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HomeMy WebLinkAboutCC AG PKT 2008-04-14 #V AGENDA STAFF REPORT . DATE: April 14, 2008 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Vince Mastrosimone, Director of Public Works SUBJECT: COOPERATIVE AGREEMENT WITH CITY OF LOS ALAMITOS FOR THE SEAL BEACH/LOS ALAMITOS BOULEVARD TRAFFIC SIGNAL INTERCONNECT PROJECT No. ST0807 SUMMARY OF REQUEST: . The City of Los Alamitos has received funding to interconnect the traffic signals on Los Alamitos Boulevard to the signals in the City of Seal Beach. This report proposes a cooperative agreement between the two cities to combine and govern the design and construction of the two planned improvements. BACKGROUND: In 2003, the Orange County Transportation Authority (OCT A) allocated $190,554 in Measure M funds to the City of Los Alamitos under their Signal Improvement Program along Los Alamitos Boulevard. The grant from the OCTA requires a 26% local match equaling $66,951. Combining the grant $190,554 and match $66,951 totals to $257,505, The original scope of work was to, "include installation of fiber optic cable and controllers to connect the Seal Beach Boulevard signal system with the Los Alamitos Boulevard signal system." The City of Seal Beach recently completed installing fiber optic cable on Seal Beach Boulevard from Bradbury Drive to Lampson Avenue. The City of Los Alamitos approached the City of Seal Beach to combine efforts to interconnect the traffic signals on Seal Beach/Los Alamitos Boulevard, . Over the past eight months, staff has been working with Seal Beach staff on this cooperative project. The project scope currently includes installation of global positioning system (GPS) time source receivers, wireless communication systems, controller cabinet upgrades and minor traffic signal modifications to improve traffic flow operations along the project corridor. Multi-jurisdictional coordination signal timings will be developed and implemented for a total of 23 traffic signals on Seal Beach Boulevard and Los Alamitos Boulevard between Agenda Item ~ . Pacific Coast Highway on the south (in the City of Seal Beach) and Cerritos Avenue on the north (in the City of Los Alamitos), The project will include traffic signals controlled by Caltrans at the Seal Beach Boulevard/lnterstate-405 interchange and at Pacific Coast Highway. Staff from both cities is currently working with OCTA staff to request a project scope change and request that OCT A grant the City of Seal Beach authority to act as the lead agency for the project on the behalf of the City of Los Alamitos. Staff from both cities also worked cooperatively in developing an agreement that delineates each City's responsibility in proceeding with the project. Each city is responsible for the costs of the project that lie within its respective boundaries. Seal Beach will provide overall project management and will enter into and administer both the design and construction contracts. Los Alamitos will have the right to approve the work at each step in the process and be responsible to pay for its portion of the project costs. A draft agreement enumerating these conditions is attached for the City Council's consideration, The City Attorney's office has reviewed the attached cooperative agreement and approved it in its form. FINANCIAL IMPACT: . OCTA has allocated $190,554 to the City of Los Alamitos (Measure M funding), with a local match of $67,000. City of Seal Beach was awarded $50,000 from GMA 2. The $50,000 will be applied to the required match of $67,000, which remains a shortfall of $17,000, The City of Los Alamitos will contribute $6,000 and the City of Seal Beach will contribute $11,000. This is based upon a ratio of number of intersections in each jurisdiction. There are a total of 23 intersections, 15 for City of Seal Beach and 8 for City of Los Alamitos. The $11 ,000 will come from the State Gas Tax, A Budget Amendment to add the Traffic Signal Interconnect project (#ST0807) to the 5-year CIP and the appropriation of $11,000 using State Gas Tax funds will come for Council approval at a later date, RECOMMENDATION: It is recommended the City Council adopt Resolution No, authorizing the Mayor to enter into a cooperative agreement with the City of Los Alamitos to interconnect the traffic signals on Seal Beach/Los Alamitos Boulevard. . ~. :J V;,,, M""'o,;mooe- Director of Public Works NOTED AND APPROVED: C7~ David Carman , City Manager . RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CAUFORNIA AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE AGREEMENT WITH THE CITY OF LOS ALAMITOS TO INTERCONNECT TRAFFIC SIGNALS ON SEAL BEACHlLOS ALAMITOS BOULEVARD RECITALS A. Orange County Transportation Authority (OCT A) has allocated $190,554 in Measure M funds to the City of Los Alamitos. OCTA requires a 26% local match ($66,951). With the local match, there will be a total of $257,505 In funds. B. The City of Los A1amitos ("Los Alamitos") and the City of Seal Beach ("Seal Beach") desire to design and construct Global Positioning Satellite ("GPS") time source receivers, wireless communication sys1ems, controller cabinet upgrades and minor traffic