HomeMy WebLinkAbout04 APPROVE COOPERATIVE AGREEMENT WITH OCTA FOR SLPP FORMULA GRANT PROJECTSTO: JEFFREY C. PARKER, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVE COOPERATIVE AGREEMENT NOS. C-2-1822, C-2-1852, AND
C-2-1857 WITH THE OCTA FOR STATE-LOCAL PARTNERSHIP
PROGRAM (SLPP) FORMULA GRANT PROJECTS
SUMMARY
Staff is requesting that the City Council approve Cooperative Agreement Nos, C-2-1822, C-2-1852,
and C-2-1857 with the Orange County Transportation Authority (OCTA) for implementation of projects
under the State-Local Partnership Program (SLPP) Formula Grant, including the Enderle Center
Drive and Vandenberg Lane Intersection Safety Enhancements Project CIP No. 40078, the Newport
Avenue Bicycle Trail Reconstruction Project between Main Street and Irvine Boulevard CIP No.
70219, the McFadden Avenue Rehabilitation Project between Mantle Lane and Pasadena Avenue
CIP No. 70213, and the Irvine Boulevard Rehabilitation Project between Prospect Avenue and Holt
Avenue CIP No. 70218.
RECOMMENDATION
It is recommended that the City Council approve Cooperative Agreement Nos. C-2-1822, C-2-1852,
and C-2-1857 with the Orange County Transportation Authority for the Enderle Center Drive and
Vandenberg Lane Intersection Safety Enhancements Project, the Newport Avenue Bicycle Trail
Reconstruction Project between Main Street and Irvine Boulevard, the McFadden Avenue
Rehabilitation Project between Mantle Lane and Pasadena Avenue, and the Irvine Boulevard
Rehabilitation Project between Prospect Avenue and Holt Avenue, and authorize the Mayor and City
Clerk to execute the documents on behalf of the City.
FISCAL IMPACT
The total State Proposition 1 B SLPP Formula Grant Funds awarded to the City of Tustin is $592,911,
which includes the City of Tustin's formula share in the amount of $519,411 and the City of Santa
Ana's formula share for their portion of the McFadden Avenue Rehabilitation Project in the amount of
$73,500. A summary is provided below:
Newport Avenue Bicycle Trail Reconstruction Project
between Main Street and Irvine Boulevard
Enderle Center Drive and Vandenberg Lane $70,000 $35,000
Intersection Safety Enhancements Project
McFadden Avenue Rehabilitation Project Tustin . $350,00Q $175,000
between Mantle Lane and Pasadena Avenue Santa Ana: 147 000 $73 ,50
$497,000 � $248,500
Cooperative Agreements for State -Local Partnership Program (SLPP) Formula Grant Projects
December 18, 2012
Page 2
Irvine Boulevard Rehabilitation Project
$330,000
$109,411
between Prospect Avenue and Holt Avenue
Totals:
$1,297,000
$592,911
The City is required to provide a dollar- for - dollar match, using Measure M1 Turnback or Measure M2
Fair Share Funds. A total of $575,000 of Measure M1 Turnback/Measure M2 Fair Share Funds has
been budgeted and appropriated in the FY 2012 -2013 Capital Improvement Program for the City of
Tustin's match for these projects. In addition, $73,500 of General CIP Funds has been budgeted and
appropriated to cover the up -front costs of the City of Santa Ana's match for the McFadden Avenue
Rehabilitation Project, which will be reimbursed under a cooperative agreement with the City of Santa
Ana.
Anticipated SLPP Funds were budgeted in the FY 2012 -2013 Capital Improvement Program for the
Irvine Boulevard Rehabilitation Project in the amount of $165,000. The difference of $55,589
between $165,000 and the actual CTC allocation of $109,411 will be adjusted with mid -year budget,
utilizing Measure M1 Turnback and /or Measure M2 Fair Share Funds.
DISCUSSION /BACKGROUND
California voters approved the Proposition 1 B Highway Safety, Traffic Reduction, Air Quality, and Port
Security Bond Act of 2006, which makes State and Local Partnership Program (SLPP) funds
available to the Orange County Transportation Authority (OCTA). Of the total SLPP funds available,
the OCTA has programmed $34.7 million for highway projects and $27.9 million to local agency
projects. To utilize OCTA's remaining share of SLPP funds, estimated to be between $20 million and
$21 million, OCTA will distribute funds on a formula basis to local Orange County agencies for eligible
projects under the SLPP Formula Grant Call for Projects. Local agencies are required to contribute a
dollar- for - dollar match utilizing transportation sales tax funds.
On April 23, 2012, the Board of Directors of the OCTA approved the guidelines for local agencies to
apply for funding under the SLPP Formula Grant and authorized their staff to issue a one -time call for
projects. Eligible projects include, but are not limited to, improvements to the local road system,
including major roadway rehabilitation, resurfacing, or reconstruction that extends the useful life by at
least fifteen (15) years; new construction of facilities to increase capacity, improve mobility, or
enhance safety; and improvements to bicycle or pedestrian safety or mobility with a useful life of at
least fifteen (15) years. Only the construction phase of a project is eligible.
On June 19, 2012, the City Council adopted Resolution No. 12 -55, approving the submittal of
applications for four priority projects and one backup project. The California Transportation
Commission (CTC), at their September 27, 2012 meeting, programmed funding for the four priority
projects submitted, namely the Enderle Center Drive and Vandenberg Lane Intersection Safety
Enhancements Project, the Newport Avenue Bicycle Trail Reconstruction Project between Main
Street and Irvine Boulevard, the McFadden Avenue Rehabilitation Project between Mantle Lane and
Pasadena Avenue, and the Irvine Boulevard Rehabilitation Project between Prospect Avenue and
Holt Avenue. The McFadden Avenue Rehabilitation and Irvine Boulevard Rehabilitation Projects
were combined into one cooperative agreement.
The southerly twenty (20) feet of the existing street right -of -way on McFadden Avenue between
Mantle Lane and the 55 Freeway, lies within the City of Santa Ana. Therefore, a Cooperative
Agreement will be established between the City of Tustin and the City of Santa Ana for the McFadden
Avenue Rehabilitation Project, with the City of Tustin acting as the lead agency for the project.
S \Cny Council Items\2012 Council Items\Approve Coop Agreements with OCTA for SLPP Formula Grant Projects.doc\
Cooperative Agreements for State -Local Partnership Program (SLPP) Formula Grant Projects
December 18, 2012
Page 3
Projects utilizing SLPP funds will be subject to the SLPP requirements and require additional
reporting over and above the documentation normally required by M2. However, by using SLPP
funding, the City is able to advance these four projects that would have normally remained unfunded
and carried forward for future years. The City Attorney has reviewed and approved the agreements
as to form.
Stack, P.E.
Public Works /City Engineer
Attachment(s): 1. Cooperative Agreement No. C -2 -1822
2. Cooperative Agreement No. C -2 -1852
3 Cooperative Agreement No. C -2 -1857
S. \City Council Items\2012 Council Items\Approve Coop Agreements with OCTA for SLPP Formula Grant Projects.docx
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COOPERATIVE AGREEMENT C -2 -1822
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF TUSTIN
FOR
PROPOSITION 1 B STATE -LOCAL PARTNERSHIP PROGRAM CALL FOR PROJECTS
THIS AGREEMENT is effective this day of 2012, by and
between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184,
Orange, California 92863, a public corporation of the State of California (hereinafter referred to as
"AUTHORITY'), and the City of Tustin, 300 Centennial Way, Tustin, CA 92780, a municipal
corporation duly organized and existing under the constitution and laws of the State of California
(hereinafter referred to as "CITY'), mutually referred to herein as "PARTIES" or each individually as
a "PARTY'.
