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HomeMy WebLinkAbout10/3/2007 - STAFF REPORTS - 2.L.�ppLM5p O u m �I ^ c-0�/F06t��P• CITY COUNCIL STAFF REPORT OCTOBER 3, 2007 CONSENT CALENDAR Subject: AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT WITH CALTRANS FOR THE INDIAN CANYON DRIVE/INTERSTATE 10 INTERCHANGE WIDENING PROJECT From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department 11M Caltrans has submitted Amendment No. 2 to the Caltrans-City Cooperative Agreement relating to the Indian Canyon Drive/Interstate 10 Interchange Widening Project (City Project No. 00-14). A second amendment to the agreement is required to address funding and acquisition of right-of-way. RECOMMENDATION: 1) Authorize the City Manager to approve Amendment No. 2 to City Agreement No. 4429 (Caltrans Agreement No. 8-1165), a Cooperative Agreement with the California Department of Transportation (Caltrans) for the Indian Canyon Drive/Interstate 10 Interchange Widening Project (City Project No. 00-14), STAFF ANALYSIS: The original Cooperative Agreement between the City and Caltrans for the Indian Canyon Drive/Interstate 10 Interchange Project (City Project No. 00-14) was approved by City Council on December 5, 2001. The original agreement outlined responsibilities of Caltrans and the City during the design phase of the project. Amendment No. 1 to the agreement was approved by City Council on December 6, 2006, to extend the term of the agreement to December 31, 2008. Caltrans has prepared Amendment No. 2 to the agreement, which essentially restates the entire agreement to address new Caltrans responsibilities associated with the design and right-of-way phases. Now that the City has completed the environmental phase of the project, and obtained formal CEQA/NEPA approvals, the right-of-way appraisals and acquisition process has commenced. Whereas prior environmental and ITEM NO. _ _ Indian Canyon Drive/Interstate 10 Caltrans Cooperative Agreement Datober 3, 2007 Page 2 design services costs were funded by the City and CVAG, Caltrans is providing $3,383,000 in state Regional Improvement Plan (RIP) funding for the right-of-way phase. Appropriate legal provisions have been added to the agreement relating to the right-of- way phase, and the responsibilities of the City in carrying out the right-of-way acquisition process. The term of the agreement has been extended to December 31, 2014. FISCAL IMPACT: None, David J. Barakian Director of Public Works/City Engineer David H. Ready, ager ATTACHMENTS: Thomas J. Wilsol� Assistant City N4 nager 1. Agreement No. 4429 2, Amendment No. 2 to Agreement No, 4429 009002 W1 0 ;ll.;�i it9�.,d131HI I i Gay•rnrrraQ-U d,4 JWC,3 * of sz-�7 08-Riv-10-KP 53.31 (PM 33.13) Reconstruct Existing Interchange At Indian Avenue 08303 — 455700 District agreement No. 8-1165 DESIGN COOPERATNE AGREEMENT Dept of Transportation Iudian Ave Interchange ACIIEEMM- #4429 M06969, 12-5-01 This AGREEMENT, entered into on (i✓f �,f c �- 2 a� , is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and CITY OF PALM SPRINGS, a body politic and a municipal corporation of the State of California, referred to herein as "CITY". RECITALS (1) STATE and CITY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within the City of Palm Springs, County of Riverside. (2) CITY desires State highway improvements consisting of widening Indian Avenue on both sides of 1-10 near the interchange, widening or relocation existing ramps and replacing the existing overcrossing structure on Route 10 at Indian Avenue, referred to herein as "PROJECT", and is willing to fund one hundred percent (100%) of all capital outlay and staffing costs, except for costs of STATE's oversight of environmental, design and right of way activities, (3) This Project is financed with a combination of Measure "A" and Transportation Uniform Mitigation Pee (TUMF) funds. Measure W' was approved by Riverside County voters in November, 1988. (4) This Agreement supersedes any prior Memorandum of Understanding (MOLT) relating to PROJECT. (5) Construction of PROJECT will be the subject of a separate future agreement. (6) The parties hereto intend to define herein the terms and conditions under which PROJECT is to be developed, designed, and financed. 000603 AM 0 SECTION I CITY AGREES: District Agreement No. 8-1165 (1) To fund one hundred percent (100 %) of all preliminary and design engineering costs, including, but not limited to, costs incurred for the preparation of contract documents, advertising for bids, and for awarding the construction contract for PROJECT. (2) To have a Project Report (PR), including all necessary environmental documentation (E'D), and detailed Plans, Specifications, and Estimate (PS&E) and all required Right of Way (R/W) maps prepared, at no cost to STATE, and to submit each to STATE for STATE's review and concurrence at appropriate stages of development. The PR and the final PS&E for PROJECT shall be signed by a Civil Engineer registered in the State of California. (3) To permit STATE to monitor and participate in the selection of personnel who will prepare the PR, conduct environmental studies and obtain approval for PROJECT, prepare the PS&E, and provide the right of way engineering services, and to permit STATE to oversee the performance of right of way activities. CITY agrees to consider any request by STATE to discontinue the services of any personnel considered by STATE to be unqualified on the basis of credentials, professional expertise, failure to perform in accordance with the scope of work and/or other pertincru criteria. (4) Personnel who prepare the PS&E and right of way maps shall be made available to STATE, at no cost to STATE, through completion of construction of PROJECT to discuss problems which may arise during construction and/or to make design revisions for contract change orders. (5) Not to use finds from STATE for any capital and support costs for PROJECT. (6) To make written application to STATE for necessary encroachment permits authorizing entry of CITY onto the State highway right of way to perform surveying and other investigative activities required for preparation of the PR, ED, R/W maps and/or PS&E. (7) To identify and locate all utility facilities within the area of PROJECT as part of the design responsibility for PROJECT. All utility facilities not relocated or removed in advance of construction shall be identified on the PS&E for PROJECT. OGM4 District Agreement No. 5-1165 (8) To identify and locate all high and low risk underground facilities within the area of PROJECT and to protect or otherwise provide for such facilities, all in accordance with STATE's "Manual on High and Low Risk Underground Facilities Within Highway Rights of Way." CITY hereby acknowledges receipt of STATE's "Manual on High and Low Risk Underground Facilities Within Iiighwav Rights of Way." (9) If any existing public and/or private utility facilities conflict with the construction of PROJECT or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their protection, relocation, or removal in accordance with STATE's policy and procedure for those facilities located within the limits of work included in the improvement to the State highway and is accordance with CITY's policy for those facilities which are or will be located outside of the limits of the State highway. The total costs to PROJECT of such protection, relocation, or removal within the present of future State highway right of way shall be determined in accordance with STATE's policies and procedures. (10) To furnish evidence to STATE, in a form acceptable to STATE, that arrangements have been made for the protection, relocation, or removal of all conflicting facilities within the State highway right of way and that such work will be completed prior to the award of the contract to constrict PROJECT or as covered in the PS&E for said contract. This evidence shall include a reference to all required State highway