HomeMy WebLinkAbout05.K- Public Works RESOLUTION (ID#2633) DOC ID: 2633
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Tony Frossard M/CC Meeting Date: 09/03/2013
Prepared by: Michael Grubbs, (909) 384-
5140
Dept: Public Works Ward(s): 5
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving a
Cooperative Agreement No. 08-1565 with the California Department of Transportation
(Caltrans) for Oversight of the Development of the Project Initiation Document (PID) for
University Parkway/Interstate 215 Freeway Interchange Improvements Project (SSO4-19).
(#2633)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: $499,064
Account No. 264-160-5504-7240-0025
Account Description: SSO4-019 University Pkwy/I-215 Freeway Interchange Improvements
Balance as of. 08-01-13 $489,024
Balance after approval of this item: $391,024
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
12/06/04 Resolution No. 2004-383 approving Agreement with TY Lin International to
provide a PSR/PR documents for the University Parkway/Interstate 215 Interchange
Southbound Loop Entrance Ramp project (SSO4-19).
07/16/07 Resolution No. 2007-257 adopted approving Amendment No. 1 with TY Lin
International to provide PSR/PR documents for the University Parkway/Interstate 215
Interchange Southbound Loop Entrance Ramp project(SSO4-19).
02/19/08 Resolution No. 2008-60 adopted approving Amendment No. 2 with TY Lin
International to provide PSR/PR documents for the University Parkway/Interstate 215
Interchange Southbound Loop Entrance Ramp project (SSO4-19).
05/19/08 Resolution No. 2008-152 adopted approving Amendment No. 3 with TY Lin
International to provide PSR/PR documents for the University Parkway/Interstate 215
Interchange Southbound Loop Entrance Ramp project(SSO4-19).
07/06/09 Resolution No. 2009-199 adopted approving Amendment No. 4 with TY Lin
International to provide PSR/PR documents for the University Parkway/Interstate 215
Interchange Southbound Loop Entrance Ramp project(SSO4-19).
Updated: 8/28/2013 by Georgeann"Gig?Hanna Packet Pg. 189
5.K
2633
Background:
This project has been under development since the early 2000's and its purpose is to relieve
congestion on University Parkway for traffic turning left onto the southbound I-215 Freeway.
The City implemented an interim solution to the problem in 2004 by restriping University
Parkway to provide a double left turn for the southbound 1-215 on-ramp. This change helped,
but traffic still queues back to Kendall Drive during peak periods. Cost estimates for several
alternatives were prepared and a required Value Analysis was conducted in 2009. A loop ramp
for southbound 1-215 appears to be the most viable alternative and it could cost as much as
$24.6 million.
Because this project involves work on the State Highway System (SHS), it requires a Project
Study Report (PSR). A draft PSR was prepared by the City's Consultant, TY Lin International;
however, it could not be submitted to Caltrans without an agreement obligating the City to pay
for their related costs. A change in State policy now requires local agencies to reimburse
Caltrans for 100 percent of the cost for their oversight activities. With this change, Caltrans
developed a template for the required agreement and the PSR could not be submitted without
an agreement. While Caltrans was developing the agreement template, their policy changed to
require a new document called a Project Study Report - Project Development Support (PSR-
PDS).
This new document has a substantially different format and different requirements than the
PSR that was previously prepared. Although much of the previously collected information can
be used, it must be reformatted to comply with the new layout and some new information will
need to be added. A companion item is being submitted on this Agenda to amend the
Consultant Agreement with TY Lin International to prepare the new PSR-PDS.
Caltrans has submitted a Cooperative Agreement No. 08-1565 for oversight of the PSR-PDS
for University Parkway/Interstate 215 Interchange Freeway Interchange Improvements project
(SSO4-19). The Cooperative Agreement is attached to the Resolution as Exhibit "A." The
Agreement indicates a not-to-exceed cost of $98,000 and requires a $10,000 initial deposit.
