2015/01/08 CalTrans McCall Interchange Improvements 08-RIV-215-20.80
Project Number:0815000023
EA: 1 F700
Agreement 08- 1594
COOPERATIVE AGREEMENT
Project Study Report— Project Development Support (PSR-PDS)
This Agreement, effective on /.� , is between the State of
California, acting through its epartment of" ransportation, referred to as CALTRANS, and:
City of Menifee, a body politic and municipal corporation of the State of California,referred
to hereinafter as CITY.
RECITALS
1. PARTNERS are authorized to enter into a cooperative agreement for improvements to the
state highway system (SHS)per Government Code 65086.5.
2. CITY desires that a project initiation document (PID) be developed for interchange
improvements at McCall Boulevard within the SHS, referred to herein as PROJECT.
3. PARTNERS acknowledge that this Agreement is to complete a Project Study Report-
Project Development Support(PSR-PDS) PID.
4. California Government Code section 65086.5 mandates that CALTRANS review and
approve all PIDs developed by entities other than CALTRANS.
5. CITY is willing to develop the PID and is willing to fund one hundred percent (100%) of
the PID's costs and fees, including costs to reimburse CALTRANS. If, in the future,
CALTRANS is allocated state funds and Personnel Years (PYs) for PID review of this
PROJECT, CALTRANS will agree to amend this Agreement to change the reimbursement
arrangement for PID review.
CALTRANS will review and approve the PID prepared by CITY; will provide relevant
proprietary information in the form of existing data dumps, spreadsheets, and maps,will
actively participate in the project delivery team(PDT)meetings, and will complete any
work elements identified in the SCOPE SUMMARY of this Agreement. All CALTRANS'
activities will be done as reimbursed work.
6. PARTNERS hereby set forth the terms, covenants, and conditions of this Agreement, under
which they will complete the PID.
ROLES AND RESPONSIBILITIES
7. CITY will prepare a PID for PROJECT at its sole cost and expense and at no cost to
CALTRANS. The PID shall be signed on behalf of CITY by a Civil Engineer registered in
the State of California.
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8. CALTRANS will complete the work elements that are assigned to it on the SCOPE
SUMMARY which is attached to and made a part of this Agreement. CITY will complete
the work elements assigned to it on the SCOPE SUMMARY. Work elements marked with
"N/A" on the SCOPE SUMMARY are not included within this Agreement. Work
elements are outlined in the Workplan Standards Guide for the Delivery of Capital
Projects available at www.dot.ca. og v/hq/proimgmt/guidance.htm.
9. The PID shall be prepared in accordance with all State and Federal laws, regulations,
policies, procedures, and standards that CALTRANS would normally follow if
CALTRANS was to prepare the PID.
10. CALTRANS will complete a review of the draft PID and provide its comments to CITY
within sixty(60) calendar days from the date CALTRANS received the draft PID from
CITY. CITY will address the comments provided by CALTRANS. If any interim reviews
are requested of CALTRANS by CITY, CALTRANS will complete those reviews within
thirty (30) calendar days from the date CALTRANS received the draft PID from CITY.
11. After CITY revises the PID to address all of CALTRANS' comments and submits a
revised draft PID and all related attachments and appendices, CALTRANS will complete
its review and final determination of the revised draft PID within thirty (30) calendar days
from the date CALTRANS received the revised draft PID from CITY. Should
CALTRANS require supporting data necessary to defend facts or claims cited in the
revised draft PID, CITY will provide all available supporting data in a reasonable time so
that CALTRANS may conclude its review. The thirty (30) day CALTRANS review period
will be stalled during that time and will continue to run after CITY provides the required
data.
12. CALTRANS will perform its review and approval in accordance with the provisions of the
current Project Development Procedures Manual. CALTRANS' review and approval will
consist of performing independent quality assurance (IQA) to verify that quality
control/quality assurance (QC/QA) meets department standards and determination that the
work is acceptable for the next project component. However, CALTRANS' review and
approval does not involve any work necessary to actually develop or complete the PID. No
liability will be assignable to CALTRANS, its officers and employees by CITY under the
terms of this Agreement or by third parties by reason of CALTRANS' review and approval
of the PID.
13. PID preparation, except as set forth in this Agreement, is to be performed by CITY.
Should CITY request CALTRANS to perform any portion of PID preparation work, except
as otherwise set forth in this Agreement, CITY shall first agree to reimburse CALTRANS
for such work and PARTNERS will amend this Agreement.
INVOICE AND PAYMENT
14. CITY agrees to pay CALTRANS, an amount not to exceed $99,000.
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15. CALTRANS will draw from any CALTRANS administered state and/or federal funds that
CITY has committed to CALTRANS for this PROJECT.
