CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: November 1, 2022
SUBJECT: Approval of Cooperative Agreement No. C-2-2633 Between Orange County Transportation Authority and Cities of Dana Point, Laguna Niguel, Mission Viejo, and the County of Orange for Crown Valley Parkway Regional Traffic Signal Synchronization Program Project
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Cooperative Agreement No. C-2-2633 between Orange County Transportation Authority and Cities of Dana Point, Laguna Niguel, Mission Viejo, and the County of Orange for Crown Valley Parkway Regional Traffic Signal Synchronization Program Project;
2. Authorize the Mayor and City Clerk to execute the agreement; and,
3. Authorize the City Manager to execute future amendments to the agreement.
BACKGROUND
As part of Renewed Measure M (M2), the Orange County Transportation Authority (OCTA) is responsible for implementing traffic signal coordination projects under the Regional Traffic Signal Synchronization Program (Project P). Projects under this program improve traffic flow by providing traffic signal coordination on major corridors that cross several jurisdictions.
One of the latest projects approved by the OCTA Board of Directors is Crown Valley Parkway from Pacific Coast Highway to Antonio Parkway. This regional corridor is approximately 9.5 miles long and spans four agencies: City of Dana Point, City of Laguna Niguel, City of Mission Viejo, and the County of Orange. The project includes a total of 30 traffic signals, 15 of which are located within Laguna Niguel (Attachment "A").
The project will reduce travel time for the nearly 49,000 vehicles that traverse Crown Valley Parkway within Laguna Niguel on a daily basis. The project includes updated signal timing plans along Crown Valley Parkway, a new Traffic Management Center
(TMC) located at City Hall, new traffic signal cabinets, additional hardware at several intersections, closed-circuit television (CCTV) cameras, and new fiber optic communications. All the investment in communications infrastructure over the years through Project P has made possible the ability to connect the City's traffic signals and CCTV cameras to the City's new TMC. The TMC will allow staff to respond quickly to issues such as signals on red flash, blackouts due to power outages, or communication failures that disrupt signal synchronization along heavily traveled arterials.
Crown Valley Parkway is identified as a project corridor in OCTA's adopted Traffic Signal Synchronization Master Plan and the City's adopted Local Signal Synchronization Plan. Crown Valley Parkway was last retimed seven years ago, in 2015. The signal timing on Crown Valley Parkway needs to be adapted to changing traffic patterns due to population growth and increased traffic demand.
Historically, all participating agencies within the corridor are required to enter into an agreement with the lead agency, OCTA. These agreements have been executed in the past with other traffic signal synchronization projects including Moulton Parkway/Golden Lantern, La Paz Road, Alicia Parkway, and Aliso Creek Road. Completion of the proposed corridor improvement project supports City Council Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan.
ANALYSIS
To implement the program, OCTA is requesting that each participating jurisdiction enter into Cooperative Agreement No. C-2-2633 (Attachment "B"). This agreement describes the scope of work and responsibilities for each agency on this project. Due to OCTA contracting for the work, the City's responsibilities are generally limited to participating in the implementation process, including review of new proposed signal timing, and then continue to provide routine preventative maintenance to the traffic signal system. Staff will also spend time reviewing changes to traffic patterns, if any, in the field on an as- needed basis and responding to any concerns about the new signal timing operations.
ALTERNATIVES CONSIDERED
The City Council may decide not to approve the cooperative agreement, which will result in the City's non-participation in the project and prevent the planned traffic signal improvements from being installed. This alternative is not recommended because project funding has already been approved by the OCTA Board of Directors on May 9, 2022.
FISCAL REVIEW
OCTA covers up to 80% of the total project cost and requires a minimum local match of 20% from each agency for its portion of the project. The estimated cost for the work within Laguna Niguel is $1,675,000. The City's required 20% match is approximately $335,000, which the City Council appropriated as part of the Fiscal Year 2022-23 Budget.
