HomeMy WebLinkAboutC-5415 - Cooperative Agreement for Newport Coast Drive Signal Synchronization ProjectThis Newport Coast Drive Signal Synchronization Project Agreement
("Agreement") is entered into as of f�C t 201-�, ( "Effective Date ") by and
between the CITY OF NEWPORT BEArH, a California municipal corporation ( "City ")
and the CITY OF IRVINE, a California municipal corporation ( "Participating Agency ").
City and Participating Agency is sometimes referred to herein individually as a "Party" or
collectively as the "Parties."
RECITALS
A. City in cooperation with Participating Agency is working to coordinate traffic
signals across multiple jurisdictional boundaries as a part of the Renewed
Measure M (M2) Regional Traffic Signal Synchronization Program Project P
('Project P ") to enhance countywide traffic flow and reduce congestion.
B. City has been awarded Project P funds based on the applications ( "Applications ")
prepared by City for implementation of signal synchronization of traffic signals
along the Newport Coast Drive Corridor between Pacific Coast Highway and
Bonita Canyon Drive ( "Project ").
C. Participating Agency has elected to designate City and City agrees to act as
implementing agency to carry out the Project.
D. The Project will include approximately thirteen (13) traffic signals as identified in
the Applications and illustrated in the Newport Coast Drive Signal
Synchronization Project scope of work, which is attached and incorporated
herein as Attachment A.
E. The Project will include elements identified in the Applications such as the
development and implementation of optimized signal synchronization timing,
preparation of before and after study, and installation of signal timing
improvements as identified in Attachment A.
F. City agrees to work with Participating Agency to coordinate the inclusion of other
traffic control elements that must be installed at the same time as the
construction of the Project that are NOT included in Attachment A and will be the
financial responsibility of the Party owning each and any of those traffic control
elements during the course of the Project.
G. City agrees to implement the Newport Coast Drive Project as referenced on
Attachment A.
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H. The funds received through Project P provide forty four point four tenths percent
(44.4 %) or up to Two Hundred Sixty Thousand Dollars and No /100 ($260,000.00)
of the total Newport Coast Drive Project cost of Five Hundred, Eighty Six
Thousand Dollars and No /100 ($586,000) as set forth in Attachment B, which is
attached and incorporated herein by reference. City and Participating Agency
agree to contribute the remaining fifty five point six tenths percent (55.6 %). Said
total contribution will consist of a combined cash and in -kind match of Three
Hundred Twenty Six Thousand Dollars and No /100 ($326,000.00). City's share
shall be a combination of cash and in -kind services equaling Three Hundred,
Nineteen Thousand, five hundred Dollars and No /100 ($319,500). Participating
Agency's share shall be an in -kind contribution equaling Six Thousand, Five
Hundred Dollars and No /100 ($6,500.00).
I. in the event the cost of the Project exceeds the estimate as submitted in the
Applications as prepared by City, the Parties agree to meet and determine
revisions to the Project to satisfy the budget(s) or revised funding proposal(s) by
Participating Agency which shall be documented and submitted in writing as an
amendment to the Agreement.
J. City and Participating Agency desire to enter into this Agreement to implement
the Project in support of Project P as part of M2.
K. This Agreement defines the specific terms, conditions, and funding
responsibilities between City and Participating Agency for the implementation of
the Project.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants set forth below, the City and the Participating Agency agree as follows:
1. Complete Agreement
A. This Agreement, including any attachments incorporated herein and made
applicable by reference, constitutes the complete and exclusive statement of the
terms and conditions of this Agreement between City and Participating Agency
and it supersedes all prior representations, understandings and communications
between the Parties. The above referenced Recitals are true and correct and are
incorporated by reference herein.
B. City'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 City's right to such performance or to future performance of
such term(s) or condition(s), and Participating Agency's' performance of any
term(s) or condition(s) of this Agreement shall not be construed obligation in
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respect thereto shall continue in full force and effect. Changes to any portion of
this Agreement shall not be binding upon City except when specifically confirmed
in writing by an authorized representative of City 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 City'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 City'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 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.
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 City 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.
3. Responsibilities of the City as Project Lead Agency
The City as the Lead Agency agrees to the following responsibilities for the
implementation of the Project:
A. To manage, procure, and complete the Project as identified in Attachment A,
which is attached hereto and incorporated herein by reference.
