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HomeMy WebLinkAbout12 - Cooperative Agreement for the Coast Highway Regional Traffic Signal Synchronization Project (17T12)12-1 NEWPORT BEACH City Council Staff Report COUNCIL STAFF REPORT CITY OF April 12, 2016 Agenda Item No. 12 ABSTRACT: City Staff have been successful in securing competitive Measure M2 funds to improve traffic flow along Pacific Coast Highway through the installation of traffic signal equipment, backbone communication links and synchronization of the traffic signals. The project will be completed in cooperation with the State of California (Caltrans) and led by the Orange County Transportation Authority (OCTA). Pursuant to grant guidelines, a cooperative agreement between the City and OCTA is required. RECOMMENDATION: Approve Cooperative Agreement No. C-5-3588 between OCTA and the City of Newport Beach for the Coast Highway Regional Traffic Signal Synchronization Project (TSSP). FUNDING REQUIREMENTS: The entire project is estimated to cost approximately $2,250,000. The City was awarded approximately $1,800,000 in Measure M2 competitive funds, which will also require a City funding match of approximately $450,000 (20 percent of the total project cost). The proposed FY 16/17 Capital Improvement Program (if approved) includes sufficient funding for the City’s required grant match on this project. It will be expensed to the Capital Improvement Program budget in the Public Works Department, 17T12- Construct-121-unassigned. TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY:Brad Sommers, Senior Civil Engineer, bsommers@newportbeachca.gov PHONE:949-644-3326 TITLE:Approve a Cooperative Agreement with the Orange County Transportation Authority for the Coast Highway Regional Traffic Signal Synchronization Project (17T12) Approve a Cooperative Agreement with the Orange County Transportation Authority for the Coast Highway Regional Traffic Signal Synchronization Project (17T12) April 12, 2016 Page 2 12-2 DISCUSSION: Through the Measure M2 Regional Traffic Signal Synchronization Program, OCTA is working county-wide to enhance traffic signal coordination and reduce travel time delays by funding synchronization projects for multi-jurisdictional traffic signal corridors. Under this program, City staff applied for funding to improve traffic flow along Pacific Coast Highway within both the City and State owned segments through the installation of traffic signal equipment, backbone communication links and the synchronization of traffic signals. Project eligibility requires a cooperative agreement with OCTA. The proposed project will enhance traffic signal coordination at 27 traffic signals (13 City and 14 State) (Attachment A) along the nine mile Coast Highway corridor within the City limits. The proposed work includes the following improvements: Install traffic signal equipment to replace items that were not updated as part of the City’s prior Traffic Signal Modernization Project; Install new Fiber Optic communication cable and conduit; Install closed circuit television (CCTV) cameras on Coast Highway at Superior Avenue-Balboa Boulevard, Riverside Avenue, and Dover Drive-Bayshore Drive; Install a Dynamic Messaging sign east of Newport Coast Drive to provide traffic information for City inbound traffic; Update traffic signal timing and coordination plans; and Maintain traffic signal timing and detection for two years after project completion. This work will be performed by the design engineer and is funded through the grant as an eligibility requirement. These upgrades are consistent with the City’s Traffic Signal Modernization Master Plan and are consistent with the Pacific Coast Highway Corridor Study. As this project involves regional coordination between multiple jurisdictions, it was agreed by the involved parties that OCTA would be the lead on the project with oversight by the City and cooperation by Caltrans. The City applied for the grant and will provide funds for the required 20 percent match for work within Caltrans right-of-way since the State of California is not eligible for Measure M2 funding. Additionally as this project also involves the City funding work within State right-of-way, staff reviewed the scope and cost and determined this cost to the City is overly offset by the significant benefits to City, residents, and visitors. These expected project benefits are: Approve a Cooperative Agreement with the Orange County Transportation Authority for the Coast Highway Regional Traffic Signal Synchronization Project (17T12) April 12, 2016 Page 3 12-3 Reduced travelling delay by implementing the first bi-jurisdictional traffic signal time and coordination update along Coast Highway; Improved reliability of the system and reduction of traffic signal outages by installation of new equipment; Improved traffic management through installation of CCTV cameras and a dynamic messaging capabilities; Improved communication between City Facilities via fiber optic communication line connecting East and West Newport; and Provides infrastructure for future Intelligent Traffic System (ITS) improvements Design and implementation is planned to begin during the 16/17 fiscal year. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A – Location Map Attachment B – Cooperative Agreement No. C-5-3588 with OCTA Coast Highway Traffic Signal Synchronization Project Location Map CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 04/12/2016 NOT TO SCALE 12-4 m OCTA BOARD OF DIRECTORS LoriDonchak Chair Michael Hennessey Vice Chair Lisa A Barllett Director Andrew Do Director Sieve Jones Director Jim Katapodis Director Jeflrey iailoway Director Gary A. Miller Director A! Murray Director Shawn Nelson Director Miguel Pulido Director Tim Shaw Director Todd Spitzer Director Michelle Steel Director Frank Ury Director Gregory T. Wintsrixtttom Directry Ryan Chamberlain Ex-Oilido Member CHIEF EXECUTIVE OFFICE \ Darren Johnson Chief Executive Oflicer January 28, 2016 Brad Sommers Senior Civil Engineer City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658-8915 SUBJECT: OCTA'S COOPERATIVE AGREEMENT NO. C-5-3588 Dear Mr. Sommers: Enclosed is one original of the above mentioned subject for review and signature. Please execute the original where indicated, in blue ink and return. Please send the executed document to: Venita Anderson Senior Contract Administrator - Capital Projects OCTA 550 South Main Street P.O. Box 14184 Orange, CA. 92863-1584 Should you have any contractual related questions, please feel free to contact Venita Anderson at (714) 560-5427 or by e-mail at vanderson@octa.net. Sincerely, "Maria Ewing Senior Office Specialist Contract Administration and Materials Management Enclosure(s) Orange County Transportation Authority 550 South Main Street / P. 0. Box 14184 / Orange / Calihrnia 92863-1584 / (714) 560-OCTA (6282) 12-5 COOPERATIVE AGREEMENT NO. 0-5-3588 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF NEWPORT BEACH FOR COAST HIGHWAY REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT THIS COOPERATIVE AGREEMENT (Agreement), Is effective this day of , 201 , 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" or "Party") and the City of Newport Beach, 100 Civic Center Drive, P.O. Box 1768, Newport Beach, Califomia 92660, a California municipal corporation and charter city (hereinafter referred to as "PARTICIPATING AGENCY" or "Party") collectively known as "Parties". RECITALS: WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCY 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 (Project P) to enhance countywide traffic flow and reduce congestion; and WHEREAS, the AUTHORITY has completed the competitive 2015 Call for Projects (hereinafter, "2015 CALL") in support of Project P and awarded Project P funds based on the application (hereinafter, "APPLICATION") prepared by the City of Newport Beach (hereinafter referred to as the "APPLICANT AGENCY") for implementation of signal synchronization of traffic signals along Coast Highway (hereinafter, "PROJECT); and WHEREAS, the PARTICIPATING AGENCY in their approved APPLICATION has elected to designate the AUTHORITY and the AUTHORITY agrees to act as the implementing agency to carry out PROJECT; and Page 1 of 11 12-6 COOPERATIVE AGREEMENT NO. 0-5-3588 COAST HIGHWAY - RTSSP WHEREAS, the PROJECT will include approximately twenty seven (27) 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 traffic controller units, traffic telematics and intertie systems. Advanced Transportation Management Systems (ATMS), 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 AGENCY 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 are the sole responsibility of the AGENCY owning each and any of those OTHER ELEMENTS during the course of the project; and WHEREAS, based on APPLICATION, the AUTHORITY agrees to implement the PROJECT; and WHEREAS, the PARTICIPATING AGENCY, per the M2 Ordinance, agrees to provide PROJECT funding in a combined cash and in-kind sen/ices match of Four Hundred Forty Nine Thousand Eight Hundred Three Dollars ($449,803.00), as shown in Attachment A, or equivalent to twenty percent (20%) of PROJECT cost; and WHEREAS, the AUTHORITY and the PARTICIPATING AGENCY 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 AGENCY for the implementation of the PROJECT; and / I Page 2 of 11 12-7 COOPERATIVE AGREEMENT NO. 0-5-3588 