25F - AGMT - STREETCAR CONSTRUCTION

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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 -6 -1516 WHEREAS, the CITY's City Council approved this Agreement on NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and the CITY as follows: ARTICLE 1. "Betterment" means any work or items that are requested by the CITY or a third party that go beyond what is needed for the basic functioning of the Project. Betterments must i) not be prohibited by a governing state or federal standard ii) not adversely impact the operation of the Project and iii) not unreasonably delay or interfere with the Project schedule. Notwithstanding the foregoing, none of the following shall be considered Betterments: (a) A change in scope to which the Parties mutually agree, is necessary for the construction, operation or maintenance of the Project; (b) A requirement of applicable law; (c) A requirement of applicable CITY standards, in effect at the execution of the Design Agreement,; (d) Any measures to mitigate environmental or other impacts of the Project arising from the construction or operation or maintenance of the Project, including measures identified in the Project's EIR or any required supplemental or addenda environmental report once cleared. "CEQK means California Environmental Quality Act. "City Bike Lane Project" means the CITY's implementation of new bike lane facilities, including design and construction, within CITY streets and within the construction limits of the Project. The Bike Lane Project is not using Project funds. "City Right of Way Agreement" means the agreement established between the Parties establishing the AUTHORITY's right to use the CITY's right of way for the OC Streetcar. "Construction Contractor" means the firms(s) procured by the AUTHORITY to construct the Project or portions of the Project. Page 3 of 15 I: \cam m \clerical \wordproc \agree \ag61516.docx 25F -7