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HomeMy WebLinkAbout25B - COOPERATIVE AGREEMENT OCTA PROJECTS 126770, 126771 AND 126772REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 19, 2011 CLERK OF COUNCIL USE ONLY: TITLE APPROVED COOPERATIVE AGREEMENTS WITH ? As Recommended OCTA FOR IMPLEMENTATION OF ? As Amended ls' Reading REGIONAL TRAFFIC SIGNAL El Ordinance on El Ordinance on 2 n "d Reading SYNCHRONIZATION PROJECTS ? Implementing Resolution (126770, 126771 AND 126772) ? Set Public Hearing For_ 1 CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached cooperative agreements with the Orange County Transportation Authority (OCTA) subject to nonsubstantive changes approved by the City Manager and City Attorney to implement three Measure M Regional Traffic Signal Synchronization Projects. DISCUSSION On March 7, 2011, Council authorized staff to submit joint applications with other agencies for funding under the renewed Measure M2 Regional Traffic Signal Synchronization Program to provide interjurisdictional traffic signal synchronization and improvements along several corridors in the city. On June 30, 2011, the OCTA Board approved the local agencies' funding request for implementation of traffic signal synchronization and improvements on the following corridors: MacArthur Boulevard/Talbert Avenue from Wal-Mart Center to State Route-55 Tustin Avenue/Rose Street from 1 st Street to Yorba Linda Boulevard Warner Avenue from Pacific Coast Highway to Red Hill Avenue The other local agencies participating in these three projects are Huntington Beach, Fountain Valley, Tustin, Orange, Anaheim, Placentia, and Caltrans. The Measure M2 grant approved for the three corridors totals $1,697,305 with the local agencies providing a 20 percent match for $424,328. Santa Ana's grant amount is $632,608 with a 20 percent match of $145,615. The following table reflects the funding breakdown: 25B-1 Cooperative Agreements With OCTA December 19, 2011 Page 2 Project Costs Santa Ana's Portion Corridors Total M2 Grant Local Match M2 Grant Match MacArthur Blvd./Talbert St. $490,320 $392,256 $98,064 $219,360 $54,840 Tustin Ave/.Rose St. $854,000 $683,200 $170,800 $96,464 $27,400 Warner Ave. $7777313 $621,849 $155,464 $316,784 $63,375 Total $2,121,633 $1,697,305 $424,328 $632,608 $145,615 OCTA will be the lead agency in implementing these projects. Each cooperative agreement identifies the roles and responsibilities of OCTA and the local agencies. The agreement also stipulates that OCTA is committed to funding and implementing the projects, and will provide oversight to maintain interjurisdictional synchronization on the projects during the three-year grant period. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for the local match of 20 percent in the amount of $145,615 are available in Traffic Congestion Relief HUT (accounting unit 05917663-66220). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Executive Director Public Works Agency RG/VN Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Cooperative Agreement No. C-1-3022 2. Cooperative Agreement No. C-1-3023 3. Cooperative Agreement No. C-1-3024 25B-2 1 COOPERATIVE AGREEMENT NO. C-1-3022 2 BY AND BETWEEN 3 ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 THE CITIES FOUNTAIN VALLEY, HUNTINGTON BEACH, SANTA ANA 6 AND 7 THE STATE OF CALIFORNIA 8 FOR 9 IMPLEMENTATION OF 10 THE MACARTHUR BOULEVARD / TALBERT AVENUE FUNDED AS PART OF THE MEASURE M2 11 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P) 12 THIS AGREEMENT, is effective this - day of , 2011 by and between the Orange 13 County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863- 14 1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"), and the .15 Cities of Fountain Valley, Huntington Beach, Santa Ana, and the State of California (hereinafter 16 referred to as the "PARTICIPATING AGENCIES"). 17 WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES are 18 working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the 19 Renewed Measure M (M2) Regional Traffic Signal Synchronization Program Project P (Project P) to 20 enhance countywide traffic flow and reduce congestion; and 21 WHEREAS, AUTHORITY has completed the competitive 2010 Call for Projects (hereinafter, 22 "2010 CALL") in support of Project P and awarded Project P funds based on the application 23 (hereinafter, "APPLICATION") prepared by the City of Santa Ana (hereinafter referred to as the 24 "APPLICANT AGENCY") for implementation of signal synchronization of traffic signals along 25 MacArthur Boulevard / Talbert Avenue Corridor (hereinafter, `PROJECT'); and 26 WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected Exhibit 1 25B-3 COOPERATIVE AGREEMENT C-1-3022 1 to designate the AUTHORITY and AUTHORITY agrees to act as the implementing agency to carry out 2 the signal coordination PROJECT; and 3 WHEREAS, the PROJECT will include approximately twenty-six (26) traffic signals as 4 identified in the APPLICATION and illustrated in the PROJECT Scope of Work, which is attached 5 and referred to herein as Attachment A; and 6 WHEREAS, the PROJECT will include elements identified in the APPLICATION including 7 certain hardware and software upgrades to traffic controllers, traffic telecommunications and intertie 8 systems, central traffic master controllers -and associated systems (hereinafter collectively referred 9 to as "TRAFFIC CONTROL ELEMENTS"), will be constructed and/or installed and implemented as 10 part of the PROJECT as identified in Attachment A; and 11 WHEREAS, AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate 12 the inclusion of other traffic control elements that must be installed at the same time as the 13 construction of the PROJECT that are NOT included in Attachment A and will be the responsibility of 14 the AGENCY owning each and any of those traffic control elements during the course of the project; 15 and 16 WHEREAS AUTHORITY agrees to implement the PROJECT based on Attachment A and with 17 a combined cash and in-kind match of ninety-eight thousand, sixty-four Dollars ($98,064.00), equivalent 18 to twenty percent (20%) of the PROJECT cost (see Attachment 13); and 19 WHEREAS, AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this 20 Agreement to implement the PROJECT in support of Project P as part of M2; and 21 WHEREAS, this Cooperative Agreement defines the specific terms, conditions and funding 22 responsibilities between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation 23 of the PROJECT. 24 WHEREAS, the Orange County Transportation Authority Board of Directors approved funding 25 for the PROJECT and authorized the Chief Executive Officer to negotiate and execute.this cooperative 26 agreement on June 13, 2011. Page 2 of 14 25B-4 COOPERATIVE AGREEMENT C-1-3022 1 WHEREAS, the CITY of Fountain Valley's City Council approved this Agreement on the 2 day of , 20 3 WHEREAS, the CITY of Huntington Beach's City Council approved this Agreement on the 4 day of 20 ,5 WHEREAS, the CITY of Santa Ana's City Council approved this Agreement on the 6 day of 20 7 WHEREAS, the State of California Department of Transportation's Deputy District Director of 8 Operations approved this Agreement on the day of , 20 9 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the 10 PARTICIPATING AGENCIES as follows: 11 ARTICLE 1. COMPLETE AGREEMENT 12 A. This Agreement constitutes the complete and exclusive statement of the terms and 13 conditions of the Agreement between AUTHORITY and the PARTICIPATING AGENCIES concerning 14 the PROJECT roles and responsibilities and required PROJECT match and supersedes all prior 15 representations, understandings and communications between the parties. The above-referenced 16 Recitals are true and correct and are incorporated by reference herein. 17 B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES's 18 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or 19 relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or 20 condition(s), and AGENCY's obligation in respect thereto shall continue in full force and effect. Changes 21 to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically 22 confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to 23 this Agreement and issued in accordance with the provisions of this Agreement. 24 C. PARTICIPATING AGENCIES's failure to insist on any instance(s) of AUTHORITY's 25 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or 26 relinquishment of PARTICIPATING AGENCY's right to such performance or to future performance of Page 3 of 14 25B-5 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 C-1-3022 such term(s) or condition(s); and AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING AGENCIES except when specifically confirmed in writing by an authorized representative of 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 PARTICIPATING AGENCIES 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 APPLICATION prepared by the APPLICANT AGENCY in accordance with the policies and procedures contained in the CTFP Guidelines. B. AUTHORITY shall provide oversight in order to maintain inter jurisdictional traffic signal operational integrity between PROJECT and other existing and new M2 Project P funded projects. C. AUTHORITY shall perform web-based public outreach activities for the project to communicate major project milestones and results. D. AUTHORITY shall provide formats, templates, and guidance in reporting requirements as described in CTFP. E. AUTHORITY, or agents of AUTHORITY, may upon close-out of PROJECT under this Agreement, perform an audit and or technical review to ensure that the CTFP Guidelines policies and procedures were followed. Such an audit shall be performed within one hundred and eighty (180) days after the PROJECT three-year grant period is complete. If the audit or technical review determines that any of the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must Page 4 of 14 25B-6 3 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 C-1-3022 return the amount of funding used to perform the ineligible activity to AUTHORITY. F. AUTHORITY will invoice the PARTICIPATING AGENCIES as identified in the PROJECT 2010 CALL APPLICATION and Attachment B for the dollar match at the start of the PROJECT. G. AUTHORITY will request updates on the PROJECT as part of semi-annual review process, including documentation of in-kind match conforming to Attachment B 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. RESPONSIBILITES 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 will act as the LEAD AGENCY for the work necessary to manage, procure, and complete the PROJECT as identified in Attachment A, which is attached to and, by this reference, incorporated in and made a part of this agreement. B. To coordinate outreach with the?PARTICIPATING AGENCIES for the PROJECT. C. To collect manual intersection movement and automated machine traffic counts. D. To develop new timing plans optimized for signal synchronization. E. To provide updated timing plans and traffic count data to the PARTICIPATING AGENCIES. F. To prepare a "Before and After Study" for the PROJECT. As described in the Measure M2 Eligibility Guidelines adopted by the AUTHORITY, the "Before and After Study" for the project is considered the equivalent of the required Project Final Report (Measure M2 Ordinance No. 3, Section B.111.9) for the project. The AUTHORITY shall provide the "Before and After Study" to the PARTICIPATING AGENCIES in draft and final formats for comment and comments shall be noted in the final study. Page 5 of 14 25B-7 COOPERATIVE AGREEMENT C-1-3022 1 G. To provide Ongoing Maintenance and Operation of optimized signal timing after Primary 2 Implementation of the PROJECT is completed and continue until the end of the three year grant period. 3 ARTICLE 5. RESPONIBILITES OF THE PARTICIPATING AGENCIES 4 The PARTICIPATING AGENCIES agree to the following responsibilities for implementation 5 and funding of the PROJECT: 6 A. Provide a technical representative to meet and participate as a member of the 7 project's Traffic Forum. 8 B. To authorize the AUTHORITY to manage, procure, and implement all aspects of the 9 project. 10 C. To participate and support the PROJECT implementation within the timeframe 11 outlined in the APPLICATION and consistent with the CTFP Guidelines adopted by the 12 AUTHORITY. 13 D. To provide the AUTHORITY all current intersection, local field master, and/or central 14 control system timing plans and related data upon request. 15 E. To provide the local match and/or documentation for the in-kind services for the 16 project in accordance with Attachment B. Failure to provide included match and/or evidence of in- 17 kind service may result in the loss of future participation for competitive funds. 18 F. PARTICIPATING AGENCIES that have included a dollar match as identified in 19 Attachment B shall provide payment for the dollar match to the AUTHORITY within 30 calendar days of 20 receipt of an invoice. 21 G. PARTICIPATING AGENCIES that have included an in-kind match as identified in 22 Attachment B shall provide documentation of conformance as part of the semi-annual review process. 