HomeMy WebLinkAbout01/18/2011, C9 - STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION COOPERATIVE AGREEMENT FOR THE US 101/LOS OSOS VALL f
Council 1//n118//22011
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CITY OF SAN LU I S OB I SPO
FROM: Jay D. Walter, Director of Public Work s'L• VIA)
Prepared By: Timothy S. Bochum, Depu4 Director of Public Works
SUBJECT: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
COOPERATIVE AGREEMENT FOR THE US 101/LOS OSOS VALLEY
ROAD INTERCHANGE PROJECT
RECOMMENDATION
Approve a Cooperative Agreement with the State of California Department of Transportation
(Caltrans) to process necessary advance development functions for the US 101/Los Osos Valley
Road interchange project.
DISCUSSION
Background
The City has been working for the last several years to get project approval for an upgrade to the
Los Osos Valley Road (LOVR)/US 101 interchange. The project involves working with Caltrans
and the community to identify alternatives along with environmental concerns for the
interchange, and ultimately getting Caltrans approval for the project to be constructed. The
interchange project is one component of the Major City Goal to reduce congestion and has been
identified as.part of a major Council goal for the last six years. The City has received an approval
by the California Transportation Commission (CTC) for $13,800,000 in State Transportation
Improvement Program (STIP) funding to assist with construction which is currently scheduled to
occur in FY 2014-15.
The City has been working cooperatively with Caltrans to process the necessary approvals for
environmental determination, project approval, right of way determination and plans, specifications
& estimates. Although Caltrans usually requires a formal Caltrans Cooperative Agreement be
executed prior to work on the advance development stages of a project, in this case they were
willing to work on the environmental determination and draft project approval stages recognizing
that key issues normally included in a Cooperative Agreement needed additional investigation prior
to execution of an agreement. In essence, the City felt uncomfortable in executing a standard
Cooperative Agreement until some issues were father resolved. These issues included hazardous
waste abatement and potential relocation of longitudinal utilities that have pre-existing rights in the
Caltrans right of way. These issues have now been resolved to the satisfaction of staff and the
Cooperative agreement can be executed.
The draft Cooperative Agreement (Attachment 1) outlines the roles and responsibilities of Caltrans
and the City during the environmental determination, project report approval, right of way and final
construction bid document stages of the project. A mitigated negative declaration was approved by
Caltrans for the project in December of 2009, however the final project approval has not yet been
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Caltrans Cooperative Agreement—US 101/LOVR Interchange Page 2
granted. The City is waiting for final determination on the issues of longitudinal utility
encroachment and hazardous material abatement. Caltrans' environmental determination for the
project has been legally challenged by the Los Verdes Park Condominiums (Parks 1 & 2) which is
still being processed by the courts. The City is not a party to the legal challenge however, the
project delivery has been delayed due to the lawsuit and the City continues to work with both
parties to resolve the dispute. The draft Cooperative Agreement makes Caltrans financially
responsible for all costs associated with defense of the environmental determination and limits the
City's exposure for legal costs.
As outlined in the agreement the City will be responsible for identification of any hazardous
materials that may be located within the project work area and if disturbed by the project, the cost
of remediation will fall upon the City. If this should occur, there are opportunities for cost recovery
if historical records can identify polluters of the hazardous material.
Staff will be setting a Council study session in the next 60 days to update Council on the specific
status of issues regarding the US 101/LOVR Interchange project. The study session will include
discussion on the Caltrans litigation case, project design changes that have occurred since the last
public workshop, a funding update as well as revised project schedules based upon State funding
delays..
FISCAL IMPACT
There is no impact to the General Fund as part of approval of the Cooperative Agreement. The
Cooperative Agreement in and of itself does not cost any money however; it outlines what is
considered "Project" costs for the interchange project and the City responsibilities. These costs
are typical with capital improvement projects and have either already been budgeted for the
project or will be budgeted as part of the project as we move into the construction phase of the
interchange.
ALTERNATIVES
L Deny Cooperative Agreement The Council could choose to deny the Cooperative Agreement
with Caltrans thereby denying the request to process the interchange project. If the agreement is
denied the project can not move forward and part of the Major Council Goal of congestion
mitigation will not be achieved.
