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Home My WebLink About2013-012 Caltrans Project Initiation Agreement Hwy 101-Del Rio 05-SLO-101-48.33 Project Number:0513000096 EA: 05-11{'3301 Agreemejit 05.-0280 COOPERATIVE AGREEMENT Project Study Report— Project Development Support (PSR-PDS) This Agreement, effective on is between the State of California, acting through its Department Of Transportation, referred to as CALIT RANS, and: City of Atascadero, a body politic and municipal corporation or chartered city of the State of California., refer red to hereinafter as CITY. RECITALS 1 PARTNERS 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. CITY desires that a project initiation document(PIIS) is developed for operational improvements to the Highway 101/Del Rio Road Interchange within the SMS and is referred to herein as PROJECT. 3. PARTNERS Agreement that this is only applicable for a Protect Study Z:1 Report-Project Development Support(PSR-PDS)PID. 4. California Governinent Code section 65086.5 authorizes CAE TRANS to perform as reimbursed work: (i) Preparation of PIDs at the request of local agencies. (ii) Review and approval of PIDs developed by others. 5. CITY is willing to develop the PID and is willing to fund one hundred percent(100%) of the PI 's costs and fees, including costs to reimburse CSL,TRANS. If, in the future, GALT NS is allocated state filDds and Personnel.Years (P s) for PID review of this PROJECT, CST TRANS will agee to amend this Agreement to chane the reimbursement arrangement for PID review. Z-� CALTRANTS will review and approve the PID prepared by CITY; will provide relevant proprietary information in the form of existing data dumps, spreadsheets, and maps and will actively participate in the prqject delivery team.(PDT)meetings, and will.complete any wor1c elements identified. in the SCOPE SUMMj-\-RY of this Agreement. All CALTRANS' activities will be done as reimbursed work. 6. PARTNERS hereby set forth the tern-is, covenants, axid conditions of this Agreement, under which they will complete the PID. Project Initiation Document(PID)Agreement 2012 10 30 Page 1 of 10 Agreement 05-0280 ROLES AND RESPONSIBILITIES 7. CITY will prepare a PID for PROJECT at its role 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. S. CALTRANS will complete the wortz elements that are assigned to it on the SCOPE SUMMARY which is attached to and made a part of this Agreement by reference. CITY will complete the work elements assigned to it on the SCOPE SUMMARY. Work elements marked.with"N/A" on the SCOPE SUMMARY are Dot included within this Agreement. Work elements are outlined in the lf'ork731an Standards Guide.for the Delivery elf Capital Projects available at dot.ca.gov/Fq�proj m -it _gn_/.giLjd icehtn 9. CALTRANS will complete a review of the draft PID and provide its comments to CITY within 60 calendar days from the date CALTRANS received the draft PID from CITY. CITY will address the comments provided by CALTRANS. If any interitu reviews are requested of CALTRANS by CITY, CALTRANS will complete those reviews within 30 calendar days from the date CALTRANS received the draft PID from CITY. 10. After CITY revises the PID to address all of CALTRANS' comments and submits the PID and all related attachments and appendices, CALTRANS will complete its review and final deterinination of the PID within 30 calendar days from.the date CALTRANS received the draft PID from CITY. Should CALTRA NS require supporting data necessary to defend facts or claims cited in the PID, CITY will provide all available supporting data in a reasonable time so that CALTRANS may conclude its review. The 30 day CALTRANS review period will be stalled during that time and will continue to run after CITY provides the required data. 11. CALTRANS will perforni its review and approval in accordance with the provision of the current Project Development Procedures Manual. CALTRANS' review and approval will consist of performing independent quality assurance (I A)to verify that quality control/quality assurance (QC/QA) i-neets department standards and determination that the work is acceptable for the next project cotuponent. However, CALTRANS' review and approval does not involve any work necessary to actually develop or couiplete the PID, No liability will.be assignable to CALTRANS, its officers and en-1ployees by CITY under the terms of'this Agreement or by third patties by reason of CALTIZANS' review anct approval of the PID. 12. PID preparation, except as set i6oith in this Agreement, is to be performed by CITY. Should CITY request CALTRANS to perforin 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. INVOICE AND PA17MENT 133. CITY agrees to pay CALTRANS, an amount not to exceed $104,000. Project Initiation Docivinent(PIP)Ag-reemen!20121030 Page 2 of 10 A- eenwDt 05-0280 14. CALTRANS will draw from any CALTIZZ-ANS administered state and/or federal funds that CITY has corninitted to CALTRAINS for this PROJECT. 