13-0329_ORANGE COUNTY TRANSPORTATION AUTHORITY_Cooperative AgreementCOOPERATIVE AGREEMENT C-2-1848
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN JUAN CAPISTRANO
FOR
PROPOSITION 1B STATE -LOCAL PARTNERSHIP PROGRAM CALL FOR PROJECTS
THIS AGREEMENT is effective this o,7 d y of 2013, 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 San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano,
California 92675, 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
City Pavement Rehabilitation Project (hereinafter referred to as 'PROJECT') as defined by the
project description provided by CITY in its application for the Stale -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, Trak 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
program on behalf of the State of California and the California Transportation Commission (CTC),
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COOPERATIVE AGREEMENT NO. C-2-1848
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 One Hundred Sixty Eight Thousand Dollars ($168,000) in
Measure M2 Fair Share (M2 Fair Share) Funds for the construction phase; and
WHEREAS, on July 23, 2012, AUTHORITY's Board of Directors approved programming of
Three Hundred Eighteen Thousand Dollars ($318,000) in SLPP funds for the construction phase of
PROJECT, to be matched with Three Hundred Eighteen Thousand Dollars ($318,000) of Measure
M2 Fair Share (M2 Fair Share) local match, and One Hundred Sixty Eight Thousand Dollars
($168,000) of additional agency M2 Fair Share funds for a total construction phase cost of
Eight Hundred Four Thousand Dollars ($804,000) 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-1-2782 executed between CITY and AUTHORITY; and
J
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COOPERATIVE AGREEMENT NO. C-2-1848
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 '�'7 ��
WHEREAS, CITY's Council approved this Cooperative Agreement on this til , .day of
�OY/Y l(nX1A( 2013; and
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
follows:
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
tern(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.
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COOPERATIVE AGREEMENT NO. C-2-1848
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
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 Three Hundred Eighteen Thousand
Dollars ($318,000) 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.
L:mvnX LEMMkCLERiMWMRDPROMGPZMG2 M4W
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COOPERATIVE AGREEMENT NO. C-2-1848
E. AUTHORITY shall cancel PROJECT if CITY has not submitted a completed CTC
allocation request to the AUTHORITY by December 31, 2012.
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 Three Hundred
Eighteen Thousand Dollars ($318,000) 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.
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COOPERATIVE AGREEMENT NO. C-2-1848
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 dollar -far -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 Three Hundred Eighteen Thousand Dollars
($318,000). 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 Eight Hundred Four Thousand Dollars ($804,000); 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 113
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COOPERATIVE AGREEMENT NO. C-2-1848
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.
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.
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COOPERATIVE AGREEMENT NO. C-2-1848
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
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 S. 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.
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COOPERATIVE AGREEMENT NO. C-2-1848
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
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;
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COOPERATIVE AGREEMENT NO. C-2-1848
when satisfactory evidence of such cause is presented to the other PARTY, and provided further
that such nonperformance is unforeseeable, beyond the control and is not due to the fault or
negligence of the PARTY not performing.
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-2-1848
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 San Juan Capistrano
Orange County Transportation Authority
32400 Paseo Adelanto
550 South Main Street
San Juan Capistrano, California 92675
P. O. Box 14184
Orange, CA 92863-1584
Attention:
Attention: Meena Katakia
Nisha A. Patel
Manager, Capital Projects
Tel: 949-443-6350
Tel: 714-560-5694
E-mail: npatel@sanjuancapistrano.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-2-1848
This Cooperative Agreement shall be effective upon execution by all PARTIES.
IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement
No. C-2-1848 to be executed on the date first above written.
CITY OF SAN JUAN CAPISTRANO ORANGE O NTY TRA PORTATION AUTHORITY
By: By:
Jo n Taylor Darrell Jo son
Mayor Chief Exec 1ve Officer
ATTEST: APPROVED AS TO FORM:
By:By:
�JVLO
Mo MC Kennard R. Smart, Jr
City Clerk General Counsel
APPROVED AS TO FORM
B V—
Wahl Van Ligten
City Attorney
Dated: 1- 1.7
Attachments:
Exhibit A: SLPP Funding Plan
Exhibit B: Semi Annual Report Form
Exhibit C: Final Project Report Form
APPROVAL RECOM ED:
By:
Kia Mortazavi
Executive Director, Planning
Dated:
Page 12 of 12
AGREEMENT NO. C-2-1848
EXHIBIT A
SLPP FUNDING PLAN
PROPOSITION 1 B STATE -LOCAL PARTNERSHIP PROGRAM
CALL FOR PROJECTS
City Pavement Rehabilitation Project
Project Schedule and Funding
Schedule
Completion Date
Final Environmental Document
9/15/2012
Begin Design Engineering
7/1/2011
Plans, Specifications, and Cost Estimates complete
12/15/2012
Start Right -of -Way Acquisition
NIA
Right -of -Way Certification
NIA
California Transportation Commission Allocation
3/5/2013
Award Construction Deadline
9/5/2013
Project Completion (open for use
06/05/2014
Construction funding authorized through this agreement:
Funding
P1 B SLPP: $318,000 M1 or M2 Fair Share: $318,000
Preliminary En ineerin
Fund Source
Fiscal Year
Original Planned
Proportion
TOTAL $0
NIA
Allocation
40%
San Juan Capistrano
2012-2013
$80,000
100%
General Fund
2012-2013
$168,000
20%
TOTAL
$0
100%
Riaht-of-Wav
Fund Source Fiscal Year Original Planned
Allocation
Proportion
NIA NIA NIA
NIA
TOTAL $0
NIA
Construction
Fund Source
Fiscal Year
Original Planned
Allocation Range
Proportion
P1 B SLPP
2012-2013
$318,000
40%
M2 Fair Share
2012-2013
$318,000
40%
Additional M2 Fair
Share
2012-2013
$168,000
20%
TOTAL
$804,000
100%
1. 121 SLPP and M1 or M2 Fair Share will remain equal. It needed, amounts Wil be reaucea propomonaily.
AGREEMENT NO. C-2-1848
EXHIBIT B
SEMI ANNUAL REPORT FORM
Project Title:
Agency: Date:
Schedule
Draft Environmental Document
Final Environmental Document
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:
Prpliminary Fnaineerina (Q000's)
Original
Current
Completion
Completion
Date
Date
Fund Source Fiscal
Year
Planned
Obligation
Current
Estimates
Actual
Expended
Remaining
Allocation
Pinht-of-Wav (9000's)
Fund Source Fiscal
Year
Planned
Obligation
Current
Estimates
Actual
Expended
Remaining
Allocation
C'nnctruntinn otnnn'sl
Fund Source Fiscal
Year
Planned
Obligation
Revised
Allocation
Actual
Expended
Remaining
Allocation
U
Major Activities:
Status:
Issues:
NamelTitle:
Phone: Email:
Fri
AGREEMENT NO. C-2-1848
EXHIBIT B
AGREEMENT NO. C-2.1848
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
verification of Match
(Actual Expenditures)
Local Match
Other
50%
tch
(ENTER (ENTER (ENTER SLPP OCTA te
(Phase SOURCE SOURCE SOURCE ¢ormula $undin STotal
Page 1
SLPP: FINAL COST
OCTA
Item
w
AGREEMENT NO. C-2-1848
EXHIBIT C
Page 2
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SLPP: FINAL COST
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AGREEMENT NO. C-2-1848
EXHIBIT C
I hereby certify that the statements provided here are true and correct.
Proiect Title
Name
Title IPublic Works Director
Signature Date
Page 3
Yes
No
NIA
1 The project is designed to city/county and other participating jurisdictions' standards.
❑
❑
❑
2 The project contract was awarded on: 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 IPublic Works Director
Signature Date
Page 3
M
OCTA
60A9o avow.....s
April 25, 2013
OreWO'T WinmrbWlnrn
G„e1mNe
Nisha A. Patel
V. C„mrrmn
City of San Juan Capistrano
N w. W.
32400 Paseo Adelanto
U.,«V'
San Juan Capistrano, CA 92675
w,m"r
COOPERATIVE AGREEMENT NO. C-2-184
Gz0 Ez5man
SUBJECT: OCTA'S
or,enar
MenMw HarW,
Dear Ms. Patel:
urr«lar
Enclosed please find one original of the above referenced subject for your
records.
slew donor
«ior
Should you have any contractual related questions, please feel free to contact
d<aKy�,aw;ry
by at rhashem@octa.net.
or,«rm
Reem Hashem at (714) 560-5446 or e-mail
GXryA Millar
>v ,,,,
Sincerely,
i",, Mom4¢Ir
I l
Al Mm,
`
or,«m,
Marla Ewing
AIMNee""'
Senior Office Sdeci list
nr,«mr
Contract Adminis ration and Materials Management
Mguel MMo
na, sw.
