HomeMy WebLinkAboutItem No. 08 Agreement CA Caltrans, RCTCText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-593
Agenda Date: 3/27/2018 Status: Consent AgendaVersion: 1
File Type: AgreementIn Control: City Council / Successor Agency
Agenda Number: 8)
Page 1 City of Lake Elsinore Printed on 3/22/2018
Page 1 of 2
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared By: Brad Fagrell, City Engineer
Date:March 27, 2018
Subject:Cooperative Agreement No. 18-72-027-00 between Caltrans, Riverside
County Transportation Commission (RCTC), and the City of Lake Elsinore
for Interstate 15/Railroad Canyon Road Interchange Project
Recommendation
Approve the attached Agreement No. 18-72-027-00, with Caltrans and Riverside County
Transportation Commission (RCTC) for the modification to the Interstate 15/Railroad Canyon
Road Interchange project.
Background
This agreement will establish the roles and responsibilities of the three (3) agencies involved in
the Interstate 15/Railroad Canyon Road Interchange project delivery.
A Sponsor is responsible for establishing the scope of a project and securing the financial
resources to fund the work. A Sponsor is responsible for securing additional funds when
necessary or implementing project changes to ensure the work can be completed with the funds
obligated in this agreement. The City is the Sponsor for the work in this agreement. The City
agrees to be responsible for one hundred (100%) percent of all project support and capital
costs.
The Implementing Agency is the party responsible for managing the scope, cost, schedule, and
quality of the work activities and products of a project component. RCTC is the Plans,
Specifications, and Estimate (PS&E) Implementing Agency. RCTC is also the Right-of-Way
Implementing Agency.
Caltrans, as the owner/operator of the State Highway System, will perform quality management
work including independent quality assurance (IQA) and owner/operator approvals for the
portions of work within the existing and proposed State Highway System right-of-way. Caltrans
is the CEQA and NEPA Lead Agency for the project.
Cooperative Agreement I15/RR CNY Caltrans, RCTC
Page 2 of 2
Discussion
Parties will not be reimbursed for costs beyond the funds obligated in this agreement. If the
Implementing Agency anticipates that funding for the work will be insufficient to complete the
work, the Implementing Agency will promptly notify the Sponsor.
Parties will manage the work schedule to ensure the timely use of obligated funds and to ensure
compliance with any environmental permits, right-of-way agreements, construction contracts,
and any other commitments. Parties will communicate schedule risks or changes as soon as
they are identified and will actively manage and mitigate schedule risks. The Implementing
Agency for each project component will furnish the parties with a final report of the work
completed.
Fiscal Impact
No additional fiscal impact, just establishing the roles and responsibilities of the three (3)
agencies involved in the Interstate 15/Railroad Canyon Road Interchange project delivery.
Exhibits
A – Cooperative Agreement
Agreement 08-1657
Project No. 0800000016
EA OA441
08-RIV-15-18.3/21.0
Agreement No. 18-72-027-00
COOPERATIVE AGREEMENT
This AGREEMENT, effective on , is between the State of
California, acting through its Department of Transportation, referred to as CALTRANS, and:
Riverside County Transportation Commission, a public corporation/entity, referred to
hereinafter as RCTC and
City of Lake Elsinore, a body politic and municipal corporation or chartered city of the State of
California, referred to hereinafter as CITY.
RECITALS
I. PARTIES are authorized to enter into a cooperative agreement for improvements to the State
Highway System per the California Streets and Highways Code sections 114 and 130.
2. For the purpose of this AGREEMENT, Modify existing Interstate I5/Railroad Canyon Road
Interchange (Phase 1) in the city of Lake Elsinore will be referred to hereinafter as PROJECT.
The PROJECT scope of work is defined in the project initiation and approval documents (e.g.
Project Study Report, Permit Engineering Evaluation Report, or Project Report).
3. All obligations and responsibilities assigned in this AGREEMENT to complete the following
PROJECT COMPONENTS will be referred to hereinafter as WORK:
e PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
• RIGHT-OF-WAY
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a
distinct group of activities/products in the project planning and development process.
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4. The term AGREEMENT, as used herein, includes this document and any attachments,
exhibits, and amendments.
