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HomeMy WebLinkAboutC22310C Cooperative Agreement Monterey Ave and I-10 Interchange 669-02REQUEST: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Approve Cooperative Agreement with Caltrans for the Monterey Avenue Interstate 10 Interchange Ramp Modification (Project No. 669-02) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: California Department of Transportation Caltrans, District 8 464 W. 4th Street San Bernardino, CA 92401-1400 DATE: March 13, 2008 CONTENTS: Caltrans Cooperative Agreement Vicinity Map Recommendation: By Minute Motion: 1.) Approve the Cooperative Agreement between the City of Palm Desert and Caltrans that outlines the roles and responsibilities of both agencies for the Project Approval/Environmental Documentation, Design, and Right -of -Way Acquisition Phases of the Monterey Avenue Interstate 10 Interchange Ramp Modification Project, and 2.) Authorize the Mayor to execute the agreement. Background: On February 12, 2004, City Council approved Contract No. C22310 in the amount of $199,030 with RBF Consulting for engineering and environmental services to complete the Project Approval and Environmental Documentation (PA/ED) Phase of the Monterey Avenue Interstate 10 Interchange Ramp Modification Project. The ramp modifications consist of realigning the westbound 1-10 off -ramp to Varner Road and inserting a loop on -ramp from northbound Monterey Avenue to westbound 1-10. This will eliminate the congestion and queuing experienced on northbound Monterey Avenue by vehicles making the left turn to westbound 1-10. Amendment 1 to Contract No. 22310 in the amount of $50,070 was approved by Council on October 28, 2004, for additional services to meet Caltrans and FHWA requirements not previously included in the original scope of work. On June 22, 2006, Amendment 2 in the amount of $135,990 was approved for costs due to the delay of the original 22-month schedule to 36 months (April 2007) to obtain project and environmental approval. Since similar projects take 48 to 60 months to Approve Cooperative Agreement with Caltrans-Monterey 1-10 Interchange Page 2 of 3 March 13, 2008 complete, the expectation to complete this phase sooner was originally overly optimistic. Since April 2007, completion of the PA/ED phase has been further delayed due to the numerous reviews and extended durations for these reviews of the environmental studies and report, the combined Project Report/Study Report (PR/PSR), the Fact Sheets for nonstandard features, and the geometric approval (35%) design drawings. The environmental reports and studies were completed and the draft environmental document was finally signed and approved for public circulation on August 29, 2007. However, the Caltrans District Director had various issues with the draft PR/PSR when it was presented for his signature approval. He returned the draft PR/PSR for further review and in November 2007 we received the draft PR/PSR comments from Caltrans. The City Public Works Director and Engineering Manager met with Caltrans Deputy Directors to determine which revisions needed to be made. On January 31, 2008, the revised PR/PSR and related documents were re -submitted to Caltrans for approval. In the meantime, our key contact, Patricia Romo, Deputy Director of Design Services, left Caltrans and her successor will most likely take longer to review and recommend approval of the document. After the revised PR/PSR and related documents are approved, the draft environmental document will require a re-evaluation to determine if any of the changes to the draft PR/PSR affect any of the environmental studies. Discussion: The goal of staff would be to have the PR/PSR and environmental document approved and released for public comments this spring. After receiving public comments, the final environmental document is prepared for approval and filing. A modified access report has also been prepared for submittal to Caltrans and FHWA for review and approval of the changes at this interchange and the impact to adjacent interchanges. An amendment to the contract with RBF will be presented for Council approval once the impacts of the current delay and the resulting work to revise the PR/PSR and the related documents are known and evaluated. Based upon the environmental document being released this spring for public review, the following is the current schedule for completion of the project: Milestone Date Complete PA/ED Phase October 2008 Complete Design March 2009 Advertise for Bids April 2009 Award Contract for Construction June 2009 Begin Construction July 2009 Complete Construction July 2010 Approve Cooperative Agreement with Caltrans-Monterey 1-10 Interchange Page3of3 March 13, 2008 Staff will also strive to accelerate the final design process to make