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AGENDA BILL Agenda Item No. 5(B) Date: November 18, 2014 To: El Cerrito City Council From: Yvetteh Ortiz, Public Works Director/City Engineer Subject: I-80 Integrated Corridor Mobility Project Operations and Maintenance - Cooperative Agreement No. 07W.04 ACTION REQUESTED Adopt a resolution authorizing the City Manager to execute Cooperative Agreement No. 07W.04 between the Contra Costa Transportation Authority (CCTA), City of El Cerrito, Contra Costa County and the Cities of Richmond, Hercules, Pinole, and San Pablo for CCTA’s funding the operations and maintenance (O&M) of components of the I-80 Integrated Corridor Mobility (I-80 ICM) Project. BACKGROUND Traffic Conditions I-80, between the Carquinez Bridge and the Bay Bridge, is one of the most congested corridors in the San Francisco Bay Area, with traffic volumes reaching 288,000 vehicles per day and an average of 7,000 hours of daily traffic delays. Traffic demands on the freeway far exceed the roadway capacity, causing severe congestion, unreliable travel times, and traffic diversion to local arterial streets. During the peak periods, the majority of the corridor operates with significant congestion and delays. The congestion on the roadway network contributes to an increase in incident rates, including rear-end collisions on both the freeway and local arterials. With projected increase in travel demand, congestion will get worse. As congestion along the corridor increases, incident rates will increase causing additional congestion. About half of the collisions along I-80 that occur during the peak period appear to be congestion-related/end-of-queue crashes. Over a three-year period, 6,285 crashes took place along I-80. Currently, when there is an incident, such as a collision, on I-80, the amount of time the freeway is affected (referred to as “recovery time”) is directly related to how quickly emergency services or roadside assistance can reach the incident and clear blocked lanes. Because emergency response is also hindered by congestion, the recovery time increases as congestion levels increase. Project Description The I-80 ICM Project is a $93 million project intended to enhance the effectiveness of the existing transportation network, including the freeway, San Pablo Avenue, crossing arterials and bus transit in Alameda and Contra Costa Counties. The project has been ---PAGE BREAK--- Agenda Item No. 5(B) Page 2 developed through a partnership among multiple jurisdictions and transportation agencies including Alameda County Transportation Commission (ACTC), Contra Costa Transportation Authority (CCTA), West Contra Costa Transportation Advisory Committee (WCCTAC), Caltrans, AC Transit, WestCat, Contra Costa County, and the Cities of El Cerrito, Hercules, Pinole, Richmond, San Pablo, Albany, Berkeley, Emeryville and Oakland. The ACTC is the lead agency for the implementation of the project. The project is primarily funded through the 2006 California Infrastructure Bond Act (State Proposition 1B), including $55.3 million from the Corridor Mobility Improvement Account (CMIA) and $21.4 million from the Traffic Light Program (TLSP). Contra Costa Measure J is also a contributing fund for project development. In order to secure the TLSP funds for arterial and transit improvements along San Pablo Avenue and crossing arterials, jurisdictions along the I-80 corridor approved resolutions of support for the project in late 2007 through early 2008. The City of El Cerrito City Council adopted Resolution No 2007-91 in November 2007 for this purpose. The I-80 ICM Project consists of a 20-mile-long network of variable message, lane-use and advisory speed signs and other elements designed to enhance motorist safety, improve travel time reliability and reduce collisions and associated traffic congestion. By improving travel time and reducing delays along I-80, jurisdictions along the corridor will benefit by keeping regional traffic on I-80. As traffic flow improves, vehicle emissions are reduced improving overall air quality. A major part of the project is incident management. By providing warning to drivers, end-of-queue collisions can be reduced. Adaptive ramp metering will not only improve traffic flow on the mainline freeway, but will also reduce side-swipes