HomeMy WebLinkAboutItem No. 10 Cooperative Agreement State of California Department of Transportation I-15 State Route 74 Central Ave. Interchange10)Cooperative Agreement Between the State of California Department of
Transportation and the City of Lake Elsinore for Interstate 15 State Route 74 (SR-
74)/Central Ave. Interchange
Approve and authorize the City Manager to execute the Cooperative Agreement between
the State of California Department of Transportation (Caltrans) and the City of Lake
Elsinore for the I-15 SR-74 (Central Ave) Interchange Improvement Project, in final form as
approved by the City Attorney.
Page 1 of 2
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Remon Habib, City Engineer
Date:January 14, 2025
Subject:Cooperative Agreement Between the State of California Department of
Transportation and the City of Lake Elsinore for Interstate 15 State Route
74 (SR-74)/Central Ave. Interchange
Recommendation
Approve and authorize the City Manager to execute the Cooperative Agreement between the
State of California Department of Transportation (Caltrans) and the City of Lake Elsinore for the
I-15 SR-74 (Central Ave) Interchange Improvement Project, in final form as approved by the City
Attorney.
Background
Interstate 15 State Route 74 (Central Ave) Interchange Improvement project first initiated in early
2000’s, where the Project Initiation Document was completed on April 25, 2005. The Project
Approval and Environmental Document (PAED) phase initiated in January 2018 with the Mitigated
Negative Declaration (MND) and Finding of No Significant Impact (FONSI) approved on October
30, 2024. An executed Cooperative Agreement is required prior to the start of the next phase.
Discussion
The Cooperative Agreement establishes the project components, which the City will be
responsible as the Implementing Agency. The City will be responsible to deliver the Plan,
Specifications, and Estimate (PS&E) phase, which is the development of plans, specifications;
obtaining resource agency permits; and the advertisement/award of construction contract, and
Right of Way (ROW) phase, which includes coordination with utility owners; pre-construction
monument preservation; acquisition of right-of-way interests; post-construction work such as
right-of-way monumentation/recordation, relinquishments/vacations, and excess land
transactions. The City will also be responsible to furnish the Quality Management Plan for
Caltrans review and approval.
I15/SR74 Interchange Cooperative Agreement
Page 2 of 2
Fiscal Impact
No fiscal impact to executing this agreement. Project has been budgeted in the CIP program for
FY 24/25.
Attachments
Attachment 1 - Cooperative Agreement
Engineering
DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
Agreement No. 08-1796 | 08-RIV-015 | EA: 08-0F310
Page | 1
COOPERATIVE AGREEMENT COVER SHEET
Work Description
WORK WILL INVOLVE THE MODIFICATION OF AN INTERCHANGE, NORTHBOUND
HOOK RAMPS WITH NORTHBOUND LOOP OFF-RAMP AT INTERSTATE 15 (I-15) AND
STATE ROUTE 74 (SR-74)
Contact Information
The information provided below indicates the primary contact information for each PARTY to this
AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact
information changes do not require an amendment to this AGREEMENT.
CALTRANS
Emad Makar, Project Manager
464 West Fourth Street
San Bernardino, CA 92401
Office Phone: (909) 383-4978
Email: emad.makar@dot.ca.gov
CITY OF LAKE ELSINORE
Remon Habib, City Engineer
130 South Main Street
Lake Elsinore, CA 92530
Office Phone: (951) 670-3124
Email: rhabib@lake-elsinore.org
DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
Agreement No. 08-1796 | 08-RIV-015 | EA: 08-0F310
Page | 2
COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from __________________________, is between the State
of California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Lake Elsinore, a body politic and municipal corporation or chartered city of the State of
California, referred to hereinafter as CITY.
An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the
signatory agencies in this AGREEMENT are referred to as PARTIES.
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State
Highway System (SHS) per the California Streets and Highways Code, Sections 114 and 130.
2. For the purpose of this AGREEMENT, work will involve the modification of an interchange,
northbound hook ramps with northbound loop off-ramp at Interstate 15 (I-15) and State Route 74
(SR-74), will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the
project initiation and approval documents.
3. All obligations and responsibilities assigned in this AGREEMENT to complete the following
PROJECT COMPONENTS will be referred to hereinafter as WORK:
•PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
•RIGHT-OF-WAY (R/W)
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.
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 or all other
AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be
automatically severed from this AGREEMENT.
DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
Agreement No. 08-1796 | 08-RIV-015 | EA: 08-0F310
Page | 3
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 completed the Project Initiation Document (PID) on April 25, 2005.
•CALTRANS approved the Mitigated Negative Declaration on October 30, 2024.
•CALTRANS approved the Finding of No Significant Impact (FONSI) on October 30, 2024.
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.
RESPONSIBILITIES
Sponsorship
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 committed 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.
Implementing Agency
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.
•CITY 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.
•CITY is the RIGHT-OF-WAY IMPLEMENTING AGENCY.
