Valley
College to Goldenwest College in Huntington Beach while traversing the cities of
Irvine, Tustin, Santa Ana, Garden Grove, Westminster, and Huntington Beach
primarily through McFadden Avenue. The route consists of approximately 152 stops
covering both directions with nearly 60 of them in Santa Ana. Tentatively, the project
includes adding the following improvements:
•39 Real-time arrival information displays
•25 Bus shelters and trash receptacles
•25 Overhead lighting fixtures
•Seven bus stop relocations with bus pads
Under the proposed cooperative agreement, the City agrees to deliver the project per
the scope and guidelines approved by SCAG. Project delivery will include City in-
house engineering design and procurement of consultants and/or contractors, as
necessary, to complete the project within the expenditure period of the REAP 2.0
funds. The City will draw funds up to the authorized amount and request
reimbursement from OCTA. These improvements will be coordinated with the
McFadden Bikeway Project Improvements to deliver both projects simultaneously
without overlapping or duplicative work.
Staff recommends the approval of the proposed Cooperative Agreement with OCTA
(Exhibit 1) in order to identify the roles and responsibilities of each agency, including
provisions from SCAG, to ensure compliance with REAP 2.0 grant funding guidelines
and identify OCTA’s responsibilities for reimbursement and reporting to SCAG.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
McFadden Ave Transit Signal Priority Pilot Project
October 15, 2024
Page 3
4
6
1
1
FISCAL IMPACT
With the approval of the requested appropriation adjustment, $3,690,000 in REAP 2.0
grant funds will be recognized in the Public Services-Street Safety Projects, State
Grant-Indirect revenue account (No. 14717002-52027) and appropriate it for spending
in the Regional Early Action Planning Grant, Improvements Other Than Building
expenditure account (No. 14717613-66220). The following table summarizes the funds
budgeted for FY 2024-25. Any unspent budget in FY2024-25 will be included in future-
year carryforward for City Council consideration.
Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.
Description
Amount
Appropriation Adjustment
2024-25 14717613-66220
(25-6030)
Street Safety
Programs
Regional Early Action
Plng Grt,
Improvements Other
Than Building
$3,690,000
TOTAL $3,690,000
EXHIBIT(S)
1. Cooperative Agreement
2. FY 2024-25 Capital Improvement Program Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Alvaro Nuñez, City Manager
Page 1 of 12
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-3-3087
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
MCFADDEN AVENUE TRANSIT SIGNAL PRIORITY PILOT
THIS COOPERATIVE AGREEMENT (Agreement) is effective this __ day of ________ 2024
(“Effective Date”), by and between the Orange County Transportation Authority, 550 South Main Street,
P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of California (herein
referred to as “AUTHORITY”) and the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
92702, a municipal corporation duly organized and existing under the constitution and laws of the State
of California (herein referred to as “CITY”), each individually known as “PARTY”, and collectively referred
to as “PARTIES”.
RECITALS:
WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define the
roles and responsibilities related to funding between AUTHORITY and CITY for final design and
construction of the McFadden Avenue Transit Signal Priority Pilot Project as defined in the scope of work
provided in Exhibit A, herein incorporated by reference; (hereinafter referred to as “PROJECT”); and
WHEREAS, the PROJECT is funded with Regional Early Action Planning Grant Program of 2021
(hereinafter referred to as “REAP 2.0”) funds; and
WHEREAS, REAP 2.0 is a program that seeks to accelerate progress towards state housing
goals and climate commitments through a strengthened partnership between the state, its regions, and
local entities. REAP 2.0 seeks to accelerate infill housing development, reduce Vehicle Miles Traveled,
increase housing supply at all affordability levels, affirmatively further fair housing, and facilitate the
implementation of adopted regional and local plans to achieve these goals; and
(;+,%,7
COOPERATIVE AGREEMENT NO. C-3-3087
Page 2 of 12
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 California Department of Housing and Community Development (HCD)
administers REAP 2.0 in accordance with Health and Safety Code sections 50515.06 to 50515.10
(“Statues”) and REAP 2.0 guidelines for Metropolitan Planning Organizations (MPO) applicants released
by HCD pursuant to the Statutes (herein referred to as “REAP 2.0 Guidelines”); and
WHEREAS, the Southern California Association of Governments (herein referred to as “SCAG”)
is the federally designated MPO for Southern California; and
WHEREAS, on April 12, 2023, SCAG released a Call for Applications for REAP 2.0; and
WHEREAS, the AUTHORITY submitted on behalf of the CITY and was awarded REAP 2.0
funding through SCAG for the PROJECT; and
WHEREAS, the AUTHORITY’s Board of Directors, at its July 24, 2023, meeting, approved
AUTHORITY’s financial commitment to the PROJECT of up to Three Million Six Hundred and Ninety
Thousand Dollars ($3,690,000); and
WHEREAS, AUTHORITY will provide Three Million Six Hundred and Ninety Thousand Dollars
($3,690,000) in REAP 2.0 funds to the CITY; and
WHEREAS, CITY agrees to act as the lead agency for preliminary engineering, right-of-way,
construction and construction management of PROJECT; and
WHEREAS, this Agreement defines the specific terms and conditions and funding responsibilities
between the PARTIES for completion of PROJECT; and
WHEREAS, AUTHORITY and SCAG have entered into a Memorandum of Understanding (MOU)
regarding the administration and delivery of projects awarded REAP 2.0 funds. The MOU requires certain
flow-down provisions to be included in all agreements entered for this PROJECT. These provisions are
contained in Exhibit B to this Agreement ; and
WHEREAS, the AUTHORITY’s Board of Directors authorized this Agreement on September 9,
