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C12-02 - Couty Transportation DepartmentPotrero Blvd08- RIV -60- 29.0/30.2 EA: 34141 Federal Funds District Agreement 08 -1525 Project Number 0800020444 CONSTRUCTION COOPERATIVE AGREEMENT This agreement, effective on '7_(r ) , is between the State of California, acting through its Department of Tr nsportation, referred to as CALTRANS, and: City of Beaumont, a body politic and municipal corporation or chartered city of the State of California, referred to as CITY. For the purpose of this agreement, the term PARTNERS collectively refers to CALTRANS and CITY (all signatory parties to this agreement). The term PARTNER refers to any one of those signatory parties individually. RECITALS California Streets and Highways Code sections 114 and 130 authorize PARTNERS to enter into a cooperative agreement for performance of work within the State Highway System (SHS) right of way. 2. This agreement outlines the terms and conditions of cooperation between PARTNERS to complete the construction of the six lane overcrossing (Phase 1) at Potrero Boulevard on State Route 60 (SR -60) between Interstate 10 (I -10) and Jackrabbit Trail. For the purpose of this agreement, construction of the six lane overcrossing (Phase 1) at Potrero Boulevard on SR -60 between I -10 and Jackrabbit Trail will be referred to as PROJECT. All responsibilities assigned in this agreement to complete the construction will be referred to as OBLIGATIONS. 3. This agreement is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between PARTNERS regarding PROJECT. 4. Prior to this agreement, CITY developed the Project Report (Cooperative Agreement No. 1334 and 1334 A/1); CITY is developing the Plans, Specifications and Estimate (Cooperative Agreement No. 1334 and 1334 A/1); and CITY is developing the Right of Way Certification (Cooperative Agreement No. 1334 and 1334 A/1). 5. CITY prepared the environmental documentation for PROJECT. 6. The estimated date for OBLIGATION COMPLETION is December 31, 2016. 7. In this agreement capitalized words represent defined terms and acronyms. The Definitions section contains a complete definition for each capitalized term. PACT Version 10.1.2011 02 18 1 of 21 District Agreement 08 -1526 6. The estimated date for OBLIGATION COMPLETION is December 31, 2016. 7. In this agreement capitalized words represent defined terms and acronyms. The Definitions section contains a complete definition for each capitalized term. From this point forward, PARTNERS define in this agreement the terms and conditions under which they will accomplish OBLIGATIONS. RESPONSIBILITIES 9. CITY is SPONSOR for 100% of PROJECT. 10. CALTRANS will provide IQA for the portions of WORK within existing and proposed SHS right of way. CALTRANS retains the right to reject noncompliant WORK, protect public safety, preserve property rights, and ensure that all WORK is in the best interest of the SHS. 11. CITY may provide IQA for the portions of WORK outside existing and proposed SHS right of way. 12. CITY is the only FUNDING PARTNER for this agreement. CITY's funding commitment is defined in the FUNDING SUMMARY. 13. CALTRANS is the CEQA lead agency for PROJECT. 14. CALTRANS is the NEPA lead agency for PROJECT. 15. CITY is IMPLEMENTING AGENCY for CONSTRUCTION. SCOPE Scope: General 16. PARTNERS will perform all OBLIGATIONS in accordance with federal and California laws, regulations, and standards; FHWA STANDARDS; and CALTRANS STANDARDS. 17. IMPLEMENTING AGENCY for a PROJECT COMPONENT will provide a Quality Management Plan (QMP) for that component as part of the PROJECT MANAGEMENT PLAN. The District Construction Division, with input from Structure Construction must approve the Quality Management Plan (QMP) before the encroachment permit for construction is issued. 18. Any PARTNER may, at its own expense, have representatives observe any OBLIGATIONS performed by another PARTNER. Observation does not constitute authority over those OBLIGATIONS. PACT Version 10.1.2011 02 18 2 of 20 District Agreement 08 -1526 19. Each PARTNER will ensure that all of its personnel participating in OBLIGATIONS are appropriately qualified, and if necessary licensed, to perform the tasks assigned to them. 20. IMPLEMENTING AGENCY shall retain consultants and shall invite CALTRANS to participate in the selection and retention of consultants that participate in OBLIGATIONS. At least one representative from the Construction Division of CALTRANS shall participate in the selection process. A construction management firm shall not be selected without the approval by this representative. 21. If WORK is done under contract (not completed by a PARTNER's own employees) and is governed by the California Labor Code's definition of "public works" (section 1720(a)(a)), that PARTNER will conform to sections 1720 — 1815 of the California Labor Code and all applicable regulations and coverage determinations issued by the Director of Industrial Relations. 22. IMPLEMENTING AGENCY for each PROJECT COMPONENT included in this agreement will be available to help resolve problems generated by that component for the entire duration of PROJECT. 23. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within SHS right of way. Contractors and /or agents, and utility owners will not perform WORK without an encroachment permit issued in their name. 24. If any PARTNER discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTNER will notify all PARTNERS within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and a plan is approved for its removal or protection. 25. PARTNERS will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for PROJECT in confidence to the extent permitted by law. Where applicable, the provisions of California Government Code section 6254.5(e) will govern the disclosure of such documents in the event that PARTNERS share said documents with each other. PARTNERS will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete PROJECT without the written consent of the PARTNER authorized to release them, unless required or authorized to do so by law. 26. If any PARTNER receives a public records request, pertaining to OBLIGATIONS, that PARTNER will notify PARTNERS within five (5) working days of receipt and make PACT Version 10.1.2011_02_18 3 of 20 District Agreement 08 -1526 PARTNERS aware of any disclosed public records. PARTNERS will consult with each other prior to the release of any public documents related to the PROJECT. 27. If HM -1 or HM -2 is found during a PROJECT COMPONENT, IMPLEMENTING AGENCY for that PROJECT COMPONENT will immediately notify PARTNERS. 28. 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. 29. 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. 30. If HM -2 is found within PROJECT limits, the public agency responsible for the advertisement, award, and administration (AAA) of the PROJECT construction contract will be responsible for HM MANAGEMENT ACTIVITIES related to HM -2. 31. 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. 32. PARTNERS will comply with all of the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each PARTNER'S responsibilities in this agreement. 33. IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTNERS with written quarterly progress reports during the implementation of OBLIGATIONS in that component. 34. Upon OBLIGATION COMPLETION, ownership or title to all materials and equipment constructed or installed for the operations and/or maintenance of the SHS within SHS right of way as part of WORK become the property of CALTRANS. CALTRANS will not accept ownership or title to any materials or equipment constructed or installed outside SHS right of way. 35. IMPLEMENTING AGENCY for a PROJECT COMPONENT will accept, reject, compromise, settle, or litigate claims of any non - agreement parties hired to do WORK in that component. 36. PARTNERS will confer on any claim that may affect OBLIGATIONS or PARTNERS' liability or responsibility under this agreement in order to retain resolution possibilities PACT Version 10.1.2011 02 18 4 of 20 District Agreement 08 -1526 for potential future claims. No PARTNER will prejudice the rights of another PARTNER until after PARTNERS confer on claim. 37. PARTNERS will maintain, and will ensure that any party hired by PARTNERS to participate in OBLIGATIONS 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 provide billing and payment support. 38. PARTNERS will comply with the appropriate federal cost principles and administrative requirements outlined in the Applicable Cost Principles and Administrative Requirements table below. These principles and requirements apply to all funding types included in this agreement. Applicable Cost Principles and Administration Requirements The federal cost principles and administrative requirements associated with each organization type apply to that organization. Organization Type Cost Principles Administrative Requirements Federal Governments 2 CFR Part 225 OMB A -102 State and Local Government 2 CFR, Part 225 49 CFR, Part 18 Educational Institutions 2 CFR, Part 220 2 CFR, Part 215 Non - Profit Organizations 2 CFR, Part 230 2 CFR, Part 215 For Profit Organizations 48 CFR, Chapter 1, Part 31 49 CFR, Part 18 CFR (Code of Federal Regulations) OMB (Office of Management and Budget) Related URLs: • Various OMB Circular: http: / /www.whitehouse.gov /omb /grants_circulars • Code of Federal Regulations: http: / /www.gpoaccess.gov /CFR 39. PARTNERS will maintain and make available to each other all OBLIGATIONS - related documents, including financial data, during the term of this agreement. 40. PARTNERS will retain all OBLIGATIONS - related records for three (3) years after the final voucher. 41. PARTNERS have the right to audit each other in accordance with generally accepted governmental audit standards. CALTRANS, the state auditor, FHWA, and CITY will have access to all OBLIGATIONS - related records of each PARTNER, and any party hired by a PARTNER to participate in OBLIGATIONS, for audit, examination, excerpt, or transcription. PACT Version 10.1.2011_02_18 5 of 20 District Agreement 08 -1526 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 PARTNER will be permitted to make copies of any OBLIGATIONS - related records needed for the audit. The audited PARTNER will review the draft audit, findings, and recommendations, and provide written comments within 30 calendar days of receipt. Upon completion of the final audit, PARTNERS have 30 days to refund or invoice as necessary in order to satisfy the obligation of the audit. Any audit dispute not resolved by PARTNERS is subject to dispute resolution. Any costs arising out of the dispute resolution process will be paid within 30 calendar days of the final audit or dispute resolution findings. 42. Any PARTNER that hires another party to participate in OBLIGATIONS will conduct a pre -award audit of that party in accordance with the Local Assistance Procedures Manual. 43. PARTNERS will not incur costs beyond the funding commitments in this agreement. If IMPLEMENTING AGENCY anticipates that funding for WORK will be insufficient to complete WORK, IMPLEMENTING AGENCY will promptly notify SPONSOR. IMPLEMENTING AGENCY has no obligation to perform WORK if funds to perform WORK are unavailable. 44. If WORK stops for any reason, IMPLEMENTING AGENCY will place all facilities impacted by WORK in a safe and operable condition acceptable to CALTRANS. 45. If WORK stops for any reason, each PARTNER will continue to implement all of its applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, as they apply to each PARTNER's responsibilities in this agreement, in order to keep PROJECT in environmental compliance until WORK resumes. 46. Each PARTNER accepts responsibility to complete the activities that it selected on the SCOPE SUMMARY. Activities marked with "N /A" on the SCOPE SUMMARY are not included in the scope of this agreement. 47. Contract administration procedures shall conform to CALTRANS' Construction Manual, Local Assistance Procedures Manual (if Federal funds are used), and the PROJECT encroachment permits. 48. If the Resident Engineer is not also a registered Landscape Architect, CITY will furnish, at CITY expense and subject to approval of CALTRANS Landscape Architecture, a registered Landscape Architect to perform work related to architecture treatment and PACT Version 10.1.2011 02 18 6 of 20 District Agreement 08 -1526 landscaping and to perform the function of an Assistant Resident Engineer /Inspector who is responsible for both daily on -site inspection and final decisions including, but not limited to, any highway planting and the irrigation systems that comprise a portion of the PROJECT work, consistent with any applicable measures in the environmental commitments record. Final decisions shall continue to be subject to the satisfaction and approval of CALTRANS. 49. Within one hundred eighty (180) days following the completion and acceptance of the PROJECT construction contract, to furnish CALTRANS with a complete set of "As- Built" plans (hard copy and electronic formats) in accordance with CALTRANS' then current CADD Users Manual, Plans Preparation Manual, and CALTRANS practice. The submittal must also include all CALTRANS requested contract records, including survey documents and Records of Surveys (to include monument perpetuation per the Land Surveyor Act, section 8771, including but not limited to preconstruction monumentation documents and a post construction Record of Survey). CITY shall also submit corrected full -sized hardcopy structure plans. Scope: Environmental Permits, Approvals and Agreements 50. Each PARTNER identified in the Environmental Permits table below accepts the responsibility to complete the assigned activities. Scope: CONSTRUCTION 51. CITY will advertise, open bids, award, approve, and administer the construction contract in accordance with the California Public Contract Code and the California Labor Code. CITY will not advertise the construction contract until CALTRANS completes or accepts the final plans, specifications, and estimate package; CALTRANS approves the Right of Way Certification; and SPONSOR verifies full funding of CONSTRUCTION SUPPORT and CONSTRUCTION CAPITAL. By accepting responsibility to advertise and award the construction contract, CITY also accepts responsibility to administer the construction contract. PARTNERS agree that CITY is designated as the Legally Responsible Person and the Approved Signatory Authority pursuant to the Construction General Permit, State Water PACT Version 10.1.2011_02_18 7 of 20 District Agreement 08 -1526 Resources Control Board (SWRCB) Order Number 2009 - 0009 -DWQ, as defined in Appendix 5, Glossary, and assumes all roles and responsibilities assigned to the Legally Responsible Person and the Approved Signatory Authority as mandated by the Construction General Permit. 52. CITY will provide a RESIDENT ENGINEER, licensed to practice Civil Engineering in the State of California, and construction support staff that are independent of the design engineering company and construction contractor. 53. IMPLEMENTING AGENCY will implement changes to the construction contract through contract change orders (CCOs). PARTNERS will review and concur on all CCOs over $50,000. CALTRANS must approve all CCOs affecting public safety or the preservation of property, all design and specification changes, and all major changes as defined in the CALTRANS Construction Manual prior to implementing the CCO. 54. If the lowest responsible construction contract bid is greater than the funding commitment to CONSTRUCTION CAPITAL, all PARTNERS must be involved in determining how to proceed. If PARTNERS do not agree in writing on a course of action within 15 working days, the IMPLEMENTING AGENCY shall not award the construction contract. 55. CITY will require the construction contractor to furnish payment and performance bonds naming CITY as obligee, and CALTRANS as additional obligee, and to carry liability insurance in accordance with CALTRANS specifications. 56. CITY will submit a written request to CALTRANS for any SFM identified in the PROJECT plans, specifications, and estimate a minimum of 45 days prior to the bid advertisement date for PROJECT construction contract. CITY will submit a written request to CALTRANS for any additional SFM deemed necessary during PROJECT construction. 57. CALTRANS will make SFM available at a CALTRANS - designated location after CITY requests SFM and pays CALTRANS' invoice for estimated SFM costs. 58. CITY will prepare a Quality Management Plan (QMP) for WBS activity 5.270.35.20 (Source Inspection), and will submit it to CALTRANS for review and approval. After CITY submits the proper permit application and CALTRANS approves the QMP, CALTRANS will issue the encroachment permit(s) for the construction contract. PACT Version 10.1.2011 02 18 8 of 20 District Agreement 08 -1526 59. As IMPLEMENTING AGENCY for CONSTRUCTION, CITY is responsible for maintenance within PROJECT limits as part of the construction contract. 60. PARTNERS will execute a separate maintenance agreement prior to OBLIGATION COMPLETION. 16111M Cost: General 61. The cost of any awards, judgments, or settlements generated by OBLIGATIONS is an OBLIGATIONS COST. 62. CALTRANS, independent of PROJECT, will pay all costs for HM MANAGEMENT ACTIVITIES related to HM -1 found within the existing SHS right of way. 63. CITY, independent of PROJECT, will pay, or cause to be paid, all costs for HM MANAGEMENT ACTIVITIES related to HM -1 found within PROJECT limits and outside of the existing SHS right of way. 64. HM MANAGEMENT ACTIVITIES costs related to HM -2 are CONSTRUCTION SUPPORT and CONSTRUCTION CAPITAL costs. 65. The cost to comply with and implement the commitments set forth in the environmental documentation is an OBLIGATIONS COST. 66. The cost to ensure that PROJECT remains in environmental compliance is an OBLIGATIONS COST. 67. The cost of any legal challenges to the CEQA or NEPA environmental process or documentation is an OBLIGATIONS COST. 68. Independent of OBLIGATIONS COST, CALTRANS will fund the cost of its own IQA for WORK done within existing or proposed future SHS right of way. 69. Independent of OBLIGATIONS COST, CITY will fund the cost of its own IQA for WORK done outside existing or proposed future SHS right of way. 70. CALTRANS will provide encroachment permits to PARTNERS, their contractors, consultants and agents, at no cost. 71. Fines, interest, or penalties levied against a PARTNER will be paid, independent of OBLIGATIONS COST, by the PARTNER whose actions or lack of action caused the levy. That PARTNER will indemnify and defend each other PARTNER. PACT Version 10.1.2011_02_18 9 of 20 District Agreement 08 -1526 72. Travel, per diem, and third -party contract reimbursements are an OBLIGATIONS COST only after those hired by PARTNERS to participate in OBLIGATIONS incur and pay those 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 CITY invoices for rates in excess of DPA rates, CITY will fund the cost difference and reimburse CALTRANS for any overpayment. 73. 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 are subject to the current Program Functional Rate. Local funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and the Administration Rate are adjusted periodically. 74. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY will reimburse those funds. 75. The cost to place PROJECT right of way in a safe and operable condition and meet all environmental commitments is an OBLIGATIONS cost. 76. Because IMPLEMENTING AGENCY is responsible for managing the scope, cost, and schedule of a project component, if there are insufficient funds available in this agreement to place the right of way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY accepts responsibility to fund these activities until such time as PARTNERS amend this agreement. That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process. 77. If there are insufficient funds in this agreement to implement applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, each PARTNER implementing commitments or conditions accepts responsibility to fund these activities, as they apply to each PARTNER's responsibilities, until such time as PARTNERS amend this agreement. Each PARTNER may request reimbursement for these costs during the amendment process. 78. PARTNERS will pay invoices within 30 calendar days of receipt of invoice. PACT Version 10.1.2011 02 18 10 of 20 District Agreement 08 -1526 Cost: Environmental Permits, Approvals and Agreements 79. The cost of coordinating, obtaining, complying with, implementing, and if necessary renewing and amending resource agency permits, agreements, and/or approvals is an OBLIGATIONS COST. Cost: CONSTRUCTION Support 80. The cost to maintain the SHS within PROJECT limits is an OBLIGATIONS COST until PARTNERS execute a separate maintenance agreement. Cost: CONSTRUCTION Capital 81. The cost of all SFM is a CONSTRUCTION CAPITAL cost. CALTRANS will invoice CITY for the actual cost of any SFM as a CONSTRUCTION CAPITAL cost. After PARTNERS agree that all WORK is complete, CALTRANS will submit a final accounting for all SFM costs. Based on the final accounting, PARTNERS will refund or invoice as necessary in order to satisfy the financial commitments of this agreement. SC'HEDITTY 82. PARTNERS will manage the schedule for OBLIGATIONS through the work plan included in the PROJECT MANAGEMENT PLAN. GENERAL CONDITIONS 83. PARTNERS 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 PARTNER 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 PROJECT is physically located. 84. 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. 85. Any PARTNER performing IQA does so for its own benefit. No one can assign liability to that PARTNER due to its IQA activities. 86. 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 PACT Version 10.1.2011_02_18 11 of 20 District Agreement 08 -1526 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 will fully 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 or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS and/or its agents under this agreement. 87. 