signal modnlcations to Improve traffic flow operations at 23 signalized traffic signals along Seal Beach/Los Alamltos Boulevard from Pacific Coas1 Highway to Cerrltos Avenue. C. Seal Beach and Los A1amltos desire to enter Into a cooperative agreement as to the improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The Council hereby authorizes the Mayor to execute the Cooperative Agreement with the City of Los A1amitos. . PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 14th day of Aorll , 2008 by the following vote: A YES: Council member NOES: Councllmember ABSENT: Council member ABSTAIN: Councllmember ATTEST: Mayor . City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Unda Devine, City Clerk of the City of Seal Beach, Callfomla, do hereby certify that the foregoing re5Olo1lon Is the original copy of Re5Olo1lon Number _ on file In the office of the City Clerk. passed, approved, and adopted by the City Council of the City of Seal Beach at a regular meeting held on the 14th day of Aorll , 2008. City Clerk . . . COOPERATIVE AGREEMENT SEAL BEACH/LOS ALAMITOS BOULEVARD TRAFFIC SIGNAL IMPROVEMENT PROJECT FROM CERRITOS AVENUE (CITY OF LOS ALAMITOS) TO PACIFIC COAST HIGHWAY (CITY OF SEAL BEACH) This Cooperative Agreement for the Seal Beach/Los Alamitos Traffic Signal Agreement ("Agreement') is made and entered into this day of, 2008 by and between the City of Los Alamitos, a municipal corporation ('Los Alamitos') and the City of Seal Beach, a municipal corporation ('Seal Beach'). Los Alamitos and Seal Beach are at times referred to individually as 'Party' and collectively as 'Parties' herein. WITNESSETH: Whereas, the Orange County Transportation Authority ('OCTA') has awarded to Los Alamitos a Signal Improvement Project ('SIP') grant in the amount of One Hundred and Ninety Thousand and Five Hundred and Fifty-Four Dollars ($190,554.00) ('Funding') to install fiber optic cable and controllers to connect the Seal Beach Boulevard signal system with the Los Alamitos Boulevard signal system ('Project No. 03-LSAL-8IP-1177'); and Whereas, Los Alamitos and Seal Beach propose to implement a multi-jurisdictional traffic signal coordination on Seal Beach Boulevard and Los Alamitos Boulevard ('Improvements'), from Pacific Coast Highway to Cerntos Avenue. The Improvements are more specifically described in the attached Exhibit "A'; and Whereas, the Improvements will consist of design and construction of new Global Positioning Satellite ('GPS') time source receivers, wireless communication systems, controller cabinet upgrades and minor traffic signal modifications to improve traffic flow operations at twenty-three (23) signalized traffic signals along said limits; and Whereas, Los Alamitos and Seal Beach will submit a request to OCTA to change the scope of Project No. 03-LSAL-SIP-1177's to incorporate all Improvements shown on Exhibit A; and Whereas, Seal Beach will act as the lead agency for the Improvements. NOW, THEREFORE, in consideration of the promises and agreements herein contained, Los Alamitos and Seal Beach do hereby agree as follows: I. Los Alamitos aarees to: A. Designate and does hereby so designate Seal Beach as the lead agency for the purpose of accomplishing the Improvements as provided in Section II. B. Forward the Funding to Seal Beach within thirty (30) calendar days of the receipt of the Funding by Los Alamitos. C. Pay for one hundred percent (100%) of any additional costs or expenses, in excess of the Funding, incurred by Seal Beach in connection with the Improvements within the boundaries of Los Alamitos. Any necessary change orders for such additional costs or expenses shall be subject to the approval of Agreement w_ Los Alamitos re Trafic Signal improvemcnts.OCX:::- ] _ . . . D. Los A1amitos and Seal Beach in advance of any work to be perfonned. Seal Beach's City Engineer shall submit such change order requests, in writing, to Los Alamitos' City Engineer. Los A1amitos' City Engineer shall seek approval of the change order, as appropriate, and respond to Seal Beach's City Engineer in a timely manner. Maintain sufficient funds in the Los Alamitos's CIP for the Los Alamitos share of local match, which is currently estimated at $6,000. II. Seal Beach aarees to: A. Prepare or cause to be prepared all environmental documents, plans and specifications required in connection with the construction of the Improvements; to take bids and award a contract to a contractor C"Contractor") pursuant to its Charter and any applicable law; and to administer the contract to complete the Improvements. B. Require and obtain adequate insurance coverage from the Contractor that is acceptable to Los Alamitos and Seal Beach and that names Los Alamitos and Seal Beach as additional insureds. Additionally, Seal Beach will require contractors and sub-contractors to indemnify Los A1amitos and Seal Beach Pursuant to Seal Beach's standard indemnity provisions for public works contracts. Such indemnity shall survive this Agreement and any agreement between Seal Beach and the Contractor. C. Prepare periodic status reports for Los Alamitos detailing the costs associated with the Improvements. D Pay for one hundred percent (100%) of any additional costs or expenses, in excess of the Funding, incurred in connection with the Improvements within Seal Beach's boundaries. E. Coordinate the Improvements with Caltrans and the County of Orange. F. Consult with Los Alamitos in the selection of a design engineer. G. Consult with Los Alamitos in the selection of a construction contractor. H Inform the Los Alamitos City Engineer if there is any indication, from the design engineer or the construction contractor, that the project expenses may exceed the project budget. III. Miscellaneous Provisions: A. All obligations of the Parties under this Agreement are contingent upon Los Alamitos both actually receiving the Funding and forwarding the Funding to Seal Beach. 