RECITALS:
WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define
the roles and responsibilities related to funding between AUTHORITY and CITY for the
Enderle Center Drive and Vandenberg Lane Intersection Safety Enhancements (hereinafter referred
to as "PROJECT') as defined by the project description provided by CITY in its application for the
State -Local Partnership Program Formula Grant Call for Projects, incorporated herein by reference;
and
WHEREAS, the California Transportation Commission (CTC) programs and allocates the
Proposition 1 B Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006;
(Proposition 1 B) State -Local Partnership Program (SLPP) funds on behalf of the State of California;
and
WHEREAS, the California Department of Transportation (Caltrans) administers the SLPP
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COOPERATIVE AGREEMENT NO. C -2 -1822
program on behalf of the State of California and the California Transportation Commission (CTC),
including direct reimbursement of SLPP funds to the CITY for project activities; and
WHEREAS, AUTHORITY is responsible for programming the formula SLPP funds to specific
projects within Orange County; and
WHEREAS, the CITY will be the direct recipient of SLPP funds from the State and will act as
lead agency for environmental, engineering, right -of -way, construction and construction
management of the PROJECT; and
WHEREAS, CITY is responsible to request and receive approvals from the appropriate State
and Local agencies in order to proceed or commence each phase of PROJECT for performance
under this Agreement; and
WHEREAS, SLPP funding for PROJECT is contingent upon funding being available through
both allocation by the CTC and availability of SLPP funds, and CITY maintaining eligibility for this
funding for PROJECT and maintaining eligibility under Ordinance No. 3 to provide match funding;
and
WHEREAS, CITY commits Seventy Five Thousand Dollars ($75,000) in local agency funds
for the preliminary engineering phase; and
WHEREAS, on July 23, 2012 AUTHORITY's Board of Directors, approved programming of
Thirty Five Thousand Dollars ($35,000) in SLPP funds for the construction phase of PROJECT, to
be matched with Thirty Five Thousand Dollars ($35,000) of Measure M2 Fair Share (M2 Fair Share)
local match for a total construction phase cost of Seventy Thousand Dollars ($70,000) for the
PROJECT in accordance with Exhibit A titled "SLPP Funding Plan ", which is attached herein and
incorporated by reference; and
WHEREAS, PARTIES agree CITY will adhere to M2 Comprehensive Transportation Funding
Programs Master Funding Agreement C -1 -2786 executed between CITY and AUTHORITY; and
WHEREAS, PARTIES agree that CITY's SLPP local match funding requirements for
PROJECT will be provided from CITY's Measure M Turnback or M2 Fair Share distribution and shall
l C
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COOPERATIVE AGREEMENT NO. C -2 -1822
be used as a dollar- for - dollar match for the SLPP funds approved for PROJECT; and
WHEREAS, this Cooperative Agreement (Agreement) defines the specific terms and
conditions and funding responsibilities between AUTHORITY and CITY for completion of the
PROJECT; and
WHEREAS, AUTHORITY's Board of Directors approved this Cooperative Agreement on
July 23, 2012; and
follows:
WHEREAS, CITY's Council approved this Cooperative Agreement on this day of
2012; and
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable
by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of
this agreement between PARTIES and it supersedes all prior representations, understandings, and
communications. The invalidity in whole or in part of any term or condition of this Agreement shall
not affect the validity of other term(s) or conditions(s) of this Agreement. The above referenced
Recitals are true and correct and are incorporated by reference herein.
B. AUTHORITY'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
AUTHORITY'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 AUTHORITY except when specifically confirmed
in writing by an authorized representative of AUTHORITY by way of a written amendment to this
Agreement and issued in accordance with the provisions of this Agreement.
C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any
term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
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COOPERATIVE AGREEMENT NO. C -2 -1822
CITY's right to such performance or to future performance of such term(s) or condition(s), and
AUTHORITY's obligation in 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.
ARTICLE 2. SCOPE OF AGREEMENT
This Cooperative Agreement specifies the terms and conditions, roles and responsibilities of
the PARTIES as they pertain to the subjects and projects addressed herein. PARTIES 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.
ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
AUTHORITY agrees to the following responsibilities for PROJECT:
A. AUTHORITY shall formally request on behalf of CITY that the Southern California
Association of Governments (SCAG) amend the Federal Transportation Improvement Program
(FTIP) to program PROJECT in accordance with the funding plan outlined in Exhibit A, whereby
AUTHORITY's performance under this Agreement is contingent upon SCAG, Caltrans, and Federal
Highways Administration (FHWA) approval.
B. AUTHORITY shall request that the CTC program Thirty Five Thousand Dollars
($35,000) in SLPP funds for the construction phase of PROJECT contingent on the availability of
funds, and is not obligated to program or provide any amount above the funding identified in this
Article.
C. AUTHORITY shall provide assistance to CITY in securing the SLPP funds.
D. AUTHORITY shall review and approve CITY's request for allocation prior to submittal
to Caltrans District 12.
E. AUTHORITY shall cancel PROJECT if CITY has not submitted a completed CTC
allocation request to the AUTHORITY by December 31, 2012.
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COOPERATIVE AGREEMENT NO. C -2 -1822
F. AUTHORITY shall cancel PROJECT if CITY has not completed preconstruction
activities, including California Environmental Quality Act (CEQA) environmental approval and any
required right of way certification allowing project to be ready to advertise by December 31, 2012.
G. AUTHORITY shall cancel project if CITY has not awarded a construction contract for
project(s) within six (6) months of CTC allocation and has not received an approved extension from
the CTC.
H. AUTHORITY shall cancel PROJECT if the CITY receives an approved extension from
the CTC and does not award the project within the award extension deadline. If PROJECT is
cancelled, CITY is not entitled to the SLPP funds.
ARTICLE 4. RESPONSIBILITIES OF CITY
CITY agrees to the following responsibilities for PROJECT:
A. CITY is the direct recipient of SLPP funds and will act as the lead agency for the
environmental, engineering, right -of -way, construction, and construction management of PROJECT.
B. CITY agrees that AUTHORITY is responsible for programming Thirty Five Thousand
Dollars ($35,000) in SLPP funds for the construction phase of PROJECT and is not obligated to
program or provide any amount beyond the amount identified in this Article.
C. CITY is responsible for adhering to Chapter 378, Statutes of 2011 (Assembly Bill 436)
Compliance Monitoring Unit.
D. CITY is responsible for preparing and submitting to AUTHORITY
all CTC documentation needed for allocation vote for SLPP funds and completing all tasks required
in order to legally advertise the project for construction ninety (90) calendar days prior to CTC
meeting and no later than December 31, 2012.
E. CITY is responsible for notifying AUTHORITY immediately of any expected delays or
changes to PROJECT that deviate from Exhibit A.
F. CITY is responsible for preparing and submitting all necessary CTC and Caltrans
documentation including the allocation request. All prior approvals, including but not limited to CTC
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COOPERATIVE AGREEMENT NO. C -2 -1822
environmental approval by December 31, 2012 and right -of -way certification (if applicable) by
December 31, 2012, must be attained prior to submittal of the construction allocation request.
G. CITY may proceed with advertisement of PROJECT prior to CTC allocation approval,
but may not award any project contract or start any construction phase work prior to CTC allocation
of SLPP funds or Letter of No Prejudice (LONP) approval.
H. CITY is required to award a contract within six (6) months following the date of CTC
allocation but may request one six (6) month extension for contract award. Extension request must
be submitted 90 calendar days before contract award deadline. If an extension is granted, CITY
agrees to award a contract within the award extension deadline.
I. CITY agrees to provide a dollar- for - dollar match within the construction phase to
match SLPP funding in CITY's Measure M1 Turnback or M2 Fair Share revenues. Based on the
existing budget, this amount is estimated to be Thirty Five Thousand Dollars ($35,000). Actual
funding amount will be determined at CTC allocation and at contract award.
J. CITY agrees that the overall construction and construction management budget for
PROJECT is Seventy Thousand Dollars ($70,000); contingent on availability of SLPP funding and
CTC allocation.
K. CITY agrees that any cost overruns or any additional funding required to complete
the project(s) shall be the responsibility of CITY and not the responsibility of AUTHORITY.
L. CITY will submit semi - annual project status reports for the PROJECT to the
AUTHORITY due on January 15 for the prior six (6) month period, beginning on July 1, and ending
on December 31, and due on July 15 for the prior six (6) month period, beginning on January 1 and
ending on June 30 with Exhibit B titled "Semi - Annual Report".
M. CITY will submit a final project report to the CTC within six months of project
becoming operable in accordance with the 2011 -2013 CTC SLPP Guidelines and Proposition 1B
Project Close Out Process.
N. CITY will submit a final report to AUTHORITY within six (6) months of Caltrans
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COOPERATIVE AGREEMENT NO. C -2 -1822
payment of final billing for PROJECT in accordance with Exhibit C titled "Final Project Report Form."
O. CITY is responsible for completing PROJECT in accordance with the funding plan
(EXHIBIT A), timely use of funds requirements, and for abiding by all 2011 -2013 CTC SLPP
Guidelines, OCTA SLPP Formula Grant Call for Projects program guidelines and procedures, State
Transportation Improvement Program Guidelines, and any and all other requirements of the State,
CTC, and Caltrans related to SLPP funding, including but not limited to the Caltrans Local
Assistance Program Guidelines and Local Assistance Procedures Manual.
P. CITY is responsible for submitting quarterly review reports for PROJECT to Caltrans.
Reports must be copied to AUTHORITY.
Q. CITY understands that if PROJECT is cancelled or cannot meet the
December 31, 2012 allocation submittal deadline or allocate funds to a project by June 30, 2013, the
SLPP funding will be withdrawn from CITY and will be redistributed to other AUTHORITY projects.
ARTICLE 5. DELEGATED AUTHORITY
The actions required to be taken by CITY in the implementation of this Agreement are
delegated to each Director of Public Works, or designee, and the actions required to be taken by
AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief
Executive Officer, or designee.
ARTICLE 6. AUDIT AND INSPECTION
PARTIES shall maintain a complete set of records in accordance with generally accepted
accounting principles. Upon reasonable notice, CITY shall permit the authorized representatives of
AUTHORITY 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 final payment, or until any on -going audit is
completed. For purposes of audit, the date of completion of this Agreement shall be the date of
Caltrans' payment of CITY's final billing (so noted on the invoice) under this Agreement.
AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above
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COOPERATIVE AGREEMENT NO. C -2 -1822
provision with respect to audits shall extend to and /or be included in construction contracts with
CITY's contractor.
ARTICLE 7. INDEMNIFICATION
A. CITY shall each indemnify, defend and hold harmless AUTHORITY, its officers,
directors, employees and agents from and against any and all claims (including attorney's fees and
reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including
death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be
caused by the negligent acts, omissions or willful misconduct by either CITY, its officers, directors,
employees or agents in connection with or arising out of the performance of this Agreement.