up some of the lost time. Some good news is that the majority of the right-of-way for the project has been acquired. The acquisition consisted of approximately three acres on the northeast quadrant of the interchange at a cost of $2,953,417.50. The current estimate of the total project cost is $8,890,000. The project is programmed to receive 50% funding from CVAG in the amount of $4,050,000 for design, right-of-way acquisition, and construction costs. The City has recently received a $1,565,700 Congestion Mitigation and Air Quality (CMAQ) grant for reimbursement of construction costs. Also, the City was previously awarded a Transportation Enhancement grant in the amount of $378,000 for reimbursement of landscaping construction costs. The attached Cooperative Agreement between the City and Caltrans outlines the roles and responsibilities for the PA/ED, Final Design, and Right -of -Way Acquisition Phases of the project. A future cooperative agreement will be executed for the Construction Phase. Staff recommends that City Council approve and authorize the Mayor to execute the agreement. Prepared By: Jo A. Garcia, P.E. En ► neering Manager ( Homer Croy ACM for Deve o ment Services Carlos L.'Orte0 City Manager JG/dhl Department Head: -470 Mark`Greenwood, P.E. Director of Public Works Paul Gibson Finance Director CITY COUNCIL ACTION: APPROVED ✓ DENIED RECEIVED OTHER MEETING DATE 3 • I3 ,0 AYES: [� [< < ')/ >• f ► 101 NOES: P ABSENT: l\141 Y ABSTAIN: None, VERIFIED BY: RDk l /Y)arn Original on File with City Clerk's Office S'IA7'F.OFCAI.IPORNIA--BUSINESS.TRANSPOK7'A'IIONANDIiOUSINGAGI;N(_Y ____ . DEPARTMENT OF TRANSPORTATION DISTRIC'I' 8 DGSIGN Ci & AGREEMFN'1'S (MS 971) 464 W�;ST 4�t{ S'TREET, 6�}� FLOOR SAN 13ERNAKI)INO, CA 92401-1400 PHONE (909) 388-7143 FAX (909) 383-6230 February 25, 2008 Mr. John Garcia Engineering Manager City of Palm Desert 75-510 Fred Waring Drive Palm Desert, CA 92260-2578 ti� C� 08-Riv-10-KP R70.8/72.4 �� ��� ;};� '; �,t,:z. Flex your power! Be energy e�cient! Modify Existing Monterey Avenue IC in Riverside County EA OFO500 District Agreement No. 8-1283 Dear Mr. Garcia: Enclosed for execution by the City of Palm Desert (City) are four (4) original Cooperative Agreements, District Agreement Number 8-1283, for the above-referenced project. Please have the appropriate parties for the City sign and return all original agreements by March 21, 2008 with a certified, notarized Resolution or Minute Decree approving the agreement and authorizing the execution of the agreement. Please leave the effective date blank. The effective date will be the date the District Director signs the agreement. After the agreement is fully executed, we will return one (1) original for your records. If you need more information, please contact me at (909) 388-7143. Sincerely, � ���-�l����-�,�� ��;� '7� MUSTAPHA RAOUF Office Chief Design G & Agreements Enclosure c: Emad Makar, Program/Project Management __ _ ARNOLI) SCHWARZ,GNGGGF.R. Govcmor RECEIVEt1 �g 2 5 2008 �u�oF .�!,��,� "C'al(ru�is improve.s mnhilrty across Californin., 08-Riv-10-KP R70.8/72.4 (PM 44.0/45.0) Modify Existing Monterey Avenue Interchange in Riverside County EA OFO500 District Ageement No. 8-1283 PROJECT DEVELOPMENT COOPERATIVE AGREEMENT This AGREEMENT, entered into effective on , 2008, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE," and the CITY OF PALM DESERT, a body politic and a municipal corporation of the State of California, referred to herein as "CITY." RECITALS STATE and CITY, 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) within CITY's jurisdiction. 2. CITY desires to modify the existing Monterey Avenue Interchange ramps on Interstate 10 (I-10), referred to herein as "PROJECT". 3. CITY is willing to fund one hundred percent (100%) of all capital outlay and support costs, except that the costs of STATE's Independent Quality Assurance (IQA) of Project Approval and Environmental Document (PA&ED), Plans, Specifications and Estimates (PS&E) and right of way activities and STATE's costs incurred as the California Environmental Quality Act (CEQA) Lead Agency and National Environmental Policy Act (NEPA) Lead Agency, if applicable, in the review, comment, and approval if appropriate of the PROJECT environmental documentation prepared entirely by CITY, will bc borne by STATE. 4. STATE funds will not be used to finance any of the PROJECT capital and support costs except as set forth in Recital 3 above. The terms of this Agreement shall supersede any inconsistent terms of any prior Mcmorandum of Understanding (MOU) or agreement relating to PROJECT. District Agreement No. 8-1283 6. PROJECT landscape maintenance and construction will be the subject of a separate future agreement or agreements. 7. This Agreement will define the roles and responsibilities of the CEQA Lead Agency and CEQA Responsible Agency regarding the environmental documentation, studies, and reports necessary for compliance with CEQA. This Agreement will also define roles and responsibilities for compliance with NEPA, if applicable. 8. The parties now define herein below the terms and conditions under which PROJECT is to be developed, designed, and financed. SECTION I CITY AGREES: 1. To fund one hundred percent (100%) of all PA&ED, PS&E and right of way activities costs except for costs of STATE's IQA, STATE's review, comment, and approval if appropriate, of the PROJECT environmental documentation for CEQA, and NEPA if applicable. 2. To not use STATE funds for any PROJECT capital and support costs. 3. All PROJECT work performed by CITY, or performed on CITY's behalf, shall be performed in accordance with all State and Federal laws, regulations, policies, procedures, and standards that STATE would normally follow. All such PROJECT work shall be submitted to STATE for STATE's review, comment, and concurrence at appropriate stages of development. 4. All PROJECT work, except as set forth in this Agreement, is to be performed by CITY. Should CITY request that STATE perform any portion of PROJECT work, except as otherwise set forth in this Agreement, CITY shall first agree to reimburse STATE for such work pursuant to an amendment to this Ageement or a separate executed agreement. 5. To have a Project Report/Project Study Report (PR/PSR) and detailed PS&E prcpared, at no cost to STATE, and to submit each to STATE for STATE's review and concurrence at appropriate stages of development. The PR/PSR, and the final PS&E for PROJECT shall be signed on behalf of CITY by a Civil Engineer registered in the State of California. CITY agees to provide landscape plans prepared and signed by a licensed California Landscape Architcct. 6. To have all necessary right of way maps and documents used to acquire right of way by C[TY prepared by or under the direction of a person authorized to practice land surveying in the State of California. Each right of way map and document shall bear the 2 District Agreement No. 8-1283 appropriate professional seal, certificate number, expiration date of registration certification and signature of the licensed person in Responsible Charge of Work. 7. To permit STATE to monitor, participate, and oversee the selection of personnel who will prepare the PR/PSR, prepare environmental documentation, including the investigative studies and technical environmental reports, prepare the PS&E, provide right of way engineering services, and provide right of way acquisition services. CITY agrees to consider any request by STATE to discontinue the services of any personnel considered by STATE to be unqualified on the basis of credentials, professional expertise, failure to perform, and/or other pertinent criteria. 8. To submit to STATE for review and concurrence all Right of Way Engineering Land-Net Maps and Right of Way Appraisal Maps, Records of Survey, and Right of Way Record Maps in accordance with STATE's Right of Way Manual, Chapter 6, Right of Way Engineering, STATE's Plans Preparation Manual, STATE's Surveys Manual, applicable State laws, and other pertinent reference materials and examples as provided by STATE. 9. Personnel who prepare environmental documentation, including the investigative studies and technical environmental reports, shall be made available to STATE, at no cost to STATE, through completion of PROJECT construction to discuss problems which may arise during PS&E, right of way acquisition, construction, and/or to make design revi- sions for contract change orders. 10. Personnel who prepare right of way maps, documents, and related materials shall be made available to STATE, at no cost to STATE, during and after construction of PROJECT until completion and acceptance by STATE of Right of Way Record Maps, Records of Survey, and title to any property intended to be transferred to STATE. 11. To make written application to STATE for necessary encroachment permits authorizing entry of CITY onto the SHS right of way to perform surveying and other investigative activities required for preparation of the PR/PSR, environmental documentation, and/or PS&E. 12. To identify and locate all utility facilities within the area of PROJECT as part of the design responsibility for PROJECT. All utility facilities not relocated or removed in advance of construction shall be identified on the PS&E for PROJECT. 13. If any existing utility facilities conflict with the construction of PROJECT or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their timely accommodation, protection, relocation, or removal. The costs for the PROJECT's positive identification and location, protection, relocation, or rcmoval of utility facilities whether inside or outside STATE's right of way shall be determined in accordance with Federal and California laws and regulations, and District Agreement No. 8-1283 STATE's policies and procedures, standards, practices, and applicable agreements including, but not limited to, Freeway Master Contracts. 