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HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (5)A-2018-267 Return ORIGINAL \� Executed Copyto COTC (M -30/T11) DEC 17 2010 1 COOPERATIVE AGREEMENT NO. C-8-1800 2 BETWEEN 3 ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 CITIES OF IRVINE, ORANGE, AND SANTA ANA 6 FOR 7 MAIN STREET REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM PROJECT 8 THIS COOPERATIVE AGREEMENT (Agreement), is effective this day of 9 AN0.AAV-Y , 2013-, by and between the Orange County Transportation Authority, 550 South 10 Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of 11 California (herein referred to as "AUTHORITY') and the cities of Irvine, Orange, and Santa Ana 12 (hereinafter referred to as "PARTICIPATING AGENCIES") each individually known as "Party" and 13 collectively known as the "Parties". 14 RECITALS; 15 WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES is working 16 together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed 17 Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP or Project P) to enhance 18 countywide traffic flow and reduce congestion; and 19 WHEREAS, the AUTHORITY has completed the competitive 2018 Call for Projects (hereinafter, 20 "2018 CALL") in support of Project P and awarded Project P funds based on the application (hereinafter, 21 "APPLICATION") prepared by the City of Irvine (hereinafter referred to as the'APPLICANT AGENCY") 22 for implementation of signal synchronization of traffic signals along Main Street between the intersections 23 of Taft Avenue in the City of Orange and Culver Drive in the City of Irvine (hereinafter, "PROJECT'); and 24 WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected to 25 designate the AUTHORITY and the AUTHORITY agrees to act as the implementing agency to carry out 26 PROJECT; and Page 1 of 15 L:\Cam m\CLE RI CAL\W ORD PROC W G REE\AG81800, docx COOPERATIVE AGREEMENT NO. C-8-1800 MAIN STREET — RTSSP 1 WHEREAS, the PROJECT will include approximately sixty-seven (67) traffic signalized 2 intersections as identified in the APPLICATION; and 3 WHEREAS, the PROJECT will include Intelligent Transportation System (ITS) elements 4 identified in the APPLICATION including certain hardware and software upgrades to intersection and 5 central control systems including Advanced Transportation Controller units (ATC), telematics and 6 interconnect systems, Advanced Transportation Management Systems (ATMS), Roadside Units 7 (RSU), and other associated systems (hereinafter collectively referred to as "ITS ELEMENTS"), will 8 be constructed and/or installed and implemented as part of the PROJECT as identified in the 9 APPLICATION; and 10 WHEREAS, the AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate 11 the inclusion of other ITS elements (hereinafter OTHER ELEMENTS) that should be installed at the 12 same time as the construction of the PROJECT and are not part of this Agreement; and 13 WHEREAS, all costs associated with the inclusion of these OTHER ELEMENTS, if any, are 14 the sole responsibility of the AGENCY owning each and any of those OTHER ELEMENTS during the 15 project; and 16 WHEREAS, AUTHORITY and each respective Party acknowledge and understand that in- 17 house resources (staff) from Party will provide various services for PROJECT, and 18 WHEREAS, AUTHORITY and each respective Party acknowledge and understand that 19 PROJECT costs for various types of additional work required by each respective Party, by its staff, or 20 by policy, may not have been included in the original application and therefore costs to contractors or 21 consultants to comply with staff requirements are not included in the PROJECT allocation; and 22 WHEREAS, AUTHORITY and Parties agree that these costs will be paid by PROJECT; and 23 WHEREAS, Parties and each respective Party acknowledge and understand that the costs for 24 the additional work may be reversed by AUTHORITY's Audit, and 25 WHEREAS, based on AUTHORITY's Board of Directors approved PROJECT ALLOCATION and 26 APPLICATION, the AUTHORITY agrees to implement the PROJECT; and Page 2 of 15 L:\Camm\CLERICAL\wORDPROC WGREE\AG81800.doox