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HomeMy WebLinkAbout25C - AGMT - EUCLID TRAFFIC SIGNAL SYNCREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2012 CLERK OF COUNCIL USE ONLY: TITLE APPROVED COOPERATIVE AGREEMENT WITH ? As Recommended CITY OF FULLERTON FOR ? As Amended IMPLEMENTATION OF EUCLID TRAFFIC E] Ordinance on Reading El Ordinance on 2n "d Reading SIGNAL SYNCHRONIZATION (PROJECT ? Implementing Resolution 126768) NONGENERAL FUND ? Set Public Hearing For r? CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the agreement with the City of Fullerton, subject to Manager and City Attorney to implement the Project. Council to execute the attached cooperative nonsubstantive changes approved by the City Euclid Street Traffic Signal Synchronization DISCUSSION In 2006, Orange County voters approved Measure M2, which included provisions for funding the Regional Traffic Signal Synchronization Program (RTSSP) in the amount of $10 million per year. The RTSSP provides funding for projects that develop and maintain multijurisdictional traffic signal synchronization on major arterials throughout Orange County. On June 30, 2011, the Orange County Transportation Authority Board approved the local agencies' funding request for implementation of traffic signal synchronization and improvements on 66 traffic signals on Euclid Street from Talbert Avenue in Fountain Valley to La Habra Boulevard in La Habra. The local agencies participating in this project are the Cities of Fountain Valley, Santa Ana, Garden Grove, Anaheim, Fullerton, and La Habra. The Measure M2 grant approved for the project is $1,000,000, with the local agencies providing a 20 percent match of $250,000. Santa Ana's share of the match is $29,900. The City of Fullerton is the lead agency in design, construction, and management of the project. The cooperative agreement identifies the roles and responsibilities of Fullerton and all local agencies. The agreement also stipulates that Fullerton is committed to implementing the project, and will provide oversight to maintain interjurisdictional synchronization on Euclid Street during the three-year grant period. 25C-1 Cooperative Agreement with the City of Fullerton for Implementation of Synchronization of Traffic Signal Project June 18, 2012 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for the local match in the amount of $29,900 are available in the Traffic Congestion Relief HUT (accounting unit 05917663-66220). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency,/ RG:SA Exhibits: 1. Cooperative Agreement 25C-2 EXHIBIT 1 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 19j 201 21 22 23 24 25 26 27 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 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 25C-3 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 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- 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 A 25C-4 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 One 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 25C-5 Cooperative Agreement for Project No. 174-46008 1 2 3 4 5 6 7 8 9 10 it 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 25C-6 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 I 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 25C-7 Cooperative Agreement for Project No. 174-46008 1 AGENCIES and FULLERTON warrant that in the performance of this AGREEMENT, each shall comply 2 with all applicable federal, state and local laws, statutes and ordinances and all lawful orders, rules and 3 regulations promulgated there under. 4 5. Each PARTY agrees to defend, indemnify and hold harmless the other PARTIES, their officers, 5 agents, elected officials and employees from all liability, claims, losses and demands, including defense 6 costs and reasonable attorneys' fees, whether resulting from court action or otherwise, arising out of the 7 negligent acts or omissions of the defending PARTY, its officers, agents, or employees, in the performance 8 of this AGREEMENT. When negligent acts or omissions of one PARTY are directed by another PARTY, 9 the PARTY directing the negligent acts or omissions shall owe this defense and indemnity obligation to the 10 PARTY following the directions. The provisions of this paragraph shall survive the termination of this 11 AGREEMENT. 12 6. Each PARTY shall be excused from performing its obligations under this AGREEMENT during 13 the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its 14 control, including but not limited to: any incidence of fire; flood; acts of God; commandeering of material, 15 products, plants or facilities by federal, state or local government; national fuel shortage; or a material act 16 of omission by any PARTY; when satisfactory evidence of such cause is presented to the other PARTIES, 17 and provided further such nonperformance is unforeseeable, beyond the control and is not due to the fault 18 or negligence of the PARTY not performing. 19 7. Any notice sent by first class mail, postage paid, to the address and addressee, shall be deemed 20 to have been given when in the ordinary course it would be delivered. The representatives of the PARTIES 21 who are primarily responsible for the administration of this AGREEMENT, and to whom notices, demands 22 and communications shall be given are as follows: 23 / 24 / 25 / 26 / 27 / Page 6 of 13 25C-8 Cooperative Agreement for Project No. 174-46008 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 25C-9 Cooperative Agreement for Project No. 174-46008 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement for Project No. 174-46008 to be executed on the date first above written. CITY OF FULLERTON By: Sharon Quirk-Silva Mayor ATTEST: By: Lucinda Williams Date City Clerk APPROVED AS TO FORM: By: Richard Jones City Attorney Page 8 of 13 25C-10 Cooperative Agreement for Project No. 174-46008 1 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 By: Don Hannah City Manager ATTEST: By: Tamara D. Mason, MMC City Clerk APPROVED AS TO FORM: By: Richard D. Jones City Attorney Page 9 of 13 25C-11 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 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: Linda Andal City Clerk APPROVED AS TO FORM: CRISTINA L. TALLEY, CITY ATTORNEY By Bryn M. Morley, Deputy City Attorney Page 10 of 13 25C-12 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 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: William Dalton Mayor ATTEST: By: Kathleen Bailor City Clerk APPROVED AS TO FORM: By Thomas F. Nixon City Attorney Page 11 of 13 25C-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 SANTA ANA By: 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 25C-14 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 FOUNTAIN VALLEY By: John Collins Mayor ATTEST: By: Kathy Heard Deputy City Clerk APPROVED AS TO FORM: By: Allan Burns City Attorney Page 13 of 13 25C-15 25C-16