08-RIV-215-13.75/15.25
EA: 0Q220
District Agreement 08-1519
Project Number 0800020339
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON November 2 _ 2011, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "CALTRANS," and the
CITY OF MURRIETA, a body politic and a municipal corporation (chartered City) of the State of California, referred to herein as "CITY."
RECITALS
CALTRANS and CITY, collectively referred to herein as PARTIES, pursuant to Streets and Highways Code sections 114 and 130, are authorized to enter into a Cooperative Agreement for improvements to the State Highway System (SHS) right of way.
CITY desires to develop a project initiation document (PID) for construction of a new interchange at Keller Road in the City of Murrieta, referred to herein as "PROJECT."
2. PARTIES acknowledge that this Agreement is only applicable for a project study report (PSR) PID.
3. California Government Code section 65086.5 mandates that CALTRANS review and approve all PIDs developed by entities other than CALTRANS.
4. 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.
5. CALTRANS will review and approve the PID prepared by CITY as reimbursed work; will provide relevant proprietary information in the form of existing data dumps, spreadsheets, and maps as reimbursed work; and will also actively participate in the project delivery team (PDT) meetings as reimbursed work PARTIES hereby set forth the terms, covenants and conditions of this Agreement, under which they will complete the PID.
1 District Agreement 08-1519
AGREEMENT
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.
CITY will complete the activities assigned to it on the Scope Summary - Exhibit A which is attached to and made a part of this Agreement by reference. CALTRANS will complete the activities that are assigned to it on the Scope Summary. Activities marked with "N/A" on the Scope Summary are not included within the scope of this Agreement.
The PID shall be prepared in accordance with all State and Federal laws, regulations, policies, procedures, and standards that CALTRANS would normally follow if CALTRÁNS was to prepare the PID.
4. CITY agrees to pay CALTRANS, an amount not to exceed $200,000.
5. PARTIES will not incur costs beyond the funding commitments established in this Agreement.
6. CALTRANS will provide CITY with relevant and readily available information in the form of data dumps, spreadsheets, and maps as reimbursed work; and will actively participate in the project delivery team (PDT) meetings as reimbursed work.
7. CALTRANS will complete a review of the draft PID and provide its comments to the CITY within 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 30 calendar days from the date CALTRANS received the draft PID from CITY.
After the CITY revises the PID to address all of CALTRANS' comments and submits the PID and all related attachments and appendices, CALTRANS will complete its review and final determination of the PID within 30 calendar days from the date CALTRANS received the draft PID from CITY. Should CALTRANS require supporting data necessary to defend facts or claims cited in the PID, CITY will provide all available supporting data in a reasonable time so that CALTRANS may conclude its review.
CALTRANS will perform its review and approval in accordance with the provision of the current Project Development Procedures Manual. CALTRANS' review and approval does not involve any work necessary to actually develop or complete the PID, nor any validation by verifying nor rechecking work performed by CITY or providing guidance to CITY. 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.
2 District Agreement 08-1519
10. 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 PARTIES will amend this Agreement.
11. Cecipions or il series portime dorite reconomic reall related expenses.
CITY will pay invoices within thirty (30) calendar days of receipt.
After PARTIES agree that all work is complete, CALTRANS will submit a final accounting of all costs. Based on the final accounting, CALTRANS will refund or invoice, as necessary, in order to satisfy the financial commitments of this Agreement.
12. If any hazardous materials, pursuant to Health and Safety Code 25401.1, are found within PROJECT limits, CITY will notify CALTRANS within 24 hours of discovery.
13. PARTIES 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.
14. If hazardous materials are discovered within PROJECT limits, but outside of SHS right of way, it is the responsibility of CITY in concert with the local agency having land use jurisdiction over the property, and the property owner, to remedy before CALTRANS will acquire or accept title to such property.
15. CALTRANS' acquisition or acceptance of title to any property on which any hazardous materials are found will proceed in accordance with CALTRANS' policy.
16. 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.
3 District Agreement 08-1519
17. 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 will fully 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, including but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS and/or its agents under this Agreement.
18. 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 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 will fully 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, including but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY and/or its agents under this Agreement.
19. No alteration or variation of the terms of this Agreement shall be valid unless made by a formal amendment executed by the PARTIES hereto and no oral understanding or agreement not incorporated herein shall be binding on any PARTY(IES) hereto.