Enclosure(s)
)"«t"
TOIXISUI,
Obcao,
Frank Up'
�umm
Ryan CYlemrLrlam
S-Olfiao Mem0.v
CHIEF EXECUTIVE OFFICE
oxrreue"„es„"
CMBI ExeeuLYe Omwr
Orange County Transportation Uithonfy
550 SoWh Main Stwi d P.O. BOX 14184 /Orange /C,,hJ,,ia 92863-1564/ (714) 560.00TA
(6282)
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COOPERATIVE AGREEMENT C-2-1848
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN JUAN CAPISTRANO
FOR
PROPOSITION 1 B STATE -LOCAL PARTNERSHIP PROGRAM CALL FOR PROJECTS
THIS AGREEMENT is effective this day of 2013, 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 San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano,
California 92675, 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
City Pavement 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 16 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
program on behalf of the State of California and the California Transportation Commission (CTC),
L•CWWrACLERICALICLEMCALIWORDPROC%kGREMG216"4. Page 1 of 12
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COOPERATIVE AGREEMENT NO. C-2-1848
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 One Hundred Sixty Eight Thousand Dollars ($168,000) in
Measure M2 Fair Share (M2 Fair Share) Funds for the construction phase, and
WHEREAS, on July 23, 2012, AUTHORITY's Board of Directors approved programming of
Three Hundred Eighteen Thousand Dollars ($318,000) in SLPP funds for the construction phase of
PROJECT, to be matched with Three Hundred Eighteen Thousand Dollars ($318,000) of Measure
M2 Fair Share (M2 Fair Share) local match, and One Hundred Sixty Eight Thousand Dollars
($168,000) of additional agency M2 Fair Share funds for a total construction phase cost of
Eight Hundred Four Thousand Dollars ($804,000) 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-1-2782 executed between CITY and AUTHORITY; and
J
L:Camm'CLE W CAL%CLERCALIWORDPROCWGREEWG218".ft
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COOPERATIVE AGREEMENT NO. C-2-1848
WHEREAS, PARTIES agree that CITY's SLPP local match funding requirements for
PROJECT will be provided from CITY's Measure M Tumback 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
WHEREAS, CITY's Council approved this Cooperative Agreement on this IL%ay of
'(�DIDi/1 ay(1 2013; and
follows:
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 oondition(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.
Page 3 of 12
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COOPERATIVE AGREEMENT NO. C-2-1848
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
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 Three Hundred Eighteen Thousand
Dollars ($318,000) 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.
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COOPERATIVE AGREEMENT NO. C-2-1848
E. AUTHORITY shall cancel PROJECT if CITY has not submitted a completed CTC
allocation request to the AUTHORITY by December 31, 2012.
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 Three Hundred
Eighteen Thousand Dollars ($318,000) 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.
Page 5 of 12
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COOPERATIVE AGREEMENT NO. C-2-1848
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 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
existing budget, this amount is estimated to be Three Hundred Eighteen Thousand Dollars
($318,000). 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 Eight Hundred Four Thousand Dollars ($804,000); 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
Page 6 of 12
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COOPERATIVE AGREEMENT NO. C-2-1848
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.
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.
Page 7 of 12
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COOPERATIVE AGREEMENT NO. C-2-1848
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
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.
Page 8 of 12
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COOPERATIVE AGREEMENT NO. C-2-1848
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
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 Majeure: 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;
Page 9 of 12
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COOPERATIVE AGREEMENT NO. C-2-1848
when satisfactory evidence of such cause is presented to the other PARTY, and provided further
that such nonperformance is unforeseeable, beyond the control and is not due to the fault or
negligence of the PARTY not performing.
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 govem 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-2-1848
M. Notices: Any notices, requests, or demands made between the PARTIES pursuant
to this Cooperative Aqreement are to be directed as follows:
To CITY:
To AUTHORITY:
City of San Juan Capistrano
Orange County Transportation Authority
32400 Paseo Adelanto
550 South Main Street
San Juan Capistrano, California 92675
P. 0. Box 14184
Orange, CA 92863-1584
Attention:
Attention: Meena Katakia
Nisha A. Patel
Manager, Capital Projects
Tel: 949443-6350
Tel: 714-560-5694
E-mail: npatel@sanjuancapistrano.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.
0. 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-2-1848
This Cooperative Agreement shall be effective upon execution by all PARTIES.
IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement
No. C-2-1848 to be executed on the date first above written.
CITY OFS JUAN CAPISTRANO ORANGE COUNTY TRANSPORTATION AUTHORITY
By: By:
John Taylor Will Kempton
Mayor Chief Executive Officer
ATTEST:
B
Me a Mo MC
Clerk
APPROVED AS TO FORM:
Bv:
Kennard R. Smart, Jr.