and rear-end accidents associated with merging maneuvers. By directing traffic to clear lanes ahead of collisions, emergency vehicles can reach collision scenes quicker, allowing for faster recovery time. Lastly, by having coordinated incident response plans, Caltrans and local agencies will have ready- to-deploy tools to manage traffic during major incidents and events. The I-80 ICM Project is well underway with anticipated completion in early 2015. Caltrans has completed the installation of wayfinding signage and transit prioritization signals along San Pablo Avenue, as well as adaptive ramp meters on 44 on-ramps along I-80. Overhead sign installation on the freeway is nearly complete, with eight of eleven sign frames (gantries) installed along westbound I-80 between Cutting Boulevard in Richmond and Powell Street in Emeryville. The sign frames support new, state-of-the- art electronic signage, which, when activated in spring 2015, will provide real-time traffic information to motorists traveling on the I-80 corridor. ---PAGE BREAK--- Agenda Item No. 5(B) Page 3 Memorandum of Understanding The City entered into a Memorandum of Understanding (MOU) with the project partner agencies as authorized by the City Council under Resolution No. 2012-17 in March 2012. The MOU states that local jurisdictions will be responsible for the operations and maintenance (O&M) of various ICM components installed on local streets, and that the CCTA will secure funding in the amount of $2 million to fund approximately 15 years of O&M with an estimated cost of $133,000 per year. In December 2013, the CCTA approved programming $2 million for this purpose in the 2013 Measure J Strategic Plan. The project has also replaced much of the old equipment, such as traffic signal controllers, which will lower the existing O&M costs. ANALYSIS Cooperative Agreement 07W.04 defines a framework to fund the O&M of the I-80 ICM components installed on local streets and specifically provides a process for reimbursing West County jurisdictions, including El Cerrito, for O&M costs. In El Cerrito, the City will continue to be responsible for O&M costs related to existing equipment including traffic signal and transit signal priority/emergency vehicle preemptions systems. The cooperative agreement will provide funding for new equipment at specific locations including mid-block vehicle detection, emergency vehicle preemption traffic signal priority, communications equipment, and operations software. The estimated O&M cost for this new equipment is approximately $9,000 per year. Caltrans will be responsible for O&M costs for equipment located in state right-of-way along San Pablo Avenue as well as any freeway ramps. O&M costs are not expected to be incurred until late 2015 after the project is fully operational and tested. The O&M can be done by City crews or a third party such as a private contractor or Contra Costa County, which currently provides O&M for several jurisdictions along the corridor. The agreement allows the CCTA to disburse funding to the City with submission of a copy of the contractor invoice in advance of the City paying the contractor, which means the City will not have to use City funds upfront. The CCTA cannot pay City vendors directly because the CCTA does not have agreements with them. STRATEGIC PLAN AND ENVIRONMENTAL CONSIDERATIONS Approval of the proposed agreement is consistent with El Cerrito Strategic Plan Goal A – Deliver exemplary government services, and Goal F – Foster environmental sustainability citywide. Specifically, approval of the proposed agreement will support the “develop and strengthen relationships with public partners” strategy listed in Goal A, and the “be a leader in setting policies and providing innovative programs that promote environmental sustainability” in Goal F. The multi-agency, multi-year effort to develop and implement the I-80 ICM Project demonstrates the City’s aim to work collaboratively with neighboring and regional agencies. In addition, the I-80 ICM Project is one of the most comprehensive high-tech transportation projects of its kind in the State of California and its benefits include improving air quality by reducing congestion. ---PAGE BREAK--- Agenda Item No. 5(8) FINANCIAL CONSIDERATIONS Execution of the proposed agreement will