14. To furnish evidence to STATE, in a form acceptable to STATE, that arrangements have been made for the protection, relocation, or removal of all conflicting facilities within the SHS right of way and that such work will be completed prior to the award of the contract to construct PROJECT or as covered in the PS&E for said contract. This evidence shall include a reference to all required SHS encroachment permits. 15. To acquire and furnish all right of way, if any, outside of the existing SHS right of way and to perform all right of way activities, including all eminent domain activities, if necessary, at no cost to STATE, and in accordance with procedures acceptable to STATE. These activities shall comply with all applicable State and Federal laws and regulations, subject to STATE's IQA to ensure that the completed work and title to property acquired for PROJECT is acceptable for incorporation into the SHS right of way. 16. To utilize the services of a qualified public agency or a qualified consultant, as determined by STATE's District Division Chief of Right of Way, in all matters related to the acquisition of right of way in accordance with STATE's procedures as published in STATE's current Right of Way Manual. Whenever personnel other than personnel of a qualified public agency, or a qualified consultant, are utilized, administration of the personnel contract shall be performed by a qualified Right of Way person employed or retained by CITY. 17. To certify legal and physical control of right of way ready for construction and that all right of way parcels were acquired in accordance with applicable State and Federal laws and regulations, subject to review and concurrence by STATE prior to the advertisement for bids for the contract to construct PROJECT. 18. To deliver to STATE legal title to the right of way, including access rights, free and clear of all encumbrances detrimental to STATE's present and future uses not later than the date of acceptance by STATE of maintenance and operation of the SHS facility. Acceptance of said title by STATE is subject to a review of a Policy of Title Insurance in the name of the State of California to be provided and paid for by CITY. 19. To be responsible for, and to the STATE's satisfaction, the investigation of potential hazardous material sites within and outside of the existing SHS right of way that could impact PROJECT as part of performing any preliminary engineering work. If CITY discovers hazardous material or contamination within the PROJECT study area during said investigation, CITY shall immediately notify STATE. 20. If CITY desires to have STATE advertise, award, and administer the construction contract for PROJECT, CITY shall provide STATF, with acceptable plans prepared by CITY or CI"I'Y's consultant on either 80 min/700mb CDs or DVDs 4.7 GB or 8.5 GB doublc capacity DVDs using Micro Station Vcrsion 08.05.02.47 .dgn iiles, CaiCE Visual �! District Agreement No. 8-1283 Transportation Version 10. SPS (CaiCE VT). One copy of the data on CD/DVD, including the Engineers electronic signature and seal, shall be provided to STATE upon completion of the final PROJECT PS&E. STATE reserves the right to modify these CD/DVD requirements and STATE shall provide CITY advance notice of any such modifications. Files may be submitted on up to five (5) CDs or, if larger, on DVDs. All submittal files shall be compressed and shall be successfully run through AXIOM FILEFIXER software or EDG. Reimbursement to STATE for costs incurred by STATE to advertise, award, and administer the construction contract for PROJECT will be covered in the separate Cooperative Agreement referred to in Article 17 of Section III of this Agreement. 21. All aerial photography and photogrammetric mapping shall conform to STATE's current standards. 22. A copy of all original survey documents resulting from surveys performed for PROJECT, including original field notes, adjustment calculations, final results, and appropriate intermediate docurnents, shall be delivered to STATE and shall become property of STATE. For aerial mapping, all information and materials listed in the document "Materials Needed to Review Consultant Photo�x'ammetric Mannin�" shall be delivered to STATE and shall become property of STATE. 23. All original recorded land title documents created by PROJECT shall be delivered to STATE and become property of STATE. 