This AGREEMENT is separate from and does not modify or replace any other cooperative
agreement or memorandum of understanding between the PARTIES regarding the PROJECT.
PARTIES intend this AGREEMENT to be their final expression that supersedes any oral
understanding or writings pertaining to the WORK. The requirements of this AGREEMENT
will preside over any conflicting requirements in any documents that are made an express part
of this AGREEMENT.
If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or
are in fact, illegal, inoperative, or unenforceable, those provisions do not render any of all other
AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be
automatically severed from this AGREEMENT.
Except as otherwise provided in the AGREEMENT, PARTIES will execute a written
amendment if there are any changes to the terms of this AGREEMENT.
PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.
However, all indemnification, document retention, audit, claims, environmental commitment,
legal challenge, maintenance and ownership articles will remain in effect until terminated or
modified in writing by mutual agreement or expire by the statute of limitations.
5. The following work associated with this PROJECT has been completed or is in progress:
+ CALTRANS approved the Mitigated Negative Declaration on July 7, 2017 (Cooperative
Agreement No. 1416).
• CALTRANS approved the Finding of No Significant Impact on July 7, 2017
(Cooperative Agreement No. 1416).
6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.
7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.
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RESPONSIBILITIES
Sponsorship
Agreement 08-1657
Project No. 0800000016
8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the
financial resources to fund the WORK. A SPONSOR is responsible for securing additional
funds when necessary or implementing PROJECT changes to ensure the WORK can be
completed with the funds obligated in this AGREEMENT.
PROJECT changes, as described in the CALTRANS Project Development Procedures Manual,
will be approved by CALTRANS as the owner/operator of the State Highway System.
9. CITY is the SPONSOR for the WORK in this AGREEMENT. CITY agrees to be responsible
for one hundred (100%) percent of all PROJECT support and capital costs.
Implementins Auncy
10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost,
schedule, and quality of the work activities and products of a PROJECT COMPONENT.
• RCTC is the Plans, Specifications, and Estimate (PS&E) IMPLEMENTING AGENCY.
PS&E includes the development of the plans, specifications, and estimate; obtaining any
resource agency permits; and the advertisement/award of the construction contract.
■ RCTC is the RIGHT OF WAY IMPLEMENTING AGENCY
RIGHT OF WAY includes coordination with utility owners for the protection, removal,
or relocation of utilities; the acquisition of right-of-way interests; and post -construction
work such as right-of-way monumentation/recordation, relinquishments/vacations, and
excess land transactions. The RIGHT OF WAY component budget identifies the cost of
the capital costs of right-of-way acquisition (RIGHT OF WAY Capital) and the cost of
the staff work in support of the acquisition (RIGHT OF WAY Support).
11. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will provide a Quality
Management Plan (QMP) for the WORK in that component. The Quality Management Plan
describes the IMPLEMENTING AGENCY's quality policy and how it will be used. The
Quality Management Plan will include a process for resolving disputes between the PARTIES
at the team level. The Quality Management Plan is subject to CALTRANS review and
approval.
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12. Any PARTY responsible for completing WORK will make its personnel and consultants that
prepare WORK available to help resolve WORK -related problems and changes for the entire
duration of the PROJECT including PROJECT work that may occur under separate
agreements.
Funding
13. Funding sources, PARTIES committing funds, funding amounts, and invoicing/payment
details are documented in the Funding Summary section of this AGREEMENT.
PARTIES will amend this AGREEMENT by updating and replacing the Funding Summary, in
its entirety, each time the funding details change. Funding Summary replacements will be
executed by a legally authorized representative of the respective PARTIES. The most current
fully executed Funding Summary supersedes any previous Funding Summary created for this
AGREEMENT.
14. PARTIES will not be reimbursed for costs beyond the funds obligated in this AGREEMENT.
If an IMPLEMENTING AGENCY anticipates that funding for the WORK will be insufficient
to complete the WORK, the IMPLEMENTING AGENCY will promptly notify the
SPONSOR.
15. Unless otherwise documented in the Funding Summary, overall liability for project costs
within a PROJECT COMPONENT will be in proportion to the amount contributed to that
PROJECT COMPONENT by each fund type.
16. Unless otherwise documented in the Funding Summary, any savings recognized within a
PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in
proportion to the amount contributed to that PROJECT COMPONENT by each fund type.