not burden the City with additional O&M costs because it commits the CCTA to provide the necessary funding for any new 1-80 ICM equipment installed on local streets. LEGAL CONSIDERATIONS The City Attorney has reviewed the proposed action and agreement, and found that legal considerations have been addressed. Attachments: 1. Accompanying Resolution 2. Cooperative Agreement No. 07W.04 Page 4 ---PAGE BREAK--- Agenda Item No. 5(B) Attachment 1 RESOLUTION 2014–XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AUTHORIZING THE CITY MANAGER TO EXECUTE COOPERATIVE AGREEMENT NO. 07W.04 BETWEEN THE CONTRA COSTA TRANSPORTATION AUTHORITY (CCTA), CITY OF EL CERRITO, CONTRA COSTA COUNTY AND THE CITIES OF RICHMOND, HERCULES, PINOLE, AND SAN PABLO FOR CCTA’S FUNDING THE OPERATIONS AND MAINTENANCE (O&M) OF COMPONENTS OF THE I-80 INTEGRATED CORRIDOR MOBILITY (I-80 ICM) PROJECT WHEREAS, I-80 is one of the most congested corridors in the San Francisco Bay Area; and WHEREAS, with projected increase in travel demand, congestion will get worse and incident rates will increase causing additional congestion; and WHEREAS, I-80 Integrated Corridor Mobility (ICM) is a $93 million project along I-80, San Pablo Avenue and connecting arterials aimed to optimize the use of existing infrastructure by implementing state-of-the-art technologies to improve safety, reduce congestion, shorten travel times, provide real time information to motorists and improve air quality; and WHEREAS, the I-80 ICM Project is primarily funded through the 2006 California Infrastructure Bond Act (State Proposition 1B), including $55.3 million from the Corridor Mobility Improvement Account (CMIA) and $21.4 million from the Traffic Light Program (TLSP); and WHEREAS, the City of El Cerrito City Council approved Resolution No. 2012- 17 authorizing the execution of a Memorandum of Understanding (MOU) with the project partner agencies and the MOU indicated that the CCTA would seek funding for approximately 15 years of O&M of I-80 ICM components installed on local streets; and WHEREAS, on December 2013, the CCTA approved programming $2 million for this purpose in the 2013 Measure J Strategic Plan; and WHEREAS, Cooperative Agreement No. 07W.04 defines a framework to fund O&M of the I-80 ICM components installed on local streets and specifically provides a process for reimbursing West Contra Costa County jurisdictions, including El Cerrito, for the O&M costs. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of El Cerrito, that it hereby authorizes the City Manager to execute Cooperative Agreement No. 07W.04 between the Contra Costa Transportation Authority (CCTA), City of El Cerrito, Contra Costa County and the Cities of Richmond, Hercules, Pinole, and San Pablo for CCTA’s funding the O&M of components of the I-80 Integrated Corridor Mobility (I-80 ICM) Project. ---PAGE BREAK--- Page 2 BE IT FURTHER RESOLVED, that this Resolution shall become effective immediately upon passage and adoption. I CERTIFY that at a regular meeting on November 18, 2014 the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on November X, 2014. Cheryl Morse, City Clerk APPROVED: Janet Abelson, Mayor ---PAGE BREAK--- 1 COOPERATIVE AGREEMENT NO. 07W.04 This COOPERATIVE AGREEMENT (this “AGREEMENT”) is effective this ____day of 2014 among CONTRA COSTA TRANSPORTATION AUTHORITY, a local transportation authority (“AUTHORITY” or “CCTA”), CONTRA COSTA COUNTY, a political subdivision of the State of California (“CONTRA COSTA”), CITY OF RICHMOND, a municipal corporation of the State of California (“RICHMOND”), the CITY OF SAN PABLO, a municipal corporation of the State of California (“SAN PABLO”), the CITY OF PINOLE, a municipal corporation of the State of California (“PINOLE”), the CITY OF HERCULES, a municipal corporation of the State of California (“HERCULES”), and the CITY OF EL CERRITO, a municipal corporation of the State of California (“EL CERRITO”), and together with AUTHORITY, CONTRA COSTA, RICHMOND, SAN PABLO, PINOLE, EL CERRITO and HERCULES, are collectively referred to as the “PARTIES” and each separately, a “PARTY”. RECITALS THE PARTIES ENTER THIS AGREEMENT on the basis of the following facts, understandings and intentions: A. Pursuant to the Memorandum of Understanding (“MOU”) signed in May 2012 for the I‐80 Integrated Corridor Mobility (“I‐80 ICM”) project , CONTRA COSTA, RICHMOND, SAN PABLO, PINOLE, HERCULES, AND El CERRITO (each, a “PARTNER AGENCY” and collectively, the “PARTNER AGENCIES”), and AUTHORITY desire to enter into this AGREEMENT to define a framework to fund the operations and maintenance of I‐80 ICM components, as outlined in Exhibit A attached hereto and incorporated herein by reference. B. The MOU states that: Within Contra Costa County outside of State right‐of‐way, local jurisdictions will be responsible for operations and maintenance of ICM equipment, and may choose to contract with Contra Costa County for Agenda Item No. 5(B) Attachment 2 ---PAGE BREAK--- 2 maintenance. Local jurisdictions will not be responsible for funding the operations and maintenance of ICM equipment in perpetuity. CCTA will secure $2,000,000 in funding for operating and maintaining ICM equipment. This amount is estimated to fund about 15 years of operations and maintenance. CCTA will seek additional funding beyond the $2 million from regional and other sources. C. The PARTNER AGENCIES will operate and maintain I‐80 ICM equipment within their jurisdiction outside of the State of California’s right of way, and submit invoices to the AUTHORITY for such cost, which shall be reimbursed as provided in this AGREEMENT. NOW, THEREFORE, in consideration of the mutual agreements set forth above and the rights and obligations set forth in this AGREEMENT and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, AUTHORITY and each PARTNER AGENCY hereby agree to the following: SECTION 1 EACH PARTNER AGENCY AGREES TO: A. Operate and maintain I‐80 ICM equipment within its jurisdiction, outside of the State of California’s right of way as outlined in the MOU, through its personnel or by contracting with a third party. B. Submit invoices to AUTHORITY delineating maintenance and operation cost for each I‐80 ICM component, and certification that costs incurred have not been reimbursed. C. Maintain true and complete records in connection with the PROJECT, for at least thirty‐six (36) months after the delivery of the invoices to the AUTHORITY. D. Allow the AUTHORITY upon its request to audit all expenditures for I‐80 ICM Operations and Maintenance funded through this AGREEMENT. For the duration of each fiscal year of the I‐80 ICM project, and for four years following the end of each fiscal year of the I‐ 80 ICM project, or four years following the earlier termination of the AGREEMENT, each PARTNER AGENCY will make available to the AUTHORITY all records relating to expenses incurred in performance of this AGREEMENT. ---PAGE BREAK--- 3 SECTION 2 AUTHORITY AGREES TO: A. Program $2,000,000 in Measure J funds for operating and maintaining I‐80 ICM equipment within PARTNER AGENCIES’ jurisdictions outside of the State of California’s right of way, as outlined in the MOU. B. Reimburse each PARTNER AGENCY after receipt of each invoice for operation and maintenance costs associated with the I‐80 ICM project within the PARTNER AGENCY’S jurisdiction, as outlined in the MOU. C. Notify each PARTNER AGENCY one year prior to the anticipated depletion of the $2 million in Measure J funds programmed for I‐80 ICM operations and maintenance. D. Seek additional funds for operations and maintenance from regional, state and other sources, in accordance with the MOU. SECTION 3 IT IS MUTUALLY AGREED AMONG AUTHORITY AND PARTNER AGENCIES: A. Term. The term of this AGREEMENT shall commence on December 1, 2014 and shall remain in effect until terminated as provided in Subsection I of this Section 3. B. Additional Acts and Documents. Each PARTY agrees to do all such things and take all such actions, and to make, execute, and deliver such other documents and instruments, as shall be reasonably requested by each other party to carry out the provisions, intent, and purpose of the AGREEMENT. C. Amendment. This AGREEMENT may not be changed, modified, or rescinded except in writing, signed by all PARTIES hereto, and any attempt at oral modification of this AGREEMENT shall be void and of no effect. ---PAGE BREAK--- 4 D. Assignment. This AGREEMENT may not be assigned, transferred, hypothecated, or pledged by any PARTY without the express written consent of the other PARTIES. E. Binding on Successors. This AGREEMENT shall be binding upon the successors, assignees and transferees of the PARTIES. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this AGREEMENT other than as provided in Subsection D of this SECTION 3, above. F. Indemnification. i. AUTHORITY hereby agrees to indemnify, defend, assume all liability for, and hold harmless each PARTNER AGENCY, its officers, employees, agents, and representatives, to the maximum extent allowed by law, from all actions, claims, suits, penalties, obligations, liabilities, damages to property, costs, and expenses (including, without limitation, any fines, penalties, judgments, actual litigation expenses and experts’ and attorneys’ fees), environmental claims, and bodily or personal injuries or death to any persons (collectively, “CLAIMS”) arising out of or in any way connected to AUTHORITY, its officers, agents, or employees in connection with or arising from any of its obligations under this AGREEMENT. However, the AUTHORITY shall not be required to indemnify any PARTNER AGENCY for any CLAIMS that arise from the sole negligence or willful misconduct of the PARTNER AGENCY. This indemnification shall survive the termination of the AGREEMENT. ii. Each PARTNER AGENCY hereby agrees to indemnify, defend, assume all liability for and hold harmless AUTHORITY and its member agencies, officers, employees, agents and representatives, to the maximum extent allowed by law, from all CLAIMS arising out of or in any way connected to the PARTNER AGENCY, its officers, agents, or employees in connection with or arising from any of its obligations under this AGREEMENT. However, the PARTNER AGENCY shall not be required to indemnify AUTHORITY for any CLAIMS that arise from the sole negligence or willful misconduct of the AUTHORITY. This indemnification shall survive the termination of the AGREEMENT. iii. Each PARTNER AGENCY hereby agrees to indemnify, defend, assume all liability for, and hold harmless each other PARTNER AGENCY, its officers, employees, agents, and representatives, to the maximum extent allowed by law, from all CLAIMS arising from the ---PAGE BREAK--- 5 indemnifying PARTNER AGENCY’s operation and maintenance of I‐80 ICM equipment within the PARTNERS AGENCY’s jurisdiction pursuant to this AGREEMENT. However, no PARTNER AGENCY shall be required to indemnify any other PARTNER AGENCY for any CLAIMS that arise from the sole negligence or willful misconduct of that other PARTNER AGENCY. This indemnification shall survive the termination of this AGREEMENT. G. Compliance with Laws. AUTHORITY and each of the PARTNER JURISDICTIONS shall comply with all applicable federal and state laws and regulations regarding the work performed and the reimbursements requested under this agreement. H. Notices. All required or permitted payments, reports, demands, and notices may be sent by regular mail or electronic mail or personally delivered. Notices that are mailed by regular mail shall be deemed delivered two business days after deposited in the mail. Notices may be personally delivered and shall be deemed delivered at the time delivered to the appropriate address set forth below. Notices delivered by electronic mail shall be deemed received upon the sender’s receipt of an acknowledgment from the intended recipient (such as by the “return receipt requested” function, as available, return electronic mail or other written acknowledgment of receipt); provided that, if such notice is not sent during normal business hours of the recipient, such notice shall be deemed to have been sent at the opening of business on the next business day of the recipient. Unless and until notified otherwise in writing, a PARTY shall send or deliver all such communications relating to this AGREEMENT to the following address: Hisham Noeimi Contra Costa Transportation Authority 2999 Oak Road, Suite 100 Walnut Creek, CA 94597 [EMAIL REDACTED] Julie Bueren Public Works Director Contra Costa County 255 Glacier Drive Martinez, CA 94553 [EMAIL REDACTED] ---PAGE BREAK--- 6 Steven Tam City of Richmond 450 Civic Center Plaza Richmond, CA 94804 [EMAIL REDACTED] Yvette Ortiz City of El Cerrito 10890 San Pablo Avenue El Cerrito, CA 94530 [EMAIL REDACTED]‐cerrito.ca.us Dean Allison City of Pinole 2131 Pear Street Pinole, CA 94564 [EMAIL REDACTED] Jeff Brown City of Hercules 111 Civic Drive Hercules, CA 94547 [EMAIL