General Counsel
APPROVED AS TO FORM: _APPROVAL RECOMMENDED:
B By:
ns n igten Kia Mortazavi
City Attorney Executive Director, Planning
Dated: '�� Dated:
Attachments:
Exhibit A: SLPP Funding Plan
Exhibit B: Semi Annual Report Form
Exhibit C: Final Project Report Form
L•Cam ntCLEPoCALICLEPoCALIWGROPROC%GREEWG21848Aa
Page 12 of 12
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SLPP FUNDING PLAN
AGREEMENT NO. C-2-1848
EXHIBIT A
PROPOSITION 1 B STATE -LOCAL PARTNERSHIP PROGRAM
CALL FOR PROJECTS
City Pavement Rehabilitation Project
Project Schedule and Funding
Schedule
Completion Date
Final Environmental Document
9/15/2012
Begin Design En (neerin
7/1/2011
Plans, Specifications, and Cost Estimates complete
12/15/2012
Start Right -of -Way Acquisition
N/A
Riaht-of-Way Certification
N/A
California Transportation Commission Allocation
3/5/2013
Award Construction Deadline
9/5/2013
Project Completion (open for use
06/05/2014
Construction funding authorized through this agreement:
Funding
P1 B SLPP: $318,000 M1 or M2 Fair Share: $318,000
Preliminary En ineerin
Fund Source
Fiscal Year
Original Planned
Proportion
TOTAL $0 N/A
2012-2013
Allocation
40%
San Juan Capistrano
2012-2013
$80,000
100%
General Fund
2012-2013
$168,000
20%
TOTAL
$0
100%
Riaht-of-Wav
Fund Source
Fiscal Year Original Planned Proportion
Allocation
N/A
N/A N/A N/A
TOTAL $0 N/A
Construction
Fund Source
Fiscal Year
Original Planned
Allocation Range
Proportion
P1B SLPP
2012-2013
$318,000
40%
M2 Fair Share
2012-2013
$318,000
40%
Additional M2 Fair
Share
2012-2013
$168,000
20%
TOTAL
1 $804,000
100%
1. P18 SLPP and Mt or M2 Fair Share will remain equal. a needed, amounm win be reduced proponionauy.
AGREEMENT NO. C-2-1848
EXHIBIT B
SEMI ANNUAL REPORT FORM
Project Title:
Agency: Date:
Original
Current
Completion
Completion
Date
Date
Schedule
Draft Environmental Document
Final Environmental Document
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:
AGREEMENT NO. C-2-1848
EXHIBIT B
Major Activities:
Status:
Issues:
Name/Title:
Phone: Email:
AGREEMENT NO. C-2.1848
EXHIBIT C
MEXHIBIT C: FINAL PROJECT REPORT FORM
OCTA Date
Instructions
The responsible agency should 611 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.
Agency
Verification of Match
(Actual Expenditures)
Local Match
Phase
(ENTER
SOURCE
(ENTER(ENTER"
SOURCE)
SOURCE
Other
SLPP OCTA
Formula Fundin Total
Engineering
5
S
S
$ $ $
Ri hl-of-Wa
$
5
$
$ $ S
Construction
$
5
5
$ S $
Total
$
5
8
$ $ $
Project Schedule
Phase Proposed Actual
Draft Environmental Document
Final Environmental Document
Begin Desi n Engineering
Plans, Specifications, and Cost Estimates complete
Start Right- f-WaAc uisitlon
Right -of -Way CertlBcation
Ready to Advertise
Award Constructlon
Project Com letion (open for use
Page 1
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OCTA
SLPP: FINAL COST
AGREEMENT NO. C-2-1848
EXHIBIT C
Page 2
AGREEMENT NO. C-2-1848
EXHIBIT C
SLPP: FINAL COST
OCTA
I hereby certify that the statements provided here are true and correct.
Proiect Title
Name
Title IPublic Works Director
Signature Date—J
Page 3
Yes
No
NIA
1 The project is designed to city/county and other participating jurisdictions' standards.
❑
❑
❑
2 The project contract was awarded on: I ENTER DATE
Cl
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3 The total cost of the contract is equal to or less than the total TE
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❑
❑
funds awarded and matching funds provided.
4 The city/county provided matching funds to the project.
❑
❑
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6 Right-of-way was acquired. in conformance with city/county procedures.
❑
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6 All required environmental documentation is complete and certified.
❑
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Name
Title IPublic Works Director
Signature Date—J
Page 3
M
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493.1053 FAX
wwwsanjuancapistrano. org
TRANSMITTAL
TO:
Orange County Transportation Authority
Attn: Meena Katakie, Manager
P.O. Box 14184
Orange, CA 92863-1584
DATE: February 21, 2013
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
ROY L. BYRNES. M.D.
