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20A - AGMT - FLOWER STREET BIKE TRAIL
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20A - AGMT - FLOWER STREET BIKE TRAIL
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Last modified
1/3/2012 3:40:10 PM
Creation date
9/15/2011 4:01:19 PM
Metadata
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
20A
Date
9/19/2011
Destruction Year
2016
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AGREEMENT NO. C-1-2630 <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />WHEREAS, AUTHORITY and CITY agree that the total full funding for the PROJECT <br />including construction management and construction shall be Seven Hundred Sixty Two Thousand <br />Dollars ($762,000) in accordance with Exhibit A titled "TE Funding Plan", which is attached herein <br />and incorporated by reference; and <br />WHEREAS, AUTHORITY and CITY agree that the Federal Safe, Accountable, Flexible, <br />Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), which provides the TE <br />funding, was passed by the federal government in 2005, expired in September of 2009 and was <br />extended through a continuing resolution. TE funding for the PROJECT is contingent upon funding <br />being available through SAFETEA-LU or a new transportation act and the PROJECT maintaining its <br />eligibility for this funding; and <br />WHEREAS, the California Department of Transportation (Caltrans) administers the TE <br />program on behalf of the Federal Highway Administration (FHWA) and the California Transportation <br />Commission (CTC) approves funding for projects through the State Transportation Improvement <br />Program (STIP). AUTHORITY is responsible for programming the funds to specific projects within <br />Orange County. Caltrans is responsible for acquiring federal approvals for the project on behalf of <br />the CITY, determining federal eligibility, compliance with federal requirements, and reimbursement <br />for project activities. In order to proceed or commence each phase of PROJECT for performance <br />under this Agreement, CITY is responsible to request and receive approvals from the appropriate <br />State, Federal and Local agencies; and <br />WHEREAS, CITY agrees to act as lead agency for engineering, right-of-way acquisition, <br />construction management and construction of said PROJECT; and <br />WHEREAS, this Cooperative Agreement defines the specific terms and conditions and <br />funding responsibilities between AUTHORITY and CITY (hereinafter referred to as "PARTIES") for <br />completion of the PROJECT. <br />WHEREAS, the AUTHORITY's Board of Directors approved the Cooperative Agreement on <br />September 27, 2010; and <br />Page 2 of 10 <br />LCemm1CLERICALNCLER ICAL%WORDPROCMGREE WG 12630 <br />20A-4
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