HomeMy WebLinkAboutState of California Department of Transportation - Plaza Blvd. Widening - 11-0635 - 2008NOTE TO FILE
IN THE MATTER OF: Authorizing the Mayor to execute a
Cooperative Agreement with the State of California for the Plaza
Blvd. Widening Project.
NO ORIGINAL AGREEMENT HAS BEEN PROVIDED TO
THE OFFICE OF THE CITY CLERK AS OF JULY 22, 2008.
06-25-08 — Mailed out partially executed original agreement to vendor to
sign and return.
07-16-08 — Received back from vendor copy only of fully executed
agreement.
NTF
11-SD-805
PM 10.0/10.6
EA 11-263901
Agreement No. 11-0635
805/Plaza Boulevard
Design Phase
COOPERATIVE AGREEMENT
This AGREEMENT entered into on -5U l * k , 2008, is between the
STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred
to herein as "STATE", and
City of National City, 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 and 114, are
authorized to enter into a Cooperative Agreement for improvements to State Highway
System (SHS) within the CITY.
2. CITY plans SHS improvements consisting of interchange modifications to increase
capacity to accommodate projected 2030 traffic volumes on Plaza Boulevard at
Interstate 805, referred to herein as "PROJECT".
3. CITY intends to prepare Plans, Specifications and Estimates (PS&E) and to perform right of
way activities, collectively referred to herein as "WORK", and is willing to fund one hundred
percent (100%) of all costs of WORK, except for costs of STATE's Independent Quality
Assurance (IQA), which will be borne by STATE.
4. This Agreement supersedes any prior Memorandum of Understanding (MOU) relat-
ing to PROJECT.
5. Environmental Documentation was completed by CITY on May 15, 2006 and
acknowledged by STATE on May 19, 2006.
6. The Project Study Report/Project Report (PSR/PR) prepared by CITY was
acknowledged/approved by STATE on April 17, 2008.
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Agreement 11-0635
7. Construction of said PROJECT will be the subject of a separate future agreement.
8. The parties hereto intend to define herein the terms and conditions under which
PROJECT is to be designed and financed.
SECTION I
CITY AGREES:
1. To fund one hundred percent (100%) of all WORK costs, except for the cost of IQA
activities of said WORK, which will be provided by STATE at no cost to CITY.
2. To have a detailed 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 final plans and specifications 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 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, and failure to perform in accordance with the scope of work and/or other
pertinent criteria.
4. Personnel who prepare the PS&E and right of way maps shall be made reasonably
available to STATE, at no cost to STATE, through completion of construction of
PROJECT to discuss problems that may arise during PS&E, right of way acquisition,
construction and/or to make design revisions for contract change orders.
5. 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. 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 shall be submitted to STATE for STATE's review, comment, and concurrence
at appropriate stages of development.
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Agreement 11-0635
7. 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 PS&E.
8. 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.
9. 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, procedures, standards, practices, and applicable agreements
including, but not limited to, Freeway Master Contracts.
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
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 encroachment permits.
11. CITY shall require any utility owner and/or its contractor performing the protection or
relocation work within the SHS 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 for project, 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 IQAactivities to insure that the completed work
is acceptable for incorporation into the SHS right of way, as further defined in the State's
current Right of Way Manual.
13. To utilize the services of a qualified public agency or a qualified consultant, as
determined by STATE's Deputy 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 contract shall be
performed by a qualified Right of Way person employed or retained by CITY.
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
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Agreement 11-0635
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 title to the right of way by deed, 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. 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 CD using a Micro Station SE compatible .dgn format. One copy of the data
on the CD, including the Engineer's electronic signature and seal, shall be provided to
STATE upon completion of the final PS&E for PROJECT. STATE reserves the right to
modify the CD requirements and STATE shall provide CITY advance notice of any such
modifications. Reimbursement to STATE for cost incurred by STATE to advertise,
award and administer the construction contract for PROJECT will be covered in a
separate Cooperative Agreement.
17. As the PROJECT construction phase is the subject of a future agreement, CITY in
administering and contracting to perform the other phases of the PROJECT, namely
PS&E, and right of way activity phases, agrees to include a "conflict of interest"
requirement in the PROJECT design consultant contracts that prohibits that design
consultant from being employed or under contract to the future PROJECT construction
contractor.
