11-0802_CALIF DEPT OF TRANSPORTATION_Cooperative Agr12 -ORA -74 PM 0.00/1.60
EA OE310, ID -12-00.00-0102
District Agreement No. 12-0641
COOPERATIVE AGREEMENT
Contribution Only
This agreement, effective on R -C( -'Zoll , 2011 is between the State of
California, acting through its Department of Transportation, referred to as CALTRANS, and:
San Juan Capistrano City, referred to as "CITY
RECITALS
1. CALTRANS and CITY, collectively referred to as PARTNERS, are authorized to enter
into a cooperative agreement for improvements to the SHS per Streets and Highways
Code sections 114 and 130.
2. CALTRANS is preparing a Plans, Specifications, and Estimate (PS&E) package for a
project that involves reconstruction of the interchange at State Route 74 and Interstate 5
in the City of San Juan Capistrano, referred to as PROJECT.
3. Orange County Transportation Authority (OCTA) has allocated $2,500,000 of Measure
M funds to CITY for Design Engineering of PROJECT.
4. CITY request CALTRANS to administer PROJECT and will contribute funds to
PROJECT. Contributed funds will be used for the design support cost.
5. PARTNERS now define in this agreement the terms and conditions of this contribution.
RESPONSIBILITIES
6. CALTRANS is the SPONSOR and IMPLEMENTING AGENCY for PROJECT.
7. CITY is a FUNDING PARTNER contributing a fixed amount towards PROJECT.
DEFINITIONS
FUNDING PARTNER - A partner who commits a defined dollar amount.
IMPLEMENTING AGENCY — The partner responsible for managing the scope, cost, and
schedule of a project component to ensure the completion of that component.
PARTNERS — The term that collectively references all of the signatory agencies to this
agreement. This term only describes the relationship between these agencies to work together to
achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one
partner's .individual actions legally bind the other partners.
ATTACHMENT 1
District Agreement 12-0641
SPONSOR — The partner that accepts the obligation to secure financial resources to fully fund
PROJECT. This includes any additional funds beyond those committed in this agreement
necessary to complete the full scope of PROJECT defined in this agreement or settle claims.
SCOPE
8. CALTRANS is responsible for all work for PROJECT.
COST
9. CITY will contribute a fixed amount of $2,500,000 of Measure M funds, in lump sum
payment.
10. If federal funds are being contributed as part of this agreement, CALTRANS will
administer all federal funds.
11. CALTRANS will submit invoices to CITY upon execution of this agreement and the
CITY will forward the same to OCTA.
12. CITY will pay CALTRANS within 30 calendar days of receipt of the funds from OCTA.
GENERAL CONDITIONS
13. All obligations of CALTRANS under the terms of this agreement are subject to the
appropriation of resources by the Legislature, the State Budget Act authority, and the
allocation of funds by the California Transportation Commission.
14. Neither CITY nor any officer or employee thereof is responsible for any injury, damage,
or liability occurring by reason of anything done or omitted to be done by CALTRANS
under or in connection with any work, authority, or jurisdiction: conferred upon
CALTRANS or arising under this agreement. It is understood and agreed that,
CALTRANS will fully defend, indemnify, and save harmless CITY and all of its officers
and employees from all claims, suits, or actions of every name, kind and description
brought forth under, including, but not limited to, tortious, contractual, inverse
condemnation, or other theories or assertions of liability occurring by reason of anything
done or omitted to be done by CALTRANS under this agreement.
15. This agreement is intended to be PARTNERS' final expression and supersedes all prior
oral understanding or writings pertaining to PROJECT,
16. This agreement will terminate upon receipt of the full payment from CITY to
CALTRANS.
However, all indemnification provisions will remain in effect until terminated or
modified in writing by mutual agreement.
2
District Agreement 12-0641
SIGNATURES
PARTNERS declare that:
1. Each partner is an authorized legal entity under California state law.
2. Each partner has the authority to enter into this agreement.
3. The people signing this agreement have the authority to do so on behalf of their public
agencies.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: per- 2
zr Frank Lin
Acting Deputy District Director
Capital Projects Outlay Program
CERTIFIED AS TO
Distnct tsuaget. Manager
3
CITY OF SAN JUAN CAPISTRANO
KaYen ..
Managerrust
APPROVED AS TO FORM:
By: "ikladoi
Omar San oval
Attorney
ATTEST:
l
By:
Maria. Morris
Clerk