HomeMy WebLinkAbout07 - CC-6 - Red Hill Ave Regional Traffic Signal - 11/19/2019Attachment 2
CITY COUNCIL AGENDA REPORT
MEETING DATE: NOVEMBER 19, 2019 ITEM NUMBER: CC-6
SUBJECT: RED HILL AVENUE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION
PROJECT
DATE: OCTOBER 21, 2019
FROM: PUBLIC SERVICES DEPARTMENT - TRANSPORTATION SERVICES
DIVISION
PRESENTATION
BY:
RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION
CONTACT:
JENNIFER ROSALES, TRANSPORTATION
SERVICES MANAGER, (714) 754-5343
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve the Cooperative Agreement No. C-9-1421 between the Orange County
Transportation Authority, and the Cities of Costa Mesa, Irvine, and Tustin for the
Red Hill Avenue Regional Traffic Signal Synchronization Project; and
2. Authorize the Mayor and City Clerk to execute the Cooperative Agreement
(Attachment 1) and authorize City Manager and City Clerk to execute future
amendments to the agreement.
BACKGROUND:
In November 1990, Orange County voters approved Measure “M”, a 20-year, half-cent
local sales tax to fund transportation improvements countywide. All major transportation
improvement projects and programs included in the original Measure “M” have been
completed. The City of Costa Mesa successfully secured approximately $80 million in
revenues under the Measure “M” Comprehensive Transportation Funding Program
(CTFP).
In November 2006, the Orange County voters passed the Renewed Measure “M” Program
(M2), extending the half-cent sales tax for the next 30 years, beginning in the year 2011.
Revenues from this extended sales tax are proposed to fund a wide range of
improvements in Orange County, including freeway, arterial, and transit systems. In
September 2011, the OCTA Board of Directors approved guidelines for the CTFP and
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subsequently authorized the annual “Call for Projects” under the “M2” Program.The
“2019 Call for Projects” was issued for the Regional Traffic Signal Synchronization
Program (RTSSP) or Project “P” in 2018. The Cities of Costa Mesa, Irvine and Tustin,
identified the Red Hill Avenue corridor as a potential project. Due to the number of
intersections and length of the corridor, the City of Irvine took the lead in applying for the
Red Hill Avenue Regional Traffic Signal Synchronization Project, and will administer the
project. On September 5, 2018, the City Council adopted a resolution approving the
submittal of the Red Hill Avenue Traffic Signal Synchronization Project under OCTA’s
CTFP for Fiscal Years 2018-19 through 2020-21 (Attachment 2).
In June 2019, OCTA approved the grant funding request for the Red Hill Regional
Traffic Signal Synchronization Project totaling $264,320 for engineering and
implementation of traffic signal equipment and timing improvements on the Red Hill
Avenue corridor in the City of Costa Mesa. The City of Costa Mesa’s match requirement
is $66,080, for a total project cost for Costa Mesa’s jurisdiction of $330,400.
ANALYSIS:
The Red Hill Regional Traffic Signal Synchronization project will result in a
comprehensive review of traffic signal coordination spanning the Cities of Tustin, Irvine,
and Costa Mesa on the Red Hill Avenue Corridor. The City of Costa Mesa will have the
final approval authority for implementation of any timing plans developed as part of the
project within the City’s jurisdiction. The project will replace traffic signal controllers at all
signalized intersections along Red Hill Avenue, in addition to installing traffic signal
communication upgrades. The project includes the preparation of detailed “before and
after” studies to document efficiencies achieved with proposed timing changes.
As the Red Hill Avenue Regional Traffic Signal Synchronization project is a joint project
between OCTA and the Cities of Costa Mesa, Irvine, and Tustin, there is a need for a
Cooperative Agreement to define the roles and responsibilities. The Cities of Irvine and
Tustin will provide the required match share of the project cost for the improvements and
implement the timing plans in their jurisdictions. Costa Mesa will provide a match share for
the improvements, and implement the timing plans in the City’s jurisdiction. Each agency is
responsible for maintenance of the improvements within their jurisdiction. The City of
Irvine will administer the project and will monitor the project in accordance with approved
funding agreements.