23 H. PARTICIPATING AGENCIES shall provide updates to the AUTHORITY on the 24 PROJECT as part of semi-annual review process until completion of the three year PROJECT grant 25 period. Documents to be provided include, but are not limited to, payroll records, contracts, and 26 purchase orders. Page 6 of 14 25B-8 COOPERATIVE AGREEMENT C-1-3022 1 1. PARTICIPATING AGENCIES shall continue Ongoing Maintenance and Operation after 2 the three year grant period is complete and continue until the end of the PROJECT if specified as part 3 of the Attachment A Maintenance of Effort section. 4 ARTICLE 6. DELEGATED AUTHORITY 5 The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this 6 Agreement are delegated to its City Managers, or equivalent designee, and the actions required to be 7 taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief 8 Executive Officer. 9 ARTICLE 7. AUDIT AND INSPECTION 10 AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in 11 accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING 12 AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work, 13 materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a 14 period of four (4) years after final payment, or until any on-going audit is completed. For purposes of 15 audit, the date of completion of this Agreement shall be the date of AUTHORITY's payment of 16 PARTICIPATING AGENCIES' final billing (so noted on the invoice), if applicable, under this Agreement. 17 AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above 18 provision with respect to audits shall extend to and/or be included in contracts with PARTICIPATING 19 AGENCIES' contractor. 20 ARTICLE 8. INDEMNIFICATION 21 A. The PARTICIPATING AGENCIES shall jointly and severally indemnify, defend and hold 22 harmless the AUTHORITY, it's officers, directors, employees and agents from and against any and all 23 claims (including attorney's fees and reasonable expenses for litigation and settlement) for any loss or 24 damages, bodily injuries, damage to, or loss of property caused by the negligent acts, omissions or 25 willful misconduct by the PARTICIPATING AGENCIES, its officers, directors, employees or agents in 26 connection with or arising out of the performance of this Agreement. Page 7 of 14 25B-9 COOPERATIVE AGREEMENT C-1-3022 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. The PARTICIPATING AGENCIES shall maintain adequate levels of insurance, or self- insurance to assure full indemnification of AUTHORITY. C. AUTHORITY shall indemnify, defend and hold harmless the PARTICIPATING AGENCIES, its officers, directors, employees or agents, and/or its officers, directors, employees or agents from and against any and all claims (including attorney's fees and reasonable expenses for litigation and settlement) for any loss or damages, bodily injuries, damage to, or loss of property 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. D. AUTHORITY shall maintain adequate levels of insurance, or self-insurance to assure full indemnification of the PARTICIPATING AGENCIES. ARTICLE 9. ADDITIONAL PROVISIONS A. Term of Agreement: This Agreement shall continue in full force and effect until September 30, 2014. This Agreement may be extended at the mutual consent of both parties. B. This Agreement may be extended or 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. The AUTHORITY and the PARTICIPATING AGENCIES agree to work together in good faith, using reasonable efforts to resolve any unforeseen issues and disputes arising out of the performance of this Agreement. D. Legal Authority: The AUTHORITY and the PARTICIPATING AGENCIES hereto represent 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. E. Severability: If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Page 8 of 14 25B-10 COOPERATIVE AGREEMENT C-1-3022 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. 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 will be permitted. G. In the event that the PROJECT Costs exceed the estimates as submitted in the APPLICATION as prepared by the APPLICANT AGENCY, all parties agree to meet and determine PROJECT revisions to meet the budget or a revised funding proposal by PARTICIPATING AGENCIES which shall be documented and submitted in writing as a revision to the agreement. H. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal, state and local laws, statutes, ordinances and regulations of any governmental authority having jurisdiction over the PROJECT. 1. 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. J. 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. K. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the terms, in amounts, or for purposes other than as authorized by local, state or federal law. Page 9 of 14 25B-11 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 C-1-3022 L. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement. M. 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. N. Notices: Any notices, requests, or demands made between the parties pursuant to this Agreement are to be directed as follows: To CITY OF FOUNTAIN VALLEY: To AUTHORITY: City of Fountain Valley Orange County Transportation Authority 10200 Slater Avenue Fountain Valley, CA 92708 550 South Main Street P. O. Box 14184 Orange, CA 92863-1584 Attention: Temo Galvez Senior Civil Engineer Attention: Venita Todd Senior Contracts Administrator Tel. 714/593-4517 Tel: 714/560-5446 email: temo.galvez fountainvallev.org email: vtoddP octa.net - Page 10 of 14 25B-12 COOPERATIVE AGREEMENT C-1-3022 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 CITY OF SANTA ANA: To CITY OF HUNTINGTON BEACH: City of Santa Ana City of Huntington Beach Public Works Agency 20 Civic Center, M-43 Santa Ana, CA 92701 2000 Main Street Huntington Beach, CA 92648 Attention: Vinh Nguyen Senior Civil Engineer Attention: William Janusz Principal Civil Engineer Tel: 714/647-5612 Tel: 714/374-1628 email: vn u en santa-ana.or email: w'anusz surfcit -hb.or To STATE OF CALIFORNIA: State of California 6681 Marine Way Irvine, CA 92618 Attention: Fedrico Hormozi Senior Electrical Engineer Tel: 949/936-3464 email: fedrico hormozi(rDdot.ca.gov Page 11 of 14 25B-13 COOPERATIVE AGREEMENT C-1-3022 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement 2 No. C-1-3022 to be executed on the date first above written. 3 CITY OF FOUNTAIN VALLEY ORANGE COUNTY TRANSPORTATION AUTHORITY 4 BY: By: 5 Steve Nagel Will Kempton 6 Mayor Chief Executive Officer 7 ATTEST: APPROVED AS TO FORM: 8 By: By: 9 Kathy Bailor Kennard R. Smart, Jr. City Clerk General Counsel 10 11 APPROVED AS TO FORM: APPROVAL RECOMMENDED: 12 BY: By: 13 Alan Bums Kia Mortazavi 14 City Attorney Executive Director, Planning 15 Dated: Dated: 16 17 18 19 20 21 22 23 24 25 26 Page 12 of 14 25B-14 COOPERATIVE AGREEMENT C-1-3022 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-'[-3022 to be executed on the date first above written. CITY HUNTINGTON BEACH By: Joe Carchio Mayor ATTEST: By: Joan L. Flynn City Clerk APPROVED AS TO FORM: By: Jennifer McGrath City Attomey Dated: I Page 13 of 14 25B-15 COOPERATIVE AGREEMENT C-1-3022 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-1-3022 to be executed on the date first above written. CITY SANTA ANA By: Miguel Pulido Mayor ATTEST: By: Maria D. Huizar City Clerk APPROVED AS TO FORM: By: Joe Straka City Attorney Dated: Page 14 of 14 25B-16 AGREEMENT C-1-3022 MacArthur Boulevard/Talbert Avenue ATTACHMENT A Project P Corridor Scope of Work MacArthur Boulevard/Talbert Avenue INTRODUCTION The Renewed Measure M (M2), Project P - Regional Traffic Signal Synchronization Program (RTSSP) is a mufti-agency, corridor-based approach. that optimizes traffic signal timing based on analysis of metrics obtained from existing traffic patterns. This approach acknowledges local agency responsibility and control of signal timing and coordinates with project agencies to develop acceptable synchronization timing. The PARTICPATING AGENCIES/AGENCY (AGENCIES) along the MacArthur Boulevard]Talbert Avenue corridor (PROJECT) have requested, as detailed in the approved application, that the Orange County Transportation Authority (AUTHORITY) be designated as the LEAD AGENCY. AUTHORITY will administer the work with the assistance of consulting or contractor services to provide project management, traffic signal timing optimization, and implementation of approved equipment upgrades as submitted in the application for PROJECT. This scope requires the active assistance by all corridor AGENCIES throughout the process even without special reference to their participation. PROJECT TRAFFIC SIGNAL SYNCHRONIZATION - PRIMARY IMPLEMENTATION The following is an outline of the scope of services for PROJECT Primary Implementation that is associated with developing and implementing optimal PROJECT time-of day traffic signal coordination plans: 1) Project Administration AUTHORITY shall provide general project administration, environmental processing, and quality control. PARTICIPATING AGENCIES shall provide support project management services for the project intersections located within their jurisdiction and assist in maintaining PROJECT schedule. a) Data Collection The AUTHORITY will assemble with the assistance of PARTICIPATING AGENCIES the necessary data to understand the existing traffic conditions for the PROJECT and its respective traffic signal operations. This shall include, at minimum, the following: • All data, documents, plans, photos, etc. related to each Project intersection within the past two years 25B-17 AGREEMENT C-1-3022 MacArthur Boulevard/Talbert Avenue ATTAC HM ENT A • Local agency timing preferences or policies for all modes of travel and special intersection treatments • Manual and Machine Traffic counts for highway links and intersections for weekday and weekend time periods for all modes of travel. Special 72-hour video counts will be conducted at up to eight (8) intersections along the corridor with established special modal. use. b) Field Reviews AUTHORITY shall conduct PROJECT field reviews to verify collected data including geometric layout, inventory of existing traffic signal control and communications, and any and all factors that impact or affect signal progressions. AUTHORITY in coordination with the PARTICIPATING AGENCIES shall identify mitigations for the existing traffic signal control equipment or geometric layouts to determine recommended PROJECT related improvements 2) Signal Synchronization Timing The AUTHORITY shall develop a signal synchronization model using Synchro and Sim Traffic 8.0 and Tru -- Traffic 9.0 to verify the operation of existing timing and then produce and evaluate potential timing changes that would improve or refine the corridor traffic flows through improved optimized signal operations. The PARTICIPATING AGENCIES shall be involved in the review and validation of the recommended signal timing. The OCTA Corridor Synchronization Performance Index (CSPI) combines Average Speed, Stops per Mile, and Greens per Red (number of intersections successfully traversed on a Green Light vs. Stopped by a Red Light) into a composite index. The CSPI shall be the defined metric in this evaluation The AUTHORITY shall utilize the approved Optimized Signal Timing and implement the timing into the central and field controller systems and provide Fine Tuning services. The After Study Travel Time Runs Shall be performed and the Before to After comparison CSPI shall then be determined 3) Before and After Studies and Reports AUTHORITY shall conduct real-time floating car "runs" in each direction during the planned (Before) and implemented (After) time periods of PROJECT traffic signal synchronization. Summary reports shall be prepared by AUTHORITY in coordination with the 25B-18 AGREEMENT C-1-3022 MacArthur Boulevard/Talbert Avenue ATTACHMENTA PARTICIPATING AGENCIES to indentify improvements in metrics from the Before to After conditions- The Before and After Study shall constitute the PROJECT Final Report. Additionally, this report shall document improvements accomplished and recommend procedures for continuing maintenance, surveillance, and evaluation of the coordinated signal system. 4. Engineering Design Review, and Procurement/Construction - Support Infrastructure Each AGENCY shall provide sufficient staffing to provide Engineering Design Review of Consultant provided design documentation. If design documentation is provided by the AGENCY for PROJECT, the Engineering Design Review requirement shall be satisfied. Purchase and construction/installation of the requested traffic signal infrastructure and upgrades, software, licenses, or other components as approved in the application shall be by the AUTHORITY in the name of and for the end user AGENCY. The AUTHORITY shall work with the PARTICIPATING AGENCIES to coordinate design, identification of applicable standards/specrications, purchasing and/or installation of the required improvements. Design and other technical support to implement the upgrades shall be subject to the designated cost estimate. The budget for these improvements is fixed to the approved budget and will be subject to revised scope or additional contributions. The highest priority improvements shall be those that are required to optimize signal timing. The AGENCY shall waive all fees for permits and inspections and shall provide sufficient professional staffing to provide construction support and inspection services to PROJECT. PROJECT TRAFFIC SIGNAL SYNCHRONIZATION - ON GOING MAINTENANCE AND MONITORING The following is a summary of the on-going maintenance and monitoring for PROJECT: I) Continued Signal Timing Support From the date of completion and acceptance of the signal timing implementation by the AGENCIES, the AUTHORITY shall provide regularly scheduled monthly signal timing support to monitor, observe, fine-tune and optimize the signal timing and phasing operation, PROJECT wide. The AUTHORITY shall provide a reporting mechanism to the AGENCIES documentina anv chanaes mariP nr racnmmanrlorl mrfurli- maintenance issues regarding systems components directly related to the Systems 25B-19 AGREEMENT C-1-3022 MacArthur Boulevard/Talbert Avenue ATTACHMENTA infrastructure installed or constructed through PROJECT. This Continued Signal Timing Support period will end after two years (24 months) or no longer than the PROJECT grant period. 