Z Modify the Cooperative Agreement The Council could choose to modify provisions of the
Cooperative Agreement. This is not recommended since the provisions of the agreement have been
discussed in detail and any revisions would need additional time to process with Caltrans or may
require additional Council consideration if Caltrans rejects the modification requests.
ATTACHMENT
Caltrans Cooperative Agreement(5 originals for signature)
T:\Council Agenda ReponsTublic Works CAR\2011\Transportation\CAR LOVR Caltrans Agrmnt.doc
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sAttachment 1
District Agreement#05-0212
05-SLO-101-25.9
05-OH7300
Reconstruct Los Osos Valley Road
Interchange
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON, is between the
STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as
"STATE,"and
CITY OF SAN LUIS OBISPO, 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 State Highways
System (SHS)within the CITY's jurisdiction.
2. CITY desires State highway improvements consisting of the reconstruction of the Los Osos
Valley Road Interchange on State Route 101 between South Higuera Street and Auto Park
Way, referred to herein as "PROJECT'.
3. CITY is willing to fund one hundred percent (100%) of all capital outlay and support costs,
except that the costs of STATE's Independent Quality Assurance (IQA) of PROJECT Project
Approval and Environmental Document (PA&ED), Plans Specifications and Estimates
(PS&E), and Right of Way(RNV), all hereinafter referred to as PROJECT DEVELOPMENT,
and STATE's costs incurred as the California Environmental Quality Act (CEQA) Lead
Agency and National Environmental Policy Act (NEPA) Lead Agency, if applicable, in the
review, comment and approval, if appropriate, of the PROJECT environmental
documentation prepared entirely by CITY will be borne by STATE.
4. STATE funds will not be used to finance any of the PROJECT DEVELOPMENT capital and
support costs except as set forth in this Agreement.
5. The terms of this Agreement shall supersede any inconsistent terms of any prior
Memorandum of Understanding (MOU) or agreement relating to PROJECT.
S. This Agreement will define roles and responsibilities of the CEQA Lead Agency and CEQA
Responsible Agency regarding environmental documentation, studies, and reports necessary
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Attachment 1
District Agreement#05-0212
for compliance with CEQA. This Agreement will also define roles and responsibilities for
compliance with NEPA, if applicable.
7. PROJECT construction will be the subject of a separate future agreement.
8. The parties now define below the terms and conditions under which PROJECT is to be
developed, designed, and financed.
SECTION I
CITY AGREES:
1. To fund one hundred percent (100%) of all PROJECT DEVELOPMENT capital and support
costs, as shown in Exhibit A, except for costs of STATE's IQA and STATE's review,
comment and approval if appropriate, as the CEQA Lead Agency, and NEPA Lead Agency, if
applicable, of the environmental documentation prepared entirely by CITY. If it becomes
necessary to obtain additional funds to complete PROJECT, these additional funds will be
provided by CITY using CITY obtainedlcsil funds.
2. To not use STATE funds for any PROJECT capital and support costs except as set forth in
this Agreement or amendment thereto[w).
3. 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, concurrence, and/or approval at appropriate stages of
development.
4. 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:
5. To have a Project Report (PR) and detailed PS&E prepared, at no cost to STATE, and to
submit each to STATE for STATE's review, concurrence, and/or approval 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.
6. 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.
7. To permit STATE to monitor, participate, and oversee selection of personnel who will prepare
the PR, prepare environmental documentation, including the investigative studies and
technical environmental reports, 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 avoid a contract award or to discontinue services of any
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District Agreement#05-0212
personnel considered by STATE to be unqualified on the basis of credentials, professional
expertise,failure to perform, and/or other pertinent criteria.
8. To submit to STATE for review, comment, concurrence, and/or approval all Right of Way
Engineering Land-Met Maps and Right of Way Appraisal Maps, Records of Survey, and Right
of Way Record Maps all prepared 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.
9. Personnel who prepare the preliminary engineering and environmental documentation,
including investigative studies and technical environmental reports, shall be made available
to STATE, at no cost to STATE, through completion of PROJECT construction to discuss
problems which may arise during PS&E, Right of Way, and Construction phases of the
PROJECT, and/or to make design revisions for contract change orders mutually agreeable to
STATE and the CIlYtts3t.
10. CITY shall include a °conflict of interest" requirement in the PROJECT design consultant
contract(s) that prohibits the design consultant from being employed or under contract to the
future PROJECT construction contractor.
