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AGREEMENT NO. C-0-1812 <br />I WHEREAS, CITY and AUTHORITY agree that the total full funding for the PROJECT <br />2 including engineering, right-of-way acquisition, construction management and construction shall be <br />3 Three Hundred Eighty One Thousand Dollars ($381,000) in accordance with Exhibit A titled "TE <br />a Funding Plan", which is attached herein and incorporated by reference; and <br />5 WHEREAS, AUTHORITY and CITY agree that Caltrans and Federal Highway Administration <br />6 (FHWA) authorization is required following the AUTHORITY's amendment to the Federal <br />7 Transportation Improvement Program (FTIP), and in order to proceed or commence each phase of <br />s PROJECT for performance under this Agreement; and <br />9 WHEREAS, AUTHORITY and CITY agree that the Federal Safe, Accountable, Flexible, <br />10 Efficient Transportation Equity Act - A Legacy for Users (SAFETEA-LU), which provides the TE <br />I i funding, was passed by the federal government in 2005, expired in September of 2009 and was <br />12 extended until December of 2010. TE funding for the PROJECT is contingent upon funding being <br />13 available through SAFETEA-LU or a new transportation act and the PROJECT maintaining its <br />14 eligibility for this funding; and <br />15 WHEREAS, the California Department of Transportation (Caltrans) administers the <br />16 Transportation Enhancement (TE) program on behalf of the Federal Highways Administration <br />17 (FHWA) and the California Transportation Commission (CTC) approves funding for projects through <br />is the State Transportation Improvement Program (STIP). AUTHORITY is responsible for programming <br />19 the funds to specific projects within Orange County. Caltrans in responsible for acquiring federal <br />20 approvals for the project on behalf of the CITY, determining federal eligibility, compliance with <br />21 federal requirements, and reimbursement for project activities. <br />22 WHEREAS, CITY agrees to act as lead agency for engineering, right-of-way acquisition, <br />23 construction management and construction of said PROJECT; and <br />24 WHEREAS, this Cooperative Agreement defines the specific terms and conditions and <br />25 funding responsibilities between AUTHORITY and CITY (hereinafter referred to as "PARTIES") for <br />26 completion of the PROJECT. <br />Page 2 of 10 <br />L. Camm\CLERICAL\CLERICAL\WOROPROCWGRE E\AGO1812 <br />20B-4