HomeMy WebLinkAbout2013-257 r`
1 RESOLUTION NO. 2013-257
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING A COOPERATIVE AGREEMENT NO. 08-
3 1565 WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
4 (CALTRANS) FOR OVERSIGHT OF THE DEVELOPMENT OF THE PROJECT
INITIATION DOCUMENT (PID) FOR UNIVERSITY PARKWAY/INTERSTATE 215
5 FREEWAY INTERCHANGE IMPROVEMENTS PROJECT (SSO4-19).
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. The City Manager is hereby authorized and directed to execute the
9 attached Cooperative Agreement No. 08-1565 with the California Department of
10 Transportation (Caltrans) for oversight of the development of the Project Initiation Document
11 (PID) for University Parkway/Interstate 215 Freeway Interchange Improvements Project(SSO4-19) in
12
the amount of $98,000.00 to provide oversight services for preparation of a Project Study
13
14 Report/Project Development Support (PSR/PDS) for the University Parkway/Interstate 215
15 interchange loop entrance ramp project (SSO4-19); said Cooperative Agreement is attached
16 hereto as Exhibit"A" and incorporated herein.
17 SECTION 2. The Director of Finance is hereby authorized and directed to issue a
18
Purchase Order to the California Department of Transportation (Caltrans) for this work in the
19
20 total amount of$98,000.00.
21 SECTION 3. The authorization to execute the above-referenced Cooperative
22 Agreement is rescinded if it is not executed within ninety (90) days of the passage of this
23 Resolution.
24
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27 /1/
28
2013-257
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING A COOPERATIVE AGREEMENT NO. 08-
2 1565 WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS) FOR OVERSIGHT OF THE DEVELOPMENT OF THE PROJECT
3 INITIATION DOCUMENT (PID) FOR UNIVERSITY PARKWAY/INTERSTATE 215
4 FREEWAY INTERCHANGE IMPROVEMENTS PROJECT (SSO4-19).
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a joint regular meeting
7 thereof, held on the 3rd day of September , 2013, by the following vote, to wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ x
11 JENKINS x
12 VALDIVIA x
13
SHORETT x
14
KELLEY x
15
16 JOHNSON x
17 MCCAMMACK x
18 �?-
19
Georgea Hanna, ity Clerk
20 .�
The foregoing resolution is hereby approved this 0 day of September , 2013.
21
22 `
23 Patrick Morris, Mayor '
an Bernardino
24
25 Approved as to form:
JAMES F. PENMAN,
26 City Attorney
27 By: , 9-
28
2013-257
08-SBD-215-PM 11.63
Project Number: 0800000083
EA: 0E420
Agreement No. 08-1565
COOPERATIVE AGREEMENT
Project Study Report— Project Development Support (PSR-PDS)
This Agreement, effective on September 3. 20 3 , is between the State of
California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of San Bernardino, a body politic and municipal corporation or chartered city of the
State of California,referred to hereinafter as CITY.
RECITALS
1. PARTNERS are authorized to enter into a cooperative agreement for improvements to the
state highway system(SHS)per Government Code 65086.5.
2. CITY desires that a project initiation document(PID) is developed to reconfigure existing
interchange and ramps at University Parkway, in the city of San Bernardino, within the
SHS and is referred to herein as PROJECT.
3. PARTNERS acknowledge that this Agreement is only applicable for a Project Study
Report-Project Development Support(PSR-PDS) PID.
4. California Government Code section 65086.5 mandates that CALTRANS review and
approve all PIDs developed by entities other than CALTRANS.
5. CITY is willing to develop the PID and is willing to fund one hundred percent(100%) of
the PID's costs and fees, including costs to reimburse CALTRANS. If, in the future,
CALTRANS is allocated state funds and Personnel Years (PYs) for PID review of this
PROJECT, CALTRANS will agree to amend this Agreement to change the reimbursement
arrangement for PID review.
