HomeMy WebLinkAboutFULLERTON, CITY OF (4) -2012A-20UA 38
Cooperative Agreement for Project No. 174-46008
1 COOPERATIVE AGREEMENT
2 FOR PROJECT No. 74I 46008
3 BY AND BETWEEN
4 THE CITY OF FULLERTON
5 AND THE CITIES OF
6 LA HABRA, ANAHEIM, GARDEN GROVE,
7 SANTA ANA AND FOUNTAIN VALLEY
8 FOR THE
9 EUCLID STREET CORRIDOR PROJECT
10 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM
11
12 THIS COOPERATIVE AGREEMENT is effective this ?2 /!s day of ,
13 2012, by and between the City of Fullerton, hereinafter referred to as "FULLERTON", the City of La
14 Habra, the City of Anaheim, the City of Garden Grove, the City of Santa Ana, and the City of Fountain
15 Valley, hereinafter jointly referred to as "AGENCIES" or severally as "AGENCY". Collectively,
16 FULLERTON and AGENCIES may be referred to as the "PARTIES" or individually as a "PARTY".
17 RECITALS
18 WHEREAS, the Measure M2 Regional Traffic Signal Synchronization Program (RTSSP) targets
19 over 2,000 signalized intersections across Orange County to maintain traffic signal synchronization,
20 improve traffic flow, and reduce congestion across jurisdictions; and
21 WHEREAS, FULLERTON and the AGENCIES are committed to implementing multi-
22 jurisdictional signal synchronization to enhance countywide traffic flow and reducing congestion; and
23 WHEREAS, the Orange County Transportation Authority (OCTA) approved funding for the
24 Euclid Street Corridor Project, hereinafter referred to as "PROJECT"; and
25 WHEREAS, FULLERTON and the AGENCIES will provide matching funds as required by the
26 Orange County Comprehensive Transportation Funding Programs; and
27 WHEREAS, FULLERTON agrees to act as the lead agency for design, construction and
Page 1 of 13
•? 1
? 2
J
3
4
5
6
7
r' 8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
r?OCEEI
naTF
A-2012-138
Cooperative Agreement for Project No. 174-46008
COOPERATIVE AGREEMENT
FOR PROJECT No.174-46008
BY AND BETWEEN
THE CITY OF FULLERTON
AND THE CITIES OF
LA HABRA, ANAHEIM, GARDEN GROVE,
SANTA ANA AND FOUNTAIN VALLEY
FOR THE
EUCLID STREET CORRIDOR PROJECT
In 77
REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM
THIS COOPERATIVE AGREEMENT is effective this day of
2012, by and between the City of Fullerton, hereinafter referred to as "FULLERTON", the City of La
Habra, the City of Anaheim, the City of Garden Grove, the City of Santa Ana, and the City of Fountain
Valley, hereinafter jointly referred to as "AGENCIES" or severally as "AGENCY". Collectively,
FULLERTON and AGENCIES may be referred to as the "PARTIES" or individually as a "PARTY".
RECITALS
WHEREAS, the Measure M2 Regional Traffic Signal Synchronization Program (RTSSP) targets
over 2,000 signalized intersections across Orange County to maintain traffic signal synchronization,
improve traffic flow, and reduce congestion across jurisdictions; and
WHEREAS, FULLERTON and the AGENCIES are committed to implementing multi-
jurisdictional signal synchronization to enhance countywide traffic flow and reducing congestion; and
WHEREAS, the Orange County Transportation Authority (OCTA) approved funding for the
Euclid Street Corridor Project, hereinafter referred to as "PROJECT"; and
WHEREAS, FULLERTON and the AGENCIES will provide matching funds as required by the
Orange County Comprehensive Transportation Funding Programs; and
WHEREAS, FULLERTON agrees to act as the lead agency for design, construction and
Page 1 of 13
Cooperative Agreement for Project No. 174-46008
management of PROJECT; and
WHEREAS, the PROJECT will include approximately sixty-six (66) traffic signals along Euclid
Street, between La Habra Boulevard and I-405 Freeway, and located in the Cities of La Habra, Fullerton,
Anaheim, Garden Grove, Santa Ana and Fountain Valley; and
WHEREAS, the PROJECT Scope of Work includes the procurement, construction/installation of,
traffic signal controller and cabinet upgrades at selected locations, new traffic surveillance cameras, signal
system detection and communication upgrades, and central system upgrades at the respective Traffic
Management Centers; and
WHEREAS, the PROJECT Scope of Work also includes development, implementation and fine-
1C
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
271
tuning of coordination signal timing plans for various peak periods, and the ongoing monitoring and
maintenance of the coordinated signal system's operation, including signal timing coordination and system
communication/detection upkeep, for two years; and
WHEREAS, FULLERTON agrees to work with 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 a part of the PROJECT Scope of Work and will be the responsibility of the AGENCIES owning each