B. To cooperate with the Orange County Transportation Authority ( "OCTA ") and
coordinate outreach efforts for the Primary Implementation (design and
construction) phases of the Project.
C. To collect manual intersection movement and automated machine traffic counts.
D. To implement required signal improvements at the locations set forth in
Attachment A.
E. To develop new timing plans optimized for signal synchronization.
F. To provide updated timing plans and traffic count data to Participating Agency.
G. To prepare a "Before and After Study" for the Newport Coast Drive Project. As
described in the Measure M2 Eligibility Guidelines adopted by the OCTA, 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.II1.9) for
the Project. City shall provide the "Before and After Study' for the Project to
Participating Agency in draft and final formats for comment, and comments shall
be noted in the final study.
H. To provide ongoing maintenance and operation of optimized signal timing after
the Primary Implementation phases of the Project are completed and continue
until the end of the three (3) year grant period.
To request proof of expenditures from Participating Agency providing in -kind
match as identified in Attachment B, if any, at the end of each phase.
J. To provide Three Hundred, Nineteen Thousand, Five Hundred Dollars and
No/100 ($319,500) of combined cash and in -kind contribution as required
matching funds.
4. Responsibilities of the Participatina Agency
Participating Agency agrees to the following responsibilities for implementation and
funding of the Project:
A. To provide a technical representative to meet and participate as a member of the
Project's Traffic Forums.
B. To authorize the City to manage, procure, and implement all aspects of the
Project.
C. To participate and support the Project's implementation within the timeframe
outlined in the Applications and consistent with the Comprehensive
Transportation Funding Program ( "CTFP ") Guidelines adopted by OCTA.
D. To provide the City all current intersection, local field master, and /or central
control system timing plans and related data upon request.
E. To provide the local match and/or documentation for the in -kind services for the
Project in accordance with Attachment B. Failure to provide included match
and /or evidence of in -kind service may result in the loss of future participation for
competitive funds.
F, To provide documentation of conformance to the City for the in -kind match, as
identified in Attachment B, within 30 days of City's request.
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G. To provide updates to the City on the Project as part of the semi - annual review
process until completion of the three (3) year grant period for the Project.
Documents to be provided include, but are not limited to, payroll records,
contracts, and purchase orders.
H. To provide Six Thousand, Five Hundred Dollars and No /100 ($6,500) of in -kind
contribution as required matching funds.
5. Delegated Authority
The actions required to be taken by Participating Agency in the implementation of this
Agreement is delegated to its City Manager or designee, and the actions required to be
taken by City in the implementation of this Agreement are delegated to City's City
Manager or designee. Participating Agency acknowledges this designation of authority
is authorized under their respective local rules and regulations.
6. Audit and Inspection
City and Participating Agency shall maintain a complete set of records in accordance
with generally accepted accounting principles. Upon reasonable notice, City shall
permit the authorized representatives of the Participating Agency to inspect and audit all
work, materials, payroll, books, accounts, and other data and records of City for a
period of four (4) years after expiration or termination of this Agreement, or until any on-
going audit is completed. For purposes of audit, the date of completion of this
Agreement shall be the date of OCTA's payment of City's final billing (so noted on the
invoice) under this Agreement. The Participating Agency 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 City's contractor.
7. Indemnification
A. The Participating Agency shall indemnify, defend and hold harmless the City, its
officers, directors, employees and agents from and against any and all claims
(including attorney's fees and reasonable expenses for litigation and settlement)
for any loss or damages, bodily injuries, damage to, or loss of property caused by
the negligent acts, omissions or willful misconduct by the Participating Agency,
its officers, directors, employees or agents in connection with or arising out of the
performance of this Agreement.
B. The Participating Agency shall maintain adequate levels of insurance, or self -
insurance to assure full indemnification of City.
C. City shall indemnify, defend and hold harmless the Participating Agency, and /or
its officers, directors, employees or agents from and against any and all claims
(including attorney's fees and reasonable expenses for litigation and settlement)
for any loss or damages, bodily injuries, damage to, or loss of property caused by
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the negligent acts, omissions or willful misconduct by City, its officers, directors,
employees or agents in connection with or arising out of the performance of this
Agreement.
D. City shalt maintain adequate levels of insurance, or self- insurance to assure full
indemnification of the Participating Agency.
8. Additional Provisions
A. Term of Agreement: This Agreement shall continue in full force and effect until
December 31, 2016, or until the Parties' ongoing obligations under section 3.1-1
and 4.G have terminated, whichever is later. This Agreement may be extended
or amended at the mutual consent of all Parties hereto. No amendment shall
have any force or effect unless executed in writing and approved as to form by
Participating Agency's City Attorney.
B. City and Participating Agency agree to work together in good faith, using
reasonable efforts to resolve any unforeseen issues and disputes arising out of
the performance of this Agreement.
C. Parties shall waive any fees for permits required by either City or Participating
Agency for the Project.
D. Legal Authority: City and Participating Agency 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.
E. 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 condition of this Agreement shall
be valid and enforceable to the fullest extent permitted by law.
F. 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 will be permitted.
G. The Parties shall comply with all applicable federal, state and local laws, statutes,
ordinances and regulations of any governmental authority having jurisdiction over
the Project.
H. 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
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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.
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 (1) assignment shall not be deemed consent to
any subsequent assignment, nor the waiver of any right to consent to such
subsequent assignment.
J. Obligations to Comply with Law: Nothing herein shall be deemed nor construed
to authorize or require any Party to issue bonds, notes or other evidences of
indebtedness under the terms, in amounts, or for purposes other than as
authorized by local, state or federal law.
K. Governing Law: The laws of the State of California and applicable local and
federal laws, regulations and guidelines shall govern this Agreement. The venue
shall be in Orange County, California.
L. Notices: Any notice, demand, request, consent, approval or communication
under this Agreement shall be in writing and either served personally or sent by
prepaid, first -class mail to the address set forth below. Either Party may change
its address by notifying the other Party of the change of address in writing.
Notice shall be deemed given (a) upon personal delivery or (b) forty -eight (48)
hours from deposit of such notice in the United States mail, postage prepaid.
To City of Irvine:
City of Irvine
Public Works Department
P.O. Box 19575
Irvine, CA 92623 -9575
Attention: Director of Public Works
To City of Newport Beach:
City of Newport Beach
Public Works Department
P.O. Box 1768
Newport Beach, CA 92658
Attention: Director of Public Works
(Signature Page Follows)
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This Agreement shall be made effective upon execution by both Parties.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed on the date first set forth above.
Cl O IR E
CITY OF NE WP T BEAC
By:
By: 4
el Go ez
David A. ebb
Director of ubZ'
lic orks
Director of Public Works
ATTES
By: �� j��o
ATTEST:
By:
. r�
S arie odaca
Leilani Brown
Ci Clerk
City Clerk
APPR E TO FORM:
NES AYER
APPROV OFORM
By: r
Richard. Jones
Aaron C. arp
City A torney
City Attorney
Dated: ';)-- j
Dated:
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ATTACHMENT A
Scope of Work
Newport Coast Drive Signal Synchronization Project
INTRODUCTION
The City of Newport Beach will lead the NEWPORT COAST DRIVE PROJECT to optimize
signal synchronization timing along the Newport Coast Drive (Coast Highway to Bonita Canyon
Drive). Below is the list of intersections:
Table 1: Project Traffic Signals
1. Newport Coast Dr at Coast Hwy
City of Newport Beach
2, Newport Coast Or at Pelican Hills Rd South
City of Newport Beach
3. Newport Coast Or at Provence
City of Newport Beach
4. Newport Coast Dr at Pelican Hills Rd North
City of Newport Beach
5. Newport Coast Or at Vista Ridge
City of Newport Beach
6. Newport Coast Or at Ridge Park Rd
City of Newport Beach
7. Newport Coast Dr at San Joaquin Hills Rd
City of Newport Beach
8. Newport Coast Or at Gas Recovery
City of Newport Beach
9. Newport Coast Dr at Sage Hill
City of Newport Beach
10. Newport Coast Or at SR -73 NB Off Ramp
Caltrans
11. Newport Coast Or at Turtle Ridge Or
I City of Irvine
12. Newport Coast Dr at Turtle Crest Dr
City of Irvine
13. Newport Coast Drat Bonita Canyon Dr
City of Irvine
PRIMARY IMPLEMENTATION
The following is an outline of the scope of services for NEWPORT COAST DRIVE PROJECT
Primary Implementation.
1} Project Administration
CITY shall provide general project administration, environmental processing, and quality control.
PARTICIPATING AGENCY shall provide support project management services for the project
intersections located within their jurisdiction and assist in maintaining the NEWPORT COAST
DRIVE PROJECT schedule.
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a) Data Collection
The CITY will assemble with the assistance of PARTICIPATING AGENCY the necessary
data to understand the existing traffic conditions for the NEWPORT COAST DRIVE
PROJECT and its respective traffic signal operations. This shall include, at minimum, the
following:
• All data, documents, plans, photos, etc. related to each NEWPORT COAST
DRIVE PROJECT intersection within the past two years;
• Local agency timing preferences or policies for all modes of travel and special
intersection treatments; and
• Manual and Machine Traffic counts for highway links and intersections for
weekday and weekend time periods for all modes of travel. Special 72 -hour
video counts will be conducted along the corridor with established special
modal use.
b) Field Reviews
CITY shall conduct NEWPORT COAST DRIVE PROJECT field reviews to verify collected
data including geometric layout, inventory of existing traffic signal control and
communications, and any and all factors that impact or affect signal progressions.
2) Signal Synchronization Timing
CITY shall develop a signal synchronization model using Synchro and Sim Traffic 8.0 and Tru —
Traffic 9.0 to verify the operation of existing timing and then produce and evaluate potential
timing changes that would improve or refine the corridor traffic flows through improved
optimized signal operations. The PARTICIPATING AGENCY shall be involved in the review
and validation of the recommended signal timing. The OCTA Corridor Synchronization
Performance Index (CSPI) combines Average Speed, Stops per Mile, and Greens per Red
(number of intersections successfully traversed on a Green Light vs. Stopped by a Red Light)
into a composite index. The CSPI shall be the defined metric in this evaluation.
The CITY shall utilize the approved Optimized Signal Timing and implement the timing into the
central and field controller systems and provide Fine Tuning services. The After Study Travel
Time Runs Shall be performed and the Before to After comparison CSPI shall then be
determined.
3) Before and After Studies and Reports
CITY shall conduct real -time floating car "runs" in each direction during the planned (Before)
and implemented (After) time periods of NEWPORT COAST DRIVE PROJECT traffic signal
synchronization. Summary reports shall be prepared by CITY in coordination with the
PARTICIPATING AGENCY to identify improvements in metrics from the Before to After
conditions. The Before and After Study shall constitute the NEWPORT COAST DRIVE
PROJECT Final Report.
Additionally, this report shall document improvements accomplished and recommend
procedures for continuing maintenance, surveillance, and evaluation of the coordinated signal
system.
4). Engineering Design. Review, and Procurement/Construction — Support Infrastructure
PARTICIPATING AGENCY shall provide sufficient staffing to provide Engineering Design
Review of design documentation. If design documentation is provided by the PARTICIPATING
AGENCY for NEWPORT COAST DRIVE PROJECT, the Engineering Design Review
requirement shall be satisfied. Purchase and construction /installation of the requested traffic
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signal infrastructure and upgrades, software, licenses, or other components as approved in the
application shall be by the CITY in the name of and for the end user PARTICIPATING
AGENCY. The CITY shall work with the PARTICIPATING AGENCY to coordinate design,
identification of applicable standards /specifications, purchasing and /or installation of the
required signal improvements. Design and other technical support to implement the upgrades
shall be subject to the designated cost estimate. The budget for these improvements is fixed to
the approved budget and will be subject to revised scope or additional contributions. The
highest priority improvements shall be those that are required to optimize signal timing. The
PARTICIPATING AGENCY shall waive all fees for permits and inspections and shall provide
sufficient professional staffing to provide construction support and inspection services to
NEWPORT COAST DRIVE PROJECT.
PROJECT TRAFFIC SIGNAL SYNCHRONIZATION — ON GOING MAINTENANCE AND
MONITORING
For a period of two (2) years (24 months), from the date of NEWPORT COAST DRIVE
PROJECT acceptance, CITY shall provide for On Going Maintenance and Monitoring of
NEWPORT COAST DRIVE PROJECT. This shall include the observation of corridor and
system intersection operations to maintain NEWPORT COAST DRIVE PROJECT integrity.
CITY will make observations and provide recommended changes to PARTICIPATING AGENCY
for approval and implementation. CITY shall also provide resources for maintenance and repair
of any NEWPORT COAST DRIVE PROJECT installed infrastructure for the same time period.
PARTICIPATING AGENCY shall provide sufficient staffing for assistance in administration of
this task.
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ATTACHMENT B
COST ESTIMATES
Newport Coast Drive Signal Synchronization Project
PROJECT COST ESTIMATE
Total Project Cost
$586,000
Cost Breakdown by Agency
Irvine
$28,000
Project Engineering /Design
Newport Beach
$558,000
Traffic Signal Synchronization Costs
OCTA - Awarded Grant Funds (44.4 %)
$260,000
Required Agency Fund Match Amount (55.6 %)
$326,000
Fund Match by Agency
Irvine
$6,500
$600
Newport Beach
$319,500
Newport Coast Dr /Bonita Canyon Dr
Match Fund Type (Estimate) — Irvine
I Cash ($0)
In -Kind ($6,500)
Match Fund Type (Estimate) — Newport Beach
I Cash ($252,000)
In -Kind ($67,500)
CITY OF IRVINE COST ESTIMATE SUMMARY
Number of Signals
3
Project Administration
Project Share
$2,500
Project Engineering /Design
Project Share
$5,000
Traffic Signal Synchronization Costs
$2,615/si nal
$7,845
Before and After Study
$1,045/si nal
$3,135
Signal Improvement Costs
Newport Coast Dr /Turtle Ridge Dr
$600
Newport Coast Dr/Turtle Crest Dr
$600
Newport Coast Dr /Bonita Canyon Dr
$0
Signal Improvement Sub Total
$1,200
Communication Improvement Costs
Fiber Optic Interconnect Installation
$0
Hub Improvements - Civic Center
$0
Communication Improvement Sub Total
$0
Construction Total
$1,200
Construction Support Costs
15% of Construction Subtotal
$180
Construction Contingency
10% of Construction Subtotal
$120
Monitor /improve Optimized Signal Timing
$1,925 /signal for 24 months
$5,775
Communication and Detection Support
$840 /signal for 24 months
$2,520
Total
$28,000
City of Irvine Funding Match (Fixed Amount)
$6,500
Type of Matching Funds
I In -Kind Match
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ATTACHMENT B
COST ESTIMATES
Newport Coast Drive Signal Synchronization Project
CITY OF NEWPORT BEACH COST ESTIMATE SUMMARY
Number of Signals
10 (Includes I Caltrans Location)
Project Administration
Project Share
$18,100
Project Engineering/Design
Project Share
$115,000
Traffic Signal Synchronization Costs
$2,615/signal
$26,150
Before and After Study
$1,045/signal
$10,450
Signal Improvement Costs
Newport Coast Dr/Coast Hwy
$70,900
Newport Coast Dr/Pelican Hills Rd S
$11,700
Newport Coast Dr/Provence
$11,700
Newport Coast Dr/Pelican Hills Rd N
$5,200
Newport Coast DrNista Ridge
$11,700
Newport Coast Dr/Ridge Park Rd
$21.1000
Newport Coast Dr/San Joaquin Hills Rd
$0
Newport Coast Dr/Gas Recovery
$11,700
Newport Coast Dr/Sage Hill
$11,700
Newport Coast Dr/SR-73 NB Off Ramp
$2,500
Signal Improvement Sub Total
$158,100
Communication Improvement Costs
Fiber Optic Interconnect Installation
Hub Improvements - Civic Center
$118,300
$11,900
Communication Improvement Sub Total
$130,200
-Construction Total
$288,300
Construction Support Costs
15% of Construction Subtotal
$43,245
Construction Contingency
1 10% of Construction Subtotal
$28,830
Monitor /improve Optimized Signal Timing
$1,925/signal for 24 months
$19,250
Communication and Detection Support
4 months
$8,400
Total
$558,000
City of Newport Beach Funding M atch
Type of Matching Funds '
Dollar and In-Kind Match
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