CALTRANS will review and approve the PID prepared by CITY; will provide relevant
proprietary information in the form of existing data dumps, spreadsheets, and maps and
will actively participate in the project delivery team(PDT)meetings, and will complete any
work elements identified in the SCOPE SUMMARY of this Agreement. All CALTRANS'
activities will be done as reimbursed work.
6. PARTNERS hereby set forth the terms, covenants, and conditions of this Agreement, under
which they will complete the PID.
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2013-257
•
Agreement No. 08-1565
ROLES AND RESPONSIBILITIES
7. CITY will prepare a PID for PROJECT at its sole cost and expense and at no cost to
CALTRANS. The PID shall be signed on behalf of CITY by a Civil Engineer registered in
the State of California.
8. CALTRANS will complete the work elements that are assigned to it on the SCOPE
SUMMARY which is attached to and made a part of this Agreement by reference. CITY
will complete the work elements assigned to it on the SCOPE SUMMARY. Work
elements marked with"N/A" on the SCOPE SUMMARY are not included within this
Agreement._Work elements are outlined in the WorkplanStc ardsGuide for the Delivery
of Capital Projects available at www.dot.ca.gov/hq/projmgmt/guidance.htm.
9. The PID shall be prepared in accordance with all State and Federal laws, regulations,
policies,procedures, and standards that CALTRANS would normally follow if
CALTRANS was to prepare the PID.
10. CALTRANS will complete a review of the draft PID and provide its comments to CITY
within 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.
11. After 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. The 30 day CALTRANS
review period will be stalled during that time and will continue to run after CITY provides
the required data.
12. CALTRANS will perform its review and approval in accordance with the provision of the
current Project Development Procedures Manual. CALTRANS' review and approval will
consist of performing independent quality assurance (IQA)to verify that quality
control/quality assurance (QC/QA) meets department standards and determination that the
work is acceptable for the next project component. However, CALTRANS' review and
approval does not involve any work necessary to actually develop or complete the PID. No
liability will be assignable to CALTRANS, its officers and employees by CITY under the
terms of this Agreement or by third parties by reason of CALTRANS' review and approval
of the PID.
13. PID preparation, except as set forth in this Agreement, is to be performed by CITY.
Should CITY request CALTRANS to perform any portion of PID preparation work, except
as otherwise set forth in this Agreement, CITY shall first agree to reimburse CALTRANS
for such work and PARTNERS will amend this Agreement.
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2013-257
Agreement No. 08-1565
INVOICE AND PAYMENT
14. CITY agrees to pay CALTRANS, an amount not to exceed $98,000.
15. CALTRANS will draw from any CALTRANS administered state and/or federal funds that
CITY has committed to CALTRANS for this PROJECT.
16. The cost of any engineering support performed by CALTRANS will be charged according
to current law.
17. CALTRANS_will invois_eXTTY_for a_$10,0Q0 initial deposit_after execution of this
Agreement and thirty (30)working days prior to the commencement of PROJECT
expenditures.
18. Thereafter, CALTRANS will submit to CITY monthly invoices for estimated monthly
costs based on the prior month's expenditures.
19. After PARTNERS agree that all work is complete for the PROJECT, CALTRANS will
submit a final accounting for all costs. Based on the final accounting, CALTRANS will
reind or invoice as necessary in order to saris y the financial-con iniments of this-- - -
Agreement.
20. If an executed Program Supplement Agreement(PSA) or STIP Planning, Programming,
and Monitoring Program Fund Transfer Agreement(PPM) exists for this PROJECT then
CITY will abide by the billing and payment conditions detailed for the fund types
identified in the PSA or PPM.
21. If CITY has received Electronic Funds Transfer(EFT) certification from CALTRANS then
CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices
issued from CALTRANS.
22. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY
will reimburse those funds.
23. Except as otherwise provided in this Agreement, PARTNERS will pay invoices within 30
calendar days of receipt of invoice.
