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HomeMy WebLinkAboutItem 12 - Cooperative Agreement with the City of La Habra and Partnering Cities Public Works Agency www.santa-ana.org/public-works Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 2, 2024 TOPIC: Euclid Street Corridor Traffic Signal Synchronization AGENDA TITLE Cooperative Agreement with the City of La Habra and Partnering Cities for the Euclid Street Corridor Traffic Signal Synchronization Project (Project 23-6721) (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a cooperative agreement with the Cities of La Habra, Fullerton, Anaheim, Garden Grove, and Fountain Valley, identifying each city’s roles and responsibilities, including Santa Ana’s match requirement of $113,827, for the implementation of the Euclid Street Corridor Traffic Signal Synchronization Project, for a term beginning upon full approval of the agreement by all parties and ending December 31, 2028, with an option for extension upon written agreement by all parties (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On November 16, 2021, the City Council authorized staff to submit joint applications with participating agencies to the Orange County Transportation Authority (OCTA) to request funding consideration for the renewed Measure M2 Regional Traffic Signal Synchronization Program. The cooperative agreement for the Euclid Street Corridor Traffic Signal Synchronization Project (Euclid Street Project) would provide for inter- jurisdictional traffic signal synchronization and improvements along the corridor traversing the cities of Santa Ana, La Habra, Fullerton, Anaheim, Garden Grove, Fountain Valley, and Caltrans (Exhibit 1). On March 9, 2022, the OCTA Board approved the Measure M2 funding request for the Euclid Street Project. While the City of La Habra will act as the lead agency for the project, a cooperative agreement is necessary to identify the roles and responsibilities of each participating agency to maintain inter-jurisdictional synchronization during the three-year grant period (Exhibit 2). Upon project completion, responsibility for ongoing signal maintenance will revert to the respective local agencies. Euclid Street Corridor Traffic Signal Synchronization April 2, 2024 Page 2 4 1 4 1 The Measure M2 grant provides $4,961,013. The match commitments from the participating cities will provide a combined total of $1,240,253. The City of Santa Ana’s share of the matching funds is $113,827, of which $107,827 is cash and $6,000 is in- kind staff support. FISCAL IMPACT Funds for the City’s share of the project cost are budgeted and available in the Measure M2 Street Construction Fund (Account No. 03217662-66220; Project No. 23-6721) for expenditure in the fiscal years identified in the following estimated spending plan: Fiscal Year Accounting Unit-Account # Fund Description Accounting Unit, Account Description Amount 2023-24 (April- June 2024 03217662- 66220 Measure M- Street Construction Measure M2 Local Fairshare St, Improvements Other Than Building $4,450 2024-25 (July 2024- June 2025) 03217662- 66220 Measure M- Street Construction Measure M2 Local Fairshare St, Improvements Other Than Building $104,217 2025-26 (July 2025- June 2026) 03217662- 66220 Measure M- Street Construction Measure M2 Local Fairshare St, Improvements Other Than Building $5,160 Total:$113,827 The current fiscal year funding is available in the FY 2023-24 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration. EXHIBIT(S) 1. Project Location Map 2. Cooperative Agreement Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager NORTHNORTH Exhibit 1 City Council Agenda Date April 2, 2024 PWA SANTA ANA PUBLIC WORKS AGENCY Project No. 23-6721: Euclid Street Traffic Signal Synchronization Euclid Street Corridor Traffic Signal Synchronization Improvements Cooperative Agreement