COOPERATIVE AGREEMENT NO, C-8-1840 MAIN STREET — RTSSP 1 WHEREAS, the PARTICIPATING AGENCIES per the M2 Ordinance, agree to provide 2 PROJECT funding in a combined cash and in-kind services match of Seven Hundred Sixty Four 3 Thousand Five Hundred Forty Four Dollars ($764,544.00), as shown in Attachment A, or equivalent to at 4 least twenty percent (20%) of PROJECT cost; and 5 WHEREAS, the AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this 6 Agreement to implement the PROJECT in support of Project P; and 7 WHEREAS, this Agreement defines the specific terms, conditions, and funding responsibilities 8 between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation of the 9 PROJECT; and 10 WHEREAS, the AUTHORITY'S Board of Directors authorized funding for the PROJECT on June 11 11, 2018; and 12 WHEREAS, the AUTHORITY's Board of Directors authorized this cooperative agreement on 13 September 10, 2018, 14 WHEREAS, the City of Irvine's City Council approved this Agreement on the day of 15 ,20 16 WHEREAS, the City of Orange's City Council approved this Agreement on the 01 day of 17 NoVemeclz 20 113 . 18 WHEREAS, the City of Santa Ana's City Council approved this Agreement on the Z0A__day of 19 l\)z)\)6M6EP2 20 18 20 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the 21 PARTICIPATING AGENCIES as follows: 22 ARTICLE 1. COMPLETE AGREEMENT 23 A. This Agreement, including any attachments incorporated herein and made applicable by 24 reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this 25 Agreement between AUTHORITY and PARTICIPATING AGENCIES and it supersedes all prior 26 representations, understandings, and communications. The invalidity in whole or in part of any term or Page 3 of 15 L\Camn\CLERlCAL\wORDPROCtAGREE\AG81800.doox COOPERATIVE AGREEMENT NO. C-8-1800 MAIN 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 when 8 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 Parties 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 25 26 Page 4 of 15 L;\Camm\CLERICAL\VVORD PROC\AGREE\AG81800 docx COOPERATIVE AGREEMENT NO. C-8-1800 MAIN 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 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 end of the Primary Implementation 22 phase or at a mutually agreed upon time to facilitate any respective AGENCY funding timeframes. 23 H. AUTHORITY shall request updates for 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 OC Fund Tracker 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 15 L:\Camm\CLERICAL\WORDPROCW GREE\AG8'1800.docx COOPERATIVE AGREEMENT NO. C-8-1800 MAIN 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 or video all movement counts at each PROJECT signalized intersection, and a mutually 9 agreed upon number and location of twenty-four (24) hour / seven (7) day automated machine traffic 10 counts with vehicle classification. 11 D. To develop and implement new timing plans optimized for signal synchronization. 12 E. To provide updated timing plans for all control systems and all relevant data used to 13 develop said plans to PARTICIPATING AGENCIES. 14 F. To prepare a "Before and After Study" for PROJECT as described in the Measure M2 15 Eligibility Guidelines adopted by the AUTHORITY. The "Before and After Study" for the project is 16 considered the equivalent of the required Project Final Report (Measure M2 Ordinance No. 3, Section 17 8.111.9) for PROJECT. The AUTHORITY shall provide the "Before and After Study" to the 18 PARTICIPATING AGENCIES in draft and final formats for review and comment. AGENCY comments 19 shall be noted in the final study, If specified in APPLICATION, AUTHORITY shall provide a "Before and 20 After Study" video of a representative portion of PROJECT at up to two (2) public meetings. 21 ARTICLE 5. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES 22 PARTICIPATING AGENCIES agree to the following responsibilities for implementation and 23 funding of PROJECT: 24 A. Provide a technical representative to meet and participate as a member of the 25 PROJECT's Traffic Forum, 26 1 Page 6 of 15 L:\Camm\CLERICALIWORDPROCVAGREeAG81800.docx COOPERATIVE AGREEMENT NO, C-8-1800 MAIN STREET — RTSSP 1 B. To authorize the AUTHORITY to manage, procure, and implement all aspects of 2 PROJECT. 