16. The cost of any engineering support performed by CALTRANS, when allowed, will be
charged according to current law.
17. CALTRANS will invoice CITY for a$10,000 initial deposit after execution of this
Agreement and thirty (30) working days prior to the commencement of PROJECT
expenditures.
18. Thereafter, CALTRANS will submit to CITY monthly invoices for estimated monthly
costs based on the prior month's expenditures.
19. After PARTNERS agree that all work is complete for the PROJECT, CALTRANS will
submit a final accounting for all costs. Based on the final accounting, CALTRANS will
refund or invoice as necessary in order to satisfy the financial commitments of this
Agreement.
20. If an executed Program Supplement Agreement(PSA) or STIP Planning, Programming,
and Monitoring Program Fund Transfer Agreement(PPM) exists for this PROJECT then
CITY will abide by the billing and payment conditions detailed for the fund types
identified in the PSA or PPM.
21. 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.
22. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY
will reimburse those funds.
23. Except as otherwise provided in this Agreement, PARTNERS will pay invoices within 30
calendar days of receipt of invoice.
GENERAL CONDITIONS
24. Per Chapter 603, amending item 2660-001-0042 of Section 2.00 of the State Budget Act of
2012, the cost of any engineering services performed by CALTRANS towards any local
government agency-sponsored PID project will only include direct costs. Indirect or
overhead costs will not be applied during the development of the PID document.
25. If HM-I or HM-2 is found within the PROJECT limits, CITY will immediately notify
CALTRANS.
26. CITY, independent of PROJECT, is responsible for any HM-I found within PROJECT
limits and outside the existing SHS right of way. CITY will undertake or cause to be
undertaken HM MANAGEMENT ACTIVITIES related to HM-I with minimum impact to
PROJECT schedule. CITY, independent of PROJECT, will pay, or cause to be paid,all
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costs for HM MANAGEMENT ACTIVITIES related to HM-1 found within PROJECT
limits and outside of the existing SHS right-of-way.
27. PARTNERS agree to consider alternatives to PROJECT scope and/or alignment,to the
extent practicable, in an effort to avoid any known hazardous materials within the proposed
PROJECT limits.
28. CALTRANS' acquisition or acceptance of title to any property on which any HM-1 or
HM-2 is found will proceed in accordance with CALTRANS' policy on such acquisition.
29. CALTRANS, independent of PROJECT, is responsible for any HM-1 found within the
existing SHS right of way. CALTRANS will undertake, or cause to be undertaken, HM
MANAGEMENT ACTIVITIES related to HM-1 with minimum impact to PROJECT
schedule. CALTRANS will pay, or cause to be paid, all costs for HM MANAGEMENT
ACTIVITIES related to HM-1 found within the existing SHS right of way. CALTRANS,
independent of PROJECT, will pay, or cause to be paid, all costs for HM MANAGEMENT
ACTIVITIES related to HM-1 found within the existing SHS right-of-way.
30. CALTRANS' obligations under this Agreement are subject to the appropriations of
resources by the Legislature, the State Budget Act authority, and the allocation of funds by
the California Transportation Commission.
31. 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 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 and/or its agents under this Agreement.
32. Neither CALTRANS 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 CITY,
its contractors, sub-contractors, and/or its agents under or in connection with any work,
authority, or jurisdiction conferred upon CITY under this Agreement. It is understood and
agreed that CITY, to the extent permitted by law, will defend, indemnify, and save
harmless CALTRANS 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 CITY, its contractors, sub-
contractors, and/or its agents under this Agreement.
33. If work is done under contract(not completed by CITY's own employees) and is governed
by the California Labor Code's definitions of a"public works" (sectionl720(a)), CITY will
conform to sections 1720-1815 of the California Labor Code and all applicable regulations
and coverage determinations issued by the Director of Industrial Relations.
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34. This Agreement is intended to be PARTNERS' final expression and supersedes all prior
oral understanding pertaining to PROJECT.
35. This Agreement will terminate one hundred eighty (180) days after PID is signed by
PARTNERS or as mutually agreed by PARTNERS in writing. However, all
indemnification articles will remain in effect until terminated or modified in writing by
mutual agreement.
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DEFINITIONS
HM-1 —Hazardous material (including, but not limited to, hazardous waste)that may require
removal and disposal pursuant to federal or state law whether it is disturbed by PROJECT or not.
HM-2—Hazardous material (including, but not limited to, hazardous waste) that may require
removal and disposal pursuant to federal or state law only if disturbed by PROJECT.
