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HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (2) - 2016A-201 COOPERATIVE AGREEMENT NO. C-5-3589 BETWEEN AND CITIES OF SANTA ANA, GARDEN GROVE, SEAL BEACH, TUSTIN, WESTMINSTER, AND COUNTY OF ORANGE FOR WESTMINSTER AVENUE / 17TH STREET REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT THIS COOPERATIVE AGREEMENT (Agreement), is effective this day of , 201_, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Sox 14184, Orange California 92863-1584, a public corporation of the State of California (herein referred to as "AUTHORITY") and the cities of Santa Ana, Garden Grove, Seal Beach, Tustin, Westminster, and the County of Orange (hereinafter referred to as "PARTICIPATING AGENCIES") each individually known as "Party" and collectively known as the "Parties". RECITALS: WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES is working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (Project P) to enhance countywide traffic flow and reduce congestion; and WHEREAS, the AUTHORITY has completed the competitive 2015 Call for Projects (hereinafter, "2015 CALL") in support of Project P and awarded Project P funds based on the application (hereinafter, "APPLICATION") prepared by the City of Santa Ana (hereinafter referred to as the "APPLICANT Page 1 of 16 COOPERATIVE AGREEMENT NO. C-5-3589 WESTMINSTER AVENUE 117TH STREET - RTSSP I AGENCY") for implementation of signal synchronization of traffic signals along Westminster Avenue/17th 2 Street (hereinafter, "PROJECT); and 3 WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected to 4 designate the AUTHORITY and the AUTHORITY agrees to act as the implementing agency to carry out 5 PROJECT; and 6 WHEREAS, the PROJECT will include approximately sixty three (63) traffic signalized 7 intersections as identified in the APPLICATION; and 8 WHEREAS, the PROJECT will include Intelligent Transportation System (ITS) elements 9 identified in the APPLICATION including certain hardware and software upgrades to intersection traffic 10 controller units, traffic telematics and intete systems, Advanced Transportation Management 11 Systems (ATMS), and other associated systems (hereinafter collectively referred to as "ITS 12 ELEMENTS"), will be constructed and/or installed and implemented as part of the PROJECT as 13 identified in APPLICATION; and 14 WHEREAS, the AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate 15 the inclusion of other ITS elements (OTHER ELEMENTS) that should be installed at the same time 16 as the construction of the PROJECT and are NOT part of this Agreement; and 17 WHEREAS, all costs associated with the inclusion of these OTHER ELEMENTS are the sole 18 responsibility of the AGENCY owning each and any of those OTHER ELEMENTS during the course 19 of the project; and 20 WHEREAS, based on APPLICATION, the AUTHORITY agrees to implement the PROJECT; and 21 WHEREAS, the PARTICIPATING AGENCIES per the M2 Ordinance, agree to provide 22 PROJECT funding in a combined cash and in-kind services match of Seven Hundred Five Thousand 23 Twenty Six Dollars ($705,026.00), as shown in Attachment A, or equivalent to twenty percent (20%) of 24 PROJECT cost; and 25 WHEREAS, the AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this 26 Agreement to implement the PROJECT in support of Project P; and Page 2 of 18 COOPERATIVE AGREEMENT NO. C-5-3689 WESTMINSTER AVENUE 117TH STREET - RTSSP 1 WHEREAS, this Agreement defines the specific terms, conditions, and funding responsibilities 2 between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation of the 3 PROJECT. 4 WHEREAS, the Orange County Transportation Authority Board of Directors approved funding for 5 the PROJECT and authorized the Chief Executive Officer to negotiate and execute this cooperative 6 agreement on April 27, 2015. 