encroachment permits. (11) CITY shall require any utility owner and/or its contractor performing the protection of relocation work within the State highway right of way to obtain an encroachment permit from STATE prior to the performance of said work. (12) To acquire and furnish all right of way, if any, outside of the existing State highway right of way and to perform all right of way activities, including all eminent domain activities, if necessary, at no cost to STATE., and in accordance with procedures acceptable to STATE. These activities shall comply with all applicable State and federal laws and regulations, subject to STATE's oversight to insure that the completed work is acceptable for incorporation into the State highway right of way. (13) To utilize the services of a qualified public agency or a qualified consultant, as determined by STATE's District Division Chief of Right of Way, in all matters related to the acquisition of right of way in accordance with STATE's procedures as published in STATE's current Right of Way Manual. Whenever personnel other than personnel of a qualified public agency are utilized, administration of the personnel com act shall be performed by a qualified Right of Way person employed or retained by CITY. 000005 0 0 District Agreement No. 8-1165 (14) To certify legal and physical control of right of way ready for construction and that all right of way parcels were acquired in accordance with applicable State and federal laws and regulations, subject to review and concurrence by STATE prior to the advertisement for bids for the contract to construct PROJECT. (15) To deliver to STATE legal tide to the right of way, including access rights, free and clear of all encumbrances detrimental to STATE's present and future uses not later than the date of acceptance by STATE of maintenance and operation of the highway facility. Acceptance of said title by STATE is subject to a review of a Policy of Title Insurance in the name of the State of California to be provided and paid for by CITY. (16) To provide, at no cost to STATE, survey and mapping services necessary to perpetuate existing land net and alignment monumentation in accordance with Sections 8771 and 8765 of the Business and Professions Code; and to permanently monument the location of all roadway alignments, realignments, and right of way acquisitions. All of the above are to be shown on a Record of Survey filed with the County Surveyor. CITY shall deliver one copy of any field notes, filed Corner Records, and the Record of Survey required for execution of the above obligation, to STATE's District 08 Survey Branch. (17) To prepare Right of Way Engineering Hard Copies, Right of Way Appraisal Maps, Record of Sun7eys, and Right of Way Record Maps in accordance with the State of California right of Way manual, Chapter 6 - Right of Way Engineering, the State of California drafting and Plans Manual, the State of California Surveys manual Chapter 10, applicable State laws, and other pertinent reference materials and examples as provided by STATE. (18) To have all necessary Right of Way Maps and Documents used to acquire right of way by CITY, prepared by or under the direction of a person authorized to practice land surveying in the State of California. Each Right of Way Map and Document shall bear the appropriate professional seal, certificate nuirrber, expiration date of registration certification and signature of the licensed person in "Responsible Charge of Work". (19) To submit to STATE for review and acceptance all Right of Way Engineering Hard Copies and Right of Way Appraisal maps with appurtenant back-up and reference data prior to preparation of legal descriptions and acquisition documents. (20) To be responsible, at CITY's expense, for the investigation of potential hazardous material sites within and outside of the existing State highway right of way that would impact PROJECT as part of the responsibility for the ED for PROJECT. If CITY encounters hazardous material or contamination within the existing State highway right of way during said investigation, CITY shall immediately notify STATE and responsible control agencies of such discovery. 000006 0 i District Agreenrcnt No. 8-1165 (21) If CITY desires to have STATE advertise, award and administer the construction contract for PROJECT, CITY shall provide all plans prepared by CITY or CITY's consultant on Micro Release or Microstation SE VO5.07.01.14_ Windows x 86, _dgn files with media type ISO standard CD Rom format for review and approval, One copy of the data including the Engineer's electronic signature and seal, shall be provided to STATE upon completion of the final PS&L for PROJECT. STATE reserves the right to modify the requirements and STATE shall provide CITY advance notice of any such modifications. Final plans and Standard Provisions shall be signed by a Civil Engineer registered in the State of California. (22) To obtain, at CITY's expense, all necessary permits and/or agreements from appropriate regulatory agencies. All mitigation, monitoring, and/or remedial action requited by said permits shall constitute parts of the cost of PROJECT. SECTION II STATE AGREES: (1) At no cost to CITY, to provide quality assurance activities of all work on PROJECT done by CITY, including, but not limited to, all right of way activities undertaken by CITY or its designee, and to provide prompt reviews and approvals, as appropriate, of submittals by CITY, and to cooperate in timely processing of PROJECT. (2) Upon proper application by CITY, to issue, at no cost to CITY, an encroachment permit to CITY authorizing entry onto the State highway right of way to perform survey and other investigative activities required for preparation of the PR, ED, R/W maps and/or PS&E. If CITY uses consultants rather than its own staff to perform required work, the consultants will also be required to obtain a separate encroachment permit. These permits will be issued at no cost upon proper application by the consultants. SECTION Ill IT IS MUTUALLY AGREED: (1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature to STATE. for the purposes of fulfilling STATE's obligations herein. 000007 0 0 District Agreement No. 8-1165 (2) The parties hereto will carry out PROJECT in accordance with the Scope of Work, attached and made a part of this Agreement, which outlines the specific responsibilities of the parties hereto. The attached Scope of Work may be modified in writing in the future to reflect changes in the responsibilities of the respective parties. Such modifications shall be concurred with by CITY's Director of Public Works or other official designated by CITY and STATE's District Director for District 08 and become a part of this Agreement after execution of the amending document by the respective officials of the parties. (3) The Project Study Report (PSR) for PROJECT approved on January 6, 1998, and the Cooperative Agreement Report (CAR) by this reference, shall become part of this Agreement. (4) The basic design features (as defined in Attachment 3 of the Scope of Work for PROJECT) shall comply with those addressed in the approved PSR, unless modified as required for environmental clearance and/or FHWA approval of PROJECT. (5) The design, right of way acquisition, and preparation of environmental documents for PROJECT shall be performed in accordance with STATE's standards and practices current as of the date of performance- Any exceptions to applicable design standards shall first be approved by STATE via the processes outlined in STATE's Highway Design Manual and appropriate memorandums and design bulletins published by STATE. In the event that STATE proposes and/or requires a change in design si<-tndards, implementation of new or revised design standards shall be done as part of the work on PROJECT in accordance with STATE's current Highway Design Manual Section 82.5, "Effective Date for Implementing Revisions to Design