15. CALTRANS will invoice CITY for a$26,000 initial deposit after execution of this Agreement and thirty('10) working days prior to the commencement of PROJECT expenditui es. 16. Thereafter, CAURANS will s0nut to CITY monthly invoices for estimated,monthly costs based on the prior mouth's expenditures. 17. 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 Z:' refund or invoice as necessary in order to satisfy the financial con-Unitinents of this Agreement. 18. If an executed Program Supplement Agreement (PSA) or STIP c,Planning, Prograrnmin C), ln, 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. 19. If CITY has received Electronic Funds Transfer(EFT) certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS. 20. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY will.reimburse those funds. 21. Except as otherwise provided in this Agreement, PARTNERS will pay invoices within_0 0 calendar days of receipt of invoice. GENERAL CONDITIONS 22. Per Chapter 603, amending iten'i 2660-001-004.2 of Section 22.00 of the State Budget Act of I t__ 2012, the cost of any engineering services performed by CALTRANS towards any local government agency-sponsored.PIT)project will orily include direct costs. Indirect or z1- overhead costs will not be applied during the development of the PID document. C, 23. The PID shall be prepared in accordance with all State and Federal laws, regulations, policies, procedures, and standards that CALTRANS would normally follow if CALTRANS was to prepare the PID. 24. PARTNERS will not incur costs beyond the funding conainitments established in this Agreement. 25. if HM-I or HM-2 is found within the PROJECT limits, CITY will immediately notify CALTRANS. Prqject Initiation Document(PIP)Agreement 201211030 Pa-ge 3 of 10 Aggeemetit 05-0280 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 U11dertaken HM MANAGEMENT ACTIVITIES related to HM-1. with minimum impact to PROJECT schedule. 27. PARTNERS agree to consider alternatives to PROJECT scope and/or alignment,to the extent practicable, in an effort to avoid.any known hazardous materials within the proposed PROJECT limits. 28. CALTRANS' acquisition or acceptance of title to any property on which any HM-I or HM-2 is found.will proceed in accordance with CALTRANS' policy on such acquisition. 29. CALTRANS, independent of PROJECT., is responsible for any HM-I found Nvithin the existing SHS right of way and will pay, or cause to be paid, all costs for I-IM MANAGEMENT ACTIVITIES related to 1IM-I. CALTRANS will undeitake, or cause to be undertaken, ITM MANAGEMENT ACTIVITIES related to HM-I with minimum impact to PROJECT schedule. 30. CALTRANS' obligations under this Agreement are subject to the appropriations of resources by the Legislature,the State Budget Act authority, and.the allocation of funds by the California Transportation commission. 31. Neither CITY nor any officer or employee thereof is responsible for any ilijury, daniage, of liability occurring by reason of anything done or omitted to be done by CALTRANS and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS or under this Agreement. It is understood.and agreed that CALTRANS,to the extent pen-nitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse conden-mation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CA-LTRANS and/or its agents under this Agreement, 32. Neither CALTRANS nor any officer or eiriployee thereof is responsible for any injury, damage, or liability occurring-by reason of anything done or omitted to be done by CITY and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY or under this Agreement. it is understood and agreed that CITY,to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and.all of its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, including, but not limited to,tortious, contractual, inverse condernriation, 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 ox"Til employees) and is governed by the California Labor Code's definitions of a"public works" (sectionl 720(a)),that CITY will condone to sections 1.720-1.' 815 of the California Labor Code and all applicable regulations and coverage determinations issued by the Director of Industrial Relations. Project Initiation Document(PID)Agreement 2012 10 30 Page 4 of 10 Ac gq-een-�ent 05-0280 34. This Agreement is intended to be PARTNERS' final.expression and supersedes all prior oral understanding pertaining to PROJECT. 