HomeMy WebLinkAboutCA DEPT TRANSPORTATION 6 - 199512-0R3% - 55 PM. 7.5
At Alton Avenue Overcrossing
12208 00550K
District Agreement No. 12-214
COOPERATIVE A~REEMENT
This AGREEMENT, entered into on ~ ~ , 1995 is
between the STATE OF CALIFOP~NIA, acting by and through its Department
of Transportation, referred to herein as STATE, and
CITY OF SANTA ANA, a body politic and
a municipal Corporation of the State
of California, referred to herein as
CITY.
District Agreement No. 12-214
(i)
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 CITY. The Cit~ of
Irvine has authorized CITY
agreement with STATE for the
within the City of Irvine.
to enter into a cooperative
portion of improvements lying
(2) CITY desires State highway improvements consisting of
constructing an overcrossing on Route 55 at Alton Avenue
referred to herein as "PROJECT". The Project Study Report
(PSR) has been completed and CITY is willing to fund one
hundred percent (100%) of all costs for preparation of a
Project Report (PR) and Environmental Document (ED) for
PROJECT, except that costs of STATE's oversight may be borne
by STATE.
(3) This Agreement supersedes any prior
Understanding (MOU) relating to PROJECT.
Memorandum of
(4)
Plans, Specifications & Estimate (PS&E) preparation and
Construction of said PROJECT will be the subject of separate
future agreements.
2
(5)
District Agreement No. 12-214
The .l~ =ies hereto desire to define herein the terms and
condi~s under which said PROJECT will be developed,
environmentally approved, and financed.
CITY A~REES:
(1)
SECTION I
To fund one hundred percent (100%) of all preliminary
engineering costs, including, but not limited to, costs for
preparation of Project Report and Environmental Documents.
(2)
To have a PR and ED prepared at no cost to STATE and to submit
each to STATE for review and approval at appropriate stages of
development. Any deviations from the basic design features
shown in the approved PSR shall be concurred with by STATE.
PR 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 the environmental clearance. 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 Scope of Work and/or other
pertinent criteria.
3
(4)
District Agreement No. 12-214
Not t~use funds from any Federal Aid Program for preparation
of the PR and ED for PROJECT.
(5)
To make written application to STATE for necessary
encroachment permits authorizing entry onto STATE's right of
way to perform surveying and other investigative activities
required for preparation of the PR and ED at no cost to CITY.
(6)
To comply with the terms and conditions of the Highway
Encroachment Permits, existing California Law, including
Statutory and Case Law, and all existing property rights when
determining liability for utility relocation costs.
(7)
To be responsible, at CITY expense for Initial Site Assessment
(ISA), Site Investigation (SI)and remediation of potential
hazardous waste site(s) outside of the existing state highway
right of way that could impact PROJECT.
STATE A~REES=
(1) To provide,
SECTION II
at no cost to CITY,
oversight for preparation of
the PR and ED of PROJECT and to provide prompt reviews and
approvals, as appropriate, of submittals by CITY, and
cooperate in timely processing of PROJECT documents.
to
(2)
District Agreement No. 12-214
To iss%l~, at no cost to CITY, upon proper written application
by CIT~', an encroachment permit to CITY authorizing entry onto
STATE's right of way to perform survey and other investigative
activities required for preparation of the PR and ED. If CITY
uses consultants rather than its own staff to perform required
work, the consultants will also be required to obtain an
encroachment permit. The permit will be issued at no cost
upon proper application by the consultants,
(3)
To be responsible, at STATE expense, for the investigation and
remediation of potential hazardous waste within the existing
State highway right of way, if it is determined that the
source of contamination is within the existing State highway
right of way and that the contamination presents a threat to
public health or environment regardless of being disturbed or
not. If STATE's cost to mitigate is increased due to PROJECT,
the additional cost shall be borne by CITY.
SECTION III
IT IS MUTUALLY AGREED:
(1) Ail obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature
and the allocation of resources by the California
Transportation Commission.
5
(2)
District Agreement No. 12-214
The p~es hereto will carry out PROJECT in accordance with
the Sc~ 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 in the future be
modified in writing to reflect changes in the responsibilities
of the respective parties. Such modifications shall be
concurred with by CITY's Executive Director of Public Works or
other official designated by CITY and STATE's District
Director for District 12 and become a part of this Agreement
after execution.by the respective officials of the parties.
(3)
The Project Study Report (PSR) for PROJECT approved on
September 28, 1992, by this reference, shall become part of
this Agreement.