17. WORK costs, except those that are specifically excluded in this AGREEMENT, are to be paid
from the funds obligated in the Funding Summary. Costs that are specifically excluded from
the funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs
from funds that are independent of this AGREEMENT.
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CALTRANS' Quality Management
18. CALTRANS, as the owner/operator of the State Highway System, will perform quality
management work including independent quality assurance (IQA) and owner/operator
approvals for the portions of WORK within the existing and proposed State Highway System
right-of-way.
19. CALTRANS' independent quality assurance (IQA) efforts are to ensure that RCTC's quality
assurance results in WORK that is in accordance with the applicable standards and the
PROJECT's quality management plan (QMP). An IQA does not include any efforts necessary
to develop or deliver WORK or any validation by verifying or rechecking WORK.
When CALTRANS performs IQA it does so for its own benefit. No one can assign liability to
CALTRANS due to its IQA.
20. CALTRANS, as the owner/operator of the State Highway System, will approve WORK
products in accordance with CALTRANS policies and guidance and as indicated in this
AGREEMENT.
21. RCTC will provide WORK -related products and supporting documentation upon
CALTRANS' request for the purpose of CALTRANS' quality management work.
CEUA/NEPA Lead Azeney
22. CALTRANS is the CEQA Lead Agency for the PROJECT.
23. CALTRANS is the NEPA Lead Agency for the PROJECT.
Environmental Permits A2provals and Agreements
24. PARTIES will comply with the commitments and conditions set forth in the environmental
documentation, environmental permits, approvals, and applicable agreements as those
commitments and conditions apply to each PARTIES responsibilities in this AGREEMENT.
25. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a
PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated
with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits,
agreements, and approvals whether they are identified in the planned project scope of work or
become necessary in the course of completing the PROJECT.
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26. The PROJECT requires the following environmental permits/approvals:
ENVIRONMENTAL PERMITS/REQUIREMENTS
National Pollutant Discharge Elimination System (NPDES), State Water Resources Control
Board
1401, Regional Water Quality Control Board j
Plans Specifications, and Estimate PS&E
27. As the PS&E IMPLEMENTING AGENCY, RCTC is responsible for all PS&E WORK except
those activities and responsibilities that are assigned to another PARTY and those activities
that are excluded under this AGREEMENT.
28. CALTRANS will be responsible for completing the following PS&E activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable) AGREEMENT
Funded Cost
100.15.1O.xx Quality Management
255.15 Environmental Re-evaluation
29. RCTC will prepare Utility Conflict Maps identifying the accommodation, protection,
relocation, or removal of any existing utility facilities that conflict with construction of the
PROJECT or that violate CALTRANS' encroachment policy.
RCTC will provide CALTRANS a copy of Utility Conflict Maps for CALTRANS'
concurrence prior to issuing the Notices to Owner and executing the Utility Agreement. All
utility conflicts will be addressed in the PROJECT plans, specifications, and estimate.
30. RCTC will determine the cost to positively identify and locate, accommodate, protect, relocate,
or remove any utility facilities whether inside or outside the State Highway System right-of-
way in accordance with federal and California laws and regulations, and CALTRANS'
policies, procedures, standards, practices, and applicable agreements including but not limited
to Freeway Master Contracts.
31. At the submittal of all PS&E packages, plans will be submitted in Micro station DGN format,
version 7.0 or later. DGN file will be in addition to the number of hardcopies required for each
PS&E package review.
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32. CALTRANS will not issue the Acceptance of Final Plans, Specifications, and Estimate to
RCTC until the following conditions are met:
• Any new or amended Maintenance Agreement required for the WORK are executed.
• Any new or amended Freeway Agreement required for the WORK are executed.
RIGHT-OF-WAY
33. As the RIGHT-OF-WAY IMPLEMENTING AGENCY, RCTC is responsible for all RIGHT-
OF-WAY WORK except those activities and responsibilities that are assigned to another
PARTY and those activities that are excluded under this AGREEMENT.
34. CALTRANS will be responsible for completing the following RIGHT-OF-WAY activities:
35. The selection of personnel performing RIGHT-OF-WAY WORK will be in accordance with
federal and California laws and regulations, and CALTRANS' policies, procedures, standards,
practices, and applicable agreements.