LEGAL REVIEW
The City Attorney's Office has reviewed the cooperative agreement and has approved this report as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve Cooperative Agreement No. C-2-2633 between Orange County Transportation Authority and Cities of Dana Point, Laguna Niguel, Mission Viejo and the County of Orange for Crown Valley Parkway Regional Traffic Signal
2. Authorize the Mayor and City Clerk to execute the agreement; and,
3. Authorize the City Manager to execute future amendments to the agreement.
Jamas Setonsuan ChiiF. Newager
Tamara S. Letourneau Christopher F. Neumeyer
City Manager City Attorney
Seles Karan
Jacki Scott Kathy Nguyen
*Public Works Director/City Engineer Engineering Services Manager 15 Martin
Harrison Martin
Senior Civil Engineer
Attachments:
A. Vicinity Map
B. Cooperative Agreement No. C-2-2633
ATTACHMENT A
Vicinity Map
Legend
• Crown Valley Pkwy
Project Intersections (15)
Moulton Pkwy
Aliso Creek Rd
Crown Válley Pkwy
La Paz Rd
Marina His Dr
Niguel Rd Golden Lantern
/OCTARTSSP 2021 CVP ExhibitModified 10-2022 md
Camino Del Avion
Q:/GIS projects/ Crown Valley Pkwy RTSSP
Vicinity Map N
ATTACHMENT B
Cooperative Agreement No. C-2-2633
COOPERATIVE AGREEMENT NO. C-2-2633
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITIES OF DANA POINT, LAGUNA NIGUEL, MISSION VIEJO,
6 AND THE COUNTY OF ORANGE
7 FOR
8 CROWN VALLEY PARKWAY REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM
PROJECT
10 THIS COOPERATIVE AGREEMENT (Agreement), is effective this day of 11 , 2022, by and between the Orange County Transportation Authority, 550 South 12 Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of 13 California (herein referred to as "AUTHORITY") and the cities of Dana Point, Laguna Niguel, Mission 14 Viejo, and the County of Orange (hereinafter referred to as "PARTICIPATING AGENCIES") each 15 individually known as "Party" and collectively known as "Parties". 16 RECITALS:
17 WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES is working 18 together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed 19 Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP or Project P) to enhance 20 countywide traffic flow and reduce congestion; and
21 WHEREAS, the AUTHORITY has completed the competitive 2022 Call for Projects 22 (hereinafter, "2022 CALL") in support of Project P and awarded Project P funds based on the application 23 (hereinafter, "APPLICATION") prepared by the City of Laguna Niguel (hereinafter referred to as the 24 "APPLICANT AGENCY") for the implementation of signal synchronization of traffic signals along Crown 25 Valley Parkway between the intersections of Pacific Coast Highway located in the City of Dana Point and 26 Antonio Parkway located in the County of Orange (hereinafter, "PROJECT"); and
COOPERATIVE AGREEMENT NO. C-2-2633
CROWN VALLEY PARKWAY RTSSP PROJECT
1 WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected to 2 designate the AUTHORITY and the AUTHORITY agrees to act as the implementing agency to carry out 3 the PROJECT; and
4 WHEREAS, the PROJECT will include approximately thirty (30) traffic signalized intersections 5 along the main corridor and twenty (20) offset signalized intersections from the main corridor as 6 identified in the APPLICATION; and
7 WHEREAS, the PROJECT will include Intelligent Transportation System (ITS) elements as 8 identified in the APPLICATION and other associated systems (hereinafter collectively referred to as 9 "ITS ELEMENTS"), that will be constructed and/or installed and implemented as part of the PROJECT 10 as identified in the APPLICATION; and
11 WHEREAS, the AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate 12 the inclusion of other ITS ELEMENTS (hereinafter OTHER ELEMENTS) that should be installed 13 before or at the same time as the construction of the PROJECT and are not part of this Agreement; 14 and
15 WHEREAS, all costs associated with the inclusion of these OTHER ELEMENTS, if any, are 16 the sole responsibility of the Party owning each and any of those OTHER ELEMENTS; and 17 WHEREAS, AUTHORITY and each respective Party acknowledges and understands that 18 in-house resources (staff hours) from Party will provide various services for the PROJECT per the 19 APPLICATION; and
20 WHEREAS, AUTHORITY and each respective Party acknowledge and understand that 21 PROJECT costs for various types of additional work required by each respective Party may not have 22 been included in the original application and therefore those costs are not included in the PROJECT 23 allocation; and
24 WHEREAS, AUTHORITY and each respective Party agree that these additional costs will be paid by the PROJECT with written approval by AUTHORITY, which may result in additional dollar 26 match; and
COOPERATIVE AGREEMENT NO. C-2-2633
CROWN VALLEY PARKWAY RTSSP PROJECT
1 WHEREAS, Parties acknowledge and understand that the costs for the additional work may 2 be reversed by AUTHORITY's Audit; and