B. AUTHORITY shall indemnify, defend and hold harmless both CITY, its officers,
directors, employees and agents from and against any and all claims (including attorney's fees and
reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including
death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be
caused by the negligent acts, omissions or willful misconduct by either AUTHORITY, its officers,
directors, employees or agents in connection with or arising out of the performance of this
Agreement.
C. The indemnification and defense obligations of this Agreement shall survive its
expiration or termination.
ARTICLE 8. ADDITIONAL PROVISIONS
PARTIES agree to the following mutual responsibilities:
A. Term of Agreement: This Agreement shall continue in full force and effect through
PROJECT completion, final acceptance by AUTHORITY, Caltrans' payment of the CITY's final
billing, or 42 months from the date of CTC allocation, whichever is earlier. This Agreement may be
extended at the mutual consent of all PARTIES.
B. Termination: This Agreement is null and void if PROJECT is not funded. AUTHORITY
shall cancel PROJECT for which CITY has not awarded a contract twelve months after the date of
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COOPERATIVE AGREEMENT NO. C -2 -1822
CTC allocation, or has not advanced the PROJECT to ready to list stage as determined by
AUTHORITY. This Agreement may be terminated by either PARTY after giving thirty (30) calendar
days written notice. This Agreement shall not be terminated without mutual agreement of all
PARTIES.
C. This Agreement may be amended in writing at any time by the mutual consent of all
PARTIES. No amendment shall have any force or effect unless executed in writing by all PARTIES.
D. PARTIES shall comply with all applicable federal, state, and local laws, statutes,
ordinances and regulations of any governmental authority having jurisdiction over the PROJECT.
E. Legal Authority: PARTIES 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.
F. 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.
G. 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.
H. Force Maieure: Each of the PARTIES 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 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
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COOPERATIVE AGREEMENT NO. C -2 -1822
negligence of the PARTY not performing.
I. Assignment: Neither this Agreement, nor any of the PARTIES' rights, obligations,
duties, or authority hereunder may be assigned in whole or in part by any PARTY without the prior
written consent of the other PARTIES in their sole and absolute discretion. Any such attempt of
assignment shall be deemed void and of no force and effect. Consent to one 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.
L. Litigation fees: Should litigation arise out of this Agreement for the performance
thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing
PARTY.
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COOPERATIVE AGREEMENT NO. C -2 -1822
M. Notices: Any notices, requests, or demands made between the PARTIES pursuant
to this Cooperative Agreement are to be directed as follows:
To CITY:
To AUTHORITY:
City of Tustin
Orange County Transportation Authority
300 Centennial Way,
550 South Main Street
Tustin, CA 92780
P. O. Box 14184
Orange, CA 92863 -1584
Attention:
Attention: Meena Katakia
Dana R. Kasdan
Manager, Capital Projects
Tel: 714- 573 -3171
Tel: 714 - 560 -5694
E -mail: dkasdan @tustinca.org
E -mail: mkatakia @octa.net
Cc:
Cc: Louis Zhao, Associate Transportation
Funding Analyst
N. Successors and Assigns: The provisions of this Agreement shall bind and inure to
the benefit of each of the PARTIES hereto, and all successors or assigns of the PARTIES hereto.
O. Time is of the Essence: Time is of the essence for the work identified in Exhibit A. All
work must be completed no later than 36 months from contract award or consistent with CTC timely
use of funds requirements.
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COOPERATIVE AGREEMENT NO. C -2 -1822
This Cooperative Agreement shall be effective upon execution by all PARTIES.
IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement
No. C -2 -1822 to be executed on the date first above written.
CITY OF TUSTIN ORANGE COUNTY TRANSPORTATION AUTHORITY
By:
John Nielsen
Mayor
ATTEST:
By:
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
By: j5.
David Kendig
City Attorney
Dated:
Attachments:
Exhibit A: SLPP Funding Plan
Exhibit B: Semi Annual Report Form
Exhibit C: Final Project Report Form
L'. Cam CLERICAL% CLERICAL \WOROPROCAGREEWG21BM2.dm
Bv:
Will Kempton
Chief Executive Officer
APPROVED AS
TO FORM:
By: VG
Kennard R. Smart, J .
General Counsel
APPROVAL RECOMMENDED:
By:
Kia Mortazavi
Executive Director, Planning
Dated:
Page 12 of 12
AGREEMENT NO. C -2 -1822
EXHIBIT A
SLPP FUNDING PLAN
PROPOSITION 113 STATE -LOCAL PARTNERSHIP PROGRAM
CALL FOR PROJECTS
Enderle Center Drive and Vandenberg Lane intersection safety enhancements
Proiect Schedule and Funding
Schedule
Completion Date
Final Environmental Document
8/31/2012
Begin Design Engineering
7/2/2012
Plans, Specifications, and Cost Estimates complete
11/30/2012
Start Right-of-Way Acquisition
N/A
Right-of-Way Certification
N/A
California Transportation Commission Allocation
3/6/2013
Award Construction Deadline
9/5/2013
Project Completion (open for use
12/1/2013
Construction funding authorized through this agreement:
Funding
P1 B SLPP: $35,000 M1 or M2 Fair Share: $35,000
Preliminary Engineering
Fund Source
Fiscal Year
Original Planned
Allocation
Proportion
M1 Turn Back
Prior
$45,000
60%
M1 Turn Badk
2012 -2013
$30,000
40%
TOTAL
$75,000
100%
Right-of-Way
Fund Source
Fiscal Year
Original Planned
AI location
Proportion
N/A
N/A
N/A
N/A
TOTAL
$0
N/A
Construction
Fund Source
Fiscal Year
Original Planned
Allocation Range
Proportion
P1 B SLPP1
2012 -2013
1 $35,000
50%
M2 Fair Share
2012 -2013
$35,000
50%
TOTAL
$70,000
100%
Pit; SLPP and M7 or M2 Fair Share will remain equal. If needed, amounts will be reduced proportionally.
AGREEMENT NO. C -2 -1822
EXHIBIT B
SEMI ANNUAL REPORT FORM
Project Title:
Agency: Date:
Schedule
Original
Current
Completion
Completion
Date
Date
Draft Environmental Document
Fiscal
Year
Planned
Obligation
Final Environmental Document
Actual
Expended
Remaining
Allocation
Begin Design Engineering
Plans, Specifications, and Cost Estimates complete
Start Right-of-Way Acquisition
Right-of-Way Certification
Submit Request for Authorization for Const E -76
Ready to Advertise
Award Construction
Project Completion (open for use
Funding Table:
Preliminary Engineerinq ($000's)
Fund Source
Fiscal
Year
Planned
Obligation
Current
Estimates
Actual
Expended
Remaining
Allocation
Right -of -Way ($000's)
Fund Source
Fiscal
Year
Planned
Obligation
Current
Estimates
Actual
Expended
Remaining
Allocation
Construction ($000's)
Fund Source
Fiscal
Year
Planned
Obligation
Revised
Allocation
Actual
Expended
Remaining
Allocation
Major Activities:
Status:
Issues:
Name/ -
Phone:
AGREEMENT NO. C -2 -1822
EXHIBIT B
2
AGREEMENT NO. C-2-1822
EXHIBIT C
MEXHIBIT C: FINAL PROJECT REPORT FORM
OCTA Date
Instructions
The responsible agency should fill out the following: 1) Final Project Form, 2) Final Cost, 3) Certificate of
Completion. In addition, the agency must attach before (if available) and after photographs of the project site
and the address or location of the site under the Location and Scope of work section.
Location and Scope of Work
Verification of Match
(Actual Expenditures)
Proiect Schedule
Phais
Proposed,
Actual:
Draft Environmental Document
Final Environmental Document
... . ... .
Begin Design Engineering
Other
{ENTER
{E TIrl
T E
SLPR,,'
OCTA
Pft'
R
F ormula
Funding,
Total
Engineering
$ -
$ -
$
$ -
$
Right-of-Way
$ -
$ -
$
$ -
$ -
$ -
Construction
$ -
$ -
$
$
$
$
Total
$ -
$ -
$
$
$
$
Proiect Schedule
Phais
Proposed,
Actual:
Draft Environmental Document
Final Environmental Document
Begin Design Engineering
Plans, Specifications, and Cost Estimates complete
Start Right-of-Way Acquisition
Right-of-Way Certification
Ready to Advertise
,Award Construction
JProject Completion (open for use
Match
Rot
0%
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OCTA
SLPP: FINAL COST
AGREEMENT NO. C -2 -1822
EXHIBIT C
Page 2
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OCTA
SLPP: FINAL COST
AGREEMENT NO. C -2 -1822
EXHIBIT C
I hereby certify that the statements provided here are true and correct.
Project Title
Yes No N/A
1 The project is designed to city /county and other participating jurisdictions' standards.
❑
❑
❑
2 The project contract was awarded on: I ENTER DATE
❑
❑
❑
3 The total cost of the contract is equal to or less than the total TE
❑
❑
❑
funds awarded and matching funds provided.
4 The city/county provided matching funds to the project.
❑
❑
❑
5 Right -of -way was acquired in conformance with city/county procedures.
❑
❑
❑
5 All required environmental documentation is complete and certified.
❑
❑
❑
I An updated project schedule is included with the final invoice.