RIGHT-OF-WAY includes coordination with utility owners for the protection, removal, or
relocation of utilities; pre-construction monument preservation; the acquisition of right-of-
way interests; and post-construction work such as right-of-way monumentation/recordation,
DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
Agreement No. 08-1796 | 08-RIV-015 | EA: 08-0F310
Page | 4
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. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT
COMPONENT that they are implementing. The QMP describes the IMPLEMENTING AGENCY's
quality policy and how it will be used. The QMP will include a process for resolving disputes
between the PARTIES at the team level. The QMP is subject to CALTRANS review and
concurrence.
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. The WORK does not use funds administered by CALTRANS. PARTIES will amend this
AGREEMENT should this condition change.
14. Each PARTY is responsible for the costs they incur in performing the WORK.
CALTRANS' Quality Management
15. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality
management work including Quality Management Assessment (QMA) and owner/operator
approvals for the portions of WORK within the existing and proposed SHS right-of-way.
16. CALTRANS' Quality Management Assessment (QMA) efforts are to ensure that CITY's quality
assurance results in WORK that is in accordance with the applicable standards and the PROJECT's
quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver
WORK or any validation by verifying or rechecking WORK.
When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to
CALTRANS due to its QMA.
17. 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.
18. CITY will provide WORK-related products and supporting documentation upon CALTRANS'
request for the purpose of CALTRANS' quality management work.
19. The cost of CALTRANS’ quality management work is to be borne by CALTRANS.
DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
Agreement No. 08-1796 | 08-RIV-015 | EA: 08-0F310
Page | 5
CEQA/NEPA Lead Agency
20. CALTRANS is the CEQA Lead Agency for the PROJECT.
21. CALTRANS is the NEPA Lead Agency for the PROJECT.
Environmental Permits, Approvals and Agreements
22. CITY 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 CITY's responsibilities in this AGREEMENT.
23. 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.
24. The PROJECT requires the following environmental permits/approvals:
ENVIRONMENTAL PERMITS/REQUIREMENTS
401 Regional Water Quality Control Board
1602 California Department of Fish & Wildlife
Air Quality Permits
Air Quality Permits
Plans, Specifications, and Estimate (PS&E)
25. As the PS&E IMPLEMENTING AGENCY, CITY 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.
26. CALTRANS will be responsible for completing the following PS&E activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable)
100.15.10.xx Quality Management
27. CITY 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.
CITY 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.
DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
Agreement No. 08-1796 | 08-RIV-015 | EA: 08-0F310
Page | 6
28. CITY 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.
29. CALTRANS will not issue the Acceptance of Final Plans, Specifications, and Estimate to CITY
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
30. As the RIGHT-OF-WAY IMPLEMENTING AGENCY, CITY 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.
31. CALTRANS will be responsible for completing the following RIGHT-OF-WAY activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable)
100.25.10.xx Quality Management
32. 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.
33. CITY 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.
34. CITY 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.
35. CITY 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.
36. Acquisition of right-of-way will not occur prior to the approval of the environmental document
without written approval from the CEQA Lead Agency.
DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
Agreement No. 08-1796 | 08-RIV-015 | EA: 08-0F310
Page | 7
37. CITY will hear and adopt Resolutions of Necessity when authorized to do so by law or will work
with local agencies having jurisdiction and authorized under the law to hear and adopt Resolutions
of Necessity.
CITY will conduct and document Condemnation Evaluation Meetings and Condemnation Panel
Review Meetings as required in accordance with CALTRANS policy and guidance. CALTRANS
will be notified in advance of any Condemnation Evaluation Meetings and Condemnation Panel
Review Meetings.
38. If CITY acquires any right-of-way to be incorporated into the State Highway System (SHS), CITY
will first acquire in its own name.
No right-of-way will be acquired in CALTRANS' name.
Title to the SHS 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.
39. CITY 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.
CITY will submit a draft Right-of-Way Certification to CALTRANS six weeks prior to the
scheduled Right-of-Way Certification milestone date for review.
CITY will submit a final Right-of-Way Certification to CALTRANS for approval prior to the
advertising the construction contract.
40. 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.
41. CALTRANS’ acceptance of right-of-way title is subject to review of an Updated Preliminary Title
Report provided by CITY verifying that the title is free of all encumbrances and liens. Upon
acceptance, CITY will provide CALTRANS with a Policy of Title Insurance in CALTRANS’
name.
42. Right-of-way conveyances must be completed prior to WORK completion, unless PARTIES
mutually agree to other arrangements in writing.
Schedule
43. PARTIES will manage the WORK schedule to ensure the timely use of committed 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.
DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
Agreement No. 08-1796 | 08-RIV-015 | EA: 08-0F310
Page | 8
Additional Provisions
Standards
44. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and
standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards.
CALTRANS standards include, but are not limited to, the guidance provided in the:
•CADD Users Manual
•CALTRANS policies and directives
•Plans Preparation Manual
•Project Development Procedures Manual (PDPM)
•Workplan Standards Guide
•Standard Environmental Reference
•Highway Design Manual
•Right of Way Manual
•Stewardship and Oversight Agreement
•Construction Manual Supplement for Local Agency Resident Engineers
•Local Agency Structure Representative Guidelines
Noncompliant Work
45. CALTRANS retains the right to reject noncompliant WORK. CITY 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
46. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or
licensed to perform the tasks assigned to them.
