HomeMy WebLinkAboutC22310D-G - Monterey Ave Intrchng Rmp Mdfctn 669-02CONTRACT N0. C22310-D
CONTRACT N0. C22410-G
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: APPROVE COOPERATIVE AGREEMENT AMENDMENT AND
MAINTENANCE AGREEMENT WITH CALTRANS FOR THE
MONTEREY AVENUE INTERCHANGE RAMP MODIFICATION
PROJECT ON INTERSTATE 10 (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:
February 14, 2013
CONTENTS: Cooperative Agreement Amendment
Original Cooperative Agreement
Maintenance Agreement
Vicinity Map
Recommendation:
By Minute Motion, approve the
Maintenance Agreement with
Interchange Ramp Modificatio
669-02).
Backqround:
Cooperative Agreement Amendment and
Caltrans for the Monterey Avenue
n Project on Interstate 10 (Project No
On October 14, 2004, the City Council approved Contract C22310A with RBF
Consulting for engineering services to prepare the plans, specifications and estimate
(PS&E) for the proposed westbound on- and off-ramp modifications at the Monterey
Interchange on Interstate 10 (I-10). The ramp modifications consist of realigning the
westbound I-10 off-ramp to Varner Road and inserting a loop on-ramp from northbound
Monterey Avenue to westbound I-10. This will eliminate the congestion and queuing
experienced on northbound Monterey Avenue of vehicles entering westbound I-10.
On April 6, 2009, a Cooperative Agreement No. 8-1425 was executed between the City
of Palm Desert and Caltrans outlining the rules and responsibilities of both agencies for
the project including the funding sources. The fund sources have since changed, which
necessitates the Cooperative Agreement Amendment. The latest funding sources
change includes removal of City local funds and Regional Improvement
Staff Report
Approve Cooperative Agreement Amendment and Project Specific Agreement
Page2of2
February 14, 2013
Program/Transportation Enhancement (RIP/TE), an increase of Congestion Mitigation
and Air Quality (CMAQ) funds, an addition of State Local Partner Program (SLPP)
funds, Transportation Equity Act for the 21St Century Demonstration (TEA 21-DEMO)
and Riverside County Sales Tax (Measure A), and an increase of the State Furnished
Material amount in the construction phase. The CMAQ and TEA 21-DEMO funds are
federal funds and the SLPP funds are state funds.
In accordance with the previously executed Cooperative Agreement, it was agreed that
the City and Caltrans would enter into a Maintenance Agreement (also known as
Project Specific Agreement) defining the City's maintenance responsibility. At the early
design stage of the project, the City desired the retaining wall and tie back wall with
some special aesthetic feature (see exhibit in the Maintenance Agreement). With
Caltrans' concurrence, the City will only be responsible for superficial aesthetic
maintenance such as graffiti removal, cleaning, and painting.
The City is in the final process of acquiring the last piece of right-of-way, and design is
almost complete. Upon completion of this acquisition and the design, it is anticipated the
project will go to construction in late summer or early fall this year.
Fiscal Impact:
There is no direct fiscal impact associated with the Maintenance Agreement. The latest
funding change removes City local funds.
Prepared By:
�
Bo Chen, P.�., City Engineer
f�
�^ G��"
ul S. Gibson, Director of Finance
Depar�m n Head:
Mark Gr wood, P.E. _
Director ublic Works
CTTY COUNCI%�ITON
APPROVED DENiFD
RECEIVED OTHER
—) ��-- �l)
Approval:
n M. Wohlmuth, City Manager
AYES:��� K�l ,� -���
NOE5: �
ABSENT: � �`�-�
ABSTAIN:1� ` �
VERIFIED BY: r .C) �l l%�'�C
Original on File with City C�k's Office
08-Riv-10-PM 44.0/45.0
Modify Existing Monterey Avenue
Interchange in Riverside County
EA OFO501
District Agreement No. 8-1425 A/1
Project # 0$00000110
AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT (Amendment), ENTERED INTO
EFFECTIVE ON , 20_, 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 (chartered City)
of the State of California, referred to herein
as "CITY."
RECITALS
The parties hereto entered into Agreement No. 8-1425, on April 6, 2009, said
Agreement defining the terms and conditions of a project to modify the existing
Monterey Avenue Interchange ramps on Interstate 10 (I-10), referred to herein as
"PROJECT."
2. The purpose of this Amendment is to increase the amount of Congestion
Mitigation and Air Quality (CMAQ) funds, add Transportation Equity Act for the
21St Century Demonstration (TEA 21-DEMO), State and Loca1 Partnership Plan
(SLPP), and Riverside County Sales Tax (Measure A) funds; remove CITY local
and Regional Improvement Program/Transportation Enhancement (RIP/TE)
funds; and to increase the State Furnished Materials amount from $5,000 to
$219,390.
It has also been determined that the PROJECT will not be completed prior to the
termination date of said Agreement.