2024; and
WHEREAS, CITY’s City Council approved this Agreement on _____ day of
______________________ 2024.
COOPERATIVE AGREEMENT NO. C-3-3087
Page 3 of 12
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
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY 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 condition(s) of this
Agreement between AUTHORITY and CITY concerning the PROJECT 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 Cooperative
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 CITY’s 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 CITY's 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. CITY’s failure to insist on any instance(s) of AUTHORITY’s performance of any term(s) or
condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY’s 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 CITY except when specifically confirmed in writing by an authorized representative of
CITY 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 terms and conditions, roles and responsibilities of the PARTIES as
they pertain to the subjects and PROJECT addressed herein. Both PARTIES agree that each will
COOPERATIVE AGREEMENT NO. C-3-3087
Page 4 of 12
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
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 the PROJECT:
A. AUTHORITY shall provide assistance to CITY in securing the REAP funds.
B. AUTHORITY shall not be authorized to program any amount beyond what has been
identified in this Agreement as REAP and what is ultimately approved for PROJECT by SCAG.
C.AUTHORITY shall review and approve CITY’s request for obligation of REAP funds prior
to submittal to SCAG.
D. AUTHORITY shall allocate the CITY’s share of the PROJECT in the amount not-to-
exceed Three Million Six Hundred and Ninety Thousand Dollars ($3,690,000) for the PROJECT using
REAP funds which will be billed to SCAG.
E. AUTHORITY shall process all required documents from the CITY to invoice SCAG on
behalf of the CITY for the REAP funds.
F. AUTHORITY shall submit all status reports as required by SCAG to maintain eligibility for
REAP funds.
G. AUTHORITY shall inform CITY in writing of any requested changes or delays to the
reimbursement of the PROJECT.
ARTICLE 4. RESPONSIBILITIES OF CITY
CITY agrees to the following responsibilities for the PROJECT:
A. CITY shall possess the legal authority to deliver this project and to finance, acquire, and
construct the PROJECT consistent with REAP 2.0 Goals and Objectives.
B. CITY shall act as the lead agency for the preliminary engineering, right-of-way,
construction and construction management of PROJECT.
C. CITY is responsible for completing PROJECT in accordance with the funding plan (Exhibit
A), and to abide by all SCAG programming guidelines, flow-down provisions (Exhibit B), and any and all
COOPERATIVE AGREEMENT NO. C-3-3087
Page 5 of 12
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
other State (California Department of Transportation) requirements.
D. CITY shall comply with all local and State project delivery requirements including, but not
limited to, Disadvantaged Business Enterprise, American with Disabilities Act, and Buy America
provisions.
E. CITY shall submit applicable National Environmental Policy Act (NEPA) and the California
Environmental Quality Act (CEQA) environmental documentation to AUTHORITY.
F. CITY shall procure in compliance with all applicable federal, state, and local laws and
regulations.
G. CITY shall coordinate with AUTHORITY to provide information to the SCAG Project
Manager regarding any existing solicitation for the PROJECT. Information shall be provided and a written
approval by the SCAG Project Manager shall be obtained. City will not advertise or award a contract
before SCAG authorization to proceed.
H.CITY shall draw down AUTHORITY’s REAP 2.0 funds directly and provide expenditure
reports to AUTHORITY reflecting drawdown of funds and funds expended for PROJECT and consistent
with flow-down provisions, as identified in Exhibit B.
I. CITY shall prepare and submit a quarterly report per Exhibit B requirements to
AUTHORITY within seven (7) days of the month following the end of each quarter (April, July, October,
and January).