20. This Agreement will terminate 90 days after PID is signed by PARTIES or as mutually greed by PARTIES in writing. However, all indemnification articles will remain ir effect until terminated or modified in writing by mutual agreement
SIGNATURES ON FOLLOWING PAGE
4 District Agreement 08-1519
SIGNATURES
PARTIES declare that:
1. Each party is an authorized legal entity under California state law.
2. Each party 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.
CITY OF MURRIETA
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
• Won
By:
Raymond W. Wolfe, PhD Randon K. Lane
Mayor
voth District Director
ATTEST:
CERTIFIED AS TO REIMBURSED
AUTHORITY:
1. Kay Vinsor
City Clerk
Lisa Pacheco 10-4-2011
District Budget Manager
APPROVED AS TO FORM:
APPROVED AS TO FORM:
By:
Leslie Devaney
By:o1 City Attorney
Deputy Attorney
APPROVED AS TO FINANCIAL TERMS:
By:
HO Accounting
5 District Agreement 08-1519
EXHIBIT A SCOPE SUMMARY (PSR)
4 5 6 7 8 Description CALTRANS CITY N/A
150 DEVELOP PROJECT INITIATION
DOCUMENT [PSR]
TRANSPORTATION PROBLEM
05 DEFINITION AND SITE
ASSESSMENT
REVIEW OF EXISTING REPORTS
05 x
STUDIES AND MAPPING
10 GEOLOGICAL HAZARDS REVIEW
15 UTILITY SEARCH x
20 ENVIRONMENTAL CONSTRAINTS
IDENTIFICATION x
25 TRAFFIC FORECASTS/MODELING
30 SURVEYS AND MAPS FOR PID
05 REGULAR SURVEYS AND MAPS x
FOR PID
10 ACCELERATED ENGINEERING x
SURVEYS
35 PROBLEM DEFINITION
45 AS-BUILT CENTERLINE AND EXISTING
RIGHT OF WAY
99 OTHER DEFINITION AND
ASSESSMENT PRODUCTS
10 INITIAL ALTERNATIVES
DEVELOPMENT
05 PUBLIC/LOCAL AGENCY INPUT
10 VALUE ANALYSIS
15 CONCEPT ALTERNATIVES
DEVELOPMENT x
OTHER INITIAL ALTERNATIVE
99 DEVELOPMENT PRODUCTS
15 ALTERNATIVES ANALYSIS
05 RIGHT OF WAY DATA SHEETS
10 UTILITY RELOCATION
REQUIREMENTS ASSESSMENT
RAILROAD INVOLVEMENT
15 DETERMINATION x
20 DISTRICT PRELIMINARY
GEOTECHNICAL REPORT (DPGR)
PRELIMINARY MATERIALS
25 REPORT x
STRUCTURES ADVANCE
30 PLANNING STUDY
05 STRUCTURES PRELIMINARY
GEOTECHNICAL REPORT
10 STRUCTURES PRELIMINARY x
HYDRAULICS REPORT
6 District Agreement 08-1519
4 5 6 7 8 Description CALTRANS CITY N/A
STRUCTURES PRELIMINARY
15 ARCHITECTURAL AND x
AESTHETICS REPORT
20 STRUCTURES PRELIMINARY
x
MAINTENANCE REPORT
25 STRUCTURES PRELIMINARY x
CONSTRUCTION PLAN
STRUCTURES ADVANCE
30 PLANNING REPORT
99 OTHER STRUCTURES ADVANCE
PLANNING STUDY PRODUCTS x
35 MULTIMODAL REVIEW X
40 HYDRAULIC REVIEW X
45 TRAFFIC CAPACITY ANALYSIS
50 TRAFFIC STUDIES
55 CONSTRUCTION ESTIMATES
PRELIMINARY TRANSPORTATION
60 MANAGEMENT PLAN
OTHER ALTERNATIVE ANALYSIS
99 x
PRODUCTS
20 PRELIMINARY ENVIRONMENTAL
ANALYSIS REPORT
05 INITIAL NOISE STUDY
10 HAZARDOUS WASTE INITIAL SITE
ASSESSMENT
SCENIC RESOURCE AND
15 LANDSCAPE ARCHITECTURE
REVIEW
20 INITIAL NEPA/404 COORDINATION
25 INITIAL BIOLOGY STUDY
INITIAL RECORDS AND
30 LITERATURE SEARCH FOR x
CULTURAL RESOURCES
INITIAL COMMUNITY IMPACT
40 ANALYSIS LAND USE AND x
GROWTH STUDIES
45 INITIAL AIR QUALITY STUDY
INITIAL WATER QUALITY STUDIES
55 INITIAL FLOODPLAIN STUDY
PRELIMINARY ENVIRONMENTAL
60 ANALYSIS REPORT PREPARATION
65 INITIAL PALEONTOLOGY STUDY
70 INITIAL NATIVE AMERICAN
COORDINATION
99 OTHER PEAR PRODUCTS x
25 APPROVED PID [PSR]
05 DRAFT PID
7 District Agreement 08-1519
4 5 6 7 8 Description CALTRANS CITY N/A
10 APPROVED EXCEPTIONS TO
DESIGN STANDARDS x
APPROVED ACCESS
MODIFICATION REQUEST x
PID CIRCULATION REVIEW AND
20 x
APPROVAL
25 STORM WATER DATA REPORT
DRAFT PROJECT REPORT AS