Staff recommends City Council approval of the Cooperative Agreement to enable the
implementation of the Red Hill Avenue Regional Traffic Signal Synchronization Project
along the Red Hill Avenue Corridor with the term of the Agreement through December 31,
2024.
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ALTERNATIVES CONSIDERED:
One alternative would be not to approve the Cooperative Agreement. However, this
alternative would result in the elimination of Costa Mesa intersections for consideration of
traffic signal synchronization improvements. This would also result in the loss of
approximately $300,000 in traffic signal equipment and timing upgrades within the City.
FISCAL REVIEW:
The Redhill Avenue Traffic Signal Synchronization project is included in the FY 2019-20
Adopted Capital Improvement Program Budget with $264,320 in Measure M2 grant funds
and a required 20% grant match by the City of $66,080 in Traffic Impact Fee funds, for a
total project cost of $330,400.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report and the attached agreement and
approves them as to form.
CITY COUNCIL GOALS & PRIORITIES:
This project supports City Council Goal 5: Improve Mobility and Parking. This project
will reduce travel times along Red Hill Avenue and improve mobility within the city.
CONCLUSION:
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Staff recommends that the City Council approve the attached Cooperative Agreement
between the Cities of Costa Mesa, Irvine, and Tustin for the implementation of the Traffic
Signal Synchronization Project on the Red Hill Avenue Corridor, and requests the City
Council’s authorization for the Mayor and City Clerk to execute the agreement and future
amendments to the agreement.
_________________________________ _________________________________
JENNIFER ROSALES RAJA SETHURAMAN
Transportation Services Manager Public Services Director
________________________________ _________________________________
KELLY A. TELFORD, CPA KIMBERLY HALL BARLOW
Director of Finance City Attorney
ATTACHMENTS:
1. Cooperative Agreement No. C-9-1421 between Orange County Transportation
Authority and Cities of Costa Mesa, Irvine, and Tustin.
2. Resolution approving the submittal of the Red Hill Avenue Traffic Signal
Synchronization Project under OCTA’s CTFP for Fiscal Years 2018-19 through
2020-21.
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COOPERATIVE AGREEMENT NO. C-9-1421
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITIES OF COSTA MESA, IRVINE, AND TUSTIN
FOR
RED HILL AVENUE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM PROJECT
THIS COOPERATIVE AGREEMENT (Agreement), is effective this _______ day of
_________________, 2019 (“Effective Date”), by and between the Orange County Transportation
Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation
of the State of California (herein referred to as “AUTHORITY”) and the cities of Costa Mesa, Irvine, and
Tustin (hereinafter referred to as “PARTICIPATING AGENCIES”) each individually known as “Party” and
collectively known as the “Parties”.
RECITALS:
WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES is working
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
countywide traffic flow and reduce congestion; and
WHEREAS, the AUTHORITY has completed the competitive 2019 Call for Projects
(hereinafter, “2019 CALL”) in support of Project P and awarded Project P funds based on the application
(hereinafter, “APPLICATION”) prepared by the City of Irvine (hereinafter referred to as the “APPLICANT
AGENCY”) for implementation of signal synchronization of traffic signals along Red Hill Avenue between
the intersections of Bryan Avenue located in the City of Tustin and Bristol Street located in the City of
Costa Mesa (hereinafter, “PROJECT”); and
/
ATTACHMENT 1
COOPERATIVE AGREEMENT NO. C-9-1421
RED HILL AVENUE – RTSSP
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WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected to
designate the AUTHORITY and the AUTHORITY agrees to act as the implementing agency to carry out
PROJECT; and
WHEREAS, the PROJECT will include approximately twenty-eight (28) traffic signalized
intersections as identified in the APPLICATION; and
WHEREAS, the PROJECT will include Intelligent Transportation System (ITS) elements
identified in the APPLICATION including certain hardware and software upgrades to intersection and
central control systems including Advanced Transportation Controller units (ATC), telematics and
interconnect systems, Advanced Transportation Management Systems (ATMS), Roadside Units
(RSU), and other associated systems (hereinafter collectively referred to as “ITS ELEMENTS”), will
be constructed and/or installed and implemented as part of the PROJECT as identified in the
APPLICATION; and
WHEREAS, the AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate
the inclusion of other ITS elements (hereinafter OTHER ELEMENTS) that should be installed at the
same time as the construction of the PROJECT and are not part of this Agreement; and
WHEREAS, all costs associated with the inclusion of these OTHER ELEMENTS, if any, are
