HomeMy WebLinkAbout06 - TravelTip Cooperative Agreement AmendmentMarch 13, 2001
CITY COUNCIL AGENDA
ITEM NO. 6
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: AMENDMENT NO. 1 TO THE TRAVELTIP PROGRAM COOPERATIVE
AGREEMENT NO. C -0 -0170 BETWEEN THE ORANGE COUNTY
TRANSPORTATION AUTHORITY AND THE CITY OF NEWPORT BEACH
RECOMMENDATIONS:
Approve Amendment No. 1 to the TravelTip Program Cooperative Agreement No. C -0 -0170
between the Orange County Transportation Authority (OCTA) and the City of Newport
Beach.
2. Authorize the Mayor and the City Clerk to execute Amendment No. 1 to the Agreement.
DISCUSSION:
On April 25, 2000, the City Council approved Cooperative Agreement No. C -0 -0170 between
the OCTA and the City of Newport Beach. This Agreement outlines the responsibilities of
OCTA and the City with regard to the TravelTip Program, which is a countywide traveler
information program. A remote workstation computer has been installed in the Public Works
Department by OCTA for the City's use in entering up -to -date traffic conditions as a part of the
TravelTip Program. OCTA is continuing with their installation of TravelTip equipment, and the
connection to the City's traffic signal master computer controller.
The Cooperative Agreement No. C -0 -0170 stated that all work associated with the installation of
the TravelTip equipment would be completed by February 1, 2001. Amendment No. 1 to the
Cooperative Agreement revises the section referring to a completion date, and simply states
that the Agreement will continue in full force and effect unless mutually terminated.
Resp fully sub ' ted,
7
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By.. /�z
Antony Brine, P.E.
Transportation Engineer
Attachments: Cooperative Agreement
Amendment No. 1
AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C -0 -0170
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF NEWPORT BEACH
THIS AMENDMENT NO. 1 is made and entered into this day of 2001
by and between the Orange County Transportation Authority, a public corporation of the state of
California (hereinafter referred to as "AUTHORITY ") and the City of Newport Beach, a municipal
corporation in the State of California (hereinafter referred to as "CITY ").
WITNESSETH:
WHEREAS, by Cooperative Agreement C -0 -0170 dated May 19, 2000, AUTHORITY is the
lead agency in the development of a county wide multimodal advanced traveler information system
(ATIS), (hereinafter known as "TraveITIP "); and
WHEREAS, AUTHORITY has completed development of the TraveITIP system which
requires a connection to the city's traffic signal master controller system as a means of collecting
arterial traffic information as identified in attachments A, B, and C of original Agreement; and
WHEREAS, CITY agrees to continue to provide AUTHORITY access to the city's traffic signal
master controller system in support of TraveITIP;
NOW, THEREFORE, it is mutually understood and agreed that the Agreement No. C -0 -0170
between the AUTHORITY and CITY is hereby amended in the following particulars only:
Amend Article 3. MUTUAL AGREEMENTS, Page 3 of 5, paragraph A, to delete paragraph A
in its entirety and in lieu thereof insert the following:
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Page 1 of 2
AMENDMENT NO. 1 TO
AGREEMENT NO. C -0 -0170
ARTICLE 3. MUTUAL AGREEMENTS
It is mutually understood by the parties hereto that:
A. This agreement shall commence upon execution by both parties and continue
in full force and effect unless earlier terminated as provided elsewhere in this agreement.
The balance of said Agreement remains unchanged.
Upon execution by both parties, this Amendment No. 1 shall be made effective on
February 1, 2001.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to
Agreement No. C -0 -0170 to be executed on the date first above written.
CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY
A Municipal Corporation
By
Mayor
Date:
ATTEST:
By
City Clerk
Date:
a
Corey Creasey
Section Manager- Procurement
APPROVED AS TO FORM:
A
Kennard R. Smart, Jr.
General Counsel
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Page 2 of 2
I COOPERATIVE AGREEMENT C -0 -0170
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
a AND
5 CITY OF NEWPORT BEACH
6 THIS AGREEMENT, made and entered into this ) O day of M 2000, by
7 and between the City of Newport Beach, a California municipal corporation in the Stat alifornia,
s (hereinafter referred to as "CITY "), and the Orange County Transportation Authority, a public
9 corporation of the State of California, (hereinafter referred to as "AUTHORITY ").
10 WITNESSETH:
11 WHEREAS, AUTHORITY is the lead agency in the development of a county wide multimodal
12 Advanced Traveler Information System (ATIS), (hereinafter known as "TraveITIP "), and
13 WHEREAS, AUTHORITY currently has a TraveITIP System Integrator Consultant under
14 contract who will assist AUTHORITY in installing a connection to the CITY's Traffic Signal Master
1s Controller System as a means of collecting arterial traffic information as identified in Attachments B
16 and C hereinafter referred to as ( "PROJECT'). The TraveITIP System Integrator Consultant will be
17 responsible for TraveITIP operations & maintenance for a period of twelve (12) months from date of