Standards". STATE shall consult with CITY in a timely manner regarding effect of proposed and/or required changes on PROJECT. (6) CITY's share of all changes in development and construction costs associated with modifications to the basic design features as described above shall be in same proportion as described in this Agreement, unless mutually agreed to the contrary by STATE and CITY in a subsequent amendment to this Agreement. (7) Any hazardous material or contamination of an I-IM-1 category found within the existing State highway right of way requiring remedy or remedial action, as defined in Division 20, Chapter 6.8 ct seq. of the Health and Safety Code, shall be the responsibility of STATE, at STATE expense. For the purpose of this Agreement, hazardous material or contamination of HM-I category is defined as that level or type of contamination which State or Federal regulatory control agencies having jurisdiction Lave determined must be remediated by reason of its mere discovery, regardless of whether it is disturbed by PROJECT or not. STATE shall sign the HM-1 manifest and, if STATE determines, in its sole judgment, that STATE's cost for remedy or remedial action is increased due to PROJECT, that additional cost identified by STATE shall be borne by CITY. STATE will exert every effort to fund the remedy or remedial action for which STATE is 000008 0 1 i District Agreement No, 8-1165 responsible. In the event STATE is unable to provide funding, CITY will have the option to either delay PROJECT until STATE is able to provide funding or CITY may proceed with the remedy or remedial action at CITY expense without any subsequent reimbursement by STATE. (8) The remedy or remedial action with respect to any hazardous material or contamination of an IIM-2 category found within the existing State highway right of way shall be the responsibility of CITY, at CITY expense, if CITY decides to proceed with PROJECT. Por the purposes of this Agreement, hazardous material or contamination of PIM-2 category is defined as that level or type of contamination which said regulatory control agencies would have allowed to remain in place if undisturbed or otherwise protected in place should PROJECT not proceed. CITY shall sign any HM-2 storage manifest if PROJECT proceeds and PIM-2 material must be removed in lieu of being treated in place. If CITY decides to not proceed with PROJECT, there will be no obligation to either CITY or STATE other than CITY's duty to cover and protect 11M-2 material left in place. (9) If hazardous material or contamination of tither PIM-1 of IIM-2 category is found on new right of way to be acquired by CITY for PROJECT, CITY, as between CITY and STATE only, shall be responsible, at CITY expense, for all required remedy or remedial action and/or protection and shall guarantee STATE that said new right of way is clean prior to transfer of title to STATE in accordance with Article (15) of Section I of this Agreement. The generator of the hazardous material or, if none can be identified or found, the present property owner, whether a private entity or a local public agency, or CITY, as a last resort, shall sign the manifest. (10) Locations subject to remedy or remedial action and/or protection include utility relocation work required for PROJECT. Costs for remedy and remedial action and/or protection shall include, but not limited to, the identification, treatincnt, protection, removal, packaging, transportation, storage, and disposal of such material. (11) The party responsible for funding any hazardous material cleanup shall be responsible for the development of the necessary remedy and/or remedial action plans and designs. Remedial actions proposed by CITY on the Stare highway right of way shall be pre - approved by State and shall be performed in accordance with STATE's standards and practices and those standards mandated by the Federal and State regulatory agencies. (12) Should any portion of PROJECT be financed with Fedcral funds or state gas tax ;funds, all applicable laws, regulations and policies relating to the use of such hinds shall apply, notwithstanding other provisions of this Agreement. (13) A separate Cooperative Agreement will be required to cover responsibilities and funding for the construction phase of PROJECT. 000002, 0 i District Agreement No. 8-1165 (14) Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the development, design, construction, operation or maintenance of State highways and public facilities different from die standard of care imposed by law. (15) Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in Connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless STATE and all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY tinder or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. (16) Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE wider or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understond and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. (17) This Agreement may be ternainated or provisions contained herein may be altered, changed, or amended by mutual consent of the parties hereto. (18) Except as otherwise provided in Article (17) above, this Agreement shall terminate upon completion and acceptance of the construction contract for PROJECT, or on December 31, 2006, whichever is earlier in time. NOTE; Signatures are on the following page. 0000"0 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JEFF MORALES Director of Transportation ANNE E. MAYE.R X 'District Director APPROVED AS TO FORM AND PROCEDURE: i Attorney, Department of Transportation CERTIFIED AS TO FUNDS: --a District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: [ eco6ting Administrator Ll District Agreement No. 8-1165 CITY of PALM SPRINGS city Manager Atte t;- �y City Clerk T APPROVED AS TO FORM AND PROCEDURE: By: u •e1 ,,4 4AY �r 000061.i District Agreement No. 5-1165 SCOPE Or WORK This Scope of Work outlines the specific areas of responsibility for various project development activities for the proposed widening of Indian Avenue on both sides of I-10, widening or relocation of existing ramps and replacing the existing overcrossing structure at I-10 and Indian Avenue. CITY will be the Lead Agency for CEQA and STATE will be the State Lead Agency for NLPA and a CEQA Responsible Agency. The Federal Highway Administration (FFIWA) will be the Federal Lead Agency for NEPA. CITY will assess impacts of PROJECT on the environment and, if necessary, CITY will prepare the environmental Document(s) (ED) to meet the requirements of CEQA and NEPA. The draft and final ED will require STATE's review and approval prior to public circulation. CITY will provide all data for and prepare drafts of the Draft Project Report (DPR) and the Project Report (PR). STATE will review and process the reports and request approval of PROJECT and ED by the FHWA. CITY will be responsible for the public hearing process. 2. CITY and STATE concur that the proposal is a Category AA as defined in STATE's Project Development Procedures Manual. 3. CITY will submit drafts of environmental technical reports and individual sections of the draft environmental documents to STATE, as they are developed, for review and comment. Traffic counts and projections to be used in the various reports shall be supplied by STATE if available, or by CITY. Existing traffic data shall be furnished by CITY. 4. STATE will review, monitor, and approve all project development reports, studies, and plans, and provide all necessary implementation activities up to, but not including advertising of PROJECT. 5. The existing freeway agreement need not be revised. 