7 WHEREAS, the City of Santa Ana's City Council approved this Agreement on the day of 8 ,20 9 WHEREAS, the City of Garden Grove's City Council approved this Agreement on the day 10 of 20 1'I WHEREAS, the City of Seal Beach's City Council approved this Agreement on the day of 12 ,20 13 WHEREAS, the City of Tustin's City Council approved this Agreement on the day of 14 ,20 15 WHEREAS, the City of Westminster's City Council approved this Agreement on the day 16 of 120 17 WHEREAS, the County of Orange Board of Supervisors approved this Agreement on the 18 day of 20 19 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the 20 PARTICIPATING AGENCIES as follows; 21 ARTICLE 1. COMPLETE AGREEMENT 22 A. This Agreement, including any attachments incorporated herein and made applicable by 23 reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this 24 Agreement between AUTHORITY and PARTICIPATING AGENCIES and it supersedes all prior 25 representations, understandings, and communications, The invalidity in whole or in part of any term or 26 Page 3 of 18 COOPERATIVE AGREEMENT NO. C-5-3689 WESTMINSTER AVENUE / 17TH STREET - RTSSP 1 condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. 2 The above referenced Recitals are true and correct and are Incorporated by reference herein. 3 B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES' 4 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or 5 relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or 6 condition(s), and PARTICIPATING AGENCIES' obligation in respect thereto shall continue in full force 7 and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except 8 when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written 9 amendment to this Agreement and issued in accordance with the provisions of this Agreement, 10 C. PARTICIPATING AGENCIES' failure to insist on any instance(s) of AUTHORITY's 11 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or 12 relinquishment of PARTICIPATING AGENCIES' right to such performance or to future performance of 13 such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force 14 and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING 15 AGENCIES except when specifically confirmed in writing by an authorized representative of 16 PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in 17 accordance with the provisions of this Agreement. 18 ARTICLE 2, SCOPE OF AGREEMENT 19 This Agreement specifies the roles and responsibilities of the Pates as they pertain to the 20 subjects and projects addressed herein. Both AUTHORITY and PARTICIPATING AGENCIES agree 21 that each will cooperate and coordinate with the other in all activities covered by this Agreement and any 22 other Supplemental agreements that may be required to facilitate purposes thereof. 23 24 1 25 26 Page 4 of 18 COOPERATIVE AGREEMENT NO. C-5-3589 WESTMINSTER AVENUE if 17T" STREET - RTSSP 1 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY 2 AUTHORITY agrees to the following responsibilities for funding of the PROJECT: 3 A. AUTHORITY shall implement the PROJECT based on the intent of the usage in the 4 APPLICATION prepared by the APPLICANT AGENCY in accordance with the policies and procedures 5 contained in the Comprehensive Transportation Funding Program (CTFP) guidelines. 6 B. AUTHORITY shall provide oversight in order to maintain inter -jurisdictional traffic signal 7 operational integrity between PROJECT and other similar type projects not older than three (3) years. 8 C. AUTHORITY will act as the LEAD AGENCY and provide and file all documentation 9 necessary to comply with California Environmental Quality Act (CEQA) regulations for PROJECT. 10 D. AUTHORITY shall perform web -based public outreach activities for the project to 11 communicate major project milestones and results. 12 E. AUTHORITY shall provide formats, templates, and guidance in reporting requirements as 13 described in CTFP. 14 F. AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of 15 PROJECT, may perform a technical and/or field review to ensure that the CTFP Guidelines, policies, and 16 procedures were followed. Such a review may be performed one hundred and eighty (180) days after the 17 PROJECT three year grant period is complete. If the technical and or field review determines that any of 18 the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must reimburse 19 and return the amount of funding used to perform the ineligible activity to AUTHORITY. 20 G. AUTHORITY shall invoice the PARTICIPATING AGENCIES as identified in 21 APPLICATION and Attachment A for the dollar cash match at the start of the PROJECT or at a mutually 22 agreed upon time to facilitate any respective AGENCY funding timeframes. 