18. To obtain, at CITY's expense all necessary permits and/or agreements from appropriate
regulatory agencies. All mitigation, monitoring, and/or remedial action required by said
permits shall constitute parts of the cost of PROJECT.
19. All aerial photography and photogrammetric mapping shall conform to STATE's latest
standards.
20. A copy of all original survey documents resulting from surveys performed for PROJECT,
including original field notes, adjustment calculations, final results, and appropriate
intermediate documents, shall be delivered to STATE and shall become property of
STATE. For aerial mapping, survey documents to be furnished are three sets of contact
prints, with one set showing control, a complete photo index - two prints and a copy of
the negative, and the original aerial photography negative.
21. To provide, at no cost to STATE, survey and mapping services necessary to perpetuate
existing land net and alignment monumentation for the project in accordance with
Sections 8771 and 8765 of the Business and Professions Code. A Record of Survey Map
delineating existing and new or proposed right of way, land net, property boundaries,
existing streets or roads, any surveyor's notes resolving material discrepancies, and
project control; be prepared in accordance with the Professional Land Surveyors Act, be a
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Agreement 11-0635
true representation of the legal descriptions, delineating all land survey dimensions
mentioned in the legal descriptions, show set project control monuments, show set
monuments for new right of way, show existing and/or proposed right of way lines, show
perpetuation of any existing land net control monuments that may be (were) destroyed
during constructions, and be sealed and signed by the surveyor in responsible charge.
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 11 Survey
Branch. The Record of Survey Map is to be recorded with a county Surveyor's note
within 90 days of the project completion.
22. To prepare Right of Way Engineering Hard Copies, Right of Way Appraisal Maps,
Record of Surveys, 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 material and examples as
provided by STATE.
23. 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".
24. 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.
25. Personnel who prepare right of way maps, documents, and related materials shall be
made reasonably 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
and Records of Surveys.
26. To provide a schedule of work for the entire PROJECT. Schedule to include Mylar
copies of Right of Way Record Maps and electronic copies in native Micro station
format. The specific dates or duration's for each of the major elements as described in
Article 2 of Section I, and to include the construction duration.
27. To submit to STATE, final Mylar copies of Right of Way Record Maps and electronic
copies in native Micro station format.
28. CITY contact information:
Attn: Mr. Din Daneshfar, City Project Manager
City of National City
1243 National City Blvd
National City, CA 91950
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Agreement 11-0635
SECTION II
STATE AGREES:
1. At no cost to CITY, to provide IQA activities of WORK work on PROJECT done by
CITY or its designee, 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 SHS right of way to perform survey and
other investigative activities required for preparation of 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.
3. STATE contact information:
Attn: Mr. Chuck Davis, Project Manger
California Department of Transportation
4050 Taylor Street
San Diego, CA 92110
(619) 688-3156
SECTION III
MUTUALLY AGREED:
1. 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 Commission.
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 WORK
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 of any work performed by CITY
and/or its consultants 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 oversight activities. All work performed by STATE that is not
direct IQA shall be chargeable against PROJECT funds as a service for which
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Agreement 11-0635
STATE will invoice its actual costs. CITY will pay or authorize STATE to reimburse
itself from then available PROJECT funds.
3. The Project Study Report/Project Report (PSR/PR) for PROJECT prepared by CITY
and approved/acknowledged by STATE April 17, 2008, is by this reference, made
an expressed part of this Agreement.
4. The basic design features (as defined in Exhibit A and Exhibit B of the Scope of
Work for PROJECT) shall comply with those addressed in the approved PSR/PR,
unless modified as required for environmental clearance and/or Federal Highway
Administration FHWA approval of PROJECT.
5. That the Scope of Work, attached hereto as Exhibit A and Exhibit B and incorporated
herein, is a guide for the parties on the WORK activities. If there is a conflict
between the terms of this Agreement and the Scope of Work, the terms of the
Agreement shall control.
6. CITY agrees to obtain, as a PROJECT cost, all necessary PROJECT permits,
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 for by CITY, as
a PROJECT cost.