IT IS THEREFORE MUTUALLY AGREED:
Article 3 of Recitals of the original Agreement shall be amended to read as
follows:
District Agreement No. 8-1425 A/1
"CITY is willing to be responsible for one hundred percent {100%) of all
construction capital outlay and support cost activities of which a portion will be
funded out of Congestion Mitigation and Air Quality (CMAQ) funds in the
amount of $1,771,000, Transportation Equity Act for the 21S` Century
Demonstration (TEA 21-DEMO) funds in the amount of $990,000, State and
Local Partnership Plan (SLPP) funds in the amount of $2,800,000 and Riverside
County Sales Tax (Measure A) funds in the amount of $2,800,000, except that the
costs of STATE's Independent Quality Assurance (IQA) will be borne by
STATE. The PROJECT cost estimate is shown on Exhibit A/l, dated January 23,
2013, attached hereto and made a part of this Agreement."
2. Article 1 of Section 1 of the original Agreement shall be amended to read as
follows:
"To be responsible for one hundred percent (100%) of total actual PROJECT
construction costs of which a portion will be funded out of CMAQ, TEA-21-
DEMO, SLPP and Measure A funds as shown in Exhibit A/1, dated January 23,
2013, required for satisfactory completion of PROJECT, including, but not
limited to Construction Zone Enhancement Enforcement Program, "State-
furnished material" and source inspection costs, except for costs of STATE's
IQA. If it becomes necessary to obtain additional funds to complete PROJECT,
these additional funds will be provided by CITY."
3. Article 30 of Section I of the original Agreement shall be added to read as
follows:
"CITY will submit monthly invoices to STATE for reimbursement of actual
construction capital costs to be paid from SLPP funds up to the amount shown in
Funding Summary.
After parties agree that all scope activities are complete, CITY will submit a final
accounting for all PROJECT costs. Based on the final accounting, parties will
refund or invoice as necessary in order to satisfy the obligation of this
Agreement."
4. Article ? of Section II of the original Agreement shall be added to read as follows:
"STATE will deposit with CITY within 45 days of receipt of CITY's continuous
invoices for actual construction capital costs to be paid from SLPP funds up to the
amount shown in Funding Summary.
To pay CITY upon completion of all work and within twenty (20) days of receipt
of a detailed statement made upon final accounting of costs therefore to complete
STATE's financial obligation pursuant to this Agreement."
2
District Agreement No. 8-1425 A/1
The termination date specified in Article 26 of Section III of said Agreement is
replaced in its entirety to read as follows:
"This Agreement will terminate upon completion of PROJECT that all parties
have met all scope, cost, and schedule commitments included in this Agreement
and have signed a cooperative agreement closure statement, which is a document
signed by parties that verifies the completion of PROJECT.
However, all indemnification, document, retention, audit, claims, environmental
commitment, legal challenge, hazardous material, operation, maintenance and
ownership articles will remain in effect until terminated or modified in writing by
mutual agreement."
6. Revised Exhibit A/1, dated January 23, 2013, attached to and made a part of this
Amendment, supersedes Exhibit A shown in the original Agreement.
7. All other terms and conditions of said Agreement No. 8-1425 shall remain in full
force and effect.
8. This Amendment is hereby deemed to be a part of Agreement No. 8-1425.
District Agreement No. 8-1425 A/1
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.
STATE OF CALIFORNIA
Department of Transportation
CITY OF PALM DESERT
By:
Basem E. Muallem, P.E.
District Director
APPROVED AS TO FORM AND
PROCEDURE:
By:
Attorney
Department of Transportation
CERTIFIF,D AS TO FINANCIAL TERMS
AND CONDITIONS:
By:
Accounting Administrator
CERTIFIED AS TO FUNDS:
By:
Lisa Pacheco
District Budget Manager
By:
Mayor
Attest:
CITY Clerk
APPROVED AS TO FORM AND
PROCEDURE:
I�
CITY Counsel
4
District Agreement No. 8-1425 A/1
EXHIBIT A/1
January 23, 2013
CON Subtotal
Support Fnnds
Type
I Federal CITY CMAQ $1,771,000 $1,771,000
� Federal CITY TEA 21- DEMO $ 990,000 $ 990,000
� State CITY SLPP $2,800,000 $2,800,000
I Local CITY Measure A $2,800,000* 100%** $2,800,000
I Subtotals by $g 261,000 100%
Component $8,361,000
*Includes STATE's costs for the supply of State Furnished Materials: $219,390
** Includes STATE's costs for Source Inspection: $5,000
Source Partneg Fund Type Cap al
5
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� �..,� �,. �
OS-Riv-10-PM 44.0/45.0
Modify Existing Monterey Avenue
Inter�hange in Riverside County
EA QF4501
District Agreement No. 8-2425
CONSTRUCTION
COOPERATNE AGREEMENT
THIS AGREEMENT, ENTERED INTO EFFECTNE ON ���1, t( C, 2009, is
between the STATE OF CALIFQRNIA, 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
Califarnia, referred to herein as "CIT'Y."
RECITALS
STATE and CI'TY, 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. CTTY desires to madify the existing Monterey Avernxe Interchange ramps on
Interstate 10 (I-10), referred to herein as "PROJECT".