36. RCTC will make all necessary arrangements with utility owners for the timely accommodation,
protection, relocation, or removal of any existing utility facilities that conflict with construction
of the PROJECT or that violate CALTRANS' encroachment policy.
37. RCTC will provide CALTRANS a copy of conflict maps, relocation plans, proposed notices to
owner, reports of investigation, and utility agreements (if applicable) for CALTRANS'
concurrence prior to issuing the notices to owner and executing the utility agreement. All
utility conflicts will be fully addressed prior to Right -of -Way Certification and all
arrangements for the protection, relocation, or removal of all conflicting facilities will be
completed prior to construction contract award and included in the PROJECT plans,
specifications, and estimate.
3 8. RCTC will provide a land surveyor licensed in the State of California to be responsible for
surveying and right-of-way engineering. All survey and right-of-way engineering documents
will bear the professional seal, certificate number, registration classification, expiration date of
certificate, and signature of the responsible surveyor.
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AGREEMENT
CALTRANS Work Breakdown Structure Identifier (If Applicable)
Funded Cost
100.25.10.xx Quality Management
No
35. The selection of personnel performing RIGHT-OF-WAY WORK will be in accordance with
federal and California laws and regulations, and CALTRANS' policies, procedures, standards,
practices, and applicable agreements.
36. RCTC will make all necessary arrangements with utility owners for the timely accommodation,
protection, relocation, or removal of any existing utility facilities that conflict with construction
of the PROJECT or that violate CALTRANS' encroachment policy.
37. RCTC will provide CALTRANS a copy of conflict maps, relocation plans, proposed notices to
owner, reports of investigation, and utility agreements (if applicable) for CALTRANS'
concurrence prior to issuing the notices to owner and executing the utility agreement. All
utility conflicts will be fully addressed prior to Right -of -Way Certification and all
arrangements for the protection, relocation, or removal of all conflicting facilities will be
completed prior to construction contract award and included in the PROJECT plans,
specifications, and estimate.
3 8. RCTC will provide a land surveyor licensed in the State of California to be responsible for
surveying and right-of-way engineering. All survey and right-of-way engineering documents
will bear the professional seal, certificate number, registration classification, expiration date of
certificate, and signature of the responsible surveyor.
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39. Acquisition of right-of-way will not occur prior to the approval of the environmental document
without written approval from the CEQA Lead Agency.
40. RCTC certifies that it is authorized to hear and, if appropriate, adopt Resolutions of Necessity
for PROJECT. RCTC agrees to be responsible for hearing and adopting Resolutions of
Necessity for PROJECT.
RCTC will conduct and document the functional equivalent of Condemnation Evaluation and
Condemnation Panel Review meetings as required in accordance with CALTRANS policy and
guidance. CALTRANS will be notified in advance of any Condemnation Panel Review
meetings.
41. If RCTC acquires any right-of-way to be incorporated into the State Highway System, RCTC
will first acquire in its own name.
If CALTRANS acquires any right-of-way, CALTRANS will first acquire in RCTC's name.
Title to the State Highway System right-of-way will ultimately be vested in the State.
CALTRANS' acceptance of title will occur after the Right of Way Closeout activities are
complete.
42. RCTC will utilize a public agency currently qualified by CALTRANS or a properly licensed
- consultant for all right-of-way activities. A qualified right-of-way agent will administer all
right-of-way consultant contracts.
RCTC will submit a draft Right -of -Way Certification to CALTRANS six weeks prior to the
scheduled Right -of -Way Certification milestone date for review.
RCTC will submit a final Right -of -Way Certification to CALTRANS for approval prior to the
advertising the construction contract.
43. Physical and legal possession of the right-of-way must be completed prior to advertising the
construction contract, unless PARTIES mutually agree to other arrangements in writing.
44. CALTRANS' acceptance of right-of-way title is subject to review of an Updated Preliminary
Title Report provided by RCTC verifying that the title is free of all encumbrances and liens,
except as to those items which CALTRANS agrees are not in conflict with CALTRANS use
for highway purposes. Upon acceptance, RCTC will provide CALTRANS with a Policy of
Title Insurance in CALTRANS' name.