7. CITY shall be fully responsible for complying with and implementing any and all
environmental commitments set forth in the environmental documentation, permit(s),
agreement(s), and/or environmental approvals for PROJECT. The costs of said
compliance and implementation shall be a PROJECT cost.
8. If there is a legal challenge to the environmental documentation, including supporting
investigative studies and/or technical environmental report(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.
9. If, during preparation of the PS&E or performance of right of way activities, new
information is obtained which requires additional environmental documentation to
comply with CEQA and/or NEPA, this Agreement will be amended to include completion
of those additional tasks.
10. 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
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Agreement 11-0635
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.
11. The design and right of way acquisition 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 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 effect of proposed and/or required changes on
PROJECT.
12. 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.
13. Any hazardous material or contamination of an HM-1 category found within existing
SHS right of way during PROJECT shall be the responsibility of STATE. Any
hazardous material or contamination of an HM-1 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-1 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-
I 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 borne 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.
14. 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
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Agreement 11-0635
PROJECT proceeds. For the purpose 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.
15. 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..
16. 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 be limited to, the identification, treatment, protection,
removal, packaging, transportation, storage, and disposal of such material.
17. Remedial actions proposed by CITY on the SHS right of way shall be pre -approved
by STATE and shall be performed in accordance with STATE's standards and
practices and standards mandated by the Federal and State regulatory agencies.
18. A separate Cooperative Agreement will be required to cover responsibilities and
funding for the construction phase of PROJECT.
19. Should any portion of PROJECT be financed with Federal funds or State gas tax
funds, all applicable laws, regulations and policies relating to the use of such funds
shall apply, notwithstanding other provisions of this Agreement.
20. 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 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 State highways and
public facilities different from the standard of care imposed by law.
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Agreement 11-0635
21. 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 connection with any work, authority or jurisdiction arising under
this Agreement. It is understood and agreed that CITY shall fully defend, indemnify
and save harmless STATE and all of its officers and employees from all claims, suits
or actions of every name, kind and description brought forth under, including, but not
limited to, tortuous, contractual, inverse condemnation or other theories or assertions
of liability occurring by reason of anything done or omitted to be done by CITY
under this Agreement.
22. 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 arising under
this Agreement. It is understood and agreed that STATE shall fully defend,
indemnify and save harmless the CITY and all of its officers and employees from all
claims, suits or actions of every name, kind and description brought forth under,
including, but not limited to, tortuous, 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.
23. No alteration or variation of the terms 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.
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Agreement 11-0635
24. This Agreement shall terminate upon the satisfactory completion of all post -
PROJECT construction obligations of CITY and the delivery of required PROJECT
construction documents, with concurrence of STATE, or on December 31, 2010,
whichever is earlier in time, except that the ownership, operation, maintenance,
indemnification, environmental commitments, legal 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 or other claims are settled,
dismissed or paid.
STATE OF CALIFORNIA
Department of Transportation
CITY OF NATIONAL CITY
Will Kempton
Director of Transportation By
By
Deputy Districrector
Certified as to funds:
By a• e „e...."2„4,
District Budget Manager BK ..
r
Approved as o form and procedure:
By 64
Attorney, Department of Transportation
Certified as to procedure:
By 4.Cee,G
Wcc unting Adnlistrat
Reimbursements Section
Mayor
Ron Morrison
By Zatt:JIE
City Attorney
George H. Eiser, III
11
Agreement 11-0635
Exhibit A
SCOPE OF WORK
This Scope of Work outlines the specific areas of responsibility for various WORK
activities for the proposed improvements consisting of a revised interchange on Interstate
805 at Plaza Blvd.
1. CITY and STATE concur that the proposal is a Category 4A project as defined in
STATE's Project Development Procedures Manual and is one hundred per cent
(100%) locally funded.
2. STATE will review and monitor, all design reports, studies, and plans.
3. The existing freeway agreement need not be revised.
4. All phases of 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.
5. Detailed steps in the project development process are attached as Exhibit B to this
Scope of Work, Exhibit A. These exhibits are intended as a guide to the STATE's and
CITY's staff.
6. That the Scope of Work, attached hereto as Exhibit "B" and incorporated herein, is a guide
for the parties on WORK activities. If there is a conflict between the terms of this Agreement
and the Scope of Work, the terms of the Agreement shall control.