No. 2024-1 Page 1 of 18 COOPERATIVE AGREEMENT No. 2024-1 1 BY AND BETWEEN 2 THE CITY OF LA HABRA 3 AND 4 THE CITIES OF FULLERTON, ANAHEIM, GARDEN GROVE, SANTA ANA, AND 5 FOUNTAIN VALLEY 6 FOR THE 7 EUCLID STREET CORRIDOR PROJECT 8 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM 9 THIS COOPERATIVE AGREEMENT, hereinafter referred to as “AGREEMENT” is effective 10 the day of , 2024, by and between the City of La Habra, hereinafter 11 referred to as “LA HABRA” and the Cities of Fullerton, Anaheim, Garden Grove, Santa Ana, and Fountain 12 Valley, hereinafter referred to as “FULLERTON”, “ANAHEIM”, “GARDEN GROVE”, “SANTA ANA” 13 and “FOUNTAIN VALLEY” respectively, jointly referred to as “AGENCIES” or severally as “AGENCY”. 14 Collectively, LA HABRA and AGENCIES may be referred to as the “PARTIES” or individually as a 15 “PARTY”. 16 RECITALS 17 WHEREAS, Euclid Street between La Habra Boulevard and Interstate 405 (I-405) Southbound 18 Ramps, geographically located in the Cities of La Habra, Fullerton, Anaheim, Garden Grove, Santa Ana, and 19 Fountain Valley, is part of the OCTA Master Plan of Arterial Highways (MPAH), and 20 WHEREAS, Euclid Street between La Habra Boulevard and Country Hills Drive is maintained by 21 LA HABRA; and 22 WHEREAS, Euclid Street between Lakeview Drive and State Route 91 WB Ramps is maintained 23 by FULLERTON; and 24 WHEREAS, Euclid Street between State Route 91 EB Ramps and Katella Avenue is maintained by 25 ANAHEIM; and 26 WHEREAS, Euclid Street between Orangewood Avenue and Westminster Boulevard is maintained 27 EXHIBIT 2 Cooperative Agreement No. 2024-1 Page 2 of 18 by GARDEN GROVE; and 1 WHEREAS, Euclid Street between Emperor Quang Trung/Oakfield Avenue and McFadden Avenue 2 is maintained by SANTA ANA; and 3 WHEREAS, Euclid Street between Edinger Avenue and I-405 SB Ramps is maintained by 4 FOUNTAIN VALLEY; and 5 WHEREAS, the intersections of Euclid Street at Imperial Highway, Euclid Street at the SR-91 6 Interchange (EB and WB ramps), Euclid Street at I-5 (NB and SB ramps) Interchange, Euclid Street at SR-7 22 Interchange (EB and WB ramps), and Euclid Street at I-405 (NB and SB ramps) Interchange are 8 maintained by the State of California, hereinafter referred to as “STATE” or “CALTRANS”, and a separate 9 Cooperative Agreement is entered into between LA HABRA and CALTRANS for the STATE-maintained 10 traffic signals; and 11 WHEREAS, the Measure M2 Regional Traffic Signal Synchronization Program, hereinafter referred 12 to as “RTSSP”, targets over 2,000 signalized intersections across Orange County to maintain traffic signal 13 synchronization, improve traffic flow, and reduce congestion across jurisdictions; and 14 WHEREAS, LA HABRA and AGENCIES are committed to implementing multi-jurisdictional 15 signal synchronization to enhance countywide traffic flow, and reducing congestion; and 16 WHEREAS, the Orange County Transportation Authority, hereinafter referred to as “OCTA”, 17 approved funding for the Euclid Street Corridor RTSSP Project, hereinafter referred to as “PROJECT”; and 18 WHEREAS, the PARTIES will provide matching funds as required by the Orange County 19 Comprehensive Transportation Funding Programs; and 20 WHEREAS, LA HABRA agrees to act as the lead agency for design, construction, and management 21 of the PROJECT; and 22 WHEREAS, the PROJECT will include sixty-seven (67) signalized intersections along the Euclid 23 Street Corridor between La Habra Boulevard and I-405 SB Ramps, and geographically located in LA 24 HABRA, FULLERTON, ANAHEIM, GARDEN GROVE, SANTA ANA, and FOUNTAIN VALLEY; and 25 WHEREAS, the PROJECT will include sixty-nine (69) offset signalized intersections, defined as 26 signalized intersections situated within 2700 feet along the side streets of the PROJECT corridor signals 27 Cooperative Agreement No. 2024-1 Page 3 of 18 between La Habra Boulevard