3. CTTY is willing to be responsible for one hundred percent (100%) of all construcfiion
capital outiay and support costs aotivities of which a portion will be fimded out of Federal
Congestion Mitigation aad Air Quality (CMA� funds in the amount of $1,566,000, and
CTTY's local matching fimds in the amount of $203,000, and Federal Regional
Improvement Program/'I'ransportation Enhancement (RIP/TE) locals funds in the amount
of $378,OOQ, and CTTY's local matching funds in ttie amount of $302,OOQ, except that the
costs of STATE's Independent Quality Assurauce (IQA} will be borns by STATE. The
PROJECT cost estiraate is shown on Exhibit A, attached hereto aad made a part of this
Agreement.
4. The parties agree that CITY will prepaze the contract documents and advertise, award,
and administer the construction contract for PROJECT.
5. PROJECT (Project Approval and Environmental Documentation (PABcED); Plans,
Spa:ifications and Estimates (PSBcE); and Right of Way) for PROJECT were covered in
a prior Cooperative Agreement executed by STATE and CI'TY on Apri121 2008
(District Agreement No.8-1283) �
• . '' .
�
District Agr�ement No. 8-1425
6. The terms of this Agreement shall supersede any inconsistent terms of any prior
Memorandum of Understa�iing (MOU) or agreement relating to PROJECT.
The parties now define herein below the tenns and conditions under which PROJECT is
to be owned, constructed, financed, operated, and maintained.
SECTION I
CITY AGREES:
To be responsible for one hundred pexcent (100%) of total actual PROJECT construction
cost (of wluch portion will be funded out of CMAQ and RIP/TE with the balance to .be
funded using local agency funding sources, as shown in Exhibit A) required for
satisfactory completion of PROJECT, including, but not limited to COZEEP
(conshuction zone enhancement enforcement program), "State-furnished material" and
source inspecrion costs, except for costs of STATE's IQA. If it becomes necessary to
obtain additional funds to complete PROJECT these additional funds will be provided by
CT'TY.
2. All PROJECT work performed by CIT'Y, or performed on CITY's behalf, shall be
pe�rfoaned in accordance with all State and Federal laws, regulations, policie.s, procedures
and standards that STATE would nornially follow. All such PR07ECT work shail be
submitted to STATE for STATE's review, comment, concwrence, and/or approval at
�.Y.�.,,,,:ate stages of developmen�
3. All PR(?JECT work, except as set forth in this Agreeanent, is to be performed by CITY.
Should CITY request that STATE perform any portion of PROJECT work, except as
othervvise set forth in this Agreement, CITY shall first agree to reimburse STATE far
such work pursuant to an amendment to this Agreenaex�t or a separate executed
agreement.
4. To permit STATE to monitor, participate, and oversee selection of personnel v�ho will
pmvide conshuction-engineering services for PROJEGT. CPTY agrees to consider any
request by STATE to avoid a contract award or to discontinue services of any peisonnel
considered by STATE to be unqualified on the basis of credentials, professional
expertise, failure to perform, and/or other pertinent criteria.
5. To make written application to STATE for necessary encroachment pennits authorizing
entry of CITY onto SHS right of way to perform required work as more specifically
defined elsewhere in this Agreemen� CIT'Y shall also require CITY's constiltants and
conlracxors to make written application to STATE for the same necessary encroachment
permits.
• � � °1 �' }
' District Agreement No. 8-1425
6. To submit a written request for any "State-fumished material" identified in the PROJECT
plans, specifica►tions, and estimates (PS&E) a minimum of forty-five (45) days in advance
of the need for such materials. Ta th� pay STATE, within fif%en (15) days of receipt of
STATE's billing, the actual cost invoiced far the requested "State-furnished material".
CTTY may take delivery of the "State-fiunishe�d material" after STATE's receipt of
CI'fY's payment and at the location directe�i by STATE.
7. STATE shall perforrn source inspection as outlined in STATE's Construction Manual,
Construction Manual Supplement for Local Agency Resident Engineer, and Local
Agency Struchue Representative Guideline. CI'TY shall reimbinse STATE for all direct
and indirect costs incurred for any source inspection performed by STATE.
8. To deposit with STATE within twenty-five (25) days of receipt of STATE's billing
thereof the amount of said bill, which amount represents the estimated cost of source
inspection, as refened to in Secrion I of tlus Agre�nent.
9. To pay STATE upon completion of all work on PROJECT and within twenty-five (25)
days of receipt of a detailed statement made upon final accounting of costs therefore, any
amount, over and above the afaresaid deposits for State-fiunished materials and source
inspeetian, required to complete CTTY's financial obligations assumed pursuant to this
Agreement.
10. To advertise, award, and administer the construction contract for PROJEGT in
accordance with requirements of the Local Agency Public Conshvction Act and the
California Labor Code, including its prevailing wage pmvisions. Workeis employed in
the performance of work contracted for by CTTY, and/or performed wider encroachme�at
pecmit, are covered by provisions of the California Labor Code in the same manner as are
workers employed by STATE's contractors. The use of any Federal fwnds towards
PROJECT const�i�tian will mandate the inclusion and enforcement of all applicable
Federal labor mandates.
11. Construdion by CITY of those portions of PROJECT which lie within the SHS right of
way shall not commence until CITY's caniract plans involving such worlc, the utility
relocation plans, and the right of way cefification have been reviewed and accepted by
STATE and �ncroaclunent permits have been issued to CITY and CI TY's contractor.