J. CITY shall prepare and submit invoices and all required reports to AUTHORITY in a timely
manner in order to avoid any penalties that could reduce funding to PROJECT.
K. CITY agrees that any cost overruns shall be the responsibility of CITY.
L. If CITY receives local, state, or federal funds from a non-AUTHORITY source, CITY will
not invoice AUTHORITY for the amount received from the other non-AUTHORITY source(s).
M. CITY will notify AUTHORITY regarding any non-AUTHORITY revenues received for the
PROJECT and AUTHORITY funds may not pay for expenses already supported through these non-
AUTHORITY revenues.
COOPERATIVE AGREEMENT NO. C-3-3087
Page 6 of 12
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
N. CITY will notify AUTHORITY if REAP 2.0 funding are used for other than the intended
purposes as defined by federal or state guidelines.
O. CITY agrees that AUTHORITY reserves the right to change the fund source programmed
to the PROJECT and AUTHORITY would notify CITY of such a change.
A. CITY shall maintain and operate the property acquired, developed, rehabilitated, or
restored for the life of the resultant facility(ies) or activity.
B. Failure of CITY to abide by conditions above may result in modification of funding,
termination of this Agreement, and repayment of the REAP 2.0 funds.
ARTICLE 5. REQUEST FOR REIMBURSEMENT
In order for CITY to be reimbursed for incurred costs relative to PROJECT, CITY agrees:
A. To comply with all flow-down provisions contained in Exhibit B to this Agreement, which
are required by the MOU between AUTHORITY and SCAG, and specifically those related to invoicing.
B. If CITY uses CITY labor to accomplish PROJECT or services under PROJECT, CITY may
utilize its current approved CITY fiscal year budget overhead rate when seeking reimbursement.
C. To prepare and submit to AUTHORITY an invoice with supporting documentation within
15 days of paying CITY’s consultant(s). CITY’s invoice shall include allowable PROJECT costs incurred
and paid for by CITY. The invoice submitted by CITY shall be signed by an authorized agent who can
duly certify the accuracy of the included information.
D. The invoice shall be submitted on CITY’s letterhead.
E.The invoice shall be submitted by CITY, and in duplicate, to AUTHORITY’s Accounts
Payable Office. Each invoice shall include the following information:
1. Agreement Number C-3-3087
2. SCAG Project Number OWP No. 305-4926.01
3. The total of PROJECT expenditures shall specify the percent and amount of funds to
be reimbursed, and include support documentation for all expenses invoiced.
4. Progress report with adequate detail describing all work completed.
COOPERATIVE AGREEMENT NO. C-3-3087
Page 7 of 12
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
5. The time period covered by the invoice;
6. Labor (staff name, hours charged, hourly billing rate, current charges, and cumulative
charges) performed during the billing period;
7. Such other information as requested by AUTHORITY and SCAG as part of Exhibit B,
or to reasonably substantiate the validity of an invoice.
F.To consult with AUTHORITY’s Project Manager for questions regarding non-reimbursable
expenses.
G. That total payments shall not exceed the maximum obligation specified in ARTICLE 6.
MAXIMUM OBLIGATION.
ARTICLE 6. MAXIMUM OBLIGATION
Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY
mutually agree that AUTHORITY’s maximum cumulative payment obligation hereunder shall be Three
Million Six Hundred and Ninety Thousand Dollars ($3,690,000), unless agreed to and amended by both
PARTIES.
ARTICLE 7. DELEGATED AUTHORITY
Any actions required to be taken by CITY in the implementation of this Agreement, including
execution of amendments, are delegated to its Director of Public Works, or designee, and any actions
required to be taken by AUTHORITY in the implementation of this Agreement, including execution of
amendments,are delegated to AUTHORITY’s Chief Executive Officer, or designee.
ARTICLE 8. AUDIT AND INSPECTION
AUTHORITY and CITY shall maintain a complete set of records in accordance with generally
accepted accounting principles. The original records shall be maintained within the CITY limits. Upon
reasonable notice, CITY shall permit the authorized representatives of AUTHORITY to inspect and audit
all work, materials, payroll, books, accounts and other data and records of CITY for a period of not less
than four (4) years after final payment, or until any on-going audit is completed whichever is longer. For
purposes of audit, the date of completion of this Agreement shall be the later date of AUTHORITY’s
COOPERATIVE AGREEMENT NO. C-3-3087
Page 8 of 12
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
payment of CITY’s final billing (so noted on the invoice) or SCAG’s final payment of all REAP funds to
AUTHORITY under this Agreement. 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
construction contracts with CITY’s contractor.
