RESOLUTION NO. 26-4927
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA,
CALIFORNIA, APPROVING A COOPERATIVE AGREEMENT WITH THE
STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS
DEPARTMENT OF TRANSPORTATION (CALTRANS), FOR THE PLANS,
SPECIFICATIONS, AND ESTIMATES AND RIGHT OF WAY WORK
NECESSARY TO CONSTRUCT A NEW FULL INTERCHANGE AND
AUXILIARY LANES AT INTERSTATE 215 AND KELLER ROAD
(DISTRICT AGREEMENT NO. 08-1822)
WHEREAS, the City of Murrieta has elected to improve the existing Interchange at Interstate 215 and Keller Road, CIP No. 08449; and
WHEREAS, the project is located within State Right of Way; and
WHEREAS, the Cooperative Agreement identifies the scope of work and responsibilities for each of the parties associated with the Plans, Specifications, and Estimates (PS&E) and Right of Way (ROW) phases of work; and
WHEREAS, Streets and Highways Code sections 114 and 130 authorize the City to enter into a Cooperative Agreement with the California Department of Transportation for improvements to the State Highway System within the City’s jurisdiction; and
WHEREAS, the Cooperative Agreement is a requisite document in order for the California Department of Transportation to render oversight services for the proposed project; and
WHEREAS, the City Council desires to move forward with the above-described project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS
Section 1. The City of Murrieta hereby approves Cooperative Agreement No. 08- 1822 with the State of California, acting by and through its Department of Transportation (Caltrans) for the Plans Specifications, and Estimates and Right of Way necessary to construct a new full Interchange and auxiliary lanes at Interstate 215 and Keller Road, CIP No. 08449.
Section 2. A true and correct copy of Cooperative Agreement No. 08-1822 is attached hereto as Exhibit A.
Section 3. The City Clerk shall certify the passage and adoption thereof.
PASSED AND ADOPTED this 21st day of April, 2026.
Resolution No. 26-4927
RR 5/08/09
2 ____________________________
Jon Levell, Mayor
ATTEST:
_____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
_____________________________
Tiffany Israel, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 26-4927 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 21st day of April, 2026, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Cristal McDonald, City Clerk
Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26
Agreement No. 08-1822 | 08-RIV-215 | EA: 08-0Q220
Page | 1
COOPERATIVE AGREEMENT COVER SHEET
Work Description
CONSTRUCT NEW INTERCHANGE AND AUXILIARY LANES AT I-215 AND
KELLER ROAD
Contact Information
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.
CALTRANS
Emad Makar, Project Manager
464 West 4th Street
San Bernardino, CA 92401
Office Phone: (909) 383-4978
Email: [email protected]
CITY OF MURRIETA
Bob Moehling, Director of Public Works
1 Town Square
Murrieta, CA 92562
Office Phone: (951) 304-2489
Email: [email protected]
Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26
Agreement No. 08-1822 | 08-RIV-215 | EA: 08-0Q220
Page | 2
Table of Contents
COOPERATIVE AGREEMENT COVER SHEET ........................................................................... 1 Work Description ............................................................................................................................ 1 Contact Information ....................................................................................................................... 1 CALTRANS ............................................................................................................................... 1 CITY OF MURRIETA ............................................................................................................... 1 COOPERATIVE AGREEMENT ....................................................................................................... 4 RECITALS ......................................................................................................................................... 4 RESPONSIBILITIES ......................................................................................................................... 6 Sponsorship .................................................................................................................................... 6 Implementing Agency .................................................................................................................... 7 Funding ........................................................................................................................................... 8 CALTRANS' Quality Management ................................................................................................ 9 CEQA/NEPA Lead Agency .......................................................................................................... 10 Environmental Permits, Approvals and Agreements .................................................................... 10 Plans, Specifications, and Estimate (PS&E) ................................................................................ 11 RIGHT-OF-WAY .......................................................................................................................... 12 Schedule ....................................................................................................................................... 14 Additional Provisions ................................................................................................................... 15 Standards .................................................................................................................................. 15 Noncompliant Work ................................................................................................................. 15 Qualifications ........................................................................................................................... 16 Consultant Selection ................................................................................................................. 16 Encroachment Permits .............................................................................................................. 16 Protected Resources ................................................................................................................. 16 Disclosures ............................................................................................................................... 17 Hazardous Materials ................................................................................................................. 17 Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26
