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-2-2634 Between Orange County Transportation Authority and Cities of Dana Point, Laguna Niguel, and • Laguna Hills for Moulton Parkway Regional Traffic Signal Synchronization Program Project
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Cooperative Agreement No. C-2-2634 between Orange County Transportation Authority and Cities of Dana Point, Laguna Niguel, and Laguna Hills for Moulton 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 Moulton Parkway/Golden Lantern from Glenwood Drive to Pacific Coast Highway. This regional corridor is approximately 10 miles long and spans three agencies: City of Dana Point, City of Laguna Niguel, and City of Laguna Hills. The project includes a total of 34 traffic signals, 19 of which are located within Laguna Niguel (Attachment "A").
The project will reduce travel time for the nearly 43,000 vehicles that traverse Moulton Parkway/Golden Lantern within Laguna Niguel on a daily basis. The project includes
updated signal timing plans along Moulton Parkway/Golden Lantern, new traffic signal cabinets, additional hardware at several intersections, closed-circuit television (CCTV) cameras, and new fiber optic communications that connect to the future Traffic Management Center (TMC) at City Hall.
Moulton Parkway/Golden Lantern is identified as a project corridor in OCTA's adopted Traffic Signal Synchronization Master Plan and the City's adopted Local Signal Synchronization Plan. Moulton Parkway/Golden Lantern was last retimed five years ago, in 2017. The signal timing 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 Crown Valley Parkway, 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-2-2634 (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
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 $2,000,000. The City's required 20% match is approximately $400,000, 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-2-2634 between Orange County Transportation Authority and Cities of Dana Point, Laguna Niguel, and Laguna Hills for Moulton Parkway Regional Traffic Signal Synchronization Program
2. Authorize the Mayor and City Clerk to execute the agreement; and,
3. Authorize the City Manager to execute future amendments to the agreement.
Jamara S Aptonseau ChiiF: Newager
Tamara S. Letourneau Christopher F. Neumeyer
City Manager City Attorney
Katya
lacki Scott Kathy Nguyen
Public Works Director/City Engineer Engineering Services Manager HiMartin
Harrison Martin
Senior Civil Engineer
Attachments:
A. Vicinity Map
B. Cooperative Agreement No. C-2-2634
ATTACHMENT A
Vicinity Map
Legend
= Moulton Pkwy
Golden Lantern
• Project Intersections (19) Moulton Pkwy
-Aliso Creek Rd
Cabot Rd
Alicia Pkwy La Paz Rd
Crown-
Marina Hills:Dr=
Pacific Island DEl
Niguel Rd Golden Lantern
N ln tnn (97 inn/tulanonaniofa renolnidainim
Camino Del Avion
Moulton Pkwy / Golden Lantern RTSSP
Vicinity Map
ATTACHMENT B
Cooperative Agreement No. C-2-2634
1 COOPERATIVE AGREEMENT NO. C-2-2634
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITIES OF DANA POINT, LAGUNA HILLS, AND LAGUNA NIGUEL 6 FOR
7 MOULTON PARKWAY REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM PROJECT 8 THIS COOPERATIVE AGREEMENT (Agreement), is effective this day of 9 2022, 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 Dana Point, Laguna Hills, and Laguna 12 Niguel (hereinafter referred to as "PARTICIPATING AGENCIES") each individually known as "Party" and 13 collectively known as "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 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 2022 Call for Projects 20 (hereinafter, "2022 CALL") in support of Project P and awarded Project P funds based on the application 21 (hereinafter, "APPLICATION") prepared by the City of Laguna Niguel (hereinafter referred to as the 22 "APPLICANT AGENCY") for the implementation of signal synchronization of traffic signals along Moulton 23 Parkway between the intersections of Glenwood Drive located in the City of Laguna Hills and Pacific 24 Coast Highway located in the City of Dana Point (hereinafter, "PROJECT"); and 25 26
COOPERATIVE AGREEMENT NO. C-2-2634