REDACTED] Matt Rodriguez City of San Pablo 13831 San Pablo Avenue San Pablo, CA 94806 [EMAIL REDACTED] I. Termination of Agreement. A PARTY may terminate this AGREEMENT at any time by giving written notice of termination to each of the other PARTIES specifying the effective date thereof; provided that any notice of termination shall be given at least thirty (30) days before its effective date. J. Entire Agreement. This AGREEMENT is the entire agreement among AUTHORITY and the PARTNER AGENCIES relating to the subject matter of this AGREEMENT. All PARTIES acknowledge they have not relied upon any promise, representation, or warranty not expressly set forth in this AGREEMENT in executing this AGREEMENT. If any provision of this AGREEMENT is void or otherwise unenforceable, the remainder of the AGREEMENT shall ---PAGE BREAK--- 7 continue in full force and effect. Any changes to the terms and provisions of this AGREEMENT or affecting the obligations of the PARTIES set forth in this AGREEMENT shall be by written amendment signed by all PARTIES. K. Severability. Should any part of this AGREEMENT be declared unconstitutional, invalid, or beyond the authority of a PARTY to enter into or carry out, such decision shall not affect the validity of the remainder of this AGREEMENT which shall continue in full force and effect; provided that the remainder of this AGREEMENT can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the PARTIES. L. Waiver. No waiver by a PARTY of any default or breach of any covenant, term, or conditions in this AGREEMENT by the other PARTIES shall be implied from any omission to take action on account of such default if such default persists or is repeated and no express waiver shall affect any default other than the default specified in such waiver and then such waiver shall be operative only for the time and to the extent stated in such waiver. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. No waiver of any provision under this AGREEMENT shall be effective unless in writing and signed by the waiving PARTY. M. Controlling Law and Venue. This AGREEMENT and all matters relating to it shall be governed by the laws of the State of California. N. Authority. All PARTIES executing this AGREEMENT represent and warrant that they are authorized to do so. O. Counterparts. This AGREEMENT may be executed in counterparts. P. Limitations. All obligations of AUTHORITY under the terms of this AGREEMENT are expressly subject to the AUTHORITY’S continued authorization to collect and expend the sales tax proceeds provided by MEASURE C and MEASURE J. If for any reason the AUTHORITY’S right to collect or expend such sales tax proceeds is terminated or suspended in whole or part, the AUTHORITY shall notify PARTNER JURISDICTIONS, and the PARTIES shall consult on a course of action. If, after twenty five (25) working days, a course of action is not agreed upon by the parties, this AGREEMENT shall be deemed terminated by mutual or joint consent; provided, that any obligation to fund from the date of the notice shall be expressly limited by ---PAGE BREAK--- 8 and subject to the lawful ability of the AUTHORITY to expend sales tax proceeds for the purposes of this AGREEMENT; and (ii) the availability, taking into consideration all the obligations of the AUTHORITY under all outstanding contracts, agreement to other obligations of the AUTHORITY, of funds for such purposes. [Signatures on the following pages] ---PAGE BREAK--- 9 CONTRA COSTA TRANSPORTATION AUTHORITY By: Kevin Romick, Chair Date 2014 APPROVED AS TO FORM: By: Malathy Subramanian, General Counsel 2014 ---PAGE BREAK--- 10 CONTRA COSTA COUNTY By: Julie Bueren, Public Works Director Date 2014 APPROVED AS TO FORM: Sharon Anderson, County Counsel By: Deputy County Counsel 2014 ---PAGE BREAK--- 11 CITY OF RICHMOND By: Date 2014 APPROVED AS TO FORM: By 2014 ---PAGE BREAK--- 12 CITY OF EL CERRITO By: Scott Hanin, City Manager Date 2014 APPROVED AS TO FORM: By: Sky Woodruff, City Attorney 2014 ---PAGE BREAK--- 13 CITY OF PINOLE By: Date 2014 APPROVED AS TO FORM: By: 2014 ---PAGE BREAK--- 14 CITY OF HERCULES By: Date 2014 APPROVED AS TO FORM: By: 2014 ---PAGE BREAK--- 15 CITY OF SAN PABLO By: Date 2014 APPROVED AS TO FORM: By: 2014 ---PAGE BREAK--- Exhibit A ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK---