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HomeMy WebLinkAboutC-5282 - Cooperative Agreement C-2-1842 for Proposition 1B State-Local Partnership Program Call for Projects1 2 3 4 5 6 COOPERATIVE AGREEMENT C -2 -1842 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF NEWPORT BEACH FOR 7 11 PROPOSITION 1B STATE -LOCAL PARTNERSHIP PROGRAM CALL FOR PROJECTS 2rd. s THIS AGREEMENT is effective this o2J' day ofGyV1l iANt 2013, by and u 9 between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, 10 Orange, California 92863, a public corporation of the State of California (hereinafter referred to as 11 "AUTHORITY "), the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California 12 92663, a municipal corporation duly organized and existing under the constitution and laws of the 13 State of California (hereinafter referred to as 'CITY"), mutually referred to herein as "PARTIES" or 14 11 each individually as a "PARTY ", 15 RECITALS- 16 WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define 17 the roles and responsibilities related to funding between AUTHORITY and CITY for the construction is of the Balboa Boulevard and Channel Road Portland Cement Concrete Pavement Project 19 (hereinafter referred to as "PROJECT ") as defined by the project description provided by CITY in its 20 application for the State -Local Partnership Program Formula Grant Call for Projects, incorporated 21 herein by reference; and 22 23 24 25 26 WHEREAS, the California Transportation Commission (CTC) programs and allocates the Proposition 1 B Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006; (Proposition 1 B) State -Local Partnership Program (SLPP) funds on behalf of the State of California; and Page 1 of 12 L.Gam ICLERiCAL1 CLEPJCALWWORDPROC %GREEkAG21842.d= 1 2 3 4 s 6 7 s 9 1.0 11 12 13 14 15 16 17 is 19 20 21 22 23 24 2S 26 COOPERATIVE AGREEMENT NO. C -2 -1842 WHEREAS, the California Department of Transportation (Caltrans) administers the SLPP program on behalf of the State of California and the California Transportation Commission (CTC), including direct reimbursement of SLPP funds to the CITY for project activities. 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; WHEREAS, CITY commits Two Hundred Thousand Dollars ($200,000) in local agency funds for the preliminary engineering phase; and WHEREAS, on July 23, 2012 AUTHORITY's Board of Directors, approved programming of Six Hundred Ninety Two Thousand Two Hundred Twenty Four Dollars ($692,224) in SLPP funds for the construction phase of PROJECT, to be matched with Six Hundred Ninety Two Thousand Two Hundred Twenty Four Dollars ($692,224) of Measure M2 Fair Share (M2 Fair Share) local match for a total construction phase cost of One Million Three Hundred Eighty Four Thousand Four Hundred Forty Eight Dollars ($1,384,448) for the construction phase of 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 -2776 executed between CITY and AUTHORITY; and Page 2 of 12 LC NCLERiCAUCLERr—ALVNORDPROCWGREc 'VMI$42.dm COOPERATIVE AGREEMENT NO. C -2 -1842 1 WHEREAS, PARTIES agree that CITY's SLPP local match funding . requirements for 2 PROJECT will be provided from CITY's Measure M Turnback or M2 Fair Share distribution and shall 3 be used as a dollar- far - dollar match for the SLPP funds approved for PROJECT; and 4 WHEREAS, this Cooperative Agreement (Agreement) defines the specific terms and s conditions and funding responsibilities between AUTHORITY and CITY for completion of the 6 PROJECT; and 7 WHEREAS, AUTHORITY's Board of Directors approved this Cooperative Agreement on 8 July 23, 2012; and } 9 WHEREAS, CITY's Council approved this Cooperative Agreement on this � t day of 10 �Vtm ��,, f( 2012; and 11 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as 12 follows: 13 ARTICLE 1. COMPLETE AGREEMENT 14 A. This Agreement, including any attachments incorporated herein and made applicable 18 by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of 16 this agreement between PARTIES and it supersedes all prior representations, understandings, and 1.7 communications. The invalidity in whole or in park of any term or condition of this Agreement shall 18 not affect the validity of other term(s) or conditions(s) of this Agreement. The above referenced 19 Recitals are true and correct and are incorporated by reference herein. 20 B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any 21 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of 22 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), 23 and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any Z4 portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed 25 in writing by an authorized representative of AUTHORITY by way of a written amendment to this 26 Agreement and issued in accordance with the provisions of this Agreement. Page 3 of 12 UCon, rtCLERICALk CLERiCALiWOROPROCUGft €ENG21842.tloc // 1 2 3 4 5 6 7 s 9 1{3 u 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO, 0-2-1842 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 Govemments (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 Six Hundred Ninety Two Thousand Two Hundred Twenty Four Dollars ($692,224) 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:Cam \CLERICAUCLERICAL \WORDPROCN.GREEWG21842.dw Page 4 of 12 G�- COOPERATIVE AGREEMENT NO. C -2 -1842 i E. AUTHORITY shall cancel PROJECT if CITY has not submitted a completed CTC 2 allocation request to the AUTHORITY by December 31, 2012. 3 F. AUTHORITY shall cancel PROJECT if CITY has not completed preconstruction 4 activities, including California Environmental Quality Act (CEQA) environmental approval and any 5 required right of way certification allowing project to be ready to advertise by December 31, 2012. 6 G. AUTHORITY shall cancel project if CITY has not awarded a construction contract for 7 project(s) within six (6) months of CTC allocation and has not received an approved extension from s the CTC. 9 H. AUTHORITY shall cancel PROJECT if the CITY receives an approved extension from 10 the CTC and does not award the project within the award extension deadline. If PROJECT is u cancelled, CITY is not entitled to the SLPP funds. 12 ARTICLE 4. RESPONSIBILITIES OF CITY 13 CITY agrees to the following responsibilities for PROJECT: 14 A. CITY is the direct recipient of SLPP funds and will act as the lead agency for the 25 environmental, engineering, right -of -way, construction, and construction management of PROJECT. 16 B. CITY agrees that AUTHORITY is responsible for programming Six Hundred Ninety 17 Two Thousand Two Hundred Twenty Four Dollars ($692,224) in SLPP funds for the construction is phase of PROJECT and is not obligated to program or provide any amount beyond the amount 19 identified in this Article. 20 C. CITY is responsible for adhering to Chapter 378, Statutes of 2011 (Assembly Bill 436) 21 Compliance Monitoring Unit. 22 D. CITY is responsible for preparing and submitting to AUTHORITY 23 all CTC documentation needed for allocation vote for SLPP funds and completing all tasks required 24 in order to legally advertise the project for construction ninety (90) calendar days prior to CTC 25 meeting and no later than December 31, 2012. 26 E. CITY is responsible for notifying AUTHORITY immediately of any expected delays or Page 5 of 12 L:Cemm\ CLERICAL \CLERICAL \N'ORDPROCWCREE WG21842 d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C -2 -1842 changes to PROJECT that deviate from Exhibit A. F. CITY is responsible for preparing and submitting all necessary CTC and Caltrans documentation including the allocation request. All prior approvals, including but not limited to CTC environmental approval by December 31, 2012 and right -of -way certification (if applicable) by December 31, 2012, must be attained prior to submittal of the construction allocation request. G. CITY may proceed with advertisement of PROJECT prior to CTC allocation approval, but may not award any project contract or start any construction phase work prior to CTC allocation of SLPP funds or Letter of No Prejudice (LONP) approval. H. CITY is required to award a contract within six (6) months following the date of CTC allocation but may request one six (6) month extension for contract award. Extension request must be submitted 90 calendar days before contract award deadline. If an extension is granted, CITY agrees to award a contract within the award extension deadline. I. CITY agrees to provide a 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 to be Six Hundred Ninety Two Thousand Two Hundred Twenty Four Dollars ($692,224). 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 One Million Three Hundred Eighty Four Thousand Four Hundred Forty Eight Dollars ($1,384,448); 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 ". LCamm \CLERICAL \CLERICAL \WORDPROC\ GREE\AG21842.d" Page 6 of 12 v — COOPERATIVE AGREEMENT NO. C -2 -1842 1 M. CITY will submit a final project report to the OTC within six months of project 2 becoming operable in accordance with the 2011 -2013 CTC SLPP Guidelines and Proposition 1B 3 Project Close Out Process. 4 N. CITY will submit a final report to AUTHORITY within six (6) months of Caltrans s payment of final billing for PROJECT in accordance with Exhibit C titled "Final Project Report Form." 6 O. CITY is responsible for completing PROJECT in accordance with the funding plan 7 (EXHIBIT A), timely use of funds requirements, and for abiding by all 2011 -2013 CTC SLPP 8 Guidelines, OCTA SLPP Formula Grant Call for Projects program guidelines and procedures, State v Transportation Improvement Program Guidelines, and any and all other requirements of the State, 10 OTC, and Caltrans related to SLPP funding, including but not limited to the Caltrans Local 11 Assistance Program Guidelines and Local Assistance Procedures Manual. 12 P. CITY is responsible for submitting quarterly review reports for PROJECT to Caltrans. 13 Reports must be copied to AUTHORITY. 14 Q. CITY understands that if PROJECT is cancelled or cannot meet the 15 December 31, 2012 allocation submittal deadline or allocate funds to a project by June 30, 2013, the 16 SLPP funding will be withdrawn from CITY and will be redistributed to other AUTHORITY's projects. 17 ARTICLE 5. DELEGATED AUTHORITY 18 The actions required to be taken by CITY in the implementation of this Agreement are 19 delegated to each Director of Public Works, or designee, and the actions required to be taken by 20 AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief 21 Executive Officer, or designee. 22 ARTICLE 8. AUDIT AND INSPECTION 23 PARTIES shall maintain a complete set of records in accordance with generally accepted 24 accounting principles. Upon reasonable notice, CITY shall permit the authorized representatives of 25 AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and 26 records of CITY for a period of four (4) years after final payment, or until any on -going audit is Page 7 of 12 L: Cam . \CLERiCALICLERICALIWOROPZOCV GREET AG21842.doo COOPERATIVE AGREEMENT NO. C -2 -1842 1 completed. For purposes of audit, the date of completion of this Agreement shall be the date of 2 Caltrans' payment of CITY's final billing (so noted on the invoice) under this Agreement. 