(4)
The basic design features shall comply with those addressed in
the approved PSR, unless modified as required for design and
approval of environmental document.
(s)
Preparation of the PR and ED for PROJECT shall be performed in
accordance with STATE standards and practices current as of
the date of execution of this Agreement. Any exceptions to
applicable design standards shall be approved by STATE via the
processes outlined in STATE's Highway Design Manual and
appropriate memorandums and design bulletins published by
6
District Agreement No. 12-214
STATE. In the event that STATE proposes and/or requires a
change %n design standards , implementation of new or revised
design standards shall be done in accordance with STATE's
memorandum "Effective Date for Implementing Revisions to
Design Standards", dated February 8, 1991. State shall
consult with CITY in a timely manner regarding effect of
proposed and/or required changes on PROJECT.
(6)
If a finding is made that Federal and State regulations do not
require mitigation of contaminated site(s) in its present
condition within the existing State highway right of way, CITY
shall be responsible, at CITY expense, for any remedial action
required as a result of proceeding with PROJECT. Locations
subject to cleanup include utility relocation work required
for PROJECT.
(7)
The party responsible for funding the cleanup shall be
reponsible for the development of the necessary mitigation and
remedial plans and designs. Remedial actions proposed by CITY
shall be approved by STATE and shall be performed in
accordance with standards and practices of STATE and other
Federal and State regulatory agencies.
7
(8)
Separate Cooperative
respomeibilities and
construction phases.
District Agreement No. 12-214
Agreements will be required to cover
funding for the PROJECT PS&E and
These will include language to address
any required hazardous waste work, pending the results of site
investigation(s).
(9)
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 maintenance of State highways different
from the standard of care imposed by law.
(10)
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 the State of
California, all officers and employees from all claims, suits
or action 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 under or in connection with any work, authority
8
District Agreement No. 12-214
or jurisdiction delegated to CITY under this Agreement.
(11)
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 under or in
connection with any work, authority or jurisdiction delegated
to STATE under this Agreement. It is understood 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) occurrin~ 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.
(12)
This Agreement may be terminated or provisions contained
herein may be altered, changed, or amended by mutual consent
of the parties hereto.
District Agreement No. 12-214
(13) Except as otherwise provided in /%rticle (12) above, this
Agreement shall terminate upon completion and acceptance of
the PR and ED for PROJECT or on December 31, 1996, whichever
is earlier in time.
STATE OF CAJLIFOP~NIA
Department of Transportation
JAMES W. v~n LOBEN SELS
Director of Transportation
Walt H. H~geS- - ~
District Division Chief
Design
ATTEST:
By
Approved as to Form and Procedure
CITY OF SANTA ANA ~
APPROVED AS TO FORM:
~t to~ey '
t '
Depar~raent of Transpor atmon
Certified as to Form and Procedure
~c~ AdminiF'"'-'~s t rat or
City Attorney
/ /
City Manager
Certified as to Funds
District Resource Manager
10
District Agreement No. 12-214
12-0RA-55 PM 7.5
At Alton Avenue Overcrossing
12208 - 00550K
SCOPE OF WORK
This Scope of Work outlines the specific areas of responsibility
for various project development activities for the proposed PR and
ED of improvements on Route 55 at Alton Avenue overcrossing as
follows:
1)
CITY will be the Lead Agency for CEQA and STATE will be the
State Lead Agency for NEPA. The Federal Highway
Administration (FHWA) will be the Federal Lead Agency for
NEPA. CITY will prepare the Environmental Document (ED) to
meet the requirements of CEQA and NEPA. The draft and
final ED will require STATE review and approval prior to
public .circulation. CITY will provide all data for and
prepare drafts of the Project Report (PR) and the Project
Approval Report (PAR). STATE will review and process the
reports and request approval of the PROJECT and ED by the
Fh~WA. CITY will be responsible for the public hearing
process.
11
2)
District Agreement No. 12-214
CI~-and STATE concur that the proposal is a Category 3 as
de~ed in STATE's Project Development Procedures Manual.
3) CITY will submit drafts of environmental technical reports
and individual sections of the
documents, and project reports, to
developed, for review and comment.
projections to be used in the various
supplied by STATE if available, or by
traffic data shall be furnished by CITY.
draft environmenta~
STATE, as they are
Traffic counts and
reports shall be
CITY. Existing
4) STATE will review, monitor, and approve all environmental
documents, project development reports, studies and plans.
5)
STATE will prepare the revised freeway agreement and obtain
approval of the new public road connections from the
California Transportation Commission.