45. Right-of-way conveyances must be completed prior to WORK completion unless PARTIES
mutually agree to other arrangements in writing.
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Schedule
46. PARTIES will manage the WORK schedule to ensure the timely use of obligated funds and to
ensure compliance with any environmental permits, right-of-way agreements, construction
contracts, and any other commitments. PARTIES will communicate schedule risks or changes
as soon as they are identified and will actively manage and mitigate schedule risks.
47. The IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTIES
with.a final report of the WORK completed.
Additional Provisions
Standards
48. PARTIES will perform all WORK in accordance with applicable federal and California laws,
regulations, and standards; applicable FHWA standards; and applicable CALTRANS
standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
• CALTRANS policies and directives
■ Project Development Procedures Manual (PDPM)
• Workplan Standards Guide
• Standard Environmental Reference
• Highway Design Manual
• Right of Way Manual
NoncoMpliant Work
49. CALTRANS retains the right to reject noncompliant WORK. RCTC agrees to suspend
WORK upon request by CALTRANS for the purpose of protecting public safety, preserving
property rights, and ensuring that all WORK is in the best interest of the State Highway
System.
Qualifications
50. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or
licensed to perform the tasks assigned to them.
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Consultant Selection
51. RCTC will invite CALTRANS to participate in the selection of any consultants that participate
in the WORK. CALTRANS recognizes that, prior to the date of this AGREEMENT, RCTC
has procured certain on-call consultant contracts for the following services: environmental,
right of way engineering, appraisal, appraisal review, acquisition and relocation services.
Notwithstanding the foregoing, RCTC shall be entitled to utilize these existing on-call
contracts for performance of the WORK. Upon request, RCTC shall forward to Caltrans
applicable documentation on selection process utilized and copies of executed contracts for
consultants already under contract with RCTC.
Encroachment Permits
52. CALTRANS will issue, upon proper application, the encroachment permits required for
WORK within State Highway System right-of-way. Contractors and/or agents, and utility
owners will not work within the State Highway System right-of-way without an encroachment
permit issued in their name. CALTRANS will provide encroachment permits to PARTIES,
their contractors, consultants and agents at no cost. If the encroachment permit and this
AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
53. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare,
obtain, implement, renew, and amend any encroachment permits needed to complete the
WORK.
Protected Resources
54. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other
protected resources during WORK, all WORK in that area will stop and that PARTY will
notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified
professional has evaluated the nature and significance of the discovery and CALTRANS
approves a plan for its removal or protection.
Disclosures
55. PARTIES will hold all administrative drafts and administrative final reports, studies, materials,
and documentation relied upon, produced, created, or utilized for the WORK in confidence to
the extent permitted by law and where applicable, the provisions of California Government
Code section 6254.5(e) will protect the confidentiality of such documents in the event that said
documents are shared between PARTIES.
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PARTIES will not distribute, release, or share said documents with anyone other than
employees, agents, and consultants who require access to complete the WORK without the
written consent of the PARTY authorized to release them, unless required or authorized to do
so by law.
56. If a PARTY receives a public records request pertaining to the WORK, that PARTY will
notify PARTIES within five (5) working days of receipt and make PARTIES aware of any
disclosed public documents. PARTIES will consult with each other prior to the release of any
public documents related to the WORK.
Hazardous Materials
57. HM -1 is hazardous material (including, but not limited to, hazardous waste) that may require
removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by
the PROJECT or not.
HM -2 is 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 the PROJECT.
The management activities related to HM -1 and HM -2, including and without limitation, any
necessary manifest requirements and disposal facility designations are referred to herein as
HM -1 MANAGEMENT and HM -2 MANAGEMENT respectively.
58. If HM -1 or HM -2 is found the discovering PARTY will immediately notify all other
PARTIES.
59. CALTRANS, independent of the PROJECT, is responsible for any HM -1 found within the
existing State Highway System right-of-way. CALTRANS will undertake, or cause to be
undertaken, HM -1 MANAGEMENT with minimum impact to the PROJECT schedule.
CALTRANS will pay, or cause to be paid, the cost of HM -1 MANAGEMENT for HM -1
found within the existing State Highway System right-of-way with funds that are independent
of the funds obligated in this AGREEMENT.