24. To submit to STATE a list of STATE horizontal and vertical control monuments which will be used to control surveying activities for PROJECT. SECTION II STATE AGREES: 1. At no cost to CITY, to complete STATE's review as CEQA Lead Agency and NEPA Lead Agency, if applicable, ofthe environmental documents prepared and submitted by CITY and to provide IQA of all CITY work necessary for completion of the PR/PSR and PS&E for PROJECT done by CITY, including, but not limited to, investigation of potential hazardous material sites and all right of way activities undertaken by CITY or its designee, and provide prompt reviews and concurrence, as appropriate, of submittals by CITY, while cooperating in timely processing of documents necessary for completion of the environmental documentation, PR/PSR, and PS&E for PROJECT. 2. Upon proper app�ication by CITY and by CITY's contractor, to issue, at no cost to CITY and CITY's contractor, the necessary encroachment permits for required work within the SHS right of way as more specifically defined elsewhere in this Agreement. 5 District Agreement No. 8-1283 SECTION III IT IS MUTUALLY AGREED: All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature, State Budget Act authority and the allocation of funds by the California Transportation Commission (CTC). 2. The parties to this Agreement understand and agree that STATE's IQA is defined as providing STATE policy and procedural guidance through to completion of the PROJECT preliminary engineering, PS&E, and right of way phases administered by CITY. This guidance includes prompt reviews by STATE to assure that all work and products delivered or incorporated into the PROJECT by CITY conform with then existing STATE standards. IQA does not include any PROJECT related work deemed necessary to actually develop and deliver the PROJECT, nor does it involve any validation to verify and recheck any work performed by CITY and/or its consultants or contractors and no liability will be assignable to STATE, its officers and employees by CITY under the terms of this Agreement or by third parties by reason of STATE's IQA activities. All work performed by STATE pursuant to an amendment to this ageement, that is not direct IQA shall be chargeable against PROJECT funds as a service for which STATE will invoice its actual costs and CITY will pay or authorize STATE to reimburse itself from then available PROJECT funds. 3. The design, right of way acquisition, and preparation of environmental documentation and related investigative studies and technical environmental reports for PROJECT shall be performed in accordance with all applicable Federal and STATE standards and practices current as of the date of performance. Any exceptions to applicable design standards shall first be considered by STATE for approval via the processes outlined in STATE's Highway Design Manual and appropriate memoranda and design bulletins published by STATE. In the event that STATE proposes and/or requires a change in design standards, implementation of new or revised design standards shall be done as part of the work on PROJECT in accordance with STATE's current Highway Design Manual Section 82.5, "Effective Date for Implementing Revisions to Design Standards." STATE shall consult with CITY in a timely manner regarding the effect of proposed and/or required changes on PROJECT. 4. STATE will be the CEQA Lead Agency and CITY will be a CEQA Responsible Agency. STATE will be the NEPA Lead Agency, if applicable. CITY will assess PROJECT impacts on the environment and CITY will prepare the appropriate level of environmental documentation and necessary associated supporting investigative studies and technical environmcntal rcports in order to meet the requirements of CEQA and if applicable, NEPA. CITY will submit to STATE all investigative studies and technical environmental reports for STATE's review, comment, and approval. The environmental document and/or categorical exemption/exclusion determination, including the administrative draft, dratt, administrative final, and final environmental docu�nentation, � District Agreement No. 8-1283 as applicable, will require STATE's review, comment, and approval prior to public availability. If, during preparation of preliminary engineering, preparation of the PS&E, performance of right of way activities, or performance of PROJECT construction, new information is obtained which requires the preparation of additional environmental documentation to comply with CEQA and if applicable, NEPA, this Agreement will be amended to include completion of those additional tasks by CITY. 5. CITY agrees to obtain, as a PROJECT cost, all necessary PROJECT permits, agreements and/or approvals from appropriate regulatory agencies, unless the parties agree otherwise in writing. If STATE agrees in writing to obtain said PROJECT permits, agreements, and/or approvals, those said costs shall be paid by CITY, as a PROJECT cost. 