6. All phases of the PROJECT, from inception through construction, whether done by CITY or STATE, will be developed in accordance with all policies, procedures, practices, and standards that STATE would normally follow. Detailed steps in the project developrrrent process are attached to this Scope of Work. These attachments are intended as a guide to STATE's and CITY's staff. xo 000012 PROJECT ACfTVITY u ATTACHMENT PLANNING PHASE ACTIVITIES r--I u District Agreement No, 5-1165 RESPONSIBILITY STATE CITY ENV)RONMENTAL ANALYSIS & DOCUMENT PREPARATION Establish Project Development Team (PDT) X X Approve PDT X Project Category Determination X Prepare Preliminary Environmental Assessment X Identify Preliminary Alternatives and Costs X Prepare and Submit Environmental Studies and Reports X Review and Approve Environmental Studies and Reports X Prepare and Submit Draft Environneutal Document (DED) X Review DED in District X 2. PROJECT GEOMETRICS DEVELOPMENT Prepare Existing Traffic Analysis X Prepare Future Traffic Volumes for Alternatives X Prepare Project Geometries and Profiles X Prepare Layouts and Estimates for Altemativeb X Prepare Operational Analysis for Alternatives X Review and Approve Project Geometries and Operational Analysis X 3. PROJECT APPROVAL Lead Agency for Environment Compliance Certifies ED in Accordance with its Procedures X X Prepare Draft Project Report (APR) X Finalize and Submit Project Report with Certified ED for Approval X Approve Project Report X 11 0000713 i 0 District Agreement No. 8-1165 ATTACHMENT DESIGN PHASE ACTIVITIES RESPONSIBILITY PRO.IECT ACTIVITY STATE CITY 1. PRELUVE NARi° COORDINATION Request I - Phase EA X Field Review of Site X x Provide Geometries X Approve Geometries X Obtain Surveys & Aerial Mapping X Obtain Copies of Assessor Maps and other R/W Maps x Obtain Copies of As-Builts x Send Approved Geometries to Local Agencies for Review Y Revise Approved Geometries if Required X Approve Final Geometries X Determine Need for Permits from other Agencies X x Request Permits x Initial Hydraulics discussion with District Staff X Initial Electrical Design discussion with District Staff X Initial Traffic & Signing discussion with District Staff Y Initial Landscape Design discussion with District Staff X Plan Sheet Format Discussion X X 2. ENGI NEERING STUDIES AND REPORTS Prepare & Submit Materials Report & Typical Section x Review and Approve Materials Report & Typical Section X Prepare & Submit Landscaping Recommendation X Review & Approve Landscaping Reconnnendation x Prepare & Submit Hydraulic Design Studies x Review & Approve I3ydraulic Design Studies X Prepare & Submit Bridge General Plan & Structure Type Selection X Review & Approve Bridge General Plan & Structure Type Selection X 12 000014 0 District Agreement No. 8-1165 RESPONSIBILITY PROJECT ACTIVITY STATE CITY 3. R/W ACQUISITION & UTILITIES (Used when qualified Local Agency is performing R/W activities). Request Utility Verification X Request Preliminary Utility Relocation Plans from Utilities X Prepare R/W Requirements X Prepare R/W and Utility Relocation Cost Estimates X Submit R/W Requirements & Utility Relocation Plans for Review X Review and Conmient on R/W Requirements X Longitudinal Encroachment Review X Longitudinal Encroachment Application to District X Approve Longitudinal Encroachment Application X Request Final Utility Relocation Plans X Check Utility Relocation Plans X Submit Utility Relocation Plans for Approval X Approve Utility Relocation Plans X Submit Final RIW Requirements for Review & Approval X Fence and Excess Land Review X R/W Layout Review X Approve R/W Requirements X Obtain Title Reports X Complete Appraisals X Review and Approve Appraisals for Setting Just Compensation X Prepare Acquisition Documents X Acquire RIW X Open escrows and Make Payments X Obtain Resolution of Necessity X Perform Eminent Domain Proceedings X Provide Displacee Relocation Services X Prepare Relocation Payment Valuations X Provide Displacee Relocation Payments X Perform Property Management Activities X Perform R/W Clearance Activities X Prepare and Submit Certification of R/W X Review and Approve Certification of R/W X Transfer R/W to STATE X Approve and Record Title Transfer Documents X Prepare R/W Record Maps X 13 00aa15 District Agreement No. 8-1165 RESPONSIBILITY PROTECT ACTIVITY STATE CITY 4. PREPARATION OF PLANS, SPEC:IUCATIONS AND ESTIMATES Prepare and Submit Preliminary Stage Construction Plans X Review Preliminary Stage Construction Plans X Calculate and Plot Geometries X Cross -Sections & Earthwork Quantities Calculation X Prepare Traffic Management Plan X Review Traffic Management Plan x Prepare and Submit BEES Estimate X Put Estimate in BEES X Local Review of Preliminary Drainage Plans and Sanitary Sewer and Adjusrment Derails X Prepare & Submit Preliminary Drainage Plans X Review Preliminary Drainage Plans X Prepare Traffic Striping and Roadside Delneation Platys and Submit for Review Review Traffic Striping and Roadside Delineation Plans X Prepare & Submit Landscaping and/or Erosion Control Plans X Review Landscaping and/or Erosion Control Plans X Prepare & Submit Prelbninary Electrical Plans X Review Preliminary Electrical Plans X Prepare & Submit Preliminary Signing Plans X Review Preliminary Signing Plans X Quantity Calculations X Safety Review X X Prepare Specifications x Prepare & Submit Checked Structure Plans X Review & Approve Checked Structure Plans X Prepare Final Contract Plans x Prepare Lane Closure Requirements X Review and Approve Lane Closure Requirements X Prepare & Submit Striping Plan X Review & Approve Striping Plan x Prepare Final Estimate X Prepare & Submit Draft PS&E X Review Draft PS&E X Finalize & Submit PS&E to District X 1.4 690016 0 W District Agreement No. 5-1165 ATTACHMENT 3 DEFINITIONS Basic Design Features - A general description of the facility: The project proposal consists of modifying the existing diamond type L-I interchange on Interstate 10 in the Coachella Valley at Indian Avenue (Br #56-0392, KP 53.32) to either a new partial cloverleaf or new tight diamond with EB on and off hook ramps. Improvements will extend from approximately KP 52,62 west of Indian Avenue to approximately KP 53.95 to die east. Elements of this proposal include proposed alternatives which consist of an addition of a loop on -ramp in the northeast quadrant, a hook on -ramp in the southwest quadrant, re- alignment of the WB off and EB off -ramps, increase in intersection spacing, bridge replacement for Indian Avenue OC, adjustment of access to adjacent businesses, and traffic signal additions, deletions and modification. 2. The existing design speed of i-10 is 130 km/hr. The improvements to the interchange do not involve realignment to the existing horizontal or vertical design. The existing design speed of Indian Avenue is 50 kph (32 mph). The proposed design produces a design speed of 55 kph (35 mph). 3. The 1-10 at Indian Avenue is an eight -lane freeway with no auxiliary lanes. The hidian Avenue/I-10 interchange is located west of the Monterey Interchange (PM 44.64). The improvements to the interchange do not include modification to the existing 1-10 eight -lane configuration. Indian Avenue as currently exists, consists of a bridge overcrossing with two 3.658 meter (12 foot) lanes. The proposed alternatives for Indian Avenue allow for six 3.658 meter (12 foot) lanes, a 4.267 meter (1 d foot) median, and 2.438 meter (8 foot) shoulders. 15 OU"01 s 0 0 District Agreement No. 8-1165 4. Soundwalls are anticipated for the developnnent of a future lodging facility location in the south west quadrant of the interchange. No ramp or mainline additions of k1OV are incorporated into the design alternatives - However, the design alternatives do allow for future addition of mainline HOV with minimal ramp reconstruction. The bridge is being widened to accommodate the 33.5 meter (110 foot) arterial designation per the County of Riverside. The widening will bell) accommodate the anticipated increase of traffic volumes along Indian Avenue through the year 2030. The existing ramps are not metered and it is anticipated that re -configuration of the interchange will not include ramp metering at time of construction. Potential Nonstandard Features A design exception is potentially required for the following: Advisory 1. Alt. #I: Distance between Ramp Intersection and Local Road Intersection (20'hAvenue/I-10 WB on and off ramps) is 83m. The advisory standard is 160m. Alt. #2: Distance between Ramp Intersection and Local Road Intersection (20"'Avenue/I-10 WB on and off -ramps) is 125m. The advisory standard is 160m. Mandatory 1. A1 #1: Distance between Ramp Intersection and Local Road Intersection (20"Avenue/I-10 WB on and off -ramps) is 83m. The mandatory standard is 1251n. 2. Alt. #I:Nonstandard superelevation rate - BB "free -right" on -ramp from, Indian Avenue WB "free -right" on -ramp from Indian Avenue. 