❑
❑
❑
3 The final invoice is attached with all the necessary documentation.
❑
❑
❑
Name
Title JPublic Works Director
Signature Date C�
Page 3
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COOPERATIVE AGREEMENT C -2 -1852
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF TUSTIN
FOR
PROPOSITION 1B STATE -LOCAL PARTNERSHIP PROGRAM CALL FOR PROJECTS
THIS AGREEMENT is effective this day of
2012, by and
between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184,
Orange, California 92863, a public corporation of the State of California (hereinafter referred to as
"AUTHORITY "), and the City of Tustin, 300 Centennial Way, Tustin, CA 92780, a municipal
corporation duly organized and existing under the constitution and laws of the State of California
(hereinafter referred to as "CITY "), mutually referred to herein as "PARTIES" or each individually as
a 'PARTY ".
RECITALS:
WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define
the roles and responsibilities related to funding between AUTHORITY and CITY for the
Newport Avenue Bicycle Trail Reconstruction from Main Street to Irvine Boulevard (hereinafter
referred to as 'PROJECT') as defined by the project description provided by CITY in its application
for the State -Local Partnership Program Formula Grant Call for Projects, incorporated herein by
reference; and
WHEREAS, the California Transportation Commission (CTC) programs and allocates the
Proposition 1 B Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006;
(Proposition 1B) State -Local Partnership Program (SLPP) funds on behalf of the State of California;
and
WHEREAS, the California Department of Transportation (Caltrans) administers the SLPP
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COOPERATIVE AGREEMENT NO. C -2 -1852
program on behalf of the State of California and the California Transportation Commission (CTC),
including direct reimbursement of SLPP funds to the CITY for project activities; and
WHEREAS, AUTHORITY is responsible for programming the formula SLPP funds to specific
projects within Orange County; and
WHEREAS, the CITY will be the direct recipient of SLPP funds from the State and will act as
lead agency for environmental, engineering, right -of -way, construction and construction
management of the PROJECT; and
WHEREAS, CITY is responsible to request and receive approvals from the appropriate State
and Local agencies in order to proceed or commence each phase of PROJECT for performance
under this Agreement; and
WHEREAS, SLPP funding for PROJECT is contingent upon funding being available through
both allocation by the CTC and availability of SLPP funds, and CITY maintaining eligibility for this
funding for PROJECT and maintaining eligibility under Ordinance No. 3 to provide match funding;
and
WHEREAS, CITY commits Fifty Thousand Dollars ($50,000) in local agency Measure M2
Fair Share funds for the preliminary engineering phase; and
WHEREAS, on July 23, 2012 AUTHORITY's Board of Directors, approved programming of
Two Hundred Thousand Dollars ($200,000) in SLPP funds for the construction phase of PROJECT,
to be matched with Two Hundred Thousand Dollars ($200,000) of Measure M2 Fair Share (M2 Fair
Share) local match for a total construction phase cost of Four Hundred Thousand Dollars ($400,000)
for PROJECT in accordance with Exhibit A titled "SLPP Funding Plan ", which is attached herein and
incorporated by reference; and
WHEREAS, PARTIES agree CITY will adhere to M2 Comprehensive Transportation Funding
Programs Master Funding Agreement C -1 -2786 executed between CITY and AUTHORITY; and
WHEREAS, PARTIES agree that CITY's SLPP local match funding requirements for
PROJECT will be provided from CITY's Measure M Turnback or M2 Fair Share distribution and shall
Page 2 of 12
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COOPERATIVE AGREEMENT NO. C -2 -1852
be used as a dollar- for - dollar match for the SLPP funds approved for PROJECT; and
WHEREAS, this Cooperative Agreement (Agreement) defines the specific terms and
conditions and funding responsibilities between AUTHORITY and CITY for completion of the
PROJECT; and
WHEREAS, AUTHORITY's Board of Directors approved this Cooperative Agreement on
July 23, 2012; and
follows:
WHEREAS, CITY's Council approved this Cooperative Agreement on this day of
2012; and
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable
by reference, coristitutes the complete and exclusive statement of the term(s) and conditions(s) of
this agreement oetween PARTIES and it supersedes all prior representations, understandings, and
communications. The invalidity in whole or in part of any term or condition of this Agreement shall
not affect the validity of other term(s) or conditions(s) of this Agreement. The above referenced
Recitals are true and correct and are incorporated by reference herein.
B. AUTHORITY'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
AUTHORITY'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 AUTHORITY except when specifically confirmed
in writing by an authorized representative of AUTHORITY by way of a written amendment to this
Agreement and issued in accordance with the provisions of this Agreement.
C. CITY's Failure to insist on any instance(s) of AUTHORITY's performance of any
term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
LCemn\ CLERICAL \CLERICALIWGROPRGC WGREE V.G21 &52.tloc Page 3 of 12
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COOPERATIVE AGREEMENT NO. C -2 -1852
i CITY's right to such performance or to future performance of such term(s) or condition(s), and
2 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any
3 portion of this Agreement shall not be binding upon CITY except when specifically confirmed in
4 writing by an authorized representative of CITY by way of a written amendment to this Agreement
5 and issued in accordance with the provisions of this Agreement.
6 ARTICLE 2. SCOPE OF AGREEMENT
7 This Cooperative Agreement specifies the terms and conditions, roles and responsibilities of
8 the PARTIES as they pertain to the subjects and projects addressed herein. PARTIES agree that
9 each will cooperate and coordinate with the other in all activities covered by this Agreement and any
ro other supplemental agreements that may be required to facilitate purposes thereof.
11 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
12 AUTHORITY agrees to the following responsibilities for PROJECT:
13 A. AUTHORITY shall formally request on behalf of CITY that the Southern California
14 Association of Governments (SCAG) amend the Federal Transportation Improvement Program
15 (FTIP) to program PROJECT in accordance with the funding plan outlined in Exhibit A, whereby
16 AUTHORITY's performance under this Agreement is contingent upon SCAG, Caltrans, and Federal
17 Highways Administration (FHWA) approval.
18 B. AUTHORITY shall request that the CTC program Two Hundred Thousand Dollars
19 ($200,000) in SLPP funds for the construction phase of PROJECT contingent on the availability of
20 funds, and is not obligated to program or provide any amount above the funding identified in this
21 Article.
22 C. AUTHORITY shall provide assistance to CITY in securing the SLPP funds.
23 D. AUTHORITY shall review and approve CITY's request for allocation prior to submittal
24 to Caltrans District 12.
25 E. AUTHORITY shall cancel PROJECT if CITY has not submitted a completed CTC
26 allocation request to the AUTHORITY by December 31, 2012.
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COOPERATIVE AGREEMENT NO. C -2 -1852
F. AUTHORITY shall cancel PROJECT if CITY has not completed preconstruction
activities, including California Environmental Quality Act (CEQA) environmental approval and any
required right of way certification allowing project to be ready to advertise by December 31, 2012.
G. AUTHORITY shall cancel project if CITY has not awarded a construction contract for
project(s) within six (6) months of CTC allocation and has not received an approved extension from
the CTC.
H. AUTHORITY shall cancel PROJECT if the CITY receives an approved extension from
the CTC and does not award the project within the award extension deadline. If PROJECT is
cancelled, CITY is not entitled to the SLPP funds.
ARTICLE 4. RESPONSIBILITIES OF CITY
CITY agrees to the following responsibilities for PROJECT:
A. CITY is the direct recipient of SLPP funds and will act as the lead agency for the
environmental, engineering, right -of -way, construction, and construction management of PROJECT.
B. CITY agrees that AUTHORITY is responsible for programming Two Hundred
Thousand Dollars ($200,000) in SLPP funds for the construction phase of PROJECT and is not
obligated to program or provide any amount beyond the amount identified in this Article.
C. CITY is responsible for adhering to Chapter 378, Statutes of 2011 (Assembly Bill 436)
Compliance Monitoring Unit.
D. CITY is responsible for preparing and submitting to AUTHORITY
all CTC documentation needed for allocation vote for SLPP funds and completing all tasks required
in order to legally advertise the project for construction ninety (90) calendar days prior to CTC
meeting and no later than December 31. 2012.
E. CITY is responsible for notifying AUTHORITY immediately of any expected delays or
changes to PROJECT that deviate from Exhibit A.
F. CITY is responsible for preparing and submitting all necessary CTC and Caltrans
documentation including the allocation request. All prior approvals, including but not limited to CTC
Page 5 of 12
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COOPERATIVE AGREEMENT NO. C -2 -1852
I environmental approval by December 31, 2012 and right -of -way certification (if applicable) by
2 December 31, 2012, must be attained prior to submittal of the construction allocation request.
3 G. CITY may proceed with advertisement of PROJECT prior to CTC allocation approval,
4 but may not awaid any project contract or start any construction phase work prior to CTC allocation
5 of SLPP funds or Letter of No Prejudice (LONP) approval.
6 H. CITY is required to award a contract within six (6) months following the date of CTC
7 allocation but may request one six (6) month extension for contract award. Extension request must
8 be submitted 90 calendar days before contract award deadline. If an extension is granted, CITY
v agrees to award a contract within the award extension deadline.
10 I. CITY agrees to provide a dollar- for - dollar match within the construction phase to
>> match SLPP funding in CITY's Measure M1 Tumback or M2 Fair Share revenues. Based on the
12 existing budget, this amount is estimated to be Two Hundred Thousand Dollars ($200,000). Actual
13 funding amount will be determined at CTC allocation and at contract award.