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 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 will fully 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 or assertions of liability occurring by reason of anything done or omitted to be done by CITY and/or its agents under this agreement. 88. PARTNERS do not intend this agreement to create a third party beneficiary or define duties, obligations, or rights in parties not signatory to this agreement. PARTNERS do not intend this agreement to affect their legal liability by imposing any standard of care for fulfilling OBLIGATIONS different from the standards imposed by law. 89. PARTNERS will not assign or attempt to assign OBLIGATIONS to parties not signatory to this agreement. 90. PARTNERS will not interpret any ambiguity contained in this agreement against each other. PARTNERS waive the provisions of California Civil Code section 1654. 91. A waiver of a PARTNER's performance under this agreement will not constitute a continuous waiver of any other provision. An amendment made to any article or section of this agreement does not constitute an amendment to or negate all other articles or sections of this agreement. 92. 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. 93. If any PARTNER defaults in its OBLIGATIONS, a non - defaulting PARTNER will request in writing that the default be remedied within 30 calendar days. If the defaulting PARTNER fails to do so, the non - defaulting PARTNER may initiate dispute resolution. PACT Version 10.1.2011 02 18 12 of 20 District Agreement 08 -1526 94. PARTNERS will first attempt to resolve agreement disputes at the PROJECT team level. If they cannot resolve the dispute themselves, the CALTRANS district director and the executive officer of CITY will attempt to negotiate a resolution. If PARTNERS do not reach a resolution, PARTNERS' legal counsel will initiate mediation. PARTNERS agree to participate in mediation in good faith and will share equally in its costs. Neither the dispute nor the mediation process relieves PARTNERS from full and timely performance of OBLIGATIONS in accordance with the terms of this agreement. However, if any PARTNER stops fulfilling OBLIGATIONS, any other PARTNER may seek equitable relief to ensure that OBLIGATIONS continue. Except for equitable relief, no PARTNER may file a civil complaint until after mediation, or 45 calendar days after filing the written mediation request, whichever occurs first. PARTNERS will file any civil complaints in the Superior Court of the county in which the CALTRANS district office signatory to this agreement resides. The prevailing PARTNER will be entitled to an award of all costs, fees, and expenses, including reasonable attorney fees as a result of litigating a dispute under this agreement or to enforce the provisions of this article including equitable relief. 95. PARTNERS maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution. 96. If any provisions in this agreement are deemed 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 PARTNERS will automatically sever those provisions from this agreement. 97. PARTNERS intend this agreement to be their final expression and supersede any oral understanding or writings pertaining to OBLIGATIONS. 98. If during performance of WORK additional activities or environmental documentation is necessary to keep PROJECT in environmental compliance, PARTNERS will amend this agreement to include completion of those additional tasks. 99. PARTNERS will execute a formal written amendment if there are any changes to OBLIGATIONS. 100. This agreement will terminate upon OBLIGATION COMPLETION or an amendment to terminate this agreement, whichever occurs first. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, and ownership articles will remain in effect until terminated or modified in writing by mutual agreement. PACT Version 10.1.2011_02_18 13 of 20 District Agreement 08 -1526 101. The following documents are attached to, and made an express part of this agreement: SCOPE SUMMARY, FUNDING SUMMARY. DEFINITIONS CALTRANS — The California Department of Transportation CALTRANS STANDARDS — CALTRANS policies and procedures, including, but not limited to, the guidance provided in the Guide to Capital Project Delivery Workplan Standards (previously known as WBS Guide) available at http://www.dot.ca.gov/hq/projmgrnt/guidance.htm. CEQA (California Environmental Quality Act) — The act (California Public Resources Code, sections 21000 et seq.) that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those significant impacts, if feasible. CFR (Code of Federal Regulations) — The general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government. CONSTRUCTION CAPITAL — See PROJECT COMPONENT. CONSTRUCTION SUPPORT — See PROJECT COMPONENT. COOPERATIVE AGREEMENT CLOSURE STATEMENT — A document signed by PARTNERS that verifies the completion of all OBLIGATIONS included in this agreement and in all amendments to this agreement. COST — The responsibility for cost responsibilities in this agreement can take one of three assignments: • OBLIGATIONS COST — A cost associated with fulfilling OBLIGATIONS that will be funded as part of this agreement. The responsibility is defined by the funding commitments in this agreement. • PROJECT COST — A cost associated with PROJECT that can be funded outside of OBLIGATIONS. A PROJECT COST may not necessarily be part of this agreement. This responsibility is defined by the PARTNERS' funding commitments at the time the cost is incurred. • PARTNER COST — A cost that is the responsibility of a specific PARTNER, independent of PROJECT. FHWA — Federal Highway Administration FHWA STANDARDS — FHWA regulations, policies and procedures, including, but not limited to, the guidance provided at www.fhwa.dot.gov /topics.htm. PACT Version 10.1.2011 02 18 14 of 20 District Agreement 08 -1526 FUNDING PARTNER — A PARTNER that commits a defined dollar amount to fulfill OBLIGATIONS. Each FUNDING PARTNER accepts responsibility to provide the funds identified on the FUNDING SUMMARY under its name. FUNDING SUMMARY — The table that designates an agreement's funding sources, types of funds, and the PROJECT COMPONENT in which the funds are to be spent. Funds listed on the FUNDING SUMMARY are "not -to- exceed" amounts for each FUNDING PARTNER. GAAP (Generally Accepted Accounting Principles) — Uniform minimum standards and guidelines for financial accounting and reporting issued by the Federal Accounting Standards Advisory Board that serve to achieve some level of standardization. See http://www.fasab.gov/accepted.html. HM -1— Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law whether it is disturbed by PROJECT or not. HM -2 — Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by PROJECT. HM MANAGEMENT ACTIVITIES — Management activities related to either HM -1 or HM -2 including, without limitation, any necessary manifest requirements and disposal facility designations. IMPLEMENTING AGENCY — The PARTNER responsible for managing the scope, cost, and schedule of a PROJECT COMPONENT to ensure the completion of that component. IQA (Independent Quality Assurance) — Ensuring that IMPLEMENTING AGENCY's quality assurance activities result in WORK being developed in accordance with the applicable standards and within an established Quality Management Plan (QMP). IQA does not include any work necessary to actually develop or deliver WORK or any validation by verifying or rechecking work performed by another partner. NEPA (National Environmental Policy Act of 1969) — The federal act that establishes a national policy for the environment and a process to disclose the adverse impacts of projects with a federal nexus. OBLIGATION COMPLETION — PARTNERS have fulfilled all OBLIGATIONS included in this agreement, and all amendments to this agreement, and have signed a COOPERATIVE AGREEMENT CLOSURE STATEMENT. OBLIGATIONS — All responsibilities included in this agreement. OBLIGATIONS COST — See COST. OMB (Office of Management and Budget) — The federal office that oversees preparation of the federal budget and supervises its administration in Executive Branch agencies. PACT Version 10.1.2011_02_18 15 of 20 District Agreement 08 -1526 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 benef cial goal. It is not used in the traditional legal sense in which one PARTNER's individual actions legally bind the other partners. PROJECT — The undertaking to complete construction of the ramps and local street connections necessary for the Potrero Boulevard Interchange (Phase 2) on State Route 60 (SR -60), between Interstate 10 and Jackrabbit Trail. PROJECT COMPONENT — A distinct portion of the planning and project development process of a capital project as outlined in California Government Code, section 14529(b). • PID (Project Initiation Document) — The activities required to deliver the project initiation document for PROJECT. • PA &ED (Project Approval and Environmental Document) — The activities required to deliver the project approval and environmental documentation for PROJECT. • PS &E (Plans, Specifications, and Estimate) — The activities required to deliver the plans, specifications, and estimate for PROJECT. • R/W (Right of Way) SUPPORT —The activities required to obtain all property interests for PROJECT. • R/W (Right of Way) CAPITAL — The funds for acquisition of property rights for PROJECT. • CONSTRUCTION SUPPORT — The activities required for the administration, acceptance, and final documentation of the construction contract for PROJECT. • CONSTRUCTION CAPITAL — The funds for the construction contract. PROJECT COST — See COST. PROJECT MANAGEMENT PLAN — A group of documents used to guide a project's execution and control throughout that project's lifecycle. QMP (Quality Management Plan) — An integral part of the Project Management Plan that describes IMPLEMENTING AGENCY'S quality policy and how it will be used. RESIDENT ENGINEER — A civil engineer licensed in the State of California who is responsible for construction contract administration activities. Said engineer must be independent of the design engineering company and the construction contractor. SAFETEA -LU — Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users SCOPE SUMMARY — The attachment in which each PARTNER designates its commitment to specific scope activities within each PROJECT COMPONENT as outlined by the Guide to PACT Version 10.1.2011 02 18 16 of 20 District Agreement 08 -1526 Capital Project Delivery Workplan Standards (previously known as WBS Guide) available at http://www.dot.ca.gov/hq/projmgmt/guidance.htm. SHS (State Highway System) — All highways, right of way, and related facilities acquired, laid out, constructed, improved, or maintained as a state highway pursuant to constitutional or legislative authorization. SPONSOR — Any PARTNER that accepts the responsibility to establish scope of PROJECT and the obligation to secure financial resources to fund PROJECT. SPONSOR is responsible for adjusting the PROJECT scope to match committed funds or securing additional funds to fully fund the PROJECT scope. If a PROJECT has more than one SPONSOR, funding adjustments will be made by percentage (as outlined in Responsibilities). Scope adjustments must be developed through the project