and I-405 SB Ramps, and geographically located in LA HABRA, 1 FULLERTON, ANAHEIM, GARDEN GROVE, SANTA ANA, and FOUNTAIN VALLEY; the inclusion 2 of the offset signals will minimize the impacts of the signal synchronization of the PROJECT corridor signals 3 on said offset signals; and 4 WHEREAS, the PROJECT Scope of Work includes the procurement, construction, installation and 5 modification of existing traffic signal controllers and cabinets, foundation, countdown-type signal heads, 6 video detection systems, traffic surveillance cameras, emergency vehicle preemption, power supplies, pull 7 boxes, signal interconnect communication upgrades including but not limited to fiber optic cables, signal 8 performance measures, and central system upgrades at the respective PARTIES’ Traffic Management 9 Centers; and 10 WHEREAS, the PROJECT Scope of Work also includes development, implementation, and 11 fine-tuning of coordination signal timing plans for various peak periods, and the ongoing monitoring and 12 maintenance of the coordinated signal system’s operation, including signal timing coordination and system 13 communication/detection upkeep, for a period of no less than two years; and 14 WHEREAS, LA HABRA agrees to work with AGENCIES to coordinate the inclusion of other 15 traffic control elements that must be installed at the same time as the construction of the PROJECT that are 16 NOT a part of the PROJECT Scope of Work and that are the responsibility of each respective PARTY during 17 the course of the PROJECT; and 18 WHEREAS, the PARTIES acknowledge that other RTSSP corridor projects are currently underway 19 or completed which intersect the PROJECT, and that these other RTSSP corridor timing operations must be 20 incorporated into the design and completion of this PROJECT; and 21 WHEREAS, this AGREEMENT defines the roles, specific terms, conditions and responsibilities 22 between the PARTIES. 23 AGREEMENT 24 NOW THEREFORE, it is understood and agreed by the PARTIES as follows: 25 ARTICLE 1. COMPLETE AGREEMENT 26 This AGREEMENT constitutes the complete and exclusive statement of the terms and conditions of 27 Cooperative Agreement No. 2024-1 Page 4 of 18 the agreement between the PARTIES concerning the PROJECT and supersedes all prior representations, 1 understandings, and communications between the PARTIES. The above-referenced Recitals are true and 2 correct and are incorporated by reference herein. 3 ARTICLE 2. RESPONSIBILITIES OF LA HABRA 4 LA HABRA agrees to the following responsibilities: 5 1. LA HABRA shall serve as lead agency for design, construction, and construction management of 6 the PROJECT and shall provide oversight by establishing PROJECT milestones and overseeing the 7 PROJECT development to ensure compliance with all standards and requirements set forth in this 8 AGREEMENT. 9 2. LA HABRA shall be responsible for completing the PROJECT in accordance with the funding 10 guidelines and any and all other federal, state, and OCTA requirements related to these funding programs, 11 as well as any and all applicable statutes and regulations including, but not limited to, bidding laws, prevailing 12 wage and other labor laws, provisions of the California Building Standards Code, and the California 13 Environmental Quality Act (CEQA) and the Guidelines thereunder. 14 3. LA HABRA shall be responsible for providing the required documentation and funding 15 commitments for project implementation on the CALTRANS portions of the PROJECT within LA 16 HABRA’S geographical jurisdictions. 17 4. LA HABRA shall provide AGENCIES a copy of all design documents for AGENCIES’ approval 18 of work to be performed in AGENCIES’ jurisdictions prior to LA HABRA advertising for bids. 19 5. LA HABRA shall enter into a separate Cooperative Agreement with the STATE for the 20 implementation of the STATE components of the PROJECT. 