MOULTON 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-four (34) traffic signalized 5 intersections along the main corridor and twenty-six (26) offset signalized intersections from the main 6 corridor as 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 25 paid by the PROJECT with written approval by AUTHORITY, which may result in additional dollar 26 match; and
COOPERATIVE AGREEMENT NO. C-2-2634
MOULTON 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 Hills's City Council approved this Agreement on the _ _day 17 of. , 20 _; and
18 WHEREAS, the City of Laguna Niguel's City Council approved this Agreement on the. _day 19 of_ _, 20
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 terms) 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
COOPERATIVE AGREEMENT NO. C-2-2634
MOULTON PARKWAY RTSSP PROJECT
1 condition of this Agreement shall not affect the validity of other terms) 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 terms) 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 terms) 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 terms) 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 Parties agree that each will cooperate 21 and coordinate with the other in all activities covered by this Agreement and any other supplemental 22 agreements that may be required to facilitate purposes thereof. 23 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
24 AUTHORITY agrees to the following responsibilities for funding of the PROJECT:
25 26
COOPERATIVE AGREEMENT NO. C-2-2634
MOULTON PARKWAY RTSSP PROJECT
1 A. AUTHORITY shall implement the PROJECT based on the intent of the usage in the 2 APPLICATION, prepared by the APPLICANT AGENCY in accordance with the policies and procedures 3 contained in the Comprehensive Transportation Funding Program (CTFP) Guidelines. 4 B. AUTHORITY shall provide oversight to maintain inter-jurisdictional traffic signal 5 operational integrity between PROJECT and other similar type projects not older than three (3) years. 6 AUTHORITY shall provide formats, templates, and guidance in reporting requirements as 7 described in the CTFP Guidelines.
8 AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of 9 PROJECT, may perform a technical and/or field review to ensure that the CTFP Guidelines, policies, and 10 procedures were followed. Such a review may be performed one hundred and eighty (180) days after the 11 PROJECT three-year grant period is complete. If the technical and or field review determines that any of 12 the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must reimburse 13 and return the amount of funding used to perform the ineligible activity to AUTHORITY. 14 E. AUTHORITY shall invoice the PARTICIPATING AGENCIES for twenty percent (20%) of 15 actual costs at the end of the Primary Implementation phase or at a mutually agreed upon time to 16 facilitate any respective Party funding timeframes. The estimated match per the APPLICATION is 17 outlined in Attachment A.
18 F. AUTHORITY shall request updates for the PROJECT as part of the semi-annual review 19 process, including documentation of cash match conforming to Attachment A and will include the 20 PROJECT in the list of active projects in OFundTracker until completion of the three-year grant period. 21 Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders. 22 ARTICLE 4. RESPONSIBILITIES OF THE AUTHORITY AS PROJECT LEAD AGENCY 23 The AUTHORITY, as the LEAD AGENCY, agrees to the following responsibilities for the 24 implementation of the PROJECT:
25 26
COOPERATIVE AGREEMENT NO. C-2-2634
MOULTON PARKWAY RTSSP PROJECT
1 AUTHORITY, or agents of the AUTHORITY, shall manage, procure, implement, and complete all aspects 2 of the PROJECT as identified in the APPLICATION, including filing all documentation necessary to 3 comply with the California Environmental Quality Act (CEQA) regulations for the PROJECT. 4 A. AUTHORITY, or agents of the AUTHORITY, shall coordinate outreach with 5 PARTICIPATING AGENCIES for the PROJECT.
AUTHORITY, or agents of the AUTHORITY, shall collect all data necessary to provide 7 new optimized timing plans including, but not limited to, manual or video all movement counts at each 8 PROJECT signalized intersection, and a mutually agreed upon number and location of twenty-four (24) 9 hour / seven (7) day automated machine traffic counts with vehicle classification. 10 D. AUTHORITY, or agents of the AUTHORITY, shall develop and implement new timing 11 plans optimized for signal synchronization.