development process and must be approved by CALTRANS as the owner /operator of the SHS. SFM (State Furnished Material) — Any materials or equipment supplied by CALTRANS. WORK — All scope activities included in this agreement. CONTACT INFORMATION The information provided below indicates the primary contact data 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: Jamal Elsaleh, Program/Project Management Office Chief 464 West 4th Street, 6th Floor, (MS -1229) San Bernardino, California 92401 -1400 Office Phone: (909) 383 -6710 Mobile Phone: (909) 289 -5979 Fax Number: (909) 383 -4960 Email: jamal.elsaleh @dot.ca.gov The primary agreement contact person for CITY is: Ernie Egger, Director of Planning 550 E. Sixth Street Beaumont, California 92223 Office Phone: (951) 769 -8520 Email: emestegger @gmail.com PACT Version 10.1.2011_02_18 17 Of 20 SIGNATURES PARTNERS declare that: District Agreement 08 -1526 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 APPROVED CITY OF BEAUMONT APPROVED n By: By: Rayino W. lfe, District Director Date: 0 Z Z CERTIFIED AS TO FUNDS: i Br-) Asa Pacheco Budget Manager Date: LIM Mayor APPROVED AS TO FORM AND PROCEDURE By: ,o 'A 0 �� C Y ounsel Date: 2,11 q 112— PACT Version 10.1.2011 02 18 18 of 20 08- RIV -60- 28.3/30.0 EA: 34142 District Agreement 08 -1526 Project Number 0800020445 SCOPE SUMMARY PACT Version 10.1.2011 02 18 19 of 20 0 r co c o a G to Z taj V Z 5 270 Construction Engineering and General Contract Administration X 10 Construction Staking Package and Control X 15 Construction Stakes X 20 Construction Engineering Work X 25 Construction Contract Administration Work X 05 Secured Lease for Resident Engineer Office Space or Trailer X 10 Set Up Construction Project Files X 15 Pre - Construction Meeting X 20 Progress Pay Estimates X 25 Weekly Statement of Working Days X 30 Construction Project Files and General Field Office Clerical Work X 35 Labor Compliance Activities X 40 Approved Subcontractor Substitutions X 45 Coordination X 50 Civil Rights Contract Compliance X 99 Other Construction Contract Administration Products X 30 Contract Item Work Inspection X 35 Construction Material Sampling and Testing X 40 Safety and Maintenance Reviews X 45 Relief From Maintenance Process X 55 Final Inspection and Acceptance Recommendation X 60 Plant Establishment Administration X 65 Transportation Management Plan Implementation During Construction X 80 Long -Term Environmental Mitigation /Mitigation Monitoring During Construction Contract X 99 Other Construction Engineering and General Contract Administration X 5 275 Construction Engineering and General Contract Administration of Structures Work X 5 285 Contract Change Order Administration X 5 290 Resolve Contract Claims X 5 295 Accept Contract, Prepare Final Construction Estimate, and Final Report X 4 300 Final Right of Way Engineering X PACT Version 10.1.2011 02 18 19 of 20 08- RIV -60- 28.3/30.0 EA: 34142 District Agreement 08 -1526 Project Number 0800020445 FUNDING SUMMARY and c m� c d a 'a z 0 0 m CL 'a 'a iC c C> O Q' �' �' 3 +' Q. cc y N = 'a ) UN U. CL LL z O V= v) 0to 3 v)v N V LL LOCAL CITY Local $32,000,000 $7,395,000 $7,395,000 $32,000,000 $39,395,000 Subtotals by Component $32,000,000 $7,395,000 $7,395,000 $32,000,000 $39,395,000 PACT Version 10.1.2011_02_18 20 of 20 REGULAR SESSION Minutes Beaumont City Council Beaumont Financing Authority Beaumont Utility Authority Beaumont Charitable Foundation Beaumont Conservation Authority 550 E. 6th Street, Beaumont, California Regular Session (6:00 p.m.) Workshop (After Regular Session) Closed Session (after Workshop Session) Tuesday, February 7, 2012 Regular Session to begin at 6:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor Berg, Mayor Pro Tern Castaldo, Council Member De Forge, Council Member Fox, and Council Member Gall were present. Invocation: Dwight Addlemen - Lifespring Christian Church Pledge of Allegiance: Beaumont Police Explorers Presentation: Beaumont Police Explorers Beaumont High School Boys' Water Polo Proclamation Adjustments to Agenda: None 1. COUNCIL REPORTS {This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel) a) Mayor Berg — Veterans Expo, RCTC Workshop Update b) Mayor Pro Tern Castaldo — Veterans Expo, Brookside Improvements Tour, Rotary Spaghetti Bowl, Complements on Christmas Light Parade, Would like to institute a program to recognize a Community Member at each Council Meeting. C) Council Member De Forge - Beaumont Chamber Meeting Update, Spaghetti Bowl - Rotary d) Council Member Fox — Veterans Expo, Transportation Update, Public Safety Memorial e) Council Member Gall — Veterans Expo, Rotary Spaghetti Bowl, Brookside Improvements, Veteran Committee Appointment City of Beaumont Core Values: Treat everyone right; Keep a customer service focus; Effective communication; Present opportunity; Operate like a great business; Eliminate bureaucratic solutions; Embrace positive change 2. CITY MANAGER REPORTS a. Beaumont Charitable Foundation (made up of donations from citizens, employees and contractors) 1) Financial Update b. Community Information and Local Project Update 1) Financial Update 2) Preliminary 2012 -2013 Budget Schedule 3) Information Social (IS) 4) Centennial Updates 5) Construction Update 6) Successor Agency Update (Formerly RDA) 7) BCAT Update C. Calendar of Events 1) February 4, 2012 - Low Cost Animal Shot Clinic - Civic Center 2) February 9, 2012 - Information Social with Hot Cocoa 3) February 18, 2012 - Stateline Turn - Around -Trip 4) February 20, 2012 - Civic Center Closed - Presidents Day 5) March 10, 2012 - Polar Plunge - Special Olympics - Big Bear 6) 1st Wednesday of each Month - Beaumont Care Awareness Team 7) 2nd and 3rd Wednesday of Each Month - Story Time Cafe d. Rumor Control and Report on Oral and Written Communications 3. ACTION ITEMS /PUBLIC HEARING /REQUESTS a. Consent Calendar 1. Approval of all Ordinances and Resolutions to be read by title only and publish by summary 2. Approval of the Minutes of the City Council Meeting January 17, 2012 3. Approval of the Warrant List for February 7, 2012. 4. Denial of Claim - Hector Martinez 5. Denial of Claim - Javier Cano 6. Denial of Claim - Ana Carrillo 7. Denial of Claim - Beaumont Unified School District 8. Denial of Claim - Riverside County Office of Education 9. Denial of Claim - Mt. San Jacinto Community College District 10. Adoption of Ordinance No. 1010 at its second reading by title only - An Ordinance of the City Council of the City of Beaumont, California Adding Chapter 13.24 to the Beaumont Municipal Code Entitled "Storm Water and Urban Runoff Management" and Repealing Ordinance No. 763 11. Approval of Tow Agreement with Cash Boy Towing to remove abated vehicles. (moved to item 4h for further discussion) 12. Adopt Resolution No. 2012 -03 - A Resolution of the City Council of the City of Beaumont in Support of the transfer of Ontario International Airport (ONT) to Local Control 13. Approval of Charitable Funding Request: Boys Scouts of America 14. Receive and File the City of Beaumont Update of the Adopted Enforceable Obligation Payment Schedule related to the Former RDA Recommendation: Approval of the Consent Calendar as presented. Items on the consent calendar are taken as one action item unless an item is pulled for further discussion. City of Beaumont Core Values: Treat everyone right; Keep a customer service focus; Effective communication; Present opportunity; Operate like a great business; Eliminate bureaucratic solutions; Embrace positive change Item 3.a.11 was moved to item 4.h for discussion. Motion by Council Member De Forge, Seconded by Council Member Castaldo to approve the remainder of the Consent Calendar as presented. Vote: 5/0 b. Ordinance No. 1011 — An Un- codified Ordinance of the City Council of the City of Beaumont Establishing Speed Limits on Certain Streets in the City of Beaumont Recommendation: Hold a Public Hearing and Approve the 1St reading of Ordinance No. 1011 as presented. Staff report was given by Rebecca Deming, Planning Director Open Public Hearing 6:55 p.m. Ann Connors — Questions Motion by Council Member De Forge, Seconded by Council Member Fox to Approve the 1St reading of Ordnance No. 1011 and Continue the Public Hearing to the regular meeting of February 21, 2012. Vote: 5/0 C. Ordinance No. 1012 — An Ordinance of the City Council of the City of Beaumont Amending Section 6.04.080 of the Beaumont Municipal Code Regarding "Annoying or Barking Dogs Constitutes a Nuisance" Recommendation: Hold a Public Hearing and Approve the 1St reading of Ordinance No. 1012 as presented. Staff report was given by Sean Thuillez, Police Commander Open Public Hearing 7:05 p.m. Speakers: Ann Connors - Neutral Closed Public Hearing 7:07 p.m. Motion by Council Member De Forge, Seconded b Council Member Gall to approve the 1St Reading of Ordinance No. 1012 as presented. Vote: 5/0 d. Appeal of Denial of Conditional Use Permit No. 11- CUP -12 and Negative Declaration No. 11- ND -05, a proposed wireless communications facility co- location at 655 E. 51h Street Recommendation: Hold a Public Hearing and Approve Conditional Use Permit No. 11- CUP-12 and Adopt Negative Declaration No. 11- ND -05, based on the findings and subject to the conditions of approval. City of Beaumont Core Values: Treat everyone right; Keep a customer service focus; Effective communication; Present opportunity; Operate like a great business; Eliminate bureaucratic solutions; Embrace positive change Staff report was given by Kyle Warsinski, Community Development Analyst Open Public Hearing 7:15 p.m. Speakers: Bonnie Belair — Applicant Representative Closed Public Hearing 7:20 p.m. Motion by Council Member De Forge, Seconded by Council Member Fox to Approve Conditional Use Permit No. 11- CUP -12 and Adopt Negative Declaration No. 11 -ND -15 with the amendment to the Conditions of Approval to remove the requirement of adding stealth features to the facility and refund the appeal fees to the applicant. Vote: 5/0 e. Construction Cooperative Agreement with Caltrans for Potrero Blvd. Interchange (Phase 2) Recommendation: City Council approve the Construction Cooperative Agreement (Phase 2) with Caltrans and Authorize the Mayor to execute. Staff report was given by Chris Tracy, Associate Planner Open Public Hearing 7:28 p.m. Speakers: Judy Bingham — Opposed Closed Public Hearing 7:29 p.m. Motion by Council Member De Forge, Seconded by Council Member Fox to approve the Construction Cooperative Agreement (Phase 2) with Caltrans and Authorize the Mayor to Execute the Agreement. Vote: 4/1 (Council Member Gall voted no) f. VIBE — Volunteering in Beaumont Is Excellent — City Volunteer Program Recommendation: Approve the City's Newest Volunteer Program VIBE Staff report was given by Sean Thuillez, Police Commander and Eileen Rodriguez, Community Services Manager. Motion by Council Member De Forge, Seconded by Council Member Gall to approve as presented. Vote: 5/0 City of Beaumont Core Values: Treat everyone right; Keep a customer service focus; Effective communication; Present opportunity; Operate like a great business; Eliminate bureaucratic solutions; Embrace positive change g. Boards and