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C17-2001.E 08-RIV-10-R5.5 EA: 1 H450 Project Number: 0817000051 Agreement 08 - 1632 COOPERATIVE AGREEMENT State SHOPP Minor Funds Contribution This Agreement, effective on �d� /, �O/ 7 , is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and. City of Beaumont, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY. RECITALS 1. PARTNERS are authorized to enter into a cooperative agreement for improvements to the state highway system (SHS) per the California Streets and Highways Code sections 114 and 130. 2. This Agreement shall have no force or effect until CITY has obtained an encroachment permit from CALTRANS. 3. CITY intends to install traffic signals along Interstate 10 and Oak Valley Parkway overcrossing interchange within the SHS and is referred to herein as PROJECT. 4. CITY will follow the CALTRANS encroachment permit process in order to complete the PROJECT. 5. CALTRANS will pay CITY in the amount of $290,000 from SHOPP Minor funds required for PROJECT. 6. PARTNERS hereby set forth the terms, covenants, and conditions for CALTRANS' contribution toward the PROJECT. SCOPE 7. CITY is responsible for completing all work for the PROJECT. 8. At no cost to CITY, CALTRANS will provide IQA to assure CITY's work is performed in accordance with CALTRANS' current policies, procedures, standards, and practices. INVOICE & PAYMENT 9. CITY will submit to CALTRANS monthly invoices for the prior month's actual expenditures. Page 1 of 6 Agreement IH450 - 1632 10. After PARTNERS agree that all work for PROJECT is complete, CITY will submit a final accounting for all costs. Based on the final accounting, CITY will refund or invoice as necessary in order to satisfy the financial commitment of this Agreement. 11. PARTNERS agree that the total amount of SHOPP Minor funds paid out to CITY will not exceed $290,000. 12. CALTRANS will pay CITY within 45 (forty-five) calendar days of receipt of invoices. GENERAL CONDITIONS 13. All obligations of CALTRANS under the terms of 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. 14. CALTRANS and CITY agree that the CALTRANS funds contributed for PROJECT support will be expended, invoiced, and paid within three (3) years of the CTC allocation and funds contributed for PROJECT capital will be expended, invoiced, and paid within five (5) years of the CTC allocation. 15. If CITY fails to complete the PROJECT for any reason, CITY shall, at CITY's expense, return the SHS right of way to its original condition or to a safe and operable condition acceptable to CALTRANS. If CITY fails to do so, CALTRANS reserves the right to finish the work or place the PROJECT in a safe and operable condition. CALTRANS will bill CITY for all expenses incurred and CITY agrees to pay said bill within forty-five (45) days of receipt. 16. If CITY fails to complete the PROJECT for any reason, CITY will refund the full amount of CALTRANS' contribution. 17. CITY will retain all PROJECT related records for three (3) years after the final voucher. 18. If HM -1 or HM -2 is found during construction, CITY will immediately notify CALTRANS. 19. CALTRANS, independent of PROJECT, is responsible for any HM -1 found within the existing SHS right of way. CALTRANS will undertake, or cause to be undertaken, HM MANAGEMENT ACTIVITIES related to HM -1 with minimum impact to PROJECT schedule. CALTRANS will pay, or cause to be paid, all costs for HM MANAGEMENT ACTIVITIES related to HM -1 found within the existing SHS right of way. 20. CITY, independent of PROJECT, is responsible for any HM -1 found within PROJECT limits and outside the existing SHS right of way. CITY will undertake or cause to be undertaken HM MANAGEMENT ACTIVITIES related to HM -1 with minimum impact to PROJECT schedule. Independent of the PROJECT, CITY will pay, or cause to be paid, the cost for HM MANAGEMENT ACTIVITIES related to HM -1 found within PROJECT limits and outside of the existing SHS right of way. Page 2 of 6 Agreement 1 H450 - 1632 21. If HM -2 is found within PROJECT limits, CITY will be responsible for HM MANAGEMENT ACTIVITIES related to HM -2. 22. HM MANAGEMENT ACTIVITIES costs related to HM -2 are PROJECT costs. 23. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS, 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. 24. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, 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. 25. If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771 CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements. CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY contracts. 26. This Agreement is intended to be PARTNERS' final expression and supersedes all prior oral understanding pertaining to PROJECT. 27. Unless otherwise documented in a maintenance agreement, CITY will maintain all PROJECT improvements. Page 3 of 6 Agreement 1H450 - 1632 28. This Agreement will terminate upon CALTRANS' acceptance of the PROJECT. However, all indemnification and maintenance articles of this Agreement will remain in effect until terminated or modified in writing by mutual agreement. DEFINITIONS IQA (Independent Quality Assurance) — CALTRANS' efforts to ensure that another PARTNER's quality assurance activities are in accordance with the applicable standards and the PROJECT's Quality Management Plan (QMP). When CALTRANS performs IQA it does not develop, produce, validate, verify, re -check, or quality control another PARTNER's work products. HM -I — Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law whether it is disturbed by PROJECT or not. HM -2 — Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by PROJECT. HM MANAGEMENT ACTIVITIES — Management activities related to either HM -1 or HM -2 including, without limitation, any necessary manifest requirements and disposal facility designations. PARTNERS —The term that collectively references all of the signatory agencies to this Agreement. This term only describes the relationship between these agencies to work together to achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one PARTNER's individual actions legally bind the other parties. Page 4 of 6 Agreement 1H450 - 1632 CONTACT INFORMATION The information provided below indicates the primary contact information for each PARTNER to this Agreement. PARTNERS will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this Agreement. The primary Agreement contact person for CALTRANS is: Mustapha Iaali, Project Manager 464 W. 4th Street, 6th Floor (MS -1229) San Bernardino, CA 92401-1400 Office Phone: 909-383-5908 musts ha iaali,(Lvdot.ca. g ov The primary Agreement contact person for CITY is: Gilbert Fausto 550 E. 6th Street Beaumont, CA 92223 Office Phone: 951-572-3206 Ext 329 GFaustoLd ci.beaumont. ca.us Page 5 of 6 SIGNATURES PARTNERS declare that: Agreement 1H450 - 1632 1. Each PARTNER is an authorized legal entity under California state law. 2. Each PARTNER has the authority to enter into this Agreement. 3. The people signing this Agreement have the authority to do so on behalf of their public agencies. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: a I Jo Bulir istrict Director CERTIFIED AS TO FUNDS: By: �. I District Budget Manager Ac -- CITY OF BEAUMONT I ... • 'i • Mayor ATTEST: By: Z,�� 2�L� D p y City Clerk APPROVED AS TO FORM AND PROCEDURE: By:r�` O. Pinkney City Counsel Page 6 of 6