GENERAL CONDITIONS
24. The CITY shall reimburse CALTRANS for the services provided by CALTRANS, as
stipulated in this Agreement, for direct and indirect costs or direct only costs, as governed
by the current law. The current law is highlighted in Exhibit A which is attached to and
made a part of this Agreement. Exhibit A can be updated by PARTIES even without a
formal AMENDMENT whenever there is a change in the law.
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2013-257
Agreement No. 08-1565
25. If HM-1 or HM-2 is found within the PROJECT limits, CITY will immediately notify
CALTRANS.
26. CITY, independent of PROJECT, is responsible for any HM-1 found within PROJECT
limits and outside the existing SHS right of way. CITY will undertake or cause to be
undertaken HM MANAGEMENT ACTIVITIES related to HM-1 with minimum impact to
PROJECT schedule.
27. PARTNERS agree to consider alternatives to PROJECT scope and/or alignment,to the
extent practicable, in an effort to avoid any known hazardous materials within the proposed
PROJECT limits
28. CALTRANS' acquisition or acceptance of title to any property on which any HM-1 or
HM-2 is found will proceed in accordance with CALTRANS' policy on such acquisition.
29. CALTRANS, independent of PROJECT, is responsible for any HM-1 found within the
existing SHS right of way and will pay, or cause to be paid, all costs for HM
MANAGEMENT ACTIVITIES related to HM-1. CALTRANS will undertake, or cause to
be undertaken, HM MANAGEMENT ACTIVITIES related to HM-1 with minimum
impact PROJECT-s edule. -
30. CALTRANS' obligations under this Agreement are subject to the appropriations of
resources by the Legislature,the State Budget Act authority, and the allocation of funds by
the California Transportation commission.
31. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or
liability occurring by reason of anything done or omitted to be done by CALTRANS and/or
its agents under or in connection with any work, authority, or jurisdiction conferred upon
CALTRANS or under this Agreement. It is understood and agreed that CALTRANS, to the
extent permitted by law, will defend, indemnify, and save harmless CITY and all of its
officers and employees from all claims, suits, or actions of every name, kind and
description brought forth under, 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.
32. Neither CALTRANS nor any officer or employee thereof is responsible for any injury,
damage, or liability occurring by reason of anything done or omitted to be done by CITY
and/or its agents under or in connection with any work, authority, or jurisdiction conferred
upon CITY or under this Agreement. It is understood and agreed that CITY, to the extent
permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its
officers and employees from all claims, suits, or actions of every name, kind and
description brought forth under, 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.
33. If work is done under contract(not completed by CITY's own employees) and is governed
by the California Labor Code's definitions of a"public works" (section1720(a)), that CITY
4
2013-257
Agreement No. 08-1565
will conform to sections 1720-1815 of the California Labor Code and all applicable
regulations and coverage determinations issued by the Director of Industrial Relations.
34. This Agreement is intended to be PARTNERS' final expression and supersedes all prior
oral understanding pertaining to PROJECT.
35. This Agreement will terminate 180 days after PID is signed by PARTNERS or as mutually
agreed by PARTNERS in writing. However, all indemnification articles will remain in
effect until terminated or modified in writing by mutual agreement.
5
2013-257
Agreement No. 08-1565
DEFINITIONS
HM-1 —Hazardous material (including, but not limited to, hazardous waste)that may require
removal and disposal pursuant to federal or state law whether it is disturbed by PROJECT or not.
HM-2—Hazardous material (including, but not limited to, hazardous waste)that may require
removal and disposal pursuant to federal or state law only if disturbed by PROJECT.
HM MANAGEMENT ACTIVITIES—Management activities related to either HM-1 or HM-2
including, without limitation, any necessary manifest requirements and disposal facility
designations
PARTNER—Any individual signatory party to this Agreement.
