21-0617_CALIFORNIA DEPARTMENT OF TRANSPORTATION_Cooperative Agreement 12-79512-ORA-74-1.0/2.1
EA: 08692
Project Number: 1200000051
Agreement 12-795
Local Contribution Agreement 2012_08_06 Page 1 of 6
COOPERATIVE AGREEMENT
Local Contribution Only
This AGREEMENT, effective on __________________________, is between the State of
California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of San Juan Capistrano, a body politic and municipal corporation or chartered city
of the State of California, referred to hereinafter as CITY.
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to
the State Highway System (SHS) per the California Streets and Highways Code,
Sections 114 and 130.
2.The term AGREEMENT, as used herein, includes this document and any associated
attachments, exhibits, and amendments.
3. For the purpose of this AGREEMENT, the widening of 0.9 mile segment on SR 74
within the City of San Juan Capistrano, Calle Entradero, to County boundary, from 2
lanes to 4 lanes to eliminate bottleneck will be referred to hereinafter as PROJECT.
This description only serves to identify the PROJECT. The project scope of work is
defined in the appropriate authorizing documents per the Project Development
Procedures Manual.
4. CITY will contribute an amount of $7,000,000 to the PROJECT. Contributed funds
will be used for the PROJECT.
5. PARTIES agree that funds will be contributed to the following PROJECT
COMPONENTS:
•PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
6. PARTIES hereby set forth the terms, covenants, and conditions for CITY's
contribution toward the PROJECT.
June 17, 2021
Agreement 12-795
Local Contribution Agreement 2012_08_06 (created 01/12/21) Page 2 of 6
ROLES AND RESPONSIBILITIES
7. CALTRANS is the SPONSOR and IMPLEMENTING AGENCY for the PROJECT.
8. CITY is a FUNDING PARTY contributing a fixed amount toward the PROJECT as
shown in the FUNDING TABLE.
9. CALTRANS is responsible for completing all work for the PROJECT.
GENERAL CONDITIONS
10. All portions of this AGREEMENT, including the Recitals Section, are enforceable.
11. 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.
12. The cost of any engineering support performed by CALTRANS includes all direct
and applicable indirect costs. CALTRANS calculates indirect costs based solely on
the type of funds used to pay support costs. State and federal funds administered by
CALTRANS are subject to the current Program Functional Rate. All other funds are
subject to the current Program Functional Rate and the current Administration Rate.
The Program Functional Rate and Administration Rate are adjusted periodically.
13. 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, its contractors, sub-contractors, and/or its agents under or in connection
with any work, authority, or jurisdiction conferred upon CALTRANS under this
AGREEMENT. It is understood and agreed that CALTRANS, to the extent
permitted by law, will 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, but not limited to, tortious, contractual, inverse
condemnation, or other theories and assertions of liability occurring by reason of
anything done or omitted to be done by CALTRANS, its contractors, sub-contractors,
and/or its agents under this AGREEMENT.
14. This AGREEMENT is intended to be PARTIES’ final expression and supersedes any
oral understanding or writings pertaining to PROJECT.
Agreement 12-795
Local Contribution Agreement 2012_08_06 (created 01/12/21) Page 3 of 6
INVOICE AND PAYMENT
15. CITY will contribute the funds listed below:
FUNDING TABLE
Fund
Source
Fund
Type
Project
Component Amount
LOCAL Measure M PS&E $5,250,000
LOCAL Developer PS&E $1,750,000
Total Funds $7,000,000
16. CALTRANS will invoice CITY for the initial amount of $2,000,000 (single payment)
after execution of this AGREEMENT. CALTRANS will invoice CITY the remaining
amount of $5,000,000 (single payment) at the end of February 2022.
17. CITY will pay the invoiced amount within forty-five (45) calendar days of receipt of
the invoice unless CITY is paying with Electronic Funds Transfer (EFT). When
paying with EFT, CITY will pay the invoiced amount within five (5) calendar days of
receipt of the invoice.
18. If CITY has received Electronic Funds Transfer (EFT) certification from
CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures
to pay all invoices issued from CALTRANS.
19. After all work for the PROJECT is complete, CALTRANS will submit a final
accounting for all costs. Based on the final accounting CALTRANS will, if
necessary, refund CITY the unexpended local fund sources shown in the FUNDING
TABLE.
20. This AGREEMENT will terminate upon CALTRANS’ receipt of the PROJECT
funds. However, all indemnification and final accounting articles will remain in
effect until terminated or modified in writing by mutual agreement.
Agreement 12-795
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DEFINITIONS
FUNDING PARTY – A PARTY who commits a defined dollar amount to the PROJECT.
IMPLEMENTING AGENCY – The party responsible for managing the scope, cost, and
schedule of a project component to ensure the completion of that component.
PARTY – An individual signatory agency in this AGREEMENT.
PARTIES – The term that collectively references all of the signatory agencies to this
AGREEMENT.
SPONSOR – The PARTY 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.
PROJECT COMPONENT – A distinct portion of the planning and project development
process of a capital project as outlined in California Government Code, Section 14529(b).
• PID (Project Initiation Document) – The activities required to deliver the
project initiation document for the PROJECT.
• PA&ED (Project Approval and Environmental Document) – The activities
required to deliver the project approval and environmental documentation for the
PROJECT.
• PS&E (Plans, Specifications, and Estimate) – The activities required to deliver
the plans, specifications, and estimate for the PROJECT.
• R/W (Right of Way) SUPPORT –The activities required to obtain all property
interests for the PROJECT.
• R/W (Right of Way) CAPITAL – The funds for acquisition of property rights
for the PROJECT.
• CONSTRUCTION SUPPORT – The activities required for the administration,
acceptance, and final documentation of the construction contract for the
PROJECT.
• CONSTRUCTION CAPITAL – The construction contract funds for the
PROJECT.
Agreement 12-795
Local Contribution Agreement 2012_08_06 (created 01/12/21) Page 5 of 6
CONTACT INFORMATION
The information provided below indicates the primary contact information for each PARTY to
this AGREEMENT. PARTIES will notify each other in writing of any personnel or location
changes. Contact information changes do not require an amendment to this AGREEMENT.
The primary AGREEMENT contact person for CALTRANS is:
Brian Santos, Project Manager
1750 E. 4th Street
Santa Ana, CA 92705
Office Phone: 657-328-6624
Mobile Phone: (949) 279-9363
Email: brian.santos@dot.ca.gov
The primary AGREEMENT contact person for CITY is:
Steve May, Project Manager
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Office Phone: (949) 443-6363
Email: SMay@SanJuanCapistrano.org
for
Agreement 12-795
SIGNATURES
PARTIES are empowered by the law to enter into this AGREEMENT and have delegated to
the undersigned the authority to execute this AGREEMENT on behalf of the respective
agencies and covenants to have followed all the necessary legal requirements to validly
execute this AGREEMENT.
This AGREEMENT may be executed and delivered in counterparts, and by each PARTY in
a separate counterpart, each of which when so executed and delivered shall constitute an
original and all of which taken together shall constitute one and the same instrument.
The PARTIES acknowledge that executed copies of thi s AGREEMENT may be exchanged
by facsimile or email and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
AdnanMaiah
Deputy District Director
Strategic Portfolio Management
Single Focal Point
Verification of funds and authority:
CITY OF SAN JUAN CAPISTRANO
Benjamil(Siegel
City Manager
Approved as to form and procedure:
Jeffrey S. Ballinger
City Attorney
Local Contribution Agreem ent 2012_08_06 (created 01 11212 1) Page 6of6