Committee Appointments Recommendation: Mayor to make appointments to various boards and committees Mayor Berg made the following appointment to various boards and committees: Riverside County Transportation Commission (RCTC) Board Member Roger Berg / David Castaldo (alternate) Riverside Transit Agency (RTA) Board Member Jeff Fox / Brenda Knight (alternate - at large) Regional Conservation Authority (RCA) Liaison Roger Berg / David Castaldo (alternate). Beaumont Cherry Valley Recreation and Parks District Liaison Brian De Forge / Jeff Fox (alternate) Beaumont Cherry Valley Water District Liaison Brian De Forge / David Castaldo (alternate) Beaumont Unified School District Liaison Brian De Forge / David Castaldo (alternate) Transportation NOW Representative Jeff Fox / Nancy Gall Passcom Liaison Brenda Knight Legislative Liaison Brian De Forge / Jeff Fox Collaborative Agency Committee Board Member Jeff Fox / David Castaldo Mayor's Breakfast Roger Berg / David Castaldo (alternate) Highland Springs Committee Brian De Forge / David Castaldo Public Safety Memorial Committee Jeff Fox / Brian De Forge (alternate) ERICA Jeff Fox / David Castaldo (alternate) Beaumont Charitable Foundation Advisory Committee Jeff Fox / David Castaldo Successor Agency (formally Beaumont RDA) Mayor appointment: Bill Aylward Mayor employee appointment: Kyle Warsinski Recommendations for County at large: Paul St Martin / Lyle Millage City of Beaumont Core Values: Treat everyone right; Keep a customer service focus; Effective communication; Present opportunity; Operate like a great business; Eliminate bureaucratic solutions; Embrace positive change h. Approval of Tow Agreement with Cash Boy towing to remove abated vehicles. Staff was given by Frank Coe, Police Chief Speakers: Jim Bright — Opposed Motion by Council Member De Forge, Seconded by council Member Fox to approve the agreement as presented with the understanding that any tow company may request the same agreement. This is not an exclusive agreement with one business. Vote: 5/0 4. ORAL AND WRITTEN COMMUNICATIONS: Judy Bingham — Comments on Potrero Blvd. Agreement, Christmas Light Parade, and Staff Adjournment of the City Council Meeting at 8:00 p.m. RespecI#ull ISubmi , i .Ala / 636i4a4cas, City of Beaumont Core Values: Treat everyone right, Keep a customer service focus; Effective communication; Present opportunity; Operate like a great business; Eliminate bureaucratic solutions; Embrace positive change February 23, 2012 C ity of Beaumont 550 E. 6th Street Beaumont, CA 92223 (951) 769 -8520 FAX (951) 769 -8526 Email; cityhall @ci.beaumout.ca.us www.ci.beaumont ca. us Denise Craig Department of Transportation District 8, Agreements (MS 1068) 464 West 4th Street, 6th Floor San Bernardino, CA 92401 -1400 RE: Construction Cooperative Agreement Department of Transportation, CalTrans Potrero Blvd. Interchange (Phase 2) Dear Ms. Craig: Enclosed please find five (5) executed, originals of the above reverenced agreement which were approved at the regular City Council Meeting of February 7, 2012. 1 have also enclosed a copy of the City Council Minutes which show the consideration and approval. Please return one fully executed ORIGINAL to the city of Beaumont at the following address upon final execution by your board: City of Beaumont ATTN: Shelby Hanvey Deputy City Clerk 550 E. 6th Street Beaumont, CA 92223 If you have any questions, please feel free to contact us at your convenience. sincerely, L� 11� 4 Shelby Hanvey Deputy City Cl k STATE OF CALIFORNIA — BUSINESS TRANSPORTATION AND HOUSING AGENCY EDMUND G. BROWN Jr. Governor DEPARTMENT OF TRANSPORTATION DISTRICT 8 AGREEMENTS (MS 1068) 464 WEST 4TH STREET, 6TH FLOOR SAN BERNARDINO, CA 92401 -1400 PHONE (909) 383 -4068 March 13, 2012 Mr. Ernie Egger Director of Planning City of Beaumont 550 East 6th Street Beaumont, CA 92223 Dear Mr. Egger: 08- RIV -60- 28.3/30.0 EA: 34142 District Agreement 08 -1526 Project Number 0800020445 Flex your power! Be energy efficient! Enclosed for your records are two (2) executed Cooperative Agreements between the State of California Department of Transportation and the City of Beaumont for the above - referenced project. If you need more information, please contact me at (909) 383 - 4068. Sinc ely, r DE SE CRAIG Office Chief Agreements Enclosures c: Jason Bennecke, Program/Project Management "Caltrans improves mobility across California" STATE OF CALIFORNIA — BUSINESS, TRANSPORTATION AND HOUSING AGENCY EDMUND G BROWN Jr Governor DEPARTMENT OF TRANSPORTATION DISTRICT 8 AGREEMENTS (MS 1068) 464 WEST 4TH STREET, 6TH FLOOR SAN BERNARDINO, CA 92401 -1400 PHONE (909) 3834068 January 19, 2012 Mr. Ernie Egger Director of Planning City of Beaumont 550 East 6th Street Beaumont, CA 92223 Dear Mr. Egger: 08- RIV -60- 28.3/30.0 EA: 34142 District Agreement 08 -1526 Project Number 0800020445 i_'�.• `: Flex your power! Be energy efficient! Enclosed for execution by the City of Beaumont (City) are five (5) original Cooperative Agreements, District Agreement Number 08 -1526, for the above - referenced project. Please have the appropriate parties for the City sign and return all original agreements by February 19, 2012 with a certified, notarized Resolution or Minute Decree approving the agreement and authorizing the execution of the agreement. Please leave the effective date blank. The effective date will be the date the District Director signs the agreement. After the agreement is fully executed, we will return one (1) original for your records. Alterations of any kind made to the enclosed agreements will render them null and void and will require further review from the State's Legal Counsel. If you need more information, please contact me at (909) 383 -4068. Sincerely, yDISE CRAIG Office Chief Agreements Enclosures c: Jason Bennecke, Program/Project Management "Caltrans improves mobility across California" STATE OF CALIFORNIA — BUSINESS TRANSPORTATION AND HOUSING AGENCY EDMUND G. BROWN Jr. Govemor DEPARTMENT OF TRANSPORTATION DISTRICT 8 AGREEMENTS (MS 1068) 464 WEST 4TH STREET, 6TH FLOOR SAN BERNARDINO, CA 92401 -1400 PHONE (909) 383 -4068 January 27, 2012 Mr. Ernie Egger Director of Planning City of Beaumont 550 East 6th Street Beaumont, CA 92223 Dear Mr. Egger: 08- RN -60- 29.0/30.2 EA: 34141 Federal Funds District Agreement 08 -1525 Project Number 0800020444 Flex your power! Be energy efficient! Enclosed for your records are two (2) executed Cooperative Agreements between the State of California Department of Transportation and the City of Beaumont for the above - referenced project. If you need more information, please contact me at (909) 383 -4068. Sincerely, ENISE CRAIG Office Chief Agreements Enclosures c: Jason Bennecke, Program/Project Management "Caltrans improves mobility across California" (00) 08- RIV -60- 29.0/30.2 EA: 34141 Federal Funds District Agreement 08 -1525 Project Number 0800020444 CONSTRUCTION COOPERATIVE AGREEMENT This agreement, effective on '-2 o � 'Z, , 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 as CITY. For the purpose of this agreement, the term PARTNERS collectively refers to CALTRANS and CITY (all signatory parties to this agreement). The term PARTNER refers to any one of those signatory parties individually. RECITALS California Streets and Highways Code sections 114 and 130 authorize PARTNERS to enter into a cooperative agreement for performance of work within the State Highway System (SHS) right of way. 2. This agreement outlines the terms and conditions of cooperation between PARTNERS to complete the construction of the six lane overcrossing (Phase 1) at Potrero Boulevard on State Route 60 (SR -60) between Interstate 10 (I -10) and Jackrabbit Trail. For the purpose of this agreement, construction of the six lane overcrossing (Phase 1) at Potrero Boulevard on SR -60 between I -10 and Jackrabbit Trail will be referred to as PROJECT. All responsibilities assigned in this agreement to complete the construction will be referred to as OBLIGATIONS. 3. This agreement is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between PARTNERS regarding PROJECT. 4. Prior to this agreement, CITY developed the Project Report (Cooperative Agreement No. 1334 and 1334 A/1); CITY is developing the Plans, Specifications and Estimate (Cooperative Agreement No. 1334 and 1334 A/1); and CITY is developing the Right of Way Certification (Cooperative Agreement No. 1334 and 1334 A/1). 5. CITY prepared the environmental documentation for PROJECT. 6. The estimated date for OBLIGATION COMPLETION is December 31, 2016. 7. In this agreement capitalized words represent defined terms and acronyms. The Definitions section contains a complete definition for each capitalized term. PACT Version 10.1.2011_02_18 1 of 21 District Agreement 08 -1525 8. From this point forward, PARTNERS define in this agreement the terms and conditions under which they will accomplish OBLIGATIONS. RESPONSIBILITIES 9. CITY is SPONSOR for 100% of PROJECT. 10. CALTRANS will provide IQA for the portions of WORK within existing and proposed SHS right of way. CALTRANS retains the right to reject noncompliant WORK, protect public safety, preserve property rights, and ensure that all WORK is in the best interest of the SHS. 11. CITY may provide IQA for the portions of WORK outside existing and proposed SHS right of way. 12. CITY is the only FUNDING PARTNER for this agreement. CITY's funding commitment is defined in the FUNDING SUMMARY. 13. CALTRANS is the CEQA lead agency for PROJECT. 14. CALTRANS is the NEPA lead agency for PROJECT. 15. CITY is IMPLEMENTING AGENCY for CONSTRUCTION. SCOPE Scope: General 16. PARTNERS will perform all OBLIGATIONS in accordance with federal and California laws, regulations, and standards; FHWA STANDARDS; and CALTRANS STANDARDS. 17. IMPLEMENTING AGENCY for a PROJECT COMPONENT will provide a Quality Management Plan (QMP) for that component as part of the PROJECT MANAGEMENT PLAN. The District Construction Division, with input from Structure Construction must approve the Quality Management Plan (QMP) before the encroachment permit for construction is issued. 18. Any PARTNER may, at its own expense, have representatives observe any OBLIGATIONS performed by another PARTNER. Observation does not constitute authority over those OBLIGATIONS. 19. Each PARTNER will ensure that all of its personnel participating in OBLIGATIONS are appropriately qualified, and if necessary licensed, to perform the tasks assigned to them. PACT Version 10.1.2011 02 18 2 of 21 District Agreement 08 -1525 20. IMPLEMENTING AGENCY shall retain consultants and shall invite CALTRANS to participate in the selection and retention of consultants that participate in OBLIGATIONS. At least one representative from the Construction Division of CALTRANS shall participate in the selection process. A construction management firm shall not be selected without the approval by this representative. 21. If WORK is done under contract (not completed by a PARTNER's own employees) and is governed by the California Labor Code's definition of "public works" (section 1720(a)(a)), that PARTNER will conform to sections 1720 —1815 of the California Labor Code and all applicable regulations and coverage determinations issued by the Director of Industrial Relations. 