2) Two Year Communication and Detection Support Authority shall provide regular monthly scheduled communication and detection support to ensure necessary conditions for signal synchronization. This will primarily focus on the monitoring and reporting of communications and detection issues. As issues are identified, they will be reported to the local agencies and potential repairs will be identified with local agencies' consultation. 25B-20 AGREEMENT C-1-3022 PROJECT P - MACARTHUR BLVDJTALBERT AVE. - WORK BY LOCATION ATTACHMENT A MacArthur Boulevard / Talbert Avenue - Work by Location ::: :..... h f BI rl:It1#?it ]4v; L"ocatioii _..; :. sctipt?on of 1NorIt:Xi>x LtxGal?oi Caltrans I SR-55 NB Ramps 1 58 2070 cu, com6A, gps Caltrans SR-55 SB Ramps 2 228 2070 cu, com6A, gps Santa Ana MacArthur Place 3 2570 S anta a Ana Main Street 4 2569 es-F, ee-TP, BT Santa Ana Birch Street 5 2949 Santa Ana Flower Street 6 2568 Santa Ana Towner 7 2469 Santa Ana Bristol Street 8 2567 es, ee-TP, VD, BT, E VC, media CAT-5, W, VS Santa Ana Plaza Drive 9 2473 ee-TP Santa Ana Bear Street 10 2565 es-F, W, E I/C F24 Santa Ana Raitt Street 11 2625 es-F, W, N IJC F24 Santa Ana Greenville Street 12 2468 es-F, N I/C F24 Santa Ana Fairview Street 13 2566 es-F, VD, BT, E I/C F24, media CAT-5, VS Santa Ana Susan Street 14 2564 Santa Ana Home Depot 15 2467 Santa Ana Harbor Boulevard 16 2562 es, ee, VD, BT, E I/C, W, VS, media CAT-5 Santa Ana Hyland Avenue 17 2563 w Fountain Valley Newhope Street 18 7096 Fountain Valley Euclid Street 19 7063 Fountain Valley Ward Street 20 7064 N I/C F24 Fountain Valley Brookhurst Street 21 7062 N I/C F24 Fountain Valley Cashew Street / Foster Street 22 7059 Fountain Valley Bushard Street 23 7061 Fountain Valley Magnolia Street 24 7065 Huntington Beach Newland Street 25 3883 WR (master location) Huntington Beach Wal-Mart Shopping Center 26 3984 WR (slave location) cu =controller unit; ca =controller assembly includes cu + all necessary equipment and appurtenances + es; ce = cabinet equipment; es = ethernet switch; FS = Fiber Switch; ee = ethernet extender; gps = gps interface and antennae installed; 2070 = 2070 Com## - 2070 Communication Module, 170E - Field Master; CM = Modem - Communication Module; C = CenTracs; TAC = TACTICS; ASCL = ACS Lite A = Aries; Existing or New I/C = Interconnect Conduit with media; media - F = Fiber Optic, TP = ## pair Twisted; VD = Video Detection; WD - Wireless Detection SD - System Detection; VS = Video Surveillance System; W = WiFi; WR = Wireless Radio; BT- Bluetooth; L = Loop Detector; EVP = Emergency veh. pre-empt; T ## = Type If or III Electrical Service; a # following item codes = quantity (i.e. L42 = install 42 loop detectors); * = shared ownership; ** following task code = NOT APART, agency pays 100% for that task only; m - cu =modify existing controller. New controller maybe substituted if functionally equivalent. CONSULTANT is cautioned to verify interconnect components in field. All equipment is furnished and installed and/or modify existing installation with 1 year guaranty on labor and material. f=irmware and Software Upgrades for installed specified systems are included in the installed price for a period of 3 years. Excludes new software for new features not originally installed nor specified to be installed and included. Removal of existing equipment and appurtenances is included in the furnish and install or modify existing installation price, PS & E may be available at no cost to the Consultant from Project Agencies. 25B-21 AGREEMENT C-4-3022 PROJECT P - MACARTHUR BLVD./TALBERT AVE. - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Santa Ana Instructions: Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, ViDS, etc. that are not part of the intersection listing on the Main Data Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish. Priori Description Comments 1 Provide ethernet extenders for IP over Copper at MacArthur/Birch 2 Provide ethernet extenders for IP over Copper at MacArthur/Flower 3 Provide ethernet extenders for IP over Copper at MacArthurfrowner 4 Replace existing traffic cabinet with new Type 332 Traffic Signal Cabinet at MacArthur/Main 5 Replace existing traffic cabinet with new Type 332 Traffic Signal Cabinet at MacArthur/Flower 25B-22 AGREEMENT C-1-3022 PROJECT P - MACARTHUR BLVDJTALBERT AVE. = WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Fountain Valley Lions: Enter any special circumstance such as conduit, communications, central or field master ations, new systems, TMC, VIDS, etc. that are not part of the intersection listing on the Main Data Prioritize with 1 being best and 5 being worst. Add items if you wish. location: TBD 25B-23 AGREEMENT C-1-3022 PROJECT P - MACARTHUR BLVD.ITALBERT AVE. - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Huntington Beach actions: Enter any special circumstance such as conduit, communications, central or field mast ications, new systems, TMC, YIDS, etc. that are not part of the intersection listing on the Main Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish. H 1 (Wireless Radio at City Hall (5.8 GHz) 1 11 25B-24 AGREEMENT C-1-3022 PROJECT P - MACARTHUR BLVD./TALBERT AVE. - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Caltrans actions: Enter any special circumstance such as conduit, communications, central or field mast ications, new systems, TMC, YIDS; etc. that are not part of the intersection listing an the Main Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish. Controller 170E Model 400 communication modem 25B-25 AGREEMENT NO. C-1-3022 ATTACHMENT B Local Match Commitment Details of Matching Funds: (must be consistent with PROJECT APPLICATION): Provide details in tables Direct Dollar Match Total Dollar Match for the Project - $ 37,424 In Lieu Funding: Total In Lieu Funding for the Project: $ 60,640 Total Match for Project $ 98,064 Direct Dollar Match - Agency Funding Source Amount of Direct Contribution City of Fountain Valley $ 31,860 City of Huntington Beach $ 5,564 TOTAL $ 37,424 In Lieu/Soft Match of Improvements or Staffing Support Specific Improvements and Services (List items and Cost) Agency Improvement Date of Construction Expenditure $ TOTAL $ 25B-26 AGREEMENT NO. C-1-3022 ATTACHMENT B Staffing Commitment: Agency Staff Position Type of Service to No. of Hourly Rate (including Total Project Hours burden - City of Santa Ana Sr. Civil Engineer Project Admin 50 $180.46/hour $ 9,023* City of Santa Ana Assistant Engineer II Project Design / Implementation 160.38 $149.91/hour $ 24,042.60* City of Santa Ana Assistant Traffic O per Engineer Project Design / Implementation 90 $142.76/hour $ 12,848.40* City of Santa Ana Engineering Interns Project Design / Implementation 200 $44,63/hour $ 8,926* Caltrans Engineering Project Admin 58 $100/hour $ 5,800* TOTAL $ 60,640* ..4 ,. 3L._ I otaanivunt. Is tile required participation by the identified agency. The number of hours and hourly rate will be based on each agency's actual billing rates, which must collectively equal the same value of the assigned 'Total" dollars. Each agency will be responsible for keeping detailed records of hours worked and description of work. An accounting record of personnel, hours, and burden rate is expected to be included with the final submittal. Records will be subject to auditing. 25B-27 25B-28 t` 1 COOPERATIVE AGREEMENT NO. C-1-3023 2 BY AND BETWEEN 3 ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 THE CITIES HUNTINGTON BEACH, FOUNTAIN VALLEY, SANTA ANA, TUSTIN 6 AND 7 THE STATE OF CALIFORNIA 8 FOR 9 IMPLEMENTATION OF 10 THE WARNER AVENUE PROJECT FUNDED AS PART OF THE MEASURE M2 REGIONAL 11 TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P) 12 THIS AGREEMENT, is effective this _ day of , 2011 by and between the 13 Orange. County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 14 92863-1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"), 15 and the Cities of Huntington Beach, Fountain Valley, Santa Ana, Tustin, and the State of California 16 (hereinafter referred to as the "PARTICIPATING AGENCIES"). 17 WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES are 18 working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the 19 Renewed Measure M (M2) Regional Traffic Signal Synchronization Program Project P (Project P) to 20 enhance countywide traffic flow and reduce congestion; and 21 WHEREAS, AUTHORITY has completed the competitive 2010 Cali for Projects (hereinafter, 22 "2010 CALL") in support of Project P and awarded Project P funds based on the application 23 (hereinafter, "APPLICATION") prepared by the City of Fountain Valley (hereinafter referred to as the 24 "APPLICANT AGENCY") for implementation of signal synchronization of traffic signals along Warner 25 Avenue (hereinafter, "PROJECT'); and 26 WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected Exhibit 2 Page 1 of 16 25B-29 COOPERATIVE AGREEMENT NO. C-1-3023 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 designate the AUTHORITY and AUTHORITY agrees to act as the implementing agency to carry out the signal coordination PROJECT; and WHEREAS, the PROJECT will include approximately forty-three (43) traffic signals as identified in the APPLICATION and illustrated in the PROJECT Scope of Work, which is attached and referred to herein as Attachment A; and WHEREAS, the PROJECT will include elements identified in the APPLICATION including certain hardware and software upgrades to traffic controllers, traffic telecommunications and intertie systems, central traffic master controllers and associated systems (hereinafter collectively referred to as "TRAFFIC CONTROL ELEMENTS'), will be constructed and/or installed and implemented as part of the PROJECT as identified in Attachment A; and WHEREAS, AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate the inclusion of other traffic control elements that must be installed at the same time as the construction of the PROJECT that are NOT included in Attachment A and will be the responsibility of the AGENCY owning each and any of those traffic control elements during the course of the project; and WHEREAS AUTHORITY agrees to implement the PROJECT based on Attachment A. The PARTICIPATING AGENCIES agree to a combined cash and in-kind match of one hundred, fifty-five thousand, four hundred, sixty-four dollars ($155,464.00), equivalent to twenty percent (20%) of the PROJECT cost (see Attachment B); and WHEREAS, AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this Agreement to implement the PROJECT in support of Project P as part of M2; and WHEREAS, this Cooperative Agreement defines the specific terms, conditions and funding responsibilities between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation of the PROJECT. WHEREAS, the Orange County Transportation Authority Board of Directors approved funding for the PROJECT and authorized the Chief Executive Officer to negotiate and execute this cooperative Page 2 of 16 25B-30 COOPERATIVE AGREEMENT NO. C-1-3023 1 agreement on June 13, 2011 2 WHEREAS, the CITY of Huntington Beach's City Council approved this Agreement on the 3 day of 20 4 WHEREAS, the CITY of Fountain Valley's City Council approved this Agreement on the 5 day of , 20 6 WHEREAS, the CITY of Santa Ana's City Council approved this Agreement on the 7 day of 20 8 WHEREAS, the CITY of Tustin's City Council approved this Agreement on the 9 day of , 20 10 WHEREAS, the State of California Department of Transportation's Deputy District Director of 11 Operations approved this Agreement on the day of , 20 12 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the 13 PARTICIPATING AGENCIES as follows: 14 ARTICLE 1. COMPLETE AGREEMENT 15 A. This Agreement, including any attachments incorporated herein and made applicable by 16 reference, constitutes the complete and exclusive statement of the terms and conditions of this 17 Agreement between AUTHORITY and the PARTICIPATING AGENCIES and it supersedes all prior 18 representations, understandings and communications between the parties. The invalidity in whole or in 19 part of any term or condition of this Agreement shall not affect the validity of other term(s) or 20 conditions(s) of this Agreement. The above referenced Recitals are true and correct and are 21 incorporated by reference herein. 22 B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES's 23 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or 24 relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or 25 condition(s), and AGENCY's obligation in respect thereto shall continue in full force and effect. Changes 26 to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically Page 3 of 16 25B-31 COOPERATIVE AGREEMENT NO. C-13023 1 confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to 2 this Agreement and issued in accordance with the provisions of this Agreement. 