21 6. LA HABRA shall be responsible for obtaining all required permits for project implementation 22 from the STATE for the STATE components of the PROJECT. 23 7. LA HABRA shall provide staff, consultants, and contractors deemed necessary and appropriate to 24 manage, administer, coordinate, and oversee engineering design and construction management of the 25 PROJECT. LA HABRA shall require all such consultants, including architects and civil engineers, and 26 contractors to obtain and maintain comprehensive general liability, automobile liability, workers’ 27 Cooperative Agreement No. 2024-1 Page 5 of 18 compensation and employers’ liability, and professional liability insurance policies meeting the applicable 1 requirements of the Consultant Contract and Bidders Specifications for the PROJECT and to indemnify, 2 defend, and hold each of the AGENCIES and their respective elected officials, officers, employees, agents 3 and volunteers (“Indemnitees”) free and harmless, including payment of attorneys’ and experts’ fees, with 4 respect to any and all claims and liabilities of any kind arising out of each such consultant’s and/or 5 contractor’s acts or omissions in the performance of work on the PROJECT, to the maximum extent 6 permitted by law. LA HABRA shall require all such contractors to name the Indemnitees as additional 7 insureds on all commercial general and automobile liability policies required by LA HABRA for the 8 PROJECT. 9 8. The budget for the PROJECT is Six Million, Two Hundred One Thousand, Two Hundred and 10 Sixty-Six Dollars ($6,201,266). Four Million, Nine Hundred Sixty-One Thousand, and Thirteen Dollars 11 ($4,961,013) is funded by OCTA through RTSSP (Project P). Minimum PROJECT matching funds of 12 twenty percent (20%) amount to One Million, Two Hundred Forty Thousand, Two Hundred and Fifty-Three 13 Dollars ($1,240,253). LA HABRA’s portion of the PROJECT cost is approximately Six Hundred Seventeen 14 Thousand Three Hundred and Seven Dollars ($617,307) with a corresponding 20% local agency match up 15 to One Hundred Twenty-Three Thousand, Four Hundred and Sixty-One Dollars ($123,461) including in-16 kind services. Documentation of LA HABRA’S in-kind services, such as administrative services, design 17 and construction-related services including equipment procurement and inspection, and City-furnished 18 PROJECT equipment, shall meet OCTA Comprehensive Transportation Funding Program (CTFP) 19 Guidelines. 20 9. LA HABRA shall maintain coordination with AGENCIES for construction of the PROJECT. 21 10. LA HABRA specifically shall coordinate construction activity for the PROJECT within 22 AGENCIES and provide a schedule of the construction activity for the PROJECT within AGENCIES that is 23 acceptable to AGENCIES. In the event of planned street closures, LA HABRA shall provide prior notice to, 24 and receive approval from, the responsible AGENCY, prior to the execution of the street closure. 25 11. LA HABRA shall require AGENCIES and its officers and employees to be named as additional 26 insured on the construction contractors’ liability insurance policies. 27 Cooperative Agreement No. 2024-1 Page 6 of 18 12. At no cost to AGENCIES, LA HABRA shall be responsible for coordinating the construction 1 and/or installation of traffic control elements and other items within LA HABRA’s jurisdiction that are NOT 2 a part of the PROJECT Scope of Work but, by necessity, must be built concurrent with the PROJECT. 3 13. LA HABRA shall collect all data necessary for the analysis and optimization of traffic signal 4 timing along the PROJECT corridor. 5 14. LA HABRA shall develop new timing plans optimized for traffic signal synchronization. 6 15. LA HABRA shall provide on-site support to implement the timing plans as necessary. Timing 7 plans are subject to AGENCIES’ review and approval. 