14 J. CITY agrees that the overall construction and construction management budget for
15 PROJECT is Four Hundred Thousand Dollars ($400,000); contingent on availability of SLPP funding
16 and CTC allocation.
17 K. CITY agrees that any cost overruns or any additional funding required to complete
is the project(s) shall be the responsibility of CITY and not the responsibility of AUTHORITY.
19 L. CITY will submit semi - annual project status reports for the PROJECT to the
20 AUTHORITY due, on January 15 for the prior six (6) month period, beginning on July 1, and ending
21 on December 31, and due on July 15 for the prior six (6) month period, beginning on January 1 and
22 ending on June 30 with Exhibit B titled "Semi - Annual Report".
23 M. CITY will submit a final project report to the CTC within six months of project
24 becoming operable in accordance with the 2011 -2013 CTC SLPP Guidelines and Proposition 1B
25 Project Close Out Process.
26 N. CITY will submit a final report to AUTHORITY within six (6) months of Caltrans
Page 6 of 12
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COOPERATIVE AGREEMENT NO. C -2 -1852
payment of final billing for PROJECT in accordance with Exhibit C titled "Final Project Report Form."
O. CITY is responsible for completing PROJECT in accordance with the funding plan
(EXHIBIT A), timely use of funds requirements, and for abiding by all 2011 -2013 CTC SLPP
Guidelines, OCTA SLPP Formula Grant Call for Projects program guidelines and procedures, State
Transportation Improvement Program Guidelines, and any and all other requirements of the State,
CTC, and Caltrans related to SLPP funding, including but not limited to the Caltrans Local
Assistance Program Guidelines and Local Assistance Procedures Manual.
P. CITY is responsible for submitting quarterly review reports for PROJECT to Caltrans.
Reports must be copied to AUTHORITY.
Q. CITY understands that if PROJECT is cancelled or cannot meet the
December 31, 2012 allocation submittal deadline or allocate funds to a project by June 30, 2013, the
SLPP funding will be withdrawn from CITY and will be redistributed to other AUTHORITY projects.
ARTICLE 5. DELEGATED AUTHORITY
The actions required to be taken by CITY in the implementation of this Agreement are
delegated to each Director of Public Works, or designee, and the actions required to be taken by
AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief
Executive Officer, or designee.
ARTICLE 6. AUDIT AND INSPECTION
PARTIES shall maintain a complete set of records in accordance with generally accepted
accounting principles. Upon reasonable notice, CITY shall permit the authorized representatives of
AUTHORITY 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 final payment, or until any on -going audit is
completed. For purposes of audit, the date of completion of this Agreement shall be the date of
Caltrans' payment of CITY's final billing (so noted on the invoice) under this Agreement.
AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above
Page 7 of 12
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COOPERATIVE AGREEMENT NO. C -2 -1852
i provision with respect to audits shall extend to and /or be included in construction contracts with
2 CITY's contractor.
3 ARTICLE 7. INDEMNIFICATION
4 A. CITY shall each indemnify, defend and hold harmless AUTHORITY, its officers,
5 directors, employees and agents from and against any and all claims (including attorney's fees and
6 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including
7 death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be
s caused by the negligent acts, omissions or willful misconduct by either CITY, its officers, directors,
9 employees or agents in connection with or arising out of the performance of this Agreement.
10 B. AUTHORITY shall indemnify, defend and hold harmless both CITY, its officers,
11 directors, employees and agents from and against any and all claims (including attorney's fees and
u reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including
13 death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be
14 caused by the negligent acts, omissions or willful misconduct by either AUTHORITY, its officers,
15 directors, employees or agents in connection with or arising out of the performance of this
16 Agreement.
17 C. The indemnification and defense obligations of this Agreement shall survive its
is expiration or termination.
19 ARTICLE 8. ADDITIONAL PROVISIONS
20 PARTIES agree to the following mutual responsibilities:
21 A. Term of Agreement: This Agreement shall continue in full force and effect through
22 PROJECT completion, final acceptance by AUTHORITY, Caltrans' payment of the CITY's final
23 billing, or 42 months from the date of CTC allocation, whichever is earlier. This Agreement may be
24 extended at the mutual consent of all PARTIES.
25 B. Termination: This Agreement is null and void if PROJECT is not funded. AUTHORITY
26 shall cancel PROJECT for which CITY has not awarded a contract twelve months after the date of
Page 8 of 12
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COOPERATIVE AGREEMENT NO. C -2 -1852
CTC allocation, or has not advanced the PROJECT to ready to list stage as determined by
AUTHORITY. This Agreement may be terminated by either PARTY after giving thirty (30) calendar
days written notice. This Agreement shall not be terminated without mutual agreement of all
PARTIES.
C. This Agreement may be amended in writing at any time by the mutual consent of all
PARTIES. No amendment shall have any force or effect unless executed in writing by all PARTIES.
D. PARTIES shall comply with all applicable federal, state, and local laws, statutes,
ordinances and regulations of any governmental authority having jurisdiction over the PROJECT.
E. Legal Authority: PARTIES 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.
F. 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.
G. 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.
H. Force Maieure: Each of the PARTIES 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 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
Page 9 of 12
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negligence of the PARTY not performing.
I. Assignment: Neither this Agreement, nor any of the PARTIES' rights, obligations,
duties, or authority hereunder may be assigned in whole or in part by any PARTY without the prior
written consent of the other PARTIES in their sole and absolute discretion. Any such attempt of
assignment shall. be deemed void and of no force and effect. Consent to one 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.
L. Litigation fees: Should litigation arise out of this Agreement for the performance
thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing
PARTY.
/
/
Page 10 of 12
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COOPERATIVE AGREEMENT NO. C -2 -1852
M. Notices: Any notices, requests, or demands made between the PARTIES pursuant
to this Cooperative Agreement are to be directed as follows:
To CITY:
To AUTHORITY:
City of Tustin
Orange County Transportation Authority
300 Centennial Way,
550 South Main Street
Tustin, CA 92780
P. O. Box 14184
Orange, CA 92863 -1584
Attention:
Attention: Meena Katakia
Dana R. Kasdan
Manager, Capital Projects
Tel: 714 - 573 -3171
Tel: 714 - 560 -5694
E -mail: dkasdanCcDtustinca.org
E -mail: mkatakia @octa.net
Cc:
Cc: Louis Zhao, Associate Transportation
Funding Analyst
N. Successors and Assigns: The provisions of this Agreement shall bind and inure to
the benefit of each of the PARTIES hereto, and all successors or assigns of the PARTIES hereto.
O. Time is of the Essence: Time is of the essence for the work identified in Exhibit A. All
work must be completed no later than 36 months from contract award or consistent with CTC timely
use of funds requirements.
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COOPERATIVE AGREEMENT NO. C -2 -1852
This Cooperative Agreement shall be effective upon execution by all PARTIES.
IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement
No. C -2 -1852 to he executed on the date first above written.
CITY OF TUSTIN ORANGE COUNTY TRANSPORTATION AUTHORITY
By:
John Nielsen
Mayor
ATTEST:
Bv:
Pamela Stoker
City Clerk
APPROVED HAAS TO FORM:
By: Z
David Kendig
City Attorney:
Dated:
Attachments:
Exhibit A: SLPP Funding Plan
Exhibit B: Semi Annual Report Form
Exhibit C: Final Project Report Form
CCamm1 CLERICAL GLERICALM'ORDPROCAGREEAG21&52 dcc
Bv:
Will Kempton
Chief Executive Officer
APPROVED AS TO FORM:
By:
Kennard R. Smart, Jr.
General Counsel
APPROVAL RECOMMENDED:
By:
Kia Mortazavi
Executive Director, Planning
Dated:
Page 12 of 12
zg V
AGREEMENT NO. C -2 -1852
EXHIBIT A
SLPP FUNDING PLAN
PROPOSITION 1B STATE -LOCAL PARTNERSHIP PROGRAM
CALL FOR PROJECTS
Newport Avenue bicycle trail reconstruction from
Main Street to Irvine Boulevard
Proiect Schedule and Fundina
Schedule
Completion Date
Final Environmental Document
8/31/2012
Begin Design Engineering
7/2/2012
Plans, Specifications, and Cost Estimates complete
11/30/2012
Start Right-of-Way Acquisition
N/A
Right-of-Way Certification
N/A
California Transportation Commission Allocation
3/5/2013
Award Construction Deadline
9/5/2013
Project Completion (open for use
12/1/2013
Construction funding authorized through this agreement:
Funding
1316 SLPP: $200,000 M1 or M2 Fair Share: $200,000
Preliminary Enaineerina
Fund Source
Fiscal Year
Original Planned
Allocation
Proportion
M2 Fair Share
2012 -2013
$50,000
100%
TOTAL
$50,000
100%
Right- of -Wav
Fund Source
Fiscal Year
Original Planned
Allocation
Proportion
N/A
N/A
N/A
N/A
TOTAL
$0
N/A
Construction
Fund Source
Fiscal Year
Original Planned
Allocation Range
Proportion
P16 SLPP1
2012 -2013
$200,000
50%
M2 Fair Share
2012 -2013
$200,000
50%
TOTAL
$400,000
100%
1. P1 B SLPP and M1 or M2 Fair Share will remain equal. It needed, amounts will be reduced proportionally.
J V
AGREEMENT NO. C -2 -1852
EXHIBIT B
SEMI ANNUAL REPORT FORM
Project Titl
Agency: Date:
Schedule
Original
Current
Completion
Completion
Date
Date
Draft Environmental Document
Fiscal
Year
Planned
Obligation
Final Environmental Document
Actual
Ex ended
Remaining
Allocation
Begin Design Engineering
Plans, Specifications, and Cost Estimates complete
Start Right-of-Way Acquisition
Right-of-Way Certification
Submit Request for Authorization for Const E -76
Ready to Advertise
Award Construction
Project Completion (open for use
Funding Table:
Preliminary Engineering $000's
Fund Source
Fiscal
Year
Planned
Obligation
Current
Estimates
Actual
Ex ended
Remaining
Allocation
Right- of -Wav ($000's)
Fund Source
Fiscal
Year
Planned
Obli ation
Current
Estimates
Actual
Ex ended
Remaining
Allocation
Construction ($000's)
Fund Source
Fiscal
Year
Planned
Obligation
Revised
Allocation
Actual
I Expended
Remaining
Allocation
AGREEMENT NO. C -2 -1852
EXHIBIT B
Major Activities:
Status:
Issues:
Name/Title:
Phone: Email:
AGREEMENT NO. C-2-1852
EXHIBIT C
EXHIBIT C: FINAL PROJECT REPORT FORM
OCTA Date
Instructions
The responsible agency should fill out the following: 1) Final Project Form, 2) Final Cost, 3) Certificate of
Completion. In addition, the agency must attach before (if available) and after photographs of the project site
and the address or location of the site under the Location and Scope of work section.
Location and Scope of Work
Verification of Match
(Actual Expenditures)
Proiprt 1;rhprii ilp
Proposed
Actual
Draft Environmental Document
Final Environmental Document
Begin Design Engineering
Other
Plans, Specifications, and Cost Estimates complete
{ENTEF
BE TE
(ENTER
SLPP,,'
OCTA,,
Ready to Advertise
Formula-,
, Funding
, Twat,
Engineering
$
$ -
$ -
$ -
$ -
$ -
Right-of-Wa
$ -
$ -
$ -
$ -
$ -
$ -
Construction
$ -
$ -
$ -
$
$
$
Total
$ -
I_$ -
$ -
$
Proiprt 1;rhprii ilp
A M.
Proposed
Actual
Draft Environmental Document
Final Environmental Document
Begin Design Engineering
Plans, Specifications, and Cost Estimates complete
Start Right-of-Way Acquisition
Right-of-Way Certification
Ready to Advertise
Award Construction
Project Completion (open for use
A M.
m
OCTA
SLPP: FINAL COST
AGREEMENT NO. C -2 -1852
EXHIBIT C
Item # Description Unit Quantity Unit Price Amount
Page 2
m
OCTA
SLPP: FINAL COST
AGREEMENT NO. C -2 -1852
EXHIBIT C
I hereby certify that the statements provided here are true and correct.
Project Title
Yes No N/A
1 The project is designed to city /county and other participating jurisdictions' standards.
❑
❑
❑
2 The project contract was awarded on: I ENTER DATE
❑
❑
❑
3 The total cost of the contract is equal to or less than the total TE
❑
❑
❑
funds awarded and matching funds provided.
4 The city /county provided matching funds to the project.
❑
❑
❑
5 Right -of -way was acquired in conformance with city/county procedures.
❑
❑
❑
6 All required environmental documentation is complete and certified.
❑
❑
❑
7 An updated project schedule is included with the final invoice.
❑
❑
❑
8 The final invoice is attached with all the necessary documentation.
❑
❑
❑
Name
Title JPublic Works Director
Signature Date
Page 3
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COOPERATIVE AGREEMENT C -2 -1857
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF TUSTIN
FOR
PROPOSITION 1B STATE -LOCAL PARTNERSHIP PROGRAM CALL FOR PROJECTS
THIS AGREEMENT is effective this day of
2012, by and
between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184,
Orange, California 92863, a public corporation of the State of California (hereinafter referred to as
"AUTHORITY "), and the City of Tustin, 300 Centennial Way, Tustin, CA 92780, a municipal
corporation duly organized and existing under the constitution and laws of the State of California
(hereinafter referred to as "CITY "), mutually referred to herein as "PARTIES" or each individually as
a "PARTY ".
RECITALS:
WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define
the roles and responsibilities related to funding between AUTHORITY and CITY for the
Tustin Rehabilitation Project (hereinafter referred to as "PROJECT') as defined by the project
description provided by CITY in its application for the State -Local Partnership Program Formula
Grant Call for Projects, incorporated herein by reference; and
WHEREAS, the California Transportation Commission (CTC) programs and allocates the
Proposition 1B Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006;
(Proposition 1 B) State -Local Partnership Program (SLPP) funds on behalf of the State of California;
and
WHEREAS, the California Department of Transportation (Caltrans) administers the SLPP
program on behalf of the State of California and the California Transportation Commission (CTC),
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COOPERATIVE AGREEMENT NO. C -2 -1857
including direct reimbursement of SLPP funds to the CITY for project activities; and
WHEREAS, AUTHORITY is responsible for programming the formula SLPP funds to specific
projects within Orange County; and
WHEREAS, the CITY will be the direct recipient of SLPP funds from the State and will act as
lead agency for environmental, engineering, right -of -way, construction and construction
management of the PROJECT; and
WHEREAS, CITY is responsible to request and receive approvals from the appropriate State
and Local agencies in order to proceed or commence each phase of PROJECT for performance
under this Agreement; and
WHEREAS, SLPP funding for PROJECT is contingent upon funding being available through
both allocation by the CTC and availability of SLPP funds, and CITY maintaining eligibility for this
funding for PROJECT and maintaining eligibility under Ordinance No. 3 to provide match funding;
and
WHEREAS, CITY commits Eighty Five Thousand Dollars ($85,000) in local agency Measure
M1 Turn Back funds for the preliminary engineering phase; and
WHEREAS, CITY combined the McFadden Avenue Rehabilitation from Mantle Lane to
Pasadena Avenue Project which was awarded Two Hundred Forty Eight Thousand Five Hundred
Dollars ($248,500) of SLPP funds, and the Irvine Boulevard Rehabilitation from Prospect Avenue to
Holt Avenue Project which was awarded One Hundred Nine Thousand Four Hundred Eleven Dollars
($109,411) of SLPP funds and Two Hundred Twenty Thousand Five Hundred Eighty Nine Dollars
($220,589) of M1 Turnback or M2 Fair Share local match for a total SLPP of Three Hundred Fifty
Eight Thousand Dollars ($358,000) and a total M1 Turnback or M2 Fair Share local match of Four
Hundred Sixty Nine Thousand Eighty Nine Dollars ($469,089); and
/
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COOPERATIVE AGREEMENT NO. C -2 -1857
WHEREAS, on July 23, 2012 AUTHORITY's Board of Directors, approved programming of
Three Hundred Fifty Seven Thousand Nine Hundred Eleven Dollars ($357,911) in SLPP funds for
the construction phase of PROJECT, to be matched with Four Hundred Sixty Nine Thousand Eighty
Nine Dollars ($469,089) of Measure M2 Fair Share (M2 Fair Share) local match for a .total
construction phase cost of Eight Hundred Twenty Seven Thousand Dollars ($827,000) for the
PROJECT in accordance with Exhibit A titled "SLPP Funding Plan ", which is attached herein and
incorporated by reference; and
WHEREAS, PARTIES agree CITY will adhere to M2 Comprehensive Transportation Funding
Programs Master Funding Agreement C -1 -2786 executed between CITY and AUTHORITY; and
WHEREAS, PARTIES agree that CITY's SLPP local match funding requirements for
PROJECT will be provided from CITY's Measure M Turnback or M2 Fair Share distribution and shall
be used as a dollar- for - dollar match for the SLPP funds approved for PROJECT; and
WHEREAS, this Cooperative Agreement (Agreement) defines the specific terms and
conditions and funding responsibilities between AUTHORITY and CITY for completion of the
PROJECT; and
WHEREAS, AUTHORITY's Board of Directors approved this Cooperative Agreement on
July 23, 2012; and
follows:
WHEREAS, CITY's Council approved this Cooperative Agreement on this day of
2012; and
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable
by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of
this agreement between PARTIES and it supersedes all prior representations, understandings, and
communications. The invalidity in whole or in part of any term or condition of this Agreement shall
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COOPERATIVE AGREEMENT NO. C -2 -1857
I not affect the validity of other term(s) or conditions(s) of this Agreement. The above referenced
2 Recitals are true and correct and are incorporated by reference herein.
3 B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any
4 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
s AUTHORITY's right to such performance or to future performance of such term(s) or condition(s),
6 and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any
7 portion of this Agreement shall, not be binding upon AUTHORITY except when specifically confirmed
s in writing by an authorized representative of AUTHORITY by way of a written amendment to this
v Agreement and issued in accordance with the provisions of this Agreement.
io C. CIrY's failure to insist on any instance(s) of AUTHORITY's performance of any
ii term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
u CITY's right to such performance or to future performance of such term(s) or condition(s), and
13 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any
14 portion of this Agreement shall not be binding upon CITY except when specifically confirmed in
15 writing by an authorized representative of CITY by way of a written amendment to this Agreement
16 and issued in accordance with the provisions of this Agreement.