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
12. To make written application to STATE for necessary encroachment permits authorizing entry
of CITY onto SHS right of way to perform required PROJECT DEVELOPMENT work as more
specifically defined elsewhere in this Agreement. CITY shall also require CITY's consultants
and contractors to make written application to STATE for the same necessary encroachment
permits.
13. To identify andlocate 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 PROJECTS positive identification and location, protection, relocation, or
removal of utility facilities whether inside or outside SHS 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.
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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 SHS right of
way and that such work will be completed prior to 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.
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District Agreement#05-0212
16. To acquire and furnish all right of way, if any, outside of 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
IQA to ensure that 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 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, comment, concurrence, and/or approval by STATE prior to the
advertisement for bids for the contract to construct PROJECT.
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 existing SHS right of way that could impact
PROJECT as part of performing any work pursuant to this Agreement 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. plans in a format acceptable to STATE.
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.
22. All aerial photography and photogrammetric mapping shall conform to STATE's latest
standards.
23. 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, all information and materials listed in the document"Materials Needed to
Review Consultant Photogrammetric Mappinctn 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.
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25. To submit to STATE a list of STATE horizontal and vertical control monuments that will be
used to control surveying activities for PROJECT.
26. CITY agrees to dedicate to STATE necessary Right of Way to accommodate new
southbound on-ramp, as shown in Exhibit B, attached and made a part-of this agreement
SECTION 11
STATE AGREES:
1. At no cost to CITY, to complete STATE's review, comment and approval, if appropriate, as
the CEQA Lead Agency and NEPA Lead Agency, if applicable, of the environmental
documentation prepared entirely by CITY and to provide IQA of all CITY PROJECT
DEVELOPMENT 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,
comments, concurrence, and/or approvals 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.
2. 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.
SECTION III
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, State Budget Act authority and the allocation of funds by the
California Transportation Commission (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 or
STATE approved standard design exceptions1m]. 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 pursuant to an amendment to this Agreement authorizing such services to
be performed by STATE.
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Attachment 1
District Agreement#05-0212
3. The Project Study Report (PSR) for PROJECT, approved on February 27, 2004, 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 for completion of the PROJECT's environmental documentation and/or
if applicable, requested by the Federal Highway Administration (FHWA). The preparation of
the PR and environmental documentation for PROJECT shall be performed in accordance
with STATE's standards and practices current as of the date of performance.
5. The design, right of way acquisition, and preparation of environmental documentation,
including investigative studies and technical environmental reports, 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 aCEQA Responsible Agency.
STATE will be the NEPA Lead Agency 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 if applicable, NEPA. CITY will submit to
STATE all investigative studies and technical environmental reports for STATE's review,
comment, and approval. The , environmental document and/or categorical
exemption/exclusion determination, including the administrative draft, draft, administrative
final, and final environmental documentation, as applicable, will require STATE'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 if applicable, NEPA, this Agreement will be amended to include completion of
those additional tasks by CITY.
7. 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 a PROJECT cost. a
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S. CITY shall be fully responsible for complying with and implementing any and all
environmental commitments set. forth in the environmental documentation, permits,
agreements, and/or approvals for PROJECT. The costs of said compliance and g
implementation shall be a PROJECT cost.
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9. 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
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the CEQA environmental process and if applicable, the NEPA 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. STATE will work with the appropriate
Federal agency to publish notices in the Federal Register, if applicable.
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 and if
applicable, the NEPA environmental process. CITY, to the satisfaction of STATE and
subject to all of STATE's and FHWA'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 and if applicable, the NEPA environmental
process. STATE will participate as CEQA Lead Agency and if applicable, the NEPA Lead
Agency, in all public meetings/hearings related to the CEQA environmental process and if
applicable, the NEPA environmental process, for PROJECT. CITY shall provide STATE the
opportunity to provide comments on any public meeting/hearing exhibits, handouts or other
materials at least ten- (10) days prior to any such public meetingsthearings. STATE
maintains final editorial control of exhibits, handouts or other materials to be used at public
meetings/hearings.
10. In the event CITY would like to hold separate and/or additional public meetingsthearings
regarding the PROJECT, CITY must clarify in any meeting/hearing notices, exhibits; .
handouts or other materials that STATE is the CEQA Lead Agency and 4 applicable, the
NEPA Lead Agency, and CITY is the CEQA Responsible Agency. Such notices, handouts
and other materials shall also specify ' that public comments gathered at such
meetingsthearings are not part of the CEQA and if applicable, NEPA, public review process.