8 16. LA HABRA shall provide the new timing plans developed for the PROJECT and all relevant data 9 required for the signal timing analysis to AGENCIES upon request. 10 17. At the conclusion of the Primary Implementation Phase “PI PHASE” of the PROJECT, LA 11 HABRA shall submit all necessary documentation required by OCTA for the reimbursement of all PROJECT 12 eligible expenses of the PI Phase 13 18. Upon OCTA’s review and approval of the PROJECT eligible expenses of the PI Phase, LA 14 HABRA shall invoice the AGENCIES for their respective 20% local matches. 15 19. At the conclusion of the Ongoing Operation and Maintenance Phase “O&M PHASE” of the 16 PROJECT, LA HABRA shall submit all necessary documentation required by OCTA for the reimbursement 17 of all PROJECT eligible expenses of the O&M Phase. 18 20. Upon OCTA’s review and approval of the PROJECT eligible expenses of the O&M Phase, LA 19 HABRA shall invoice the AGENCIES for their respective 20% local matches. 20 ARTICLE 3. RESPONSIBILITIES OF AGENCIES 21 AGENCIES agree to the following responsibilities: 22 1. AGENCIES shall be responsible for providing the required documentation and funding 23 commitments for project implementation on the STATE portions of the PROJECT within AGENCIES’ 24 respective geographical jurisdictions. 25 2. AGENCIES shall remit to LA HABRA within thirty (30) calendar days of receipt of acceptable 26 invoices for the PI PHASE and the O&M PHASE, the PROJECT matching funds as required by the OCTA 27 Cooperative Agreement No. 2024-1 Page 7 of 18 Comprehensive Transportation Funding Programs. Individual AGENCIES’ PROJECT cost allocations and 1 the corresponding local agency matches per OCTA’s approved grant are summarized below. 2 3 4 a. FULLERTON’s portion of the PROJECT cost is approximately One Million, Five Hundred 5 Sixty-One Thousand, Three Hundred and Fifty-Six Dollars ($1,561,356) with a corresponding 6 20% local agency match of up to Three Hundred Twelve Thousand, Two Hundred and Seventy-7 One Dollars ($ 312,271) including in-kind services. 8 b. ANAHEIM’s portion of the PROJECT cost is approximately One Million, One Hundred Fifty-9 One Thousand, One Hundred and Forty-Eight Dollars ($1,151,148) with a corresponding 20% 10 local agency match of up to Two Hundred Thirty Thousand, Two Hundred and Thirty Dollars 11 ($230,230) including in-kind services. 12 c. GARDEN GROVE’s portion of the PROJECT cost is approximately One Million, Four 13 Hundred Thirty-One Thousand, Eight Hundred and Eighty-Three Dollars ($1,431,883) with a 14 corresponding 20% local agency match of up to Two Hundred Eighty-Six Thousand, Three 15 Hundred and Seventy-Seven Dollars ($286,377) including in-kind services. 16 d. SANTA ANA’s portion of the PROJECT cost is approximately Five Hundred Sixty-Nine 17 Thousand, One Hundred and Thirty-Four Dollars (569,134) with a corresponding 20% local 18 PI O&M PI O&M LaHabra $584,307.42 $33,000.00 $116,861.48 $6,600.00 Fullerton $1,496,555.76 $64,800.00 $299,311.15 $12,960.00 Anaheim $1,070,747.72 $80,400.00 $214,149.54 $16,080.00 Garden Grove $1,369,482.92 $62,400.00 $273,896.58 $12,480.00 Santa Ana $543,334.10 $25,800.00 $108,666.82 $5,160.00 Fountain Valley $814,038.09 $56,400.00 $162,807.62 $11,280.00 Subtotal:$5,878,466.00 $322,800.00 $1,175,693.20 $64,560.00 Total:$6,201,266.00 $1,240,253.20 Euclid Street Corridor Project Cost Summary Agency Project Cost Local Agency In-Kind Match (@ 20%) Cooperative Agreement No. 2024-1 Page 8 of 18 agency match of up to One Hundred Thirteen Thousand, Eight Hundred and Twenty-Seven 1 Dollars ($113,827) including in-kind services. 2 e. FOUNTAIN VALLEY’s portion of the PROJECT cost is approximately Eight Hundred 3 Seventy Thousand, Four Hundred and Thirty-Eight Dollars ($870,438) with a corresponding 4 20% local agency match of up to One Hundred Seventy-Four Thousand and Eighty-Seven 5 Dollars ($174,087) including in-kind services. 