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COOPERATIVE AGREEMENT
Local Contribution Only
(R.11) This AGREEMENT, effective on August 23, 2022, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:
(R.23) City of Salinas, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.
RECITALS
PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System (SHS) per the California Streets and Highways Code, Sections 114 and 130.
The term AGREEMENT, as used herein, includes this document and any associated attachments, exhibits, and amendments. (R.28.lca) For the purpose of this AGREEMENT, working on Route 101 in Monterey County at the Sanborn Rd UC Bridge No. 44-0120, E Alisal St. UC Bridge No. 44-0122, and E Market St. UC Bridge No. 44-0093 will be referred to hereinafter as PROJECT. This description only serves to identify the PROJECT. The project scope of work is defined in the appropriate authorizing documents per the Project Development Procedures Manual. (R.2.lca) CITY will contribute an amount of One Hundred Thousand Dollars ($100,000) to the PROJECT. Contributed funds will be used for the PROJECT. (R.35.lca) PARTIES agree that funds will be contributed to the following PROJECT COMPONENTS:
CONSTRUCTION CAPITAL
(R.8.lca) PARTIES hereby set forth the terms, covenants, and conditions for CITY's contribution toward the PROJECT.
ROLES AND RESPONSIBILITIES
(R.5.lca) CALTRANS is the SPONSOR and IMPLEMENTING AGENCY for the PROJECT. (R.15.lca) CITY is a FUNDING PARTY contributing a fixed amount toward the PROJECT as shown in the FUNDING TABLE. (S.1.lca) CALTRANS is responsible for completing all work for the PROJECT.
GENERAL CONDITIONS
All portions of this AGREEMENT, including the Recitals Section, are enforceable. (L.l.3) All obligations of CALTRANS under the terms of this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, and the allocation of funds by the California Transportation Commission. (ICRP-Added 1-23-2017)The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically.
In accordance with California Senate Bill 848, the Administration Rate is capped at 10 percent until January 1, 2023, for Self-Help Counties with a countywide sales tax measure dedicated to transportation improvements. (L.l.42) Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT. (L.l.8) This AGREEMENT is intended to be PARTIES’ final expression and supersedes any oral understanding or writings pertaining to PROJECT.
INVOICE AND PAYMENT
(C.1.lca) CITY will contribute the funds listed below:
FUNDING TABLE
Fund Source
Fund Type
Project Component
Amount
Local
Local
Construction Capital
$100,000.00
Total Funds
$100,000.00
CALTRANS will invoice CITY for a lump sum (single payment), as a fixed cost, after execution of this AGREEMENT.
CITY will pay the invoiced amount within forty-five (45) calendar days of receipt of the invoice unless CITY is paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay the invoiced amount within five (5) calendar days of receipt of the invoice.
EFT.pda.inv.xxx.acc.2014-07-25
If CITY has received Electronic Funds Transfer (EFT) certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS. (L.l.6.lca.b) This AGREEMENT will terminate upon CALTRANS’ receipt of the PROJECT funds. However, all indemnification and final accounting articles will remain in effect until terminated or modified in writing by mutual agreement.
DEFINITIONS
(D.18) FUNDING PARTY – A PARTY who commits a defined dollar amount to the PROJECT. (D.22) FUNDING TABLE – The tabular listing of a FUNDING PARTY’S commitments including the dollar amount, fund source, fund type, and, if applicable, the PROJECT COMPONENT in which funds are to be spent. Funds listed in the FUNDING TABLE are “not-to-exceed” amounts. (D.5) IMPLEMENTING AGENCY – The party responsible for managing the scope, cost, and schedule of a project component to ensure the completion of that component.
PARTY – An individual signatory agency in this AGREEMENT. (D.20) PARTIES – The term that collectively references all of the signatory agencies to this AGREEMENT. (D.9.lca) SPONSOR – The PARTY that accepts the obligation to secure financial resources to fully fund PROJECT. This includes any additional funds beyond those committed in this AGREEMENT necessary to complete the full scope of PROJECT. (D.48) PROJECT COMPONENT – A distinct portion of the planning and project development process of a capital project as outlined in California Government Code, Section 14529(b). (D.30) PID (Project Initiation Document) – The activities required to deliver the project initiation document for the PROJECT. (D.29) PA&ED (Project Approval and Environmental Document) – The activities required to deliver the project approval and environmental documentation for the PROJECT. (D.32) PS&E (Plans, Specifications, and Estimate) – The activities required to deliver the plans, specifications, and estimate for the PROJECT. (D.33) R/W (Right of Way) SUPPORT –The activities required to obtain all property interests for the PROJECT. (D.50) R/W (Right of Way) CAPITAL – The funds for acquisition of property rights for the PROJECT. (D.31) CONSTRUCTION SUPPORT – The activities required for the administration, acceptance, and final documentation of the construction contract for the PROJECT. (D.45) CONSTRUCTION CAPITAL – The construction contract funds for the PROJECT.
CONTACT INFORMATION
(L.l.23) The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT. (L.l.20) The primary AGREEMENT contact person for CALTRANS is:
Nicholas Heisdorf, Project Manager
50 Higuera Street
San Luis Obispo, CA 3401
Office Phone: 805-853-6558
Email: [email protected]
(L.l.21) The primary AGREEMENT contact person for CITY is:
Maria Contreras, Project Manager
65 West Alisal Street, 2nd Floor
Salinas, CA 93901
Office Phone: (831)758-7429
SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
TIMOTHY M. GUBBINS
District Director
Verification of funds and authority:
Cheryl Berry
D5 Resource Manager
Certified as to financial terms and policies:
Nadine Karavan
HQ Accounting Supervisor
CITY OF SALINAS
Steve Carrigan
City Manager
Attest:
Mark Roberts
Director of Finance
Approved as to form and procedure:
Christopher A. Callihan
City Attorney
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Project Number: 0522000075
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05-MON-101-86.12/87.33
EA: 1P534
Project Number: 0522000075
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