3 WHEREAS, based on AUTHORITY's Board of Directors approved PROJECT ALLOCATION and 4 APPLICATION, the AUTHORITY agrees to implement the PROJECT; 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 11 May 9, 2022; and
12 WHEREAS, the AUTHORITY's Board of Directors authorized this cooperative agreement on 13 August 8, 2022; and
14 WHEREAS, the City of Dana Point's City Council approved this Agreement on the _ _ day of 15 , 20 _; and
16 WHEREAS, the City of Laguna Niguel's City Council approved this Agreement on the day 17 of , 20 _; and
18 WHEREAS, the City of Mission Viejo's City Council approved this Agreement on the _day 19 of _ 20 _; and
20 WHEREAS, the County of Orange's Director of Public Works or designee, with authority 21 delegated by the County of Orange's Board of Supervisors approved this Agreement on the day of 22 - 20
23 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the 24 PARTICIPATING AGENCIES as follows:
25 26
COOPERATIVE AGREEMENT NO. C-2-2633
CROWN VALLEY PARKWAY RTSSP PROJECT
1 ARTICLE 1. COMPLETE AGREEMENT
2 A. This Agreement, including any attachments incorporated herein and made applicable by 3 reference, constitutes the complete and exclusive statement of the terms) and conditions(s) of this 4 Agreement between AUTHORITY and PARTICIPATING AGENCIES and it supersedes all prior 5 representations, understandings, and communications. The invalidity in whole or in part of any term or 6 condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. 7 The above referenced Recitals are true and correct and are incorporated by reference herein. 8 B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES' 9 performance of any terms) or condition(s) of this Agreement shall not be construed as a waiver or 10 relinquishment of AUTHORITY's right to such performance or to future performance of such terms) or 11 condition(s), and PARTICIPATING AGENCIES' obligation in respect thereto shall continue in full force 12 and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when 13 specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written 14 amendment to this Agreement and issued in accordance with the provisions of this Agreement. 15 C. PARTICIPATING AGENCIES' failure to insist on any instance(s) of AUTHORITY's 16 performance of any terms) or condition(s) of this Agreement shall not be construed as a waiver or 17 relinquishment of PARTICIPATING AGENCIES' right to such performance or to future performance of 18 such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force 19 and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING 20 AGENCIES except when specifically confirmed in writing by an authorized representative of 21 PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in 22 accordance with the provisions of this Agreement.
23 24
25 26
COOPERATIVE AGREEMENT NO. C-2-2633
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1 ARTICLE 2. SCOPE OF AGREEMENT
2 This Agreement specifies the roles and responsibilities of the Parties as they pertain to the 3 subjects and projects addressed herein. Both AUTHORITY and Parties agree that each will cooperate 4 and coordinate with the other in all activities covered by this Agreement and any other supplemental 5 agreements that may be required to facilitate purposes thereof. 6 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
7 AUTHORITY agrees to the following responsibilities for funding of the PROJECT:
8 A. AUTHORITY shall implement the PROJECT based on the intent of the usage in the 9 APPLICATION, prepared by the APPLICANT AGENCY in accordance with the policies and procedures 10 contained in the Comprehensive Transportation Funding Program (CTFP) Guidelines. 11 B. AUTHORITY shall provide oversight to maintain inter-jurisdictional traffic signal 12 operational integrity between PROJECT and other similar type projects not older than three (3) years. 13 C. AUTHORITY shall provide formats, templates, and guidance in reporting requirements as 14 described in the CTFP Guidelines.
15 D. AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of 16 PROJECT, may perform a technical and/or field review to ensure that the CTFP Guidelines, policies, and 17 procedures were followed. Such a review may be performed one hundred and eighty (180) days after the 18 PROJECT three-year grant period is complete. If the technical and or field review determines that any of 19 the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must reimburse 20 and return the amount of funding used to perform the ineligible activity to AUTHORITY. 21 E. AUTHORITY shall invoice the PARTICIPATING AGENCIES for twenty percent (20%) of 22 actual costs at the end of the Primary Implementation phase or at a mutually agreed upon time to 23 facilitate any respective Party funding timeframes. The estimated match per the APPLICATION is 24 outlined in Attachment A.