LARRYKRAMER
DEREK REEVE
JOHN TAYLOR
RE: Cooperative Agreement C-2-1848 — Proposition 1B State -Local Partnership Program Call
for Projects
Enclosure:
(2) Original, Cooperative Agreements C-2-1848 — Proposition 113 State -Local Partnership
Program Call for Projects
Once the final signatures are received, please return 1 original agreement to the City of San
Juan Capistrano, City Clerk's Office. Thank you.
If you have questions concerning the agreement, please contact Nisha Patel, Associate
Engineer at (949) 443-6350.
Cc: Nisha Patel, Associate Engineer
San Juan Capistrano: Preserving the Past to Enhance the Future
10 Printed on 100% recyded paper
•,J �/ `i �(� 2/19/2013
`i.� 8
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City of of San Juan Capistrano
Agend , ort
TO: Karen P. Brust, City M;n
FROM: James G. Ross, Interim bl Works Director
Prepared by: Nisha A. Patel, PE, Associate Engineery f
DATE: February 19, 2013
SUBJECT: Consideration of a Cooperative Agreement with Orange County
Transportation Authority for Proposition 1B State -Local Partnership
Program Call for Projects (CIP 13105) (OCTA)
RECOMMENDATION:
By motion, approve Cooperative Agreement C-2-1848, for the Fiscal Year 2012-2013
City Pavement Rehabilitation Project.
EXECUTIVE SUMMARY:
City staff applied for State Proposition 1B State -Local Partnership Program (SLPP)
funds for the Fiscal Year 2012-2013 City Pavement Rehabilitation Project in May 2012.
The project will rehabilitate the pavement of Via Del Rey, Via Del Amo, Avenida
Descanso, Avenida Cabrillo, Avenida Mariposa, Calle Miguel, Calle San Marcos,
Avenida Romero, Avenida Olivera, Via Lorado, and Calle Jardin, and construction is
estimated to cost $804,000 including contingency. Paseo Mono, Paseo Blanco, La
Matanza, and La Calera will be bid alternates, and will also be constructed if the bids
come in low. The project will also upgrade handicap ramps adjacent to the streets to
bring them into American Disabilities Act compliance. In September 2012, the state
programmed $318,000 of Proposition 1 B SLPP funding for the construction phase of the
project. Staff is now recommending the City of San Juan Capistrano enter into a
Cooperative Agreement (Attachment 1) with Orange County Transportation Authority
(OCTA) to define all of the terms, conditions, and funding responsibilities for completion
of the project.
DISCUSSION/ANALYSIS:
In April 2012, OCTA notified cities in Orange County of a Call for Projects for
Proposition 1B SLPP funds. The City of San Juan Capistrano submitted the Fiscal Year
2012-2013 City Pavement Rehabilitation Project for grant funding in May 2012. The
project involves rehabilitating the pavement of Via Del Rey, Via Del Amo, Avenida
Descanso, Avenida Cabrillo, Avenida Mariposa, Calle Miguel, Calle San Marcos,
Avenida Romero, Avenida Olivera, Via Lorado, Paseo Blanco, Paseo Mono, Calle
Jardin, La Matanza, and La Calera, and reconstructing the adjacent handicap ramps.
City Council Agend�4epoh--. U U
February 19, 2013
Page 2 of 3
The streets were included in City Council adopted Fiscal Years 2012-2013 and 2013-
2014 Capital Improvement Program, and selection of the streets was based on their
Pavement Condition Index as determined by the Pavement Management Program
analysis performed in July 2011. In September 2012, the California Transportation
Commission (CTC), on behalf of the State of California, programmed $318,000 of
Proposition 1B SLPP funding for the construction phase of the project. The City must
enter into a Cooperative Agreement with OCTA which defines all of the terms,
conditions, and funding responsibilities for completion of the project in order to receive
this funding allocation. The main items of importance in the agreement are the following:
The City is required to match $318,000 of programmed SLPP funds with of an
equal amount in Measure M Turnback or M2 Fair Share funds. The City will
provide $318,000 of Measure M2 Fair Share local match, and an additional
$168,000 of Measure M2 Fair Share funds for a total construction phase cost of
$804,000.
■ OCTA will cancel the project if the City did not submit a completed a CTC
allocation request, obtain environmental approval, and obtain right of way
certification (if applicable) by December 31, 2012, and does not award a
construction contract within six months after CTC allocation.
■ The City is required to submit semi-annual project status reports to OCTA for the
six months prior, a final project report to the CTC within 6 months of the project
being completed and operable, and quarterly project review reports to Caltrans.