3 C. PARTICIPATING AGENCIES's failure to insist on any instance(s) of AUTHORITY's 4 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or 5 relinquishment of PARTICIPATING AGENCY's right to such performance or to future performance of 6 such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force 7 and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING 8 AGENCIES except when specifically confirmed in writing by an authorized representative of 9 PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in 10 accordance with the provisions of this Agreement. 11 ARTICLE 2. SCOPE OF AGREEMENT 12 This Agreement specifies the roles and responsibilities of the PARTIES as they pertain to the 13 subjects and projects addressed herein. Both AUTHORITY and PARTICIPATING AGENCIES agree 14 that each will cooperate and coordinate with the other in all activities covered by this Agreement and 15 any other supplemental agreements that may be required to facilitate purposes thereof. 16 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY 17 AUTHORITY agrees to the following responsibilities for funding of the PROJECT: 18 A. AUTHORITY shall implement the PROJECT based on the APPLICATION prepared by 19 the APPLICANT AGENCY in accordance with the policies and procedures contained in the CTFP 20 Guidelines. 21 B. AUTHORITY shall provide oversight in order to maintain inter-jurisdictional traffic signal 22 operational integrity between PROJECT and other existing and new M2 Project P funded projects. 23 C. AUTHORITY shall perform web-based public outreach activities for the project to 24 11 communicate major project milestones and results. 25 II D. AUTHORITY shall provide formats, templates, and guidance in reporting requirements 26 11 as described in CTFP. Page 4 of 16 25B-32 COOPERATIVE AGREEMENT NO. C-1-3023 1 E. AUTHORITY, or agents of AUTHORITY, may upon close-out of PROJECT under this 2 Agreement, perform an audit and or technical review to ensure that the CTFP Guidelines policies and 3 procedures were followed. Such an audit shall be performed within one hundred and eighty (180) days 4 after the PROJECT three-year grant period is complete. If the audit or technical review determines that 5 any of the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must 6 return the amount of funding used to perform the ineligible activity to AUTHORITY. 7 F. AUTHORITY will invoice the PARTICIPATING AGENCIES as identified in the 8 PROJECT 2010 CALL APPLICATION and Attachment B for the dollar match at the start of the 9 PROJECT. 10 G. AUTHORITY will request updates on the PROJECT as part of semi-annual review 11 process, including documentation of in-kind match conforming to Attachment B and will include the 12 PROJECT in the list of active projects in OCFundtracker until completion of the three year grant period. 13 Documents to be provided include, but are not limited to, payroll records, contracts, and purchase 14 orders. 15 ARTICLE 4. RESPONSIBILITIES OF THE AUTHORITY AS PROJECT LEAD AGENCY 16 The AUTHORITY as the LEAD AGENCY agrees to the following responsibilities for the 17 implementation of the PROJECT: 18 A. AUTHORITY will act as the LEAD AGENCY for the work necessary to manage, procure, 19 and complete the PROJECT as identified in Attachment A, which is attached to and, by this reference, 20 incorporated in and made a part of this agreement. 21 B. To coordinate outreach with the PARTICIPATING AGENCIES for the PROJECT. 22 C. To collect manual intersection movement and automated machine traffic counts. 23 D. To develop new timing plans optimized for signal synchronization. 24 E. To provide updated timing plans and traffic count data to the PARTICIPATING 25 AGENCIES. 26 / Page 5 of 16 25B-33 COOPERATIVE AGREEMENT NO. C-1-3023 1 F. To prepare a "Before and After Study" for the PROJECT. As described in the Measure 2 M2 Eligibility Guidelines adopted by the AUTHORITY, the "Before and After Study" for the project is '3 considered the equivalent of the required Project Final Report (Measure M2 Ordinance No. 3, Section 4 B.111.9) for the project. The AUTHORITY shall provide the "Before and After Study" to the 5 PARTICIPATING AGENCIES in draft and final formats for comment and comments shall be noted in 6 the final study. 7 G. To provide Ongoing Maintenance and Operation of optimized signal timing after Primary 8 Implementation of the PROJECT is completed and continue until the end of the three year grant period. 9 ARTICLE 5. RESPONIBILITES OF THE PARTICIPATING AGENCIES 10 The PARTICIPATING AGENCIES agree to the following responsibilities for implementation 11 and funding of the PROJECT: 12 A. Provide a technical representative to meet and participate as a member of the 13 project's Traffic Forum. 14 B. To authorize the AUTHORITY to manage, procure, and implement all aspects of the 15 project. 16 C. To participate and support the PROJECT implementation within the timeframe 17 outlined in the APPLICATION and consistent with the CTFP Guidelines adopted by the 18 'AUTHORITY. 19 D. To provide the AUTHORITY all current intersection, local field master, and/or central 20 control system timing plans and related data upon request. 21 E. To provide the local match and/or documentation for the in-kind services for the 22 project in accordance with Attachment B. Failure to provide included match and/or evidence of in- 23 kind service may result in the loss of future participation for competitive funds. 24 F. PARTICIPATING AGENCIES that have included a dollar match as identified in 25 Attachment B shall provide payment for the dollar match to the AUTHORITY within 30 calendar days of 26 receipt of an invoice. Page 6 of 16 25B-34 COOPERATIVE AGREEMENT NO. C-1-3023 1 G. PARTICIPATING AGENCIES that have included an in-kind match as identified in 2 Attachment B shall provide documentation of conformance as part of the semi-annual review process. 3 H. PARTICIPATING AGENCIES shall provide updates to the AUTHORITY on the 4 PROJECT as part of semi-annual review process until completion of the three year PROJECT grant 5 period. Documents to be provided include, but are not limited to, payroll records, contracts, and 6 purchase orders. 7 1. PARTICIPATING AGENCIES shall continue Ongoing Maintenance and Operation after 8 the three year grant period is complete and continue until the end of the PROJECT if specified as part 9 of the Attachment A Maintenance of Effort section. 10 ARTICLE 6. DELEGATED AUTHORITY 11 The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this 12 Agreement are delegated to its City Managers, or equivalent designee, and the actions required to be 13 taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief 14 Executive Officer. 15 ARTICLE 7. AUDIT AND INSPECTION 16 AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in 17 accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING 18 AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work, 19 materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a 20 period of four (4) years after final payment, or until any on-going audit is completed. For purposes of 21 audit, the date of completion of this Agreement shall be the date of AUTHORITY's payment of 22 PARTICIPATING AGENCIES's final billing (so noted on the invoice), if applicable, under this 23 Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The 24 above provision with respect to audits shall extend to and/or be included in contracts with 25 PARTICIPATING AGENCIES' contractor. 26 256735 COOPERATIVE AGREEMENT NO. C-1-3023 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 ARTICLE 8. INDEMNIFICATION A. The PARTICIPATING AGENCIES shall jointly and severally indemnify, defend and hold harmless the AUTHORITY, it's officers, directors, employees and agents from and against any and all claims (including attorney's fees and reasonable expenses for litigation and settlement) for any loss or damages, bodily injuries, damage to, or loss of property caused by the negligent acts, omissions or willful misconduct by the PARTICIPATING AGENCIES, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. B. The PARTICIPATING AGENCIES shall maintain adequate levels of insurance, or self- insurance to assure full indemnification of AUTHORITY. C. AUTHORITY shall indemnify, defend and hold harmless the PARTICIPATING AGENCIES, its officers, directors, employees or agents, and/or its officers, directors, employees or agents from and against any and all claims (including attorney's fees and reasonable expenses for litigation and settlement) for any loss or damages, bodily injuries, damage to, or loss of property 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. D. AUTHORITY shall maintain adequate levels of insurance, or self-insurance to assure full indemnification of the PARTICIPATING AGENCIES. ARTICLE 9. ADDITIONAL PROVISIONS A. Term of Agreement: This Agreement shall continue in full force and effect until September 30, 2014. This Agreement may be extended by the mutual consent of both parties. B. This Agreement may be extended or 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. The AUTHORITY and the PARTICIPATING AGENCIES agree to work together in good faith, using reasonable efforts to resolve any unforeseen issues and disputes arising out of the performance of this Agreement. Page 8 of 16 25B-36 COOPERATIVE AGREEMENT NO. C-1-3023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 11 16 17 18 19 20 21 22 23 24 25 26 D. Legal Authority: The AUTHORITY and the PARTICIPATING AGENCIES hereto represent 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. E. 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. F. 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 will be permitted. G. In the event that the PROJECT Costs exceed the estimates as submitted in the APPLICATION as prepared by the APPLICANT AGENCY, all parties agree to meet and determine PROJECT revisions to meet the budget or a revised funding proposal by PARTICIPATING AGENCIES which shall be documented and submitted in writing as a revision to the agreement. H. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal, state and local laws, statutes, ordinances and regulations of any governmental authority having jurisdiction over the PROJECT. 1. Force Maieure: Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; commandeering of material, products, plants 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. J. 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 Page 9 of 16 25B-37 COOPERATIVE AGREEMENT NO. C-1-3023 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 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. K. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the terms, in amounts, or for purposes other than as authorized by local, state or federal law. L. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement. M. 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. N. Notices: Any notices, requests, or demands made between the parties pursuant to this Agreement are to be directed as follows: To CITY OF FOUNTAIN VALLEY: To CITY OF HUNTINGTON BEACH: City of Fountain Valley City of Huntington Beach 10200 Slater Avenue Fountain Valley, CA 92708 2000 Main Street Huntington Beach, CA 92648 Attention: Temo Galvez Senior Civil Engineer Attention: William Janusz Principal Civil Engineer Tel: 714/593-4517 Tel: 714/374-1628 Email: temo.galvez((D-fountainvaliev org wianusz(c?surfcity-hb org Page 10 of 16 25B-38 COOPERATIVE AGREEMENT NO. C-1-3023 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 CITY OF SANTA ANA: To CITY OF TUSTIN: City of Santa Ana City of Tustin Public Works Agency 300 Centennial Way 20 Civic Center Plaza, M-43 Tustin, CA 92780 Santa Ana, CA 92701 Attention: Vinh Nguyen Attention: Dana R. Kasdan, P.E. Senior Civil Engineer Engineering Services Manager Tel: 714/647-5612 Tel: 714/573-3150 email: vnguyenQ-santa-ana.orq email: dkasdan@tustinca.orq To STATE OF CALIFORNIA: To AUTHORITY: State of California Orange County Transportation Authority 6681 Marine Way Irvine, CA 92618 550 South Main Street Orange, CA 92863-1584 Attention: Fedrico Hormozi Senior Electrical Engineer Attention: Venita Todd Senior Contracts Administrator Tel: 949/936-3464 Tel: 714/560-5446 email: fedrico hormoziCcDDdot.ca.gov vtodd a octa net . . Page 11 of 16 25B-39 COOPERATIVE AGREEMENT NO. C-1-3023 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-1-3023 to be executed on the date first above written. CITY OF FOUNTAIN VALLEY By: Steve Nagel Mayor ATTEST: By: Kathy Bailor City Clerk APPROVED AS TO FORM: By: Alan Burns City Attorney Dated: ORANGE COUNTY TRANSPORTATION AUTHORITY By: WII Kempton Chief Executive Officer APPROVED AS TO FORM: By: Kennard R. Smart, Jr. General Counsel APPROVAL RECOMMENDED: By: Kia Mortazavi Executive Director, Planning Dated: Page 12 of 16 25B-40 COOPERATIVE AGREEMENT NO. C-1-3023 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 No. C-1-3023 to be executed on the date first above written. CITY OF HUNTINGTON BEACH By: Joe Carchio Mayor ATTEST: By: Joan L. Flynn City Clerk APPROVED AS TO FORM: By: Jennifer McGrath City Attorney Dated: Page 13 of 16 25B-41 COOPERATIVE AGREEMENT NO. C-1-3023 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-1-3023 to be executed on the date first above written. CITY OF SANTA ANA By: Miguel Puiido Mayor ATTEST: By: Maria D. Huizar City Clerk APPROVED AS TO FORM: By: Joe Straka City Attorney Dated: Page 14 of 16 25B-42 COOPERATIVE AGREEMENT NO. C-1-3023 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-1-3023 to be executed on the date first above written. CITY OF TUSTIN By: Jerry Amante Mayor ATTEST: By: Pamela Stoker City Clerk APPROVED AS TO FORM: By: David E. Kendig City Attomey Dated: Page 15 of 16 25B-43 COOPERATIVE AGREEMENT NO. C-1-3023 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 Ag No. C-1-3023 to be executed on the date first above written. COUNTY DEPARTMENT OF TRANSPORTATION By_ James Pinheiro Deputy District Director Operations and Maintenance Dated: Page 16 of 16 25B-44 AGREEMENT C-1-3023 Warner Avenue ATTACHMENT A INTRODUCTION Project P Corridor Scope of Work Warner Avenue The Renewed Measure M (M2), Project P - Regional Traffic Signal Synchronization Program (RTSSP) is a multi-agency, corridor-.based approach that optimizes traffic signal timing based on analysis of metrics obtained from existing traffic patterns. This approach acknowledges local agency responsibility and control of signal timing and coordinates with project agencies to develop acceptable synchronization timing. The PARTICPATING AGENCIES/AGENCY (AGENCIES) along the Warner Avenue corridor (PROJECT) have requested, as detailed in the approved application, that the Orange County Transportation Authority (AUTHORITY) be designated as the LEAD AGENCY. AUTHORITY will administer the work with the assistance of consulting or contractor services to provide project management, traffic signal timing optimization, and implementation of approved equipment upgrades as submitted in the application for PROJECT. This scope requires the active assistance by all corridor AGENCIES throughout the process even without special reference to their participation. PROJECT TRAFFIC SIGNAL SYNCHRONIZATION - PRIMARY IMPLEMENTATION The following is an outline of the scope of services for PROJECT Primary Implementation that is associated with developing and implementing optimal PROJECT time-of day traffic signal coordination plans: 1) Project Administration AUTHORITY shall provide general project administration, environmental processing, and quality control. PARTICIPATING AGENCIES shall provide support project management services for the project intersections located within their jurisdiction and assist in maintaining PROJECT schedule. a) Data Collection The AUTHORITY will assemble with the assistance of PARTICIPATING AGENCIES the necessary data to understand the existing traffic conditions for the PROJECT and its respective traffic signal operations. This shall include, at minimum, the following: All data, documents, plans, photos, etc. related to each Project intersection within the past two years 25B-45 AGREEMENT C-1-3023 Warner Avenue ATTACH M ENT A • Local agency timing preferences or policies for all modes of travel and special intersection treatments • Manual and Machine Traffic counts for highway links and intersections for weekday and weekend time periods for all modes of travel. Special 72-hour video counts will be conducted at up to eight (8) intersections along the corridor with established special modal use. b) Field Reviews AUTHORITY shall conduct PROJECT field reviews to verify collected data including geometric layout, inventory of existing traffic signal control and communications, and any and all factors that impact or affect signal progressions. AUTHORITY in coordination with the PARTICIPATING AGENCIES shall identify mitigations for the existing traffic signal control equipment or geometric layouts to determine recommended PROJECT related improvements 2) Signal Synchronization Timing The AUTHORITY shall develop a signal synchronization model using Synchro and Sim Traffic 8.0 and Tru - Traffic 9.0 to verify the operation of existing timing and then produce and evaluate potential timing changes that would improve or refine the corridor traffic flows through improved optimized signal operations. The PARTICIPATING AGENCIES shall be involved in the review and validation of the recommended signal timing. The OCTA Corridor Synchronization Performance Index (CSPI) combines Average Speed, Stops per Mile, and Greens per Red (number of intersections successfully traversed on a Green Light vs. Stopped by a Red Light) into a composite index. The CSPI shall be the defined metric; in this evaluation The AUTHORITY shall utilize the approved Optimized Signal Timing and implement the timing into the central and field controller systems and provide Fine Tuning services- The After Study Travel Time Runs Shall be performed and the Before to After comparison CSPI shall then be determined 3) Before and After Studies and Reports AUTHORITY shall conduct real-time floating car "runs" in each direction during the planned (Before) and implemented (After) time periods of PROJECT traffic signal synchronization. Summary reports shall be prepared by AUTHORITY in coordination with the 25B-46 AGREE MENT C-1-3423 Warner Avenue ATTACHMENT A PARTICIPATING AGENCIES to indentify improvements in metrics from the Before to After conditions. The Before and After Study shall constitute the PROJECT Final Report. Additionally, this report shall document improvements accomplished and recommend procedures for continuing maintenance, surveillance, and evaluation of the coordinated signal system. 4. Engineering Design. Review and Procurement/Construction - Su ort Infrastructure Each AGENCY shall provide sufficient staffing to provide Engineering Design Review of Consultant provided design documentation. If design documentation is provided by the AGENCY for PROJECT, the Engineering Design Review requirement shall be satisfied. Purchase and construction/installation of the requested traffic signal infrastructure and upgrades, software, licenses, or other components as approved in the application 'shall be by the AUTHORITY in the name of and for the end user AGENCY. The AUTHORITY shall work with the PARTICIPATING AGENCIES to coordinate design, identification of applicable standards/specifications, purchasing and/or installation of the required improvements. Design and other technical support to implement the upgrades shall be subject to the designated cost estimate. The budget for these improvements is fixed to .the approved budget and will be subject to revised scope or additional contributions. The highest priority improvements shall be those that are required to optimize signal timing. The AGENCY shall waive all fees for permits and inspections and shall provide sufficient professional staffing to provide construction support and inspection services to PROJECT. PROJECT TRAFFIC SIGNAL SYNCHRONIZATION - ON GOING MAINTENANCE AND MONITORING The following is a summary of the on-going maintenance and monitoring for PROJECT: 1) Continued Signal Timing Support From the date of completion and acceptance of the signal timing implementation by the AGENCIES, the AUTHORITY shall provide regularly scheduled monthly signa timing support to monitor, observe, fine-tune and optimize the signal timing and phasing operation, PROJECT wide. The AUTHORITY shall provide a reporting mechanism to the AGENCIES documentinn anv nhnnncc --A- maintenance issues regarding systems components directly related to the Systems 25B-47 AGREEMENT C-1-3023 Warner Avenue ATTACHMENTA infrastructure installed or constructed through PROJECT. This Continued Signal Timing Support period will end after two years (24 months) or no longer than the PROJECT grant period. 2) Two Year Communication and Detection Support Authority shall provide regular monthly scheduled communication and detection support to ensure necessary conditions for signal synchronization. This will primarily focus on the monitoring and reporting of communications and detection issues. As issues are identified, they will be reported to the local agencies and potential repairs will be identified with local agencies' consultation. 25B-48 AGREEMENT C-1-3023 PROJECT P - WARNER AVENUE - WORK BY LOCATION ATTACHMENT A L Warner Avenue -Work by Location : ; Agr3niy : :Vlfarrler Avent{e Nary a ?: :F iicatiari ::De9C[ipttiui tic woiic #liw Loroatic2a:.: : Caltrans. Pacific Coast Highway (Hwy 1) 1 336 170E, 2070, gps, ce Huntington Beach Fire Station / Yacht Club 2 4128 gps Huntington Beach Algonquin Street / Sandra Lee Lane 3 3914 E UC, F96, es Huntington Beach Bolsa Chica Street 4 3907 E I/C, F96, es, CM Huntington Beach Greentree Lane / Plaza Lane 5 3858 E 1/C, F96, es Huntington Beach Graham Street 6 3908 E UC, F96, es Huntington Beach Springdale Street 7 3910 E I/C, F96, es Huntington Beach Edwards Street 8 3911 E I/C, F96, es Huntington Beach Goldenwest Street 9 3912 E I/C, F96, es Huntington Beach Home Depot 10 3977 E I/C, F96, es Huntington Beach Gothard Street 11 3909 E I/C, F96, es Huntington Beach Nichols Street 12 3860 E I/C, F96, es Huntington Beach Ash Street / Milstream Lane 13 3859 E I/C, F96, es Caltrans Beach Boulevard 14 242 es Huntington Beach Rotterdam Lane 15 3986 E I/C, F96, es2 Huntington Beach Newland Street 16 3913 E VC, F96, es Fountain Valley Magnolia Street 17 7086 Fountain Valley Bushard Street 18 7085 Fountain Valley Brookhurst Street 19 7080 Fountain Valley Ward Street 20 7082 2070, ca,Tlll, Fountain Valley Los Jardines West 21 7098 Fountain Valley Euclid Street 22 7081 Fountain Valley Mt Hope Street 23 7084 2070, ca,Tlll, Fountain Valley Newhope Street 24 7083 Santa Ana Harbor Boulevard 25 2612 WD 4 apps, ce, BT Santa Ana Yale Street 26 2464 es-TP, ee-TP Santa Ana Susan Street 27 2611 N I/C-TP, es-TP, e;-TP Santa Ana Fairview Street 28 2610 2070 ca, mod L - SD, N UC, Santa Ana Greenville Street 29 2463 N 1/C, es-F Santa Ana Raitt Street 30 2609 es-TP, ee-TP Santa Ana Bike Trail Xing 31 2608 es-TP, ee-TP Santa Ana Pacific Avenue 32 2462 es-TP, ee-TP Santa Ana Bristol Street 33 2601 E I/C, F24, es, BT Santa Ana Flower Street 34 2602 E I/C, F24, es-F, VS Santa Ana Main Street 35 2603 es-F, ee-TP, BT Santa Ana Bike Trail Xing 36 2646 ee-TP Santa Ana Halladay Street 37 2604 es-TP, ee-TP Santa Ana Standard Avenue 38 2605, WD, W, es-TP, ea-TP, ce Santa Ana Fire Signal 39 2647 ee-TP Santa Ana Grand Avenue 40 2606 E I/C, F24, VS, mod L - SD, oe, W, BT Santa Ana Wright Street 41 2607 Santa Ana Pullman Street 42 2613 Tustin Red Hill Avenue 43 5436 ca, s u = oontroiler unit; ca = controller assembly includes cu + all necessary equipment and appurtenances + es; ce = cabinet equipment; as = ethernet switch; FS = Fiber Switch; ee = ethernet extender; gps = gps interface and antennae installed; 2070 = 2070 Com## - 2070 Communication Module, 170E - Field Master, CM = Modem - Communication Module; C = CenTracs; TAC = TACTICS; ASCL = ACS Lite; A = Aries; BB = Battery Backup System; Existing or New I/C = Interconnect Conduit with media; media - F = Fiber Optic, TP = ## pair Twisted; VD = Video Detection; WD - Wireless Detection SD - System Detection; VS = Video Surveillance System; W = WiFi; BT- Bluetooth; L = Loop Detector, EVP = Emergency veh. pre-erupt; T ##=Type 11 or III Electrical Service; a # following dern codes= quantity (i.e. L42 =install 42 loop detectors); • =shared ownership; •' following task code= NOT APART, agency pays 100% for that task only; in- cu = modify existing controller. New controller may be substituted if functionally equivalent CONSULTANT is cautioned to verify interconnect components In field. All equipment is fumished and installed and/or modify existing installation with 1 year guaranty on labor and material. Fimtware and Software Upgrades for installed specified systems are Included in the installed price for a period of 3 years. Excludes new software for new features not originally installed nor specified to be installed and included. Removal of existing equipment and appurtenances is included in the furnish and install or modify existing installation price. PS & E play be available at no cost to the Consuttant from Project Agencies. 25B-49 AGREEMENT C-1-3023 PROJECT P -WARNER AVENUE -WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Santa Ana Instructions: Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, YIDS, etc. that are not part of the intersection listing on the Main Data Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish. Priority Description Comments 1 es, ee-TP on Warner/Wright Street 2 ee-TP on Wamer/Pullman 3 Install conduit and interconnect/fiber from traffic signal cabinet to splice kit (Warner @ Standard) 4 Install conduit and interconnect/fiber from Grand to Wright and install communication equipment for IP communication 5 Replace existing cabinet with new Type 332 Traffic Signal Cabinet at Main. 6 Replace existing cabinet with new Type 332 Traffic Signal Cabinet at Flower. 