HM MANAGEMENT ACTIVITIES—Management activities related to either HM-I or HM-2
including, without limitation, any necessary manifest requirements and disposal facility
designations.
PARTNER—Any individual signatory party to this Agreement.
PARTNERS—The term that collectively references all of the signatory agencies to this
Agreement. This term only describes the relationship between these agencies to work together to
achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one
PARTNER's individual actions legally bind the other parties.
SCOPE SUMMARY—The attachment in which each PARTNER designates its responsibility
for the completion of specific work elements as outlined by the Guide to Capital Project
Delivery Workplan Standards (previously known as WBS Guide) available at
http://www.dot.ca.gov/hq/Troimgmt/guidance.htm.
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CONTACT INFORMATION
The information provided below indicates the primary contact information for each PARTNER
to this Agreement. PARTNERS will notify each other in writing of any personnel or location
changes. Contact information changes do not require an amendment to this Agreement.
The primary Agreement contact person for CALTRANS is:
Matthew Maestas, Pre-Programming/Engineering Studies Office Chief
464 West 4th Street, 6th Floor, MS 723
San Bernardino, CA 92401-1400
Office Phone: (909) 383-4825
Email: matthew.maestas@dot.ca.gov
The primary Agreement contact person for CITY is:
Jonathan G. Smith, Director of Public Works/Engineering
29714 Haun Road
Menifee, CA 92586
Office Phone: (951) 672-6777
Email:jsmith@cityofinenifee.us
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SIGNATURES
PARTNERS declare that:
1. Each PARTNER is an authorized legal entity under California state law.
2. Each PARTNER has the authority to enter into this Agreement.
3. The people signing this Agreement have the authority to do so on behalf of their public
agencies.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION CITY OF MENIFEE
y By:
sqBasem E. Muallem, P.E.
District Director Scott A. Mann, Mayor
Attest:
Certified as to funds:
By:
i
By: A A o ney
L'sa Pacheco
District Budget Manager
Approved as to form and procedure:
By:
6ity Clerk
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Agreement 08- 1594
SCOPE SUMMARY
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WORK ELEMENT
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0.1 00.05.05.xx- Quality Management Plan X
0.1 00.05.05.xx -Risk Management Plan X
0.1 00.05.05.xx - Communication Plan X
0.100.05.10.xx- Cooperative Agreement for PA&ED Phase X
0.100.05.10.xx -Independent Quality Assurance (IQA) X
0.100.05.10.xx - Project Development Team Meetings X X
1.150.05.05 - Review of Existing Reports Studies and Mapping X
1.150.05.05.xx- Provision of Existing Reports, Data, Studies, and Mapping X
1.150.05.10 - Geological Hazards Review X
1.150.05.10.xx- Provision of Existing Geological Information X
1.150.05.15 - Utility Search X
1.150.05.15.xx-Provision of Existing Utility Information X
1.150.05.20 -Environmental Constraints Identification X
1.150.05.20.xx-Provision of Environmental Constraints Information X
1.150.05.25 -Traffic Forecasts/Modeling X
1.150.05.25.xx - Provision of Existing Traffic Forecasts/Modeling Information X
1.150.05.30 - Surveys and Maps for PID X
1.150.05.30.xx - Provision of Existing Surveys and Mapping X
1.150.05.35 - Problem Definition X
1.150.05.45 -As-Built Centerline and Existing Right of Way X
1.150.05.xx- Provision of Existing District Geotechnical Information X
1.150.10.05 - Public/Local Agency Input X
1.150.15.05 - Right of Way Data Sheets X
1.150.15.10 - Utility Relocation Requirements Assessment X
1.150.15.15 -Railroad Involvement Determination X
1.150.15.25 -Preliminary Materials Report X
1.150.15.35 -Multimodal Review X
1.150.15.40 -Hydraulic Review X
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WORK ELEMENT
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1.150.15.50 -Traffic Studies X
1.150.15.55 - Construction Estimates X
1.150.20.05 - Initial Noise Study X
1.150.20.10 -Hazardous Waste Initial Site Assessment X
1.150.20.15 - Scenic Resource and Landscape Architecture Review X
1.150.20.30 - Initial Records and Literature Search for Cultural Resources X
1.150.20.50 - Initial Water Quality Studies X
1.150.20.60 -Preliminary Environmental Analysis Report Preparation X
1.150.20.65 - Initial Paleontology Study X
1.150.25.05 -Draft PID X
1.150.25.20 -PID Circulation, Review, and Approval X
1.150.25.25 - Storm Water Data Report X
1.150.35 -Required Permits During PID Development X
1.150.40 -Permit Identification During PID Development X
1.150.45 -Base Maps and Plan Sheets for PID X
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