12. CTTY's constructian contractor shall maintain in force, until completion and acceptance
of the PROJECT construction contrad, a policy of General Liability Insurance, including
cove�rage of Bodily Injury Liability and Property Damage Liability, that complies with all
coverage requirements with Section 7-1.I2 of STATE's then effective Standard
Specifications. Such policy shall contain an additional insured endorsement naming
STATE and its officers, agent§, and employees as additional insureds. This insurance
coverage shall be evidenced by a Certificate of Insurance in a form satisfactory to
STATE which shall be delivered to STATE before the issuance of an encroachment
permit to C1TY's c�nshuction contractor.
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District Agreement No. 5-1425
13. To require the cQnstruction contractor to furnish both a payment and a performance bond,
naming CITY as obligee with both bonds complying with the requiremeMs set forth in
Section 3-1.02 of STATE's curcent Standard Specifications prior to performing any
PROJECT construction work. CITY shall defend, indemnify, and hold hazmless STATE
and its officexs, agents, and employees from ail claims and suits by stop notice claimants
related to the oonshvction of PROJECT.
14. To have PROJECT oonstructed by contract to the satisfaction of and subject to STATE's
acceptance in accordance with the STATE accepted PROJECT PS&E.
15. Contract adrninistration procedures shall conform to STATE's Constiuction Manual,
Construction Manual Supplement for Local Agency Resident Engineer, Lacal Agency
Siructure Representative Guideline, and the PROJECT encroachment permits.
16. Construction within the existing or ultimate SHS right of way shall cornply with
STATE's Standazd Specifications, the PROJECT Spe.cial Provisions, and STATE's
Construction Manual.
17. If any existing utility facilities conflict with the construction of PROJECT or violate
STATE's encroachment policy, CITY shall make all necessary arra�►gements with the
owners of such facilities for their timely accommodation, protection, relocation, or
reinoval.
The costs for the PROJECT's positive identification and location, protection, relocation,
or removal of utility facilities whether inside or outside STATE's right of way shall be
detennined in accordance with Federal and California laws and regulations, and
STATE's policies, pracedures, standards, practices, and applicable agreements including,
but not limited to, Freeway Master Contracts.
18. All survey work shall conform to the methods, procedures, and requirements of STATE's
Surveys Manual and STATE's Staking Infoimation Booklet.
19. PROJECT material testing and Quality ControllAssurance shall conform to STATE's
Construction Manual, Construction Manual Supplement for Local Agency Resident
Engineer, Local Agency 5tructure Representative Cruideline and STATE's California
Test Methods, and shall be performe�i by a material tester certified by STATE, at CITY's
expense.
20. To furnish, at CITY's exgense and subject to the approval of STATE, a field site
representative who is a licensed civil engineer in the State of Califoraia to perfortn the
functions of a Resident Engineer. The Resident Engineer shall not b+e an employee or
subcontractor of the entity, if any, that prepared the PROJECT PS&E or an anployee of
the construction contractar.
21. If the Resident Engine�r is not also a registered Landscape Architect, CTTY will fumish,
at CITY expense and subject to approval of STATE, a Landscape Architect to perform
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` �� District Agreement No. 8-1425
the fiuwtian of an Assistant Resident Engineer/Inspector who is responsible for both daily
on-site inspeGtions and final decisions including, but not limited to, any highway planting
and the irrigations systems that comprise a portion of the PROJECT work. Final
decisions shall continue to be subject to the satisfaction and approval of STATE.
22. At PROJECT's expense, to fiunish sufficient qualified support sta�, subject to the
approval of STATE, to assist the Resident Engineer in, but not limiteri to, structure
representative, construction surveys, soils and foundation tests, measurement and
computation of quantities, tesdng of construction materials, checking shop drawings,
preparation of estimates and reports, preparativn of the mandated "As-BuilY' drawings,
and other inspection and staff services necessary to assure that the canstruction is being
performed in accordance with the PROJECT PS&E. Said qualified support staiishall be
independent of the desiga engincering company and construction contractor, except that
the PROJECT designer may be retained to check shop drawings, do soils foundation
tests, test construction materials, and perform construction surveys. •
23. Within one hundred eighty (180} days following the completion and acceptance of the
PROJECT crmstruction contract, to furnish STATE with a complete set of "As-Built"
plans (hard copy and electronic formats) in accordance with STATE's then current
CADD Users Manual, Plans Preparation Manuel, and STATE practice. The submittal
must also include a11 STATE requested contract records, including s�uvey documents and
Rec�ords of Surveys (to include monument perpetuation per the L,and Surveyor Act,
section 8771). CITY shall also submit correct� full-sized hardcopy structure plans.
24. To retain or cause to be retained for audit by STATE or other governme,nt auditors for a
period of four (4) years from the date of final payment under the PROJECT contract, or
four (4) years from STATE payment of the final voucher, whichever is longer, all recorrclss
and accounts relating to PROJECT construadon. CTTY shall retain said records and
accounts longer for such peri.ods as are required in writing by STATE.