7 Install conduit and interconnect.fiber from Raitt to Bristol 25B-50 AGREEMENT C-1-3023 PROJECT P - WARNER AVENUE - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Fountain Valley I Instructions: Enter any special circumstance SL field master modifications, new systems, TMC, listing on the Main Data Sheet. Prioritize with 1 you wish. ch as conduit, communications, central or YIDS, etc. that are not part of the intersection being best and 5 being worst. Add items if Priority ! Description Comments CCTV @ 1 location location to be determined 25B-51 AGREEMENT C-1-3023 PROJECT P - WARNER AVENUE - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Huntington Beach rinnteersection ions: Enter any special circumstance such as conduit, communications, central or ster modifications, new systems, TMC, YIDS, etc. that are not part of the listing on the Main Data Sheet. Prioritize with 1 being best and 5 being worst. ms if you wish. Description Comments 1 Replace existing TWP interconnect (in existing 1.5" conduits) with new 96-strand SMFO from Algonquin to Newland along Warner Ave: 21,200 feet (not accounting for slack in pull boxes) 2 Upgrade existing pull boxes for new fiber to #6E at the cabinet and #6 in between signals estimating approximately every-600 feet 3 Communication equipment at each signal along the fiber path (13 total): 1) Fiber Patch Panel; 2) Ethernet Switch; 3) Splice Enclosure 4 Interconnect with City of Fountain Valley at Warner/Magnolia 25B-52 AGREEMENT C-1-3023 PROJECT P - WARNER AVENUE - WORK BY LOCATION ATTACHMENT A I Comments, Wishes, Needs of Tustin 11 Instructions: Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, VIDS, etc. that are not part of the intersection listing on the Main Data Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish. Comments 25B-53 AGREEMENT C-9-3025 PROJECT P - WARNER AVENUE - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Caltrans Instructions: Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, YIDS, etc. that are not part of the intersection listing on the Main Data Sheet. Prioritize with 1 being best and 5 being worst. dd items if you wish. Priority Description comments 25B-54 AGREEMENT NO. C-1-3023 ATTACHMENT B Local Match Commitment Details of Matching Funds: (must be consistent with PROJECT APPLICATION): Provide details in tables Direct Dollar Match Total Dollar Match for the Project - $__.E>4 ,050 In Lieu Funding: Total In Lieu Funding for the Project: $_91,414 Total Match for Project $ 155.404 Direct Dollar Match - Agency Funding Source Amount of Direct Contribution City of Huntington Beach $ 44,520 City of Fountain Valley $ 13,420 City of Tustin M2 Fair Share $ 6,110 TOTAL $ 64,050 In Lieu/Soft Match of Improvements or Staffing Support Specific Improvements and Services (List items and Cost) Agency Improvement Date of Construction Expenditure $ TOTAL $ 25B-55 AGREEMENT NO. C-1-3023 ATTACHMENT B Staffing Commitment: Agency Staff Position Type of Service No. of Hourly Rate (Including Total to Project Hours burden City of Huntington Beach Engineering Pro Project M Project 60 $141.89/hour $ 8,513.40* City of Huntington Beach Maintenance Signal Maintenance 130 $87.88hour $ 11,424.60 City of Fountain Valley Engineering Project Admin 47.79 $100/hour $ 4,779* City of Santa Ana Sr. Civil Engineer Project Admin 50 $180.461hour $ 9,023* Assistant Project Design / City of Santa Ana Engineer II Implementation 200 $149.91/hour $ 29,982* City of Santa Ana ?' Assistant Traffic Oper Project Design / I 108.06 $142.76/hour $ 15,426* Engineer Implementation City of Santa Ana Engineering Interns Project Design / Implementation 200 $44.63/hour $ 8,926* Caltrans Engineering Project Admin 33.4 $100/hour $ 3,340* TOTAL $ 91,414* i otai amount is the required participation by the identified agency. The number of hours and hourly rate will be based on each agency's actual billing rates, which must collectively equal the same value of the assigned "Total" dollars. Each agency will be responsible for keeping detailed records of hours worked and description of work. An accounting record of personnel, hours, and burden rate is expected to be included with the final submittal. Records will be subject to auditing. 25B-56 1 COOPERATIVE AGREEMENT NO. C-1-3024 2 BY AND BETWEEN 3 ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 THE CITIES SANTA ANA, ANAHEIM, ORANGE, PLACENTIA, TUSTIN 6 AND 7 THE STATE OF CALIFORNIA 8 FOR 9 IMPLEMENTATION OF 10 THE TUSTIN AVENUE/ROSE DRIVE PROJECT FUNDED AS PART OF THE MEASURE M2 11 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P) 12 THIS AGREEMENT, is effective this - day of , 2011 by and between 13 the Orange County Transportation Authority, 550 South Main Street, P.Q. Box 14184, Orange, 14 California 92863-1584, a public corporation of the State of California (hereinafter referred to as 15 "AUTHORITY"), and the Cities of Santa Ana, Anaheim, Orange, Placentia, Tustin, and the State of 16 California (hereinafter referred to as the "PARTICIPATING AGENCIES"). 17 WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES are 18 working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the 19 Renewed Measure M (M2) Regional Traffic Signal Synchronization Program Project P (Project P) to 20 enhance countywide traffic flow and reduce congestion; and 21 WHEREAS, AUTHORITY has completed the competitive 2010 Call for Projects (hereinafter, 22 "2010 CALL") in support of Project P and awarded Project P funds based on the application 23 (hereinafter, "APPLICATION") prepared by the City of Santa Ana (hereinafter referred to as the 24 "APPLICANT AGENCY") for implementation of signal synchronization of traffic signals along Tustin 25 Avenue / Rose Drive Corridor (hereinafter, "PROJECT'); and 26 WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected Exhibit 3 Page 1 of 17 25B-57 ?r COOPERATIVE AGREEMENT NO. C-1-3024 1 to designate the AUTHORITY and AUTHORITY agrees to act as the implementing agency to carry out 2 the signal coordination PROJECT; and 3 WHEREAS, the PROJECT will include approximately forty-three (43) traffic signals as 4 identified in the APPLICATION and illustrated in the PROJECT Scope of Work, which is attached 5 and referred to herein as Attachment A; and 6 WHEREAS, the PROJECT will include elements identified in the APPLICATION including 7 certain hardware and software upgrades to traffic controllers, traffic telecommunications and intertie 8 systems, central traffic master controllers and associated systems (hereinafter collectively referred 9 to as `TRAFFIC CONTROL ELEMENTS"), will be constructed and/or installed and implemented as 10 part of the PROJECT as identified in Attachment A; and 11 WHEREAS, AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate 12 the inclusion of other traffic control elements that must be installed at the same time as the 13 construction of the PROJECT that are NOT included in Attachment A and will be the responsibility of 14 the AGENCY owning each and any of those traffic control elements during the course of the project; 15 and 16 WHEREAS AUTHORITY agrees to implement the PROJECT based on Attachment A. The 17 PARTICIPATING AGENCIES agree to a combined cash and in-kind match of one hundred, seventy 18 thousand, eight hundred dollars ($170,800.00), equivalent to twenty percent (20%) of the PROJECT 19 cost (see Attachment B); and 20 WHEREAS, AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this 21 Agreement to implement the PROJECT in support of Project P as part of M2; and 22 WHEREAS, this Cooperative Agreement defines the specific terms, conditions and funding 23 responsibilities between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation 24 of the PROJECT. 25 WHEREAS, the Orange County Transportation Authority Board of Directors approved funding 26 for the PROJECT and authorized the Chief Executive Officer to negotiate and execute this cooperative Page 2 of 17 25B-58 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-1-3024 agreement on June 13, 2011. WHEREAS, the CITY of Anaheim's City Council approved this Agreement on the 20 WHEREAS; the CITY of Orange's City Council approved this Agreement on the , 20 WHEREAS, the CITY of Placentia's City Council approved this Agreement on the 20 day of day of day of WHEREAS, the CITY of Santa Ana's City Council approved this Agreement on the day of 20 WHEREAS, the CITY of Tustin's City Council approved this Agreement on the day of ,20 WHEREAS, the State of California Department of Transportation's Deputy District Director of Operations approved this Agreement on the day of 120, 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 terms and conditions of this Agreement between AUTHORITY and the PARTICIPATING AGENCIES and it supersedes all prior representations, understandings and communications between the parties. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The above referenced Recitals are true and correct and are incorporated by reference herein. B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES'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 Page 3 of 17 25B-59 Er 14 COOPERATIVE AGREEMENT NO. C-1-3024 1 condition(s), and AGENCY's obligation in respect thereto shall continue in full force and effect. Changes 2 to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically 3 confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to 4 this Agreement and issued in accordance with the provisions of this Agreement. 5 C. PARTICIPATING AGENCIES's failure to insist on any instance(s) of AUTHORITY's 6 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or 7 relinquishment of PARTICIPATING AGENCY's right to such performance or to future performance of 8 such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force 9 and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING 10 AGENCIES except when specifically confirmed in writing by an authorized representative of 11 PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in 12 accordance with the provisions of this Agreement. 13 ARTICLE 2. SCOPE OF AGREEMENT 14 This Agreement specifies the roles and responsibilities of the PARTIES as they pertain to the 15 subjects and projects addressed herein. Both AUTHORITY and PARTICIPATING AGENCIES agree 16 that each will cooperate and coordinate with the other in all activities covered by this Agreement and 17 any other supplemental agreements that may be required to facilitate purposes thereof. 18 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY 19 AUTHORITY agrees to the following responsibilities for funding of the PROJECT: 20 A. AUTHORITY shall implement the PROJECT based on the APPLICATION prepared by 21 the APPLICANT AGENCY in accordance with the policies and procedures contained in the CTFP 22 Guidelines. 23 B. AUTHORITY shall provide oversight in order to maintain inter jurisdictional traffic signal 24 operational integrity between PROJECT and other existing and new M2 Project P funded projects. 25 C. AUTHORITY shall perform web-based public outreach activities for the project to 26 communicate major project milestones and results. Page 4 of 17 25B-60 COOPERATIVE AGREEMENT NO. C-1-3024 1 D. AUTHORITY shall provide formats, templates, and guidance in reporting requirements 2 as described in CTFP. 3 E. AUTHORITY, or agents of AUTHORITY, may upon close-out of PROJECT under this 4 Agreement, perform an audit and or technical review to ensure that the CTFP Guidelines policies and 5 procedures were followed. Such an audit shall be performed within one hundred and eighty (180) days 6 after the PROJECT three-year grant period is complete. If the audit or technical review determines that 7 any of the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must 8 return the amount of funding used to perform the ineligible activity to AUTHORITY. 9 F. AUTHORITY will invoice the PARTICIPATING AGENCIES as identified in the 10 PROJECT 2010 CALL APPLICATION and Attachment B for the dollar match at the start of the 11 PROJECT. 12 G. AUTHORITY will request updates on the PROJECT as part of semi-annual review 1.3 process, including documentation of in-kind match conforming to Attachment B and will include the 14 PROJECT in the list of active projects in OCFundtracker until completion of the three year grant period. 15 Documents to be provided include, but are not limited to, payroll records, contracts, and purchase 16 orders. 17 ARTICLE 4. RESPONSIBILITES OF THE AUTHORITY AS PROJECT LEAD AGENCY 18 The AUTHORITY as the LEAD AGENCY agrees to the following responsibilities for the 19 implementation of the PROJECT: 20 A. AUTHORITY will act as the LEAD AGENCY for the work necessary to manage, procure, 21 and complete the PROJECT as identified in Attachment A, which is attached to and, by this reference, 22 incorporated in and made a part of this agreement. 23 B. To coordinate outreach with the PARTICIPATING AGENCIES for the PROJECT. 24 C. To collect manual intersection movement and automated machine traffic counts. 25 D. To develop new timing plans optimized for signal synchronization. 