25 26
COOPERATIVE AGREEMENT NO. C-2-2633
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F. AUTHORITY shall request updates for the PROJECT as part of the semi-annual review 2 process, including documentation of in-kind match conforming to Attachment A and will include the 3 PROJECT in the list of active projects in OFundTracker until completion of the three-year grant period. 4 Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders. 5 ARTICLE 4. RESPONSIBILITIES OF THE AUTHORITY AS PROJECT LEAD AGENCY 6 The AUTHORITY, as the LEAD AGENCY, agrees to the following responsibilities for the 7 implementation of the PROJECT:
8 A. AUTHORITY, or agents of the AUTHORITY, shall manage, procure, implement, and 9 complete all aspects of the PROJECT as identified in the APPLICATION, including filing all 10 documentation necessary to comply with the California Environmental Quality Act (CEQA) regulations for 11 the PROJECT.
12 B. AUTHORITY, or agents of the AUTHORITY, shall coordinate outreach with 13 PARTICIPATING AGENCIES for the PROJECT.
14 C. AUTHORITY, or agents of the AUTHORITY, shall collect all data necessary to provide 15 new optimized timing plans including, but not limited to, manual or video all movement counts at each 16 PROJECT signalized intersection, and a mutually agreed upon number and location of twenty-four (24) 17 hour / seven (7) day automated machine traffic counts with vehicle classification. 18 D. AUTHORITY, or agents of the AUTHORITY, shall develop and implement new timing 19 plans optimized for signal synchronization.
20 E. AUTHORITY, or agents of the AUTHORITY, shall provide updated timing plans for all 21 control systems and all relevant data used to develop said plans to the PARTICIPATING AGENCIES. 22 AUTHORITY, or agents of the AUTHORITY, shall prepare a "Primary Implementation Report" and 23 "Operations and Maintenance Report" for the PROJECT as described in the Measure M2 Eligibility 24 Guidelines and CTFP Guidelines adopted by the AUTHORITY. The AUTHORITY shall provide the 25 reports to the PARTICIPATING AGENCIES in draft and final formats for review and comment. AGENCY 26 comments shall be noted in the final study. If specified in the APPLICATION, AUTHORITY, or agents of
COOPERATIVE AGREEMENT NO. C-2-2633
CROWN VALLEY PARKWAY RTSSP PROJECT
1 the AUTHORITY, shall provide a "Before and After Study" video of a representative portion of PROJECT 2 at up to two (2) public meetings.
3 ARTICLE 5. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES 4 PARTICIPATING AGENCIES agree to the following responsibilities for implementation and 5 funding of the PROJECT:
6 A. PARTICIPATING AGENCIES shall provide a technical representative to meet and 7 participate as a member of the PROJECT's Traffic Forum. 8 B. PARTICIPATING AGENCIES shall authorize the AUTHORITY to manage, procure, and implement all aspects of the PROJECT.
10 C. PARTICIPATING AGENCIES shall participate and support the PROJECT 11 implementation within the timeframe outlined in the APPLICATION and consistent with the CTFP 12 Guidelines adopted by the AUTHORITY.
13 D. PARTICIPATING AGENCIES shall provide AUTHORITY, or agents of the 14 AUTHORITY, all current intersection as-built drawings, all current intersections controller assembly 15 plans as provided by the manufacturer and modified by Party since original installation, local field 16 master, local controller, and Advanced Traffic Management System timing plans and other ITS related 17 data upon request.
18 E. PARTICIPATING AGENCIES shall each provide the AUTHORITY with a combined 19 dollar and in-kind services match, totaling at least twenty percent (20%) of actual PROJECT costs. 20 The APPLICATION estimated this amount to be Five Hundred Eighty-Seven Thousand, Three 21 Hundred Eighteen Dollars ($587,318) as shown in Attachment A. PARTICIPATING AGENCIES shall 22 work with AUTHORITY to address and mitigate budget impacts. Failure to provide local dollar match 23 and/or evidence of in-kind services match may result in the ineligibility of future participation in 24 competitive funding opportunities.
25 PARTICIPATING AGENCIES shall provide payment for the dollar match to 26 AUTHORITY within thirty (30) calendar days of receipt of an invoice.