3. Alt #2: Nonstandard superclevatiou rate - EB "free -right" on-rannp from Indian Avenue. 16 00001 W01 n j RNTa Ct T Y OF PALM, SPAIN: ;S Seri 2743 ;NAUV: SPRINGS, CA G253 OS-Riv-10-KP 53-31 (PM 33.13) Reconstruct Existing Interchange At Indian Avenue EA 455700 District Agreement No- 8-1165 A/1 AIVMNDMENT NO.1 TO AGREEMENT NO. 8-1165 This AMiNDMENT N0.1 to AGREEMENT NO. 8-1165, entered into efFective on /T ,0-1v .-zY 2006, is between the STATE OF CALIFORNfA, acting by and through its Dcp-4xtment of Transportation, referred to herein as "STATE," and the CITY OF PALM SPRINGS, a body politic and a municipal corporation of the State of California, referred to herein as "CITY " RECITALS The parties hereto entered into Agreement 8-1165 (Document No. 015237) on December 5, 2001, said Ageemeat defining the terms and conditions of a project to widen Indian Avenue on both sides oft-10 near the interchange, widening or relocation of existing ramps and replacing the existing overerossing sneturo on Route 10 at Indian Avenue, referred to herein as "PROTECT." 2. It has been determined that PROTECT work and construction cannot be completed prior to the tennination date of said Agreement. IT IS TRE REFOPXi MUTUALLY AGREED: SECTION TIT, "IT IS MUTUALLY AGREED," Articlel8 of the original Agreement is replaced in its entirety to read as follows: "lixcepl as otherwise provided in Article (17) above, this Agreement shall terminate upon satisfactory completion (all claims paid, if airy) and acceptance of the PROTECT construction contract, or on December 31, 2008, whichever is earlier in time, except those provisions which relate to indemnification, ownership, operation and maintermice of PROJECT will not terminate unless expressly so provided in a lormal arnerrdmcnt to this Agreement." 2. All other terms and conditions of said AZrecmcnt No. 5-1165 (Document No- 015237) shall remain in full force and effect. 00001Iq District Ag. eemeut No. 8-1165 A/1 This Amendment No. 1 to Agreement is hereby deemed to be a pare of Ageement No. 8-1165 (17octimentNi o_ 015237). STGNATURES ON FOLLOWiNGPAGL•: 000020 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATTON District Agreement No. 5-1165 A/1 � lvmJm2a1m3'2l4QLcl WILL KEMPTON 1 B"���l' Director City Manager J By� j , c/,,, MICELUL A. PEROVICH i District Director APPROVED AS TO FORM AND PROCF,DUR& Attorney, Department of Transportation CERTIFIED AS TO FUNDS: By: aizemvJ, District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POL1CILS: ing Adntint�rator City ClerkZ -- f(ol/ f _ By: Conns�l PHROVED BYOf COUftiCI[ REft1R,1 ,O: wu � il • P^Y 27.33 3 000021 District Agreement No. 8-1165 A/2 08-Riv-10-KP 53.31 (PM 33,13) Reconstruct Existing Interchange At Indian Avenue EA 455700 District Agreement No, 8-1165 A/2 AMENDMENT NO.2 TO AGREEMENT NO.8-II65 This AMENDMENT NO.2 to AGREEMENT NO. 8-1165, entered into effective on . 2007, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE," and the CITY OF PALM SPRINGS, a body politic and a municipal corporation of the State of California referred to herein as "CITY." RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code sections 114 and 130, are authorized to enter into a Cooperative Agreement for improvements to the State Highway System (SHS) within CITY's jurisdiction. 2. The parties hereto entered into Agreement 8-1165 (Document No. 015237) on December 5, 2001, defining the terms and conditions of a project to widen Indian Avenue on both sides of Interstate 10 (1-10) near the interchange, widening or relocation of existing ramps and replacing the existing overerossing structure on I-10 at Indian Avenue, referred to herein as "PROJECT." 3. The parties hereto entered into Agreement 8-1165 A/I on December 28, 2006, to extend the termination date specified in Section 111, Article 18, of the original Agreement No. 8-1165 to December 31, 2008 instead of December 31, 2006. 4. STATE intends to contribute Regional Improvement Program (RIP) funds in the lump sum total not to exceed amount of $3,383,000 for PROJECT Right of Way capital and support costs. 5. STATE's costs for Independent Quality Assurance (IQA) of preliminary engineering, Plans, Specifications and Estimates (PS&E), right of way activities, and STATE's costs incurred as the California Environmental Quality Act (CEQA) Lead Agency in the 000022 District Agreement No. 8-1165 A/2 review of the PROJECT environmental documentation prepared entirely by CITY, and STATE's oversight efforts for the NEPA process if applicable will all be borne by STATE. 6. CITY will use Local Funds for all remaining PROJECT costs, as shown on Exhibit A, attached to and made a part of this Agreement. The terns of this Agreement shall supersede any inconsistent terns of any prior Memorandum of Understanding (MOU) or agreement relating to PROJECT. 8. PROJECT landscape maintenance and construction will be the subject of a separate future agreement or agreements. This Agreement will define the roles and responsibilities of the CEQA Lead Agency and CEQA Responsible Agency regarding the environmental documentation, studies, and reports necessary £or compliance with CEQA. This Agreement will also define roles and responsibilities for compliance with the National Environmental Policy Act (NEPA), if applicable. 10. STATE and CITY now intend to replace in its entirety District Agreement No. 8-1165 with Amendment No. 2 under which PROJECT is to be developed, designed, and financed. This Agreement will define herein the revised terms and conditions to widen Indian Avenue on both sides of I-10 near the interchange, widening or relocation of existing ramps and replacing the existing overcrossing structure on I-10 at Indian Avenue, referred to herein as "PROJECT." SECTION I CITY AGREES: To provide all necessary preliminary engineering, PS&E, and all right of way activities for PROJECT and bear the actual expense thereof using Local Funds and to pay all additional PROJECT costs except for STATE's lump sum total not to exceed amount of S3,383,000 towards Right of Way capital and support cost for PROJECT. 2. To account for all PROJECT costs to be paid for by STATE pursuant to this Agreement. To submit a billing in the amount of S3,383,000 to STATE within thirty (30) days upon execution of this Agreement. Said billing represents STATE's lump sum total not to exceed amount for Right of Way capital and support costs for PROJECT. 4. All PROJECT work performed by CITY, or performed on CITY's behalf, shall be performed in accordance with all State and Federal laws, regulations, policies, procedures, and standards that STATE would normally follow. All such PROJECT work 2 000023 District Agreement No. 8-1165 A/2 shall be submitted to STATE for STATE's review, comment, and concurrence at appropriate stages of development. All PROJECT work, except as set forth in this Agreement, is to be performed by CITY. Should CITY request that STATE perform any portion of PROJECT work, except as otherwise set forth in this Agreement, CITY shall first agree to reimburse STATE for such work pursuant to an amendment to this Agreement or a separate executed agreement. 