26 / Page 5 of 17 25B-61 COOPERATIVE AGREEMENT NO. C-1-3824 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 E. To provide updated timing plans and traffic count data to the PARTICIPATING AGENCIES. F. To prepare a "Before and After Study" for the PROJECT. As described in the Measure M2 Eligibility Guidelines adopted by the AUTHORITY, the "Before and After Study" for the project is considered the equivalent of the required Project Final Report (Measure M2 Ordinance No. 3, Section B.111.9) for the project. The AUTHORITY shall provide the "Before and After Study" to the PARTICIPATING AGENCIES in draft and final formats for comment and comments shall be noted in the final study. G. To provide Ongoing Maintenance and Operation of optimized signal timing after Primary Implementation of the PROJECT is completed and continue until the end of the three year grant period. ARTICLE 5. RESPONIBILITES OF.THE PARTICIPATING AGENCIES The PARTICIPATING AGENCIES agree to the following responsibilities for implementation and funding of the PROJECT: A. Provide a technical representative to meet and participate as a member of the project's Traffic Forum. B. To authorize the AUTHORITY to manage, procure, and implement all aspects of the project. C. To participate and support the PROJECT implementation within the timeframe outlined in the APPLICATION and consistent with the CTFP Guidelines adopted by the AUTHORITY. D. To provide the AUTHORITY all current intersection, local field master, and/or central control system timing plans and related data upon request. E. To provide the local match and/or documentation for the in-kind services for the project in accordance with Attachment B. Failure to provide included match and/or evidence of in- kind service may result in the loss of future participation for competitive funds. Page 6 of 17 25B-62 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-1-3024 F. PARTICIPATING AGENCIES that have included a dollar match as identified in Attachment B shall provide payment for the dollar match to the AUTHORITY within 30 calendar days of receipt of an invoice. G. PARTICIPATING AGENCIES that have included an in-kind match as identified in Attachment B shall provide documentation of conformance as part of the semi-annual review process. H. PARTICIPATING AGENCIES shall provide updates to the AUTHORITY on the PROJECT 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. 1. PARTICIPATING AGENCIES shall continue Ongoing Maintenance and Operation after the three year grant period is complete and continue until the end of the PROJECT if specified as part of the Attachment A Maintenance of Effort section. ARTICLE 6. DELEGATED AUTHORITY The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this Agreement are delegated to its City Managers, or equivalent designee, and the actions required to be taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief Executive Officer. 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 the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a period of four (4) years after final payment, or until any on-going audit is completed. For purposes of audit, the date of completion of this Agreement shall be the date of AUTHORITY's payment of PARTICIPATING AGENCIES' final billing (so noted on the invoice), if applicable, under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. Page 7 of 17 25B-63 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-1-3024 The above provision with respect to audits shall extend to and/or be included in contracts with PARTICIPATING AGENCIES' contractor. ARTICLE 8. INDEMNIFICATION A. The PARTICIPATING AGENCIES shall jointly and severally indemnify, defend and hold harmless the AUTHORITY, it's officers, directors; employees and agents from and against any and all claims (including attorney's fees and reasonable expenses for litigation and settlement) for any loss or damages, bodily injuries, damage to, or loss of property caused by the negligent acts, omissions or willful misconduct by the PARTICIPATING AGENCIES, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. 8. The PARTICIPATING AGENCIES shall maintain adequate levels of insurance, or self- insurance to assure full indemnification of AUTHORITY. C. AUTHORITY shall indemnify, defend and hold harmless the PARTICIPATING AGENCIES, its officers, directors, employees or agents, and/or its officers, directors, employees or agents from and against any and all claims (including attorney's fees and reasonable expenses for litigation and settlement) for any loss or damages, bodily injuries, damage to, or loss of property 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. D. AUTHORITY shall maintain adequate levels of insurance, or self-insurance to assure full indemnification of the PARTICIPATING AGENCIES. ARTICLE 9. ADDITIONAL PROVISIONS A. Term of Agreement: This Agreement shall continue in full force and effect until September 30, 2014. This Agreement may be extended at the mutual consent of both parties. B. This Agreement may be extended or 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. Page 8 of 17 25B-64 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-1-3024 C. The AUTHORITY and the PARTICIPATING AGENCIES agree to work together in good faith, using reasonable efforts to resolve any unforeseen issues and disputes arising out of the performance of this Agreement. D. Legal Authority: The AUTHORITY and the PARTICIPATING AGENCIES 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. E. Severability: If any term, provision, covenantor 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. F. 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 will be permitted. G. In the event that the PROJECT Costs exceed the estimates as submitted in the APPLICATION as prepared by the APPLICANT AGENCY, all parties agree to meet and determine PROJECT revisions to meet the budget or a revised funding proposal by PARTICIPATING AGENCIES which shall be documented and submitted in writing as a revision to the agreement. H. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal, state and local laws, statutes, ordinances and regulations of any governmental authority having jurisdiction over the PROJECT. 1. Force Maieure: Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; commandeering of material, products, plants 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 Page 9of17 25B-65 COOPERATIVE AGREEMENT NO. C-1-3024 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 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing- J. 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. K. Obligations To Comply with.Law: Nothing herein shall be deemed nor construed to authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the terms, in amounts, or for purposes other than as authorized by local, state or federal law. L. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement. M. 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. N. Notices: Any notices, requests, or demands made between the parties pursuant to this Agreement are to be directed as follows: To CITY OF ANAHEIM: To AUTHORITY: City of Anaheim Orange County Transportation Authority 200 S. Anaheim Boulevard, Suite 276 Anaheim, CA 92805 550 South Main Street P. O. Box 14184 Orange, CA 92863-1584 Attention: John Thai Principal Traffic Engineer Attention: Venita Todd Senior Contracts Administrator Tel: 714/765-5202 Tel: 714/560-5446 email: jthai(a?anaheim.net email: vtodd(a)octa.net Page 10 of 17 25B-66 COOPERATIVE AGREEMENT NO. C-1-3024 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 CITY OF PLACENTIA: To CITY OF SANTA ANA: City of Placentia City of Santa Ana Public Works Agency 401 East Chapman Avenue 20 Civic Center Plaza, M-43 Placentia, CA 92870 Santa Ana, CA 92701 Attention: Ruth Smith Attention: Vinh Nguyen Traffic Engineering Consultant Senior Civil Engineer Tel: 714/993-8131 Tel: 714/647-5612 rsmith(cD-placentia.orq email: vnguyen(u7santa-ana.org To CITY OF TUSTIN: To STATE OF CALIFORNIA: City of Tustin State of California 300 Centennial Way Tustin, CA 92780 6681 Marine Way Irvine, CA 92618 Attention: Dana R. Kasdan, P.E. Engineering Services Manager Attention: Fedrico Hormozi Senior Electrical Engineer Tel: 714/573-3150 Tel: 9491936-3464 email: dkasdan cDtustinca.ora email: fedrico hormozi(d.dot.ca.gov To CITY OF ORANGE: City of Orange 300 E. Chapman Avenue Orange, CA 92866 Attention: Amir Farahani City Traffic Engineer Tel: 714/744-5534 email: afarahani(o)cityoforange.oW Page 11 of 17 25B-67 i COOPERATIVE AGREEMENT NO. C-1-3024 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement 2 No. C-1-3024 to be executed on the date first above written. 3 CITY OF ANAHEIM ORANGE COUNTY TRANSPORTATION AUTHORITY 4 By: By: 5 Tom Tait Will Kempton Mayor Chief Executive Officer 6 7 ATTEST: APPROVED AS TO FORM: 8 By: By: 9 Linda N. Andal Kennard R. Smart, Jr. City Clerk General Counsel 10 11 APPROVED AS TO FORM: APPROVAL RECOMMENDED; 12 By: By: Cristina Talley Kia Mortazavi 13 City Attorney Executive Director, Planning 14 Dated: 15 Dated: 16 / 17 / 18 / 19 / 20 I 21 / 22 / 23 / 24 / 25 / 26 / Page 12 of 17 25B-68 COOPERATIVE AGREEMENT NO. C-1-3424 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement 2 No. C-1-3024 to be executed on the date first above written. 3 CITY OF ORANGE 4 By: 5 Carolyn V. Cavecche Mayor 6 7 ATTEST: 8 By: g Mary E. Murphy City Clerk 10 11 APPROVED AS TO FORM: 12 By: David A. DeBerry 13 City Attorney 14 Dated:. 15 16 / 17 18 19 20 21 22 23 24 25 26 / Page 13 of 17 25B-69 COOPERATIVE AGREEMENT NO. C-1-3024 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-1-3024 to be executed on the date first above written. CITY OF PLACENTIA By: Scott W. Nelson Mayor ATTEST: By: Patrick J. Melia City Clerk APPROVED AS TO FORM: By: Andrew V. Arczynski City Attorney Dated: Page 14 of 17 25B-70 COOPERATIVE AGREEMENT NO. C-1-3024 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-1-3024 to be executed on the date first above written. CITY OF SANTA ANA By: Miguel Pulido Mayor ATTEST: By: Maria D. Huizar City Clerk APPROVED AS TO FORM: By: Joe Straka City Attorney Dated: Page 15 of 17 25B-71 COOPERATIVE AGREEMENT NO. C-1-3024 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-1-3024 to be executed on the date first above written. CITY OF TUSTIN By: Jerry Amante Mayor ATTEST: By: Pamela Stoker City Clerk APPROVED AS TO FORM: By: David E. Kendig City Attorney Dated: J Page 16 of 17 25B-72 COOPERATIVE AGREEMENT NO. C-1-3024 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 Agreem No. C-1-3024 to be executed on the date first above written. COUNTY DEPARTMENT OF TRANSPORTATION By.- James Pinheiro Deputy District Director Operations and Maintenance Dated: Page 17 of 17 25B-73 AGREEMENT C-1-3024 Tustin Avenue/Rose Drive ATTACH M ENT A Project P Corridor Scope of Work Tustin Avenue/Rose Drive INTRODUCTION The Renewed Measure M (M2), Project P - Regional Traffic Signal Synchronization Program (RTSSP) is a multi-agency, corridor-based approach that optimizes traffic signal timing based on analysis of metrics obtained from existing traffic patterns. This approach acknowledges local agency responsibility and control of signal timing and coordinates with project agencies to develop acceptable synchronization timing. The PARTICPATING AGENCIES/AGENCY (AGENCIES) along the Tustin Avenue/Rose Drive corridor (PROJECT) have requested, as detailed in the approved application, that the Orange County Transportation Authority (AUTHORITY) be designated as the LEAD AGENCY. AUTHORITY will administer the work with the assistance of consulting or contractor services to provide project management, traffic signal timing optimization, and implementation of approved equipment upgrades as submitted in the application for PROJECT. This scope requires the active assistance by all corridor AGENCIES throughout the process even without special reference to their participation. PROJECT TRAFFIC SIGNAL SYNCHRONIZATION PRIMARY IMPLEMENTATION The following is an outline of the scope of services for PROJECT Primary Implementation that is associated with developing and implementing optimal PROJECT time-of day traffic signal coordination plans: 1) Project Administration AUTHORITY shall provide general project administration, environmental processing, and quality control. PARTICIPATING AGENCIES shall provide support project management services for the project intersections located within their jurisdiction and assist in maintaining PROJECT schedule. a) Data Collection The AUTHORITY will assemble with the assistance of PARTICIPATING AGENCIES the necessary data to understand the existing traffic conditions for the PROJECT and its respective traffic signal operations. This shall include, at minimum, the following: • All data, documents, plans, photos, etc. related to each Project intersection within the past two years 25B-74 AGREEMENT C-1-3024 Tustin Avenue/Rose Drive ATTACHM ENT A • Local agency timing preferences or policies for all modes of travel and special intersection treatments • Manual and Machine Traffic counts for highway links and intersections for weekday and weekend time periods for all modes of travel. Special 72-hour video counts will be conducted at up to eight (8) intersections along the corridor with established special modal use. b) Field Reviews AUTHORITY shall conduct PROJECT field reviews to verify collected data including geometric layout, inventory of existing traffic signal control and communications, and any and all factors that impact or affect signal progressions. AUTHORITY in coordination with the PARTICIPATING AGENCIES shall identify mitigations for the existing traffic signal control equipment or geometric layouts to determine recommended PROJECT related improvements 2) Signal Synchronization Timing The AUTHORITY shall develop a signal synchronization model using Synchro and Sim Traffic 8.0 and Tru - Traffic 9.0 to verify the operation of existing timing and then produce and evaluate potential timing changes that would improve or refine the corridor traffic flows through improved optimized signal operations. The PARTICIPATING AGENCIES shall be involved in the review and validation of the recommended signal timing. The OCTA Corridor Synchronization Performance Index (CSPI) combines Average Speed, Stops per Mile, and Greens per Red (number of intersections successfully traversed on a Green Light vs. Stopped by a Red Light) into a composite index. The CSPI shall be the defined metric in this evaluation The AUTHORITY shall utilize the approved Optimized Signal Timing and implement the timing into the central and field controller systems and provide Fine Tuning services. The After Study Travel Time Runs Shall be performed and the Before to After comparison CSPI shall then be determined 3) Before and After Studies and Reports AUTHORITY shall conduct real-time floating car `runs" in each direction during the planned (Before) and implemented (After) time periods of PROJECT traffic signal synchronization. Summary reports shall be prepared by AUTHORITY in coordination with the 25B-75 AGREEMENT C-1-3024 Tustin Avenue/Rose Drive ATTACHMENT A PARTICIPATING AGENCIES to indentify improvements in metrics from the Before to After conditions. The Before and After Study shall constitute the PROJECT Final Report. Additionally, this report shall document improvements accomplished and recommend procedures for continuing maintenance, surveillance, and evaluation of the coordinated signal system. 