30 PART OF A PSSR/PR x
PROGRAMMING DOCUMENT
05 COST ESTIMATES FOR
ALTERNATIVES
10 FACT SHEET FOR EXCEPTIONS
TO DESIGN STANDARDS
15 APPROVED EXCEPTIONS TO
ENCROACHMENT POLICY
DRAFT PROJECT REPORT AS
20| PART OF A PSSR/PR x
PROGRAMMING DOCUMENT
DRAFT PROJECT REPORT
25 CIRCULATION REVIEW & x
APPROVAL
99 OTHER PID PRODUCTS
REQUIRED PERMITS DURING
35 PROJECT INITIATION DOCUMENTS x
DEVELOPMENT
PERMIT IDENTIFICATION DURING
40 PROJECT INITIATION DOCUMENTS x
DEVELOPMENT
BASE MAPS AND PLAN SHEETS
45 FOR PROJECT INITIATION x
DOCUMENTS
RESOLUTION NO. 11 - 2798
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA,
AUTHORIZING THE MAYOR TO SIGN A COOPERATIVE AGREEMENT WITH STATE OF
CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION (CALTRANS), FOR THE PREPARATION OF PROJECT INITIATION DOCUMENT FOR CONSTRUCTION OF A NEW INTERCHANGE AT KELLER ROAD AND INTERSTATE 215 AND
APPROVING A BUDGET ADJUSTMENT
WHEREAS, the City of Murrieta's ("City") General Plan Circulation Element includes a new freeway interchange at I-215 and Keller Road; and
WHEREAS, the City desires to develop a Project Initiation Document (PID) for construction of the new interchange at Keller Road; and
WHEREAS, Cooperative Agreement No. 08-1519 (attached as Attachment 2 to the Agenda Report) identifies the terms and responsibilities for each of the parties; and WHEREAS, the Streets and Highways Code section 114 and 130 provide for the execution of a Cooperative Agreement for improvements to the State Highway System within the City's jurisdiction and is a requisite document in order for the California Department of Transportation to render oversight services for the proposed project; and WHEREAS, sufficient funds are available in the City's Freeway Development Impact Fee ("DIF") Fund balance, to pay for Caltrans services, which are not to exceed $200,000.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Murrieta, California, as follows:
1. That Cooperative Agreement No. 08-1519 with the State of California for the preparation of Project Initiation Document for construction of a new interchange at Keller Road and Interstate 215 for an amount not to exceed $200,000, attached to the City Council Agenda Report as Attachment 2, is authorized.
2. That the expenditure of an amount not to exceed $200,000 from account no. 1287500/08449128 (Freeway DIF) is authorized for the purpose of providing funds for the services provided by Caltrans.
3. That the Mayor is hereby authorized and directed to execute the Agreement on behalf of the City.
4. That a budget adjustment in the amount of $200,000 reducing the Freeway DIF Fund balance and increasing CIP account no. 1287500/08449128 (Keller Road at I-215 Interchange Freeway DIF) is approved.
Randoh K. Lane, Mayor
ATTEST:
Ol.Ka
A. Kay Vinson, City Clerk
APPROVED AS TO FORM:
Leslie E. Devaney, City Attorney
I, A. Kay Vinson, City Clerk of the City of Murrieta, California, do hereby certify under penalty of erjury that the foregoing Resolution was duly adopted at a regular meeting of the City Council o ne 4"h day of October, 2011, by the following roll call vote AYES: Bennett, Gibbs, Long, McAllister and Lane
NOES: None
ABSENT: None
ABSTAIN: None
Vinser
The foregoing instrument is a City Clerk
correct copy of the original on
file in this office.
ATTEST: Oct. 24, 20L
A.Kay unsor
City Clerk, Murriota, California
By: —
RMM 9/27/11 (2)
S0067408 / CCAR 5817 2 of 2