2�. Upon completion of PROJECT canshudion, CITY will operate and maintein, at CITY's
cost, aay part of PROJEGT located outside of the existing SHS right of way, including
CITY underpasses and overcrossings of then existing SHS right of way, until any
subsequent acceptance of any part of PROJEGT into the SHS by STATE, appmval by the
Federal Highway Administration (FHWA), if req�ured, and conveyance of acceptable
title to STATE.
26. If CITY cannot complete PROJEGT as originally scoped, scheduled, and estimated,
CTTY will, only with STATE's priar writtet► consent, amend the PROJECT PS&E for a
suitable resolution to ensitt�e an alternate form of modified PROJEGT that will, at all
times, provide a safe and operable SHS.
27. If CI'TY teaninates the PROJECT prior to comgletion, STATE shall require CTTY, at
CITY's expense, to rettun the SHS right af way bo its original condition or to a safe and
operable condition acceptable to STATE. If CTTY fails to do sa, STATE reserves the
right to finish PROJECT or place PROJECT in a safe and operable conditian and STATE
5
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District Agreement No. 8-1425
will bill C1TY for all actual expenses incurred and CITY a� to pay said bill within
tlurty (30) days of receipt.
28. If unanticipated cultural, archaeological, paleontological or other protected materials are
encountered during PRO7EGT construction, CTTY shall stop work in that area until a
, qualified professional can evaluate the nature and sigaificance of the find and a plan is
approved for the removal ar protection of that material. The costs for any removal or
protection of that material shall be covered as a PROJECT cost contemplated by this
Agreement.
29. To provide, at PROJECT capital expet�se, a Construction Zone Enhancement
Enforcement Prograzn (COZEEP) by contracting directly with the California Highway
Patrol (CHP) for all traffic restricrions as outlined in STATE's Construction Manual.
SECTION II
STATE AGREES:
1. At no cost to CITY, to provide IQA to assure that CTTY's PROJECT work is petformed
in full compliance with the approved PROJECT PS&E and in accordance with STATE's
then effective policies, procedures, standards, and practices. This IQA function includes
both the obligation and the authority to reject noncompliant PROJECT work and
materials accepted by CITY, to order any actions nceded for public safety or the
preservation of pmperty on the SHS, and to assure compliance with all provisions of the
encroachment permit(s) issued by STATE to CTTY and CITY's coniractor.
2. Upon proper application by CTTY and by CITY's contrador, to issue, at no cost to CTTY
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.
3. To provide, at CITY's cost, any "State-fittaished material" as shown on the PROJEGT
PS&E as detercnined by STATE to be ,�rra,.�,riate and available during oonstruction of
PROJECT. Upon receipt af CI'TY's request for any such "State-fuxnished materials",
STATE will order those materials and STATE's Project Manager will have an invoiae
submitted to CTTY for the casts of those mat�ials. Upon receipt of those materials and
CTTY's payment, STATE will make those "State-furnished materials" available to CTCY
at a STATE designated site.
4. Independent assurance testing, spe�ialty testing, and appraval of the type of asphalt and
concrete plants shall be by STATE, at STATE's expense.
5. To submit an invoice to CITY for the estimated direct and indirect cost of source
inspection, pursuant to Sedion I of this Agrcement, prior to start of PROJECT
construction and upon receipt of said estimate fi+om STATE's representative.
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District Agrcement No. 8-1425
b. Upon completion of PROJECT and all work incidental thereto, to furnish CITY with a
• detailed statement of the State-fumished materials and soarce inspection costs ta be borne
by CITY. To thereaf%r refund to CITY, promptly after completion of STATE's final
accaunting of said PROJECT casts, any amount of CTTY's deposits required in Sedion I
of this Agreement remaining after actual State-fumished materials and source inspection
costs to be bome by CTTY have been deducted, or to bill CITY for any additional amount
required to complete CTfY's financial obli$ations assumed pursuant to this Agreement.
SECTION III
IT IS MUTUALLY AGREED:
All obligations of STATE under the terms of this Agrcement are subject to the
�rr. „r.:ation of resources by the Legislature, State Budget Act authoriry, and the
ailocation of funds by the California Transportation Commission (CTC).
2. The perties 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 construction phase administered by CITY. This guidance includes prompt
reviews by STATE tv assure that a11 work and products delivered ar incorporated into the
PROJECT by CITY conform with the,n existing STATE standards. IQA does not include
any PROJECT related work dcemed necessary to actually develop and deliver the
PROJEG"f, nor does it involve any validation to verify and recheck any work performed
by CTTY and/or its consultants ar contractois and no liability will be assigaable to
STATE, its ofi'icers and employees by CTTY unde,r the t�ms of tlus Agreement or by
third parties by reason of STATE's IQA activities. All work performed by STATE that is
not direck IQA shall be chargeable against PROJECT funds as a service for which
STATE will invoice its actual costs and CTTY will �y or authorize STATE to reimbuise
itself from then available PROJECT funds pursuant to an amendment to this Agreement
authorizing such ser��ices to be performed by STATE.
3. CTTY agrees to obtain, as a PRO]ECT cost, all necessary PROJECT permits, agre�ments,
a�l/or approvals fivm appropriate regulatory agencies, unless the parties agree otherwise
in writing. If STATE agrees in writing to obtain said PROJEC'f pe�mits, agreements,
and/or approvals, those said costs shall be a PROJECT cost.