4. Engineering Design, Review, and Procurement/Construction - Support Infrastructure Each AGENCY shall provide sufficient staffing to provide Engineering Design Review of Consultant provided design documentation. If design documentation is provided by the AGENCY for PROJECT, the Engineering Design Review requirement shall be satisfied. Purchase and construction/installation of the requested traffic signal infrastructure and upgrades, software, licenses, or other components as approved in the application shall be by the AUTHORITY in the name of and for the end user AGENCY. The AUTHORITY shall work with the PARTICIPATING AGENCIES to coordinate design, identification of applicable standards/specifications, purchasing and/or installation of the required improvements. Design and other technical support to implement the upgrades shall be subject to the designated cost estimate. The budget for these improvements is fixed to the approved budget and will be subject to revised scope or additional contributions. The highest priority improvements shall be those that are required to optimize signal timing. The AGENCY shall waive all fees for permits and inspections and shall provide sufficient professional staffing to provide construction support and inspection services to PROJECT. PROJECT TRAFFIC SIGNAL SYNCHRONIZATION - ON GOING MAINTENANCE AND MONITORING The following is a summary of the on-going maintenance and monitoring for PROJECT; 1) Continued Signal Timing Support From the date of completion and acceptance of the signal timing implementation by the AGENCIES, the AUTHORITY shall provide regularly scheduled monthly signal timing support to monitor, observe, fine-tune and optimize the signal timing and phasing operation, PROJECT wide. The AUTHORITY shall provide a reporting mechanism to the AGENCIES documenting any changes made or recommended including maintenance issues regarding systems components directly related to the Systems 25B-76 AGREEMENT C-1-3024 Tustin Avenue/Rose Drive ATTACHM ENT A infrastructure installed or constructed through PROJECT. This Continued Signal Timing Support period will end after two years (24 months) or no longer than the PROJECT grant period- 2) Two Year Communication and Detection Support Authority shall provide regular monthly scheduled communication and detection support to ensure necessary conditions for signal synchronization. This will primarily focus on the monitoring and reporting of communications and detection issues. As issues are identified, they will be reported to the local agencies and potential repairs will be identified with local agencies' consultation- 25B-77 AGREEMENT C-1-3024 PROJECT P - TUSTIN AVENUE / ROSE DRIVE - WORK BY LOCATION ATTACHMENT A Tustin Avenue / Rose Drive - Work by Location =: :! c!>cx= ::: :T! itf7i {i+l"*'ir'$6' i1 i3iaie _ : : 46catjo?k i d #? : ; :::l)g c?i{?taoli qt Wofk.T i tbC?ii64 : ; : ; : : Tustin 1st Street 1 5448 ce Santa Ana 4th Street 2 2528 mod L-SD, BT, E I/C F24, es-F, VS, ee-TP, ce, media CAT- Santa Ana Fruit Street 3 2654 VS, E I/C, F24, es-F, ee-TP Santa Ana Wellington Avenue 4 2409 ee-TP Santa Ana Ctr on Seventeenth / Tustin Ctr 5 2405 ee-TP Santa Ana 17th Street 6 2483 mod L-SD, es-F, VS, ee-TP,ce, media CAT-5 Santa Ana Santa Clara Avenue 7 2495 BT, es-TP, ee-TP Orange Fairhaven Avenue 8 3148 cu Caltrans SR-22 EB Ram / Seba Avenue 9 28 170E cu, com400 Caltrans SR-22 WB Ramp 10 25 gps, com400 Orange La Veta Avenue / Rock Creek 11 3145 cu, VD (autoscope) Orange Palmyra Avenue 12 3172 ca, FDN, Til Orange Chapman Avenue 13 3121 Orange Palm Avenue 14 3171 Orange Walnut Avenue 15 3101 cu, VS Orange Ma air Avenue 16 3170 ca, FDN, TII Orange Collins Avenue W 3089 ca, FDN, TII Orange Quin Avenue 18 3169 cu Orange Katella Avenue 19 3054 cu Orange Van Owen Avenue / Toyota Way 20 3168 ca, FDN, TII Orange Taft Avenue 21 3077 Orange Taft Avenue / Briardale 22 3074 Orange Meats Avenue 23 3068 Orange East Village Way 24 3038 ca, FDN, TIl Orange Village Town Center 25 3391 Orange Heim Avenue 26 3059 ca, FDN, Til Oran a/Caltrans SR-55 SB On Ramp 27 16 ca, P cabinet w/ASC3, FDN Orange Lincoln Avenue / Nohl Ranch Road 28 3056 ca Caltrans SR-55 SB Off Ramp 29 3190 2070 cu, s Orange/Anaheim Santa Ana Canyon Road 30 3044 cu' Anaheim Riverdale Avenue 31 709 2070 ca, WR Caltrans SR-91 EB Ramp 32 449 2070 cu, 170E, com6A, com400 Caltrans SR-91 WB Ramp 33 448 2070 cu, gps2, com6A Anaheim Pacificenter Drive 34 825 2070 cu Anaheim La Palma Avenue 35 888 2070 cu, WR Anaheim Miraloma Avenue 36 679 2070 ca, WR Placentia Oran ethorpe Avenue 37 7533 as Placentia Castner Drive 38 7546 cu, as Placentia Alta Vista Street 39 7525 cu, es Placentia Buena Vista Avenue 40 7522 cu, as Placentia Palm Drive 41 7518 cu, as Placentia Linda Vista Street / Valpariso Way 42 7549 cu, as Placentia Yorba Linda Boulevard 43 7512 as u = controller unit; ca = controller assembly includes cu + all necessary equipment and appurtenances + es; ce = cabinet equipment; FDN = Cabinet Foundation Extension; as = ethernet switch; FS = Fiber Switch; ee = ethernet extender, gps = gps interface and antennae installed; 2070 = 2070 Com## - 2070 Communication Module, 170E - Field Master; CM = Modem - Communications Module; C = CenTracs; TAC = TACTICS; ASCL = ACS Lite; A = Aries; Existing or New I/C = Interconnect Conduit with media; media - F = Fiber Optic; TP = ## pair Twisted; VD = Video Detection; WD - Wireless Detection SD - System Detection; VS = Video Surveillance System; WR = Wireless radio; W = WiFi; WR = Wireless Radio; BT- Bluetooth; L = Loop Detector; EVP = Emergency veh. pre-empt: T ## = Type 11 or III Electrical Service; a # following item codes = quantity (i.e. L42 = install 42 loop detectors); * _ shared ownership; ** following task code = NOT A PART, agency pays 100% for that task only; m - cu = modify existing controller. New controller may be substituted if functionally equivalent. CONSULTANT is cautioned to verify interconnect components in field. All equipment is furnished and installed and/or modify existing installation with 1 year guaranty on labor and material. Firmware and Software Upgrades for installed specified systems are included in the installed price for a period of 3 years. Excludes new software for new features not originally installed nor specified to be installed and included. Removal of existing equipment and appurtenances is included in the furnish and install or modify existing installation price. PS & E may be available at no cost to the Consultant from Project Agencies. 25B-78 AGREEMENT C-1-3024 PROJECT P - TUSTIN AVENUE / ROSE DRIVE - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Santa Ana Instructions: Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, VIDS, etc. that are not part of the intersection listing on the Main Data Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish. Priority Description Comments 1 Replace exisitng camera with new Cohu i-dome camera with video encoder 2 Replace existing camera with new Cohu i-dome camera 3 Install Bluetooth travel time measuring system 4 Replace existing cabinet with new Type 332 Traffic Signal Cabinet 5 Replace existing Video Detection with new Iteris IP Video Equipment 25B-79 AGREEMENT C-1-3024 PROJECT P - TUSTIN AVENUE / ROSE DRIVE - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Anaheim Instructions: Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, VIDS, etc. that are not part of the intersection listing on the Main Data Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish. 1 CCTV upgrades @ 1 to 2 locations Locations to be determined 2 BT @ 3 locations Locations to be determined 3 EVP @ 3 locations Locations to be determined 25B-80 AGREEMENT C-1-3024 PROJECT P - TUSTIN AVENUE / ROSE DRIVE - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Placentia Instructions: Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, YIDS, etc. that are not part of the intersection listing on the Main Rata Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish. 1 Centracs license Provide additional license for 25 intersections New ASC/3 controller assembly at 2 intersections 2 (RoseNorba Linda and Rose/Linda Vista- 25B-81 AGREEMENT C-1-3024 PROJECT P - TUSTIN AVENUE ! ROSE DRIVE - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Tustin Instructions: Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, VI DS, etc. that are not part of the intersection listing on the Main Data Sheet. Prioritize with 1 being best and 5 tieing worst. Add items if you wish. Traffic signal on Tustin Ave./First St. Will require The original cost of $20,000 was based on 1 additional $8,000 because this is a field master the cost of replacing a local controller and cabinet 25B-82 AGREEMENT C-1-3024 PROJECT P - TUSTIN AVENUE I ROSE DRIVE - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Orange I nstructions: Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, VIDS, etc. that are not part of the intersection listing on the Main Data Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish. 9 1 1EVP for all signals on Tustin Avenue in city of Orange , 11 25B-83 AGREEMENT C-1-3024 PROJECT P - TUSTIN AVENUE 1 ROSE DRIVE - WORK BY LOCATION ATTACHMENT A Comments, Wishes, Needs of Caltrans Instructions: Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, VIIDS, etc. that are not part of the intersection listing on the Main Data Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish. Priority Description Comments 25B-84 AGREEMENT NO. C-1-3024 ATTACHMENT B Local Match Commitment Details of Matching Funds: (must be consistent with PROJECT APPLICATION): Provide details in tables Direct Dollar Match Total Dollar Match for the Project - $ 15,600 In Lieu Funding: Total In Lieu Funding for the Project: $ 155,200 Total Match for Project $ 170,800 Direct Dollar Match - Agency Funding Source Amount of Direct Contribution City of Tustin M2 Fair Share $5,600 City of Placentia Gas Tax $10,000 $ TOTAL $15,600 In Lieu/Soft Match of Improvements or Staffing Support or Equipment Purchase Specific Improvements and Services (List items and Cost) Agency Improvement Date of Construction Expenditure TOTAL $ 25B-85 AGREEMENT NO. C-1-3024 ATTACHMENT B Staffing Commitment: Agency Staff Position Type of Service to No. of Hourly Rate Total Project Hours Full Burdened City of Santa Ana Sr. Civil Engineer Project Admin 18.5 $180.46/hour $3,338.51 City of Santa Ana Assistant Project Design / 80 $149.91/hour $11,992.80* Engineer II Implementation City of Santa Ana Assistant Traffic Project Design / 60 $142.76/hour $8,565.60* Oper Engineer Implementation City of Santa Ana Engineering Project Design / 78.49 $44.631hour $3,503.09' Interns Implementation City of Orange Traffic Project Admin & 200 $121/hour $24;200* Engineer Review City of Orange Engineer Project Implementation 150 $79/hour $11,850* City of Orange Engineer Project Implementation 392.36 $72/hour $28,250` City of Anaheim Engineer Project Admin 20 $102.68/hour $2,053.60* City of Anaheim Engineer / Coordination Fine Tune 120 $102.68/hour $12,321.60* City of Anaheim Engineer Field Inspection 40 $102.68/hour $4,107.20* City of.Placentia Ear ee Project Coordination 65 $140/hour $9,100* r W City of Placentia Sr. Mgmt Analyst Project Admin 16.713 $53.85 $900.00* Caltrans Engineering Project Admin 120 $100/hour $12,000* TOTAL $155,200* "Total amount is the required participation by the identified agency. The number of hours and hourly rate will be based on each agency's actual fully burdened billing rates, which must collectively equal the same value of the assigned "Total" dollars. Each agency will be responsible for keeping detailed records of hours worked and description of work. An accounting record of personnel, hours at fully burdened rate is expected to be included with the final submittal. Records will be subject to auditing. Equipment Purchase: Agency Description Total City of Anaheim Hardware $3,017.60 City of Orange ASC 3 Traffic Controllers $20,000 25B-86