PARTNERS—The term that collectively references all of the signatory agencies to this
Agreement. This term only describes the relationship between these agencies to work together to
achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one
PARTNER's individual actions legally bind the other parties.
SCOPE SUMMARY--The attachment in which each PARTNER designates its responsibili[y —-
for the completion of specific work elements as outlined by the Guide to Capital Project
Delivery Workplan Standards (previously known as WBS Guide) available at
http://www.dot.ca.gov/hq/projmgmt/guidance.htm.
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2013-257
Agreement No. 08-1565
CONTACT INFORMATION
The information provided below indicates the primary contact information for each PARTNER
to this Agreement. PARTNERS will notify each other in writing of any personnel or location
changes. Contact information changes do not require an amendment to this Agreement.
The primary Agreement contact person for CALTRANS is:
John Pagano, Planning Manager
464 West Fourth Street
San Bernardino, CA 92401-1400
Office Phone: (909) 383-5921
Email:john_pagano@dot.ca.gov
The primary Agreement contact person for CITY is:
Robert Eisenbeisz, City Engineer
300 N. D Street
San Bernardino, CA 92418
Office Phone: (909) 384-5179
Email: Eisenbeisz_Ro@sbciry.org
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2013-257
Agreement No. 08-1565
SIGNATURES
PARTNERS declare that:
1. Each PARTNER is an authorized legal entity under California state law.
2. Each PARTNER has the authority to enter into this Agreement.
3. The people signing this Agreement have the authority to do so on behalf of their public
agencies.
STATE OF CALIFORNIA CITY OF SAN BERNARDINO
DEPARTMENTLE TRANSPORTATION
By: By:
Basem E. Muallem, P.E. Allen Parker
District Director City Manager
Approved as to Form:
Certified as to funds:
es F. Penman
ity Attorney
By:
Lisa Pacheco
District Budget Manager
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2013-257
Agreement No. 08-1565
SCOPE SUMMARY
- em intro,
O K"ELME
i' bt 1 ` -� �' T
'k
Y".
0.100.05.05.xx- Quality Management Plan X
0.100.05.05.xx-Risk Management Plan X
0.100.05.05.xx- Communication Plan X
0.100.05.10.xx- Cooperative Agreement for PA&ED Phase X
0.100.05.10.xx- Independent Quality Assurance (IQA) X
0.100.05.10.xx-Project Development Team Meetings X X
1.150.05.05 -Review of Existing Reports Studies and Mapping X_
1.150.05.05.xx-Provision of Existing Reports,Data, Studies, and Mapping X
1.150.05.10 - Geological Hazards Review X
1.150.05.10.xx-Provision of Existing Geological Information X
1.150.05.15 -Utility Search X
1.150.05.15.xx-Provision of Existing Utility Information X
1.150.05.20 -Environmental Constraints Identification X
1.150.05.20.xx- Provision of Environmental Constraints Information X
1.150.05.25 -Traffic Forecasts/Modeling-Traffic Engineering Performance X
Assessment_
1.150.05.25.xx-Provision of Existing Traffic Forecasts/Modeling Information X
1.150.05.30 - Surveys and Maps for PID X
1.150.05.30.xx-Provision of Existing Surveys and Mapping X
1.150.05.35 -Problem Definition X
1.150.05.45 -As-Built Centerline and Existing Right of Way X
1.150.05.xx-Provision of Existing District Geotechnical Information X
1.150.10.05 -Public/Local Agency Input X
1.150.15.05 -Right of Way Data Sheets X
1.150.15.10 - Utility Relocation Requirements Assessment X
1.150.15.15 -Railroad Involvement Determination X
1.150.15.25 -Preliminary Materials Report X
1.150.15.35 -Multimodal Review X
1.150.15.40 -Hydraulic Review X
1.150.15.50 -Traffic Studies X
1.150.15.55 - Construction Estimates X
1.150.20.05 - Initial Noise Study X
1.150.20.10 -Hazardous Waste Initial Site Assessment X
1.150.20.15 - Scenic Resource and Landscape Architecture Review X
1.150.20.30 - Initial Records and Literature Search for Cultural Resources X
1.150.20.50- Initial Water Quality Studies X
1.150.20.60 -Preliminary Environmental Analysis Report Preparation X
1.150.20.65 -Initial Paleontology Study X
1.150.25.05 -Draft PID X
1.150.25.20 -PID Circulation, Review, and Approval X
1.150.25.25 - Storm Water Data Report X
1.150.35 -Required Permits During PID Development X
1.150.40 -Permit Identification During PID Development X
1.150.45 -Base Maps and Plan Sheets for PID X
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2013-257
Agreement No. 08-1565
EXHIBIT A
Beginning in Fiscal Year 2012-13, the California Department of Transportation shall exempt
Project Initial Document development and oversight services reimbursed from local government
agencies from full cost recovery as outline in Caltrans' Indirect Cost Recovery Plan. Local
government agencies shall be obligated to reimburse only direct costs to Caltrans for work under
the Transportation Planning Program (40 Program).
For additional detail, reference Assembly Bill (AB) 1477, signed into law on September 30,
2012 and as shown in Chapter 603, amending item 2660-001-0042 of Section 2.00 of the State
Budget Act of 2012,
10
2013-257
08-SBD-215-PM 11.63
Project Number: 0800000083
EA: 0E420
Agreement No. 08-1565
COOPERATIVE AGREEMENT
Project Study Report—Project Development Support (PSR-PDS)
This Agreement, effective on �?� �1o?c '�, is between the State of
California, acting through its ep rtment of Transportation,referred to as CALTRANS, and:
City of San Bernardino, a body politic and municipal corporation or chartered city of the
State of California, referred to hereinafter as CITY.
RECITALS
1. PARTNERS are authorized to enter into a cooperative agreement for improvements to the
state highway system (SHS)per Government Code 65086.5.
2. CITY desires that a project initiation document(PID) is developed to reconfigure existing
interchange and ramps at University Parkway, in the city of San Bernardino, within the
SHS and is referred to herein as PROJECT.
3. PARTNERS acknowledge that this Agreement is only applicable for a Project Study
Report-Project Development Support(PSR-PDS) PID.
4. California Government Code section 65086.5 mandates that CALTRANS review and
approve all PIDs developed by entities other than CALTRANS.
5. CITY is willing to develop the PID and is willing to fund one hundred percent(100%) of
the PID's costs and fees, including costs to reimburse CALTRANS. If, in the future,
CALTRANS is allocated state funds and Personnel Years (PYs) for PID review of this
PROJECT, CALTRANS will agree to amend this Agreement to change the reimbursement
arrangement for PID review.
CALTRANS will review and approve the PID prepared by CITY; will provide relevant
proprietary information in the form of existing data dumps, spreadsheets, and maps and
will actively participate in the project delivery team (PDT)meetings, and will complete any
work elements identified in the SCOPE SUMMARY of this Agreement. All CALTRANS'
activities will be done as reimbursed work.
6. PARTNERS hereby set forth the terms, covenants, and conditions of this Agreement,under
which they will complete the PID.
1
2013-257
Agreement No. 08-1565
ROLES AND RESPONSIBILITIES
7. CITY will prepare a PID for PROJECT at its sole cost and expense and at no cost to
CALTRANS. The PID shall be signed on behalf of CITY by a Civil Engineer registered in
the State of California.
8. CALTRANS will complete the work elements that are assigned to it on the SCOPE
SUMMARY which is attached to and made a part of this Agreement by reference. CITY
will complete the work elements assigned to it on the SCOPE SUMMARY. Work
elements marked with"N/A"on the SCOPE SUMMARY are not included within this
Agreement. Work elements are outlined in the Workplan Standards Guide for the Delivery
of Capital Projects available at www.dot.ca.gov/hq/projmgmt/guidance.htm.
9. The PID shall be prepared in accordance with all State and Federal laws, regulations,
policies, procedures, and standards that CALTRANS would normally follow if
CALTRANS was to prepare the PID.
10. CALTRANS will complete a review of the draft PID and provide its comments to CITY
within 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.
11. After 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. The 30 day CALTRANS
review period will be stalled during that time and will continue to run after CITY provides
the required data.
12. CALTRANS will perform its review and approval in accordance with the provision of the
current Project Development Procedures Manual. CALTRANS' review and approval will
consist of performing independent quality assurance(IQA) to verify that quality
control/quality assurance (QC/QA)meets department standards and determination that the
work is acceptable for the next project component. However, CALTRANS' review and
approval does not involve any work necessary to actually develop or complete the PID. No
liability will be assignable to CALTRANS, its officers and employees by CITY under the
terms of this Agreement or by third parties by reason of CALTRANS' review and approval
of the PID.
13. PID preparation, except as set forth in this Agreement, is to be performed by CITY.
Should CITY request CALTRANS to perform any portion of PID preparation work, except
as otherwise set forth in this Agreement, CITY shall first agree to reimburse CALTRANS
for such work and PARTNERS will amend this Agreement.
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• 2013-257
Agreement No. 08-1565
INVOICE AND PAYMENT
14. CITY agrees to pay CALTRANS, an amount not to exceed $98,000.
15. CALTRANS will draw from any CALTRANS administered state and/or federal funds that
CITY has committed to CALTRANS for this PROJECT.
16. The cost of any engineering support performed by CALTRANS will be charged according
to current law.
17. CALTRANS will invoice CITY for a$10,000 initial deposit after execution of this
Agreement and thirty(30)working days prior to the commencement of PROJECT
expenditures.
18. Thereafter, CALTRANS will submit to CITY monthly invoices for estimated monthly
costs based on the prior month's expenditures.
19. After PARTNERS agree that all work is complete for the PROJECT, CALTRANS will
submit a final accounting for all costs. Based on the final accounting, CALTRANS will
refund or invoice as necessary in order to satisfy the financial commitments of this
Agreement.
20. If an executed Program Supplement Agreement(PSA) or STIP Planning, Programming,
and Monitoring Program Fund Transfer Agreement(PPM) exists for this PROJECT then
CITY will abide by the billing and payment conditions detailed for the fund types
identified in the PSA or PPM.
21. If CITY has received Electronic Funds Transfer(EFT) certification from CALTRANS then
CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices
issued from CALTRANS.
22. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY
will reimburse those funds.
23. Except as otherwise provided in this Agreement, PARTNERS will pay invoices within 30
calendar days of receipt of invoice.
GENERAL CONDITIONS
24. The CITY shall reimburse CALTRANS for the services provided by CALTRANS, as
stipulated in this Agreement, for direct and indirect costs or direct only costs, as governed
by the current law. The current law is highlighted in Exhibit A which is attached to and
made a part of this Agreement. Exhibit A can be updated by PARTIES even without a
formal AMENDMENT whenever there is a change in the law.
3
• 2013-257
Agreement No. 08-1565
25. If HM-1 or HM-2 is found within the PROJECT limits, CITY will immediately notify
CALTRANS.
26. CITY, independent of PROJECT, is responsible for any HM-1 found within PROJECT
limits and outside the existing SHS right of way. CITY will undertake or cause to be
undertaken HM MANAGEMENT ACTIVITIES related to HM-1 with minimum impact to
PROJECT schedule.
27. PARTNERS agree to consider alternatives to PROJECT scope and/or alignment, to the
extent practicable, in an effort to avoid any known hazardous materials within the proposed
PROJECT limits.
28. CALTRANS' acquisition or acceptance of title to any property on which any HM-1 or
HM-2 is found will proceed in accordance with CALTRANS' policy on such acquisition.