ARTICLE 2. SCOPE OF AGREEMENT
is This Cooperative Agreement specifies the terms and conditions, roles and responsibilities of
iv the PARTIES as they pertain to the subjects and projects addressed herein. PARTIES agree that
20 each will cooperate and coordinate with the other in all activities covered by this Agreement and any
21 other supplemental agreements that may be required to facilitate purposes thereof.
22 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
23 AUTHORITY agrees to the following responsibilities for PROJECT:
24 A. AUTHORITY shall formally request on behalf of CITY that the Southern California
25 Association of Governments (SCAG) amend the Federal Transportation Improvement Program
26 (FTIP) to program PROJECT in accordance with the funding plan outlined in Exhibit A, whereby
Page 4 of 12
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COOPERATIVE AGREEMENT NO. C -2 -1857
I AUTHORITY's performance under this Agreement is contingent upon SCAG, Caltrans, and Federal
2 Highways Administration (FHWA) approval.
3 B. AUTHORITY shall request that the CTC program Three Hundred Fifty Seven
4 Thousand Nine Hundred Eleven Dollars ($357,911) in SLPP funds for the construction phase of
s PROJECT contingent on the availability of funds, and is not obligated to program or provide any
6 amount above the funding identified in this Article.
7 C. AUTHORITY shall provide assistance to CITY in securing the SLPP funds.
8 D. AUTHORITY shall review and approve CITY's request for allocation prior to submittal
v to Caltrans District 12.
10 E. AUTHORITY shall cancel PROJECT if CITY has not submitted a completed CTC
I allocation request to the AUTHORITY by December 31, 2012.
12 F. AUTHORITY shall cancel PROJECT if CITY has not completed preconstruction
13 activities, including California Environmental Quality Act (CEQA) environmental approval and any
14 required right of way certification allowing project to be ready to advertise by December 31, 2012.
is G. AUTHORITY shall cancel project if CITY has not awarded a construction contract for
16 project(s) within six (6) months of CTC allocation and has not received an approved extension from
17 the CTC.
18 H. AUTHORITY shall cancel PROJECT if the CITY receives an approved extension from
19 the CTC and does not award the project within the award extension deadline. If PROJECT is
20 cancelled, CITY is not entitled to the SLPP funds.
21 ARTICLE 4. RESPONSIBILITIES OF CITY
22 CITY agrees to the following responsibilities for PROJECT:
23 A. CITY is the direct recipient of SLPP funds and will act as the lead agency for the
24 environmental, engineering, right -of -way, construction, and construction management of PROJECT.
25 B. CITY agrees that AUTHORITY is responsible for programming Three Hundred Fifty
26 Seven Thousand Nine Hundred Eleven Dollars ($357,911) in SLPP funds for the construction phase
Page 5 of 12
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COOPERATIVE AGREEMENT NO. C -2 -1857
of PROJECT and is not obligated to program or provide any amount beyond the amount identified in
this Article.
C. CITY is responsible for adhering to Chapter 378, Statutes of 2011 (Assembly Bill 436)
Compliance Monitoring Unit.
D. CITY is responsible for preparing and submitting to AUTHORITY
all CTC documentation needed for allocation vote for SLPP funds and completing all tasks required
in order to legally advertise the project for construction ninety (90) calendar days prior to CTC
meeting and no later than December 31, 2012.
E. CITY is responsible for notifying AUTHORITY immediately of any expected delays or
changes to PROJECT that deviate from Exhibit A.
F. CITY is responsible for preparing and submitting all necessary CTC and Caltrans
documentation including the allocation request. All prior approvals, including but not limited to CTC
environmental approval by December 31, 2012 and right -of -way certification (if applicable) by
December 31, 2012, must be attained prior to submittal of the construction allocation request.
G. CITY may proceed with advertisement of PROJECT prior to CTC allocation approval,
but may not award any project contract or start any construction phase work prior to CTC allocation
of SLPP funds or Letter of No Prejudice (LONP) approval.
H. CITY is required to award a contract within six (6) months following the date of CTC
allocation but may request one six (6) month extension for contract award. Extension request must
be submitted 90 calendar days before contract award deadline. If an extension is granted, CITY
agrees to award a contract within the award extension deadline.
I. CITY agrees to provide a minimum of a dollar- for - dollar match within the construction
phase to match SLPP funding in CITY's Measure M1 Turnback or M2 Fair Share revenues. Based
on the existing budget, the local match is estimated to be Four Hundred Sixty Nine Thousand Eighty
Nine Dollars ($469,089). Actual funding amount will be determined at CTC allocation and at
contract award.
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COOPERATIVE AGREEMENT NO. C -2 -1857
J. CITY agrees that the overall construction and construction management budget for
PROJECT is Eight Hundred Twenty Seven Thousand Dollars ($827,000); contingent on availability
of SLPP funding and CTC allocation.
K. CITY agrees that any cost overruns or any additional funding required to complete
the project(s) shall be the responsibility of CITY and not the responsibility of AUTHORITY.
L. CITY will submit semi - annual project status reports for the PROJECT to the
AUTHORITY due on January 15 for the prior six (6) month period, beginning on July 1, and ending
on December 31, and due on July 15 for the prior six (6) month period, beginning on January 1 and
ending on June 30 with Exhibit B titled "Semi - Annual Report".
M. CITY will submit a final project report to the CTC within six months of project
becoming operable in accordance with the 2011 -2013 CTC SLPP Guidelines and Proposition 1B
Project Close Out Process.
N. CITY will submit a final report to AUTHORITY within six (6) months of Caltrans
payment of final billing for PROJECT in accordance with Exhibit C titled "Final Project Report Form."
O. CITY is responsible for completing PROJECT in accordance with the funding plan
(EXHIBIT A), timely use of funds requirements, and for abiding by all 2011 -2013 CTC SLPP
Guidelines, OCTA SLPP Formula Grant Call for Projects program guidelines and procedures, State
Transportation Improvement Program Guidelines, and any and all other requirements of the State,
CTC, and Caltrans related to SLPP funding, including but not limited to the Caltrans Local
Assistance Program Guidelines and Local Assistance Procedures Manual.
P. CITY is responsible for submitting quarterly review reports for PROJECT to Caltrans.
Reports must be copied to AUTHORITY.
Q. CITY understands that if PROJECT is cancelled or cannot meet . the
December 31, 2012 allocation submittal deadline or allocate funds to a project by June 30, 2013, the
SLPP funding will be withdrawn from CITY and will be redistributed to other AUTHORITY projects.
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COOPERATIVE AGREEMENT NO. C -2 -1857
ARTICLE 5. DELEGATED AUTHORITY
The actions required to be taken by CITY in the implementation of this Agreement are
delegated to each Director of Public Works, or designee, and the actions required to be taken by
AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief
Executive Officer, or designee.
ARTICLE 6. AUDIT AND INSPECTION
PARTIES shall maintain a complete set of records in accordance with generally accepted
accounting principles. Upon reasonable notice, CITY shall permit the authorized representatives of
AUTHORITY 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 final payment, or until any on -going audit is
completed. For purposes of audit, the date of completion of this Agreement shall be the date of
Caltrans' payment of CITY's final billing (so noted on the invoice) under this Agreement.
AUTHORITY 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 construction contracts with
CITY's contractor.
ARTICLE 7. INDEMNIFICATION
A. CITY shall each indemnify, defend and hold harmless AUTHORITY, its officers,
directors, employees and agents from and against any and all claims (including attorney's fees and
reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including
death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be
caused by the negligent acts, omissions or willful misconduct by either CITY, its officers, directors,
employees or agents in connection with or arising out of the performance of this Agreement.
B. AUTHORITY shall indemnify, defend and hold harmless both CITY, its officers,
directors, employees and agents from and against any and all claims (including attorney's fees and
reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including
death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be
L'. Carm1CLERICALI CLERICAL \V IGROPRGC W GREE W G21857.Eac Page 8 of 12
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COOPERATIVE AGREEMENT NO. C -2 -1857
I caused by the negligent acts, omissions or willful misconduct by either AUTHORITY, its officers,
2 directors, employees or agents in connection with or arising out of the performance of this
3 Agreement.
4 C. The indemnification and defense obligations of this Agreement shall survive its
s expiration or termination.
6 ARTICLE 8. ADDITIONAL PROVISIONS
7 PARTIES agree to the following mutual responsibilities:
8 A. Term of Agreement: This Agreement shall continue in full force and effect through
v PROJECT completion, final acceptance by AUTHORITY, Caltrans' payment of the CITY's final
10 billing, or 42 months from the date of CTC allocation, whichever is earlier. This Agreement may be
rr extended at the mutual consent of all PARTIES.
12 B. Termination: This Agreement is null and void if PROJECT is not funded. AUTHORITY
13 shall cancel PROJECT for which CITY has not awarded a contract twelve months after the date of
14 CTC allocation, or has not advanced the PROJECT to ready to list stage as determined by
is AUTHORITY. This Agreement may be terminated by either PARTY after giving thirty (30) calendar
16 days written notice. This Agreement shall not be terminated without mutual agreement of all
» PARTIES.
rs C. This Agreement may be amended in writing at any time by the mutual consent of all
ry PARTIES. No amendment shall have any force or effect unless executed in writing by all PARTIES.