60. If HM -1 is found within the PROJECT limits and outside the existing State Highway System
right-of-way, responsibility for such HM -1 rests with the owner(s) of the parcel(s) on which
the HM -1 is found. RCTC, in concert with the local agency having land use jurisdiction, will
ensure that HM -1 MANAGEMENT is undertaken with minimum impact to Project schedule.
The cost of HM -1 MANAGEMENT for HM -1 found within the PROJECT limits and outside
the existing State Highway System right-of-way will be paid from funds that are independent
of the funds obligated in this AGREEMENT and will be the responsibility of the owner(s) of
the parcel(s) where the HM -1 is located.
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61. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM -2
MANAGEMENT within the PROJECT limits.
62. 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.
Claims
63. Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle,
or litigate claims arising from the WORK without concurrence from the other PARTY.
64. PARTIES will confer on any claim that may affect the WORK or PARTIES' liability or
responsibility under this AGREEMENT in order to retain resolution possibilities for potential
future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES
confer on the claim.
65. If the WORK expends state or federal funds, each PARTY will comply with the federal
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to
participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31.
When state or federal funds are expended on the WORK these principles and requirements
apply to all funding types included in this AGREEMENT.
Accounting and Audits
66. PARTIES will maintain, and will ensure that any consultant hired by PARTIES to participate
in WORK will maintain, a financial management system that conforms to Generally Accepted
Accounting Principles (GAAP), and that can properly accumulate and segregate incurred
PROJECT costs and billings.
67. PARTIES will maintain and make available to each other all WORK -related documents,
including financial data, during the term of this AGREEMENT.
PARTIES will retain all WORK -related records for three (3) years after the final voucher.
PARTIES will require that any consultants hired to participate in the WORK will comply with
this Article.
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68. PARTIES have the right to audit each other in accordance with generally accepted
governmental audit standards.
CALTRANS, the state auditor, FHWA (if the PROJECT utilizes federal funds), and RCTC
will have access to all WORK -related records of each PARTY, and any consultant hired by a
PARTY to participate in WORK, for audit, examination, excerpt, or transcription.
The examination of any records will take place in the offices and locations where said records
are generated and/or stored and will be accomplished during reasonable hours of operation.
The auditing PARTY will be permitted to make copies of any WORK -related records needed
for the audit.
The audited PARTY will review the draft audit, findings, and recommendations, and provide
written comments within thirty (30) calendar days of receipt.
Upon completion of the final audit, PARTIES have forty-five (45) calendar days to refund or
invoice as necessary in order to satisfy the obligation of the audit.
Any audit dispute not resolved by PARTIES is subject to mediation. Mediation will follow the
process described in the General Conditions section of this AGREEMENT.
69. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in
accordance with the Single Audit Act in the federal Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.
70. When a PARTY reimburses a consultant for WORK with state or federal funds, the
procurement of the consultant and the consultant overhead costs will be in accordance with
Chapter 10 of the Local Assistance Procedures Manual.
lntet•i•uption of Work
71. If WORK stops for any reason, each PARTY will continue to implement the obligations of this
AGREEMENT, including the commitments and conditions included in the environmental
documentation, permits, agreements, or approvals that are in effect at the time that WORK
stops, and will keep the PROJECT in environmental compliance until WORK resumes.
Penalties Jud ements and Settlements
72. The cost of awards, judgments, or settlements generated by the WORK are to be paid from the
funds obligated in this AGREEMENT.
73. The cost of legal challenges to the environmental process or documentation may be paid from
the funds obligated in this AGREEMENT.
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74. Any PARTY who action or lack of action causes the levy of fines, interest, or penalties will
indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.
Environmental Compliance
75. If during performance of WORK additional activities or environmental documentation is
necessary to keep the PROJECT in environmental compliance, PARTIES will amend this
AGREEMENT to include completion of those additional tasks.
GENERAL CONDITIONS
Venue
76. PARTIES understand that this AGREEMENT is in accordance with and governed by the
Constitution and laws of the State of California. This AGREEMENT will be enforceable in the
State of California. Any PARTY initiating legal action arising from this AGREEMENT will
file and maintain that legal action in the Superior Court of the county in which the
CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior
Court of the county in which the PROJECT is physically located.