3 AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above a provision with respect to audits shall extend to and /or be included in construction contracts with s CITY's contractor. 6 ARTICLE T. INDEMNIFICATION 7 A. CITY shall each indemnify, defend and hold harmless AUTHORITY, its officers, s directors, employees and agents from and against any and all claims (including attorney's fees and 9 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including 10 death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be 11 caused by the negligent acts, omissions or willful misconduct by either CITY, its officers, directors, 12 employees or agents in connection with or arising out of the performance of this Agreement. 13 B. AUTHORITY shall indemnify, defend and hold harmless both CITY, its officers, 14 directors, employees and agents from and against any and all claims (including attorney's fees and 15 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including 16 death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be 19 caused by the negligent acts, omissions or willful misconduct by either AUTHORITY, its officers, 1s directors, employees or agents in connection with or arising out of the performance of this 19 Agreement. 20 C. The indemnification and defense obligations of this Agreement shall survive its 21 expiration or termination. 22 ! 23 % 24 ! 25 / 26 1 Page 8 of 12 L: CammtCLERiCALXCLER [CAL?WORDPROCWGREE1AG21e42. m Y 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C -2 -1842 ARTICLE 8. ADDITIONAL PROVISIONS PARTIES agree to the following mutual responsibilities: A. Term of Agreement: This Agreement shall continue in full force and effect through PROJECT completion, final acceptance by AUTHORITY, Caltrans' payment of the CITY's final billing, or 42 months from the date of CTC allocation, whichever is earlier. This Agreement may be extended at the mutual consent of all parties. B. Termination: This Agreement is null and void if PROJECT is not funded. AUTHORITY shall cancel PROJECT for which CITY has not awarded a contract twelve months after the date of CTC allocation, or has not advanced the PROJECT to ready to list stage as determined by AUTHORITY. This- Agreement - mar -be- terminated 'by °either -party after -giving -thir H30- )- calendare. 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. Page 9 of 12 L:Cwwrt CLERICALtrLEWALMORDPROCWGREE +AG2164240C 0 COOPERATIVE AGREEMENT NO. C -2 -1842 i H. Force Maieure: Each of the PARTIES shall be excused from performing its 2 obligations under this Agreement during the time and to the extent that it is prevented from 3 performing by an unforeseeable cause beyond its control, including but not limited to; any incidence 4 of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, s state or local government; national fuel shortage; or a material act or omission by the other party; 6 when satisfactory evidence of such cause is presented to the other party, and provided further that 7 such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence s of the PARTY not performing. 9 I. Assignment: Neither this Agreement, nor any of the PARTIES' rights, obligations, 10 duties, or authority hereunder may be assigned in whole or in part by any party without the prior zt written consent of the other parties in their sole and absolute discretion. Any such attempt of 12 assignment shall be deemed void and of no force and effect. Consent to one assignment shall not 13 be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such 14 subsequent assignment. is J. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to 16 authorize or require any party to issue bonds, notes or other evidences of indebtedness under the 17 terms, in amounts, or for purposes other than as authorized by local, state or federal law. is K. Governing Law: The laws of the State of California and applicable local and federal 19 laws, regulations and guidelines shall govern this Agreement. 20 L. Litigation fees: Should litigation arise out of this Agreement for the performance 21 thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing party. 22 ! 23 ! 24 / 2S 26 / Page 10 of 12 l:Ca miaERicauaEwcALn ORDPaacwGREEl G21842.ca 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C -2 -1842 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 Newport Beach Orange County Transportation Authority 3300 Newport Boulevard 550 South Main Street Newport Beach, CA 92663 P. O. Box 14184 Orange, CA 92863 -1584 Attention: Attention: Meena Katakia Andy Tran Manager, Capital Projects Tel: 949 - 644 -3315 Tel: 714 - 560 -5694 E -mail: atran @newportbeachca.gov 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. / / / Page 11 of 12 L:Camm1CLERICAL\ CLERICAL \W OROPROC W GREE IAG21842.dm 1 2 3 4 5 6 7 s 9 i0 u 12 13 14 15 16 17 1s 19 20 21 ® 22 23 24 25 26 1 COOPER.,,.,VE AGREEMENT NO. C-2-1842 This Cooperative Agreement shall be effective upon execution by all parties. IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement No. C-2-1842 to be executed on the date first above written. CITY OF NEWPORT CH ORANGE COUNTY TRANSPORTATION AUTHORITY By: By: Nancy Ga �-� F�,o Will Kempton Mayor Chief Executive Officer ATTEST: An 1 B L \y 11A " 25X y� v Leilani I. Brown City Clerk APPROVED AS TO FORM: By: �AuM--�k yI Gl(z.. Aaron Harp City Attorney Dated: 16 g111V Attachments: Exhibit A: SLPP Funding Plan Exhibit B: Semi Annual Report Form Exhibit C: Final Project Report Form L:Camm\CLERICAL\CLERICAL\W ORDPROC\AGREEWG21842.doc APPROVED AS TO FORM: By: "', �` Kennard R. Smart, Jr. General Counsel APPROVAL RECOMMEWt)ED: By: Kia Mortazav1 Executive Director, Planning Dated: / — % 'J Page 12 of 12 AGREEMENT NO. C -2 -1842 EXHIBIT A SLPP FUNDING PLAN PROPOSITION 1 B STATE -LOCAL PARTNERSHIP PROGRAM CALL FOR PROJECTS BALBOA BOULEVARD AND CHANNEL ROAD PCC PAVEMENT RECONSTRUCTION Proiect Schedule and Fundinq Schedule Completion Date Final Environmental Document 6/1/2012 Begin Design Engineering 7/1/2012 Plans, Specifications, and Cost Estimates complete 11/1/2012 Start Right-of-Way Acquisition N/A Right-of-Way Certification N/A California Transportation Commission Allocation 1/812013 Award Construction Deadline 9/5/2013 Project Completion (open for use 5/3112013 Construction funding authorized through this agreement: Funding Range P 1 B SLPP: $692.224.00 M1 or M2 Fair Share: $692,224.00 Preliminary Engineering Fund Source Fiscal Year Original Planned Allocation Proportion Local Funds 2012 -2013 $200,000 100010 TOTAL $ 100% Riqht- of -Wav Fund Source Fiscal Year Original Planned Allocation Proportion N/A N/A N/A N/A TOTAL $ N/A Construction Fund Source Fiscal Year Original Planned Allocation Range Proportion P1 B SLPP 2 2012 -2013 $692,224 50% M2 Fair Share" 2012 -2013 $692,224 50% TOTAL $1,384,448 100% 1. P1 B SLPP and M1 or M2 Fair Share will remain equal_ If needed, amounts will be reduced proportionally. Project Title: Agency: Schedule AGREEMENT NO. C -2 -1842 EXHIBIT B Original Current Completion Completion Date Date Draft Environmental Document Fiscal Year Planned Obligation Final Environmental Document Actual Ex ended Remaining Allocation Begin Design Engineering Plans, Specifications, and Cost Estimates complete Start Right-of-Way Acquisition Right-of-Way Certification Submit Request for Authorization for Const E -76 Ready to Advertise Award Construction Project Completion (open for use Funding Table: Preliminary Engineering $000's Fund Source Fiscal Year Planned Obligation Current Estimates Actual Ex ended Remaining Allocation Right- of -WaY ($000's) Fund Source Fiscal Year Planned Obligation Current Estimates Actual Expended Remaining Allocation Construction ($000's) Fund Source Fiscal Year Planned Obligation Revised Allocation Actual Expended Remaining Allocation lov Major Activities: Status: Issues: Name/Title: Phone: Email: MANIVIE1.1 2 SLPP: FINAL COST AGREEMENT NO. C -2 -1842 EXHIBIT C 1 hereby certify that the statements provided here are true and correct. Project Title Name Title JPublic Works Director Signature I I Date ■ Yes No N/A 1 The project is designed to city /county and other participating jurisdictions' standards. ❑ ❑ ❑ 2 The project contract was awarded on: I ENTER DATE —J ❑ ❑ ❑ 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. ❑ ❑ ❑ 8 All required environmental documentation is complete and certified. ❑ ❑ ❑ 7 An updated project schedule is included with the final invoice. ❑ ❑ ❑ 8 The final invoice is attached with all the necessary documentation. ❑ ❑ ❑ Name Title JPublic Works Director Signature I I Date ■ AGREEMENT NO. C -2 -1842 EXHIBIT C EXHIBIT C: FINAL PROJECT REPORT FORM OCTA Date Instructions The responsible agency should fill out the following: 1) Final Project Form, 2) Final Cost, 3) Certificate of Completion. In addition, the agency must attach before (if available) and after photographs of the project site and the address or location of the site under the Location and Scope of work section. Location and Scope of Work Verification of Match (Actual Expenditures) ocneauie At— Page 1 MISER � 7} g�, ii} n1Yti i }> . } } �aY1l o i} Yt 4 Engineering $ $ - $ - $ - $ - $ - Right-of-Way $ $ - $ - $ - $ - $ - Construction $ $ - $ - $ - $ - $ - Total $ $ - $ - $ - $ - $ - ocneauie At— Page 1 SLPP: FINAL COST AGREEMENT NO. C -2 -1842 EXHIBIT C TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David Webb, Public Works Director 949- 644 -3311, dawebb@newportbeachca.gov PREPARED BY: Jamie Hook, Finance and Administrative Manager APPROVED: TITLE: Orange County Transportation Authority Cooperative Agreement C- 2 -1842 for Proposition 1 B State -Local Partnership Program Funding for Balboa Boulevard and Channel Road Pavement Reconstruction The Orange County Transportation Authority (OCTA) Board of Directors approved the City's request for project funding for the Balboa Boulevard and Channel Road Pavement Reconstruction project under the Proposition 1B State -Local Partnership Program. A cooperative agreement needs to be executed and returned to OCTA by December 5, 2012 to receive the approved funding. 011i a- r Approve Cooperative Agreement C -2 -1842 Authority (OCTA) for State -Local Partnershi p and Channel Road Pavement Reconstruction Clerk to execute the agreement. a w with the Orange County Program funding for B< project and authorize the Transportation Iboa Boulevard Mayor and City The current Fiscal Year 12 -13 Capital Improvement Program includes $1,975,500 for the Balboa Boulevard and Channel Road Pavement Reconstruction project, including the identified Proposition 1 B SLPP funds. Earlier this year, approximately $21 million of California Proposition 113 SLPP funds became available to the 34 Orange County cities and Unincorporated County of Orange. OCTA plans to disburse these funds on a formula basis to each of the 35 local agencies. This funding can only be used for construction phase activities and proposed improvement projects must extend the useful life of the facility by at least 15 years I of 20 Orange County Transportation Authority Cooperative Agreement C -2 -1842 for Proposition 1B State -LOCal Partnership Program Funding for Balboa Boulevard and Channel Road Pavement Reconstruction November 27, 2012 Page 2 To be eligible for funding consideration, local agencies were required to submit an application and commit to a minimum 50 percent match. Staff submitted three funding applications for various pavement improvement projects as affirmed by the City Council at its June 12, 2012 meeting. OCTA has advised the City of Newport Beach that it is projected to receive $692,224 of Proposition 1B SLPP funds for the Balboa Boulevard and Channel Road Pavement Reconstruction project. The attached Cooperative Agreement with OCTA must be executed and returned to OCTA by December 5, 2012 for staff to request its approved allocation of funds. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: David ebb Public Works Director Attachment: A. OCTA Cooperative Agreement C -2 -1842 2 of 20 r 2 3 4 s 6 7 s 9 10 u 12 13 14 Ss 16 17 i8 19 20 21 22 23 24 25 26 ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF NEWPORT BEACH FOR PROPOSITION 113 STATE - LOCAL PARTNERSHIP PROGRAM CALL FOR PROJECTS THIS AGREEMENT is effective this day of 2012, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863, a public corporation of the State of California (hereinafter referred to as "AUTHORITY "), the City of Newport Beach; 3300 Newport Boulevard, Newport Beach, California 92663, 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 construction of the Balboa Boulevard and Channel Road Portland Cement Concrete Pavement 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 Calf for Projects, incorporated herein by reference; and WHEREAS, the California Transportation Commission (CTC) programs and allocates the Proposition 1B Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006; (Proposition 1 B) State -Local Partnership Program (SLPP) funds on behalf of the State of California; and 1 L: Cam01CLERiCAL \CLEMCALIWORDPROCWGREE 62,IM2.d= Page 1 of 12 t nits.i' 3 of 20 COOPERATIVE AGREEMENT NO. C -2 -1842 i WHEREAS, the California Department of Transportation (Caltrans) administers the SLPP z program on behalf of the State of California and the California Transportation Commission (CTC), 3 including direct reimbursement of SLPP funds to the CITY for project activities. a WHEREAS, AUTHORITY is responsible for programming the formula SLPP funds to specific s projects within Orange County; and 6 WHEREAS, the CITY will be the direct recipient of SLPP funds from the State and will act as 7 lead agency for environmental, engineering, right -of -way, construction and construction s management of the PROJECT; and a WHEREAS, CITY is responsible to request and receive approvals frorn the appropriate State fa and Local agencies in order to proceed or commence each phase of PROJECT for performance 11 under this Agreement; and is WHEREAS, SLPP funding for PROJECT is contingent upon funding being available through 13 both allocation by the CTC and availability of SLPP funds, and CITY maintaining eligibility for this 14 funding for PROJECT and maintaining eligibility under Ordinance No. 3 to provide match funding; is and 16 WHEREAS, CITY commits Two Hundred Thousand Dollars ($200,000) in local agency funds 17 for the preliminary engineering phase; and is WHEREAS, on July 23, 2012 AUTHORITY's Board of Directors, approved programming of 19 Six Hundred Ninety Two Thousand Two Hundred Twenty Four Dollars ($692,224) in SLPP funds for 20 the construction phase of PROJECT, to be matched with Six Hundred Ninety Two Thousand Two ii Hundred Twenty Four Dollars ($692,224) of Measure M2 Fair Share (M2 Fair Share) local match for 212 a total construction phase cost of One Million Three Hundred Eighty Four Thousand Four Hundred 23 Forty Eight Dollars .($1,384,448) for the construction phase of PROJECT in accordance with 24 Exhibit A titled "SLPP Funding Plan ", which is attached herein and incorporated by reference; and 25 WHEREAS, PARTIES agree CITY will adhere to M2 Comprehensive Transportation Funding 26 Programs Master Funding Agreement C -1 -2776 executed between CITY and AUTHORITY; and Page 2 of 12 1,: Cnrzvn lGLC- RICALIGLEAIGAL \WOROPROONGRE2AG21842.dm ..rry �/�� V 4 of 20 COOPERATIVE AGREEMENT NO. C -2 -18$2 i WHEREAS, PARTIES agree that CITY's SLPP local match funding requirements for 2 PROJECT will be provided from CITY's Measure M Turnback or M2 Fair Share distribution and shall 3 be used as a dollar- for - dollar match for the SLPP funds approved for PROJECT; and a WHEREAS, this Cooperative Agreement (Agreement) defines the specific terms and s conditions and funding responsibilities between AUTHORITY and CITY for completion of the 6 PROJECT; and v ` WHEREAS, AUTHORITY's Board of Directors approved this Cooperative Agreement on s July 23, 2012; and v WHEREAS, CITY's Council approved this Cooperative Agreement on this day of 10 2012; and u NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as 12 follows: 13 ARTICLE 1. COMPLETE AGREEMENT fa A. This Agreement, including any attachments incorporated herein and made applicable is by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of 16 this agreement between PARTIES and it supersedes all prior . representations, understandings, and 17 communications. The invalidity in whole or in .part of any term or condition of this Agreement . shall is not affect the validity of other term(s) or conditions(s) of this Agreement. The above referenced 19 Recitals are true and correct and are incorporated by reference herein. 20 B. AUTHORITY'S failure to insist on any Instance(s) of CITY's performance of any 21 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of 22 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), 23 and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any 24 portion of this Agreement shall not be binding upon AUTHORITY. except when specifically confirmed 25 in writing by an authorized representative of AUTHORITY by way of a written amendment to this 26 Agreement and issued in accordance with the provisions of this Agreement. Page 3 of 12 L: Ca. mkCLERICAUCLERIOALVWOROPROCI4GREEWG218 2,d. 0/1 --5 of 20 2 u 4 s m � 12 13 14 is 16 1? N 19 20 21 22 23 24 25 26| C. C|TY's failure to insist on any of XUTHORITY's performance N any uroondibunks>ofthis Agreement shall not be construed asa waiver nr relinquishment af C[TY'Sight to such performance orto future performance of such term(s) or condition(s), and &VTH{)RITY/s obligation iD respect thereto shall continue iR full force and effect, Changes k)any portion of this Aonoanoe8t Sh$(/ 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 o[ this 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 inall activities covered hv this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof, AUTHORITY agrees to the following responsibilities for PROJECT: A. AUTHORITY shall formally request 4m behalf of CITY that the Southo/nCalifornia Aeoedatiuu of Governments (SC/&G) amend the Federal Transportation |mnpnxnemAeh| F`rUOxym /FTIP9toprogram PROJECT /n accordance with the funding plan outlined in Exhibit A, where-by AUTHORITY's performance under this Agreement is contingent upon SCAG, Caltrans, and Federal Highways Administration (FHVV/Aapproval. B. AUTHORITY shall request that the CTC program Six Hundred Ninety Two Thousand Two Hundred Twenty Four Dollars ($692,224) in 6LpP funds for the C088truud80 phase of PROJECT contingent on the availability of funds, and is not obligated to program urprovide any amount above the funding identified /n this Article� C. AUTHORITY shall provide assistance to CITY i\securi88 the SUPPfunds. D. AUTHORITY shall review and approve CITY's request for allocation prior to submittal to Caltran District 12. Page 4 of 12 COOPERATIVE AGREEMENT NO. C-2-1842 E� AUTHORITY 8h8|| t*Qce| PROJECT if CITY has not oobnidod o completed [}TC allocation request tu the AUTHORITY hv December 31/2D12. F. AUTHORITY SbaU 8ano8| PROJECT if CITY has not u&rnp]ebed prenoAstruttioM 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, 2011 G. AUTHORITY shall cancel project ifC|TYhaonVtawardedncnnotruChOnuODtra(t for pjert/o\ within six (8) months of CTC allocation and has not received ao approved extension from x theC7C. * H. AUTHORITY shall cancel PROJECT if the CITY receives an approved extension from m the CTC and does not award the project within the award extension deadline. Yf PROJECT io 11 cancelled, CITY i*not entitled tV the 3LPPfunds. 12 ARTICLE 4. RESPONSIBILITIES OF CITY 13 CITY agrees to the following responsibilities for PROJECT: /* &, CITY |n the direct recipient of SLyy funds and will act 8o the lead agency for the 15 environmental, engineering, right-of-way, construction, and construction management of PROJECT. 16 B� CITY agrees that AUTHORITY is responsible for programming Six Hundred Ninety 17 Two Thousand Two Hundred Twenty Four Dollars ($692,224) In SLPP funds for the construction ,x phase nf PROJECT and in not obligated to program Or provide any amount beyond the MUnoUDt 19 identified in this Article. 20 C. CITY ia responsible for adhering tU Chapter 378. Statutes of2O11 (Assembly Bill 43d) 21 Compliance Monitoring Unit, 22 D� CITY is eeapo%o|hk3 for preparing and aubnuitb00 to AUTHORITY 23 all CTC documentation needed for allocation vote for SLPP funds and completing all tasks required 24 in order to legally advertise the project for construction ninety (90) calendar days prior to CTC 25 meeting and ho later than December 31,2012. 26 E. CITY is responsible for notifying AUTHORITY immediately of any expected delays or Page 5ofi2 1.�Copm*/owCALkCLcntCmm'Gxopnutnonsemm21w2xu 7 ^/oo I 2 3 9 10 11 72 r3 14 1s 16 17 18 19 20 21 22 j 23 24 25 26 changes to PROJECT that deviate from Exhibit A, F: CITY is responsible for preparing and submitting all necessary CTC and Caltrans documentation including the allocation request. All prior approvals, including but not limited to CTC environmental approval by December 31, 2412 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. 1. 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 to be Six Hundred Ninety Two Thousand Two Hundred Twenty Four Dollars ($692,224). 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 One Million Three Hundred Eighty Four Thousand Four Hundred Forty Eight Dollars ($1,384,448); 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 ". Page 6 of 12 C.iaaeniCLERlCF EtCIERiCAtrihORDPROCU+GftE[WG2i BA2.doc /8 _f COOPERATIVE AGREEMENT NO. G -2 -1842 a M. CITY will submit a final project report to the CTC within six months of project z becoming operable in accordance with the 2011 -2013 CTC SLPP Guidelines and Proposition 113 3 Project Close Out Process. 