Agreement No. 08-1822 | 08-RIV-215 | EA: 08-0Q220
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Claims ....................................................................................................................................... 19 Accounting and Audits ............................................................................................................. 19 Interruption of Work ................................................................................................................. 21 Penalties, Judgments and Settlements ...................................................................................... 21 Project Files .............................................................................................................................. 21 Environmental Compliance ...................................................................................................... 22 GENERAL CONDITIONS .............................................................................................................. 22 Venue ............................................................................................................................................ 22 Exemptions ................................................................................................................................... 22 Indemnification ............................................................................................................................ 22 Non-parties ................................................................................................................................... 23 Ambiguity and Performance ........................................................................................................ 24 Defaults ........................................................................................................................................ 24 Dispute Resolution ....................................................................................................................... 24 Prevailing Wage ............................................................................................................................ 25 FUNDING SUMMARY ................................................................................................................... 27 Funding ......................................................................................................................................... 29 Invoicing and Payment ................................................................................................................. 30 Plans, Specifications, and Estimate (PS&E) ............................................................................ 31 Right-of-Way (R/W) Support ................................................................................................... 31 Right-of-Way (R/W) Capital .................................................................................................... 31 SIGNATURES .................................................................................................................................. 31
Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26
Agreement No. 08-1822 | 08-RIV-215 | EA: 08-0Q220
Page | 4
COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from __________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Murrieta, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY .
An individual signatory agency in this AGREEMENT is referred to as a PARTY . Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.
RECITALS
1. 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.
2. For the purpose of this AGREEMENT, construct new interchange and auxiliary lanes at I-215 and Keller Road, will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents.
3. On November 11, 2024, PARTIES entered into Agreement (08-1789) to construct a new full interchange and auxiliary lanes at Interstate 215 and Keller Road in the City of Murrieta (PRIOR AGREEMEMENT).
4. In order to add funding PARTIES have agreed to enter into this AGREEMENT to replace the PRIOR AGREEMENT, Quality Management Assessment (QMA) agreement with a project development agreement, which supersedes and replaces in its entirety the PRIOR Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26
Agreement No. 08-1822 | 08-RIV-215 | EA: 08-0Q220
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AGREEMENT. All indemnification and maintenance articles pertaining to action taken during the PRIOR AGREEMENT remain in effect.
5. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENTS will be referred to hereinafter as WORK:
• PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
• RIGHT-OF-WAY (R/W)
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.
6. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.
PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.
If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.
Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.
PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.
However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.
Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26
Agreement No. 08-1822 | 08-RIV-215 | EA: 08-0Q220
Page | 6
7. The following work associated with this PROJECT has been completed or is in progress:
• CITY completed the Project Initiation Document (PID) on August 14, 2015 (Cooperative Agreement No. 08-1519 ).
• CITY is developing the Environmental Impact Report (EIR) (Cooperative Agreement No. 08-1601 ).
• CITY is developing the Finding of No Significant Impact (FONSI) (Cooperative Agreement No. 08-1601 ).
8. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.
9. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.
RESPONSIBILITIES
Sponsorship
10. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds committed in this AGREEMENT.
PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.
Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26
Agreement No. 08-1822 | 08-RIV-215 | EA: 08-0Q220
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11. CITY is the SPONSOR for the WORK in this AGREEMENT.
Implementing Agency
12. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT.
• CITY is the Plans, Specifications, and Estimate (PS&E) IMPLEMENTING AGENCY.
PS&E includes the development of the plans, specifications, and estimate; obtaining any resource agency permits; and the advertisement/award of the construction contract.
• CITY is the RIGHT-OF-WAY IMPLEMENTING AGENCY.