22. IMPLEMENTING AGENCY for each PROJECT COMPONENT included in this agreement will be available to help resolve problems generated by that component for the entire duration of PROJECT. 23. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within SHS right of way. Contractors and/or agents, and utility owners will not perform WORK without an encroachment permit issued in their name. 24. If any PARTNER discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTNER will notify all PARTNERS within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and a plan is approved for its removal or protection. 25. PARTNERS will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for PROJECT in confidence to the extent permitted by law. Where applicable, the provisions of California Government Code section 6254.5(e) will govern the disclosure of such documents in the event that PARTNERS share said documents with each other. PARTNERS will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete PROJECT without the written consent of the PARTNER authorized to release them, unless required or authorized to do so by law. 26. If any PARTNER receives a public records request, pertaining to OBLIGATIONS, that PARTNER will notify PARTNERS within five (5) working days of receipt and make PARTNERS aware of any disclosed public records. PARTNERS will consult with each other prior to the release of any public documents related to the PROJECT. 27. If HM -1 or HM -2 is found during a PROJECT COMPONENT, IMPLEMENTING AGENCY for that PROJECT COMPONENT will immediately notify PARTNERS. PACT Version 10.1.2011_02_18 3 of 21 District Agreement 08 -1525 28. 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. 29. 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. 30. If HM -2 is found within PROJECT limits, the public agency responsible for the advertisement, award, and administration (AAA) of the PROJECT construction contract will be responsible for HM MANAGEMENT ACTIVITIES related to HM -2. 31. 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. 32. PARTNERS will comply with all of the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each PARTNER's responsibilities in this agreement. 33. IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTNERS with written quarterly progress reports during the implementation of OBLIGATIONS in that component. 34. Upon OBLIGATION COMPLETION, ownership or title to all materials and equipment constructed or installed for the operations and/or maintenance of the SHS within SHS right of way as part of WORK become the property of CALTRANS. CALTRANS will not accept ownership or title to any materials or equipment constructed or installed outside SHS right of way. 35. IMPLEMENTING AGENCY for a PROJECT COMPONENT will accept, reject, compromise, settle, or litigate claims of any non - agreement parties hired to do WORK in that component. 36. PARTNERS will confer on any claim that may affect OBLIGATIONS or PARTNERS' liability or responsibility under this agreement in order to retain resolution possibilities for potential future claims. No PARTNER will prejudice the rights of another PARTNER until after PARTNERS confer on claim. 37. PARTNERS will maintain, and will ensure that any party hired by PARTNERS to participate in OBLIGATIONS will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly PACT Version 10.1.2011 02 18 4 of 21 S District Agreement 08 -1525 accumulate and segregate incurred PROJECT costs, and provide billing and payment support. 38. PARTNERS will comply with the appropriate federal cost principles and administrative requirements outlined in the Applicable Cost Principles and Administrative Requirements table below. These principles and requirements apply to all funding types included in this agreement. 39. PARTNERS will ensure that any party hired to participate in OBLIGATIONS will comply with the appropriate federal cost principles and administrative requirements outlined in the Applicable Cost Principles and Administrative Requirements table below. Applicable Cost Principles and Administration Requirements The federal cost principles and administrative requirements associated with each organization type apply to that organization. Organization Type Cost Principles Administrative Requirements Federal Governments 2 CFR Part 225 OMB A -102 State and Local Government 2 CFR, Part 225 49 CFR, Part 18 Educational Institutions 2 CFR, Part 220 2 CFR, Part 215 Non - Profit Organizations 2 CFR, Part 230 2 CFR, Part 215 For Profit Organizations 48 CFR, Chapter 1, Part 31 49 CFR, Part 18 CFR (Code of Federal Regulations) OMB (Office of Management and Budget) Related URLs: • Various OMB Circular: http:// www. whitehouse .gov /omb /grants_circulars • Code of Federal Regulations: http: / /www.gpoaccess.gov /CFR 40. PARTNERS will maintain and make available to each other all OBLIGATIONS - related documents, including financial data, during the term of this agreement. 41. PARTNERS will retain all OBLIGATIONS - related records for three (3) years after the final voucher. 42. PARTNERS have the right to audit each other in accordance with generally accepted governmental audit standards. CALTRANS, the state auditor, FHWA, and CITY will have access to all OBLIGATIONS - related records of each PARTNER, and any party hired by a PARTNER to participate in OBLIGATIONS, 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 PACT Version 10.1.2011_02_18 5 of 21 District Agreement 08 -1525 operation. The auditing PARTNER will be permitted to make copies of any OBLIGATIONS - related records needed for the audit. The audited PARTNER will review the draft audit, findings, and recommendations, and provide written comments within 30 calendar days of receipt. Upon completion of the final audit, PARTNERS have 30 days to refund or invoice as necessary in order to satisfy the obligation of the audit. Any audit dispute not resolved by PARTNERS is subject to dispute resolution. Any costs arising out of the dispute resolution process will be paid within 30 calendar days of the final audit or dispute resolution findings. 43. PARTNERS will undergo an annual audit in accordance with the Single Audit Act of OMB Circular A -133. 44. Any PARTNER that hires another party to participate in OBLIGATIONS will conduct a pre -award audit of that party in accordance with the Local Assistance Procedures Manual. 45. PARTNERS will not incur costs beyond the funding commitments in this agreement. If IMPLEMENTING AGENCY anticipates that funding for WORK will be insufficient to complete WORK, IMPLEMENTING AGENCY will promptly notify SPONSOR. IMPLEMENTING AGENCY has no obligation to perform WORK if funds to perform WORK are unavailable. 46. If WORK stops for any reason, IMPLEMENTING AGENCY will place all facilities impacted by WORK in a safe and operable condition acceptable to CALTRANS. 47. If WORK stops for any reason, each PARTNER will continue to implement all of its applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, as they apply to each PARTNER's responsibilities in this agreement, in order to keep PROJECT in environmental compliance until WORK resumes. 48. Each PARTNER accepts responsibility to complete the activities that it selected on the SCOPE SUMMARY. Activities marked with "N /A" on the SCOPE SUMMARY are not included in the scope of this agreement. 49. Contract administration procedures shall conform to CALTRANS' Construction Manual, Local Assistance Procedures Manual (if Federal funds are used), and the PROJECT encroachment permits. 50. If the Resident Engineer is not also a registered Landscape Architect, CITY will furnish, at CITY expense and subject to approval of CALTRANS Landscape Architecture, a PACT Version 10.1.2011 02 18 6 of 21 District Agreement 08 -1525 registered Landscape Architect to perform work related to architecture treatment and landscaping and to perform the function of an Assistant Resident Engineer /Inspector who is responsible for both daily on -site inspection and final decisions including, but not limited to, any highway planting and the irrigation systems that comprise a portion of the PROJECT work, consistent with any applicable measures in the environmental commitments record. Final decisions shall continue to be subject to the satisfaction and approval of CALTRANS. 51. Within one hundred eighty (180) days following the completion and acceptance of the PROJECT construction contract, to furnish CALTRANS with a complete set of "As- Built" plans (hard copy and electronic formats) in accordance with CALTRANS' then current CADD Users Manual, Plans Preparation Manual, and CALTRANS practice. The submittal must also include all CALTRANS requested contract records, including survey documents and Records of Surveys (to include monument perpetuation per the Land Surveyor Act, section 8771, including but not limited to preconstruction monumentation documents and a post construction Record of Survey). CITY shall also submit corrected full -sized hardcopy structure plans. Scope: Environmental Permits, Approvals and Agreements 52. Each PARTNER identified in the Environmental Permits table below accepts the responsibility to complete the assigned activities. Scope: CONSTRUCTION 53. CITY will advertise, open bids, award, approve, and administer the construction contract in accordance with the California Public Contract Code and the California Labor Code. CITY will not advertise the construction contract until CALTRANS completes or accepts the final plans, specifications, and estimate package; CALTRANS approves the Right of Way Certification; and SPONSOR verifies full funding of CONSTRUCTION SUPPORT and CONSTRUCTION CAPITAL. By accepting responsibility to advertise and award the construction contract, CITY also accepts responsibility to administer the construction contract. PARTNERS agree that CITY is designated as the Legally Responsible Person and the Approved Signatory Authority pursuant to the Construction General Permit, State Water PACT Version 10.1.2011_02_18 7 Of 21 District Agreement 08 -1525 Resources Control Board (SWRCB) Order Number 2009 - 0009 -DWQ, as defined in Appendix 5, Glossary, and assumes all roles and responsibilities assigned to the Legally Responsible Person and the Approved Signatory Authority as mandated by the Construction General Permit. 54. CITY will provide a RESIDENT ENGINEER, licensed to practice Civil Engineering in the State of California, and construction support staff that are independent of the design engineering company and construction contractor. 55. IMPLEMENTING AGENCY will implement change construction contract through contract change orders (CCOs). PARTNERS will review and concur on all CCOs over $50,000. CALTRANS must approve all CCOs affecting public safety or the preservation of property, all design and specification changes, and all major changes as defined in the CALTRANS Construction Manual prior to implementing the CCO. 56. IMPLEMENTING AGENCY will use a CALTRANS- approved construction contract claims process, will administer all claims through said process, and will be available to provide advice and technical input in any claims process. 