Exemptions
77. All CALTRANS' obligations under this AGREEMENT are subject to the appropriation of
resources by the Legislature, the State Budget Act authority, and the allocation of funds by the
California Transportation Commission.
Indemnification
78. Neither CALTRANS, CITY nor any of their respective officers and employees, are responsible
for any injury, damage, or liability occurring by reason of anything done or omitted to be done
by RCTC, its contractors, sub -contractors, and/or its agents under or in connection with any
work, authority, or jurisdiction conferred upon RCTC under this AGREEMENT. It is
understood and agreed that RCTC, to the extent permitted by law, will defend, indemnify, and
save harmless CALTRANS, CITY and all of their respective officers and employees from all
claims, suits, or actions of every name, kind, and description brought forth under, but not
limited to, tortious, contractual, inverse condemnation, or other theories and assertions of
liability occurring by reason of anything done or omitted to be done by RCTC, its contractors,
sub -contractors, and/or its agents under this AGREEMENT.
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79. Neither CALTRANS, RCTC nor any of their respective officers and employees, are
responsible for any injury, damage, or liability occurring by reason of anything done or omitted
to be done by CITY, its contractors, sub -contractors, and/or its agents under or in connection
with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is
understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and
save harmless CALTRANS, RCTC and all of their respective officers and employees from all
claims, suits, or actions of every name, kind, and description brought forth under, but not
limited to, tortious, contractual, inverse condemnation, or other theories and assertions of
liability occurring by reason of anything done or omitted to be done by CITY, its contractors,
subcontractors, and/or its agents under this AGREEMENT.
80. Neither RCTC, CITY nor any of their respective officers and employees, are responsible for
any injury, damage, or liability occurring by reason of anything done or omitted to be done by
CALTRANS, its contractors, sub -contractors, and/or its agents under or in connection with any
work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is
understood and agreed that CALTRANS, to the extent permitted by law, will defend,
indemnify, and save harmless RCTC, CITY and all of their respective officers and employees
from all claims, suits, or actions of every name, kind, and description brought forth under, but
not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of
liability occurring by reason of anything done or omitted to be done by CALTRANS, its
contractors, sub -contractors, and/or its agents under this AGREEMENT.
Nan -parties
81. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties,
obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend
this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling
the WORK different from the standards imposed by law.
82. PARTIES will not assign or attempt to assign obligations to PARTIES not signatory to this
AGREEMENT without an amendment to this AGREEMENT.
Ambiguity and Performance
83. RCTC and CITY will not interpret any ambiguity contained in this AGREEMENT against
CALTRANS. RCTC and CITY waives the provisions of California Civil Code section 1654.
A waiver of a PARTY's performance under this AGREEMENT will not constitute a
continuous waiver of any other provision.
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Agreement 08-1657
Project No. 0800000016
84. A delay or omission to exercise a right or power due to a default does not negate the use of that
right or power in the future when deemed necessary.
Defaults
85. If any PARTY defaults in its performance of the WORK, a non -defaulting PARTY will request
in writing that the default be remedied within thirty (30) calendar days. If the defaulting
PARTY fails to do so, the non -defaulting PARTY may initiate dispute resolution.
Dispute Resolution
86. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as
described in the Quality Management Plan. If they cannot resolve the dispute themselves, the
CALTRANS district director and the executive officer of RCTC will attempt to negotiate a
resolution. If PARTIES do not reach a resolution, PARTIES' legal counsel will initiate
mediation. PARTIES agree to participate in mediation in good faith and will share equally in
its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely
performance of the WORK in accordance with the terms of this AGREEMENT. However, if
any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to
ensure that the WORK continues.
Except for equitable relief, no PARTY may file a civil complaint until after mediation, or
forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the
CALTRANS district office signatory to this AGREEMENT resides or in the Superior Court of
the county in which the PROJECT is physically located.
87. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a
previously selected remedy does not achieve resolution.
Prevailing Wage
88. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is
construction, alteration, demolition, installation, or repair; or maintenance work under Labor
Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all
applicable provisions of California Code of Regulations found in Title 8, Division 1, Chapter 8,
Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts
for public work and require contractors to include the same prevailing wage requirements in all
subcontracts.