12 AUTHORITY, or agents of the AUTHORITY, shall provide updated timing plans for all 13 control systems and all relevant data used to develop said plans to the PARTICIPATING AGENCIES. 14 F. AUTHORITY, or agents of the AUTHORITY, shall prepare a "Primary Implementation 15 Report" and "Operations and Maintenance Report" for the PROJECT as described in the Measure M2 16 Eligibility Guidelines and CTFP Guidelines adopted by the AUTHORITY. The AUTHORITY shall provide 17 the reports to the PARTICIPATING AGENCIES in draft and final formats for review and comment. 18 AGENCY comments shall be noted in the final study. If specified in the APPLICATION, AUTHORITY, or 19 agents of the AUTHORITY, shall provide a "Before and After Study" video of a representative portion of 20 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 the PROJECT:
24 A. PARTICIPATING AGENCIES shall provide a technical representative to meet and 25 participate as a member of the PROJECT's Traffic Forum. 26
COOPERATIVE AGREEMENT NO. C-2-2634
MOULTON PARKWAY RTSSP PROJECT
1 B. PARTICIPATING AGENCIES shall authorize the AUTHORITY to manage, procure, 2 and implement all aspects of the PROJECT.
3 C. PARTICIPATING AGENCIES shall participate and support the PROJECT 4 implementation within the timeframe outlined in the APPLICATION and consistent with the CTFP 5 Guidelines adopted by the AUTHORITY.
6 •D. PARTICIPATING AGENCIES shall provide AUTHORITY, or agents of the AUTHORITY, all current intersection as-built drawings, all current intersections controller assembly 8 plans as provided by the manufacturer and modified by Party since original installation, local field 9 master, local controller, and Advanced Traffic Management System timing plans and other ITS related 10 data upon request.
11 E. PARTICIPATING AGENCIES shall each provide the AUTHORITY a dollar match, 12 totaling at least twenty percent (20%) of actual PROJECT costs. The APPLICATION estimated this 13 amount to be Six Hundred Sixty-Two Thousand, Nine Hundred Thirteen Dollars ($662,913) as shown 14 in Attachment A. PARTICIPATING AGENCIES shall work with AUTHORITY to address and mitigate 15 budget impacts. Failure to provide local dollar match may result in the ineligibility of future participation 16 in competitive funding opportunities.
17 F. PARTICIPATING AGENCIES shall provide payment for the dollar match to 18 AUTHORITY within thirty (30) calendar days of receipt of an invoice. 19 G. PARTICIPATING AGENCIES that have included an in-kind services match, as 20 identified in Attachment A, shall provide documentation of conformance as part of the semi-annual 21 review process or as requested by the AUTHORITY, or agents of the AUTHORITY. 22 H. PARTICIPATING AGENCIES shall waive all fees associated with any local agency 23 permits that may be required of the consultant, subconsultants, and/or service or equipment providers 24 in the performance of the PROJECT.
25 PARTICIPATING AGENCIES shall provide updates on PROJECT to AUTHORITY, or 26 agents of the AUTHORITY, as part of semi-annual review process until completion of the three-year
COOPERATIVE AGREEMENT NO. C-2-2634
MOULTON PARKWAY RTSSP PROJECT
1 PROJECT grant period. Documents to be provided include, but are not limited to, payroll records, 2 contracts, and purchase orders.
3 J. PARTICIPATING AGENCIES shall, if specified in APPLICATION, continue Operations 4 and Maintenance after the three-year grant period is complete and continue until the end of the 5 PROJECT per additional maintenance of effort in APPLICATION. 6 ARTICLE 6. DELEGATED AUTHORITY
7 The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this 8 Agreement are delegated to their respective City Manager, or designee, and the actions required to be 9 taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief 10 Executive Officer or designee.
11 ARTICLE 7. AUDIT AND INSPECTION
12 AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in 13 accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING 14 AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work, 15 materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a 16 period of five (5) years after final payment, final closeout, or until any on-going audit is completed, 17 whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of 18 AUTHORITY's payment of consultant's final billing (so noted on the paid invoice) under this Agreement.
AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above 20 provision with respect to audits shall extend to and/or be included in contracts with PARTICIPATING 21 AGENCIES' contractor.
22 ARTICLE 8. INDEMNIFICATION
23 A. To the fullest extent permitted by law, PARTICIPATING AGENCIES shall defend 24 (at PARTICIPATING AGENCIES' sole cost and expense with legal counsel reasonably acceptable to 25 AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, and its officers, directors, employees, 26 and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits,
COOPERATIVE AGREEMENT NO. C-2-2634
MOULTON PARKWAY RTSSP PROJECT
1 claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, 2 penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not 3 limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCIES' employees 4 included), for damage to property, including property owned by AUTHORITY, or from any violation of any 5 federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful 6 misconduct of PARTICIPATING AGENCIES, its officers, directors, employees or agents in connection 7 with or arising out of the performance of this Agreement. 8 B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole 9 cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES), indemnify, 10 protect, and hold harmless PARTICIPATING AGENCIES, including their officers, directors, employees, 11 and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, 12 claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, 13 penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not 14 limited to Claims arising from injuries to or death of persons (AUTHORITY's employees included), for 15 damage to property, including property owned by PARTICIPATING AGENCIES, or from any violation of 16 any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or 17 willful misconduct of AUTHORITY, its officers, directors, employees or agents in connection with or arising 18 out of the performance of this Agreement.
19 C. The indemnification and defense obligations of this Agreement shall survive its expiration 20 or termination.
21 ARTICLE 9. ADDITIONAL PROVISIONS
22 A. Term of Agreement: This Agreement shall be in full force and effect through 23 December 31, 2027.
24 B. Amendment: This Agreement may be extended or amended in writing at any time by the 25 mutual consent of all Parties and AUTHORITY. No amendment shall have any force or effect unless 26 executed in writing by all Parties and AUTHORITY.
COOPERATIVE AGREEMENT NO. C-2-2634
MOULTON PARKWAY RTSSP PROJECT
1 C. Termination: In the event any Party defaults in the performance of their respective 2 obligations under this Agreement or breaches any of the provisions of this Agreement, a non-defaulting 3 Party(s) shall have the option to terminate this Agreement upon thirty (30) calendar days prior written 4 notice to the Party in default.
5 D. Termination for Convenience: Any Party may terminate this Agreement for its 6 convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for 7 convenience to the other Party.
8 E. AUTHORITY and Parties shall comply with all applicable federal, state, and local laws, 9 statues, ordinances, and regulations of any governmental authority having jurisdiction over the 10 PROJECT.
11 F. Legal Authority: AUTHORITY and Parties hereto consent that they are authorized to 12 execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties 13 hereto are formally bound to the provisions of this Agreement. 14 G. Severability: If any term, provision, covenant or condition of this Agreement is held to be 15 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the 16 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or 17 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
H. Counterparts of Agreement: This Agreement may be executed and delivered in any 19 number of counterparts, each of which, when executed and delivered shall be deemed an original and all 20 of which together shall constitute the same agreement. Facsimile signatures shall be permitted. 21 1. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or 22 authority hereunder may be assigned in whole or in part by any Parties without the prior written consent 23 of the other Parties in its sole and absolute discretion. Any such attempt of assignment shall be deemed 24 void and of no force and effect. Consent to one assignment shall not be deemed consent to any 25 subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. 26
COOPERATIVE AGREEMENT NO. C-2-2634
MOULTON PARKWAY RTSSP PROJECT
1 Governing Law: The laws of the State of California and applicable local and federal laws, 2 regulations, and guidelines shall govern this Agreement. 3 K. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, 4 the court shall award costs and expenses, including attorney's fees, to the prevailing Party. 5 L. Notices: Any notices, requests, or demands made between the Parties pursuant to this 6 Agreement are to be directed as follows:
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COOPERATIVE AGREEMENT NO. C-2-2634
MOULTON PARKWAY RTSSP PROJECT
1 To LAGUNA NIGUEL: To AUTHORITY:
2 City of Laguna Niguel Orange County Transportation Authority 3 30111 Moulton 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] E-mail: [email protected] 10 To DANA POINT: To LAGUNA HILLS:
11 City of Laguna Hills
City of Dana Point
12 200 Civic Center
33282 Golden Lantern
13 Dana Point, CA 92629 Laguna Hills, CA 92691
14 Attention: Matt Sinacori Attention: Amber Shah
15 Public Works Director / City Engineer Interim Public Services Director / City Engineer 16 Tel: (949) 248-3574 Tel: (949) 707-2657
17 Email: [email protected] Email: [email protected] 18 CC: Alicia Yang
19 OCTA Project Manager
20 Tel: (714) 560-5362
21 [email protected]
22 23
24 25
26
COOPERATIVE AGREEMENT NO. C-2-2634
MOULTON PARKWAY RTSSP PROJECT
1 M. Force Maieure: 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; 5 national fuel shortage; or a material act or omission by the other Party, when satisfactory evidence 6 of such cause is presented to the other Party, and provided further that such nonperformance is 7 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not 8 performing.