Caltrans will bill the City periodically based on actual cost as the work progresses.
Staff anticipates that the PSR-PDS can be completed and approved by Caltrans by June 30, 2014.
Once approved, the City can proceed with the Project Report (PR) and environmental document.
These documents are expected to be completed in 2015. This will allow final design and right-of-
way acquisition to begin. Based on estimates provided by the Consultant and subject to
identification of funding, construction may start as early as 2017 and be completed by 2019.
Sufficient funding for the PSR-PDS phase is currently identified in the adopted FY 2013-14 City
budget under the Regional Circulation System Fee Fund(Fund 264).
City Attorney Review:
Supporting Documents:
Resolution (PDF)
agrmt 2633 (PDF)
Updated: 8/28/2013 by Georgeann"Gigi"Hanna Packet 0j`194
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING A COOPERATIVE AGREEMENT NO. 08-
3 1565 WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION c
(CALTRANS) FOR OVERSIGHT OF THE DEVELOPMENT OF THE PROJECT r
4 INITIATION DOCUMENT (PID) FOR UNIVERSITY PARKWAY/INTERSTATE 215
5 FREEWAY INTERCHANGE IMPROVEMENTS PROJECT (SSO4-19). o
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE E
7 CITY OF SAN BERNARDINO AS FOLLOWS:
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$ 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
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Transportation (Caltrans) for oversight of the development of the Project Initiation Document L
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1 (PID)for University Parkway/Interstate 215 Freeway Interchange Improvements Project(SSO4-19) in =
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the amount of $98,000.00 to provide oversight services for preparation of a Project Study
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Report/Project Development Support (PSR/PDS) for the University Parkway/Interstate 215 3
15 interchange loop entrance ramp project (SSO4-19); said Cooperative Agreement is attached
as
16 hereto as Exhibit"A"and incorporated herein.
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17 SECTION 2. The Director of Finance is hereby authorized and directed to issue a
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Purchase Order to the California Department of Transportation (Caltrans) for this work in the
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total amount of$98,000.00. o
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21 SECTION 3. The authorization to execute the above-referenced Cooperative
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22 Agreement is rescinded if it is not executed within ninety (90) days of the passage of this
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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 c
4 FREEWAY INTERCHANGE IMPROVEMENTS PROJECT(SSO4-19).
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor o
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6 and Common Council of the City of San Bernardino at a meeting E
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7 thereof,held on the day of , 2013,by the following vote, to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT L
10 MARQUEZ
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11 JENKINS
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VALDIVIA
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16 JOHNSON a
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19 Georgeann Hanna, City Clerk
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The foregoing resolution is hereby approved this day of ,2013. >
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23 Patrick J. Morris, Mayor
City of San Bernardino
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Approved as to form: E
25 JAMES F. PENMAN,
26 City Attorney a
27 By:
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EXHIBIT "A" o
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COOPERATIVE AGREEMENT o
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08-SBD-215-PM 11.63
Project Number: 0800000083
EA: OE420
Agreement No.08-1565
COOPERATIVE AGREEMENT
Project Study Report—Project Development Support (PSR-PDS)
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This Agreement,effective on is between the State of
California,acting through its Department of Transportation,referred to as CALTRANS, and:
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City of San Bernardino, a body politic and municipal corporation or chartered city of the 0
State of California,referred to hereinafter as CITY.
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RECITALS
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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 o
SHS and is referred to herein as PROJECT.
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3. PARTNERS acknowledge that this Agreement is only applicable for a Project Study
Report-Project Development Support(PSR-PDS)PID. 3
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4. California Government Code section 65086.5 mandates that CALTRANS review and
approve all PIDs developed by entities other than CALTRANS.
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5. CITY is willing to develop the PID and is willing to fund one hundred percent(100%)of °o
the PID's costs and fees, including costs to reimburse CALTRANS.If, in the future, �?
