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Home My WebLink AboutC-8452-1 - Cooperative Agreement for General Traffic Signal Synchronization, District Agreement No. 12-74512 -ORA -1 -PM 12.55-21.27 EA: 926092, ID: 1217000025 District Agreement No. 12-745 COOPERATIVE AGREEMENT (General Traffic Signal Synchronization) THIS AGREEMENT, ENTERED INTO EFFECTIVE ON NtArC� JC7 , 2017, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", the CITY OF NEWPORT BEACH body politic and municipal corporation of the State of California, referred to herein as "CITY", together, the 'PARTIES." RECITALS 1. STATE and CITY, collectively referred to as PARTIES, pursuant to Streets and Highways Code Sections 114 and 130, are authorized to enter into a cooperative agreement for improvements to State Highways within CITY. 2. Measure M2 Regional Traffic Signal Synchronization Program (RTSSP) of Orange County targets over 2,000 signalized intersections across the County to maintain traffic signal synchronization, improve traffic flow, and reduce congestion across jurisdictions. 3. STATE and CITY desire to implement signal synchronization at fourteen (14) state -operated intersections along Pacific Coast Highway (SR -1) to enhance traffic flow and reduce congestions at those intersections between CITY streets and State Highway System (SHS). 4. STATE and CITY are committed to implementing multi jurisdictional signal synchronization to enhance countywide traffic flow and reducing congestion in relation to the State Highway System (SHS). 5. CITY has received separate funding from Orange County Transportation Authority (OCTA) for Regional Traffic Signal Synchronization along the Pacific Coast Highway corridor within City limits. 6. CITY desires STATE to implement traffic signal controllers, coordinated signal timing, and other work elements as detailed in the attached SCOPE SUMMARY referred to herein as "IMPROVEMENTS" at the following locations identified in Exhibit A attached to and made a part of this Agreement by reference and referred to hereinafter as "INTERSECTIONS": a. Pacific Coast Highway / Orange Street b. Pacific Coast Highway / Prospect Street c. Pacific Coast Highway / Superior Avenue / Balboa Boulevard d. Pacific Coast Highway / Hoag Drive e. Pacific Coast Highway / SR -55 SB Ramp/ Newport Boulevard f Pacific Coast Highway / Riverside Avenue g. Pacific Coast Highway / Tustin Avenue It. Pacific Coast Highway / Balboa Bay Way i. Pacific Coast Highway / Dover Drive j. Pacific Coast Highway / Bayside Drive 12 -ORA -1 -PM 12.55-21.27 EA: 926092, ID: 1217000025 District Agreement No. 12-745 k. Pacific Coast Highway / Promontory Drive 1. Pacific Coast Highway / Crystal Cove / Los Trancos in. Pacific Coast Highway / Crystal Heights Drive n. Pacific Coast Highway / Reef Point Drive 7. PARTIES agree that IMPROVEMENTS will cost a total of $96,250.00 STATE will install traffic signal controller equipment components of the IMPROVEMENTS, as specified in Exhibit A. NOW, THEREFORE, in consideration of the foregoing recitals and the following terms, covenants and conditions, the PARTIES agree as follows: SECTION A STATE AGREES: 1. To perform the work elements in order to complete IMPROVEMENTS as specified in the SCOPE SUMMARY attached to and made a part of this Agreement. 2. To implement coordination of traffic signal timing (TIMING PLAN) for INTERSECTIONS in accordance with the Caltrans Traffic Operations Manual. 3. To review the draft TIMING PLAN prepared by CITY, and finalize it subject to revisions mutually agreed to between PARTIES. 4. To submit an invoice for a lump sum (single payment) of $96,250.00 to CITY for the IMPROVEMENT within 30 days of execution of this agreement. SECTION B CITY AGREES: 1. To fully fund IMPROVEMENTS not exceeding $96,250.00. 2. To develop TIMING PLAN for INTERSECTIONS and submit it for STATE review and approval. 3. To work in good faith with STATE to revise and finalize TIMING PLAN. 4. To make written application to STATE for necessary encroachment permits authorizing entry of CITY onto SHS right of way to perform work for IMPROVEMENTS. CITY shall also require its consultants and contractors if any, to make written application to STATE for necessary encroachment permits. 5. Prepare and review a final report of the IMPROVEMENTS with STATE, and assess the performance of the PARTIES in relation to the terms, covenants and conditions of the Agreement. 