23 H. AUTHORITY shall request updates on the PROJECT as part of semi-annual review 24 process, including documentation of in-kind match conforming to Attachment A and will include the 25 PROJECT in the list of active projects in OCfundTrAcker until completion of the three year grant period. 26 Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders. Page 5 of 18 COOPERATIVE AGREEMENT NO. C-5-3589 WESTMINSTER AVENUE 117TH STREET - RTSSP 1 ARTICLE 4. RESPONSIBILITIES OF THE AUTHORITY AS PROJECT LEAD AGENCY 2 The AUTHORITY as the LEAD AGENCY agrees to the following responsibilities for the 3 implementation of the PROJECT: 4 A. AUTHORITY shall act as the LEAD AGENCY for the work necessary to manage, procure, 5 and complete the PROJECT as identified in APPLICATION. 6 B. To coordinate outreach with PARTICIPATING AGENCIES for PROJECT. 7 C. To collect all data necessary to provide new optimized timing plans including, but not 8 limited to, manual intersection all movement counts, and twenty four (24) hour / seven (7) day automated 9 machine traffic counts with vehicle classification. 10 D. To develop and implement new timing plans optimized for signal synchronization. 11 E. To provide updated timing plans for all control systems and all relevant data used to 12 develop said plans to PARTICIPATING AGENCIES. 13 F. To prepare a "Before and After Study" for PROJECT as described in the Measure M2 14 Eligibility Guidelines adopted by the AUTHORITY. The 'Before and After Study" for the project is 15 considered the equivalent of the required Project Final Report (Measure M2 Ordinance No. 3, Section 16 13,111.9) for PROJECT, The AUTHORITY shall provide the "Before and After Study" to the 17 PARTICIPATING AGENCIES in draft and final formats for review and comment. AGENCY comments 18 shall be noted in the final study. If specified in APPLICATION, AUTHORITY shall provide a "Before and 19 After Study" video of a representative portion of PROJECT at up to two public meetings. 20 ARTICLE 5. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES 21 PARTICIPATING AGENCIES agree to the following responsibilities for implementation and 22 funding of PROJECT: 23 A. Provide a technical representative to meet and participate as a member of the 24 PROJECT's Traffic Forum. 25 B. To authorize the AUTHORITY to manage, procure, and implement all aspects of 26 PROJECT. Page 6 of 18 COOPERATIVE AGREEMENT NO. C-5.3589 WESTMINSTER AVENUE / 17TH STREET - RTSSP 1 C. To participate and support PROJECT implementation within the timeframe outlined in 2 APPLICATION and consistent with the CTFP Guidelines adopted by AUTHORITY. 3 D. To provide AUTHORITY all current intersection, local field master, and/or ATMS timing 4 plans and related data upon request. 5 E. To provide the local cash match and/or documentation for the in-kind services match 6 for PROJECT in accordance with Attachment A. Failure to provide included local cash match and or 7 evidence of in-kind services match may result in the loss of future participation for competitive funding 8 opportunities. 9 F. PARTICIPATING AGENCIES that have included a dollar match as identified in 10 Attachment A shall provide payment for the dollar match to AUTHORITY within thirty (30) calendar 11 days of receipt of an invoice. 12 G. PARTICIPATING AGENCIES that have included an in-kind services match as identified 13 in Attachment A shall provide documentation of conformance as part of the semi-annual review process. 14 H. To waive all fees associated with any local agency permits that may be required of the 15 consultant, subconsultants, and/or service or equipment providers in the performance of the PROJECT. 16 I. PARTICIPATING AGENCIES shall provide updates on PROJECT to AUTHORITY as 17 part of semi-annual review process until completion of the three year PROJECT grant period. Documents 18 to be provided include, but are not limited to, payroll records, contracts, and purchase orders. 19 J. PARTICIPATING AGENCIES shall, if specified in APPLICATION, continue Ongoing 20 Monitoring and Maintenance after the three year grant period is complete and continue until the end of 21 the PROJECT per additional Maintenance of Effort in APPLICATION. 