RIGHT-OF-WAY includes coordination with utility owners for the protection, removal, or relocation of utilities; pre-construction monument preservation; the acquisition of right-of-way interests; and post-construction work such as right-of- way monumentation/recordation, relinquishments/vacations, and excess land transactions. The RIGHT-OF-WAY component budget identifies the cost of the capital costs of right-of-way acquisition (RIGHT-OF-WAY CAPITAL) and the cost of the staff work in support of the acquisition (RIGHT-OF-WAY SUPPORT).
13. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are implementing. The QMP describes the IMPLEMENTING AGENCY's quality policy and how it will be used. The QMP will Agreement No. 08-1822
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EA: 08-0Q220
08-RIV-215-R14.10/R15.26
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include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and concurrence.
14. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.
Funding
15. Funding sources, PARTIES committing funds, funding amounts, and invoicing/payment details are documented in the Funding Summary section of this AGREEMENT.
16. PARTIES will not be reimbursed for costs beyond the funding commitments in this AGREEMENT.
17. Unless otherwise documented in the Funding Summary, overall liability for project costs within a PROJECT COMPONENT, subject to program limitations, will be in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.
18. Unless otherwise documented in the Funding Summary, any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.
19. WORK costs, except those that are specifically excluded in this AGREEMENT, are to be paid from the funds obligated in the Funding Summary. Costs that are specifically Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26
Agreement No. 08-1822 | 08-RIV-215 | EA: 08-0Q220
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excluded from the funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs from funds that are independent of this AGREEMENT.
CALTRANS' Quality Management
20. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA) and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.
21. CALTRANS' Quality Management Assessment (QMA) efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT's quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.
When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.
Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26
Agreement No. 08-1822 | 08-RIV-215 | EA: 08-0Q220
Page | 10
22. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.
23. CITY will provide WORK-related products and supporting documentation upon CALTRANS' request for the purpose of CALTRANS' quality management work.
CEQA/NEPA Lead Agency
24. CALTRANS is the CEQA Lead Agency for the PROJECT.
25. CALTRANS is the NEPA Lead Agency for the PROJECT.
Environmental Permits, Approvals and Agreements
26. PARTIES will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each PARTY's responsibilities in this AGREEMENT.
27. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.
28. The PROJECT requires the following environmental permits/approvals:
ENVIRONMENTAL PERMITS/REQUIREMENTS
404 US Army Corps of Engineers
401 Regional Water Quality Control Board
National Pollutant Discharge Elimination System (NPDES)/State Water Resources Control Board 1602 California Department of Fish & Wildlife
Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26
Agreement No. 08-1822 | 08-RIV-215 | EA: 08-0Q220
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Air Quality Permits
Plans, Specifications, and Estimate (PS&E)
29. As the PS&E IMPLEMENTING AGENCY, CITY is responsible for all PS&E WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.
30. CALTRANS will be responsible for completing the following PS&E activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable)
AGREEMENT
Funded Cost
100.15.10.xx Quality Management NO
31. CITY will prepare Utility Conflict Maps identifying the accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy.
CITY will provide CALTRANS a copy of Utility Conflict Maps for CALTRANS' concurrence prior to issuing the Notices to Owner and executing the utility agreement. All utility conflicts will be addressed in the PROJECT plans, specifications, and estimate.
32. CITY will determine the cost to positively identify and locate, accommodate, protect, relocate, or remove any utility facilities whether inside or outside the State Highway System right-of-way in accordance with federal and California laws and regulations, and Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26
Agreement No. 08-1822 | 08-RIV-215 | EA: 08-0Q220
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CALTRANS’ policies, procedures, standards, practices, and applicable agreements including but not limited to Freeway Master Contracts.
33. CALTRANS will not issue the Acceptance of Final Plans, Specifications, and Estimate to CITY until the following conditions are met:
• Any new or amended Maintenance Agreement required for the WORK are executed. • Any new or amended Freeway Agreement required for the WORK are executed.
RIGHT-OF-WAY
34. As the RIGHT-OF-WAY IMPLEMENTING AGENCY, CITY is responsible for all RIGHT-OF-WAY WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.