4. C1TY shall be fully responsible for complying with and implementing any and all
environmental cominiEments set forth in the environmental cloctunentation, Permit(s),
agreement(s), and/or approvals for PROJECT. The costs of said compliance and
implementation shall be a PROJECT cost
5. If there is a legal challeng+e to the environmental documentation, including investigative
studies and/or technical environmental report(s), permit(s), agreement(s), and/or
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District Agreement No. 8-1425
approval(s) for PROJECT, all legal costs associated with those said legal challenges sha11
be a PROJECT cost.
6. If, during perfoimance of PROJECT construction, new information is obtained which
requires the preparation of additional envimnmental documentation to comply with the
California Environmental Quality Act (CEQA) and if applicable, the National
Envirorimental Policy Act (NEPA), this Agreement will be amended to include
completion of those additional tasks.
All administrative reports, studies, materials, and documentation, including, but not
limited to, all administrative dratts 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 patties agree that said material will not be distributed,
released or shazed with any other organization, person or group other thau the parties'
employee.s, 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.
8. During PROJECT constructiory representatives of CI'TY and STATE will cooperate and
consult with each other to assure that all PROJECT work is accomplished according to
the PROJEG`T PS&E and STATE's then applicable policies, procedures, standards, and
practices. Satisfaction of these requirements shall be verified by STATE's IQA
represerrtatives who are au'thorized to enter CITY's pmperty during construction for the
purpose of monitoring and coordinating construction activities.
9. PROJEC'T PS&E changes shall only be implemented by contract change orders that have
been reviewed and concurred arith by STATE's rep�tative(s). All changes affecting
public safety or public convenience, all design and specification chang�es, and all major
changes as defined in STATE's Constructian Manuat shall be approve� by STATE in
advance of performing that work. Unless otherwise directed by STATE's representative,
change orders authorized as provided hc,rein will not require an encroachment permit
rider. All changes shall be shown on the "As-Built" plans.
10. CIT'Y shall provide a construction contract claims process acr.eptable to STATE �d shall
process any and all claims through CITY's claims process. STATE's representative will
be made available to CITY to provide advice and technical input in any claims process.
11. In the event that STATE propases and/or requires a change in design standards,
implementation of those new or revised design standards shall be done in ac�ordance
with STATE's Highway Design Manusl, Sedion 82.5, "Effective Date for Implementing
Revisions to Design Standaxds." STATE shall consult with CTTY in a timely manner
regarding the effect of proposed and/ar required PROJEC"f changes.
12. The pariy that discovers hazardous material (HM) wi11 imrnediately notify the other
garty(ies) to this Agreement.
iti y � 1
District Agreement No. 8-1425
HM-1 is defined as hazazdous material (including but not limited to hazardous waste) that
requires re�noval and disposal pursuant to federal or state law, whether it is disturbed by
PRQJECT or not.
HM-2 is defined as hazardous material (including but not limited to hazardous waste) that
may require removal and disposal pursuant to federal or state law, only if disturbed by
PROJECT.
13. STATE, independent of PROJECT, is responsible for any HM-1 fownd 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 management 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.
14. If HM-2 is found within the limits of PROJECT, the public agency responsible for
advertisement, award, and administration (AAA) of the PROJECT conshvction contract
will be responsi6le for HM-2 management activities.
Any management activity cost related to HM-2 is a PROJECT construction cost.
15. Management activities related ta either HM-1 or HM-2 include, without limitation, any
necessary ma�aifest requirements and designation af disposal facility.
16. STATE's acquisition ar acxeptance of title to any property on which any hazardous
material is found will proceed in accordance with STATE's policy on such acquisition.
17. STATE, in exercising its authority under section 591 af the Vehicle Code, has included
all of the requirements set forth in Divisions 11, I2,13,14, and 15 of the Vehicle Code as
applicable to the PROJECT az�s apen to public traffic. CITY shall take all necessary
p�ecautions for safe operation of CI'!'Y's vehicles, the construction cx�ntractor's
equipment and vehicles and/or velucles of personnel retained by CITY to assure the
protedion of the traveling public and STATE employees from injury and damage from
such vehicles or equipment.
18. Upon PROJECT completion and acceptance, subject to the approval of STATE, STATE
will commence its aperational responsibilities over the new SHS facilides wlule the
respective future maintenaace responsibilities of the parties axe defined by existing
Maintenance Agreennent #RN-33-015188, entered into effective on November 20, 2001,
which agre�ne.nt adequately id�tifies c�ment and future obliga�ions af the parties
relative to prior existing facilities and these new PROJECT facilities.
19. Upon PROJECT completion, subject to the appmval of STATE, STATE will operate and
maintain traffic signals, signs and safety ligirting (collectively "Electtical Facilities"�, as
defined by existing Maintenance Agreement #RN-33-015188, entered into effective on
,, � �w ;�
, District Agreement No. s-Ia2s
November 24, 2001, that details the shared funding responsibilities of the parties for
operallon, maintenance and energy costs relat� to said Electrical Facilities.
Maintenance is br�adly deem+ed to inclutle all necessary rautine maintenance, repairs,
modifications and replacements.