COOPERATIVE AGREEMENT NO. C-2-2633
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1 G. PARTICIPATING AGENCIES that have included an in-kind services match, as 2 identified in Attachment A, shall provide documentation of conformance as part of the semi-annual 3 review process or as requested by the AUTHORITY, or agents of the AUTHORITY. 4 H. PARTICIPATING AGENCIES shall waive all fees associated with any local agency 5 permits that may be required of the consultant, subconsultants, and/or service or equipment providers 6 in the performance of the PROJECT.
7 I. PARTICIPATING AGENCIES shall provide updates on PROJECT to AUTHORITY, or 8 agents of the AUTHORITY, as part of semi-annual review process until completion of the three-year 9 PROJECT grant period. Documents to be provided include, but are not limited to, payroll records, 10 contracts, and purchase orders.
11 J. PARTICIPATING AGENCIES shall, if specified in APPLICATION, continue Operations 12 and Maintenance after the three-year grant period is complete and continue until the end of the 13 PROJECT per additional maintenance of effort in APPLICATION. 14 ARTICLE 6. DELEGATED AUTHORITY
15 The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this 16 Agreement are delegated to their respective City Manager, Director of Public Works, or designee, and 17 the actions required to be taken by AUTHORITY in the implementation of this Agreement are delegated 18 to AUTHORITY's Chief Executive Officer or designee.
19 ARTICLE 7. AUDIT AND INSPECTION
20 AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in 21 accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING 22 AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work, 23 materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a 24 period of five (5) years after final payment, final closeout, or until any on-going audit is completed, 25 whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of 26 AUTHORITY's payment of consultant's final billing (so noted on the paid invoice) under this Agreement.
COOPERATIVE AGREEMENT NO. C-2-2633
CROWN VALLEY PARKWAY RTSSP PROJECT
1 AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above 2 provision with respect to audits shall extend to and/or be included in contracts with PARTICIPATING 3 AGENCIES' contractor.
4 ARTICLE 8. INDEMNIFICATION
5 A. To the fullest extent permitted by law, PARTICIPATING AGENCIES shall defend 6 (at PARTICIPATING AGENCIES' sole cost and expense with legal counsel reasonably acceptable to 7 AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, and its officers, directors, employees, 8 and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, 9 claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, 10 penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not 11 limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCIES' employees 12 included), for damage to property, including property owned by AUTHORITY, or from any violation of any 13 federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful 14 misconduct of PARTICIPATING AGENCIES, its officers, directors, employees or agents in connection 15 with or arising out of the performance of this Agreement. 16 B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole 17 cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES), indemnify, 18 protect, and hold harmless PARTICIPATING AGENCIES, including their officers, directors, employees, 19 and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, 20 claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, 21 penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not 22 limited to Claims arising from injuries to or death of persons (AUTHORITY's employees included), for 23 damage to property, including property owned by PARTICIPATING AGENCIES, or from any violation of 24 any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or 25 willful misconduct of AUTHORITY, its officers, directors, employees or agents in connection with or arising 26 out of the performance of this Agreement.
COOPERATIVE AGREEMENT NO. C-2-2633
CROWN VALLEY PARKWAY RTSSP PROJECT
1 C. The indemnification and defense obligations of this Agreement shall survive its expiration 2 or termination.
3 ARTICLE 9. ADDITIONAL PROVISIONS
4 A. Term of Agreement: This Agreement shall be in full force and effect through 5 December 31, 2027.
6 B. Amendment: This Agreement may be extended or amended in writing at any time by the 7 mutual consent of all Parties and AUTHORITY. No amendment shall have any force or effect unless 8 executed in writing by all Parties and AUTHORITY.
9 Termination: In the event any Party defaults in the performance of their respective 10 obligations under this Agreement or breaches any of the provisions of this Agreement, a non-defaulting 11 Party(s) shall have the option to terminate this Agreement upon thirty (30) calendar days prior written 12 notice to the Party in default.
13 D. Termination for Convenience: Any Party may terminate this Agreement for its 14 convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for 15 convenience to the other Party.
16 AUTHORITY and Parties shall comply with all applicable federal, state, and local laws, 17 statues, ordinances, and regulations of any governmental authority having jurisdiction over the 18 PROJECT.