35. CALTRANS will be responsible for completing the following RIGHT-OF-WAY activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable)
AGREEMENT
Funded Cost
100.25.10.xx Quality Management NO
36. The selection of personnel performing RIGHT-OF-WAY WORK will be in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements.
37. CITY will make all necessary arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26
Agreement No. 08-1822 | 08-RIV-215 | EA: 08-0Q220
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conflict with construction of the PROJECT or that violate CALTRANS' encroachment policy.
38. CITY will provide CALTRANS a copy of conflict maps, relocation plans, proposed notices to owner, reports of investigation, and utility agreements (if applicable) for CALTRANS' concurrence prior to issuing the notices to owner and executing the utility agreement. All utility conflicts will be fully addressed prior to Right-of-Way Certification and all arrangements for the protection, relocation, or removal of all conflicting facilities will be completed prior to construction contract award and included in the PROJECT plans, specifications, and estimate.
39. CITY will provide a land surveyor licensed in the State of California to be responsible for surveying and right-of-way engineering. All survey and right-of-way engineering documents will bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the responsible surveyor.
40. Acquisition of right-of-way will not occur prior to the approval of the environmental document without written approval from the CEQA Lead Agency.
41. CITY will hear and adopt Resolutions of Necessity when authorized to do so by law or will work with local agencies having jurisdiction and authorized under the law to hear and adopt Resolutions of Necessity.
CITY will conduct and document Condemnation Evaluation Meetings and Condemnation Panel Review Meetings as required in accordance with CALTRANS policy and guidance.
CALTRANS will be notified in advance of any Condemnation Evaluation Meetings and Condemnation Panel Review Meetings.
42. If CITY acquires any right-of-way to be incorporated into the State Highway System (SHS), CITY will first acquire in its own name.
No right-of-way will be acquired in CALTRANS' name.
Title to the SHS right-of-way will ultimately be vested in the State. CALTRANS' acceptance of title will occur after the Right-of-Way Closeout activities are complete.
Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26
Agreement No. 08-1822 | 08-RIV-215 | EA: 08-0Q220
Page | 14
43. CITY will utilize a public agency currently qualified by CALTRANS or a properly licensed consultant for all RIGHT-OF-WAY activities. A qualified right-of-way agent will administer all right-of-way consultant contracts.
CITY will submit a draft Right-of-Way Certification to CALTRANS six weeks prior to the scheduled Right-of-Way Certification milestone date for review.
CITY will submit a final Right-of-Way Certification to CALTRANS for approval prior to advertising the construction contract.
44. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing.
45. CALTRANS’ acceptance of right-of-way title is subject to review of an Updated Preliminary Title Report provided by CITY verifying that the title is free of all encumbrances and liens. Upon acceptance, CITY will provide CALTRANS with a Policy of Title Insurance in CALTRANS’ name.
46. Right-of-way conveyances must be completed prior to WORK completion, unless PARTIES mutually agree to other arrangements in writing.
Schedule
47. PARTIES will manage the WORK schedule to ensure the timely use of committed funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26
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schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.
48. The IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTIES with written monthly progress reports during the completion of the WORK.
Additional Provisions
Standards
49. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
• CADD Users Manual
• CALTRANS policies and directives
• Plans Preparation Manual
• Project Development Procedures Manual (PDPM)
• Workplan Standards Guide
• Standard Environmental Reference
• Highway Design Manual
• Right of Way Manual
• Stewardship and Oversight Agreement
• Construction Manual Supplement for Local Agency Resident Engineers • Local Agency Structure Representative Guidelines
Noncompliant Work
50. CALTRANS retains the right to reject noncompliant WORK. CITY agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26
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preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System.
Qualifications
51. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.
Consultant Selection
52. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.
Encroachment Permits
53. CALTRANS will issue, upon proper application, the encroachment permit required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents, and utility owners will not work within the SHS right-of-way without an encroachment permit issued by CALTRANS. CALTRANS will provide an encroachment permit to CITY at no cost. CITY's contractors, consultants, and agents may work under the same permit after completing, signing, and submitting the contractor's authorization form TR-0429 to CALTRANS. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
54. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.