6) Ail phases of PROJECT, whether done by CITY or STATE, will
be developed in accordance with all policies, procedures,
practices and standards that STATE would normally follow.
7)
Detailed steps in the project development process are
attached to this Scope of Work. These attachments are
intended as a guide to STATE and CITY staff.
12
District Agreement No.
ATTACHMENT 1
PLANNING PHASE ACTIVITIES
PROJECT ACTIVITY
ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION
Establish Project Development Team (PDT)
Approve PDT
Project Category Determination
Prepare Preliminary Initial Study
Identify Preliminary Alternatives and Costs
Prepare and Submit Environmental Studies
and Reports
Review and Approve Environmental Studies
and Reports
Prepare and Submit Draft Environmental
Documents (DED)
Review DED in District
Obtain Federal Review and Approval
(If Necesary)
12-214
RESPONSIBILITY
STATE CITY
X X
X
X
X
X
X
X
X
X
X
PROJECT GEOMETRICS DEVELOPMENT
Provide Existing Traffic and Accident
Prepare Existing Traffic Analysis
Prepare
Prepare
Data
Future Traffic Volumes for Alternatives
Project Geometrics and Profiles
13
X
X
X
X
CTIVITY
Prepare Layouts and Estimates for Alternatives
Prepare Operational Analysis for Alternatives
Review and Approve Project Geometrics and
Operational Analysis
District Agreement No. 12-214
RESPONSIBILITY
STATE CITY
X
X
X
PROJECT APPROVAL
Lead Agency for Environment Clearance Certifies
ED in Accordance with its Procedures
Obtain FONSI (If Required) X
Prepare Draft Project Report (DPR)
Finalize and Submit Project Report with
Certified ED for Approval
Approve Project Report and ED X
X
X
X
HAZARDOUS WASTE ACTIVITY
A. Outside of STATE Right of Way
Conduct an Initial Site Assessment (ISA) for
hazardous waste on properties involved
in PROJECT. ISA shall be performed by
qualified personnel.
Confirm Potential Hazardous Waste Sites identified
in the ISA by conducting Site Investigation (SI)
(soil/groundwater testing) to determine the
type and extent of contamination.
X
X
14
~IVITY
Prepare a report
Review Site Investg. Report prepared by the CITY.
After STATE Review Send the Report to Regulatory
Agency(ies) for their Approval.
District Agreement No. 12-214
RESPONSIBILITY
STATE CITY
of the Site Investigation. X
X
X
B. Within STATE Right of Way
Conduct an Initial Site Assessment (ISA) for
hazardous waste on the properties involved
in PROJECT. ISA shall be performed by
qualified personnel. X
Confirm Potential Hazardous Waste Sites identified
in the ISA by conducting site investigation
(soil/groundwater testing) to determine the
type and extent of contamination. X
Prepare a report of the Site Investigation. X
Send the Report to Regulatory Agency(les) for
their Approval. X
15
MAYOR
MAYOR PRO TEM
Robert L. Richardson
COUNCILMEMBER$
Tony Espinoza
Thomas E. Lutz
Patricia A. McGuigan
Lisa Mills
Ted R Moreno
SAN rA ANA
CITY MANAGER
David N. Ream
CITY ATTORNEY
Edward J. Coo0er
CLERK OF THE COUNCIL
]anice C. Guy
MINUTES EXCERPT
MEETING DATE: November 6, 1995
COUNCIL MEMBERS PRESENT:
ABSENT:
Espinoza, Lutz, McGuigan, Mills, Moreno,
Richardson, Pulido
None
AGREEMENTS
Motion:
Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to
· execute agreement.
25.E.
PROJECT REPORT AND ENVIRONMENTAL DOCUMENTATION - ALTON
AVENUE OVERCROSSING AT SR-55 - With State of California - Public Works
Agency AGMT 95-102
MOTION: McGuigan
SECOND: Richardson
VOTE:
AYE S:
NOES:
Espinoza, Lutz, McGuigan, IVfills, Moreno, Pulido,
Richardson
None
ABSENT: None
20 CIVIC CENTER PLAZA · P.O. BOX 1988 SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6520
FAX (714) 647-6956
STATE OF CALIIrORN1A )
COUNTY OF ORANGE )
CITY OF SANTA ANA )
I, JANICE C. GUY, Clerk of the Council of the City of Santa Ana, California, hereby certify the
foregoing to be a full, tree and correct copy of the minute ent~ on record in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 1 lth day of January, 1996.
Clerk of the Council
City of Santa Aha