3 C. To participate and support PROJECT implementation within the timeframe outlined in 4 APPLICATION and consistent with the CTFP Guidelines adopted by AUTHORITY. 5 D. To provide AUTHORITY all current intersection as-built drawings, all current 6 intersections controller assembly plans as provided by the manufacturer and modified by Party since 7 original installation, local field master, local controller, and ATMS timing plans and other ITS related 8 data upon request. 9 E. To provide the local cash match and/or documentation for the in-kind services match 10 for PROJECT in accordance with Attachment A. Failure to provide local cash match and or evidence 11 of in-kind services match may result in the loss of future participation for competitive funding 12 opportunities. 13 F. PARTICIPATING AGENCIES that have included a dollar match as identified in 14 Attachment A shall provide payment for the dollar match to AUTHORITY within thirty (30) calendar 15 days of receipt of an invoice. 16 G. PARTICIPATING AGENCIES that have included an in-kind services match as identified 17 in Attachment A shall provide documentation of conformance as part of the semi-annual review process. 18 H. To waive all fees associated with any local agency permits that may be required of the 19 consultant, sub consultants, and/or service or equipment providers in the performance of the PROJECT. 20 1. PARTICIPATING AGENCIES shall provide updates on PROJECT to AUTHORITY as 21 part of semi-annual review process until completion of the three-year PROJECT grant period. Documents 22 to be provided include, but are not limited to, payroll records, contracts, and purchase orders. 23 J. PARTICIPATING AGENCIES shall, if specified in APPLICATION, continue Ongoing 24 Operations and Maintenance after the three-year grant period is complete and continue until the end of 25 the PROJECT per additional maintenance of effort in APPLICATION. 26 ! Page 7 of 15 L:1Camm1CLERICAL\WORDPROGAGREEkAG818X'.docx COOPERATIVE AGREEMENT NO. C-8-1800 MAIN STREET — RTSSP 1 K. The project is partially funded by Senate Bill 1 (SB-1) and PARTICIPATING AGENCIES 2 agree to comply with all applicable SB-1 Accountability Guidelines, Local Partnership Program and State 3 requirements. 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 their respective City Manager, or 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 or designee. 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 five (5) years after final payment, final closeout, or until any on-going audit is completed, 15 whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of 16 AUTHORITY's payment of consultant's final billing (so noted on the paid invoice) 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. To the fullest extent permitted by law, PARTICIPATING AGENCIES shall defend 22 (at PARTICIPATING AGENCIES' sole cost and expense with legal counsel reasonably acceptable to 23 AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, and its officers, directors, employees, 24 and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, 25 claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, 26 penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not Page 8 of 15 L:1Camm\CLERICALIwORDPROCIAGREEV\G81860.docx COOPERATIVE AGREEMENT NO. C-8-1804 MAIN STREET — RTSSP 1 limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCIES' employees 2 included), for damage to property, including property owned by AUTHORITY, orfrom any violation of any 3 federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful 4 misconduct of PARTICIPATING AGENCIES, its officers, directors, employees or agents in connection 5 with or arising out of the performance of this Agreement. 