CALTRANS is allocated state fiords and Personnel Years(PYs)for PID review of this M
PROJECT,CALTRANS will agree to amend this Agreement to change the reimbursement N
arrangement for PID review. M
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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 E
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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. E
6. PARTNERS hereby set forth the terms,covenants,and conditions of this Agreement,under w
which they will complete the PID. a
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CROLES AND RESPONSIBILITIES Agreement No. 08-1565
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 2
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 o
elements marked with "N/A"on the SCOPE SUMMARY are not included within this
.................. .....___—._.,_.E��ze�ment._. o�llcm�nts_ 1 in the 'Qrlcplan Standards for the ,y.__ _._......_......... ..__
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of Capital Projects available at www.dot.ca. og v/hq/projmQmt/guidance.htm.
9. The PID shall be prepared in accordance with all State and Federal laws, regulations, N
policies,procedures,and standards that CALTRANS would normally follow if
CALTRANS was to prepare the PID.
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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. °
T._........, .._.'CITY,will�address the comments provided by CALTRANS.��If.ny inset rn rear eWs`ire y
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 FID 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 E
draft PID from CITY. Should CALTRANS require supporting data necessary to defend a
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 c
review period will be stalled during that time and will continue to run after CITY provides 0
the required data,
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12. CALTRANS will perform its review and approval in accordance with the provision of the N
current Project Development Procedures Manual. CALTRANS' review and approval will M
consist of performing independent quality assurance(IQA)to verify that quality N
control/quality assurance (QCIQA)meets department standards and determination that the E
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 ;a
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.
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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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MEL-
INVOICE AND PAYMENT Agreement No. 08-1565
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.
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16. The cost of any engineering support performed by CALTRANS will be charged according
to current law.
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17. -CALTRANS-will,in;voice:..CITY for a S 1.0,000 initial deposit after execution of this 0.
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Agreement and thirty(30)working days prior to the commencement of PROJECT
expenditures.
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18. Thereafter, CALTRANS will submit to CITY monthly invoices for estimated monthly
costs based on the prior month's expenditures. L
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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-oiinvoice as necessary iri t�rder toga iytlie financiarcommi Brits obis�- - n
Agreement.
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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.
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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 C.
issued from CALTRANS. 0
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22. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY M
will reimburse those funds. N
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23. Except as otherwise provided in this Agreement,PARTNERS will pay invoices within 30 N
calendar days of receipt of invoice.
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GENERAL CONDITIONS
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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 a
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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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. w
27. PARTNERS agree to consider alternatives to PROJECT scope and/or alignment,to the o
extent practicable, in an effort to avoid any known hazardous materials within the proposed 2
_,.._._............_...._..............._._____..PROJECT.limits—..._ _..... ..�_.....:._:..:.____,.._._.., Q
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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. N
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 M
be undertaken,HM MANAGEMENT ACTIVITIES related to HM-1 with minimum °
_............. .... ...................
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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. 3
31. Neither CITY nor any officer or employee thereof is responsible for any injury, damage,or E
liability occurring by reason of anything done or omitted to be done by CALTRANS and/or L
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 o
extent permitted by law,will defend,indemnify, and save harmless CITY and all of its v
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 N
done or omitted to be done by CALTRANS and/or its agents under this Agreement. M
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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 a,
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 W
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 a
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"(sectionl720(a)),that CITY
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Agreement;No.08-15.65
will conform to sections 1720-181.5 of the California Labor Code and.all applicable
regulations and coveFage deterininations issued by the Director of Industrial Relations.
34. This Agreement is intertded'to be PARTNERS' final expression and supersedes all prior
ora understanding pertaining to PROJECT.