4 N. CITY will submit a final report to AUTHORITY within six (6) months of Caltrans s payment of final billing for PROJECT in accordance with Exhibit C titled "Final Project Report Form." 6 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 s Guidelines, OCTA SLPP Formula Grant Call for Projects program guidelines and procedures, State s Transportation Improvement Program Guidelines, and any and all other requirements of the State, 10 CTC, and Caltrans related to SLPP funding, including but not limited to the Caltrans Local it Assistance Program Guidelines and Local Assistance Procedures Manual. 12 P. CITY is responsible for submitting quarterly review reports for PROJECT to Caltrans. 13 Reports must be copied to AUTHORITY. 14 Q. CITY understands that if PROJECT is cancelled or cannot meet the 15 December 31, 2012 allocation submittal deadline or allocate funds to a project by June 30, 2013, the 16 SLAP funding will be withdrawn from CITY and will be redistributed to other AUTHORITY's projects. 17 ARTICLE 5.. DELEGATED AUTHORITY is The actions required to be taken by CITY in the implementation of this Agreement are 19 delegated to each Director of Public Works, or designee, and the .actions required to be taken by 20 AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief 21 Executive Officer, or designee. 22 ARTICLE 6. AUDIT AND INSPECTION 23 PARTIES shall maintain a complete set of records in accordance with generally accepted 24 accounting principles. Upon reasonable notice, CITY shall permit the authorized representatives of is AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and 26 records of CITY for a period of four (4) years after final payment, or until any on -going audit is Page 7 of 12 L: C.,,.\ CLERICAUCLERICAL \WOROPROCIAGREEWG218 2.dm 9,Qf,26 COOPERATIVE AGREEMENT RIO. C- 21842 I completed. For purposes of audit, the date of completion of this Agreement shall be the date of 2 Caltrans' payment of CITY's final billing (so noted on the invoice) under this Agreement. 3 AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above 4 provision with respect to audits shall extend to and/or be included in construction contracts with s CITY's contractor. s ARTICLE 7. INDEMNIFICATION 7 A. CITY shall each :indemnify, defend and hold harmless AUTHORITY, its officers, s directors, employees and agents from and against any and all claims (including attorney's fees and v reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including 10 death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be ii caused by the negligent acts, omissions or willful misconduct by either CITY, its officers, directors, 12 employees or agents in connection with or arising out of the performance of this Agreement. 13 B. AUTHORITY shall indemnify, defend and hold harmless both CITY, its officers, 14 directors, employees and agents from and against any and all claims (including attorney's fees and is reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including 16 death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be 17 caused by the negligent acts, omissions or willful misconduct by either AUTHORITY, its officers, is directors, employees or agents in connection with or arising out of the performance of this 19 Agreement. 20 C. The indemnification and defense obligations of this Agreement shall survive its 21 expiration or termination. 22 23 24 % 2s 1 2e / Page 8 o €12 LCamm \CLERICALiCLERiCAL \WOROPROC GREE G2lM24o i qt. 1 % $ ^ 5 6 ? 8 9 x� � � 13 N is 16 17 /" m 20 21 2Z 23 24 25 26 PARTIES agree t0 the following mutual responsibilities: X Term of Agreement: This Agreement shall continue |A' full force and effect through PROJECT completion, final acceptance by AUTHORITY, Cn|trano/ payment of the C|TY's Uoa| billing, nr42 months from the date ofCTC allocation, whichever iuearlier. This Agreement may ba extended at the mutual consent 0f all parties. B. Termination: This Agreement |s null and void ifPFXOJECl`|% 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 bv either party after giving thirty (80)calendar days written notice. This Agreement shall not be terminated without mutual agreement of all parties. C, This Agreement may be amended in writing ck any time bvthe mutual consent ofall 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, ordinances and regulations uf any governmental authority having jurisdiction over the PR[}JE[T- E 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 bthe provisions of this Agreement. F If any term, provision, covenant or condition of this Agreement isheld to be invalid, void nrotherwise unenforceable, |V any extent, by any court competent jurisdiction, the remainder cf this Agreement shall not be affected thereby, and each term, provision, covenant 8r 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 permitted. and all of which together shall constitute the same agreement. Facsimile signatures will be Page 9 of 12 11 COOPERATIVE AGREEMENT NO, C- 2.1842 1 H. Force Maieure: Each of the PARTIES shall be excused from performing its 2 obligations under this Agreement during the time and to the extent that it is prevented from 3 performing by an unforeseeable cause beyond its control, including but not limited to; any incidence 4 of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, s state or local government; national fuel shortage; or a material act or omission by the other party; 6 when satisfactory evidence of such cause is presented to the other party, and provided further that 7 such nonperformance is unforeseeable, .beyond the control and is not due to the fault or negligence s of the PARTY not performing. 