29. CALTRANS, independent of PROJECT, is responsible for any HM-1 found within the
existing SHS right of way and will pay, or cause to be paid, all costs for HM
MANAGEMENT ACTIVITIES related to HM-1. CALTRANS will undertake, or cause to
be undertaken, HM MANAGEMENT ACTIVITIES related to HM-1 with minimum
impact to PROJECT schedule.
30. CALTRANS' obligations under this Agreement are subject to the appropriations of
resources by the Legislature, the State Budget Act authority, and the allocation of funds by
the California Transportation commission.
31. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or
liability occurring by reason of anything done or omitted to be done by CALTRANS and/or
its agents under or in connection with any work, authority, or jurisdiction conferred upon
CALTRANS or under this Agreement. It is understood and agreed that CALTRANS, to the
extent permitted by law, will defend, indemnify, and save harmless CITY and all of its
officers and employees from all claims, suits, or actions of every name, kind and
description brought forth under, 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.
32. Neither CALTRANS nor any officer or employee thereof is responsible for any injury,
damage, or liability occurring by reason of anything done or omitted to be done by CITY
and/or its agents under or in connection with any work, authority, or jurisdiction conferred
upon CITY or under this Agreement. It is understood and agreed that CITY, to the extent
permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its
officers and employees from all claims, suits, or actions of every name, kind and
description brought forth under, 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.
33. If work is done under contract(not completed by CITY's own employees) and is governed
by the California Labor Code's definitions of a"public works" (section1720(a)), that CITY
4
2013-257
Agreement No. 08-1565
will conform to sections 1720-1815 of the California Labor Code and all applicable
regulations and coverage determinations issued by the Director of Industrial Relations.
34. This Agreement is intended to be PARTNERS' final expression and supersedes all prior
oral understanding pertaining to PROJECT.
35. This Agreement will terminate 180 days after PID is signed by PARTNERS or as mutually
agreed by PARTNERS in writing. However, all indemnification articles will remain in
effect until terminated or modified in writing by mutual agreement.
5
2013-257
Agreement No. 08-1565
DEFINITIONS
HM-1 —Hazardous material (including,but not limited to, hazardous waste)that may require
removal and disposal pursuant to federal or state law whether it is disturbed by PROJECT or not.
HM-2—Hazardous material (including,but not limited to,hazardous waste)that may require
removal and disposal pursuant to federal or state law only if disturbed by PROJECT.
HM MANAGEMENT ACTIVITIES—Management activities related to either HM-1 or HM-2
including, without limitation, any necessary manifest requirements and disposal facility
designations.
PARTNER—Any individual signatory party to this Agreement.
PARTNERS—The term that collectively references all of the signatory agencies to this
Agreement. This term only describes the relationship between these agencies to work together to
achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one
PARTNER's individual actions legally bind the other parties.
SCOPE SUMMARY—The attachment in which each PARTNER designates its responsibility
for the completion of specific work elements as outlined by the Guide to Capital Project
Delivery Workplan Standards (previously known as WBS Guide) available at
http://www.dot.ca.gov/hq/projmgmt/guidance.htm.
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Agreement No. 08-1565
CONTACT INFORMATION
The information provided below indicates the primary contact information for each PARTNER
to this Agreement. PARTNERS will notify each other in writing of any personnel or location
changes. Contact information changes do not require an amendment to this Agreement.
The primary Agreement contact person for CALTRANS is:
John Pagano, Planning Manager
464 West Fourth Street
San Bernardino, CA 92401-1400
Office Phone: (909) 383-5921
Email:john_pagano@dot.ca.gov
The primary Agreement contact person for CITY is:
Robert Eisenbeisz, City Engineer
300 N. D Street
San Bernardino, CA 92418
Office Phone: (909) 384-5179
Email: Eisenbeisz_Ro @sbciry.org
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Agreement No. 08-1565
SIGNATURES
PARTNERS declare that:
1. Each PARTNER is an authorized legal entity under California state law.
2. Each PARTNER has the authority to enter into this Agreement.
3. The people signing this Agreement have the authority to do so on behalf of their public
agencies.