12 -ORA -1 -PM 12.55-21.27 EA: 926092, ID: 1217000025 District Agreement No. 12-745 6. Pay to STATE, within thirty (30) days of receipt of invoice, the amount of $96,250.00. SECTION C IT IS MUTUALLY AGREED THAT: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the State Budget Act. 2. CITY's total obligation is set at $96,250.00. If STATE anticipates that funding will be insufficient to complete IMPROVEMENTS, due to (i) mutually agreed material modifications, (ii) the failure by CITY to perform its obligations under this Agreement following written notice from the STATE to CITY or (iii) unforeseen conditions that are discovered during the performance of IMPROVEMENTS, STATE will promptly notify CITY. STATE may be required to stop work on IMPROVEMENT until additional funding is secured and/or to restore the site of IMPROVEMENTS to a condition of safe operation, using any then unexpended funds, if additional funds are not made available for IMPROVEMENTS. Neither STATE nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY or under this Agreement. It is understood and agreed that, CITY will fully defend, indemnify, and save harmless STATE and all of its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY and/or its agents under this Agreement. 4. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by STATE and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon STATE or under this Agreement. It is understood and agreed that, STATE will fully defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE and/or its agents under this Agreement. 5. This Agreement will terminate upon completion of IMPROVEMENT and all parties have met all scope, cost, and schedule commitments included in this agreement and have signed a cooperative agreement closure statement, which is a document signed by PARTIES that verifies the completion of all scope, cost, and schedule commitments. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, hazardous material, operation, maintenance and ownership articles will remain in effect until terminated, expire by statute of limitation, or modified in writing by mutual agreement. 12 -ORA -1 -PM 12.55-21.27 EA: 926092, ID: 1217000025 District Agreement No. 12-745 CONTACT INFORMATION This information provided below indicates the primary contact information for the PARTIES to the Agreement. PARTIES will notify each other in writing of any personnel or location changes. Contact Information changes do not require an amendment to this Agreement. The primary Agreement contact person for STATE is: Fedrico Hormozi, Branch Chief Electrical Systems 6681 Marine Way Irvine, CA 92618-1724 Office Phone: (949) 936-3464 Email: fedrico.hormozi@dot.ca.gov The primary Agreement contact person for the CITY is: Brad Sommers, Senior Civil Engineer 100 Civic Center Drive Newport Beach, CA 92660 Office Phone: (949) 644-3326 Email: bsommers@newportbeachca.gov 12 -ORA -1 -PM 12.55-21.27 EA: 926092, ID: 1217000025 District Agreement No. 12-745 SIGNATURES The individuals signing below warrant that they are duly authorized by the PARTIES to execute this agreement on their behalf: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Director APPROVED AS TO FORM: By: Attorney Department of Transporw on CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS: By Accounting Administrator CERTIFIED AS TO FUNDS: ) By: !vV eda Sabe District Budget Manager CITY OF NEWPORT BEACH By: \_ id Kiff City Manager APPROVED AS TO FORM: By: ins Aaron C. Harp o3cB i -I City Attorney dm-j� Attest Leilani 1.�o�,/y(yjC - Dam: 3 12 -ORA -1 -PM 12.55-21.27 EA: 926092, ID: 1217000025 District Agreement No. 12-745 SCOPE SUMMARY Work Element State city Perform Preliminary Engineering X Encroachment Permit X Develop Coordination Traffic Signal Timing X Approve and Implement Coordination Signal Timing X Monitor and Fine -Tune Traffic Signal Coordination Timing X Configure and Install Local Traffic Signal Controllers X Configure and Install Master Traffic Signal Controllers X Configure and Install GPS Time Source (Clocks) X Final Report X 12 -ORA -1 -PM 12.55-21.27 EA: 926092, ID: 1217000025 District Agreement No. 12-745 Exhibit A Pacific Coast Highway Regional Traffic Signal Synchronization Project Reimbursable Caltrans Cost Details Intersection Caltrans Controller Install Fee (35 hours x $125/hour) + Caltrans Signal Timing Fee (20 hours x $125/hour) Pacific Coast Hwy / Orange St $6,875.00 Pacific Coast Hwy / Prospect St $6,875.00 Pacific Coast Hwy / Superior Ave -Balboa Blvd $6,875.00 Pacific Coast Hwy l Hoag Dr $6,875.00 Pacific Coast Hwy / Newport Blvd SB Ramp (SR -55) $6,875.00 Pacific Coast Hwy / Riverside Ave $6,875.00 Pacific Coast Hwy / Tustin Ave $6,875.00 Pacific Coast Hwy / Balboa Bay Resort $6,875.00 Pacific Coast Hwy / Dover Dr $6,875.00 Pacific Coast Hwy / Bayside Dr $6,875.00 Pacific Coast Hwy / Promontory Dr $6,875.00 Pack Coast Hwy / Crystal Cove -Los Trancos $6,875.00 Pacific Coast Hwy / Crystal Heights Dr $6,875.00 Pacific Coast Hwy / Reef Point Dr $6,875.00 TOTAL: $96,250.00