19 F. Legal Authority: AUTHORITY and Parties hereto consent that they are authorized to 20 execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties 21 hereto are formally bound to the provisions of this Agreement. 22 G. Severability: If any term, provision, covenant or condition of this Agreement is held to be 23 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the 24 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or 25 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 26
COOPERATIVE AGREEMENT NO. C-2-2633
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1 H. Counterparts of Agreement: This Agreement may be executed and delivered in any 2 number of counterparts, each of which, when executed and delivered shall be deemed an original and all 3 of which together shall constitute the same agreement. Facsimile signatures shall be permitted. 4 1. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or 5 authority hereunder may be assigned in whole or in part by any Parties without the prior written consent 6 of the other Parties in its sole and absolute discretion. Any such attempt of assignment shall be deemed 7 void and of no force and effect. Consent to one assignment shall not be deemed consent to any 8 subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. 9 J. Governing Law: The laws of the State of California and applicable local and federal laws, 10 regulations, and guidelines shall govern this Agreement. 11 K. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, 12 the court shall award costs and expenses, including attorney's fees, to the prevailing Party. 13 L. Notices: Any notices, requests, or demands made between the Parties pursuant to this 14 Agreement are to be directed as follows:
15 16
17 18
19 20
21 /
22 23 /
24 /
25 26
COOPERATIVE AGREEMENT NO. C-2-2633
CROWN VALLEY PARKWAY RTSSP PROJECT
1 To LAGUNA NIGUEL: To AUTHORITY:
2 City of Laguna Niguel Orange County Transportation Authority 3 30111 Crown Valley Parkway 550 South Main Street
4 Laguna Niguel, CA 92677 P. O. Box 14184
5 Orange, CA 92863-1584
6 Attention: Kathy Nguyen Attention: Michael Le
7 Engineering Services Manager Senior Contract Administrator 8 Tel: (949) 362-4341 Tel: (714) 560-5314
9 Email: [email protected] Email: [email protected] 10 To DANA POINT: To MISSION VIEJO:
11 City of Dana Point City of Mission Viejo
12 33282 Golden Lantern 200 Civic Center
13 Dana Point, CA 92629 Mission Viejo, CA 92691
14 Attention: Matt Sinacori Attention: Mario Gutierrez
15 Public Works Director / City Engineer Associate Engineer 16 Tel: (949) 248-3574 Tel: (949) 470-3068
17 Email: [email protected] Email: [email protected] 18 To COUNTY OF ORANGE:
19 County of Orange
20 601 North Ross Street
CC: Alicia Yang
21 Santa Ana, CA 92701
22 OCTA Project Manager
Attention: Rick Diaz
23 Tel: (714) 560-5362
Senior Civil Engineer
E-mail: [email protected]
24 Tel: (714) 245-4581
25 Email: [email protected]
26 /
COOPERATIVE AGREEMENT NO. C-2-2633
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1 M. Force Majeure: Any 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 or facilities by the 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 10 /
11 /
12 /
13 /
14 15 /
16 /
17 18
19 20
21 22 /
23 /
24 /
25 /
26
COOPERATIVE AGREEMENT NO. C-2-2633
CROWN VALLEY PARKWAY RTSSP PROJECT
This Agreement shall be made effective upon execution by all Parties. 2 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-2-2633 to be 3 executed as of the date of the last signature below.
4 CITY OF LAGUNA NIGUEL ORANGE COUNTY TRANSPORTATION AUTHORITY 5 6 By: By:
Elaine Gennawey Darrell E. Johnson
Mayor Chief Executive Officer
8 9 Dated: _ - Dated:
10 ATTEST: APPROVED AS TO FORM:
11 12 By:_ By:_
Marissa J. Asistin James M. Donich
13 City Clerk General Counsel
14 Dated: Dated:
15 -
16 APPROVED AS TO FORM: APPROVAL RECOMMENDED:
18 By: By:
19 Christopher F. Neumeyer Kia Mortazavi
20 City Attorney Executive Director, Planning
21 Dated: Dated:
-
,22
25 26
COOPERATIVE AGREEMENT NO. C-2-2633
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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-2-2633 to be 3 executed as of the date of the last signature below.
4 CITY OF DANA POINT
5 6 By: _
Michael A. Killebrew
7 City Manager
8 9 Dated:
10 APPROVED AS TO FORM:
11 12
By: _
13 Patrick Muñoz
14 City Attorney
15 Dated: _
16 17
18 19
20 21
22 23
24 25
26
COOPERATIVE AGREEMENT NO. C-2-2633
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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-2-2633 to be 3 executed as of the date of the last signature below.