6 B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole 7 cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES), indemnify, 8 protect, and hold harmless PARTICIPATING AGENCIES, including their officers, directors, employees, 9 and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, 10 claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, 11 penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not 12 limited to Claims arising from injuries to or death of persons (AUTHORITY's employees included), for 13 damage to property, including property owned by PARTICIPATING AGENCIES, or from any violation of 14 any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or 15 willful misconduct of AUTHORITY, its officers, directors, employees or agents in connection with or arising 16 out of the performance of this Agreement. 17 C. The indemnification and defense obligations of this Agreement shall survive its expiration 18 or termination. 19 ARTICLE 9. ADDITIONAL PROVISIONS 20 A. Term of Agreement: This Agreement shall be in full force and effect through December 21 31, 2023. 22 B. Amendment: This Agreement may be extended or amended in writing at any time by the 23 mutual consent of all Parties and AUTHORITY. No amendment shall have any force or effect unless 24 executed in writing by all Parties and AUTHORITY. 25 C. Termination: In the event any Party defaults in the performance of their respective 26 obligations under this Agreement or breaches any of the provisions of this Agreement, a non-defaulting Page 9 of 15 L:1Camm1CLERiCAL\W 4RDPROCWGREE'u1G81800.docx COOPERATIVE AGREEMENT NO. C-8-1800 MAIN STREET — RTSSP I Party(s) shall have the option to terminate this Agreement upon thirty (30) calendar days prior written 2 notice to the Party in default. 3 D. Termination for Convenience: Either Party may terminate this Agreement for its 4 convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for 5 convenience to the other Party. 6 E. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal, 7 state, and local laws, statues, ordinances and regulations of any governmental authority having 8 jurisdiction over the PROJECT. 9 F. Legal Authority: AUTHORITY and PARTICIPATING AGENCIES hereto consent that they 10 are authorized to execute this Agreement on behalf of said Parties and that, by so executing this 11 Agreement, the Parties hereto are formally bound to the provisions of this Agreement. 12 G. Severability: If any term, provision, covenant or condition of this Agreement is held to be 13 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the 14 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or 15 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 16 H. Counterparts of Agreement: This Agreement may be executed and delivered in any 17 number of counterparts, each of which, when executed and delivered shall be deemed an original and all 18 of which together shall constitute the same agreement. Facsimile signatures shall be permitted. 19 I. Assignment: 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 J. 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 15 L.\Camm\CLERICAL\VVORDPROC\AGREE\AG81800,docx 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-8-1800 MAIN STREET— RTSSP K. 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. L. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed as follows: To IRVINE: To AUTHORITY: City of Irvine Orange County Transportation Authority 1 Civic Center Plaza 550 South Main Street Irvine, CA 92623-9575 P. O. Box 14184 Orange, CA 92863-1584 Attention: Jaimee Bourgeois Attention: Michael Le Traffic Engineer Contract Administrator Tel: (949) 724-6369 Tel: (714) 560-5314 Email: Ibourgeois(cUcityofirvine.org E-mail: mlel docta.net To SANTA ANA: To ORANGE: City of Santa Ana City of Orange 20 Civic Center Plaza 300 E. Chapman Avenue M-43 Orange, CA 92868 Santa Ana, CA 92702 Attention: Cesar Rodriguez Attention: Kathy Nguyen Acting Senior Civil Engineer Senior Civil Engineer Tel: (714) 647-5626 Tel: (714) 744-5528 Email: Crodriguez(a?santa-ana.org Email: knguyen(d).cityoforange.org Page 11 of 15 L:1Camm4CLERICALIVVORDPROC\AGREEVA81800.docx COOPERATIVE AGREEMENT NO. G-8-1800 MAIN STREET — RTSSP 1 M. Force Majeure: Either Party shall be excused from performing its obligations under this 2 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable 3 cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; 4 commandeering of material, products, plants orfacilities bythe federal, state or local government; national 5 fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause 6 is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond 7 the control and is not due to the fault or negligence of the Party not performing. 