ARTICLE 9. INDEMNIFICATION
A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors,
employees and agents from and against any and all claims (including attorney's fees and reasonable
expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker’s
compensation subrogation claims, damage to or loss of use of property alleged to be caused by the
negligent acts, omissions or willful misconduct by CITY, its officers, directors, employees or agents in
connection with or arising out of the performance of this Agreement.
B. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors,
employees and agents from and against any and all claims (including attorney’s fees and reasonable
expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker’s
compensation subrogation claims, damage to or loss of use of property alleged to be caused by the
negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees or
agents in connection with or arising out of the performance of this Agreement.
C. The indemnification and defense obligations of this Agreement shall survive its expiration
or termination.
ARTICLE 10. ADDITIONAL PROVISIONS
The AUTHORITY and CITY agree to the following mutual responsibilities:
A. Term of Agreement: This Agreement shall continue in full force and effect until December
31, 2026, or until all REAP funds have been expended, whichever is later. This Agreement may only be
extended upon written mutual consent by both PARTIES.
/
/
COOPERATIVE AGREEMENT NO. C-3-3087
Page 9 of 12
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
B. Amendment: This Agreement may be amended in writing at any time by the mutual
consent of both PARTIES. No amendment shall have any force or effect unless executed in writing by
both PARTIES.
C. Termination: In the event either PARTY defaults in the performance of any of their
obligations under this Agreement or breaches any of the provisions of this Agreement, the non-defaulting
Party shall have the option to terminate this Agreement upon thirty (30) days' prior written notice to the
other Party.
D. Termination for Convenience: Either PARTY may terminate this Agreement for
convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for
convenience to the other PARTY.
E. Compliance with All Laws: AUTHORITY and CITY 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 CITY 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.
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. Electronic signatures will 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
COOPERATIVE AGREEMENT NO. C-3-3087
Page 10 of 12
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
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. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to
authorize or require any PARTY to issue bonds, notes or other evidence of indebtedness under the terms,
in amounts, or for purposes other than as authorized by local, state or federal law.
K. Governing Law: The laws of the State of California and applicable local and federal laws,
regulations and guidelines shall govern this Agreement.
L. Litigation fees: Should litigation arise out of this Agreement for the performance thereof,
the court shall award costs and expenses, including attorney’s fees, to the prevailing PARTY.
M. Notices: Any notices, requests, or demands made between the PARTIES pursuant to this
Agreement are to be directed as follows:
To CITY:To AUTHORITY:
City of Santa Ana Orange County Transportation Authority
Traffic Engineering Section/M-43
20 Civic Center Plaza
Santa Ana, CA 92701
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
Attention: Nabil Saba
Executive Director, Public Works Agency
Phone: (714) 647-5654
Email: nsaba@santa-ana.org
Attention: Megan Bornman
Senior Contract Administrator
Phone: (714) 560-5064
E-mail: mbornman@octa.net
CC: Alicia Yang
OCTA Project Manager
Phone: (714) 560-5362
E-mail: ayang@octa.net
/
/
COOPERATIVE AGREEMENT NO. C-3-3087
Page 11 of 12
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
N. Successors and Assigns: The provisions of this Agreement shall bind and inure to the
benefit of each of the PARTIES hereto, and all successors or assigns of the PARTIES hereto.
O. Time is of the Essence: Time is of the essence for the work identified in Exhibit A. All
work must be completed no later than December 31, 2025.
P. 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.
This Agreement shall be effective upon execution by both PARTIES.
/
/
/
/
/
/
/
/
/
/
/
/
/
/
COOPERATIVE AGREEMENT NO. C-3-3087
Page 12 of 12
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
IN WITNESS WHEREOF, the PARTIES hereto have caused this Agreement
No. C-3-3087 to be executed as of the date of the last signature below.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY
By:
Alvaro Nunez
City Manager
Dated:
By:
Darrell E. Johnson
Chief Executive Officer
ATTEST:
By:
Jennifer L. Hall
City Clerk
Dated:
APPROVED AS TO FORM:
By:
Jonathan T. Martinez
Assistant City Attorney
APPROVED AS TO FORM:
By:
James M. Donich
General Counsel
APPROVED:
By:
Kia Mortazavi
Executive Director, Planning
RECOMMENDED FOR APPROVAL:
By:
Nabil Saba, P.E.
Executive Director, Public Works Agency
Dated:
APPROVED AS TO FORM:
By:
Jonathan T. Martinez
AittCit Att
Nabil Saba Digitally signed by Nabil Saba
Date: 2024.09.30 17:04:09 -07'00'