4 CITY OF MISSION VIEJO
5 6 By:_
Wendy Bucknum
7 Mayor
8 9 Dated:
10 ATTEST:
11 12 By: _
Kimberly Schmitt
13 City Clerk
14 15 Dated:
16 APPROVED AS TO FORM:
17 18
19 By: _
William P. Curley III
20 City Attorney
21 22 Dated:
23 24
25 26
COOPERATIVE AGREEMENT NO. C-2-2633
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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-2-2633 to be 3 executed as of the date of the last signature below.
4 COUNTY OF ORANGE
5 6 By:
James Treadaway
7 Director of Public Works
8 9 Dated:
10 APPROVED AS TO FORM:
11 12
By:_
13 Deputy County Counsel
14 15
Dated:
16 17
18 19
20 21
22 23
24 25
26
COOPERATIVE AGREEMENT NO. C-2-2633
CROWN VALLEY PARKWAY - RTSSP
ATTACHMENT A
ESTIMATED LOCAL MATCH COMMITMENT
SECTION 1: AGENCY TOTAL MATCH SUMMARY
CASH MATCH IN-KIND MATCH* TOTAL MATCH
AGENCY
PI 0& M PI 0&M PI 0 & M
$58,033.80 $1,800.00 N/A N/A $58,033.80 $1,800.00
City of Dana
Point $59,833.80 N/A $59,833.80
City of Laguna $301,832.40 $18,600.00 N/A N/A $301,832.40 $18,600.00 Niguel $320,432.40 N/A $320,432.40
$151,665.60 $6,000 $29,187.00 $0.00 $180,852.60 $6,000.00 City of Mission
Viejo $157,665.60 $29,187.00 186,852.60
$16,599.20 $3,600.00 N/A N/A $16,599.20 $3,600.00
County of
Orange $20,199.20 N/A $20,199.20
$528,131.00 $30,000.00 $29,187.00 $0.00 $557,318.00 $30,000.00 TOTAL
MATCH
$558,131.00 $29,187.00 $587,318.00
*In-kind match may be converted to cash match if agency does not satisfy in-kind match commitment by the end of the respective phase. However, Cash Match is NOT allowed to be converted to in-kind match.
PI = PRIMARY IMPLEMENTATION _O&M = ONGOING MONITORING & MAINTENANCE SECTION 2: MATCH BREAKDOWN (CASH VS IN-KIND SERVICES)
A. Cash Match
AGENCY FUNDING SOURCE AMOUNT OF CASH
CONTRIBUTION
City of Dana Point General Fund $59,833.80
City of Laguna Niguel General Fund $320,432.40
City of Mission Viejo General Fund $157,665.60
County of Orange Road Fund $20,199.20
TOTAL CASH MATCH: $558,131.00
Page A - 1
COOPERATIVE AGREEMENT NO. C-2-2633
CROWN VALLEY PARKWAY - RTSSP
ATTACHMENT A
B. In-Kind Services
i. Specific Improvements (List items and Cost):
AGENCY IMPROVEMENT DATE OF CONSTRUCTION EXPENDITURE
N/A
TOTAL FOR SPECIFIC IMPROVEMENTS (i): N/A
il. Staffing Commitment:
FULLY
AGENCY STAFF POSITION TYPE OF SERVICE TO NO. OF BURDENED TOTAL**
PROJECT HOURS HOURLY
RATE
Project Administration,
Traffic Engineer Signal Timing & Design 86.97 $100 $ 8,697.00 Project Administration,
Transportation Signal Timing, Design 92 $70 $ 6,440.00
Analyst Review, Implementation &
Operations
Public Works Project Inspection 69 $90 $ 6,210.00
Inspector
City of
Mission Viejo Signal Timing, Design
Traffic Systems Review, Implementation & 24 $ 120 $2,880.00 Specialist (HCI) Operations
Information Review of Fiber Design
Technology Plans, Meeting 30 $100 $3,000.00
Manager Participation and System
Information Review of Fiber Design
Plans, Meeting 28 $70 $1,960.00
Technology Participation and System
Specialist Integration
Total for City of Mission Viejo: $ 29,187.00
TOTAL FOR STAFFING COMMITMENT (ii): $ 29,187.00
TOTAL IN-KIND MATCH (i + ii): $29,187.00
**Total amount is the required participation by the identified agency. The number of hours and hourly rate will be based on Page A - 2