Protected Resources
55. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26
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qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.
Disclosures
56. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 7921.505(c)(5) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.
PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.
57. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.
Hazardous Materials
58. HM-1 is 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 the PROJECT or not.
HM-2 is 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 the PROJECT.
The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.
Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26
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59. If HM-1 or HM-2 is found, the discovering PARTY will immediately notify all other PARTIES.
60. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
CALTRANS will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the existing State Highway System right-of-way with funds that are independent of the funds committed in this AGREEMENT.
61. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
CITY will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way with funds that are independent of the funds committed in this AGREEMENT.
62. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM-2 MANAGEMENT within the PROJECT limits.
CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement. CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26
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CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.
63. 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.
Claims
64. Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle, or litigate claims arising from the WORK without concurrence from the other PARTY.
65. PARTIES will confer on any claim that may affect the WORK or PARTIES' liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.
66. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.
Accounting and Audits
67. PARTIES will maintain, and will ensure that any consultant hired by PARTIES to participate in WORK will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings.
68. PARTIES will maintain and make available to each other all WORK-related documents, including financial data, during the term of this AGREEMENT.
PARTIES will retain all WORK-related records for three (3) years after the final voucher.
Agreement No. 08-1822
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PARTIES will require that any consultants hired to participate in the WORK will comply with this Article.
69. PARTIES have the right to audit each other in accordance with generally accepted governmental audit standards.
CALTRANS, the State Auditor, FHWA (if the PROJECT utilizes federal funds), and CITY will have access to all WORK-related records of each PARTY , and any consultant hired by a PARTY to participate in WORK, for audit, examination, excerpt, or transcription.
The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation. The auditing PARTY will be permitted to make copies of any WORK-related records needed for the audit.
The audited PARTY will review the draft audit, findings, and recommendations, and provide written comments within thirty (30) calendar days of receipt.
Upon completion of the final audit, PARTIES have forty-five (45) calendar days to refund or invoice as necessary in order to satisfy the obligation of the audit.
Any audit dispute not resolved by PARTIES is subject to mediation. Mediation will follow the process described in the General Conditions section of this AGREEMENT.
70. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Agreement No. 08-1822
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Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.
71. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.
Interruption of Work
72. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-of-way in a safe and operable condition acceptable to CALTRANS.
73. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.
Penalties, Judgments and Settlements
74. The cost of awards, judgments, fines, interest, penalties, attorney's fees, and/or settlements generated by the WORK are considered WORK costs.
75. The cost of legal challenges to the environmental process or documentation are considered WORK costs.
76. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.
Project Files
77. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will assure that the Project History Files are Agreement No. 08-1822
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prepared and submitted in compliance with the Project Development Procedures Manual and Construction Manual.
Environmental Compliance
78. If during performance of WORK additional activities or environmental documentation is necessary to keep the PROJECT in environmental compliance, PARTIES will amend this AGREEMENT to include completion of those additional tasks.
GENERAL CONDITIONS
79. All portions of this AGREEMENT, including the RECITALS section, are enforceable.
Venue
80. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.
Exemptions
81. All CALTRANS' obligations and commitments under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).
Indemnification
82. Neither CALTRANS nor any of its officers and employees, are 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 Agreement No. 08-1822
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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.
83. Neither CITY nor any of its officers and employees, are 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.
Non-parties
84. PARTIES do not intend this AGREEMENT to create a third-party beneficiary or define duties, obligations, or rights for entities in PARTIES not signatory to this AGREEMENT.
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PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.
85. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.
Ambiguity and Performance
86. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.
A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.
87. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.
Defaults
88. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.
Dispute Resolution
89. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES' legal Agreement No. 08-1822
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counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.
Except for equitable relief and/or to preserve the statute of limitations, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.
90. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.
Prevailing Wage
91. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.
Work performed by a PARTY's own employees is exempt from the Labor Code's Prevailing Wage requirements.
If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis-Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.
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When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY's employees is exempt from federal prevailing wage requirements.