6. To have a Project Report (PR) and detailed Plans, Specifications, and Estimates (PS&E) prepared, at no cost to STATE, and to submit each to STATE for STATE's review and concurrence at appropriate stages of development. The PR, and the final PS&E for PROJECT shall be signed on behalf of CITY by a Civil Engineer registered in the State of California. CITY agrees to provide landscape plans prepared and signed by a licensed California Landscape Architect. To have all necessary Right of Way Maps and Documents used to acquire right of way by CITY prepared by or under the direction of a person authorized to practice land surveying in the State of California. Each Right of Way Map and Document shall bear the appropriate professional seal, certificate number, expiration date of registration certification and signature of the licensed person in Responsible Charge of Work. S. To permit STATE to monitor, participate, and oversee the selection of personnel who will prepare the PR, conduct enviromnental studies and prepare environmental documentation, prepare the PS&E, provide right of way engineering services, and provide right of way acquisition services for PROJECT. CITY agrees to consider any request by STATE to discontinue the services of any personnel considered by STATE to be unqualified on the basis of credentials, professional expertise, failure to perform, and/or other pertinent criteria. To submit to STATE for review and concurrence all Right of Way Engineering Land -Net Maps and Right of Way Appraisal Maps, Records of Survey, and Right of Way Record Maps in accordance with STATE's Right of Way Manual, Chapter 6, Right of Way Engineering, STATE's Plans Preparation Manual, STATE's Surveys Manual, applicable State laws, and other pertinent reference materials and examples as provided by STATE_ 10. Personnel who prepare the PS&E and environmental documentation, including the investigation studies and technical environmental reports, shall be made available to STATE, at no cost to STATE, througb completion of PROJECT construction to discuss problems which may arise during PS&E, right of way acquisition, construction, and/or to make design revisions for contract change orders. 11, Personnel who prepare right of way maps, documents, and related materials shall be made available to STATE, at no cost to STATE, during and after construction of PROJECT until completion and acceptance by STATE of Right of Way Record Maps, Records of Survey, and title to any property intended to be transferred to STATE. 0000211 . . District Agreement -No. 8-1165 A/2 12. To make written application to STATE for necessary encroachment permits authorizing entry of CITY onto the SHS right of way to perform surveying and other investigative activities required for preparation of the PR, environmental documentation, and/or PS&E. 13, To identify and locate all utility facilities within the area of PROJECT as part of the design responsibility for PROJECT. All utility facilities not relocated or removed in advance of construction shall be identified on the PS&E for PROJECT_ 14. If any existing utility facilities conflict with the construction of PROJECT or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their timely accommodation, protection, relocation, or removal. The costs for the PROJECT's positive identification and location, protection, relocation, or removal of utility facilities whether inside or outside STATE's right of way shall be determined in accordance with Federal and California laws and regulations, and STATE's policies and procedures, standards, practices, and applicable agreements including, but not limited to, Freeway Master Contracts. 15. To furnish evidence to STATE, in a form acceptable to STATE, that arrangements have been made for the protection, relocation, or removal of all conflicting facilities within the SHS right of way and that such work will be completed prior to the award of the contract to construct PROJECT or as covered in the PS&E for said contract. This evidence shall include a reference to all required SHS encroaclunent permits. 16. To acquire and furnish all right of way, if any, outside of the existing SHS right of way and to perform all right of way activities, including all eminent domain activities, if necessary, at no cost to STATE, and in accordance with procedures acceptable to STATE. These activities shall comply with all applicable State and Federal laws and regulations, subject to STATE's TQA to ensure that the completed work and title to property acquired for PROJECT is acceptable for incorporation into the SHS right of way. 17. To utilize the services of a qualified public agency or a qualified consultant, as determined by STATE's District Division Chief of Right of Way, in all matters related to the acquisition of right of way in accordance with STATE's procedures as published in STATE's current Right of Way Manual. Whenever personnel other than personnel of a qualified public agency, or a qualified consultant, are utilized, administration of the personnel contract shall be performed by a qualified Right of Way person employed or retained by CITY. 18. To certify legal and physical control of right of way ready for construction and that all right of way parcels were acquired in accordance with applicable State and Federal laws and regulations, subject to review and concurrence by STATE prior to the advertisement for bids for the contract to construct PROJECT- 4 0000125 District Agreement No. 8-1165 A/2 19. To deliver to STATE legal title to the right of way, including access rights, free and clear of all encumbrances detrimental to STATE's present and future uses not later than the date of acceptance by STATE of maintenance and operation of the SHS facility_ Acceptance of said title by STATE is subject to a review of a Policy of Title Insurance in the name of the State of California to be provided and paid for by CITY. 20. To be responsible for, and to the STATE's satisfaction, the investigation of potential hazardous material sites within and outside of the existing SITS right of way that could impact PROJECT as part of performing any preliminary engineering work. If CITY discovers hazardous material or contamination within the PROJECT study area during said investigation. CITY shall immediately notify STATE. 21. If CITY desires to have STATE advertise, award, and administer the construction contract for PROJECT, CITY shall provide STATE with acceptable plans prepared by CITY or CITY's consultant on either 80 min/700mb CDs or DVDs 4.7 GE or 8.5 GE double capacity DVDs using Micro Station Version 08.05.02.47 Agn files, CaiCE Visual Transportation Version 10. SP5 (CaiCE VT). One copy of the data on CD/DVD, including the Engineers electronic signature and seal, shall be provided to STATE upon completion of the final PROJECT PS&E. STATE reserves the right to modify these CD/DVD requirements and STATE shall provide CITY advance notice of any such modifications_ Files may be submitted on up to five (5) CDs or, if larger, on DVDs. All submittal files shall be compressed and shall be successfully run through AXIOM FILEFIXER software or EDG. Reimbursement to STATE for costs incurred by STATE to advertise, award, and administer the construction contract for PROJECT will be covered in the separate Cooperative Agreement referred to in Article 18 of Section III of this Agreement. 22. All aerial photography and photogrammetric mapping shall conform to STATE's current standards. 23. A copy of all original documents resulting from surveys performed for PROJECT, including original field notes, adjustment calculations, final results, and any document demonstrating compliance with STATE surveying procedures or the California Land Surveyor's Act, shall be delivered to STATE and shall become property of STATE. For aerial mapping, all information and materials listed in the document Materials Needed to Review Consultant Photoerammetric Manning shall be delivered to STATE and shall become property of STATE. 24. All original recorded land title documents created by PROJECT shall be delivered to STATE and become property of STATE. 