57. If the lowest responsible construction contract bid is greater than the funding commitment to CONSTRUCTION CAPITAL, all PARTNERS must be involved in determining how to proceed. If PARTNERS do not agree in writing on a course of action within 15 working days, the IMPLEMENTING AGENCY shall not award the construction contract. 58. CITY will require the construction contractor to furnish payment and performance bonds naming CITY as obligee, and CALTRANS as additional obligee, and to carry liability insurance in accordance with CALTRANS specifications. 59. CITY will submit a written request to CALTRANS for any SFM identified in the PROJECT plans, specifications, and estimate a minimum of 45 days prior to the bid advertisement date for PROJECT construction contract. CITY will submit a written request to CALTRANS for any additional SFM deemed necessary during PROJECT construction. 60. CALTRANS will make SFM available at a CALTRANS - designated location after CITY requests SFM and pays CALTRANS' invoice for estimated SFM costs. 61. CITY will prepare a Quality Management Plan (QMP) for WBS activity 5.270.35.20 (Source Inspection), and will submit it to CALTRANS for review and approval. PACT Version 10.1.2011 02 18 8 of 21 District Agreement 08 -1525 After CITY submits the proper permit application and CALTRANS approves the QMP, CALTRANS will issue the encroachment permit(s) for the construction contract. 62. As IMPLEMENTING AGENCY for CONSTRUCTION, CITY is responsible for maintenance within PROJECT limits as part of the construction contract. 63. PARTNERS will execute a separate maintenance agreement prior to OBLIGATION COMPLETION. COST Cost: General 64. The cost of any awards, judgments, or settlements generated by OBLIGATIONS is an OBLIGATIONS COST. 65. CALTRANS, independent of PROJECT, will pay all costs for HM MANAGEMENT ACTIVITIES related to HM -1 found within the existing SHS right of way. 66. CITY, independent of PROJECT, will pay, or cause to be paid, all costs for HM MANAGEMENT ACTIVITIES related to HM -1 found within PROJECT limits and outside of the existing SHS right of way. 67. HM MANAGEMENT ACTIVITIES costs related to HM -2 are CONSTRUCTION SUPPORT and CONSTRUCTION CAPITAL costs. 68. The cost to comply with and implement the commitments set forth in the environmental documentation is an OBLIGATIONS COST. 69. The cost to ensure that PROJECT remains in environmental compliance is an OBLIGATIONS COST. 70. The cost of any legal challenges to the CEQA or NEPA environmental process or documentation is an OBLIGATIONS COST. 71. Independent of OBLIGATIONS COST, CALTRANS will fund the cost of its own IQA for WORK done within existing or proposed future SHS right of way. 72. Independent of OBLIGATIONS COST, CITY will fund the cost of its own IQA for WORK done outside existing or proposed future SHS right of way. PACT Version 10.1.2011_02_18 9 of 21 District Agreement 08 -1525 73. CALTRANS will provide encroachment permits to PARTNERS, their contractors, consultants and agents, at no cost. 74. Fines, interest, or penalties levied against a PARTNER will be paid, independent of OBLIGATIONS COST, by the PARTNER whose actions or lack of action caused the levy. That PARTNER will indemnify and defend each other PARTNER. 75. CALTRANS will administer all federal subvention funds identified on the FUNDING SUMMARY. 76. Travel, per diem, and third -party contract reimbursements are an OBLIGATIONS COST only after those hired by PARTNERS to participate in OBLIGATIONS incur and pay those 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 CITY invoices for rates in excess of DPA rates, CITY will fund the cost difference and reimburse CALTRANS for any overpayment. 77. 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 are subject to the current Program Functional Rate. Local funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and the Administration Rate are adjusted periodically. 78. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY will reimburse those funds. 79. The cost to place PROJECT right of way in a safe and operable condition and meet all environmental commitments is an OBLIGATIONS cost. 80. Because IMPLEMENTING AGENCY is responsible for managing the scope, cost, and schedule of a project component, if there are insufficient funds available in this agreement to place the right of way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY accepts responsibility to fund these activities until such time as PARTNERS amend this agreement. That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process. 81. If there are insufficient funds in this agreement to implement applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, each PACT Version 10.1.2011 02 18 10 of 21 District Agreement 08 -1525 PARTNER implementing commitments or conditions accepts responsibility to fund these activities, as they apply to each PARTNER's responsibilities, until such time are PARTNERS amend this agreement. Each PARTNER may request reimbursement for these costs during the amendment process. 82. PARTNERS will pay invoices within 30 calendar days of receipt of invoice. Cost: Environmental Permits, Approvals and Agreements 83. The cost of coordinating, obtaining, complying with, implementing, and if necessary renewing and amending resource agency permits, agreements, and /or approvals is an OBLIGATIONS COST. Cost: CONSTRUCTION Support 84. The cost to maintain the SHS within PROJECT limits is an OBLIGATIONS COST until PARTNERS execute a separate maintenance agreement. Cost: CONSTRUCTION Capital 85. The cost of all SFM is a CONSTRUCTION CAPITAL cost. CALTRANS will invoice CITY for the actual cost of any SFM as a CONSTRUCTION CAPITAL cost. After PARTNERS agree that all WORK is complete, CALTRANS will submit a final accounting for all SFM costs. Based on the final accounting, PARTNERS will refund or invoice as necessary in order to satisfy the financial commitments of this agreement. SCHEDULE 86. PARTNERS will manage the schedule for OBLIGATIONS through the work plan included in the PROJECT MANAGEMENT PLAN. GENERAL CONDITIONS 87. PARTNERS 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 PARTNER 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 PROJECT is physically located. PACT Version 10.1.2011_02_18 11 of 21 District Agreement 08 -1525 88. 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. 89. Any PARTNER performing IQA does so for its own benefit. No one can assign liability to that PARTNER due to its IQA activities. 90. 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 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 will fully 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 or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS and/or its agents under this agreement. 91. 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 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 will fully 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 or assertions of liability occurring by reason of anything done or omitted to be done by CITY and/or its agents under this agreement. 92. PARTNERS do not intend this agreement to create a third party beneficiary or define duties, obligations, or rights in parties not signatory to this agreement. PARTNERS do not intend this agreement to affect their legal liability by imposing any standard of care for fulfilling OBLIGATIONS different from the standards imposed by law. 93. PARTNERS will not assign or attempt to assign OBLIGATIONS to parties not signatory to this agreement. 94. PARTNERS will not interpret any ambiguity contained in this agreement against each other. PARTNERS waive the provisions of California Civil Code section 1654. PACT Version 10.1.2011 02 18 12 of 21 District Agreement 08 -1525 95. A waiver of a PARTNER's performance under this agreement will not constitute a continuous waiver of any other provision. An amendment made to any article or section of this agreement does not constitute an amendment to or negate all other articles or sections of this agreement. 96. 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. 97. If any PARTNER defaults in its OBLIGATIONS, a non - defaulting PARTNER will request in writing that the default be remedied within 30 calendar days. If the defaulting PARTNER fails to do so, the non - defaulting PARTNER may initiate dispute resolution. 98. PARTNERS will first attempt to resolve agreement disputes at the PROJECT team level. If they cannot resolve the dispute themselves, the CALTRANS district director and the executive officer of CITY will attempt to negotiate a resolution. If PARTNERS do not reach a resolution, PARTNERS' legal counsel will initiate mediation. PARTNERS agree to participate in mediation in good faith and will share equally in its costs. Neither the dispute nor the mediation process relieves PARTNERS from full and timely performance of OBLIGATIONS in accordance with the terms of this agreement. However, if any PARTNER stops fulfilling OBLIGATIONS, any other PARTNER may seek equitable relief to ensure that OBLIGATIONS continue. Except for equitable relief, no PARTNER may file a civil complaint until after mediation, or 45 calendar days after filing the written mediation request, whichever occurs first. PARTNERS will file any civil complaints in the Superior Court of the county in which the CALTRANS district office signatory to this agreement resides. The prevailing PARTNER will be entitled to an award of all costs, fees, and expenses, including reasonable attorney fees as a result of litigating a dispute under this agreement or to enforce the provisions of this article including equitable relief. 99. PARTNERS maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution. 100. If any provisions in this agreement are deemed 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 PARTNERS will automatically sever those provisions from this agreement. 101. PARTNERS intend this agreement to be their final expression and supersede any oral understanding or writings pertaining to OBLIGATIONS. PACT Version 10.1.2011_02_18 13 of 21 District Agreement 08 -1525 102. If during performance of WORK additional activities or environmental documentation is necessary to keep PROJECT in environmental compliance, PARTNERS will amend this agreement to include completion of those additional tasks. 103. PARTNERS will execute a formal written amendment if there are any changes to OBLIGATIONS. 104. This agreement will terminate upon OBLIGATION COMPLETION or an amendment to terminate this agreement, whichever occurs first. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, and ownership articles will remain in effect until terminated or modified in writing by mutual agreement. 