22 ARTICLE 6. DELEGATED AUTHORITY 23 The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this 24 Agreement are delegated to its respective City Manager and/or County Executive Officer, or designee, 25 and the actions required to be taken by AUTHORITY in the implementation of this Agreement are 26 delegated to AUTHORITY's Chief Executive Officer or designee. Page 7 of 18 2 3 4 5 6 7 8 9 1a 11 12 13 14 15 16 17 18 19 26 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-5-3589 WESTMINSTER AVENUE / 17TH STREET - RTSSP ARTICLE 7. AUDIT AND INSPECTION AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a period of five (5) years after final payment, 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 OCTA Consultant's final billing (so noted on the invoice) under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in contracts with PARTICIPATING AGENCIES' contractor. ARTICLE 8. INDEMNIFICATION A. To the fullest extent permitted by law, PARTICIPATING AGENCIES shall defend (at PARTICIPATING AGENCIES' sole cost and expense with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCIES' employees included), for damage to property, including property owned by AUTHORITY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of PARTICIPATING AGENCIES, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES), indemnify, protect, and hold harmless PARTICIPATING AGENCIES, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, Page 8 of 18 COOPERATIVE AGREEMENT NO. C-5-3589 WESTMINSTER AVENUE 117TH STREET - RTSSP 1 demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, 2 penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not 3 limited to Claims arising from injuries to or death of persons (AUTHORITY's employees included), for 4 damage to property, including property owned by PARTICIPATING AGENCIES, or from any violation of 5 any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or 6 willful misconduct of AUTHORITY, its officers, directors, employees or agents in connection with or arising 7 out of the performance of this Agreement, a C. The indemnification and defense obligations of this Agreement shall survive its expiration 9 or termination. 10 ARTICLE 9. ADDITIONAL PROVISIONS 11 A. Term of Acireement: This Agreement shall be in full force and effect through 12 20—. 13 B. Amendment: This Agreement may be extended or amended in writing at any time by the 14 mutual consent of all Parties and AUTHORITY. No amendment shall have any force or effect unless 15 executed in writing by all Parties and AUTHORITY, 16 C. Termination: In the event any Party defaults in the performance of their respective 17 obligations under this Agreement or breaches any of the provisions of this Agreement, a non -defaulting 18 Party(s) shall have the option to terminate this Agreement upon thirty (30) calendar days prior written 19 notice to the Party in default, 20 D. Termination for Convenience: Either Party may terminate this Agreement for its 21 convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for 22 convenience to the other Party. 23 E. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal, 24 state, and local laws, statues, ordinances and regulations of any governmental authority having 25 jurisdiction over the PROJECT. 26 Page 9 of 18 COOPERATIVE AGREEMENT NO. C-5-3589 WESTMINSTER AVENUE / 17TH STREET - RTSSP 1 F. Legal Authority: AUTHORITY and PARTICIPATING AGENCIES hereto consent that they 2 are authorized to execute this Agreement on behalf of said Parties and that, by so executing this 3 Agreement, the Parties hereto are formally bound to the provisions of this Agreement. 4 G. Severability: If any term, provision, covenant or condition of this Agreement is held to be 5 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the 6 remainder of this Agreement shall not be affected thereby, and each term, 7 provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent 8 permitted by law. 9 H. Counterparts of Agreement: This Agreement may be executed and delivered in any 10 number of counterparts, each of which, when executed and delivered shall be deemed an original and all 11 of which together shall constitute the same agreement. Facsimile signatures shall be permitted. 12 I. Force Majeure: Either Party shall be excused from performing its obligations under this 13 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable 14 cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; 15 commandeering of material, products, plants orfacilities by the federal, state or local government; national 16 fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause 17 is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond 18 the control and is not due to the fault or negligence of the Party not performing. 