The URL can be used to link to this page

Home My WebLink AboutCALTRANS - Cooperative Agreement- 11-21-2022Agreement No: 06-1748 Project ID.: 0621000016 EA:1C070 06 FRE 180 (R62.9) COOPERATIVE AGREEMENT State SHOPP Minor Funds Contribution This Agreement, effective on Nov 21, 2022 , is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and: City of Fresno, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY. ISM it r� Ify PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code Sections 114 and 130. 2. The term AGREEMENT, as used herein, includes any attachments, exhibits, and amendments. This AGREEMENT shall have no force or effect until CITY has obtained an encroachment permit from CALTRANS. 4, CITY intends to construct upgrade pedestrian countdown heads within the State Highway System and is referred to herein as the PROJECT. 5. CITY will follow the CALTRANS encroachment permit process in order to complete the PROJECT. 6. CALTRANS will pay CITY in the amount of $20,000 from SHOPP Minor funds required for the PROJECT. 7. PARTIES hereby set forth the terms, covenants, and conditions for CALTRANS' contribution toward the PROJECT. SCOPE 8. CITY is responsible for completing all work for the PROJECT. 9. At no cost to CITY, CALTRANS will perform Quality Management to assure CITY's work is performed in accordance with CALTRANS' current policies, procedures, standards, and practices. Minor Funds Contribution Agreement 2016 06 13 Page 1 of 7 Agreement No: 06-1748 Project ID.: 0621000016 INVOICE & PAYMENT 10. CITY will submit to CALTRANS monthly invoices for the prior month's actual expenditures. 11. CALTRANS will pay CITY within 45 (forty-five) calendar days of receipt of invoices. 12. PARTIES agree that the total amount of SHOPP Minor funds paid out to CITY will not exceed $20,000. 13. After PARTIES agree that all work for the PROJECT is complete, CITY will submit a final accounting for all costs. Based on the final accounting, CITY will refund or invoice as necessary in order to satisfy the financial commitment of this AGREEMENT. GENERAL CONDITIONS 14. All portions of this AGREEMENT, including the Recitals Section, are enforceable. 15. All obligations of CALTRANS under the terms of this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, and the allocation of funds by the California Transportation Commission. 16. Notwithstanding the terms of this AGREEMENT, PARTIES agree to abide by the funding guidelines for all contributed funds that are programmed and allocated by the CTC. 17. If CITY fails to complete the PROJECT for any reason, CITY shall, at CITY's expense, return the State Highway System right-of-way to its original condition or to a safe and operable condition acceptable to CALTRANS. If CITY fails to do so, CALTRANS reserves the right to finish the work or place the PROJECT in a safe and operable condition. CALTRANS will bill CITY for all expenses incurred and CITY agrees to pay said bill within forty-five (45) days of receipt. 18. If CITY fails to complete the PROJECT for any reason, CITY will refund the full amount of CALTRANS' contribution. 19. CITY will retain all PROJECT related records for three (3) years after the final voucher. 20. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, whether it is disturbed by the PROJECT or not. HM-2 is 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 the PROJECT. The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-I MANAGEMENT and HM-2 MANAGEMENT respectively. Minor Funds Contribution Agreement 2016 06 13 Page 2 of 7 Agreement No: 06-1748 Project ID.: 0621000016 21. If HM-1 or HM-2 is found during construction, CITY will immediately notify CALTRANS. 22. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-I MANAGEMENT with minimum impact to the PROJECT schedule. CALTRANS, independent of the PROJECT will pay, or cause to be paid, the cost of HM-1 MANAGEMENT related to HM-1 found within the existing State Highway System right- of-way. 23. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake or cause to be undertaken HM-I MANAGEMENT with minimum impact to the PROJECT schedule. CITY, independent of the PROJECT, will pay, or cause to be paid, the cost for HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way. 24. CITY is responsible for HM-2 MANAGEMENT within the PROJECT limits. 25. HM-2 MANAGEMENT costs are PROJECT costs. 26. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub -contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub -contractors, and/or its agents under this AGREEMENT. 27. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub -contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub- contractors, and/or its agents under this AGREEMENT. Minor Funds Contribution Agreement 2016 06 13 Page 3 of 7 Agreement No: 06-1748 Project ID.: 0621000016 28. If the work performed on this PROJECT is done under contract and falls within the Labor Code section 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771 CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements. CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this AGREEMENT when the work to be performed by the subcontractor is "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY contracts. 29. This AGREEMENT is intended to be PARTIES final expression and supersedes all prior oral understandings pertaining to the PROJECT. 30. Unless otherwise documented in a maintenance agreement, CITY will maintain all PROJECT improvements. 31. This AGREEMENT will terminate upon CALTRANS' acceptance of the PROJECT. However, all indemnification and maintenance articles of this AGREEMENT will remain in effect until terminated or modified in writing by mutual agreement. Minor Funds Contribution Agreement 2016 06 13 Page 4 of 7 Agreement No: 06-1748 Project ID.: 0621000016 DEFINITIONS PARTY — Any individual signatory party to AGREEMENT. PARTIES — The term that collectively references all of the signatory agencies to AGREEMENT. Minor Funds Contribution Agreement 2016 06 13 Page 5 of 7 Agreement No: 06-1748 Project ID.: 0621000016 CONTACT INFORMATION The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT. The primary Agreement contact person for CALTRANS is: Michael Dennison, Project Manager 2015 E. Shields Ave., Suite 100 Fresno, CA 93726 Office Phone: (559) 383-5175 Email: michael.dennison dot.ca. ov The primary Agreement contact person for CITY is: Scott Sehm, Public Works Manager 2600 Fresno Street Fresno, CA 93721 Office Phone: (559) 621-8712 Email: scott.schm(@,fresno.gov Minor Funds Contribution Agreement 2016 06 13 Page 6 of 7 Agreement No: 06-1748 Project ID.: 0621000016 SIGNATURES PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically. The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION r r- Diana Gomez District Director VERIFICATION OF FUNDS AND AUTHORITY: By: 60 Claudia Juarez Acting District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: By: Darwin Salmos HQ Accounting Supervisor CITY OF FRESNO A California municipal corporation By: Randall Morrison (Nov 17, 202214:4444 PS Randall W. Morrison, PE Assistant Director APPROVED AS TO FORM: RINA GONZALES Interim City Attorney gr-andan Collef By: Brandon Collet (Nov 15, 2022 14 43 PST) Brandon M. Collet Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk A GO Y D By: Tina M. Yau r,RKordS Supumlor jNOv 11. 2022 1 ;Oi PST7 Deputy Minor Funds Contribution Agreement 2016 06 13 Page 7 of 7