HomeMy WebLinkAbout _ 4.11(d)--Resolution-Cooperative Agreement CA Street Bikeway Project � � �' � � �
� � � ' � �' � � ' � ` CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: June 18,2024 FROM: Michael Webb, Public Works
ITEIVI NO. 4.11(d) Director
***APPROVED BY***
�c a� � �bEi� 'c�r�Cs t7�reetcsr (�,°tt�r'2t}`?� te�r� , ;� � �:rr b,`7,'?C}?
mwebb@cityofredding.org btippin@cityofredding.org
SUBJECT: 4.11(d)--Authorize the Mayor to Execute a Cooperative Agreement with the
California Department of Transportation and Adopt a Budget Resolution for the California Street
Bikewa Project
Recommendation
Authorize the following actions related to the City of Redding (City} Sauth Redding Bikeway
and Pedestrian Trail Project:
(1) Authorize the Mayor to execute a construction funding Cooperative Agreement (Co-op)
with the California Department of Transportation (Caltrans), including any extensions or
amendments; and
(2) Adopt Resolution approving and adopting the 44th Amendment to City Budget
Resolution No. 2023-060 appropriating funds in the amount $2,870,000 for Fiscal Year
2023-24 and;
(3} Authorize the City Manager to execute an oversight cooperative agreement with Caltrans,
including any extensions or amendments.
Fiscal Impact
The City of Redding (City) and the California Departmen�of Transportation(Caltrans)will share
the costs of the California Street Bikeway Project (Project). Caltrans will contribute construction
funds using State I�ighway Operation Protection Program (SI�OPP) construction capital funds in
the amount of$2,8'70,000. Below is a project funding summary table:
Fundin Summa Table
Source Amount
Affordable Housing and Sustainable $1,2$9,000
Communit AHSC Grant
Caltrans $2,870,000
Cit Streets $675,000
Total Bud eted Funds $4,834,000
Estimated Pro'ect Costs $4,530,000
Report to Redding City Council June 10,2024
Re: 4.12(d)--Resolution-Cooperative Agreement CA Street Bikeway Project Page 2
Alternative Action
The City Council may choose not to authorize the Mayor to execute the Cooperative Agreement
with Caltrans. This alternative will not allow the City to receive funding from Caltrans. The City
will have to contribute more funding or identify additional funding sources to deliver the Project
to construction. In addition, further delays beyond December 2024 in identifying funding would
jeopardize loss of previously spent and remaining California Department of Housing and
Community Development's (HCD) Affordable Il�ousing and Sustainable Communities (AHSC)
Program grant funding.
Background/Analysis
In October of 2016, HCD awarded the City and K2 Development Company, Inc., (K2) AHSC
Program funding in the amount of$20 million for the Redding Downtown Loop and Affordable
Housing (RDLAH) Project located at 1551 Market Street. The RDLAH Project included
construction of a four-story, mixed-use building and a subterranean parking facility. In addition,
the RDLAH Project included reestablishment of the formerly abandoned street rights-of-way and
reconstruction of pedestrian and bicycle-friendly streets along portions of Market, Yuba, and
Butte Streets known as the Downtown Streets Circulation (DSC) Project; as well as constructing
a separated two-way bikeway on California Street known as the California Street Bikeway
Project. The RDLAH and DSC Projects were completed in February 2021.
The Bikeway Project proposes to construct a separated two-way bikeway, also referred to as a
cycletrack, on California Street from Yuba Street to Division Street. The Bikeway Project work
includes constructing curbs, curb ramps, asphalt concrete paving, intersection signal installations,
storm drainage improvements, pavement markings, and other miscellaneous items of work.
The Bikeway Project has presented many design challenges not anticipated in the grant
application process including complications using standard traf�c control devices (signals) for
the operation of the cycletraek with motor vehicles, identi�cation of excessive pavement
shoulder cross slopes and drainage constraints. In addition, the challenge of constructing a
cycletrack in Caltrans right-of-way for the first time in Caltrans District 2 has required
significantly more collaboration and engineering coordination.
A1ong with the increased design challenges, the Bikeway Project was initially underfunded for
construction. Staff has been able to secure additional construction funding in the amount of$2.8'7
million from Caltrans for construction in the state right-of-way to supplement funds for the
project. The City has been working with Caltrans on the attached construction funding
Cooperative Agreeinent.
In addition, the City and Caltrans are working on a separate project oversight cooperative
agreement required by Caltrans for project review and issuance of an encroachment permit. This
is an administrative agreement and within the City Manager's agreement signature authority.
However, staff is also requesting Council to authorize the City Manager to execute the oversight
cooperative agreement.
The cooperative agreement for the construction funding has been approved to form by the City
Attorney.
Report to Redding City Council June 10,2024
Re: 4.12(d)--Resolution-Cooperative Agreement CA Street Bikeway Project Page 3
Environmentccl Review
This action is not a project as defined by the California Environmental Quality Act(CEQA), and
no action is required at this time. Staff will request a CEQA determination from Council when
the contract is awarded for construction for the California Street Bikeway Project.
Council P�ioNity/City Manage� Goals
• Public Safety — "Work to improve all aspects of public safety to help people feel secure
and safe where they]ive, work and play in the City of Redding."
Attachments
^Resolution
^DRAFT Contract
RESOLiJTION NO. 2024-
A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE
44TH AMENDMENT TO CITI' BUDGET RESOLUTION NO. 2023-060
APPROPRIATING $2,8'70,000 IN STATE GRANT FUNDING FOR THE CALIFORNIA
STREET BIKEWAY PROJECT FOR FISCAL YEAR 2023-24
BE IT RESOL VED BY THE CITY COZINCIL OF THE CITY OF REDDING
THAT Budget Resolution No. 2023-060 be and is hereby amended as follows:
FUND DIVISION DESCRIPTION TNCREASE DECREASE
151 1671 Transportation Grant Projects $2,870,000
THAT account titles and numbers requiring adjustments by this Resolution are as follows:
USE SOURCE
OF FUNDS OF FUNDS
Increase(Decrease)Revenue
State Grant Capital-Public
151-1671-3629001-00000 Works $ 2,870,000
Increase Expenditures
151-1671-7700008-00000 Bike Paths&Lanes $ 2,870,000
Total $ 2,870,000 $ 2,870,000
THAT the purpose is to appropriate $2,870,000 in State grant funding for the California Street
Bikeway project for the fiscal year 2023-24.
I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City
Council of the City of Redding on the 18th day of June, 2024, and was duly adopted at said meeting
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
TENESSA AUDETTE, Mayor
ATTEST: FORM APPROVAL:
SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney
DRAFT Agreement No. 02-0229
Project No.: 0223000180
EA: 02-0K570
02-SHA-273-16.58116.73
COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from ,is between the
State of California, acting through its Department of Transportation,referred to as CALTRANS, and:
City of Redding, a body politic and municipal corporation or chartered city of the State of
California,referred to hereinafter as CITY.
An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively,the
signatory agencies in this AGREEMENT are referred to as PARTIES.
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State
Highway System(SHS)per the California Streets and Highways Code, Sections 114 and 130.
2. For tl�e purpose of this AGREEMENT,construct two-way Class IV bikeway along State Route
273 (California Street),within the State Highway System, will be referred to hereinafter as
PROJECT. The PROJECT scope of work is defined in the project initiation and approval
documents (e.g. Project Study Report,Design Engineering Evaluation Report, or Project Report).
3. A11 obligations and responsibilities assigned in this AGREEMENT to complete the following
PROJECT COMPONEN�T wi11 be referred to hereinafter as WORK:
• CONSTRUCTION
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a
distinct group of activities/products in the project planning and development process.
4. The term AGREEMENT, as used herein,includes this docuinent and any attachments, exhibits,
and amendments.
This AGREEMENT is separate from and does not modify or replace any other cooperative
agreement or memorandum of understanding between the PARTIES regarding the PROJECT.
PARTIES intend this AGREEMENT to be their final expression that supersedes any oral
understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will.
preside over any conflicting requirements in any documents that are made an express part of this
AGREEMENT.
If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be,or
are in fact,illegal,inoperative, or unenforceable,those provisions do not render any or all other
AGREEMENT provisions invalicl, inoperative, or unenforceable, and those provisions will be
automatically severed from this AGREEMENT.
Except as otherwise provided in the AGREEMENT,PARTIES wi]1 execute a written amendment
if there are any changes to the terms of this AGREEMENT.
PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT. However,
all indemnification, document retention, audit, claims, environmental commitment,legal
challenge,maintenance and ownership articles wi11 remain in effect until terminated or modified
in writing by mutual agreeinent or expire by the statute of limitations.
5. The following work associated with this PROJECT has been completed or is in progress:
Agreement No.02-0229 � 02-SHA-273 �EA: 02-OK570
Page �2
DRAFT Agreement No. 02-0229
Project No.: 0223000180
EA: 02-0K570
02-SHA-273-16.58116.73
• CALTRANS completed the Project Initiation Document(PID) on June 29, 2023.
• CITY approved the Categorical Exemption(CE) on March 8, 2016.
• CITY is developing the P1ans, Specifications, and Estimate(PS&E).
• CITY is developing the Right-of-Way Certification.
6. In this AGREEMENT capitalized words represent defined terms,initialisms, or acronyms.
7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.
RESPONSIBiLITiES
Sponsorship
8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial
resources to fund the WORK. A SPONSOR is responsible for securing additional funds when
necessary or implementing PROJECT changes to ensure the WORK can be completed with the
funds committed in this AGREEMENT.
PROJECT changes, as described in the CALTRANS Project Development Procedures Manual,
will be approved by CALTRANS as the owner/operator of the State Highway System.
9. CALTRANS is the SPONSOR for the WORK in this AGREEMENT.
Implementing Agency
10. The IMPLEMEN�TING AGEN�CY is the PARTY responsible for managing the scope, cost,
schedule, and quality of the work activities and products of a PROJECT COMPONENT.
• CITY is the CONSTRUCTION IMPLEMENTING AGENCY.
CONSTRUCTION includes construction contract administration, surveying/staking, inspection,
quality assurance, and assuring regulatory compliance. The CONSTRUCTION component budget
identifies the capital costs of the construction contract/furnished materials(CONSTRUCTION
CAPITAL)and the cost of the staff work in support of the construction contract administration
(CONSTRUCTION SUPPORT).
11. CITY wi11 provide a Quality Management Plan(QMP) for the WORK in every PROJECT
COMPONENT that they are implementing. The Q1VIP describes the IMPLEMENTING
AGENCY's quality policy and how it will be used. The QMP will include a process for resolving
disputes between the PARTIES at the team 1eve1. The QMP is subject to CALTRANS review and
concurrence.
12. Any PARTY responsible for completing WORK will make its personnel and consultants that
prepare WORK available to help resolve WORK-related problems and changes for the entire
d'uration of the PROJECT including PROJECT work that may occur under separate agreements.
Fundin�
13. Funding sources,PARTIES committing funds, funding amounts, and invoicing/payment details
are documented in the Funding Summary section of this AGREEMENT.
14. PARTIES will not be reimbursed for costs beyond the funding commitments in this
AGREEMENT.
If an IMPLEMENTING AGENCY anticipates that funding for the WORK wi11 be insufficient to
complete the WORK,the IMPLEMENTIN�G AGENCY will promptly notify the SPONSOR.
Agreement No.02-0229 � 02-SHA-273 �EA: 02-OK570
Page � 3
DRAFT Agreement No. 02-0229
Project No.: 0223000180
EA: 02-0K570
02-SHA-273-16.58116.73
15. t7nless otherwise documented in the Funding Summary,overall liability for project costs within a
PROJECT COMPONENT, subject to program limitations, will be in proportion to the amount
contributed to that PROJECT COMPONENT by each fund type.
16. Unless otherwise documented in the Funding Summary, any savings recognized within a
PROJECT COMPONENT will be credited or reimbursed,when allowed by policy or law,in
proportion to the amount contributed to that PROJECT COMPONENT by each fund type.
17. WORK costs, except those that are specifically excluded in this AGREEMENT, are to be paid
from the funds obiigated in the Funding Summary. Costs that are specifically excluded from the
funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs from.
funds that are independent of this AGREEMENT.
CALTRANS' Quality Mana�ement
18. CALTRANS, as the ownerloperator of the State Highway System(SHS),will perform quality
management work including Quality Management Assessment(QMA)and owner/operator
approvals for the portions of WORK within the existing and proposed SHS right-of-way.
19. CALTRANS'Quality Management Assessment(QMA) efforts are to ensure that CITY's quality
assurance results in WORK that is in accordance with the applicable standards and the
PROJECT's quality management plan(QMP). QMA does not include any efforts necessary to
develop or deliver WORK or any validation by verifying or rechecking WORK.
When CALTRANS performs QMA, it does so for its own beneft.No one can assign liability to
CALTRANS due to its QMA.
20. CALTRANS, as the owner/operator of the State Highway System,will approve WORK products
in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.
21. CITY wi11 provide WORK-related products and supporting documentation upon CALTRANS'
request for the purpose of CALTRANS' quality management work.
CEQA Lead Agency
22. CITY is the CEQA Lead Agency for the PROJECT.
23. CALTRANS is a CEQA Responsible Agency for the PROJECT.
Environmental Permits,Approvals and A�reements
24. PARTIES will comply with the cominitments and conditions set forth in the enviromnental
documentation, environmental permits, approvals, and applicable agreements as those
commitments and conditions apply to each PARTY's responsibilities in this AGREEMENT.
25. Unless otherwise assigned in this AGREEMENT,the IMPLEMENTING AGENCY for a
PROJECT COMPONENT is responsible for a11 PROJECT COMPONENT WORK associated
with coordinating, obtaining,implementing,renewing, and amending the PROJECT permits,
agreeinents, and approvals whether they are identified in the planned project scope of work or
become necessary in the course of completing the PROJECT.
26. The PROJECT will not require environmental permits/approvals.
CONSTRiJCTION
27. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for all
CONSTRUCTION WORK except those activities and responsibilities that are assigned to
another PARTY and those activities that are excluded under this AGREEMENT.
Agreement No.02-0229 � 02-SHA-273 �EA: 02-OK570
Page �4
DRAFT Agreement No. 02-0229
Project No.: 0223000180
EA: 02-0K570
02-SHA-273-16.58116.73
28. CALTRANS will be responsible for completing the following COlVSTRt7CTTON SUPPORT
activities:
ACrREEMENT
CALTRANS WQrk Breal�down Stru�ture Identiifier If A licable '' Funded Cost '
100.20.10.xx ualit Mana ement NO
29. Physical and legal possession of the right-of-way must be completed prior to advertising the
construction contract,unless PARTIES mutually agree to other arrangements in writing.
30. Right-of-way conveyances must be completed prior to WORK completion,unless PARTIES
mutualiy agree to other arrangements in writing.
31. CALTRANS will not issue an encroachment permit to CITY for construction work until the
following conditions are met:
• CALTRANS accepts the final plans, specifications, and estimate
• CALTRANS accepts the Right-of-Way Certification
• Any new or amended inaintenance agreements required for the WORK are ir��r�gress ��°
executed.
32. CITY will require the cons�ruction contractor to furnish payinent and performance bonds naming
CITY as obligee, and CALTRANS as additional obligee, and to carry liability insurance in
accordance with CALTRANS Standard Specifications.
33. CITY will advertise, open bids, award, and approve the construction contract in accordance with
the California Public Contract Code and the California Labor Code. By accepting responsibility
to advertise and award the construction contract,CITY also accepts responsibility to administer
the construction contract.
34. If the lowest responsible construction contract bid is greater than the funding commitment to
CONSTRUCTION CAPITAL, PARTIES must agree in writing on a course of action within
fifteen(15)working days. If no agreement is reached within fifteen(15)working days,the
IMPLEMENTING AGENCY will not award the construction contract.
35. CALTRf1NS will not issue an eneroachment permit to CITY's construetion contractor until
CALTRANS accepts:
• The payment and performance bonds
• The CONSTRUCTION Quality Management Plan
36. The CONSTRUCTION Quality Management Plan(QMP)wi11 describe how construction
material verification and workmanship inspections will be perfonned at manufacturing sources
and the PROJECT job-site. The eonstruction material and Source Inspection QMP(SIQMP)are
subject to review and approval by the State Materials Engineer.
37. The CONSTRUCTION Quality Management P1an will address the radiation safety requirements
of the California Code of Regulations 17 CCR§ 30346 when the wark requires Gamma-Gamma
Logging acceptance testing for Cast in Drilled Hole (CIDH)pile or whenever else it is applicable.
In accordance with these regulations, CITY, as the "well operator",will have a written agreement
with any consultant or external entity performing these tests.
38. CITY will provide a Resident Engineer and CONSTRUCTION SUPPORT staff that are
independent of the construction contractor. The Resident Engineer will be a Civi1 Engineer,
licensed in the State of California, who is responsible for construction contraet administration
activities.
39. CALTRANS wi11 review and concur with:
• Change Orders affecting public safety,public convenience,protected environmental
resources,the preservation of property, a11 design and specification changes, and all major
Agreement No. 02-0229 � 02-SHA-273 �EA: 02-OK570
Page � 5
DRAFT Agreement No. 02-0229
Project No.: 0223000180
EA: 02-0K570
02-SHA-273-16.58116.73
changes as defined in the CALTRANS Construction Manual. These Change Orders must
receive written concurrence by CALTRANS prior to implementation.
• The Stormwater Pollution Prevention Plan(SWPPP)or the Water Pollution Control Plan
(WPCP).
40. CITY will administer and process a11 construction contract claims pursuant to the requirements
set forth under Public Contract Code, Section 9204. Tn addition, a11 public works claims of
$375,000 or less sha11 be resolved in accardance with Public Contract Code Section 20104, et seq.
and other applicable laws.
41. CITY is designated as the Legally Responsible Person pursuant to the Construction General
Permit, State Water Resources Control Board(SWRCB)Order Number 2009-0009-DWQ, as
defined in Appendix 5, Glossary, and assumes a11 roles and responsibilities assigned to the
Legally Responsible Person as mandated by the Construction General Permit. CZTY is requirecl
to comply with the CALTRANS MS4 National Poliutant Discharge Elimination System
(NPDES)permit for all work within the State Highway System.
42. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for maintenance of
the State Highway System(SHS)within the PROJECT limits as part of the construction contract
until the following conditions are met:
• Any required maintenance agreements are executed for the portions of SHS for which
relief of maintenance is to be granted.
• CALTRANS approves a request from CITY for relief from maintenance of the PROJECT
or a portion thereof.
43. CITY wi11 ensure all necessary maintenance agreements will be executed and/or amended with
CALTRANS.
44. Upon WORK completion, ownership or title to all materials and equipment constructed or
installed for the operations and/or maintenance of the State Highway System(SHS)within SHS
right-of-way as part of WORK become the property of CALTRANS.
CALTRAN�S will not accept ownership or title to any materials or equipment constructed or
installed outside SHS right-of-way.
�5. Within one hundred eighty(180)calendar days following the completion and acceptance of the
PROJECT construction contract, CITY will furnish CALTRANS with a complete set of"As-
Built"plans and Change Orders, including any changes authorized by CALTRANS,using an
approved transfer mechanism, such as a CD ROM, flash drive,Filr. The submitted digital files
must be completed in accordance with Caltrans specifications,policies, and manuals,including
requirements in Sections 2 and 3, of Chapter 1'7 in the Project Development Procedures Manual,
then current CADD User's Manual(Section 4.3),Plans Preparation Manual, and CALTRANS
practice. The plans will have the Resident Engineer's name, contract number, and construction
contract acceptance date printed on each plan sheet, and with the Resident Engineer's signature
only on the title sheet. The As-Built plans will be in Microstation DGN format,version 8.0. When
applicable,the digital submittal must also include high accuracy locating and underground
facilities data. In addition, CITY will provide one set of As-Built plans and addenda in TIFF
format.
The submittal must also include all CALTRANS requested contract records, and land survey
documents. The land survey documents include monument preservation documents and records
of surveys prepared to satisfy the requirements of the California Professional Land Surveyors'Act
(Business and Professions Code, Sections 8700—8805). Copies of survey documents and
Records of Surveys filed in accordance with Business&Professions Code, Sections 8762 and
8771,will contain the filing information provided by the county in which filed.
Agreement No. 02-0229 � 02-SHA-273 �EA: 02-OK570
Page � 6
DRAFT Agreement No. 02-0229
Project No.: 0223000180
EA: 02-0K570
02-SHA-273-16.58116.73
Schedule
46. PARTIES will manage the WORK schedule to ensure the timely use of committed funds and to
ensure compliance with any environinental permits,right-of-way agreements, construction
contracts, and any other commitments. PARTIES will communicate schedule risks or changes as
soon as they are identified and will actively manage and initigate schedule risks.
47. The IMPLEMENTING AGENCY for each PROJECT COMPONENT wi]1 furnish PARTIES
with written quarterly progress reports during the completion of the WORK.
Additional Provisions
Standards
48. PARTIES will perform all WORK in accordance with federal and California laws,regulations,
and standards;Federal Highway Administration(FHWA) standards; and CALTRANS standards.
CALTRANS standards include,but are not limited to, the guidance provided in the:
• CADD Users Manual
• CALTRANS policies and directives
• Plans Preparation Manual
• Project Development Procedures Manual(PDPM)
• Workplan Standards Guide
• Construction Manual
• Construction Manual Suppleinent for Local Agency Resident Engineers
• Local Agency Structure Representative Guidelines
• Encroachment Permits Manual
Noncompliant Work
49. CALTRANS retains the right to reject noncompliant WORK, CITY agrees to suspend WORK
upon request by CALTRANS for the purpose of protecting public safety,preserving property
rights, and ensuring that all WORK is in the best interest of the State Highway System.
Qualifcations
50. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or
licensed to perform the tasks assigned to them.
Consultant Selection
51. CITY will invite CALTRAN�S to partieipate in the selection of any consultants that participate in
the WORK.
Encroachment Permits
52. CALTRANS wiil issue,upon proper application,the encroachment permits required for WORK
within State Highway System(SHS)right-of-way. CITY, their contractors, consultants, agents,
and utility owners will not work within the SHS right-of-way without an encroachment permit
which specifically allows them to do so. CALTRANS will provide encroachment permits to
CITY at no cost. CALTRANS will provide encroachlnent permits to utility owners at no cost. Tf
the encroachment permit and this AGREEMENT conflict,the requirements of this
AGREEMENT wi11 prevail.
53. The TMPLEMENTIN�G AGENCY for a PROJECT COMPONENT will coordinate,prepare,
obtain, implement,renew, and amend any encroachment permits needed to complete the WORK.
Agreement No.02-0229 � 02-SHA-273 �EA: 02-OK570
Page � 7
DRAFT Agreement No. 02-0229
Project No.: 0223000180
EA: 02-0K570
02-SHA-273-16.58116.73
Protected Resources
54. If any PARTY discovers unanticipated cultural, archaeological,paleontological, or other
protected resources during WORK, all WORK in that area will stop and that PARTY will notify
all PARTIES within 24 hours of discovery. WORK may only resume after a qualified
professional has evaluated the nature and significance of the discovery and CALTRANS
approves a plan for its removal or protection.
Di�closures
55. PARTIES will hold all administrative drafts and administrative final reports, studies,materials,
and documentation relied upon,produced, created, or utilized for the WORK in confidence to the
extent permitted by law and where applicable,the provisions of California Government Code,
Section 7921.505(c)(5)will protect the confidentiality of such documents in the event that said
documents are shared between PARTIES.
PARTIES will not distribute, release, or share said documents with anyone other than em�ployees,
agents, and consultants who require access to complete the WORK without the written consent of
the PARTY authorized to release them,unless required or authorized to do so by law.
56. If a PARTY receives a public records request pertaining to the WORK,that PARTY will notify
PARTIES within five (5)working days of receipt and make PARTIES aware of any disclosed
public records.
Hazardous Materials
57. 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
removai 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-1.
MANAGEMENT and HM-2 MANAGEMENT respectively.
58. Tf F-IM-1 or HM-2 is found,the discovering PARTY will immediately notify all other PARTIES.
59. CALTRANS, independent of the PROJECT, is responsible for any HNI-1 found within the
existing State Highway System right-of-way. CALTRANS will undertake, or cause to be
undertaken,HM-1 1VIANAGEMENT with minimuln impact to the PROJECT schedule.
CALTRANS will pay, or cause to be paid,the cost of H1V1-1 MANAGEMENT for HM-1 found
within the existing State Highway System right-of.-way with funds that are independent of the
funds committed in this AGREEMENT.
60. 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-1 MANAGEMENT with minimum impact to the PROJECT
schedule.
CITY will pay, or cause to be paid,the cost of HM-1 MANAGEMENT for HM-1 found within
the PROJECT limits and outside of the existing State Highway System right-of-way with funds
that are independent of the funds committed in this AGREEMENT.
61. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM-2 MANAGEMENT
within the PRO7ECT limits.
CITY and CALTRANS will comply with the Soil Management Agreement for Aerially
Deposited Lead Contaminated Soils (Soil Management Agreement)executed between
Agreement No.02-0229 � 02-SHA-273 �EA: 02-OK570
Page� 8
DRAFT Agreement No. 02-0229
Project No.: 0223000180
EA: 02-0K570
02-SHA-273-16.58116.73
CALTRAN�S and the California Department of Toxic Substances Control(DTSC). Under Section
3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severabie
liability for noncompliance with the provisions of the Soi1 Management Agreement. CITY wi11
assume all responsibilities assigned to CALTRAN�S in the Soil Management Agreement during
PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final
placement and burial of soil within the State right-of-way,per Section 4.5 of the Soil.
Management Agreement,which is subject to CALTRANS concurrence and reporting to DTSC
which will be performed by CALTRANS.
62. CALTRANS' acquisition or acceptance of title to any property on which any HM-1 or HM-2 is
found will proceed in accordance with CALTRANS'policy on such acquisition.
Claims
63. Any PARTY that is responsible for completing WORK may accept,reject, compromise, settle, or
litigate claims arising from the WORK without concurrence from the other PARTY.
64. PARTIES will confer on any ciaim that may affect the WORK or PARTIES' liability or
responsibility under this AGREEMENT in order to retain resolution possibilities for potential
future claims.No PARTY will prejudice the rights of another PARTY until after PARTIES
confer on the claim.
65. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2
CFR,Part 200. PARTIES will ensure that any far-profit consultant hired to participate in the
WORK wi11 comply with the requirements in 48 CFR, Chapter 1,Part 31. When state or federal
funds are expended on the WORK these principles and requirements apply to all funding types
included in this AGREEMENT.
Aceountin�and Audits
66. PARTIES will maintain, and will ensure that any consultant hired by PARTIES to participate in
WORK wili maintain, a financial management system that conforms to Generally Accepted
Accounting Principles (GAAP), and that can properly accumulate and segregate incurred
PROJECT costs and billings.
67. PARTIES will maintain and make available to each other all WORK-related documents,
including financial data, during the term of this AGREEMENT.
PARTIES wiil retain all WORK-related records for three (3)years after the final voucher.
PARTIES will require that any consultants hired to participate in the WORK will comply with
this Article.
6$. PARTIES have the right to audit each other in accordance with generally accepted governmental
audit standards.
CALTRANS,the State Auditor,FHWA(if the PROJECT utilizes federal funds), and CITY will.
have access to all WORK-related records of each PARTY, and any consultant hired by a PARTY
to participate in WORK,for audit, examination, excerpt, or transcription.
The examination of any records will take place in the offices and locations where said records are
generated and/or stored and wili be accomplished during reasonable hours of operation.The
auditing PARTY will be permitted to make copies of any WORK-related records needed for the
audit.
The audited PARTY will review the draft audit, findings, and recommendations, and provide
written comments within thirty(30) calendar days of receipt.
Upon completion of the final audit,PARTIES have forty-five(45) calendar days to refund or
invoice as necessary in order to satisfy the obligation of the audit.
Agreement No. 02-0229 � 02-SHA-273 �EA: 02-OK570
Page � 9
DRAFT Agreement No. 02-0229
Project No.: 0223000180
EA: 02-0K570
02-SHA-273-16.58116.73
Any audit dispute not resolved by PARTIES is subject to mediation. Mediation will follow the
process described in the General Conditions section of this AGREEMENT.
69. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in
accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost
Principles, and Audit Requireinents for Federal Awards as defined in 2 CFR,Part 200.
70. When a PARTY reimburses a consultant for WORK with state or federal funds,the procurement
of the consultant and the consultant overhead costs will be in accordance with the Local
Assistance Procedures Manual, Chapter 10.
Interruption o Work
71. If WORK stops for any reason,IMPLEMENTING AGENCY wi11 place the PROJECT right-of-
way in a safe and operable condition acceptable to CALTRANS.
72. If WORK stops for any reason, each PARTY will continue with environmental commitments
included in the environmental documentation,permits, agreements, or approvals that are in effect
at the time that WORK stops, and will keep the PROJECT in environmental compliance until
WORK resumes.
Penalties, Jud�ntents and Settlements
73. The cost of awards,judgments,fines,interest,penalties, attorney's fees, and/or settlements
generated by the WORK are considered WORK costs.
74. The cost of 1ega1 challenges to the environmental process or documentation are considered
WORK costs.
75. Any PARTY whose action or lack of action causes the levy of fines,interest, or penalties will
indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.
Pro�ect Files
76. CITY will furnish CALTRAN�S with the Project History Files related to the PROJECT facilities
on State Highway System within sixty (60)clays following the compietion of each PROJECT
COMPONENT. CITY will assure that the Project History File is prepared and submitted in
compliance with the Project Development Procedures Manual, Chapter 7. A11 material will be
submitted neatly in a three-ring binder and in PDF format.
Environmental Com�liance
77. If during performance of WORK additional activities or environmental documentation is
necessary to keep the PROJECT in environmental compliance,PARTIES wi11 amend this
AGREEMEN�T to include completion of those additional tasks.
Road Repair and Accountability Act of 2017(SB 1)
78. As the IMPLEMENTING AGENCY, CITY will prepare and submit to CALTRANS a
Completion Report, in accordance with California Transportation Commission(CTC) SB1
Accountability and Transparency Guidelines.
CITY must submit a Completion Report for the construction component to CALTRANS for
approval within four(4)months of Construction Contract Acceptance or when the project
becomes operable,whichever is sooner. Thereafter, CALTRANS will have two(2)months to
review and approve the report prior to submission to the CTC. The Completion Report should not
be delayed due to claims,plant establishment periods, ongoing environmental mitigation
monitoring, or other reasons.
CITY must submit a Fina1 Delivery Report to CALTRANS for approval within four(4)months
of conclusion of all remaining project activities beyond the acceptance of the construction
Agreement No. 02-0229 � 02-SHA-273 �EA: 02-OK570
Page � 10
DRAFT Agreement No. 02-0229
Project No.: 0223000180
EA: 02-0K570
02-SHA-273-16.58116.73
contract. Thereafter, CALTRANS will have two(2)months to review and approve the report
prior to submission to the CTC. The Final Delivery Report will reflect final project expenditures,
any changes that occurred after submittal of the Completion Report, and an updated evaluation of
the benefits.
79. In those instances where PARTIES have signed a PROJECT scope, cost, and schedule and
benefit baseline data agreement(BASELINE AGREEMENT),PARTIES agree to abide by the
terms and conditions of that PROJECT BASELINE AGREEMENT. The PROJECT BASELINE
AGREEIVIENT is attached to and made a part of this AGREEMENT,by reference.
80. Notwithstanding anything to the contrary in this AGREEMENT,PARTIES are not permitted to
make changes to the scope, cost, schedule or benefits of the PROJECT,unless approved by CTC.
81. PARTTES will meet the requirements of The Road Repair and Accountability Act of 2017 (SB 1),
Chapter 5, Statutes of 2017, California Transportation Commission(CTC) SB 1 Accountability
and Transparency Guidelines, and the CTC's State Higl�way Operation and Protection Program
(SHOPP) guidelines.
PARTIES agree that contributed funds originating from the SHOPP shall only be expended on
SHOPP-eligible item(s) identified in the PROJECT.
GENERAL CONDITIONS
82. All portions of this AGREEMENT, including the RECITALS section, are enforceable.
Venue
83. PARTTES understand that this AGREEMEN�T is in aecordance with and governed by the
Constitution and laws of the State of California. This AGREEMENT will be enforceable in the
State of California. Any PARTY initiating legal action arising from this AGREEMENT will file
and maintain that legal action in the Superior Court of the county in which the CALTRANS
district office that is signatory to this AGREEMENT resides, or in the Superior Court of the
county in which the PROJECT is physicaliy located.
Exemptions
84. All CALTRANS' obligations and commitments under this AGREEMENT are subject to the
appropriation of resources by the Legislature,the State Budget Act authority,programming and
allocation of funds by the California Transportation Commission(CTC).
Indemni�ication
85. Neither CALTRANS nor any of its officers and employees, are 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,wili defend, indetnnify, and save harmless CALTRANS
and all of its of�cers and employees from all claims, suits, or actions of every name,kind, and
description brought forth under,but not limited to,tortious, contractual,inverse condelrination, 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.
Agreement No.02-0229 � 02-SHA-273 �EA: 02-OK570
Page � ll
DRAFT Agreement No. 02-0229
Project No.: 0223000180
EA: 02-0K570
02-SHA-273-16.58116.73
86. Neither CTTY nor any of its officers and employees, are 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
ar omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under
this AGREEMENT.
Non-parties
87. PARTIES do not intend this AGREEMENT to create a third-party beneficiary or define duties,
obligations, or rights for entities in PARTIES not signatory to this AGREEMENT. PARTIES do
not intend this AGREEMENT to affect their legal liability by i�nposing any standard of care for
fulfilling the WORK different from the standards imposed by law.
88. PARTIES will not assign or attempt to assign obligations to entities not signatory to this
AGREEMENT without an amendment to this AGREEMENT.
Ambi�uity and Performance
89. Neither PARTY wi11 interpret any ambiguity contained in this AGREEMENT against the other
PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.
A waiver of a PARTY's perfonnance under this AGREEIVIENT will not constitute a continuous
waiver of any other provision.
90. A delay or omission to exercise a right or power due to a default does not negate the use of that
right or power in the future when deemed necessary.
Defaults
91. If any PARTY defaults in 3ts performance of the WORK, a non-defaulting PARTY will request in
writing that the default be remedied within thirty(30}calendar days. If the defaulting PARTY
fails to do so,the non-defaulting PARTY may initiate dispute resolution.
Disnute Resolution
92. PARTIES will first attempt to resolve AGREBMENT disputes at the PROJECT team level as
described in the Quality Management Plan. If they cannot resolve the dispute themselves,the
CALTRANS District Director ancl the Executive Officer of CITY will attempt to negotiate a
resolution. If PARTIES do not reach a resolution,PARTIES'1ega1 counsel wi11 initiate mediation.
PARTIES agree to participate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTIES from full ancl timely
performance of the WORK in accordance with the terms of this AGREEMENT. FIowever, if any
PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that
the WORK continues.
Except for equitable relief,no PARTY may file a civil complaint until after mediation, or forty-
five(45) calendar days after filing the written mediation request,whichever occurs first.
Agreement No.02-0229 � 02-SHA-273 �EA: 02-OK570
Page � l2
DRAFT Agreement No. 02-0229
Project No.: 0223000180
EA: 02-0K570
02-SHA-273-16.58116.73
PARTIES wi11�le any civil complaints in the Superior Court of the county in which the
CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of
the county in which the PROJECT is physically located.
93. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously
selected remedy does not achieve resolution.
Prevailin�Wage
9�. When WORK falls within the Labor Code § 1720(a)(1)definition of"public works"in that it is
construction, alteration, demolition,installation, or repair; or maintenance work under Labor
Code § 1771,PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all
applicable provisions of California Code of Regulations, Title $,Division 1, Chapter 8,
Subchapter 3,Articles 1-7. PARTTES will include prevailing wage requirements in contracts for
public work and require contractors to include the same prevailing wage requirements in all
subcontracts.
Work performed by a PARTY's own employees is exempt from the Labor Code's Prevailing
Wage requirements.
If WORK is paid for, in whole or part,with federal funds and is of the type of work subject to
federal prevailing wage requirements,PARTIES will conform to the provisions of the Davis-
Bacon and Related Acts,40 U.S.C. §§ 3141-3148.
When applicable,PARTIES will include federal prevailing wage requirements in contracts for
public works. WORK performed by a PARTY's employees is exempt from federal prevailing
wage requirements.
Agreement No. 02-0229 � 02-SHA-273 �EA: 02-OK570
Page � l3
DRAFT Agreement No. 02-0229
Project No.: 0223000180
EA: 02-OK570
02-SHA-273-16.58116.73
FUNDING SUMMARY
FUNDING TABLE
--- IMPLEMENTING AGENCY: - __ CITY.
CONST. CONST.
Source Part Fund T e SUPPORT CAPITAL Totals
.,�, ,,, � ,- ti, �,;..
—�---�.
, �, , „�.�� r � , � t,�.
Y. �.:I: ,'{ t%�. F 1 1t '4 S f .1' i
�7 U.0 } 't".: .i } �z t
) S�.i. !b 1 4 .f
t�..i.t.t.t '.i�. (t. .f,.. 7 7 r i. ,.�} :, ...e.i.� t I.I.i. sttf S 7 2 .{. �t } f ,,,i a.':., .,z.s, i, ...:
1. { { I t } $ ,t ..5:� .�t ,j.t ..}..,
t,t t 1 r �
i. {� #-. ��-$ � ( ..t. t. ..7 .�. �. .i}.Z, �, y j
L } {a 7' t 2 { E.t t tf
3a: 7 z .t. t i� �.. .t t� Fs,s
st;s t r. .r. !!!. � � =t 7 �'}
rt i .c, t ,1� s t�!'. 1 f ��.t� :t. s. .3
( .4. }��#� ( 7. .:.�t .t .4. t t t. ..t�.
t �! v ��� A. }�.' ..La;, t rJ ,}�?
,.t �t �Zt,.. t� 2 .'t ! t . 2 4 t. lt .#.: t.
f t J k' # t s. k t { .� �
� , �, t s , t. J � t r
,t, � �, a, { r .t�� .l. t .r�. .t ,} v. t �,i i,, i,
,,1. #5.i,.7 s I t .c ..�. S .�„+i
b.. � r' r J t. 1 } 4 1 3 t
itt � i { � ��� � 1 t< srf:
s �. r f I t 4s ?, � 7 i 1 t t i 3=
f,i � {a t r ,a ..� 1 4��
� ,� �, s I�,�. ! i �� 1 s s � r � � f.
,.�, ..:�....4„ S t t t ..lt 1 :�,� ,r. ..r.,
.i. �< t t < ,�„ ,�r. .t. r z �, . 1 t r , t.. S .t ..t s
,l t ..a. t t� t 3 } �rt. t i .f ..n �.3
� tx „l -c-f � ..E }i s r, -s r ,,,�
( :f
..t.,r. .{., i .z, �. t 7 3tS.
:t, t{. . ! s t., � .t.�. s. < ri„ 3. .l, .,5,
-.t .,f t � �{ 1 I .i .� s. ...t. � �
'%7 .j� t. .:�. t t >r � � f.r. .t. 4. � �. .t
.a. � 4� .7 1 t..� :t� {...� .7 t �..y. ,t.
r.l i i .1 t 1� f } � r a,i t.. {
<J t 3 } � 1 l � t. � :i .7 f .} .ti i 4'.
.} 7,�(�.i .s ��3� �} } ! ,4,E .t .b .f,-. t � .�; t �
�;,.,,t���.b,i�.��",�tt.�J.�.,,,,lt>,.,<u,� !�,�.�.�,���i.i.i„t��,x.��' ,,, ,�:,. t�r„sk.,..�, i:.iro, ,t� t� �I.,£. I .41�. ..,id, r��..S .ds <tt it,ti>�. },rs.„ b�, tjf,. �.3,�.& „�il,
LC1�AL CI'T'Y Lc�C�I 35��(}tl� „� 35U,�0�
� Totals 350,000 2,870,000 � 3,220,000
Agreement No.02-0229 � 02-SHA-273 �EA: 02-OK570
Page � l4
DRAFT Agreement No. 02-0229
Project No.: 0223000180
EA: 02-OK570
02-SHA-273-16.58116.73
SPENDING TABLE
CONST. CONST.
____________ SUPPORT CAPITAL
--------- _ -- ------ --------- ---------
Fund T e CALTRANS CITY CALTRANS CITY Totals
f 4 k ,tl' St I., }
f t
S t.., t�� }� 2. .'f. 1 �:IIIIIIIIIi.. 7'
i.�Y .U. ..:t ,{:. t {.' f ^:t t t
i t.t t. I 1'. .'k.} } 7.
{a,, .. �i, ... . t;� 1- .I ., i ..,i& . 3 £ '.-r'� .3 '�:,I ,. .�..�':,rx :� �.,�'e '>,V'.�i,�t
t.f . t s... '�:r s. ...�y. � i a.i�..t. t .k.
3..,.r<,.. ..t t a { t. ,t. .:� . r7 ,s.. .i t.i. t, t . {. I
t � 1 ff � t > t. i t �t
I .t.. 4 {. ?� i: t. F �' .� { 2 Y
1. .t I. F } .} k .'� .i. .J, i..1 1 .t.
�.Y� .t :i�: t ( c.,c .a.
..t t i r �r.. i .E t t �} ) �a rI 1 i 4. �a�
s 4 1l , i) i � t.. I }: ti i t
a. ,..t., # .s. t �E�.E �r. t t tI � s .t 3 t .l .� t.r.
t,+ t ..t .s.. {1 S .€. t. .}. .:;zt <� .�� � >s .r
I, � st, t k , f t tt t t
...i. t� s s s 1. r v c.i.. .r
s.,,t.,.s ,t .t 3 1 } r� .t.. �t �a } ,.{. iE. 'tt ,•,k r.. t� a�
.t s .,t t s ..1 .t { r r i .it; .2 i { �,..a t. it
t a: � } r t r f l f i r tr 7. }
lt f. i t y4 i t �i �
t ? i. t� F. ��- ,2 4., r..s r. .�. 1. .t ,.<,
, . ,. � z � , � �t l:� i �} 1 �
� .l t �,}1. � S .3 1'. <Jtiti.. }. ..1. ,t< ..� �
.l c .h �t� f. .x. I- ;}� t .17� .� },.:a t r S` >t�
f. ...�t> .� r �tt z z,�� } � y t..
t
4 1 f f <7 z., ,i .a i r.