35. This Agreement will terminate 180 days after PID is signed by PAW TER or as mutually agreed by PARTINERS in writing. However, all indemnification articles will remain in effect until terminated or modified in writing by inutual agreement. Project Initiation Document(PID)Agreement 20721030 Page 5 of 10 Agreement 05 -0280 DEFINITIONS HM-1 —Hazardous material (including, but not limited.to, hazardous waste) that inay require removal. and disposal pursuant to federal or state lwx 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 I-IM-I or HM-2 I including, Without limitation, any necessary manifest requirements and disposal facility designations. PARTNER—Any individual signatory party to this Agreement. PARTNERS—The term that collectively references all of the signatory agencies to this Agreement. This term only describes the relationship between these agencies to work together to achieve a mutually beneficial goal. It is not used in the traditional legal sense in Nvhich one L, PAR R's individual actions Legally bind the other parties. SCOPE SUMMARY—The attachment in which each PARINIER designates its responsibility for the completion of specific work elements as outlined by the Guide to Capital Project Delivery Workplan Standards(previously known as WBS Guide) available at litti)://vv NvNT.dot.ca.gov/l q/pro m gi—,n:t/gui d,a,nce.litri-i. Project Initiation Document(PID)Agreement 20121030 Page 6 of 10 Ageement 05-0280 CONTACT INFORMATION The inforniation 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 amend.m.ent to this Agreement. The primary Agreement contact person for CALTRANIS is: Richard Rosales, project Manager 50 Higuera, Street San Luis Obispo, CA 93401 Office Phone: (805) 549-3792 The primary Agreement contact person for CITY is: Russ Thompson, Director of Public Works 6907 El Camino Real Atascadero, CA 93422 Office Phone: 805-461.-5000 Prqject Initiation.Document(PID)Agreement 2012 10 30 Page 7 of 10 Agreement 05 -0280 SIGNATURES PARTNERS declare that; 1. Each PARTNER is an authorized legal entity ander California state lay. 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 DEPARTMENT OF TRANSPORTATION CITY OF ATASCADERQ '`TIIvIQIY I. CLIBBINS WADE 6. McKINNEY Dista ct.Di etor City Manager Certified as to funds: Attest: JA A Julialger yi Marcia McClure Torgerson � Resor e Manager ( City Clerk Recommended for Approval:, n Byb � Brian'Pierik City Attorney Project Initiation Document(PIIS)Agreement 2012 10_30 Page 8 of 10 Agreement 05-0280 SUMMARYSCOPE WOR.KELENIENT 0.100.05.05.xx-- Quality Management Plan _ _ 0.100.05.05.xx-Risk Management Plan — — �--- ; 0100.05.05.xx- Communication Plan _ x O.100.05. - Cooperative Agreernent for P A&ED Phase 0.100.05.10.xx- Izade t-ident Quality Assurance (IQA) �� 0.100.05.10.xx-Project Development Team Meeting, 1.150.0`.05 -Review of Existing Repoais Studies and ],lapping 1.150.05.05.xx-Provision of Existing Reports,Data, Studies, and Mapping 1.150.05.10 - Geological Hazards Review _ — _ _ -- 1.150.05.10.xx-Provision of Existing Geological Information 1.150.05.15 -Utility Search — 1.150.05.15.xx-Provision of Existing Utility Information 1150.05.20 -Environmental Constraints Identification — 1.150.05.20.xx- Provision of Environmental Constraints Information 1.150.05.25 - Traffic Porecasts"Mo cling _ _ _ I.150.05.25.xx-Provision of Existing Traffic Forecasts/Modelizig Information _ 1.150.05.30 - Sutveys and Flaps for PID _ _ 1.150.05.30.xx -Provision of Existing Smireys and Mapping 1150.05.35 -Problem Definition — ': 1.150.05.45 -As-Built Centerline and f xistin-Right of Way _ 1.150.05.xx-Provision of Existing District Geotechnical Information _ X- 1.150. -Public/Local Agency Input - 1.150.15.05 -Right of Way Data Sheets --- — - �- — 1150.1510 -Utility Relocation Requirements Assessment 1.150.15.15 - Railroad Involvement Detern-tination 1.1-50.15.25 -Preliminary Materials Report x -_ 1.150.15.35 -IvIultimodal Review 3.150.15.40 -Hydraulic Review _ 1.150.1.5.50 - Traffic Studies — -- —1.150.15.55 - Construction Estimates -- --� 1.150.20.05 -Initial Noise Study _ _ _ 1.150.20. -Hazardous Waste Initial Site Assessment — 1.1.50.20.15-- Scenic Resource and Landscape Architecture Review 1150.20.30 -Initial Records and Literature Search for Cultural Resources 1.150.20.50 -Initial'hater Quality Studies _ 1.150.20.60-Prelin-tinary Environmental Analysis Report Pre-paration X — I.150.20.65 -Initial Paleontology Study --- — - 1.150.25.05 -Draft P —1,150.25.20 -PID Circulation,Revim, and Approval I.15 0.25.25 - Stonn Water Data Report_ — . Project h7iti ation Document(PIP)Agreemew 2012-1030 Page 9 of 10 Agreei ent 05-0280 f t WOE ELEMENT 1.150.3-5 -Required Permits During IIID Develomens I—� 1.150.40 - Pern-i t Identification During PfD Develo nwrit _ 1.150.4.5 -Base Nlaps and Plan Sbeets for PID _ Project Initiation Document(PILO Agreement 20121030 3 Page 10 of 10