the sole responsibility of the AGENCY owning each and any of those OTHER ELEMENTS during the
course of the project; and
WHEREAS, AUTHORITY and each respective Party acknowledge and understand that
in-house resources (staff) from Party will provide various services for PROJECT, and
WHEREAS, AUTHORITY and each respective Party acknowledge and understand that
PROJECT costs for various types of additional work required by each respective Party, by its staff, or
by policy, may not have been included in the original application and therefore costs to contractors or
consultants to comply with staff requirements are not included in the PROJECT allocation; and
COOPERATIVE AGREEMENT NO. C-9-1421
RED HILL AVENUE – RTSSP
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WHEREAS, AUTHORITY and Parties agree that these costs will be paid by PROJECT; and
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WHEREAS, Parties and each respective Party acknowledge and understand that the costs for
the additional work may be reversed by AUTHORITY’s Audit; and
WHEREAS, based on AUTHORITY’s Board of Directors approved PROJECT ALLOCATION and
APPLICATION, the AUTHORITY agrees to implement the PROJECT; and
WHEREAS, the PARTICIPATING AGENCIES per the M2 Ordinance, agree to provide
PROJECT funding in a combined cash and in-kind services match of Four Hundred Nineteen Thousand
Eighteen Dollars ($419,018.00), as shown in Attachment A, or equivalent to at least twenty percent (20%)
of PROJECT cost; and
WHEREAS, the AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this
Agreement to implement the PROJECT in support of Project P; and
WHEREAS, this Agreement defines the specific terms, conditions, and funding responsibilities
between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation of the
PROJECT; and
WHEREAS, the AUTHORITY’s Board of Directors authorized funding for the PROJECT on
June 10, 2019; and
WHEREAS, the AUTHORITY’s Board of Directors authorized this cooperative agreement on
August 12, 2019.
WHEREAS, the City of Costa Mesa’s City Council approved this Agreement on the _____ day of
___________________, 20_____.
WHEREAS, the City of Irvine’s City Council approved this Agreement on the _____ day
of ___________________, 20_____.
WHEREAS, the City of Tustin’s City Council approved this Agreement on the _____ day
of ___________________, 20_____.
COOPERATIVE AGREEMENT NO. C-9-1421
RED HILL AVENUE – RTSSP
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NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the
PARTICIPATING AGENCIES as follows:
/
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by
reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this
Agreement between AUTHORITY and PARTICIPATING AGENCIES and it supersedes all prior
representations, understandings, and communications. The invalidity in whole or in part of any term or
condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement.
The above referenced Recitals are true and correct and are incorporated by reference herein.
B. AUTHORITY’s failure to insist on any instance(s) of PARTICIPATING AGENCIES’
performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
relinquishment of AUTHORITY’s right to such performance or to future performance of such term(s) or
condition(s), and PARTICIPATING AGENCIES’ obligation in respect thereto shall continue in full force
and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when
specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written
amendment to this Agreement and issued in accordance with the provisions of this Agreement.
C. PARTICIPATING AGENCIES’ failure to insist on any instance(s) of AUTHORITY’s
performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
relinquishment of PARTICIPATING AGENCIES’ right to such performance or to future performance of
such term(s) or condition(s), and AUTHORITY’s obligation in respect thereto shall continue in full force
and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING
AGENCIES except when specifically confirmed in writing by an authorized representative of
PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in
accordance with the provisions of this Agreement.
COOPERATIVE AGREEMENT NO. C-9-1421
RED HILL AVENUE – RTSSP
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ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the Parties as they pertain to the
subjects and projects addressed herein. Both AUTHORITY and PARTICIPATING AGENCIES agree
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that each will cooperate and coordinate with the other in all activities covered by this Agreement and any
other supplemental agreements that may be required to facilitate purposes thereof.
ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
AUTHORITY agrees to the following responsibilities for funding of the PROJECT:
A. AUTHORITY shall implement the PROJECT based on the intent of the usage in the
APPLICATION prepared by the APPLICANT AGENCY in accordance with the policies and procedures
contained in the Comprehensive Transportation Funding Program (CTFP) guidelines.