25. To submit to STATE a list of STATE horizontal and vertical control monuments which will be used to control surveying activities for PROJECT. 000026 6=0_0181011 STATE AGREES: District Agreement.No- 8-1165 A/2 At no cost to CITY, to complete STATE's review as CEQA Lead Agency of the environmental documents prepared and submitted by CITY and to provide IQA of all CITY work necessary for completion of the PR and PS&E for PROJECT done by CITY, including, but not limited to, investigation of potential hazardous material sites and all right of way activities undertaken by CITY or its designee, and provide prompt reviews and concurrence, as appropriate, of submittals by CITY, while cooperating in timely processing of documents necessary for completion of the environmental documentation, PR, and PS&E for PROJECT. Upon proper application by CITY and by CITY's contractor, to issue, at no cost to CITY and CITY's contractor, the necessary encroachment permits for required work within the SHS right of way as more specifically defined elsewhere, in this Agreement. 3. To deposit with CITY within twenty-five (25) days of receipt of billing therefor, the amount of $3,383,000, which figure represents STATE's lump sum total not to exceed amount for Right of Way capital support costs for PROJECT. SECTION TIT IT IS MUTUALLY AGREED: All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature, State Budget Act authority and the allocation of funds by the California Transportation Connnission (CTC). 2. The parties to this Agreement understand and agree that STATE's IQA is defined as providing STATE policy and procedural guidance through to completion of the PROJECT preliminary engineering, PS&E, and right of way phases administered by CITY. This guidance includes prompt reviews by STATE to assure that all work and products delivered or incorporated into the PROJECT by CITY conform with then existing STATE standards- IQA does not include any PROJECT related work deemed necessary to actually develop and deliver the PROJECT, nor does it involve any validation to verify and recheck any work performed by CITY and/or its consultants or contractors and no liability will be assignable to STATE, its officers and employees by CITY under the terms of this Agreement or by third parties by reason of STATE's IQA activities. All work performed by STATE that is not direct IQA shall be chargeable against PROJECT funds as a service for which STATE will invoice its actual costs and CITY will pay or authorize STATE to reimburse itself from then available PROJECT funds. 6 0 00 02 7 District Agreement No. 8-1165 AJ2 3. The Project Study Report (PSR) for PROJECT, approved on January 6, 1998, is by this reference, made an express part of this Agreement. 4. The basic design features shall comply with those addressed in the approved PSR, unless modified as required POT completion of the environmental documentation and/or Federal Highway Administration (FHWA) approval of PROJECT- 5. The design, right of way acquisition, and preparation of environmental documentation and related technical reports/studies for PROJECT shall be performed in accordance with all applicable Federal and STATE standards and practices current as of the date of performance. Any exceptions to applicable design standards shall first be considered by STATE for approval via the processes outlined in STATE's Highway Design Manual and appropriate memoranda and design bulletins published by STATE. In the event that STATE proposes and/or requires a change in design standards, implementation of new or revised design standards shall be done as part of the work on PROJECT in accordance with STATE's current Highway Design Manual Section 82.5, "Effective Date for Implementing Revisions to Design Standards." STATE shall consult with CITY in a timely manner regarding the effect of proposed and/or required changes on PROJECT. 6. STATE will be the CEQA Lead Agency and CITY will be a CEQA Responsible Agency - The FHWA will be the Federal Lead Agency for NEPA with STATE providing oversight for the NEPA process. CITY will assess PROJECT impacts on the environment and CITY will prepare the appropriate level of environmental documentation and necessary associated supporting investigative studies and technical environmental reports in order to meet the requirements of CEQA and NEPA. CITY will submit to STATE all investigative studies and technical environmental reports for STATE's review, comment, and approval and STATE will request FHWA's review and approval. The emiromnental document and/or categorical exemptiou/exclusion determination, including the administrative draft, draft, administrative final, and final environmental documentation, as applicable, will require STATE's and FHWA's review, comment, and approval prior to public availability. If, during preparation of preliminary engineering, preparation of the PS&E, performance of right of way activities, or performance of PROJECT construction, new information is obtained which requires the preparation of additional environmental documentation to comply with CEQA and/or NEPA, this Agreement will be amended to include completion of these additional tasks by CITY. CITY agrees to obtain, as a PROJECT cost, all necessary PROJECT pennits, agreements, and/or approvals from appropriate regulatory agencies, unless the parties agree otherwise in writing. If STATE agrees in writing to obtain said PROJECT permits, agreements, and/or approvals, those said costs shall be paid by CITY, as a PROJECT cost. 8. CITY shall be fully responsible for complying with and implementing any and all environmental commitments set forth in the environmental documentation, permit(s), 000028 District Agreement No. 5-1165 A/2 agreement(s) and/or environmental approvals for PROJECT. The costs of said compliance and implementation shall be a PROJECT cost. 9. If there is a legal challenge to the environmental documentation, including supporting investigative studies and/or technical envirouunental repori(s), permit(s), agreement(s), environmental commitments and/or environmental approval(s) for PROJECT, all legal costs associated with those said legal challenges shall be a PROJECT cost. 10. STATE, as a PROJECT cost, shall be responsible for overseeing the planning, scheduling and holding of all public meetings/hearings related to the CEQA environmental process. CITY, to the satisfaction of STATE and subject to all of STATE's policies and procedures, shall be responsible for performing the planning, scheduling and details of holding all public meetings/hearings related to the CEQA environmental process. STATE will participate as CEQA lead agency in all public meetings/heariugs related to the CEQA environmental process for PROJECT. If PROJECT is also subject to NEPA compliance, STATE shall be responsible to assure the planning, scheduling and holding of NEPA related public mcetings/hearings on the PROJECT is satisfactory with FHWA. CITY shall provide STATE the opportunity to provide comments on any meeting exhibits, handouts or other materials at least ten (10) days prior to any such meetings/hearings. STATE, and if applicable, FHWA maintain(s) final editorial control of exhibits, handouts or oiber material to be used at the public meetings/hearings. CITY, subject to STATE's prior review and approval, as a PROJECT cost, shall be responsible for preparing, submitting, publicizing and circulating all public notices related to the CEQA environmental process, including, but not limited to, notice(s) of availability of the environmental document and/or determinations and notices of public hearings_ Public notices shall comply with all State and Federal laws, regulations, policies and procedures_ 11 _ In the event CITY would like to hold separate and/or additional public meetings regarding the PROJECT, CITY must clarify in any meeting notices, exhibits, handouts or other material that STATE is the CEQA Lead Agency and CITY is the CEQA Responsible Agency. Such notices, handouts and other materials shall also specify that public comments gathered at such meetings are not part of the CEQA public review process. CITY shall provide STATE the opportunity to provide comments on any meeting exhibits, handouts or other materials at least ten (10) days prior to any such meetings/hearings. STATE will maintain final editorial control of exhibits, handouts or other materials to be used at the public meeting/hearing solely with respect to text or graphics that could lead to public confusion over CEQA related roles and responsibilities. 