and any of those traffic control elements during the course of the PROJECT; and
WHEREAS, FULLERTON and the AGENCIES acknowledge that other RTSSP corridor projects
are currently underway or completed which intersect the Euclid Street Corridor Project, and that these other
RTSSP corridor timing operations must be incorporated into the design and completion of this PROJECT;
and
WHEREAS, this Cooperative Agreement (AGREEMENT) defines the roles, specific terms,
conditions and responsibilities between FULLERTON and AGENCIES;
AGREEMENT
NOW THEREFORE, it is mutually understood and agreed by FULLERTON and AGENCIES as
follows:
ARTICLE 1. COMPLETE AGREEMENT
This AGREEMENT, including all exhibits and documents incorporated herein and made applicable
Page 2 of 13
Cooperative Agreement for Project No. 174-46008
1 by reference, constitutes the complete and exclusive statement of the terms and conditions of the agreement
2 between FULLERTON and AGENCIES concerning the PROJECT and supersedes all prior
3 representations, understandings and communications between the parties. The above-referenced Recitals
4 are true and correct and are incorporated by reference herein.
5 ARTICLE 2. RESPONSIBILITIES OF FULLERTON
6 FULLERTON agrees to the following responsibilities:
7 1. FULLERTON shall serve as lead agency for design, construction and construction management
8 of PROJECT and shall provide oversight by establishing PROJECT milestones and overseeing the
9 PROJECT development to ensure that all standards and requirements set forth by the AGREEMENT are
10 adhered to.
11 2. FULLERTON shall be responsible for completing the PROJECT in accordance with the funding
12 guidelines and any and all other federal, state, and the OCTA requirements related to these funding
13 programs.
14 3. FULLERTON shall provide staff, consultants, and contractors deemed necessary and appropriate
15 to manage, administer, coordinate, and oversee engineering design and construction management of the
16 PROJECT.
17 4. The budget for the PROJECT is One Million and Two Hundred Fifty Thousand Dollars
18 ($1,250,000). A total of"iMe Million Dollars ($1,000,000) is funded by the OCTA Project P/Regional
19 Traffic Signal Synchronization Program. Minimum project matching funds of 20 percent amount to Two
20 Hundred Fifty Thousand Dollars ($250,000). FULLERTON'S share of match amounts to Sixty-One
21 Thousand Eight Hundred Sixty Dollars ($61,860). AGENCIES share of match amounts to One Hundred
22 Eighty-Eight Thousand One Hundred Forty Dollars ($188,140).
23 5. FULLERTON shall maintain coordination with the AGENCIES for the PROJECT.
24 6. FULLERTON shall coordinate construction activity within AGENCIES and provide schedule of
25 construction activity within each AGENCY.
26 7. FULLERTON shall collect all data necessary for the analysis and optimization of traffic signal
27 timing along the PROJECT corridor.
Page 3 of 13
Cooperative Agreement for Project No. 174-46008 1
1'
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
8. FULLERTON shall develop new timing plans optimized for traffic signal synchronization.
9. FULLERTON shall provide on-site support to implement the timing plans as necessary. Timing
plans are subject to each AGENCIES' review and approval.
10. FULLERTON shall provide the new timing plans developed for the PROJECT and all relevant
data required for the signal timing analysis to the AGENCIES upon request.
ARTICLE 3. RESPONSIBILITIES OF AGENCIES
AGENCIES agree to the following responsibilities:
1. AGENCIES shall remit to FULLERTON within thirty (30) days of receipt of an acceptable
invoice the matching funds as required by the Orange County Comprehensive Transportation Funding
Programs. The AGENCIES minimum 20 percent project match amounts to One Hundred Eighty-Eight
Thousand One Hundred Forty Dollars ($188,140). Details of AGENCIES' minimum match breakdown,
based approximately on the number of project traffic signals and construction activity per grant application,
is as follows:
• City of La Habra - Twenty-Nine Thousand Dollars ($29,000), including up to $5,500 of in-kind
services;
• City of Anaheim - Sixty-Three Thousand, Two Hundred Eighty Dollars ($63,280), including up
to $10,200 of in-kind services;
• City of Garden Grove - Thirty-Five Thousand Nine Hundred Dollars ($35,900) including up to
$4,200 of in-kind services;
• City of Santa Ana - Twenty-Nine Thousand, Nine Hundred Dollars ($29,900) including up to
$10,000 of in-kind services ; and
• City of Fountain Valley - Thirty Thousand, Sixty Dollars ($30,060) including up to $3,500 of in-
kind services.