8 t 9 / 10 1 11 / 12 t 13 / 14 t 15 / 16 1 17 / 18 1 19 / 20 t 21 / 22 1 23 / 24 / 25 / 26 1 Page 12 of 15 L:\Camm\C LERI CAL\W ORDPROC W GREE'AG818GO.docx i This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-8-1800 to be d-o<lhe date -first written above. Donald P: Mayor ATTEST: By: Molly McL City Clerk APPROVED AS TO FORM By: J fFrey Melching City Attorney Dated: ORANGE COUN NSPORTATION AUTHORITY By: Darrell E. JohnsonV Chief Executive Officer APPROVED AS TO FORM: -_ /1 Kia Mortazavi Executive Director, Dated: P/1 "�%°rz Page 13 of 15 L:lCamm\CLERiCAL1w6RDPROC\AGREE\AC81800.docx 1 2 3 4 5 6, 7 8 g 10 11 12 13 14 15 16 17 18 18 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-8.1800 MAIN 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-8-1800 to be executed on the date first written above. CITY OF RANG ~. Teresa E. Smith Mayor ATTEST: By:e� r ; Mary E. Mu by City Clerk Wa e W. Winthers City Attorney Dated: % 7 Page 14 of 15 L\Camm\CLERICAL\WORDPROCVAGREE\AG8180O.doox COOPERATIVE AGREEMENT NO. C-8-1800 MAIN 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. C-8-1800 to be 3 executed on the date first written above. 4 CITY OF SANTA Awl 5 By. ffzo-E� Raul odinez II 6 City Manager 7 8 ATTEST: 9 10 By: A/ 11 Maria D. Huizar Clerk of the Council 12 13 APPROVED AS TO FORM 14 By: 15 is R. Carvalho L �� 16 City Attorney 7 17 18 Dated: 19 20 21 22 23 24 25 26 Page 15 of 15 L�CammtCLER ICALiwORDPROC�AGREE\AG81800.docx COOPERATIVE AGREEMENT NO. C-8-1800 MAIN STREET - RTSSP ATTACHMENT A DETAILED LOCAL MATCH COMMITMENT SECTION 1: AGENCY TOTAL MATCH SUMMARY ill -kind inancn may be converted to cash mann it agency does not sansty in-kind match commitment by the end of the respective phase. However, Cash Match is NOT allowed to be converted to in-kind match, SECTION 2: MATCH BREAKDOWN (CASH VS IN-KIND SERVICES) A. Cash Match AGENCY CASH MATCH IN-KIND MATCH* TOTAL MATCH AGENCY Primary Implementation Ongoing Monitoring & Maintenance Primary Implementation Ongoing Monitoring & Maintenance Primary Implementation Ongoing Monitoring & Maintenance $ 295,194 TOTAL $ 709,148 City of Irvine $234,677 $ 9,120$ 0 $ 234, 677 $ 9,120 $ 243,797 $ 243,797 City of $166,017 $4,140 $12,400 $2,100 $178,417 $6,240 Orange $ 170,157 $ 14,500 $ 184,657 City of Santa $ 281,190 $ 14,004 $ 38,100 $ 2, 796 $319,290 $16, 800 Ana $ 295,194 $ 40,896 $ 336,090 $ 681,884 $ 27,264 $ 50,500 $ 4,896 $ 732,384 $ 32,160 TOTAL $ 709,148 $ 55,396 $ 764,544 ill -kind inancn may be converted to cash mann it agency does not sansty in-kind match commitment by the end of the respective phase. However, Cash Match is NOT allowed to be converted to in-kind match, SECTION 2: MATCH BREAKDOWN (CASH VS IN-KIND SERVICES) A. Cash Match AGENCY FUNDING SOURCE AMOUNT OF CASH CONTRIBUTION City of Irvine M2 Fairshare or General Fund $ 243,797 City of Orange M2 Fairshare $ 170,157 City of Santa Ana M2 Fairshare $ 295,194 TOTAL $ 709,148 Page A - 1 COOPERATIVE AGREEMENT NO. C-8.1800 MAIN STREET - RTSSP ATTACHMENT A B. In -Kind Services Specific improvements (List items and Cost): Agency Improvement Expenditure TOTAL $0 ii. Staffing Commitment: AGENCY STAFF POSITION TYPE OF SERVICENO. OF FULLY BURDENED TOTAL** TO PROJECT HOURS HOURLY RATE City of Orange Senior Engineer Project Manager 30 $ 180 $ 5,400 City of Engineering Tech Construction & 65 $ 140 $ 9,100 Orange Support Total for City of Orange: $ 14,500 City of Santa Ana Senior Civil Engineer Project Administration 30 $ 233 $ 6,990 Design Review, City of Santa Assistant Engineer Implementation & 110 $ 213 $ 23,430 Ana Construction En ineering City of Santa Construction Construction 43 $ 187 $ 8,041 Ana Inspector Engineering Design Review, City of Santa Engineering Intern Implementation & 59 $ 41.27 $ 2,435 Ana Construction En ineerin Total for City of Santa Arra: 1 $ 40,896 TOTAL IN-KIND MATCH": 1 $ 55,396 **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 wRl be subject to auditing. Page A - 2