■ The City is responsible for completing the project in accordance with the funding
plan, timely use of fund requirements, and abiding by all OCTA, State, CTC, and
Caltrans guidelines, and procedures related to SLPP funding, including Caltrans
Local Assistance Program Guidelines and Local Assistance Procedures Manual.
• The City may be subject to an audit of all project related documents for a period
of 4 years after Caltrans final payment of the City's final billing of the construction
contract.
FISCAL IMPACT:
The project has a total of $499,134 of Measure M2 funds budgeted which is enough to
match $318,000 SLPP funding and provide an additional $168,000 of Measure M funds
for the construction phase of the project.
ENVIRONMENTAL IMPACT:
The City's Envi ronmental Ad ministrator has completed a preliminary review of this
project in accordance with Section 15061 of the California Environmental Quality Act
(CEQA) Guidelines. Based on that review, the Environmental Administrator has
determined the project to be Categorically Exempt (Class 1, Existing Facilities) under
Section 15301 (c).
City Council Agenda port— U
February 19, 2013
Page 3of3
PRIOR CITY COUNCIL REVIEW:
On June 19, 2012, the City Council approved application for funds of the State -Local
Partnership Program for the Fiscal Year 2012-2013 City Pavement Rehabilitation
Project.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
Louis Zhao, Transportation Funding Analyst, Orange County Transportation Authority
ATTACHMENT(S):
Attachment 1 – Cooperative Agreement
Attachment 2 – Project Location Map
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COOPERATIVE AGREEMENT C-2-1848
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN JUAN CAPISTRANO
FOR
PROPOSITION 1B STATE -LOCAL PARTNERSHIP PROGRAM CALL FOR PROJECTS
THIS AGREEMENT is effective this day of 2013, 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 San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano,
California 92675, 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
City Pavement 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 113 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),
Page 1 of 12
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ATTACHMENT 1
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COOPERATIVE AGREEMENT NO. C-2-1848
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 One Hundred Sixty Eight Thousand Dollars ($168,000) in
Measure M2 Fair Share (M2 Fair Share) Funds for the construction phase; and
WHEREAS, on July 23, 2012, AUTHORITY's Board of Directors approved programming of
Three Hundred Eighteen Thousand Dollars ($318,000) in SLPP funds for the construction phase of
PROJECT, to be matched with Three Hundred Eighteen Thousand Dollars ($318,000) of Measure
M2 Fair Share (M2 Fair Share) local match, and One Hundred Sixty Eight Thousand Dollars
($168,000) of additional agency M2 Fair Share funds for a total construction phase cost of
Eight Hundred Four Thousand Dollars ($804,000) 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-1-2782 executed between CITY and AUTHORITY; and
Page 2 of 12
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COOPERATIVE AGREEMENT NO. C-2-1848
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
WHEREAS, CITY's Council approved this Cooperative Agreement on this day of
2013; and
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
follows:
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.
Page 3of12
l:cam.mcxERtClu.MIMCALWVOROPROCAGPEEwcz, 8484m
COOPERATIVE AGREEMENT NO. C-2-1848
1 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any
2 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
3 CITY's right to such performance or to future performance of such term(s) or condition(s), and
4 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any
s portion of this Agreement shall not be binding upon CITY except when specifically confirmed in
s writing by an authorized representative of CITY by way of a written amendment to this Agreement
7 and issued in accordance with the provisions of this Agreement.
8 ARTICLE 2. SCOPE OF AGREEMENT
9 This Cooperative Agreement specifies the terms and conditions, roles and responsibilities of
10 the PARTIES as they pertain to the subjects and projects addressed herein. PARTIES agree that
11 each will cooperate and coordinate with the other in all activities covered by this Agreement and any
12 other supplemental agreements that may be required to facilitate purposes thereof.
13 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
14 AUTHORITY agrees to the following responsibilities for PROJECT:
15 A. AUTHORITY shall formally request on behalf of CITY that the Southern California
16 Association of Governments (SLAG) amend the Federal Transportation Improvement Program
17 (FTIP) to program PROJECT in accordance with the funding plan outlined in Exhibit A, whereby
18 AUTHORITY's performance under this Agreement is contingent upon SCAG, Caltrans, and Federal
19 Highways Administration (FHWA) approval.
20 B. AUTHORITY shall request that the CTC program Three Hundred Eighteen Thousand
21 Dollars ($318,000) in SLPP funds for the construction phase of PROJECT contingent on the
22 availability of funds, and is not obligated to program or provide any amount above the funding
23 identified in this Article.
24 C. AUTHORITY shall provide assistance to CITY in securing the SLPP funds.
25 D. AUTHORITY shall review and approve CITY's request for allocation prior to submittal
26 to Caltrans District 12.