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25 26
COOPERATIVE AGREEMENT NO. C-2-2634
MOULTON PARKWAY RTSSP PROJECT
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-2-2634 to 3 be executed as of the date of the last signature below.
CITY OF LAGUNA NIGUEL ORANGE COUNTY TRANSPORTATION AUTHORITY 4 5 By: By:
Elaine Gennawey Darrell E. Johnson
6 Mayor Chief Executive Officer
8 Dated: Dated:
9 ATTEST: APPROVED AS TO FORM:
10 By: _ By: _
12 Marissa J. Asistin James M. Donich
City Clerk General Counsel
13 14 Dated: Dated:
15 16 APPROVED AS TO FORM: APPROVAL RECOMMENDED:
17 By: By:
18 Christopher F. Neumeyer Kia Mortazavi
City Attorney Executive Director, Planning
19 20
Dated: Dated:
21 •23
LRZA
25 26
COOPERATIVE AGREEMENT NO. C-2-2634
MOULTON PARKWAY RTSSP PROJECT
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-2-2634 to be executed as of the date of the last signature below. 3 CITY OF DANA POINT
4 5
6 By:
Michael A. Killebrew
7 City Manager
8 Dated:_
9 10 APPROVED AS TO FORM:
11 12 By:
Patrick Muñoz
13 City Attorney
14 15 Dated:
16 17
18 19
20 21
22 23
24 25
26
COOPERATIVE AGREEMENT NO. C-2-2634
MOULTON PARKWAY RTSSP PROJECT
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-2-2634 to 3 be executed as of the date of the last signature below. 4 CITY OF LAGUNA HILLS
5 6 By: _
David Wheeler
7 Mayor
8 Dated:
10 ATTEST:
11 12 By:
Melissa Au-Yeung
13 City Clerk
14 Dated:
15 APPROVED AS TO FORM:
16 17
By:
18 Gregory E. Simonian
City Attorney
19 20
Dated:
21 22
23 24
25 26
COOPERATIVE AGREEMENT NO. C-2-2634
MOULTON PARKWAY - RTSSP
ATTACHMENT A
ESTIMATED LOCAL MATCH COMMITMENT
TOTAL CASH MATCH FUNDING
AGENCY SOURCE
PI 0 & M
$ 159,938.00 $ 10,200.00
City of Dana Point General Fund
$ 170,138.00
$ 102,379.00 $ 7,200.00
City of Laguna Hills General Fund
$ 109,579.00
$ 364,596.00 $ 18,600.00
City of Laguna Niguel General Fund
$ 383,196.00
$ 626,913.00 $ 36,000.00
TOTAL MATCH
$662,913.00*
*This is an estimate based on the approved application and final allocation. The final amount will be determined based on actual expenditures. There is no in-kind match on this project. Cash Match is NOT allowed to be converted to in-kind match.
PI = PRIMARY IMPLENTATION O&M = ONGOING MONITORING & MAINTENANCE Page A - 1