20 D. PARTIES shall comply with all applicable federal, state, and local laws, statutes,
21 ordinances and rE!gulations of any governmental authority having jurisdiction over the PROJECT.
22 E. Legal Authority: PARTIES hereto consent that they are authorized to execute this
23 Agreement on behalf of said PARTIES and that, by so executing this agreement, the PARTIES
24 hereto are formally bound to the provisions of this Agreement.
25 F. Severability: If any term, provision, covenant or condition of this Agreement is held to
26 be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
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i remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
2 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
3 G. Counterparts of Agreement This Agreement may be executed and delivered in any
a number of counterparts, each of which, when executed and delivered shall be deemed an original
5 and all of which together shall constitute the same agreement. Facsimile signatures will be
6 permitted.
7 H. Force Maieure: Each of the PARTIES shall be excused from performing its
8 obligations under this Agreement during the time and to the extent that it is prevented from
v performing by an unforeseeable cause beyond its control, including but not limited to; any incidence
10 of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal,
Ii state or local government; national fuel shortage; or a material act or omission by the other PARTY;
12 when satisfactory evidence of such cause is presented to the other PARTY, and provided further
13 that such nonperformance is unforeseeable, beyond the control and is not due to the fault or
14 negligence of the PARTY not performing.
15 I. Assignment: Neither this Agreement, nor any of the PARTIES' rights, obligations,
16 duties, or authority hereunder may be assigned in whole or in part by any PARTY without the prior
17 written consent of the other PARTIES in their sole and absolute discretion. Any such attempt of
is assignment shall be deemed void and of no force and effect. Consent to one assignment shall not
19 be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such
20 subsequent assignment.
21 J. Obligations To Comply with Law Nothing herein shall be deemed nor construed to
22 authorize or require any PARTY to issue bonds, notes or other evidences of indebtedness under the
23 terms, in amounts, or for purposes other than as authorized by local, state or federal law.
24 K. Governing Law: The laws of the State of California and applicable local and federal
25 laws, regulations and guidelines shall govern this Agreement.
26 L. Litigation fees: Should litigation arise out of this Agreement for the performance
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COOPERATIVE AGREEMENT NO. C -2 -1857
thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing
PARTY.
M. Notices: Any notices, requests, or demands made between the PARTIES pursuant
to this Cooperative Agreement are to be directed as follows:
To CITY:
To AUTHORITY:
City of Tustin
Orange County Transportation Authority
300 Centennial Way,
550 South Main Street
Tustin, CA 92780
P. O. Box 14184
Orange, CA 92863 -1584
Attention:
Attention: Meena Katakia
Dana R. Kasdan
Manager, Capital Projects
Tel: 714 - 573 -3171
Tel: 714- 560 -5694
E -mail: dkasdanCc>tustinca.org
E -mail: mkatakia @octa.net
Cc:
Cc: Louis Zhao, Associate Transportation
Funding Analyst
N. Successors and Assigns: The provisions of this Agreement shall bind and inure to
the benefit of each of the PARTIES hereto, and all successors or assigns of the PARTIES hereto.
O. Time is of the Essence: Time is of the essence for the work identified in Exhibit A. All
work must be completed no later than 36 months from contract award or consistent with CTC timely
use of funds requirements.
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This Cooperative Agreement shall be effective upon execution by all PARTIES.
IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement
No. C -2 -1857 to be executed on the date first above written.
CITY OF TUSTIN ORANGE COUNTY TRANSPORTATION AUTHORITY
By:
John Nielsen
Mayor
By:
Will Kempton
Chief Executive Officer
ATTEST: APPROVED AS TO FORM:
By: By:
Pamela Stoker Kennard R. Smart, Jr.
City Clerk General Counsel
APPROVED AS TO FORM:
By: v�-
David Kendia
City Attorney,
Dated:
Attachments:
Exhibit A: SLPP Funding Plan
Exhibit B: Semi Annual Report Form
Exhibit C: Final Project Report Form
L.Camm\ CLERICAL\ CLERICAL%WORDPROC'AGREE WG21857.dx
APPROVAL RECOMMENDED:
By:
Kia Mortazavi
Executive Director, Planning
Dated:
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AGREEMENT NO. C -2 -1857
EXHIBIT A
SLPP FUNDING PLAN
PROPOSITION 1B STATE -LOCAL PARTNERSHIP PROGRAM
CALL FOR PROJECTS
Tustin Rehabilitation Project
Proiect Schedule and Fundina
Schedule
Completion Date
Final Environmental Document
8/31/2012
Begin Design Engineering
7/2/2012
Plans, Specifications, and Cost Estimates complete
11/30/2012
Start Right-of-Way Acquisition
N/A
Right-of-Way Certification
N/A
California Transportation Commission Allocation
3/5/2013
Award Construction Deadline
9/5/2013
Project Completion (open for use
12/1/2013
Construction funding authorized through this agreement:
Funding
P113 SLPP: $357,911 M1 or M2 Fair Share: $469,089
Preliminary En ineerin
Fund Source
Fiscal Year
Original Planned
Allocation
Proportion
M1 Turn Back
Prior
$25,000
29%
M1 Turn Back
2012 -2013
$60,000
71%
TOTAL
$85,000
100%
Right -of -Way
Fund Source
Fiscal Year
Original Planned
Allocation
Proportion
N/A
N/A
N/A
N/A
TOTAL
$0
N/A
Construction
Fund Source
Fiscal Year
Original Planned
Allocation Range
Proportion
P1 SLPP
2012 -2013
$357,911
43%
M2 Fair Share
2012 -2013
$469,089
57%
TOTAL
$827,000
100%
�o oLrr and Mi of rvic Fair Snare win remain equal. if needed, amounts will be reduced proportionally.
AGREEMENT NO. C -2 -1857
EXHIBIT B
SEMI ANNUAL REPORT FORM
Project
Agency: Date:
Schedule
Original
Current
Completion
Completion
Date
Data
Draft Environmental Document
Fiscal
Year
Planned
Obligati
Final Environmental Document
Ex ended
Remaining
I Allocation
Begin Design Engineering
Plans, Specifications, and Cost Estimates complete
Start Right-of-Way Acquisition
Right-of-Way Certification
Submit Request for Authorization for Const E -76
Ready to Advertise
Award Construction
Project Completion (open for use
Funding Table:
Preliminary Engineering $000's
Fund Source
Fiscal
Year
Planned
Obligati
CurrentActual
Estimates
Ex ended
Remaining
I Allocation
Right -of -Way ($000's)
Fund Source
Fiscal
Year
Planned
Obli anon
Current
Estimates
I ctual
Expended
Remaining
Allocation
Construction ($000's)
Fund Source
Fiscal
Year
Planned
Obligation
Revised
Allocation
Actual
Expended
Remaining
Allocation
Major Activities:
Status:
Issues:
Name/Title:
Phone: Email:
AGREEMENT NO. C -2 -1857
EXHIBIT B
2
AGREEMENT NO. C-2-1857
EXHIBIT C
EXHIBIT C: FINAL PROJECT REPORT FORM
OCTA Date
Instructions
The responsible agency should fill out the following: 1) Final Project Form, 2) Final Cost, 3) Certificate of
Completion. In addition, the agency must attach before (if available) and after photographs of the project site
and the address or location of the site under the Location and Scope of work section.
project
Location and Scope of Work
Verification of Match
(Actual Expenditures)
Proiect Schedule
Proposed
L0 M
00t, etc
"
Draft Environmental Document
Final Environmental Document
Begin Design En ineering
Plans, Specifications, and Cost Estimates complete
T,
S L P IRV,',
OCTA,,
Right-of-Way Certification
Ready to Advertise
Formula
Fundirigi
Totat
Engineering
$ -
$ -
Right-of-Way
$ -
$ -
$
$
Construction
$ -
$ -
$
$
$ -
$
T
$ -
$
$ j-$
Proiect Schedule
Page 1
Proposed
Actuat
Draft Environmental Document
Final Environmental Document
Begin Design En ineering
Plans, Specifications, and Cost Estimates complete
Start Right-of-Way Acquisition
Right-of-Way Certification
Ready to Advertise
Award Construction
Project Completion (open for use
Page 1
m
OCTA
Item #
SLPP: FINAL COST
AGREEMENT NO. C -2 -1857
EXHIBIT C
Page 2
m
OCTA
SLPP: FINAL COST
AGREEMENT NO. C -2 -1857
EXHIBIT C
I hereby certify that the statements provided here are true and correct.
Project Title
Yes No N/A
1 IThe project is designed to city/county and other participating jurisdictions' standards. ❑ ❑ ❑
2 The project contract was awarded on: I ENTER DATE
❑
❑
❑
3 The total cost of the contract is equal to or less than the total TE
❑
❑
❑
funds awarded and matching funds provided.
4 The city /county provided matching funds to the project.
❑
❑
❑
5 Right -of -way was acquired in conformance with city /county procedures.
❑
❑
❑
6 All required environmental documentation is complete and certified.
❑
❑
❑
7 An updated project schedule is included with the final invoice.
❑
❑
❑
B The final invoice is attached with all the necessary documentation.
❑
❑
❑
Name
Title IPublic Works Director
Signature Date
Page 3