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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. Iq 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 2 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. 2 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 5 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 M 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) 7 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: M �tjE=oRNNP, 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. Page 1 of 3 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 Page 2 of 3 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. Page 3 of 3 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 Page 1 of 2 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 Page 2 of 2