1. Assignment: Neither this Agreement, nor any of the PARTIES' rights, obligations, to duties, or authority hereunder may be assigned in whole or in part by any party without the prior u written consent of the other parties in their sole and absolute discretion. Any such attempt of 12 assignment shall be deemed void and of no force and affect. Consent to one assignment shall riot 13 be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such to subsequent assignment. rs J. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to 16 authorize or require any party to issue bonds, notes or other evidences of indebtedness under the 17 terms, in amounts, or for purposes other than as authorized by local, state or federal law. za K. Governing Law: The laws of the State of California and applicable local and federal 29 laws, regulations and guidelines shall govern this Agreement. 20 L. Litigation fees: Should litigation arise out of this Agreement for the performance 21 thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing party.. 22 / 23 24 % 2s 26 / Page 10 of 12 L:Caom \CLERICALICLERICALIW OROPROCV,6REEW.621 &h2.doc t2 pf$6 i z 3 4 s 6 7 a 9 as SY iz 13 14 15 16 1 17 is I 19 20 21' 22 23 24 25 26 COOPERATIVE AGREEMENT NO, C- 2-1842 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 Newport Beach Orange County Transportation Authority 3300 Newport Boulevard 550 South Main Street Newport Beach, CA 92663 P. O. Box 14184 Orange, CA 92863 -1584 Attention: Attention: Meena Katakia Andy Iran Manager, Capital Projects TeL 949- 644 -3315 Tel: 714- 560 -5694 E -mail: atran @newportbeachca.gov E -mail: mkatakla @octa.net Cc: Cc: Louis xhao, 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 i Page 11 of 12 L:C.vi� CLERr-AL 1CLERICA6WORDPROCAGRE£WG21 MZ,dw 13 Gf I7„ `" i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 j 22 �J 23 Yl 24 25 26 COOPERATIVE AGREEMENT NO. C -2 -1842 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 -1842 to be executed on the date first above written. r *• ,. .r , r •* By: _ By . ._ Nancy Gardner Will Kempton Mayor Chief Executive Officer ATTEST: APPROVED AS TO FORM: By: By: � I. Brown Kennard R. Smart, Jr. City Clerk General Counsel APPROVED AS TO /FORM: APPROVAL RECOMMENDED: By: ( P /� IAti� �---�--1 kj lit, By: Aaron Harp Kia Mortazavi City Attorney "Ain It -h 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 L:Cawv CLERICAL\ CLMCAL \WORWROCAGRELIAC21&42,doc 14 9f20 AGREEMENT NO. C -2 -1842 EXHIBIT A Ew'il Q LI �i1 ©1Q 7�T I CALL PROJECTS ax if t. Project Schedule and Funding Schedule Completion Date Final Environmental Document Begin Design Engineennq _ Plans, Specifications and Cost Estimates complete 8/1/2012 711/2012 11/7/2012 _ Start Right -of -Way Acquisition NIA Right -of -Way Certification NIA California Transportation Commission Allocation 11812013 Award Construction Deadline 1916/201-3-- Project Completion .(open for use) 513112013 Construction funding authorized through this agreement: Funding Range P7 B SLPP: $692,224.00 M1 or M2 Fair Share: $692,224.00 Preliminary Engineering Fund Source Fiscal Year Original Planned Allocation Proportion Local Funds 2012 -2013 $200,000 100% TOTAL 1 $ 1 100% Construction — -- Fund Source _ -- Fiscal Year _ _ Qrigina! Piannod Allocation Ranee Proportion r'1F3 SLPP' z 20_12 -2013 $692;224 _ 50% M2 Fair Share' 2 2092 -2013 $692 224 50 °l0 TOTAL $1,384,448 100% T7 P I B SLPP and M7 0r M2 Fair Share will remain equal.. if needed, amounts wilt tie reduced proportionally. 16 of2a Project Title: Agency: Date:. Schedule Original Current Completion Completion Date Date y y Drafi Environmental Document Fiscal Year Planned Obligation Final Environmental Document Actual Expended Remaining Allocation Begin Design En ineerin Plans, Specifications, and Cost Estimates complete Start Right-of-Way Acquisition Right -of -Wa Certification Submit Request for Authorization for Const E -76 Ready to Advertise i Award Construction Project Completion (open for use) Funding Table'. Preliminary Engineering $000's Fund Source Fiscal Year Planned Obligation Current Estimates Actual Expended Remaining Allocation Right- of -Wav ($000's) Fund Source F_ iscal Year Planned Obligation Current Estimates Actual Expended Remaining Allocation Construction $000's Fund Source Fiscal Year Planned Obligation Revised Allocation Actual Expended Remaining Allocation 16 of 20 Major Activities: Status: Issues: Phone: 2 17 of 20 AGREEMENT NO. C-2— EXHIBIT C SLPP:FINAL COST OCTA I hereby certify that the statements provided here are true and correct. Project Title I Wf 12- Page 3 Yes No N/A The project is designed to city/county and other participating jurisdictions' standards. [] [l [7 The project contract was awarded on: [] r7 [_] The total cost nf the contract io equal taor less than the total TE [] Fl [l funds awarded and matching funds provided. The oityYcouUU/ provided matching funds to the project. [] [1 [] QiQbt,of-way was acquired in conformance with city/county procedures, [] [] [] All required environmental documentation |a complete and certified. [] E] [] 4n updated project schedule io included with the final invoice. [] [] Fl The final invoice io attached with all the necessary documentation. [] [] [] I Wf 12- Page 3 AGREEMENT NO. C- 2.1842 EXHIBIT C EXHIBIT C. FINAL PROJECT REPORT FORM OCTA Date and Verification of Match 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:.! Rafe 19 of" 20 Page 1 AGREEMENT NO. C -2 -1642 EXHIBIT C 2pgbP2