20. Upon satisfactory completion of all PROJECT work under this Agreement, as d�ermined
by STATE, acxual ownership and tide to matezials, equipment, and appurtenances
installed within the operating SHS right of way for SHS operations will be vested in
STATE, and materials, equipment, and appurtenances installed for non-SHS operations
both inside (overcrossings and underpasses for local trafficj and outside of the SHS right
of way will automatically be deemed to be under the control of CITY or an appropriate
third party as determined by CITY.
21. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not a party to this Agreement or to affect the legal
liability of either party to the Agreement by imposing any standard of care with respect to
tbe development, design, construction, operation, or maintenance of the SHS and public
facilities different from the standard of care imposed by law.
22. 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 conne,ction with any work, authority or jurisdietion conferred upon CTTY or arising
under this Agreement. It is understood and agre�d that, CITY will fully defend,
indemnify and save harmless STATE and all its officers and employees from all claims,
suits or actions of every name, kind and description brought forth under, incl�ing, but
not limited tq tortious, contractual, inverse condemnation or other theories or assertions
of liability occurring by reason of anything done or oxnitted to be done by CTTY under
this Agreemen�
23. Neither CITY nor any officer or employee thereof is responsible for any injury, damage
or liability occurring by reason of anything done or omitt� to be done by STATE under
or in conneaion with any work, authority or juiisdiction conferred upon STATE or
arising under this Agreennent. It is understood and agreed that, STATE will fully def�nd,
indemnify and save harniless CI TY and all its officers and employees from all claims,
suits or actions af every name, kind and description bmught forth unde.r, inaluding, but
not lunited to, tortious, contractuai, inverse condemnation or other theories or assertions
of liability occurring by reasnn of anything done or omitted to be done by STATE under
this Agreemen�
24. Prior to the commencement of any work. pursuant to this Agreement, either STATE or
CITY may terminate ttris Agreement by written notice to the other party.
25. No alteration or variation of the terms of tlris Agreement shall be valid unless made by a
formal amendment executsd by the partie.s hereto and no oral understanding or agceeinent
not incorporated herein shall be binding on any of the parties hereto.
10
� } E �
� District Agreement No. 8-1425
26. This Agreement shall tenninate upon satisfactory completion of all post-PROJECT
construction obligations of CITY and the delivery of required PROJECT construction
documents, with concunence of STATE, or on L�ce�mber 31, 2015, whichever is earlier
in rime, except that the ownership, operation„ maintenance, indemnification,
environmental commitments, legal challenges, and claims articles sha11 remain in effect
until terminated or modified, in writing, by mutual ag�reement. Should any construction
relat�l 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:
I1
�: .
•• y � >
District A:grcement No. 5-1425
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
WILL KEMPTON
Director
By: t"9 d ��.'"
l� RAYM D W. WOLFE, PhD
� District Director
APPROVED AS TO FORM AND
PROCEDURE:
C! � r
f' �
By: f �..., �� ,
Attorney,
Deparbment of Transportation
CERTIFIED AS TO FUNDS:
By; j :
nistrict suctget Ntanager
�,��i �i�i.i AS TO FINANCIAL
TERMS AND POLICIES:
By. _ � ��a��..�...'�V'��-�
^, Accouating Admiru r
,��
CTTY OF PALM DESERT
' � �
� ��� �� .a t�j. � /
�l�
=�: a~.- ;.�./-�:..:::.%i��
APPROVED AS TO FORM AND
PROCEDURE:
$y; � /�' !1�-=
C Co�rfsel
12
: : . ' t� � ,� �
District Agreement No. 8-1425
EXHIBIT A
COST ESTIMATE
Local Program Funds Local Program Funda Locat Fnnda
CONTRUCTION Federal % Match o�o Federal % Match %
PIiASE 88.53 11.47 10�%
55.6 44.4
0 0 0 0
$1,566,000 $203,Q00 $378,000 $302,000
0 0 0 0
0 0 0 Q
$1,56b,000 $203,000 $3T8,000 $302,OOd
$540,0�
$5,300,000
$5,000
$5,000
$5,810,000
13
AGREEMENT FOR MAINTENANCE OF RETAINING WALL AND TIE BACK
WALL No. 930
IN THE CITY OF PALM DESERT
THIS AGREEMENT is made and entered into in duplicate, effective this day of
, 2013, by and between the State of California, acting by and through its
Department of Transportation, hereinafter referred to as"STATE" and the CITY of Palm Desert
hereinafter referred to as "CITY", and collectively referred to as "PARTIES."
WITNESSETH:
A. WHEREAS, on April 6, 2009 Cooperative Agreement No. 8-1425 was executed
between CITY and STATE to construct modifications to the existing Monterey
Interchange ramps on State Route 10, hereinafter referred to as "PROJECT", and
B. WHEREAS, in accordance with the said Agreement it was agreed by PARTIES that prior
to or upon PROJECT completion, CITI' and STATE will enter into a maintenance
Agreement.
C. WHEREAS, the PARTIES hereto mutually desire to clarify the division of maintenance
responsibility, as defined in Section 27 of the California Streets and Highways Code, and
their respective responsibilities as to project constructed under the Cooperative
Agreement No. 8-1425.
NOW THEREFORE, IT IS AGREED:
A. Exhibit "A" consists of plan drawings for retaining wall and tie back wall that delineated
the areas within STATE right of way which are the responsibility of the CI'TY to
maintain in accordance with this Maintenance Agreement.
B. If there is mutual agreement on the change in the maintenance duties between PARTIES,
the PARTIES can revise the Exhibit by a mutual written-execution of the Exhibit.
C. CITY must obtain the necessary Encroachment Permits from STATE's District 8
Encroachment Permit Office prior to entering STATE right of way to perform CITY
maintenance responsibilities. This permit will be issued at no cost to CITY.
l. VEHICULAR AND PEDESTRIAN OVERCROSSING (IF PROJECT INCLUDES
VEHICULAR AND PEDISTRIAN OVERCROSSING):
a} CITY, at CITY expense, will perform superficial aesthetic maintenance for the
entire retaining wall and tie back wall, including but not limited to, debris, graffiti
removal, cleaning, and painting.
1/4
b) State, at no cost to CITY, will perform the structural maintenance of the
aforementioned walls.
c) In the event that CITY does not contract with STATE for the aesthetic
maintenance, CITY shall apply for an Encroachment Permit from STATE which
will stipulate reasonable terms of entry by CITY onto STATE's right-of-way for
the purpose of performing the aesthetic maintenance commencing from the date
of project completion and every two (2) years thereafter. An Encroachment
Permit from STATE will also be required for any contractor of CITY, if CITY
delegates its maintenance work to any party other than STATE.
d) In the event that CITY is informed of the need for the aesthetic maintenance on
the wall but is unable or refuses to perform its obligations under this Agreement,
STATE may perform City's obligations at CITY's expense.
2. INTERCHANGE OPERATON:
a) It is STATE'S responsibility to provide efficient operation of freeway
interchanges, including ramp connections to local streets and roads.
3. LEGAL RELATIONS AND RESPONSIBILITIES:
a) 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 a PARTY to the Agreement by imposing any standard of care
with respect to the operation and maintenance of STATE highways and local
facilities different from the standard of care imposed by law.
b) Neither CIT'Y 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, under or in connection with any work, authority or jurisdiction conferred
upon STATE under this Agreement. It is understood and agreed that STATE
shall fully defend, indemnify and save harmless CITY and all of their 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.
c) 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 under this Agreement. It is understood and agreed that
CITY shall 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
2/4
description brought forth under, including section 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.
d) Labor Code Comnliance: Prevailin� Wases
If the work performed on this Project is done under contract and falls within the
Labor Code Section 1720(a)(1} definition of a"public work" in that it is
construction, alteration, demolition, installation, repair or maintenance CITY
must conform to the provisions of Labor Code Sections 1720 through 1815, all
applicable regulations and coverage determinations issued by the Director of
Industrial Relations. CITY agees to include Prevailing Wage requirements in its
contracts for public work. Work performed by CITY'S own forces is exempt
from the Labor Code's Prevailing Wage requirements.
e) Prevailin� Wa�e Reauirements in Subcontracts
CITY shall require its contractors to include Prevailing Wage requirements in all
subcontracts funded by this Agreement when the work to be performed by the
subcontractor is a"public work" as defined in Labor Code Section 1720(a)(1).
Subcontracts shall include all Prevailing Wage requirements set forth in CITY'S
contracts.
Insurance :
CITY and their contractors shall maintain in force, during the term of this
agreement, a policy of general liability insurance, including coverage of bodily
injury liability and property damage liability, naming the State of California, its
officers, agents and employees as the additional insured in an amount of $1
million per person occurrence and $2 million in aggregate. Coverage shall be
evidenced by a certificate of Insurance in a form satisfactory to Departrnent that
shall be delivered to Department with a signed copy of this Agreement.
4. EFFECTIVE DATE:
This Agreement sha11 be effective upon the date appearing on its face, and shall
remain in full force and effect until amended or terminated at any time upon mutual
consent of the PARTIES or until terminated by STATE for cause. It is being
understood and agreed, however, that the execution of this Maintenance Agreement
shall not affect any pre-existing obligations of CITY to maintain other designated
areas until a written notice from STATE has been issued that work in such areas,
which CITY has agreed to maintain pursuant to the terms of a Agreement, has been
completed.
3/4
The PARTIES are empowered by Streets and Highways Code Section ll4 & 130 to enter into
this Agreement and have delegated to the undersigned the authority to execute this
Agreement on behalf of the respective agencies and covenants to have followed all the
necessary legal requirements to validly execute this Agreemen�
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year
first above written.
CITY OF PALM DESERT
BY
MAYOR
ATTEST:
BY
CITY Clerk
APPROVED AS TO FORM:
BY
CITY Attorney
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
I�
Malcolm Dougherty
Director of Transportation
�
Deputy District Director
Maintenance
District
BY
**Lega1 Attorney
Department of Transportation
**Approval by STATE'S Attorney is not required unless changes are made to this form, in
which case, the draft will be submitted to Headquarters for review and approval by STATE's
Attorney as to form and procedures.
4/4
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