Consultant Selection
47. CITY will invite CALTRANS to participate in the selection of any consultants that participate in
the WORK.
Encroachment Permits
48. CALTRANS will issue, upon proper application, the encroachment permits required for WORK
within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents, and
utility owners will not work within the SHS right-of-way without an encroachment permit issued by
CALTRANS. CALTRANS will provide encroachment permits to CITY at no cost. CALTRANS
will provide encroachment permits to utility owners at no cost. If the encroachment permit and this
AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
49. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain,
implement, renew, and amend any encroachment permits needed to complete the WORK.
DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
Agreement No. 08-1796 | 08-RIV-015 | EA: 08-0F310
Page | 9
Protected Resources
50. 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
51. 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
7921.505(c)(5) will protect the confidentiality of such documents in the event that said documents
are shared between PARTIES.
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.
52. 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 records.
Hazardous Materials
53. HM-1 is 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 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.
54. If HM-1 or HM-2 is found, the discovering PARTY will immediately notify all other PARTIES.
55. 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, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1
MANAGEMENT related to HM-1 found within the existing State Highway System right-of-way.
56. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT
limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause
to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
Agreement No. 08-1796 | 08-RIV-015 | EA: 08-0F310
Page | 10
CITY, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1
MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State
Highway System right-of-way.
57. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM-2 MANAGEMENT
within the PROJECT limits.
CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited
Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the
California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil
Management Agreement, CALTRANS and CITY each retain joint and severable liability for
noncompliance with the provisions of the Soil Management Agreement. CITY will assume all
responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT
COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement
and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement,
which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by
CALTRANS.
58. 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
59. CITY may accept, reject, compromise, settle, or litigate claims of any consultants or contractors
hired to complete WORK without concurrence from the other PARTY.
60. 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.
61. 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
62. 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.
63. 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 the Local Assistance
Procedures Manual, Chapter 10.
DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
Agreement No. 08-1796 | 08-RIV-015 | EA: 08-0F310
Page | 11
Interruption of Work
64. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-of-
way in a safe and operable condition acceptable to CALTRANS.
65. If WORK stops for any reason, each PARTY will continue with environmental commitments
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, Judgments and Settlements
66. The cost of awards, judgments, fines, interest, penalties, attorney's fees, and/or settlements
generated by the WORK are considered WORK costs.
67. The cost of legal challenges to the environmental process or documentation are considered WORK
costs.
68. Any PARTY whose 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.
Project Files
69. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on
State Highway System within sixty (60) days following the completion of each PROJECT
COMPONENT. CITY will assure that the Project History File is prepared and submitted in
compliance with the Project Development Procedures Manual, Chapter 7. All material will be
submitted neatly in a three-ring binder and in PDF format.
Environmental Compliance
70. 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
71. All portions of this AGREEMENT, including the RECITALS section, are enforceable.
Venue
72. 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.
DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
Agreement No. 08-1796 | 08-RIV-015 | EA: 08-0F310
Page | 12
Exemptions
73. All CALTRANS' obligations and commitments under this AGREEMENT are subject to the
appropriation of resources by the Legislature, the State Budget Act authority, programming and
allocation of funds by the California Transportation Commission (CTC).
Indemnification
74. Neither CALTRANS nor any of its 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 and all of its
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, sub-contractors, and/or its agents under this AGREEMENT.
75. Neither CITY nor any of its 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 CITY
and all of its 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.
Non-parties
76. PARTIES do not intend this AGREEMENT to create a third-party beneficiary or define duties,
obligations, or rights for entities in PARTIES 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.
77. PARTIES will not assign or attempt to assign obligations to entities not signatory to this
AGREEMENT without an amendment to this AGREEMENT.
Ambiguity and Performance
78. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other
PARTY. PARTIES waive 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.
DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
Agreement No. 08-1796 | 08-RIV-015 | EA: 08-0F310
Page | 13
79. 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
80. 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
81. 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 CITY 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 and/or to preserve the statute of limitations, 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.
82. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously
selected remedy does not achieve resolution.
Prevailing Wage
83. 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, 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.
Work performed by a PARTY's own employees is exempt from the Labor Code's Prevailing Wage
requirements.
DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
Agreement No. 08-1796 | 08-RIV-015 | EA: 08-0F310
Page | 14
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.
DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
Agreement No. 08-1796 | 08-RIV-015 | EA: 08-0F310
Page | 15
SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the
authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have
followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the
PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or
email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA DEPARTMENT
OF TRANSPORTATION
Catalino A. Pining III
District 8 Director
Verification of Funds and Authority:
Corina Harriman
District 8 Budget Manager
Certified as to financial terms and policies:
Darwin Salmos
HQ Accounting Supervisor
HQ Legal Representative
HQ Legal Rep Title
CITY OF LAKE ELSINORE
Jason Simpson
City Manager