EXHIBIT B
DESIGN PHASE ACTIVITIES
RESPONSIBILITY
STATE LOCAL
AGENCY
PROJECT ACTIVITY
1. PRELIMINARY COORDINATION
Request I - Phase EA X
Field Review of Site X X
Develop Geometrics X
Review and Comment on 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 Comments on Geometrics to Local Agencies for Review X
Revise Geometrics as necessary X
Review and Comment on Final Geometrics 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 X
Initial Landscape Design Discussion with District Staff X
Plan Sheet Format Discussion X X
2. ENGINEERING STUDIES AND REPORTS
Prepare & Submit Materials Report & Typical Section X
Review and Comment on Materials Report & Typical Section X
Prepare & Submit Landscaping Recommendation X
Review and Comment on Landscaping Recommendation X
Prepare & Submit Hydraulic Design Studies X
Review and Comment on Design Studies X
Prepare & Submit Bridge General Plan & Structure Type Selection X
Review and Comment on General Plan & Structure Type Selection X
1
District Agreement No. 11-0635
RESPONSIBILITY
STATE LOCAL
AGENCY
PROJECT ACTIVITY
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 Comment on R/W Requirements X
Review and Comment on Longitudinal Encroachment X
Longitudinal Encroachment Application to District X
Review and Comment on Longitudinal Encroachment Application X
Request Final Utility Relocation Plans X
Check Utility Relocation Plans X
Submit Utility Relocation Plans for Approval X
Review and Comment on Utility Relocation Plans X
Submit Final R/W Requirements for Review & Approval X
Fence and Excess Land Review X
R/W Layout Review X
Review and Comment on R/W Requirements X
Obtain Title Reports X
Complete Appraisals X
Review and Comment on Appraisals for Setting Just Compensation
Prepare Acquisition Documents X
Acquire R/W 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 Comment on Certification of R/W X
Transfer R/W to STATE X
Review and Comment on Title Transfer Documents X
Prepare R/W Record Maps X
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District Agreement No. 0635
RESPONSIBILITY
STATE LOCAL
AGENCY
PROJECT ACTIVITY
4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES
Prepare and Submit Preliminary Stage Construction Plans X
Review and Comment on Preliminary Stage Construction Plans X
Calculate and Plot Geometrics X
Cross -Sections & Earthwork Quantity Calculations X
Prepare and Submit BEES Estimate X
Put Estimate in BEES X
Local Review of Preliminary Drainage Plans and Sanitary Sewer and X
Adjustment Details
Prepare & Submit Preliminary Drainage Plans X
Review and Comment on Preliminary Drainage Plans X
Prepare Traffic Striping and Roadside Delineation Plans & Submit for X
Review
Review and Comment on Traffic Striping and Roadside Delineation Plans X
Prepare & Submit Landscaping and/or Erosion Control Plans X
Review and Comment on Landscaping and/or Erosion Control Plans X
Prepare & Submit Preliminary Electrical Plans X
Review and Comment on Preliminary Electrical Plans X
Prepare & Submit Preliminary Signing Plans X
Review and Comment on Preliminary Signing Plans X
Quantity Calculations X
Safety Review X X
Prepare Specifications X
Review and Comment on Specifications X
Prepare & Submit Checked Structure Plans X
Review and Comment on Checked Structure Plans X
Prepare Final Contract Plans X
Prepare Lane Closure Requirements X
Review and Comment on Lane Closure Requirements X
Prepare & Submit Striping Plan X
Review and Comment on Striping Plan X
Prepare Final Estimate X
Prepare & Submit Draft PS&E X
Review and Comment on Draft PS&E X
Finalize & Submit PS&E to District X
3
Din Daneshfar
From: George Eiser
Sent: Wednesday, June 11, 2008 10:31 AM
To: Din Daneshfar
Subject: RE: Agreement 11-0635 Plaza Blvd/805
Din:
Yes, this does address my concerns. Thank you for following up on this.