35: *This Agreement will terminate ISO days after PID is sign0 lSy PAR2TNERS or as mutually
agreed by PARTNERS in writing. However,all.indcnnxiifctttion articles will remain in
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ffect until terminated or modified in.writing.by mutual agreement. a
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DEFINITIONS Agreement No.08-1565
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 0
including,without limitation,any necessary manifest requirements and disposal facility
designations...____............. _.. —- . ._.__._._._......,._..............w...,-4-1- ....., _-....._......_......_..... ...... _.._._-..._...- _........ .........-...... �
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PARTNER-Any individual signatory party to this Agreement. Ln
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PARTNERS-The term that collectively references all of the signatory agencies to this w
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.
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-- Cf�PE [�M1tiIAR�Y- a e W comm - 1 esys p onsient in whch eac l �es biti v
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for the completion of specific work elements as outlined by the Guide to Capital Project L
Delivery Workplan Standards(previously known as WBS Guide)available at
hqp•//www.dot ca.goy/Iaq/projmgmt/ uidance.htm. - -_
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CONTACT INFORMATION Agreement No. 08-1565
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: .0
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John Pagano,Planning Manager
464 West Fourth Street
San Bernardino,CA 92401-1400 0 2
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Office Phone: (909)383-5921 M
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Email:johq_pagano@dot.ca.gov Ln
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The primary Agreement contact person for CITY is:
Robert Eisenbeisz.,City Engineer 2
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
...................... DEPARTMLNl'OF TRANSPOR: ArIQN . ._ ..............................._......
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By By:
Basem E.Muallem,P.E. Allen Parker >
District Director City Manager
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Approved as to Form:
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Certified as to funds: R
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ity Attorney
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Lisa Pacheco
District Budget Manager Q
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SCOPE SUMMARY Agreement No. 08-1565
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0.I 00.05.05.xx-Risk Management Plan X
0.1 00.05.05.xx-Communication flan x .0
0.100,05.10.xx-Cooperative Agreement for PA&ED Phase X v
0.100.05.10.xx-Independent ualit Assurance(I QA) X
0.100.05.10.xx-Project Development Team Meetings X X °
1.150.05 05,-Review of,Existin Re,-orts Studies qt
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1,150.05.05.xx-Provision of Existing Reports,Data, Studies, and Mapping X
1.150.05.10-Geological Hazards Review R LO
1.150.05.10.xx-Provision of Existin g Geological Information X
1.150.05.15 -Utility Search X
1.150.05.15.xx-Provision of Existing Utilit
y Information X L
1.150.05.20 -Environmental Constraints Identification X
1.1.50.05.20.xx-Provision of Environmental Constraints Information X E
1.1.50.05.25 -Traffic Forecasts/Modeling-Traffic Engineering Performance X o
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 Ma ing X U
1.150.05.35-Problem Definition X
1.150.05.45 -As-Built Centerline and Existing Right of Way3
X ...
1.150.05.xx-Provision of Existin District Geotechnical Information X
1.150.10.05 -Public/Local AgencX In ut X d
1.150.15.05 -Right of Way Data Sheets X
1.150.15.10-Utility Relocation Requirements Assessment X a
1.150.15.15 -Railroad Involvement Determination X o
1,150.15.25-Prelimina Materials Re ort X U
1.150.15.35 -Multimodal Review X M
1.150.15.40-H draulic Review X to
1.150.15.50-Traffic Studies N
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1..150.15.55-Construction Estimates X
1.150.20.05-Initial Noise Study X N
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1.150.20.10-Hazardous Waste Initial Site Assessment g E
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 Stud
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1.150.25.05 Draft PID a
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1.150.25.20-PID Circulation,Review,and A roval X
1.150.25.25 -Storm Water Data Re ort X
1.150.35 -Required Permits During PID Development X
(Moe1.150.40-Permit Identification During PID Develo ment X
1..150.45 -Base Maps and Plan Sheets for PID X
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EXHIBIT A Agreement No. 08-1565
Beginning in Fiscal Year 2012-13,the California Department of Transportation shall exempt
Project Initial Document development and oversight services reimbursed from local govemment
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, o
2012 and as shown in Chapter 603, amending item 2660-001-0042 of Section 2.00 of the State g
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Packet Pg.203