8. Seal Beach shall fumish a resident engineer to perfonn the usual functions of a resident engineer during construction. Los Alamitos, as a secondary agent, may, but is not obligated to, furnish its own respective resident engineer. The resident A&=mCDt w_ Los Alemitos '" Trafic Signal imprOVCIllCDts.OOC- 2 - . . . C. engineers shall cooperate and consult with each other and reach mutually agreed upon decisions with respect to the Improvements. Los Alamitos and Seal Beach shall cooperate to the fullest extent possible in seeing the Improvements to completion. D. This Agreement shall be effective on the date executed by the last Party signatory hereto, and shall supersede all prior agreements respecting the construction of the Improvements covered by this Agreement. D. Neither Los A1amitos nor any officer or employee thereof shall be responsible for any damage or liability incurred by reason of anything done or omitted to be done by Seal Beach under or in connection with any work, authority or jurisdiction delegated to Seal Beach under this Agreement. Pursuant to Government Code Section 895.4, Seai Beach shall fully indemnify and hold Los Alamitos harmless from any liability imposed for injury as defined in Section 810.8 occurring by reason of anything done or omitted to be done by Seal Beach under or in connection with any work, authority or jurisdiction delegated to under this Agreement. This indemnity language shall survive the termination/expiration of this Agreement. E. Neither Seal Beach nor any officer or employee thereof shall be responsible for any damage or liability incurred by reason of anything done or omitted to be done by Los A1amitos under or in connection with any work, authority or jurisdiction delegated to Los Alamitos under this Agreement. Pursuant to Government Code Section 895.4, Los Alamitos shall fully indemnify and hold Seal Beach harmless from any liability imposed for injury as defined in Section 810.8 occurring by reason of anything done or omitted to be done by Los A1amitos under or in connection with any work, authority or jurisdiction delegated to under this Agreement. This indemnity language shall survive the termination/expiration of this Agreement. F. This Agreement represents the entire understanding of the Parties hereto as to those matters contained herein, and no prior or oral understanding shall be any force or effect with regard to those matters covered by this Agreement. This Agreement may not be modified, altered or amended except in writing signed by both Parties. G. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose: City of Los Alamitos 3191 Katella Avenue Los Alamitos, CA 90720 Attn: City Engineer City of Seal Beach 211 8th Street Seal Beach, CA 90740 Attn: City Engineer Agreement w _ Los AIamitos re Trafic Signal improvements.DOC~ 3 - . . . H. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any lawsuit brought in connection with this Agreement shall be brought in the appropriate court in the County of Orange, California. I. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. J. The signatories hereto represent that they have been appropriately authorized to execute this Agreement on behalf of the Party for whom they sign. K. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. L. This Agreement shall terminate upon completion of the Improvements and payment of final billing by Los Alamitos and Seal Beach for their respective share of the Improvements. M. If any legal action or other proceeding is brought in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which the Party is entitled. Neither Party shall transfer or assign their interests in this Agreement to a third- party without the written pennission of the other Party. Any transfer or assignment without pennission shall be of no effect. O. Upon completion of the Improvements each Party shall be responsible for the maintenance of the portion of the Improvements that are located within their respective jurisdiction. N. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by and through their authorized officers on the date set forth below. CITY OF LOS ALAMITOS By: Mayor DATE OF EXECUTION: ATTEST City Clerk APPROVED AS TO FORM: City Attorney Agreement w_ Los Alamitos re Trafic Signal improvemenU.DOC- 4 - . . . CITY OF SEAL BEACH By: DATE OF EXECUTION: Mayor ATTEST City Clerk APPROVED AS TO FORM: City Attomey Agreement w_w AJamito9 re Trafic Signal improvcments.rxx::- 5 -