Documentation of AGENCIES in-kind services, such as for construction inspection services, shall
meet OCTA Comprehensive Transportation Funding Program (CTFP) Guidelines.
2. At no cost to FULLERTON, AGENCIES shall provide FULLERTON with current intersection,
local field master and/or central system timing plans and related data no later than thirty (30) days
Page 4 of 13
Cooperative Agreement for Project No. 174-46008
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
subsequent to the execution of this AGREEMENT, and updates as they occur within seven (7) days of the
event.
3. At no cost to FULLERTON, AGENCIES shall provide to FULLERTON appropriate documents
to utilize in the design and construction of infrastructure required to implement the desired coordinated and
synchronized system and operations no later than thirty (30) days subsequent to the execution of this
AGREEMENT, and updates as they occur within seven (7) days of the event.
4. AGENCIES shall waive all costs and fees related to any and all AGENCY required
encroachment and inspection permits for the construction phase of the PROJECT.
5. At no cost to FULLERTON, AGENCIES respective Construction Inspectors shall oversee all
construction work done in their respective jurisdictions.
6. At no cost to FULLERTON, AGENCIES shall provide the required maintenance related to the
PROJECT's signal and communications equipment.
7. At no cost to FULLERTON, owning AGENCIES shall be responsible for coordinating the
construction and/or installation of traffic control elements and other items that are NOT a part of the
PROJECT Scope of Work but, by necessity, must be built concurrent with the PROJECT.
ARTICLE 4. MUTUAL RESPONSIBILITIES OF THE PARTIES
The PARTIES agree to the following mutual responsibilities:
1. The PARTIES shall cooperate and coordinate their staff, contractors, consultants, in providing
the services and responsibilities required under this AGREEMENT to the extent practicable with respect to
the performance of the PROJECT.
2. The PARTIES 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.
3. This AGREEMENT may only be modified or amended upon written mutual consent of all
PARTIES. All modifications, amendments, changes and revisions of this AGREEMENT in whole or in
part, and from time to time, shall be binding upon the PARTIES, so long as the same shall be in writing
and executed by the PARTIES.
4. This AGREEMENT shall be governed by all applicable federal, state and local laws. The
Page 5 of 13
Cooperative Agreement for Project No. 174-4600E
AGENCIES and FULLERTON warrant that in the performance of this AGREEMENT, each shall comply
with all applicable federal, state and local laws, statutes and ordinances and all lawful orders, rules and
regulations promulgated there under.
5. Each PARTY agrees to defend, indemnify and hold harmless the other PARTIES, their officers,
1c
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
agents, elected officials and employees from all liability, claims, losses and demands, including defense
costs and reasonable attorneys' fees, whether resulting from court action or otherwise, arising out of the
negligent acts or omissions of the defending PARTY, its officers, agents, or employees, in the performance
of this AGREEMENT. When negligent acts or omissions of one PARTY are directed by another PARTY,
the PARTY directing the negligent acts or omissions shall owe this defense and indemnity obligation to the
PARTY following the directions. The provisions of this paragraph shall survive the termination of this
AGREEMENT.
6. Each 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 federal, state or local government; national fuel shortage; or a material act
of omission by any PARTY; when satisfactory evidence of such cause is presented to the other PARTIES,
and provided further such nonperformance is unforeseeable, beyond the control and is not due to the fault
or negligence of the PARTY not performing.