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COOPERATIVE AGREEMENT NO. C-2-1848
E. AUTHORITY shall cancel PROJECT if CITY has not submitted a completed CTC
allocation request to the AUTHORITY by December 31, 2012.
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 Three Hundred
Eighteen Thousand Dollars ($318,000) 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 AUTHORII Y
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.
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COOPERATIVE AGREEMENT NO. C-2-1848
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 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 Three Hundred Eighteen Thousand Dollars
($318,000). 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 Eight Hundred Four Thousand Dollars ($804,000); 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
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Project Close Out Process.
COOPERATIVE AGREEMENT NO. C-2-1848
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.
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.
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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
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.
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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
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 Majeure: 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;
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COOPERATIVE AGREEMENT NO. C-2-1848
when satisfactory evidence of such cause is presented to the other PARTY, and provided further
that such nonperformance is unforeseeable, beyond the control and is not due to the fault or
negligence of the PARTY not performing.
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-2-1848
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 San Juan Capistrano
Orange County Transportation Authority
32400 Paseo Adelanto
550 South Main Street
San Juan Capistrano, California 92675
P. O. Box 14184
Orange, CA 92863-1584
Attention:
Attention: Meena Katakia
Nisha A. Patel
Manager, Capital Projects
Tel: 949-443-6350
Tel: 714-560-5694
E-mail: npatel@sanjuancapistrano.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.
J
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COOPERATIVE AGREEMENT NO. C-2-1848
This Cooperative Agreement shall be effective upon execution by all PARTIES.
IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement
No. C-2-1848 to be executed on the date first above written.
CITY OF SAN JUAN CAPISTRANO
By:
John Taylor
Mayor
ATTEST:
By:
Maria Morris, CMC
City Clerk
ORANGE COUNTY TRANSPORTATION AUTHORITY
Bv:
Will Kempton
Chief Executive Officer
APPROVED AS TO FORM:
By:
Kennard R. Smart, Jr.
General Counsel
APPROVED AS TO FORM: APPROVAL RECOMMENDED:
B By:
ns n igten Kia Mortazavi
City Attorney Executive Director, Planning
Dated: Dated:
Attachments:
Exhibit A. SLPP Funding Plan
Exhibit B: Semi Annual Report Form
Exhibit C: Final Project Report Form
Page 12 of 12
LCa TnAME W CALCLERIMUCROPP40CAGRMAM1 84ddw
SLPP FUNDING PLAN
AGREEMENT NO. C-2-1848
EXHIBIT A
PROPOSITION 1 B STATE -LOCAL PARTNERSHIP PROGRAM
CALL FOR PROJECTS
City Pavement Rehabilitation Project
Project Schedule and Fundina
Schedule
Completion Date
Final Environmental Document
9/15/2012
Begin Design Engineering
7/1/2011
Plans, Specifications, and Cost Estimates complete
12/15/2012
Start Right -of -Way Acquisition
NIA
Right -of -Way Certification
NIA
California Transportation Commission Allocation
3/5/2013
Award Construction Deadline
9/5/2013
Project Completion (open for use
06/05/2014
Construction funding authorized through this agreement:
Funding
P1 B SLPP: $318,000
Preliminary Enaineerino
M1 or M2 Fair Share: $318,000
Fund Source
Fiscal Year
Original Planned
Proportion
TOTAL $0
NIA
Allocation
40%
San Juan Capistrano
2012-2013
$80,000
100%
General Fund
2012-2013
$168,000
20%
TOTAL
$0
100%
Rinht_nf-Wnv
Fund Source Fiscal Year Original Planned
Allocation
Proportion
NIA NIA NIA
NIA
TOTAL $0
NIA
r ..nnefri irtfinn
v Fund Source
Fiscal Year
Original Planned
Allocation Range
Proportion
P1 B SLPP
2012-2013
$318,000
40%
M2 Fair Share
2012-2013
$318,000
40%
Additional M2 Fair
Share
2012-2013
$168,000
20%
TOTAL
$804,000
100%
1. P18 SLPP and M1 or M2 Fair Share will remain equal. If needed, amounts will be reduced proportionally.
AGREEMENT NO. C-2-1848
EXHIBIT B
SEMI ANNUAL REPORT FORM
Project Title:
Agency: Date:
Schedule
Draft Environmental Document
Final Environmental Document
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 Enaineerina ($000's)
Original
Current
Completion
Completion
Date
Date
Fund Source Fiscal
Year
Planned
Obligation
Current
Estimates
Actual
Expended
Remaining
Allocation
Riaht-of-Wav ($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
AGREEMENT NO. C-2-1848
EXHIBIT B
Major Activities:
Status:
Issues:
Name/Title:
Phone: Email:
AGREEMENT NO. C-2-1848
EXHIBIT C
FAEXHIBIT 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)
Local Match
_.