B. AUTHORITY shall provide oversight to maintain inter-jurisdictional traffic signal
operational integrity between PROJECT and other similar type projects not older than three (3) years.
C. AUTHORITY will act as the LEAD AGENCY and provide and file all documentation
necessary to comply with California Environmental Quality Act (CEQA) regulations for PROJECT.
D. AUTHORITY shall perform web-based public outreach activities for the project to
communicate major project milestones and results.
E. AUTHORITY shall provide formats, templates, and guidance in reporting requirements as
described in CTFP.
F. AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of
PROJECT, may perform a technical and/or field review to ensure that the CTFP guidelines, policies, and
procedures were followed. Such a review may be performed one hundred and eighty (180) days after the
PROJECT three-year grant period is complete. If the technical and or field review determines that any of
the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must reimburse
and return the amount of funding used to perform the ineligible activity to AUTHORITY.
COOPERATIVE AGREEMENT NO. C-9-1421
RED HILL AVENUE – RTSSP
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G. AUTHORITY shall invoice the PARTICIPATING AGENCIES as identified in
APPLICATION and Attachment A for the dollar cash match at the end of the Primary Implementation
phase or at a mutually agreed upon time to facilitate any respective AGENCY funding timeframes.
H. AUTHORITY shall request updates for the PROJECT as part of semi-annual review
process, including documentation of in-kind match conforming to Attachment A and will include the
PROJECT in the list of active projects in OC Fund Tracker until completion of the three-year grant period.
Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders.
ARTICLE 4. RESPONSIBILITIES OF THE AUTHORITY AS PROJECT LEAD AGENCY
The AUTHORITY as the LEAD AGENCY agrees to the following responsibilities for the
implementation of the PROJECT:
A. AUTHORITY shall act as the LEAD AGENCY for the work necessary to manage, procure,
and complete the PROJECT as identified in APPLICATION.
B. To coordinate outreach with PARTICIPATING AGENCIES for PROJECT.
C. To collect all data necessary to provide new optimized timing plans including, but not
limited to, manual or video all movement counts at each PROJECT signalized intersection, and a mutually
agreed upon number and location of twenty-four (24) hour / seven (7) day automated machine traffic
counts with vehicle classification.
D. To develop and implement new timing plans optimized for signal synchronization.
E. To provide updated timing plans for all control systems and all relevant data used to
develop said plans to PARTICIPATING AGENCIES.
F. To prepare a “Before and After Study” for PROJECT as described in the Measure M2
Eligibility Guidelines adopted by the AUTHORITY. The “Before and After Study” for the project is
considered the equivalent of the required Project Final Report (Measure M2 Ordinance No. 3, Section
B.III.9) for PROJECT. The AUTHORITY shall provide the “Before and After Study” to the
PARTICIPATING AGENCIES in draft and final formats for review and comment.
COOPERATIVE AGREEMENT NO. C-9-1421
RED HILL AVENUE – RTSSP
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AGENCY comments shall be noted in the final study. If specified in APPLICATION, AUTHORITY shall
provide a “Before and After Study” video of a representative portion of PROJECT at up to two (2) public
meetings.
ARTICLE 5. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES
PARTICIPATING AGENCIES agree to the following responsibilities for implementation and
funding of PROJECT:
A. Provide a technical representative to meet and participate as a member of the
PROJECT’s Traffic Forum.
B. To authorize the AUTHORITY to manage, procure, and implement all aspects of
PROJECT.
C. To participate and support PROJECT implementation within the timeframe outlined in
APPLICATION and consistent with the CTFP Guidelines adopted by AUTHORITY.
D. To provide AUTHORITY all current intersection as-built drawings, all current
intersections controller assembly plans as provided by the manufacturer and modified by Party since
original installation, local field master, local controller, and ATMS timing plans and other ITS related
data upon request.
E. To provide the local cash match and/or documentation for the in-kind services match
for PROJECT in accordance with Attachment A. Failure to provide local cash match and or evidence
of in-kind services match may result in the loss of future participation for competitive funding
opportunities.