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Agreement 08-1657
Project No. 0800000016
Work performed by a PARTY'S own employees is exempt from the Labor Code's Prevailing
Wage requirements.
If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to
federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis -
Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.
When applicable, PARTIES will include federal prevailing wage requirements in contracts for
public works. WORK performed by a PARTY's employees is exempt from federal prevailing
wage requirements.
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Agreement 08-1657
Project No. 0800000016
DEFINITIONS
PARTY — Any individual signatory party to this AGREEMENT.
PARTIES — The term that collectively references all of the signatory agencies to this
AGREEMENT.
WORK BREAKDOWN STRUCTURE (WBS) — A WBS is a standardized hierarchical listing of
project work activities/products in increasing levels of detail. The CALTRANS WBS defines
each PROJECT COMPONENT as a group of work activities/products. The CALTRANS
Work Breakdown Structure is defined in the CALTRANS Workplan Standards Guide.
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Agreement 08-1657
Project No. 0800000016
SIGNATURES
PARTIES are empowered by California Streets and Highways Code 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 AGREEMENT.
Signatories may execute this AGREEMENT through individual signature pages provided that each
signature is an original. This AGREEMENT is not fully executed until all original signatures are
attached.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
John Bulinski
District Director
VERIFICATION OF FUNDS AND
AUTHORITY:
Mary Risaliti
District Budget Manager
APPROVED S Tr AND
PROCEDUR
Meera Danday
Deputy Attorney
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
n� 4 JA�:
A e N&yer
Executive Director --r
RM AND PROCEDURE:
Best,
CITY OF LAKE ELSINORE
Grant Yates
City Manager
APPROVED AS TO FORM AND PROCEDURE:
David Mann
City Attorney
19 of 19
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FUNDING SUMMARY No. 01
Funding:
AGREEMENT 08 - 1657
Project No. 0800000016
1. If there are insufficient funds available in this AGREEMENT to place the PROJECT right-
of-way in a safe and operable condition, CITY will fund these activities until such time as
PARTIES amend this AGREEMENT.
That IMPLEMENTING AGENCY may request reimbursement for these costs during the
amendment process.
ICRP Rate
2. The cost of any engineering support performed by CALTRANS includes all direct and
applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of
funds used to pay support costs. State and federal funds administered by CALTRANS are
subject to the current Program Functional Rate. All other funds are subject to the current
Program Functional Rate and the current Administration Rate. The Program Functional
Rate and Administration Rate are adjusted periodically.
3. If the WORK is funded with state or federal funds, any PARTY seeking CALTRANS
reimbursement of indirect costs must submit an indirect cost rate proposal and central
service cost allocation plan (if any) in accordance with 2 CFR; Part 200 and Chapter 5 of
the Local Assistance Procedures Manual. These documents are to be submitted annually to
CALTRANS' Audits and Investigations for review and acceptance prior to CALTRANS'
reimbursement of indirect costs.
4. Travel, per diem, and third -party contract reimbursements for WORK are to be paid from
the funds in this AGREEMENT only after the contractor performs the work and incurs said
costs.
Payments for travel and per diem will not exceed the rates paid rank and file state
employees under current California Department of Personnel Administration (DPA) rules
current at the effective date of this AGREEMENT.
If RCTC invoices for rates in excess of DPA rates, RCTC will fund the cost difference and
reimburse CALTRANS for any overpayment.
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AGREEMENT 08 - 1657
Project No. 0800000016
Invoicing and Pay_nnent
5. PARTIES will invoice for funds where the SPENDING SUMMARY shows that one
PARTY provides funds for use by another PARTY. PARTIES will pay invoices within
forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds
Transfer (EFT). When paying with EFT, RCTC will pay invoices within five (5) calendar
days of receipt of invoice.
6. If RCTC has received EFT certification from CALTRANS then RCTC will use the EFT
mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS.
Plans S eei ications and Estimate PS&E
7. No invoicing or reimbursement will occur for the PS&E PROJECT COMPONENT.
RIGHT-OF-WAY SuMort
8. No invoicing or reimbursement will occur for the R/W SUPPORT PROJECT
COMPONENT.
RIGHT -OF- W,4 Y Capital
9. No invoicing or reimbursement will occur for the R/W CAPITAL PROJECT
COMPONENT.
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