(ENTER';'(ENTER"
Phase SOURCE)
SOURCE)
(ENTER.
SOURCE
SLPP
Formula
Other
OCTA
Funding
Total
Engineering $ -
$ -
$ -
$ -
$ -
$ -
Right -of -Way $ -
$ -
$ -
$ -
$ -
$ -
Construction $ -
$ -
$ -
$ -
$ -
$ -
Total $ -
$ -
$ -
$ -
$ -
$ _
Project Schedule
Phase 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
Match
Rate
0%
Page 1
SLPP: FINAL COST
OCTA
Item
AGREEMENT NO. C-2.1848
EXHIBIT C
Page 2
U
AGREEMENT NO. C-2-1848
EXHIBIT C
SLPP: FINAL COST
OCTA
I hereby certify that the statements provided here are true and correct.
Proiect Title
4 The city/county provided matching funds to the project.
Yes
No
NIA
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.
❑
❑
❑
7An updated project schedule is included with the final invoice.
❑
❑
❑
8 The final invoice is attached with all the necessary documentation.
❑
❑
❑
Name
Title
Signature
Date
Page 3
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CITY OF SAN JUAN CAPISTRANO
CONTRACT TRANSMITTAL FORM
Date: 211v13
City Council, SJCHA or SACRA Meeting Date (if applicable):
ra., r •-•q 2x19/t3
Brief description of services to be provided:
Submitting Department: Public works Staff Contact: Nisha Patel
Please sign each original of the attached Agreement/Contract, where indicated and circulate in the below route order
(Please note the procurement limitations below). When the contract is fully executed, the City Clerk will provide a
signed copy to the submitting department and to the Financial Services Department, and will mail a signed original
to the contractor/consultant.
Route To:
❑ Department Flead N/A
O Approccd
� Not Approved
Director's Initials/Datc
❑0 Cite Auonxp
Approved as to Form
Not Approved 1
City Attomay's Initial s/D n
❑ CFO/Tratsurer N/A
0 Funding Available
0 No Funding Available
= Budget Resolution Required
Notes:
CFO(rreasurer's Initials/Date
❑ Cily Manager N/A
r0 Approved
Denied
City Manager's Initial's,Date: 7
❑ City Clerk (For Final Routing)
Procurement: N/A
$10,000 or less — (Oryurm,rm eeudtrAvhorio)
$10,001 - $45,000- (Co afuregerSAurhoriry)
$45,001 or over - (City CoundtApprmW Required)
•Dine of Council Approval: or Resolution. N..:-
=Public
o.:=Public Contracts $45,000 or less -(Cry Mnnnx+r'+eurhorio xeplrM)
=Public Contracts over $45,000- (City Council}Avrhoriry Requ/red•)
•DeteofCouncil Approval. or Resoluslon. No.:
Insurance Requirements: N/A
0 Commercial/General Liability
0 Auto Liability
Professional/Errars and Omissions
0 Worker's Compensation
Additional Insured Endorsement
i�Public Works Contracts — Labor/Material & Performance Bonds
LL Approval Process Completed — Copy of Contract Transmittal Form with documents forwarded to FS Department.
Denied— Returned to submitting depamnent. Please provide the following and return to the City Clerk's Office:
City Clerk's Initial's/Date:
I . Contractor/Consultant Name: OCTA
2. Business License: ❑ Yes 0 No License Number: WA
Date of Expiration
3. ContractAmount: 8316,000-GRANTAMT
4. Budget Account Number: 50-83399-67401-13105-000
5. City Services and Facilities to be provided (If Applicable):
WA
6. Is this a standard City contract? ❑ Yes No If no, explain:
It is a Cooperative Agreement
7. Are two original contracts submitted? 0 Yes ❑ No If no, explain:
Two Cooperative Agreements are attached.
8. Contract Date: 2/19113 Expiration Date: WA
9. Insurance Certificate attached: ❑ Yes M No If no, explain:
10. Purchase Requisition attached: ❑ Yes M No If no, explain:
11. Bid Recap Attached: ❑ Yes ❑E No If no, explain: NIA
12. W-9 Form Attached: ❑ Yes 0 No If no, explain: NIA
13. New Vendor Application Form Attached: ❑ Yes 9 No If no, explain: NIA
14. Does this document need to be recorded? ❑ Yes W No
The Financial Services Department will issue a Purchase Order (PO) to the submitting department, once all of the
information on this Contract Transmittal Form has been received by finance through the City Clerk's Office.