105. The following documents are attached to, and made an express part of this agreement: SCOPE SUMMARY, FUNDING SUMMARY. DEFINITIONS CALTRANS — The California Department of Transportation CALTRANS STANDARDS — CALTRANS policies and procedures, including, but not limited to, the guidance provided in the Guide to Capital Project Delivery Workplan Standards (previously known as WBS Guide) available at http://www.dot.ca.gov/hq/projmgrnt/guidance.htm. CEQA (California Environmental Quality Act) — The act (California Public Resources Code, sections 21000 et seq.) that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those significant impacts, if feasible. CFR (Code of Federal Regulations) — The general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government. CONSTRUCTION CAPITAL — See PROJECT COMPONENT. CONSTRUCTION SUPPORT — See PROJECT COMPONENT. COOPERATIVE AGREEMENT CLOSURE STATEMENT — A document signed by PARTNERS that verifies the completion of all OBLIGATIONS included in this agreement and in all amendments to this agreement. COST — The responsibility for cost responsibilities in this agreement can take one of three assignments: PACT Version 10.1.2011 02 18 14 of 21 District Agreement 08 -1525 • OBLIGATIONS COST — A cost associated with fulfilling OBLIGATIONS that will be funded as part of this agreement. The responsibility is defined by the funding commitments in this agreement. • PROJECT COST — A cost associated with PROJECT that can be funded outside of OBLIGATIONS. A PROJECT COST may not necessarily be part of this agreement. This responsibility is defined by the PARTNERS' funding commitments at the time the cost is incurred. • PARTNER COST — A cost that is the responsibility of a specific PARTNER, independent of PROJECT. FHWA — Federal Highway Administration FHWA STANDARDS — FHWA regulations, policies and procedures, including, but not limited to, the guidance provided at www.fhwa.dot.gov /topics.htm. FUNDING PARTNER — A PARTNER that commits a defined dollar amount to fulfill OBLIGATIONS. Each FUNDING PARTNER accepts responsibility to provide the funds identified on the FUNDING SUMMARY under its name. FUNDING SUMMARY — The table that designates an agreement's funding sources, types of funds, and the PROJECT COMPONENT in which the funds are to be spent. Funds listed on the FUNDING SUMMARY are "not -to- exceed" amounts for each FUNDING PARTNER. GAAP (Generally Accepted Accounting Principles) — Uniform minimum standards and guidelines for financial accounting and reporting issued by the Federal Accounting Standards Advisory Board that serve to achieve some level of standardization. See http://www.fasab.gov/accepted.htrnl. HM -1— Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law whether it is disturbed by PROJECT or not. HM -2 — Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by PROJECT. HM MANAGEMENT ACTIVITIES — Management activities related to either HM -1 or HM -2 including, without limitation, any necessary manifest requirements and disposal facility designations. IMPLEMENTING AGENCY — The PARTNER responsible for managing the scope, cost, and schedule of a PROJECT COMPONENT to ensure the completion of that component. PACT Version 10.1.2011_02_18 15 of 21 District Agreement 08 -1525 IQA (Independent Quality Assurance) — Ensuring that IMPLEMENTING AGENCY's quality assurance activities result in WORK being developed in accordance with the applicable standards and within an established Quality Management Plan (QMP). IQA does not include any work necessary to actually develop or deliver WORK or any validation by verifying or rechecking work performed by another partner. NEPA (National Environmental Policy Act of 1969) — The federal act that establishes a national policy for the environment and a process to disclose the adverse impacts of projects with a federal nexus. OBLIGATION COMPLETION — PARTNERS have fulfilled all OBLIGATIONS included in this agreement, and all amendments to this agreement, and have signed a COOPERATIVE AGREEMENT CLOSURE STATEMENT. OBLIGATIONS — All responsibilities included in this agreement. OBLIGATIONS COST — See COST. OMB (Office of Management and Budget) — The federal office that oversees preparation of the federal budget and supervises its administration in Executive Branch agencies. 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 which one PARTNER's individual actions legally bind the other partners. PROJECT — The undertaking to complete the construction of the six lane overcrossing (Phase 1) at Potrero Boulevard on State Route 60 (SR -60) between Interstate 10 (I -10) and Jackrabbit Trail. PROJECT COMPONENT — A distinct portion of the planning and project development process of a capital project as outlined in California Government Code, section 14529(b). • PID (Project Initiation Document) — The activities required to deliver the project initiation document for PROJECT. • PA &ED (Project Approval and Environmental Document) — The activities required to deliver the project approval and environmental documentation for PROJECT. • PS &E (Plans, Specifications, and Estimate) — The activities required to deliver the plans, specifications, and estimate for PROJECT. • R/W (Right of Way) SUPPORT —The activities required to obtain all property interests for PROJECT. • R/W (Right of Way) CAPITAL — The funds for acquisition of property rights for PROJECT. • CONSTRUCTION SUPPORT — The activities required for the administration, acceptance, and final documentation of the construction contract for PROJECT. PACT Version 10.1.2011 02 18 16 of 21 District Agreement 08 -1525 • CONSTRUCTION CAPITAL — The funds for the construction contract. PROJECT COST — See COST. PROJECT MANAGEMENT PLAN — A group of documents used to guide a project's execution and control throughout that project's lifecycle. QMP (Quality Management Plan) — An integral part of the Project Management Plan that describes IMPLEMENTING AGENCY's quality policy and how it will be used. RESIDENT ENGINEER — A civil engineer licensed in the State of California who is responsible for construction contract administration activities. Said engineer must be independent of the design engineering company and the construction contractor. SAFETEA -LU — Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users SCOPE SUMMARY — The attachment in which each PARTNER designates its commitment to specific scope activities within each PROJECT COMPONENT as outlined by the Guide to Capital Project Delivery Workplan Standards (previously known as WBS Guide) available at http://www.dot.ca.gov/hq/projmgmt/guidance.htm. SHS (State Highway System) — All highways, right of way, and related facilities acquired, laid out, constructed, improved, or maintained as a state highway pursuant to constitutional or legislative authorization. SPONSOR — Any PARTNER that accepts the responsibility to establish scope of PROJECT and the obligation to secure financial resources to fund PROJECT. SPONSOR is responsible for adjusting the PROJECT scope to match committed funds or securing additional funds to fully fund the PROJECT scope. If a PROJECT has more than one SPONSOR, funding adjustments will be made by percentage (as outlined in Responsibilities). Scope adjustments must be developed through the project development process and must be approved by CALTRANS as the owner /operator of the SHS. SFM (State Furnished Material) — Any materials or equipment supplied by CALTRANS. WORK — All scope activities included in this agreement. CONTACT INFORMATION The information provided below indicates the primary contact data 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: PACT Version 10.1.2011_02_18 17 of 21 District Agreement 08 -1525 Jamal Elsaleh, Program/Project Management Office Chief 464 West 4th Street, 6th Floor, (MS -1229) San Bernardino, California 92401 -1400 Office Phone: (909) 383 -6710 Mobile Phone: (909) 289 -5979 Fax Number: (909) 383 -4960 Email: jamal.elsaleh @dot.ca.gov The primary agreement contact person for CITY is: Alan C. Kapanicas, City Manager 550 E. Sixth Street Beaumont, California 92223 Office Phone: (951) 769 -8520 Email: ernestegger @gmail.com PACT Version 10.1.2011 02 18 18 of 21 District Agreement 08 -1525 SIGNATURES PARTNERS declare that: 1. Each PARTNER is an authorized legal entity under California state law. 2. Each PARTNER has the authority to enter into this agreement. 3. The people signing this agreement have the authority to do so on behalf of their public agencies. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION APPROVED By. '�'j "---2 Raymo W. Wolfe, PhD Distric Director Date: 1/2,511-2, CERTIFIED AS TO FUNDS: By(- Lisa Pacheco Budget Manager Date: N-3 12, CITY OF BEAUMONT APPROVED By: Mayor By APPROVED AS TO FORM AND PROCEDURE Counsel / PACT Version 10.1.2011_02_18 19 of 21 08- RIV -60- 29.0/30.2 EA: 34141 Federal Funds District Agreement 08 -1525 Project Number 0800020444 SCOPE SUMMARY PACT Version 10.1.2011 02 18 20 of 21 O z Z v 0 to ti co v v c 5 270 Construction Engineering and General Contract X Administration 10 Construction Staking Package and Control X 15 Construction Stakes X 20 Construction Engineering Work X 25 Construction Contract Administration Work X 05 Secured Lease for Resident Engineer Office Space or X Trailer 10 Set Up Construction Project Files X 15 Pre - Construction Meeting X 20 Progress Pay Estimates X 25 Weekly Statement of Working Days X 30 Construction Project Files and General Field Office X Clerical Work 35 Labor Compliance Activities X 40 Approved Subcontractor Substitutions X 45 Coordination X 50 Civil Rights Contract Compliance X 99 Other Construction Contract Administration Products X 30 Contract Item Work Inspection X 35 Construction Material Sampling and Testing X 40 Safety and Maintenance Reviews X 45 Relief From Maintenance Process X 55 Final Inspection and Acceptance Recommendation X 60 Plant Establishment Administration X 65 Transportation Management Plan Implementation During X Construction 80 Long -Term Environmental Mitigation /Mitigation X Monitoring During Construction Contract 99 Other Construction Engineering and General Contract X Administration 5 275 Construction Engineering and General Contract X Administration of Structures Work 5 285 Contract Change Order Administration X 5 290 Resolve Contract Claims X 5 295 Accept Contract, Prepare Final Construction Estimate, X and Final Report 4 300 Final Right of Way Engineering X PACT Version 10.1.2011 02 18 20 of 21 08- RIV- 60- 29.0/30.2. EA: 34141 Federal Funds District Agreement 08 -1525 Project Number 0800020444 FUNDING SUMMARY PACT Version 10.1.2011 02 18 21 of 21 C ity of Beaumont 550 E. 6th Street Beaumont, CA 92223 (951) 769 -5520 FAX (.95"1) 769 -4526 ,=nian': oi ylaallOo beaizmoni_. -a,u� www,ci,he- uanonrca,its Minute Decree Beaurnont City Council Meeting of January 17, 2012 Approval of Construction Cooperative Agreement w °th Caltrans for Potrero Blvd. Interchange (Pease 1) Recommendation: Staff recommends that the City Council approve the Construction Cooperative Agreement (Phase 1) with Caltrans and authorize the Mayor to execute the agreement. Mayor De Forge moved Item V mov -qd to itern 4.e for discussion Motion by Council Member Berg, Seconded by Council KA rnber Castaldo approve as presented. Vote: 4/1 (Council Member Gall voted no) Certification I hereby certify that the forgoing is a full, true and correct copy of an order made and entered in the City Council Minutes of January 17, 2012. DATE: January 18, 2012 Shelby Hanvey Administrative S ices Ma Deputy City Cle