CITY shall provide STATE the opportunity to provide comments on any meeting/hearing
exhibits, handouts or other materials at least ten (10) days prior to any such
meetings/hearings. STATE maintains final editorial control of exhibits, handouts or other
materials to be used.at public meetings/hearings solely with respect to text or graphics that
could lead to public confusion over CEQA and if applicable, NEPA, related roles and
responsibilities.
11. 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 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.
12. The party that discovers HM will immediately notify the other party(ies) to this Agreement.
HM-1 is defined as hazardous material (including but not limited to hazardous waste) that
requires removal and disposal pursuant to federal or state law, whether it is disturbed by
PROJECT or not.
HM-2 is defined as hazardous material (including but not limited to hazardous waste) that
may require removal and disposal pursuant to federal or state law, only if disturbed by
PROJECT.
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District Agreement#05-0212
13. STATE, independent of PROJECT, is responsible for any HM-1 found within existing SHS
right of way. STATE will undertake HM-1 management activities with minimum impact to
PROJECT schedule and will pay all costs associated with HM-1 management activities.
STATE has no responsibility for management activities or costs associated with HM-1 found
outside the existing SHS right of way. CITY, independent of PROJECT, is responsible for
any HM-1 found within PROJECT limits outside existing SHS right of way. CITY will
undertake, or cause to be undertaken, HM-1 management activities with minimum impact to
PROJECT schedule, and CITY will pay, or cause to be paid, all costs associated with HM-1
management activities.
14. If HM-2 is found within the limits of PROJECT, the public agency responsible for
advertisement, award, and administration (AAA) of the PROJECT construction contract will
be responsible for HM-2 management activities.
Any management activity cost associated with HM-2 is a PROJECT construction cost.
15. Management activities associated with either HM-1 or HM-2 include, without limitation, any
necessary manifest requirements and designation of disposal facility.. [m]
16. STATE's acquisition of or acceptance of title to any property on which any hazardous
material is found will proceed in accordance with STATE's policy on such acquisition.
17. A separate Cooperative Agreement (s) will be required to cover responsibilities and funding
for the construction phase of PROJECT.
18. Nothing in the provisions of this Agreement is intended to create duties or obligations to thins
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.
19. 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 conferred upon CITY 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 limited to, tortious,
contractual, inverse condemnation, or other theories or assertions of liability occurring by
reason of anything done or omitted to be done by CITY under this.Agreement.
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20. 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 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, or other theories or assertions of liability occurring by
reason of anything done or omitted to be done by STATE under this Agreement.
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21. 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.
22. This Agreement may be terminated or provisions contained herein may be altered, changed,
or amended by mutual consent of the parties hereto.
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.
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, 2016, whichever is earlier in
time, except that the ownership, operation, maintenance, indemnification, environmental
commitments, legal challenges, and claims.artices shall remain in effect until terminated or
modified, in witting, by mutual agreement. Should any construction related or other claims
arising out of PROJECT be asserted against one of the parties, the pafies 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..
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1 Attachment 1
District Agreement#05-0212
STATE OF CALIFORNIA CITY OF SAN LUIS OBISPO
Department of Transportation 955 Morro Street
San Luis Obispo, CA 93401
Cindy McKim
Chief Deputy Director
By
Mayor
By
RICHARD KRUMHOtZ
District 5 Director Attest:
BY
Approved aq to form&procedure: City Clerk
By Approved as to form & procedure:
Attorney, Department of
Transportation
By
City Attorney
Certifiep as to form&procedure:
j Certified as to funds:
Accounting Administrat
By
Finance Director
Certified as to funds
Approved as to format:
By:
District 5 Budget Manager
By
Public Works Director
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Attachment 1
Exhibit A.
ESTMATE OF COSTS(in 000's)
Dated 4-12-2010
EA OH7300
(000-s)
Description Total Costs Locally Funded STIP(RIP)
Preliminary
Engineering $ 3,384 $ 3,384
Right of Way $ 1,200 $ 1,200
Construction(incl CM) $ 17,400 $ 3,600 $ 13,800
Totals $ 21,9841 $ 8,184 $ 13,800
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Attachment 9
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