19 J. Assjgnment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or 20 authority hereunder may be assigned in whole or in part by either Party without the prior written consent 21 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed 22 void and of no force and effect. Consent to one assignment shall be deemed consent to any subsequent 23 assignment, nor the waiver of any right to consent to such subsequent assignment. 24 K. Governing Law: The laws of the State of California and applicable local and federal laws, 25 regulations and guidelines shall govern this Agreement. 26 / Page 10 of 18 7 2 3 4 5 6 7 8, 0 10 11 12 13 14 15 16 17 itl 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO, C-5-3589 WESTMINSTER AVENUE 117TH STREET - RTSSP L. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing Party. M. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed as follows: To SANTA ANA: To AUTHORITY: City of Santa Ana Orange County Transportation Authority 20 Civic Center Plaza — M43 550 South Main Street Garden Grove, CA 92842 P. O. Box 14184 Santa Ana, CA 92701 Attention: Cesar Rangel City Traffic Engineer Orange, CA 92863-1584 Attention: Vinh Nguyen Attention: Venita Anderson Senior Civil Engineer Senior Contract Administrator Tel: (714) 647-5612 Tel: (714) 560-5427 E-mail: vnguyen2santa-ana.org E-mail: vanderson agocta.net To GARDEN GROVE: To SEAL BEACH: City of Garden Grove City of Seal Beach 11222 Acacia Parkway 211811 Street Garden Grove, CA 92842 Seal Beach, CA 90740 Attention: Tony Aquino Attention: Cesar Rangel City Traffic Engineer Assistant Engineer Tel: (714) 741-5193 Tel: (562) 431-2527 ext. 1328 j E -mai(: tonyUDoarden-grove.org E-mail crangel(a)sealbeachca.gov J Page 11 of 18 1 2 01 4 5 6 7 10 11 11 13 14 16 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO, C-5-3589 WESTMINSTER AVENUE / 17TH STREET - RTSSP To TUSTIN: To WESTMINSTER: City of Tustin City of Westminster 300 Centennial Way 8200 Westminster Blvd. Tustin, CA 92780 Westminster, CA 92683 Attention: Krys Saldivar Attention: Adoffo Ozaeta, P. E. Public Works Manager Traffic Engineer Tel: (714) 573-3172 Tel: (714) 548-3462 E-mail: ksaldivarCcDtustinca.org E-mail: aozaetaCcDcl.yestminste�r.caus To ORANGE COUNTY: County of Orange 300 North Flower Street Santa Ana, CA 92703 Attention: Isaac Alonso Rice, P.E. Traffic Engineer Tel: (714) 245-4569 E-mail: lsaac.alonsorice(o)ocpw.ocqov,com Page 12 of 18 2I 0 COOPERATIVE AGREEMENT NO. C-5-3588 WESTMINSTER AVENUE t 17TH STREET - RTSSP This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-5-3589 to be executed on the date first written above. CITY OF S ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By: By: Dav' Cavazosn Darrell Johnson City Manager 2) Chief Executive Officer 81 ATTEST: 9 17 18 19 20 21 22 23 Vk 224 -25 n ,� 26 By: &2— / Maria D. Huizar City Clerk APPROVED AS TO FORM r; Bv: ? r Sonia R. Carvalho City Attorney Dated: %`• i � In dames M. Donich General Counsel an Kia Monazavi Executive Director, Planning Dated: Page 13 of 18 COOPERATIVE AGREEMENT NO. C-5-3589 WESTMINSTER AVENUE / 17TH STREET - RTSSP This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-5-3589 to be executed on the date first written above. CITY OF GARDEN GROVE 5 By: 6 7 Bao Nguyen Mayor 811 ATTEST: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 Kathleen Bailor City Clerk APPROVED AS TO FORM By: Thomas Nixon City Attorney Dated: Page 14 of 18 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 24 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-5-3589 WESTMINSTER AVENUE/ 17TH STREET - RTSSP This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-5-3589 to be executed on the date first written above. CITY OF SEAL BEACH By: Jill R. Ingram City Manager ATTEST: By: Tina Knapp City Clerk APPROVED AS TO FORM By: Steven L. Flower City Attorney Dated: Page 15 of 18 1 2 3 4 COOPERATIVE AGREEMENT NO. C-5-3589 WESTMINSTER AVENUE 117T" STREET - RTSSP This Agreement shall be made effective upon execution by all Pates. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-5-3589 to be executed on the date first written above. CITY OF TUSTIN 5 By: 6 7 10 19 12 13 14 15 17 18 19 20 21 am 23 24 25 26 Charles E. Puckett Mayor ATTEST: 1-a go Dated: Jeffrey C. Parker City Clerk David E. Kendig City Attorney Page 16 of 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 go COOPERATIVE AGREEMENT NO. C-5-3589 WESTMINSTER AVENUE 117TH STREET - RTSSP This Agreement shall be made effective upon execution by all Parties, IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-5-3589 to be executed on the date first written above. CITY OF WESTMINSTER By: Tri Ta Mayor TIVEMI 51 0 Dated: City Clerk City Attorney Page 17 of 18 f COOPERATIVE AGREEMENT NO. C-5-3589 WESTMINSTER AVENUE 117TH STREET - RTSSP 1 This Agreement shall be made effective upon execution by all Parties. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. 0-5-3589 to be 3 executed on the date first written above. 4 COUNTY OF ORANGE 5 By: Todd Spitzer 6 Board of Supervisors 7 8 ATTEST: 9 t 10 By: 11 Robin Stieler Clerk of the Board 12 APPROVED AS TO FORM 13 14 By: 15 Nicholas S. Chrisos 16 County Counsel 17 18 Dated: 19 20 21 22 23 24 25 26 Page 18 of 18 COOPERATIVE AGREEMENT NO. C-5-3589 WESTMINSTER AVENUE 117TH STREET ATTACHMENT A DETAILED LOCAL MATCH COMMITMENT SECTION 1: AGENCY TOTAL MATCH SUMMARY AGENCYCASH FUNDING SOURCE IN-KIND TOTAL MATCH City of Santa Ana _ $241,896.00 $38,456,00 $280,352.00 City of Garden Grove $95,184.00 $13,833.00 $109,017.00 City of Seal Beach $47,903.00 $9,800.00 $57,703.00 City of Tustin $38,500.00 $0.00 $38,500.00 City of Westminster $84,448.00 $15,006.00 $99,454.00 County of Orange $120,000.00 $0.00 $120,000.00 TOTAL $627,931.00 $77,095.60 $705,026,00 SECTION 2: MATCH BREAKDOWN (CASH VS IN-KIND SERVICES) A. Cash Match AGENCY FUNDING SOURCE AMOUNT OF CASH CONTRIBUTION City of Santa Ana M2 Fairshare $241,896.00 City of Garden Grove M2 Fairshare $95,184.00 City of Seal Beach M2 Fairshare $47,903.00 City of Tustin M2 Fairshare $38,500.00 City of Westminster County of Orange Traffic Impact Fee Gas Tax $84,448.00 $120,000.00 TOTAL— $627,931.00 B. In -Kind Services i. Specific Improvements (List items and Cost): NIA Agency Improvement Page A —1 m Expenditure TOTAL $ COOPERATIVE AGREEMENT NO, C-5-3589 WESTMINSTER AVENUE ! 17TH STREET ATTACHMENT A ii. Staffing Commitment: AGENCY STAFF POSITION TYPE OF SERVICE NO.OF FULLY BURDENED TOTAL* TO PROJECT HOURS HOURLY RATE City of Santa Sr Civil Engineer Project Admin 24 $233 $5,592 Ana City of Santa Assistant Traffic Project Design ! Operation Implement/ 40 $213 $8,520 Ana Engineer Construction Eng. City of Santa Project Design / Ana Assistant Engineer Implement! 55 $213 $11,715 Construction Eng. City of Santa Construction Construction 55 $187 $10,285 Ana Inspector Engineering City of Santa C Project Design / Ana Engineering Intern Implement/ 57.17 $41 $2,344 Construction Eng. Total for City of Santa An $ 38,456 City of Associate Engineer Project Design ! 40 $95 $3,800 Garden Grove Implement/ Review City of Associate Engineer Project Design / 40 $95 $3,800 Garden Grove Implementation City of Sr. Traffic Signal Project Design t 40 $75 $3,000 Garden Grove Electrician Construction Eng. City of Construction Construction 28.11 $115 $3,233 Garden Grove Inspector Engineering Total for City of Garden Grove: $ 13,833 City of Seal City Traffic Project Admin 8 $175 $1,400 Beach Engineer City of Seal Project Design / Beach Assistant Engineer Implement / Construction Eng. 40 $145 $5,800 City of Seal Beach Construction Inspector Construction Engineering 20.8 $125 $2,600 Total for City of Seal Beach: $ 9,800 COOPERATIVE AGREEMENT NO. C-5-3589 WESTMINSTER AVENUE / 17T" STREET ATTACHMENT A *Total amount is the required participation by the identified agency. The nurnber 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 €orkeeping 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, Page A-3 Project Admin t City of Traffic Engineering Implement / 110.0 $94.12 $10,353 Westminster Construction Eng. City of Civil Engineering Project Implement / 58.12 $80.06 $4,653 Westminster Assistant Construction Eng. Total for City of Westminster: $ 15,006 TOTAL IN-KIND MATCH": $ 77,095 *Total amount is the required participation by the identified agency. The nurnber 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 €orkeeping 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, Page A-3