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FUNDING SUMMARY
FUNDING TABLE
IMPLEMENTING AGENCY: CITY CITY
Source Party Fund Type PS&E
R/W
SUPPORT
R/W
CAPITAL Totals
FEDERAL CITY DEMO 1,600,000 0 0 1,600,000
FEDERAL CITY CPFCDS (88.53%) 0 0 4,100,000 4,100,000
LOCAL CITY Local 3,642,000 383,000 8,438,142 12,463,142 LOCAL CITY LocalM 0 0 531,198 531,198
Totals 5,242,000 383,000 13,069,340 18,694,340
M Used as non-federal match.
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SPENDING TABLE
PS&E
R/W
SUPPORT
R/W
CAPITAL
Fund Type CITY CITY CITY Totals
DEMO 1,600,000 0 0 1,600,000
CPFCDS 0 0 4,100,000 4,100,000
Local 3,642,000 383,000 8,438,142 12,463,142
Local 0 0 531,198 531,198
Totals 5,242,000 383,000 13,069,340 18,694,340
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Funding
92. If there are insufficient funds available in this AGREEMENT to place the PROJECT right-of-way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTIES amend this AGREEMENT.
That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process.
93. If there are insufficient funds in this AGREEMENT to implement the obligations and responsibilities of this AGREEMENT, including the applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, each PARTY accepts responsibility to fund their respective WORK until such time as PARTIES amend this AGREEMENT.
Each PARTY may request reimbursement for these costs during the amendment process.
94. 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 law, the Administration Rate is capped at 10 percent for Self- Help Counties with a countywide sales tax measure dedicated to transportation improvements.
95. If the WORK is funded with state or federal funds, any PARTY seeking CALTRANS reimbursement of indirect costs must submit an indirect cost rate proposal and central service cost allocation plan (if any) in accordance with Local Assistance Procedures Manual, 2 CFR, Part 200 and Chapter 5. These documents are to be submitted annually to Agreement No. 08-1822
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CALTRANS' Audits and Investigations for review and acceptance prior to CALTRANS' reimbursement of indirect costs.
96. Travel, per diem, and third-party contract reimbursements for WORK are to be paid from the funds in this AGREEMENT only after the contractor performs the work and incurs said costs.
Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Human Resources (CalHR) rules current at the effective date of this AGREEMENT.
If CITY invoices for rates in excess of CalHR rates, CITY will fund the cost difference and reimburse CALTRANS for any overpayment.
97. In accordance with the CALTRANS Federal-Aid Project Funding Guidelines, PARTIES must obtain approval from the Federal Highway Administration prior to any PROJECT funding changes that will change the federal share of funds.
Invoicing and Payment
98. PARTIES will invoice for funds where the SPENDING TABLE shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay invoices within five (5) calendar days of receipt of invoice.
99. When a PARTY is reimbursed for actual cost, invoices will be submitted each month for the prior month's expenditures. After all PROJECT COMPONENT WORK is complete, PARTIES will submit a final accounting of all PROJECT COMPONENT costs. Based on the final accounting, PARTIES will invoice or refund as necessary to satisfy the financial commitments of this AGREEMENT.
100. If an executed Program Supplement Agreement (PSA) or STIP Planning, Programming, and Monitoring Program Fund Transfer Agreement (PPM) exists for this PROJECT then Agreement No. 08-1822
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CITY will abide by the billing and payment conditions detailed for the fund types identified in the PSA or PPM.
101. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY will reimburse those funds.
Plans, Specifications, and Estimate (PS&E)
102. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.
Right-of-Way (R/W) Support
103. No invoicing or reimbursement will occur for the RIGHT-OF-WAY SUPPORT PROJECT COMPONENT.
Right-of-Way (R/W) Capital
104. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.
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 Agreement No. 08-1822
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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
Catalino A. Pining III
District 8 Director
HQ Legal Representative
HQ Legal Rep Title
Verification of Funds and Authority:
Karem Evans
District 8 Budget Manager
Certified as to financial terms and policies:
Darwin Salmos
HQ Accounting Supervisor
CITY OF MURRIETA
Jon Levell
Mayor