COAST HIGHWAY - RTSSP WHEREAS, the Orange County Transportation Authority Board of Directors approved funding for the PROJECT and authorized the Chief Executive Officer to negotiate and execute this cooperative agreement on April 27,2015; and WHEREAS, the City of Newport Beach's City Council approved this Agreement on the day of , 20 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the PARTICIPATING AGENCY 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 AGENCY 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 AGENCY'S 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 AGENCY'S 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 AGENCY'S 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 AGENCY's 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 Page 3 of 11 12-8 COOPERATIVE AGREEMENT NO. 0-5-3588 COAST HIGHWAY - RTSSP AGENCY except when specifically confirmed in writing by an authorized representative of PARTICIPATING AGENCY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. 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 AGENCY agree 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 in order 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 Califomia 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 the 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 / Page 4 of 11 12-9 1 2 4 5 6 7 8 11 12 13 14 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-5-3588 COAST HIGHWAY - RTSSP the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCY must reimburse and retum the amount of funding used to perform the ineligible activity to AUTHORITY. ^ G. AUTHORITY shall invoice the PARTICIPATING AGENCY as identified in APPLICATION and Attachment A for the dollar cash match at the start of the PROJECT or at a mutually agreed upon time to facilitate any respective AGENCY funding timeframes. H. AUTHORITY shall request updates on 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 OCfundTrAcker until completion of the three-year grant period. ^ Documents to Ije 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 the APPLICATION. ^® B. To coordinate outreach with PARTICIPATING AGENCY for PROJECT. C. To collect all data necessary to provide new optimized timing plans including, but not ^ ^ limited to, manual intersection all movement counts, and 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 AGENCY. 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 AGENCY in draft and final formats for review and comment. AGENCY comments shall Page 5 of 11 12-10 COOPERATIVE AGREEMENT NO. 0-5-^588 COAST HIGHWAY - RTSSP 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 AGENCY PARTICIPATING AGENCY agrees 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, local field master, and/or ATMS timing plans and 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 included 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 AGENCY that has 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. G. PARTICIPATING AGENCY that has included an in-kind services match as identified in Attachment A shall provide documentation of conformance as part of the semi-annual review process. H. To waive all fees associated with any local agency permits that may be required of the consultant, subconsultants, and/or service or equipment providers in the performance of the PROJECT. / / Page 6 of 11 12-11 COOPERATIVE AGREEMENT NO. 0-5-3588 COAST HIGHWAY - RTSSP I. PARTICIPATING AGENCY 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, payroii records, contracts, and purchase orders. J. PARTICIPATING AGENCY shall, if specified in APPLICATION, continue ongoing monitoring 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 AGENCY in the implementation of this Agreement are delegated to it's 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 AGENCY shall maintain a compiete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING AGENCY shall permit the authorized representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCY for a period of five (5) years after final payment, or until any on-going audit is completed. For purposes of audit, the date of completion of this Agreement shall be the date of AUTHORITY'S payment of OCTA Consultant's final billing (so noted on the invoice) under this Agreement. 