STATE OF CALIFORNIA CITY OF SAN BERNARDINO
DEPA.RTMENTIE TR.ANSPORTATLON
jAp_.
By: By:
Basem E. Muallem, P.E. Allen arker
District Director City Manager
Approved as to Form:
Certified as to funds:
By:
es F. Penman
ity Attorney
B
isa Pacheco
District Budget Manager
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Agreement No. 08-1565
SCOPE SUMMARY
' x
# y +
6 h
) )) , # --- fie ,'.. ,
0.100.05.05.xx-Quality Management Plan X
0.100.05.05.xx-Risk Management Plan X
0.100.05.05.xx- Communication Plan X
0.100.05.10.xx- Cooperative Agreement for PA&ED Phase X
0.100.05.10.xx- Independent Quality Assurance(IQA) X
0.100.05.10.xx-Project Development Team Meetings X X
1.150.05.05 - Review of Existing Reports Studies and Mapping X
1.150.05.05.xx-Provision of Existing Reports, Data, Studies, and Mapping X
1.150.05.10 -Geological Hazards Review X
_1.150.05.10.xx- Provision of Existing Geological Information X
1.150.05.15 -Utility Search X
1.150.05.15.xx-Provision of Existing Utility Information X
1.150.05.20 -Environmental Constraints Identification X
_1.150.05.20.xx-Provision of Environmental Constraints Information X
1.150.05.25 -Traffic Forecasts/Modeling-Traffic Engineering Performance X
Assessment
1.150.05.25.xx- Provision of Existing Traffic Forecasts/Modeling Information X
_1.150.05.30 - Surveys and Maps for PID X
1.150.05.30.xx-Provision of Existing Surveys and Mapping X
1.150.05.35 -Problem Definition X
1.150.05.45 -As-Built Centerline and Existing Right of Way X
1.150.05.xx-Provision of Existing District Geotechnical Information X
1.150.10.05 -Public/Local Agency Input X
1.150.15.05 -Right of Way Data Sheets X
1.150.15.10 -Utility Relocation Requirements Assessment X
1.150.15.15 -Railroad Involvement Determination X
1.150.15.25 -Preliminary Materials Report X
1.150.15.35 -Multimodal Review X
1.150.15.40 -Hydraulic Review X
1.150.15.50 -Traffic Studies X
1.150.15.55 - Construction Estimates X
1.150.20.05 - Initial Noise Study X
1.150.20.10 -Hazardous Waste Initial Site Assessment X
1.150.20.15 - Scenic Resource and Landscape Architecture Review X
1.150.20.30 - Initial Records and Literature Search for Cultural Resources X
1.150.20.50 - Initial Water Quality Studies X
1.150.20.60 - Preliminary Environmental Analysis Report Preparation X
1.150.20.65 - Initial Paleontology Study X
1.150.25.05 -Draft PID X
1.150.25.20 -PID Circulation, Review, and Approval X
1.150.25.25 - Storm Water Data Report X
1.150.35 -Required Permits During PID Development X
1.150.40 -Permit Identification During PID Development X
1.150.45 -Base Maps and Plan Sheets for PID X
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EXHIBIT A
Beginning in Fiscal Year 2012-13, the California Department of Transportation shall exempt
Project Initial Document development and oversight services reimbursed from local government
agencies from full cost recovery as outline in Caltrans' Indirect Cost Recovery Plan. Local
government agencies shall be obligated to reimburse only direct costs to Caltrans for work under
the Transportation Planning Program(40 Program).
For additional detail, reference Assembly Bill (AB) 1477, signed into law on September 30,
2012 and as shown in Chapter 603, amending item 2660-001-0042 of Section 2.00 of the State
Budget Act of 2012.
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