6 Documentation of AGENCIES’ in-kind services, such as administrative services, design and construction- 7 related services including equipment procurement and inspection, shall meet OCTA CTFP Guidelines. 8 3. AGENCIES agree to implement the PROJECT based on the approved match funds above and 9 agree that final amount and corresponding match may vary and will be based on the 20% of actual cost of 10 implementing all timing, improvements, and maintenance, as identified in the PROJECT. 11 4. AGENCIES agree that unused PROJECT funds from one PARTY may be used by another 12 PARTY upon mutual written agreement of PARTIES. Receiving PARTY shall be responsible for the local 13 match of the additional PROJECT funds used. 14 5. At no cost to LA HABRA, AGENCIES shall provide LA HABRA with current intersection, local 15 field master and/or central system timing plans and related data no later than thirty (30) calendar days 16 subsequent to the execution of this AGREEMENT, and updates as they occur within seven (7) calendar days 17 of the event. 18 6. At no cost to LA HABRA, AGENCIES shall provide to LA HABRA appropriate documents to 19 utilize in the design and construction of infrastructure required to implement the desired coordinated and 20 synchronized system and operations no later than thirty (30) calendar days subsequent to the execution of 21 this AGREEMENT, and updates as they occur within seven (7) calendar days of the update. 22 7. AGENCIES shall waive all costs and fees related to any and all required encroachment and 23 inspection permits required by AGENCY for the construction phase of the PROJECT. 24 8. At no cost to LA HABRA, FULLERTON’s Construction Inspectors shall oversee all construction 25 work done in FULLERTON’s jurisdiction. 26 9. At no cost to LA HABRA, ANAHEIM’s Construction Inspectors shall oversee all construction 27 Cooperative Agreement No. 2024-1 Page 9 of 18 work done in ANAHEIM’s jurisdiction. 1 10. At no cost to LA HABRA, SANTA ANA’s Construction Inspectors shall oversee all construction 2 work done in SANTA ANA’s jurisdiction. 3 11. At no cost to LA HABRA, GARDEN GROVE’s Construction Inspectors shall oversee all 4 construction work done in GARDEN GROVE’s jurisdiction. 5 12. At no cost to LA HABRA, FOUNTAIN VALLEY’s Construction Inspectors shall oversee all 6 construction work done in FOUNTAIN VALLEY’s jurisdiction. 7 13. At no cost to LA HABRA, AGENCY shall be responsible for coordinating the construction and/or 8 installation of traffic control elements and other items within AGENCIES’ jurisdiction that are NOT a part 9 of the PROJECT Scope of Work but, by necessity, must be built concurrent with the PROJECT. 10 14. In the event of an unanticipated cost overrun, LA HABRA shall meet with AGENCIES to 11 resolve the cost overrun. Should the PARTIES be unable to come to a resolution of the cost overrun, the 12 AGREEMENT will terminate. 13 ARTICLE 4. MUTUAL RESPONSIBILITIES OF THE PARTIES 14 The PARTIES agree to the following mutual responsibilities: 15 1. The PARTIES are responsible for the review, implementation and maintenance of the timing for 16 the corridor offset intersections as defined in the RECITALS. 17 2. The PARTIES shall cooperate and coordinate their staff, contractors and consultants, in providing 18 the services and responsibilities required under this AGREEMENT to the extent practicable with respect to 19 the performance of the PROJECT. 20 3. The PARTIES agree to work together in good faith, using reasonable efforts to resolve any 21 unforeseen issues and disputes arising out of the performance of this AGREEMENT. 22 4. The PARTIES shall be responsible for obtaining the required additional STATE permits for 23 additional STATE requested improvements that are NOT a part of the PROJECT Scope of Work on the 24 STATE portions of PROJECT within their respective geographic jurisdictions. 