6. CITY shall be fully responsible for complying with and implementing any and all environmental commitments set forth in the environmental documentation, permit(s), agreement(s) and/or environmental approvals for PROJECT. The costs of said compliance and implementation shall be a PROJECT cost. If there is a legal challenge to the environmental documentation, including supporting investigative studies and/or technical environmental report(s), permit(s), agreement(s), environmental commitments and/or environmental approval(s) for PROJECT, all legal costs associated with those said legal challenges shall be a PROJECT cost. CITY, subject to STATE's prior review and approval, as a PROJECT cost, shall be responsible for preparing, submitting, publicizing and circulating all public notices related to the CEQA environmental process and if applicable, the NEPA environmental process, including, but not limited to, notice(s) of availability of the environmental document and/or determinations and notices of public hearings. Public notices shall comply with all State and Federal laws, regulations, policies and procedures. STATE will work with the appropriate Federal agency to publish notices in the Federal Register, if applicable. STATE, as a PROJECT cost, shall be responsible for overseeing the planning, scheduling and holding of all public meetings/hearings related to the CEQA environmental process and if applicable, the NEPA environmental process. CITY, to the satisfaction of STATE and subject to all of STATE's and FHWA's policies and procedures, shall be responsible for performing the planning, scheduling and details of holding all public meetings/hearings related to the CEQA environmental process and if applicable, the NEPA environmcntal process. STATE will participate as CEQA Lcad Agency and if applicable, the NEPA Lead Agency, in all public meetings/hearings related to the CEQA environmental process and if applicable, the NEPA environmental process, for PROJECT. CITY shal] providc STATE the opportunity to providc commcnts on any public meeting/hcaring exhibits, handouts or other materials at lcast tcn (10) days prior to any such public meetings/hearings. STATE maintains final editorial control of exhibits, handouts or other materials to bc uscd at public meetin�s/hearings. 7 District Agreement No. 8-1283 9. In the event CITY would like to hold separate and/or additional public meetings/hearings regarding the PROJECT, CITY must clarify in any meeting/hearing notices, exhibits, handouts or other materials that STATE is the CEQA Lead Agency and if applicable, the NEPA Lead Agency, and CITY is the CEQA Responsible Agency. Such notices, handouts and other materials shall also specify that public comments gathered at such meetings/hearings are not part of the CEQA and if applicable, NEPA, public review process. CITY shall provide STATE the opportunity to provide comments on any meeting/hearing exhibits, handouts or other materials at least ten (10) days prior to any such meetings/hearings. STATE maintains final editorial control of exhibits, handouts or other materials to be used at public meetings/hearings solely with respect to text or graphics that could lead to public confusion over CEQA and if applicable, NEPA, related roles and responsibilities. 10. All administrative reports, studies, materials, and documentation, including, but not limited to, all administrative drafts and administrative finals, relied upon, produced, created or utilized for PROJECT will be held in confidence pursuant to Government Code section 6254.5(e). The parties agree that said material will not be distributed, released or shared with any other organization, person or group other than the parties' employees, agents and consultants whose work requires that access without the prior written approval of the party with the authority to authorize said release and except as required or authorized by statute or pursuant to the terms of this Agreement. 11. CITY's share of all changes in development and construction costs associated with modifications to the basic design features as described above shall be in the same proportion as described in this Agreement, unless mutually agreed to the contrary by STATE and CITY in a subsequent amendment to this Agreement. 12. The party that discovers hazardous materials (HM) will immediately notify the other party(ies) to this Agreement. HM-1 is defined as hazardous material (including but not limited to hazardous waste) that requires removal and disposal pursuant to federal or state law, whether it is disturbed by PROJECT or not. HM-2 is defined as hazardous material (including but not limitcd to hazardous waste) that may require removal and disposal pursuant to fcderal or state law, only if disturbed by PROJECT. 