18 TraveITIP system acceptance.
19 WHEREAS, AUTHORITY agrees to fund the TraveITIP connection with CITY as identified in
20 Attachments B and C at no cost to the CITY; and
21 WHEREAS, the TraveITIP connection will be constructed by and in accordance with
22 Attachments A, B and C and shall be subject to technical direction and approvals by AUTHORITY, its
23 Consultant(s), and CITY; and
24 WHEREAS, CITY and AUTHORITY desire to herein specify their respective responsibilities for
25 performance of work outlined in Attachments B and C; and
26 WHEREAS, CITY and AUTHORITY each has full authority to enter into this Agreement;
UCANIM1CLE ICAL,WOROPROCWGREEW0170.D C04/051003:52PM
Page 1 of s
AGREEMENT C -0 -0170
1 NOW, THEREFORE, it is mutually understood and agreed by both parties hereto as follows:
2 ARTICLE 1. RESPONSIBILITIES OF CITY
3 CITY agrees to the following responsibilities:
4 A. To allow AUTHORITY and its Consultant(s) access to CITY's Traffic Signal Master
s Controller in the manner directed by CITY Traffic Engineer.
6 B. To ensure that the PROJECT is constructed in accordance with Attachments B and C
7 and;
s C. To provide staff, as required to assist with the construction of PROJECT.
v D. To work with AUTHORITY and its Consultant(s) on coordination and scheduling of
to equipment installation and scheduling in accordance with Attachments B and C including ongoing
11 system operation and maintenance.
12 E. To exercise reasonable care in protecting the physical and logical connections between
13 the CITY's Traffic Signal Master Controller and TravelTlP remain intact. Equipment installed by
14 AUTHORITY may be used by CITY authorized personnel only for the intended purposes.
1s F. To advise AUTHORITY in advance of all CITY modifications of hardware and /or
16 software for the Traffic Signal Master Controller that may impact the TravelTlP System connection.
17 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY
18 AUTHORITY agrees to the following responsibilities:
19 A. To serve as lead agency for the PROJECT, as described in Attachments B & C,
20 including the initial connections and operations and maintenance.
21 B. To ensure that the PROJECT is constructed in accordance with Attachments A, B and
22 C.
23 C. To be responsible for review and input regarding preparation and processing of all
24 necessary documentation related to the installation and ongoing operations and maintenance.
25 D- To contact CITY, twenty -four (24) hours in advance to gain access to CITY's Traffic
26 Signal Master Controller System.
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Page 2 of 5
AGREEMENT C -0 -0170
1 E. To be responsible for the coordination, scheduling and costs associated with the
z performance of Work identified in Attachments A, B and C.
3 ARTICLE 3. MUTUAL AGREEMENTS
a It is mutually understood by the parties hereto that:
S A. Unless otherwise agreed upon by CITY and AUTHORITY, all work shall be completed
6 by February 1, 2001, unless earlier terminated as provided for in this Agreement.
7 B. Every notice, demand, request or other document or instrument delivered pursuant to
s this Agreement with the exception of those items noted in Attachment C, shall be in writing and shall
v be either personally delivered, sent by Federal Express or other reputable overnight courier, sent by
10 facsimile transmission with the original subsequently delivered by other means in accordance with this
11 section, or sent by certified United States Mail to the address set forth below or to such other address
12 as a party may designate from time to time.
13 TO CITY: TO AUTHORITY:
14 City of Newport Beach Orange County Transportation Authority
15 3300 Newport Boulevard 550 South Main Street
16 P.O. Box 1768 P.O. Box 14184
17 Newport Beach, CA 92658 -8915 Orange, CA 92863 -1584
18 Attn: Don Webb Attn: Kathleen Perez
19 Director of Public Works Sr. Procurement Administrator
20 Tel: ( 949 ) 644 -3311 Tel: (714) 560 -5743
21 kperez @octa.net
22 C. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors,
23 employees and agents from and against any and all claims (including attorney's fees and reasonable
24 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, damage
25 to or loss of use of property caused by the negligent acts, omissions or willful misconduct by
26 AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the
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II Page 3 of 5
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AGREEMENT C -0 -0170
I performance of this Agreement.
2 D. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors,
3 employees and agents from and against any and all claims (including attorney's fees and reasonable
4 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, damage
5 to or loss of use of property caused by the negligent acts, omissions or willful misconduct by CITY, its
6 officers, directors, employees or agents in connection with or arising out of the performance of this
7 Agreement.
s E. This Agreement may be terminated by either party upon giving sixty (60) days written
9 notice. Should CITY decide to terminate Agreement, CITY shall promptly return TravelTIP equipment
10 to AUTHORITY.
11 E This Agreement may be amended in writing at any time by the mutual consent of the
12 parties. No amendment shall have any force or effect unless executed in writing by the parties.
13 G. The persons executing this Agreement on behalf of the parties hereto warrant that they
14 are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this
15 Agreement, the parties hereto are formally bound to the provisions of this Agreement.
16 This Agreement shall be made effective upon execution by both parties.
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AGREEMENT C -0 -0170
IN WITNESS WHEREOF, the parties hereto have caused this Agreement C -0 -0170 to be
executed on the date first above written.
CITY OF NEWPORT BEACH
A Municipal Corporation
By
Ma
Date: 5//0
ATTEST:
City Clerk
Date:
-LV MmKeOCa1'wo,=Messing\dg0 -0170
ORANGE COUNTY TRANSPORTATION AUTHORITY
By
CoreyLleiosey
Section Manager-Proetment
APPROVED AS TO FORM:
By 4
Kennard R. Smart, Jr.
General Counsel
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