12. All administrative reports, studies, materials, and documentation, including, but not limited to, all administrative drafts and administrative finals, relied upon, produced, created or utilized for PROJECT will be held in confidence pursuant to Government Code section 6254.5(e). The parties agree that said material will not be distributed, released or shared with any other organization, person or group other than the parties' employees, agents and consultants whose work requires that access without the prior goo©29 District Agreement No. 8-1165 A/2 written approval of the party with the authority to authorize said release and except as required or authorized by statute or pursuant to the terms of this Agreement. 13. CITY's share of all changes in development and construction costs associated with modifications to the basic design features as described above shall be in the same proportion as described in this Agreement, unless mutually agreed to the contrary by STATE and CITY in a subsequent amendment to this Agreement. 14. Any hazardous material or contamination of an HM-I category found within existing SHS right of way during PROJECT shall be, the responsibility of STATE. Any hazardous material or contamination of an HM-I category found within local road right of way during PROJECT shall be the responsibility of CITY. For the purpose of this Agreement, hazardous material of HM-I category is defined as that level or type of contamination which must be remediated by reason of its mere discovery regardless of whether it is disturbed by PROJECT or not. STATE shall sign the HM-1 manifest and pay all costs for remedy or remedial action within existing SHS right of way, except that if STATE determines, in its sole judgment, that STATE's cost for remedy or remedial action is increased as a result of CITY's decision to proceed with PROJECT, that additional cost identified by STATE shall be home by CITY. CITY shall sign the HM-1 manifest and pay all costs for required remedy or remedial action within local road right of way or other property. While STATE will exert every reasonable effort to fund the remedy or remedial action for which STATE is responsible, in the event STATE is unable to provide funding, CITY will have the option to either delay PROJECT until STATE is able to provide that corrective funding or CITY may proceed with the remedy or remedial action as a PROJECT expense without any subsequent reimbursement by STATE. 15. Any remedy or remedial action with respect to any hazardous material or contamination of an HM-2 category found within existing SHS right of way shall be the responsibility of CITY, who shall sign the HM-2 manifest and management of HM-2 will be a PROJECT cost if the PROJECT proceeds. Any remedy or remedial action with respect to any hazardous material or contamination of an HM-2 category found within CITY right of way shall be the responsibility of CITY who shall sign the HM-2 manifest and management of HM-2 will be at CITY's cost, if the PROJECT proceeds_ For the purposes of this Agreement any hazardous material or contamination of HM-2 category is defined as that level or type of contamination which said regulatory control agencies would have allowed to remain in place if undisturbed had PROJECT not proceeded. 16. if hazardous material or contamination of either HM-1 or HM-2 category is found on new right of way acquired by or on account of CITY for PROJECT, CITY shall be responsible, at CITY's expense, for all required remedy or remedial action and/or protection in the absence of a generator or prior property owner willing and prepared to perform that corrective work. 00003L District Agreement No. 8-1165 A/2 IT Remedial actions proposed by CITY on SHS right of way shall be pre -approved by STATE and shall be performed in accordance with STATE's standards and practices and standards and practices mandated by those Federal and State regulatory agencies. 18. A separate Cooperative Agreement or agreements will be required to address Landscape Maintenance, and to cover responsibilities and funding for the construction phase of PROJECT. 19. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the development, design, construction, operation, or maintenance of the SHS and public facilities different from the standard of care imposed by law. 20. Neither STATE 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 under or in comiection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not Invited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 21. 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 STATE, under or in connection with any work, authority or jurisdiction conferred upon STATE and arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 22. Prior to the commencement of any work pursuant to this Agreement, either STATE or CITY may terminate this Agreement by written notice to the other party_ 23. No alteration or variation of the terns of this Agreement shall be valid unless made by a formal amendment executed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 24. Those portions of this Agreement pertaining to the completion of PROJECT shaft terminate upon the satisfactory completion of all post -construction obligations of CITY and the delivery of required PROJECT construction documents, with concurrence of STATE, or on December 31, 2014, whichever is earlier in time, except that the ownership, operation, maintenance, indermufication, environmental commitments, legal 10 QQ®®1 District Agreement No. 8-11 G5 A/2 challenges, and claims articles shall remain in effect until terminated or modified, in writing, by mutual agreement. Should any construction -related or other claims arising out of PROJECT be asserted against one of the parties, the parties agree to extend the fixed termination date of this Agreement, until such time as the construction related claims are settled, dismissed or paid. SIGNATURES ON FOLLOWING PAGE: 11 000032 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WILL KEMPTON Director By: MICHAEL A. PEROVICH District Director APPROVED AS TO FORM AND PROCEDURE: By: Attorney, Department of Transportation CERTIFIED AS TO FUNDS: By: District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: By: Accounting Administrator District Agreement No. 8-1165 A/2 CITY OF PALM SPRINGS By: City Manager Attest: City Clerk APPROVED AS TO FORM AND PROCEDURE: By: City Attorney 12 000033 DESCRIPTION Right of Way (Capital & Support) Design (PA&ED + PS&E) TOTAL District Agreement No. 8-1165 A/2 EXHIBIT "A" Estimate of Project Costs I-10 IC at Indian Ave TOTAL STATESHARE (RIP) $3,383 $3,383 $ 953 $0.0 CITY SHARE (LOCAL, FUNDS) $o.0 $953 $4,236 $3,383 $953 * STATE's share is a one-time lump sum not to exceed contribution towards PROJECT Right of Way capital and support costs. Any costs above STATE's contribution will be at CITY's cost. 13 006034 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WILL KEMPTON Director Um MICFTAEL A. PEROVICII District Director APPROVED AS TO FORM AND PROCEDURE: 1-2 Attorney, Department of Transportation CERTIFIED AS TO FUNDS: mm District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: Accounting Administrator District Agreement No. 8-1165 A/2 CITY OF PALM SPRINGS Attest: CITY Clerk APPROVED AS TO FORM AND PROCEDURE: By: wrun 2146 C.14)1.d ITY q'6&mc� DRAFT: August 28, 2007 12 006035