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 AGENCY'S contractor. ARTICLE 8. INDEMNIFICATION A. To the fullest extent permitted by law, PARTICIPATING AGENCY shall defend (at PARTICIPATING AGENCY'S sole cost and expense with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits. Page 7 of 11 12-12 COOPERATIVE AGREEMENT NO. 0-5-3588 COAST HIGHWAY - RTSSP 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 AGENCY'S 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 AGENCY, its 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 AGENCY), indemnify, protect, and hold harmless PARTICIPATING AGENCY, City Council, boards and commissions, its officers, directors, employees, volunteers, 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 AGENCY, 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 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 shali be in full force and effect through 20 , 8. Amendment: This Agreement may be extended or amended in writing at any time by the mutual consent of the PARTICIPATING AGENCY and AUTHORITY. No amendment shall have any force or effect unless executed in writing by the PARTICIPATING AGENCY and AUTHORITY. Page 8 of 11 12-13 COOPERATIVE AGREEMENT NO. C-S-3588 COAST HIGHWAY - RTSSP C. Termination: in the event either Party defaults in the performance of their respective obligations under this Agreement or breaches any of the provisions of this Agreement, the non-defaulting Party 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 day prior written notice of its intent to terminate for convenience to the other Party. E. AUTHORITY and PARTICIPATING AGENCY 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 Authoritv: AUTHORITY and PARTICIPATING AGENCY hereto consent that they are authorized to execute this Agreement on behalf of said Party and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. G. Severabilitv: 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 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. H. Counteroarts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shail be deemed an originai and aii of which together shall constitute the same agreement. Facsimile signatures shali be permitted. i. Force Maieure: 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 materiai, 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 / Page 9 of 11 12-14 COOPERATIVE AGREEMENT NO. C-5-3588 COAST HIGHWAY - RTSSP is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the ^uit or negligence of the Party not performing. J. 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 be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. K. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govem this Agreement. L. 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. M. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed as follows: To NEWPORT BEACH:To AUTHORITY: City of Newport Beach Orange County Transportation Authority 1 GO Civic Center Drive P.O. Box 1768 Newport Beach, OA 92658-8915 550 South Main Street P. 0. Box 14184 Orange, CA 92863-1584 Attention: Brad Sommers Senior Civil Engineer Tel: (949) 644-3326 Email: bsommers(S>.newDortbeachca.gov Attention: Venita Anderson Senior Contract Administrator Tel: (714) 560-5427 E-mail: vandersonrSiocta.net Page 10 of 11 12-15 COOPERATIVE AGREEMENT NO. C-5-3588 COAST HIGHWAY - RTSSP This Agreement shall be made effective upon execution by both Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-5-3588 to be executed on the date first written above. CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY By:. Diane B. Dixon Mayor By:, Darreil Johnson Chief Executive Officer ATTEST:APPROVED AS TO FORM: By: Leilani I Brown City Clerk By:, James M. Donich General Counsel APPROVED AS TO FORM Approval Recommended: By: Aaron C. Harp o^-li'/it/ City Attorney By:, Kia Mortazavi Executive Director, Planning Dated:71m U to Dated: Page 11 of 11 12-16 COOPERATIVE AGREEMENT NO. C-5-3588 COAST HIGHWAY - RTSSP ATTACHMENT A DETAILED LOCAL MATCH COMMITMENT SECTION 1: AGENCY TOTAL MATCH SUMMARY AGENCY CASH IN-KIND TOTAL MATCH City of Newport Beach $449,803 $0 $449,803 TOTAL $449,803 n n n $0 ^ ,$449,^03 SECTION 2: MATCH BREAKDOWN (CASH VS IN-KIND SERVICES) A. Cash Match ^ FUNDING SpUI^I:AMOUNTpPC^rfCQNTraBUTIpN^ City of Newport Beach TBD $449,803 TOTAL $449,803 8. In-Kind Services /. Specific improvements (List items and Cost): " A Improvement Dateof > ? . Construction Expenditure '. N/A $ TOTAL a. Sta^ng Commitment: AGENCY STAFF POSlfiON^TYPE OF SERVICE TO PROJECT ^ NO. OF HOURS FULLY BURDENED HOURLY RATE TOTAL* N/A TOTAL IN-KIND MATCH*: Total amount is the required paiddpation by the identified agency. The number hours and hourly rate wiii be based on each agenc/s actual fully burdened bWing rates, which must collectively equal the same value of the assigned TotaT dollars. Each agency wBI be responsible for keeping detailed records of hours worked and description of work. An accounting record of personnel, hours at fully burdened rate Is expected to be included with the final submittsi. Records wiH be sutject to Page A-1 12-17