7. Any notice sent by first class mail, postage paid, to the address and addressee, shall be deemed
to have been given when in the ordinary course it would be delivered. The representatives of the PARTIES
who are primarily responsible for the administration of this AGREEMENT, and to whom notices, demands
and communications shall be given are as follows:
Page 6 of 13
Cooperative Agreement for Project No. 174-46008 1
City of Fullerton - LEAD AGENCY City of La Habra City of Anaheim
303 W. Commonwealth Avenue 201 E. La Habra Boulevard 200 Anaheim Boulevard, Ste 276
Fullerton, CA 92832 PO Box 337 Anaheim, CA 92805
Attn: Thuy Nguyen La Habra, CA 90633-0337 Attn: John Thai
Civil Engineer Attn: Nelson Wong Traffic Engineer
(714) 738-6886 Traffic Manager (714) 765-5294
thuyn@ci.fullerton.ca.us (562) 905-9620 jthai@anaheim.net
nelsonw@lahabracity.com
City of Garden Grove City of Santa Ana City of Fountain Valley
11222 Alicia Parkway 20 Civic Center Plaza, M-93 10200 Slater Avenue
Garden Grove, CA 92842 PO Box 1988, M-93 Fountain Valley, CA 92708-4736
Attn: Dan Candelaria Santa Ana, CA 92702 Attn: Temo Galvez
Traffic Engineer Attn: Vinh Nguyen Deputy City Engineer
(714) 741-5185 Senior Civil Engineer (714) 593-4517
danc@ci.garden-grove.ca.us (714) 647-5612 temo.galvez@fountainvalley.org
vnguyen@santa-ana.org
8. This AGREEMENT shall continue in full force and effect through December 31, 2014, unless
terminated earlier by FULLERTON and upon mutual written agreement by all PARTIES.
9. The term of this AGREEMENT may only be extended upon mutual written agreement by all
PARTIES.
Page 7 of 13
Cooperative Agreement for Project No. 174-46008
1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement for
2 Project No. 174-46008 to be executed on the date first above written,
3
4 CITY OF FULLERTON
5
6 By:
7 Sharon Quirk-Silva
8 Mayor
9
10
11 ATTEST:
12
4v? -12
-
13 Y.
14 Lcin a Williams Date
15 City Clerk
16
17
18 APPJW AS TO FORM:
19
20 13,y-
a
211
Ri6hard Jones-,,,
,,, v
22 Cli + Attorney
23 /
24 /
25 /
26 1
27 /
Page 8 of 13
Cooperative Agreement for Project No. 174-46008
Ic
IN WITNESS WHEREOF, the AGENCIES hereto have caused this Cooperative Agreement
for Project No. 174-46008 to be executed on the date first above written.
CITY OF LA HABRA
C-\
By:
Don Hannah
City Manager
ATTEST:
By: S)^`aQ\
Tamara D. Mason, MMC t?
City Clerk
FORM:
By:
Richard D. Jones
City &torney
i
Page 9 of 13
Cooperative Agreement for Project No. 174-46008
IN WITNESS WHEREOF, the AGENCIES hereto have caused this Cooperative Agreement
for Project No. 174-46008 to be executed on the date first above written.
CITY OF ANAHEIM
By:
Tom Tait
Mayor
ATTEST:
By: ?Q CL
Linda Andal
City Clerk
APPROVED AS TO FORM:
C?TINA L. TA Y, CI TTORNEY
B
Bry?."orley Deputy it A rney
IN WITNESS WHEREOF, the AGENCIES hereto have caused this Cooperative Agreement
Page 10 of 13
Cooperative Agreement for Project No. 174-46008
1
Z
3
IN WITNESS WHEREOF, the AGENCIES hereto have caused this Cooperative Agreement
for Project No. 174-46008 to be executed on the date first above written.
CITY OF GARDEN GROVE
By:
f??
_
William Dalton
Mayor
ATTEST:
By:
Kathleen Bailor
City Clerk
APPROVED AS TO FORM:
By: 0"
/homas F. Nixon
City Attorney
Page 11 of 13
Cooperative Agreement for Project No. 174-46008
G
a
IN WITNESS WHEREOF, the AGENCIES hereto have caused this Cooperative Agreement
for Project No. 174-46008 to be executed on the date first above written.
CITY OF SANTA ANA
B}. 'q,L L?), -,?,
Paul M. Walters
Interim City Manager
ATTEST:
By:' ?-
Maria D. Huizar
City Clerk
APPROVED AS TO FORM:
By: Sonia Carvalho
City Attorney
Page 12 of 13
Cooperative Agreement for Project No. 174-46008
1 IN WITNESS WHEREOF, the AGENCIES hereto have caused this Cooperative Agreement
2 for Project No. 174-46008 to be executed on the date first above written.
3
4 CITY OF FOUNTAIN VALLEY
5
6 By:
7 g-offins
8 Mayor
9
10
11 ATTEST:
12
13 By:
14 Kathy Bailor
15 City Clerk
16
17
18 APPROVED AS TO FORM:
19
20 By:
21 Colin Burns
22 Assistant City Attorney
23 /
24 /
25 /
26 /
27 /
Page 13 of 13