F. PARTICIPATING AGENCIES that have included a dollar match as identified in
Attachment A shall provide payment for the dollar match to AUTHORITY within thirty (30) calendar
days of receipt of an invoice.
COOPERATIVE AGREEMENT NO. C-9-1421
RED HILL AVENUE – RTSSP
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G. PARTICIPATING AGENCIES that have included an in-kind services match as identified
in Attachment A shall provide documentation of conformance as part of the semi-annual review process
or as requested by the AUTHORITY.
H. To waive all fees associated with any local agency permits that may be required of the
consultant, sub consultants, and/or service or equipment providers in the performance of the PROJECT.
I. PARTICIPATING AGENCIES shall provide updates on PROJECT to AUTHORITY as
part of semi-annual review process until completion of the three-year PROJECT grant period. Documents
to be provided include, but are not limited to, payroll records, contracts, and purchase orders.
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J. PARTICIPATING AGENCIES shall, if specified in APPLICATION, continue Ongoing
Operations and Maintenance after the three-year grant period is complete and continue until the end of
the PROJECT per additional maintenance of effort in APPLICATION.
ARTICLE 6. DELEGATED AUTHORITY
The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this
Agreement are delegated to their respective City Manager, or designee, and the actions required to be
taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY’s Chief
Executive Officer or designee.
ARTICLE 7. AUDIT AND INSPECTION
AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in
accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING
AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work,
materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a
period of five (5) years after final payment, final closeout, or until any on-going audit is completed,
whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of
AUTHORITY’s payment of consultant’s final billing (so noted on the paid invoice) under this Agreement.
COOPERATIVE AGREEMENT NO. C-9-1421
RED HILL AVENUE – RTSSP
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AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above
provision with respect to audits shall extend to and/or be included in contracts with PARTICIPATING
AGENCIES’ contractor.
ARTICLE 8. INDEMNIFICATION
A. To the fullest extent permitted by law, PARTICIPATING AGENCIES shall defend
(at PARTICIPATING AGENCIES’ sole cost and expense with legal counsel reasonably acceptable to
AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, and its officers, directors, employees,
and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits,
claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders,
penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not
limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCIES’ employees
included), for damage to property, including property owned by AUTHORITY, or from any violation of any
federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful
misconduct of PARTICIPATING AGENCIES, their officers, directors, employees or agents in connection
with or arising out of the performance of this Agreement.
B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY’s sole
cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES), indemnify,
protect, and hold harmless PARTICIPATING AGENCIES, including their officers, directors, employees,
and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits,
claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders,
penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not
limited to Claims arising from injuries to or death of persons (AUTHORITY’s employees included), for
damage to property, including property owned by PARTICIPATING AGENCIES, or from any violation of
any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or
willful misconduct of AUTHORITY, its officers, directors, employees or agents in connection with or arising
COOPERATIVE AGREEMENT NO. C-9-1421
RED HILL AVENUE – RTSSP
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out of the performance of this Agreement.
C. The indemnification and defense obligations of this Agreement shall survive its expiration
or termination.
ARTICLE 9. ADDITIONAL PROVISIONS
A. Term of Agreement: This Agreement shall be in full force and effect through
December 31, 2024.
B. Amendment: This Agreement may be extended or amended in writing at any time by the
mutual consent of all Parties and AUTHORITY. No amendment shall have any force or effect unless
executed in writing by all Parties and AUTHORITY.
C. Termination: In the event any Party defaults in the performance of their respective
obligations under this Agreement or breaches any of the provisions of this Agreement, a non-defaulting
Party(s) shall have the option to terminate this Agreement upon thirty (30) calendar days prior written
notice to the Party in default.
D. Termination for Convenience: Either Party may terminate this Agreement for its
convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for
convenience to the other Party.
E. Compliance: AUTHORITY and PARTICIPATING AGENCIES shall comply with all
applicable federal, state, and local laws, statues, ordinances and regulations of any governmental
authority having jurisdiction over the PROJECT.
F. Legal Authority: AUTHORITY and PARTICIPATING AGENCIES hereto consent that they
are authorized to execute this Agreement on behalf of said Parties and that, by so executing this
Agreement, the Parties hereto are formally bound to the provisions of this Agreement.
