25F - AGMT - STREETCAR CONSTRUCTION

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COOPERATIVE AGREEMENT NO. C -6 -1516 1 WHEREAS, the AUTHORITY and the CITY entered into a Memorandum of Understanding on 2 August 31, 2015 for this Project (MOU); and 3 WHEREAS, the AUTHORITY and the CITY entered into a Design Agreement on May 9, 2016 4 for the design phase of this Project; and 5 WHEREAS, the AUTHORITY and the CITY entered into the City Right of Way Agreement on 6 March 17, 2017 whereby CITY granted AUTHORITY the right to construct the OC Streetcar Project 7 and operate and maintain the OC Streetcar System within CITY Right of Way; and 8 WHEREAS, the AUTHORITY is a grantee of a Federal Transit Administration (FTA) grant and 9 in cooperation with the FTA and the CITY, is proposing to design, construct, operate and maintain the 10 OC Streetcar; and 11 WHEREAS, this Agreement defines the roles, responsibilities, commitments and obligations, 12 for the AUTHORITY and the CITY as they relate to the construction of the Project including financial 13 obligations; and 14 WHEREAS it is the intent of the AUTHORITY and the CITY that the CITY shall be acting at all 15 times in respect to the Project as a Vendor as that term is used for federal funding requirements 16 purposes; and 17 WHEREAS, the OC Streetcar Project becomes the "OC Streetcar System" upon the initiation 18 of revenue service; and 19 WHEREAS, the Parties intend to enter into an agreement, prior to Revenue Service, to 20 establish each Party's roles and responsibilities as they relate to the operations and maintenance of 21 the OC Streetcar System; and 22 WHEREAS, the award of the Project to a Construction Contractor is subject to receipt of 23 federal, state, and /or local funds adequate to carry out the provisions of the Project; and 24 WHEREAS, the AUTHORITY's Board of Directors authorized this Agreement on 25 March 27, 2017; and 26 / Page 2 of 15 I: \cam m \clerical \wo rd proc \agree \ag61516. docx 25F -6