George
Original Message
From: Din Daneshfar
Sent: Wednesday, June 11, 2008 9:25 AM
To: George Eiser
Subject: FW: Agreement 11-0635 Plaza Blvd/805
Hi George:
The following email memo along with the attached revised sheet (page 10
of the agreement) is in response to your comments. Does this address
your concerns? Thanks,
Din
Original Message
From: Elmo Landingin[mailto:elmo_landingin@dot.ca.gov]
Sent: Wednesday, June 11, 2008 9:01 AM
To: Din Daneshfar
Subject: Agreement 11-0635 Plaza Blvd/805
Hi Din, here is the revised page 10 (the missing word STATE in Article
22,
first sentence has been added). Please print 4 copies and replace the
page
10 on the Agreement and proceed with the signature process. As far as
the
Hazmat issue this same isssue has came up before with other local
agencies. As far as I could remember it is non-negotiable. And I also
just verified this morning with Headquarters Legal. HM-1, if found, by
law
must be cleaned up regardless of whether there is a project or not.
HM-2,
on the other hand, can remain in place if the project does not proceed.
As
such, any remediation is considered a project cost and this is the
City's
Project. State already has taken responsibility for any hazmat 1 found
in
State ROW. State considers hazmat 2, whether in State or. City ROW, as
Project cost.
Elmo/619-688-6185
(See attached file: New Page 10.pdf)
RESOLUTION NO. 2008 — 109
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE A COOPERATIVE AGREEMENT
BETWEEN THE CITY OF NATIONAL CITY AND
THE STATE OF CALIFORNIA FOR PLAZA BOULEVARD
WIDENING PROJECT
WHEREAS, a Cooperative Agreement ("Agreement") between the City and the
State of California is required for the final design of the portion of Plaza Boulevard Widening
Improvements within the State right-of-way at the intersection of Plaza Boulevard and Interstate
805; and
WHEREAS, the State is agreeing to review and oversee the project Plans,
Specifications, and Estimates ("PS&E") package, and provide an encroachment permit (after
proper application) at no cost to the City; and
WHEREAS, the City agrees to follow state standards and procedures for
processing the PS&E, perform the necessary work for final design, provide the necessary
project data, and maintain qualified personnel to complete the work needed for the design of the
street widening with the State right-of-way.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute a Cooperative Agreement between the
City and the State of California for the final design of the portion of Plaza Boulevard Widening
Improvements within the State right-of-way at the intersection of Plaza Boulevard and Interstate
805. Said Cooperative Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 17th day of June : '8.
Ron Morrison, Mayor
ATTEST:
i
it
Micael Dalla,Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on June 17,
2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Ungab, Zarate.
Nays: None.
Absent: Councilmember Natividad.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
h /V Qi
City lerk of the City o National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-109 of the City of National City, California, passed and
adopted by the Council of said City on June 17, 2008.
City Clerk of the City of National City, California
By:
Deputy
caoo-tea
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE June 17, 2008
AGENDA ITEM NO.
8
ITEM TITLE Resolution of the City of National City Council approving a Cooperative Agreement between the State
of California and City of National City for Plaza Boulevard Widening project and Authorizing the Mayor to execute
the Agreement
PREPARED BY Din Daneshfar
EXPLANATION
See attached explanation.
DEPARTMENT Engineering EXT. 4387
Environmental Review X N/A MIS Approval
Financial Statement Approved By:
Finance Director
N/A
Account No.
STAFF RECOMME ATION
he Resol
RD / C M 0 RECOMMEDATION
N/A
ATTACHMENTS (Listed Below)
1. Resolution
2. Cooperative Agreement (4 original copies)
Resolution No. 4.00o
A-200 (Rev 7/03)
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
June 25, 2008
Mr. Roy Abboud
California Department of Transportation
4050 Taylor Street, MS 122
San Diego, CA 92110
Dear Mr. Abboud,
On June 17th, 2008, Resolution No. 2008-109 was passed and adopted by the
City Council of the City of National City, authorizing execution of a Cooperative
Agreement with the State of California.
We are forwarding a certified copy of the above Resolution and four partially
executed original agreements. Please return one fully executed original
agreement to us for our files.
Sincerely,
,„4
Michael R. DIla, CMC
City Clerk
Enclosures
cc: Engineering Department
t.+
Recycled Paper