G. Severability: If any term, provision, covenant or condition of this Agreement is held to be
invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
COOPERATIVE AGREEMENT NO. C-9-1421
RED HILL AVENUE – RTSSP
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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
number of counterparts, each of which, when executed and delivered shall be deemed an original and all
of which together shall constitute the same agreement. Facsimile signatures shall be permitted.
I. Assignment: Neither this Agreement, nor any of the Parties’ rights, obligations, duties, or
authority hereunder may be assigned in whole or in part by either Party without the prior written consent
of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed
void and of no force and effect. Consent to one assignment shall not be deemed consent to any
subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.
J. Governing Law: The laws of the State of California and applicable local and federal laws,
regulations and guidelines shall govern this Agreement.
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K. Litigation fees: Should litigation arise out of this Agreement for the performance thereof,
the court shall award costs and expenses, including attorney’s fees, to the prevailing Party.
L. Notices: Any notices, requests, or demands made between the Parties pursuant to this
Agreement are to be directed as follows:
To COSTA MESA: To AUTHORITY:
City of Costa Mesa Orange County Transportation Authority
77 Fair Drive
Costa Mesa, CA 92626
550 South Main Street
P. O. Box 14184
Orange, CA 92863-1584
Attention: Shirjeel Muhammad
Senior Engineer
Tel: (714) 754-5298
Email: shirjeel.muhammad@costamesaca.gov
Attention: Venita Anderson
Senior Contract Administrator
Tel: (714) 560-5427
E-mail: vanderson@octa.net
COOPERATIVE AGREEMENT NO. C-9-1421
RED HILL AVENUE – RTSSP
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To IRVINE: To TUSTIN:
City of Irvine City of Tustin
1 Civic Center Plaza
Irvine, CA 92606
300 Centennial Way
Tustin, CA 92780
Attention: Mark Ha
Supervising Transportation Analyst
Tel: (949) 724-6186
Email: mha@cityofirvine.org
Attention: Krys Saldivar
Public Works Manager – Traffic/Transportation
Tel: (714) 573-3172
Email: ksaldivar@tustinca.org
M. Force Majeure: Either Party shall be excused from performing its obligations under this
Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God;
commandeering of material, products, plants or facilities by the federal, state or local government; national
fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause
is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond
the control and is not due to the fault or negligence of the Party not performing.
This Agreement shall be made effective upon execution by all Parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-9-1421 to be
executed as of the date of the last signature below.
CITY OF COSTA MESA ORANGE COUNTY TRANSPORTATION AUTHORITY
By: ___________________________ By: __________________________________
Katrina Foley Darrell E. Johnson
Mayor Chief Executive Officer
Date: _________________________ Date: _______________________________
COOPERATIVE AGREEMENT NO. C-9-1421
RED HILL AVENUE – RTSSP
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ATTEST: APPROVAL RECOMMENDED:
By: ___________________________ By: __________________________________
Brenda Green Kia Mortazavi
City Clerk Executive Director, Planning
Date: _________________________ Date: _______________________________
APPROVED AS TO FORM
By: ___________________________
Kimberly Hall Barlow
City Attorney
Date: _________________________
This Agreement shall be made effective upon execution by all Parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-9-1421 to be
executed as of the date of the last signature below.
CITY OF IRVINE
By: ___________________________
Christina L Shea
Mayor
Date: _________________________
ATTEST:
By: ___________________________
Molly M. Perry
COOPERATIVE AGREEMENT NO. C-9-1421
RED HILL AVENUE – RTSSP
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City Clerk
Date: _________________________
APPROVED AS TO FORM
By: ___________________________
Jeffrey Melching
City Attorney
Date: _________________________
This Agreement shall be made effective upon execution by all Parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-9-1421 to be
executed as of the date of the last signature below.
CITY OF TUSTIN
By: ___________________________
Charles E. Puckett
Mayor
Date: _________________________
ATTEST:
By: ___________________________
COOPERATIVE AGREEMENT NO. C-9-1421
RED HILL AVENUE – RTSSP
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City Clerk
Date: _________________________
APPROVED AS TO FORM
By: ___________________________
David E. Kendig
City Attorney
Date: _________________________