13. STATE, independent of PROJECT, is responsible for any HM-1 found within existing SHS right of way. STATE will undertake HM-1 management activities with minimum impact to PROJECT schedule and will pay all costs for HM-1 managemcnt activities. CITY, independent of PROJECT, is responsible for any HM-1 found outside existing SHS right of way. CITY will undertake HM-1 management activities with minimum impact to PROJECT schedule and will pay all costs for HM-1 management activities. : District Agreement No. 8-1283 14. If HM-2 is found within the limits of PROJECT, the public agency responsible for advertisement, award, and administration (AAA) of the PROJECT construction contract will be responsible for HM-2 management activities. Any management activity cost related to HM-2 is a PROJECT construction cost. 15. Management activities related to either HM-1 or HM-2 include, without limitation, any necessary manifest requirements and designation of disposal facility. 16. STATE's acquisition or acceptance of title to any property on which any hazardous material is found will proceed in accordance with STATE's policy on such acquisition. 17. A separate Cooperative Agreement or agreements will be required to address Landscape Maintenance, and to cover responsibilities and funding for the construction phase of PROJECT. 18. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the development, design, construction, operation, or maintenance of the SHS and public facilities different from the standard of care imposed by law. 19. Neither STATE 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 under or in connection with any work, authority, or jurisdiction conferred upon CITY or arising under this Agreement. It is understood and agreed that, CITY will fully defend, indemnify, and save harmless STATE 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 under this Agreement. 20. 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 STATE under or in connection with any work, authority, or jurisdiction conferred upon STATE or arising under this Agreement. It is understood and agreed that, STATE 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 STATE under this Agreement. 21. Prior to the commencement of any work pursuant to this Agreement, either STATE or CITY may terminate this Agreement by written notice to the other party. 0 District Agreement No. 8-1283 22. 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 of the parties hereto. 23. This Agreement shall terminate upon the satisfactory completion of all post-PROJECT construction obligations of CITY and the delivery of required PROJECT construction documents, with concurrence of STATE, or on December 31, 2014, whichever is earlier in time, except that the ownership, operation, maintenance, indemnification, environmental commitments, legal challenges, and claims articles shall remain in effect until terminated or modified, in writing, by mutual agreement. Should any construction related or other claims arising out of PROJECT be asserted against one of the parties, the parties agree to extend the fixed termination date of this Agreement, until such time as the construction related or other claims are settled, dismissed or paid. SIGNATURES ON FOLLOWING PAGE: 10 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WILL KEMPTON Director : MICHAEL A. PEROVICH District Director APPROVED AS TO FORM AND PROCEDURE: : Attorney, Department of Transportation CERTIFIED AS TO FUNDS: : District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: I� Accounting Administrator District Agreement No. 8-1283 CITY OF PALM DESERT By: Mayor Attest: CITY Clerk APPROVED AS TO FORM AND PROCEDURE: By: CITY Counsel 11 7 + 0 0 7 + 4 4 3 4 5 6 7 910 11 124567 89101112131415168711712713714715716717718719720721722CUEAxxxxxDISTCOUNTYROUTETOTAL PROJECTSHEETTOTALSHEETSPLANSAPPROVALDATEPROJECT ENGINEER CALCULATED/DESIGNED BYCHECKEDBY DATE REVISED BYDATEREVISED LAST REVISION 00-00-00 STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION No.Exp.CIVILR E G IS T ERED P ROFESSIONAL ENGINEERSTATE OF CALI FOR NIA REGISTERED CIVIL ENGINEER020406080KILOMETER POSTNoTIME PLOTTED =>USERNAME =>$USER$REQUESTDATE PLOTTED => $TIME $DATEDGN FILE =>RELATIVE BORDER SCALEIS IN MILLIMETERS Caltrans now has a web site! To get to the web site, go to: http://www.dot.ca.govThe State of California or its officers or agents shall not be responsiblefor the accuracy or completeness of electronic copies of this plan sheet. 08 RIV I-10 R70.8-72.4$FREQUEST CITY OF PALM DESERT73-510 FRED WARING DRIVEPALM DESERT, CA 922604729512/31/07RBF CONSULTING3300 EAST GUASTI ROAD, SUITE 100ONTARIO, CA 91761JEFFREYFROMHERTZ0F050008118171819151617 1 8 MONTEREY AVEAND I-10 INTERCHANGEALTERNATIVE 1SCALE 1:3000VARNER RDEXIST WB ON-RAMPEXIST EB OFF-RAMPMONTEREY AVENUEEXIST EB ON-RAMPUPRRWB OFF-RAMPWB LOOP ON-RAMP