25 5. This AGREEMENT may only be modified or amended upon written agreement of all PARTIES. 26 All modifications, amendments, changes and revisions of this AGREEMENT in whole or in part, and from 27 Cooperative Agreement No. 2024-1 Page 10 of 18 time to time, shall be binding upon the PARTIES, so long as the same shall be in writing and executed by 1 the PARTIES. No waiver of any term or conditions of this AGREEMENT shall be a continuing waiver 2 thereof. 3 6. Applicable Laws and Regulations: This AGREEMENT shall be governed by all applicable federal, 4 state and local laws and regulations. The PARTIES warrant that in the performance of this AGREEMENT, 5 each shall comply with all applicable federal, state and local laws, statutes and ordinances and all lawful 6 orders, rules and regulations promulgated there under. 7 7. Indemnitees: To the maximum extent permitted by law, each PARTY agrees to defend, indemnify 8 and hold harmless the other PARTIES, their officers, agents, elected officials and employees from all 9 liability, claims, losses and demands, including defense costs and reasonable attorneys’ fees, whether 10 resulting from court action or otherwise, to the extent arising out of the actual or alleged negligent acts or 11 omissions of, or violation of any statute or regulation by the defending PARTY, or any of its officers, agents, 12 or employees, in the performance of this AGREEMENT. When negligent acts or omissions of one PARTY 13 are directed by another PARTY, the PARTY directing the negligent acts or omissions shall owe this defense 14 and indemnity obligation to the PARTY following the directions. The provisions of this paragraph shall 15 survive the termination of this AGREEMENT. Notwithstanding, this AGREEMENT shall not be interpreted 16 to create any joint and several liability or any joint powers or joint venture between the PARTIES. 17 LA HABRA shall defend, indemnify and hold the AGENCIES free and harmless from any claim or liability 18 arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19 8. Force Majeure: Each PARTY shall be excused from performing its obligations under this 20 AGREEMENT during the time and to the extent that it is prevented from performing by an unforeseeable 21 cause beyond its control, including but not limited to: any incidence of fire; flood; acts of God; 22 commandeering of material, products, plants or facilities by federal, state or local government; national fuel 23 shortage; labor strike or materials shortage provided satisfactory evidence of such cause is presented to the 24 other PARTIES, and provided further such nonperformance is unforeseeable, beyond the reasonable control 25 and not due to the fault or negligence of the PARTY not performing. 26 9. Any notice sent by first class mail, postage paid, to the address and addressee, shall be deemed to 27 Cooperative Agreement No. 2024-1 Page 11 of 18 have been received three (3) business days after deposit in the U.S. Mail. The representatives of the 1 PARTIES who are primarily responsible for the administration of this AGREEMENT, and to whom notices, 2 demands and communications shall be given are as follows: 3 4 City of La Habra – LEAD AGENCY City of Fullerton 5 110 E. La Habra Boulevard 303 W. Commonwealth Avenue 6 La Habra, CA 90631 Fullerton, CA 92832 7 Attn: Michael Plotnik, P.E., T.E. Attn: Jeffrey Chinchilla, P.E. 8 Traffic Manager Associate Engineer - Traffic 9 (562) 383-4162 (714) 738-6899 10 mplotnik@lahabraca.gov jeffrey.chinchilla@cityoffullerton.com 11 12 City of Anaheim City of Garden Grove 13 201 S. Anaheim Boulevard, Suite 502 11222 Acacia Parkway 14 Anaheim, CA 92805 Garden Grove, CA 92840 15 Attn: John Thai, E.E., T.E. Attn: Dai Vu, T.E. 16 Principal Traffic Engineer City Traffic Engineer 17 (714) 765-5294 (714) 741-5189 18 jthai@anaheim.net daiv@ggcity.org 19 20 City of Santa Ana City of Fountain Valley 21 20 Civic Center Plaza 10200 Slater Ave 22 Santa Ana, CA 92701 Fountain Valley, CA 92708 23 Attn: Cesar Rodriguez, P.E., T.E. Attn: Temo Galvez, P.E. 24 Senior Civil Engineer Deputy Public Works Director / City Engineer 25 (714) 647-5626 (714) 593-4517 26 crodriguez5@santa-ana.org temo.galvez@fountainvalley.org 27 Cooperative Agreement No. 2024-1 Page 12 of 18 10. This AGREEMENT shall continue in full force and effect through December 31, 2028, unless 1 terminated earlier by LA HABRA or AGENCIES. This AGREEMENT may be terminated by any AGENCY 2 providing the PARTIES with not less than thirty (30) day prior written notice. The terminating AGENCY is 3 fully responsible for paying their respective pro rata share of all costs and expenses incurred prior to delivery 4 of its notice of termination and all costs and damages relating to its termination. In the event of termination 5 without cause, and subject to any other reimbursement obligations of the PARTIES, if any, created by this 6 AGREEMENT or law, the PARTIES shall each be entitled to a pro rata refund of its share of costs expended 7 as to funds remaining, if any, after payment has been made for labor and/or materials actually provided in 8 the course of work performed pursuant to this AGREEMENT. 9 11.The terms of this AGREEMENT may only be extended upon written agreement by the10 PARTIES. 11 / 12 / 13 / 14 / 15 / 16 / 17 / 18 / 19 / 20 / 21 / 22 / 23 / 24 / 25 / 26 / 27 Cooperative Agreement No. 2024-1 Page 13 of 18 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 1 be executed on the date first above written. 2 3 CITY OF LA HABRA 4 5 By: 6 Daren Nigsarian 7 Mayor 8 9 10 ATTEST: 11 12 By: 13 Rhonda J. Barone, CMC 14 City Clerk 15 16 17 APPROVED AS TO FORM: 18 19 By: 20 Richard D. Jones 21 City Attorney 22 / 23 / 24 / 25 / 26 /27 Cooperative Agreement No. 2024-1 Page 14 of 18 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 1 be executed on the date first above written. 2 3 CITY OF FULLERTON 4 5 By: 6 Eric Levitt 7 City Manager 8 9 10 ATTEST: 11 12 By: 13 Lucinda Williams, MMC 14 City Clerk 15 16 17 APPROVED AS TO FORM: 18 19 By: 20 Betsy Martyn 21 City Attorney 22 / 23 / 24 / 25 / 26 / 27 Cooperative Agreement No. 2024-1 Page 15 of 18 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 1 be executed on the date first above written. 2 3 CITY OF ANAHEIM 4 5 By: 6 7 Mayor of the City of Anaheim 8 9 10 ATTEST: 11 12 By: 13 14 City Clerk of the City of Anaheim 15 16 17 APPROVED AS TO FORM: 18 19 By: 20 21 City Attorney of the City of Anaheim 22 / 23 / 24 / 25 / 26 / 27 Cooperative Agreement No. 2024-1 Page 16 of 18 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 1 be executed on the date first above written. 2 3 CITY OF GARDEN GROVE 4 5 By: 6 Lisa L. Kim 7 City Manager 8 9 10 ATTEST: 11 12 By: 13 Teresa Pomeroy, CMC 14 City Clerk 15 16 17 APPROVED AS TO FORM: 18 19 By: 20 Omar Sandoval 21 City Attorney 22 / 23 / 24 / 25 / 26 / 27 Cooperative Agreement No. 2024-1 Page 17 of 18 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 1 be executed on the date first above written. 2 3 CITY OF SANTA ANA 4 5 By: 6 Tom Hatch 7 Interim City Manager 8 9 ATTEST: 10 11 By: 12 Jennifer L. Hall 13 City Clerk 14 15 APPROVED AS TO FORM: 16 17 By: 18 19 Jonathan T. Martinez Assistant City Attorney 20 21 RECOMMENDED FOR APPROVAL 22 23 By: 24 Nabil Saba, PE 25 Executive Director 26 Public Works Agency 27 Cooperative Agreement No. 2024-1 Page 18 of 18 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 1 be executed on the date first above written. 2 3 CITY OF FOUNTAIN VALLEY 4 5 By: 6 Glenn Grandis 7 Mayor 8 9 10 ATTEST: 11 12 By: 13 Rick Miller 14 City Clerk 15 16 17 APPROVED AS TO FORM: 18 19 By: 20 Colin Burns 21 City Attorney 22 / 23 / 24 / 25 / 26 / 27