.,� ,}� s zS 2-, �I. 3. .:�k f r.. ..i. �..
4 r, z E t t t4 � s }{ �t
3 a s , t ,. t s � t 1 t t � r
S. (.tr tt .`� .r. ;. t { r. fs, t� { �l � t. .{ f. .� �.�..
.,.r: �t ,# r .�i. s, �.k .l t 4 t .� t.
( ..t.t t .; � ��. t ,. .,5.. t t t } l .t �..�;i
} �� �t: � {,Y.c 3 .{.t. t # }. } 3 � ..t� �t�. .:� .},
f,.��{�s.:Cn.,Jzs,t�����s; r,its.m.tt�r,},.,k„t.��,it��.#,���i,r<<l�.i..,.,,1,i�s.rrY...�{rc�,+t�.,�nt..,:>rs�r.�3�.,.,.�: a,i „s..�lN.,»tF�trtrf.�ti n., �it !z� ,zt.7 ti,. ,4tt,urt�;tt�k<,{,a�.s :.,U. 4i}iYfr ,t ,,,1 ,f ,i„i�..lst�t,},r�.s�.,t.� ,r'.��"�,�.,.��.:��.,
�
Lc�Ca1 (� 3�(1,(�U(� (�,, �,t} �S�,tl(1�
Totals 0 350,000 0 2,870,000 3,220,000
Agreement N�o.02-0229 � 02-SHA-273 �EA: 02-OK570
Page � 15
DRAFT Agreement No. 02-0229
Project No.: 0223000180
EA: 02-0K570
02-SHA-273-16.58116.73
Fundin�
95. If there are insufficient funds available in this AGREEMENT to place the PROJECT right-of-
way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund
these activities untii such time as PARTIES amend this AGREEMENT.
That IMPLEIVIENTING AGENCY may reguest reimbursement for these costs during the
amendment process.
96. If there are insufficient funds in this AGREEMENT to implement the obligations and
responsibilities of this AGREEMENT,including the applicable commitments and conclitions
included in the PROJECT environmental documentation,permits, agreements, and/or approvals
that are in effect at a time that WORK stops, each PARTY accepts responsibility to fund their
respective WORK until such time as PARTIES amend this AGREEMENT.
Each PARTY may request reimbursement for these costs during the amendment process.
97. The cost of any engineering support performed by CALTRANS includes all direct and applicable
indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay
support costs. State and federal funds administered by CALTRANS are subject to the current
Program Functional Rate.All other funds are subject to the current Program Functional Rate and
the current Administration Rate. The Program Functional Rate and Administration Rate are
adjusted periodically.
In accordance with California law,the Administration Rate is capped at 10 percent for Self-Help
Counties with a countywide sales tax measure dedicated to transportation iinprovements.
98. If the WORK is funded with state or federal funds, any PARTY seeking CALTRANS
reimbursement of indirect costs must subinit an indirect cost rate proposal and central seroice cost
allocation plan(if any)in accordance with Local Assistance Procedures Manual,2 CFR,Part 200
and Chapter 5. These documents are to be submitted annually to CALTRANS'Audits and
Investigations for review and acceptance prior to CALTRANS'reimburseinent of indirect costs.
99. Travel,per diem, and third-party contract reimbursements for WORK are to be paid from the
funds in this AGREEMENT only after the contractor performs the work and incurs said costs.
Payments for travel and per diem will not exceed the rates paid rank and file state employees
under current California Department of Human Resources (CaIHR)rules current at the effective
date of this AGREEMENT.
If CITY invoices for rates in excess of CalHR rates, CITY will fund the eost difference and
reimburse CALTRANS for any overpayment.
100. Notwithstanding the terms of this AGREEMENT,PARTIES agree to abide by the funding
guidelines far a11 contributed funds that are programmed and allocated by the CTC.
101. SHOPP funds can only be expended on SHOPP-eligible items and work.
Invoicing and Pavment
102. PARTIES will invoice for funds where the SPENDING TABLE shows that one PARTY provides
funds for use by another PARTY. PARTIES will pay invoices within forty-five(45)calendar
days of receipt of invoice when not paying with Electronic Funds Transfer(EFT). When paying
with EFT, CITY will pay invoices within fve(5)calendar days of receipt of invoice.
103. When a PARTY is reimbursed for actual cost,invoices will be subinitted each month for the prior
month's expenditures. After ali PROJECT COMPONENT WORK is complete, PARTIES will
submit a final accounting of all PROJECT COMPONENT costs. Based on the final accounting,
PARTIES will invoice or refund as necessary to satisfy the�nancial commitments of this
AGREEMEN�T.
Agreement No. 02-0229 � 02-SHA-273 �EA: 02-OK570
Page � l6
DRAFT Agreement No. 02-0229
Project No.: 0223000180
EA: 02-0K570
02-SHA-273-16.58116.73
104. If an executed Program Supplement Agreement(PSA)or STIP Planning, Progralnming, and
Monitoring Program Fund Transfer Agreement(PPM)exists for this PROJ�ECT then CITY will
abide by the billing and payment conditions detailed for the fund types identified in the PSA or
PPM.
105. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY will
reimburse those funds.
Construction Support
106. No invoicing or reimbursement wiil occur for the CONSTRUCTION SUPPORT PROJECT
COMPONENT.
Constr-uction Ca�ital
107. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.
Agreement No. 02-0229 � 02-SHA-273 �EA: 02-OK570
Page � l7
DRAFT Agreement No. 02-0229
Project No.: 0223000180
EA: 02-0K570
02-SHA-273-16.58116.73
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 CITY OF REDDING
Clint Burkenpas Tannessa Audette
Acting Deputy District Director, D2 Program, Mayor
Project&Asset Management
Verification of Funds and Authoritv: Attest:
TBD Sharlene Tipton
District Project Control Of�cer City Clerk
Certified as to �nancial terms and policies:
Nadine Karavan Christian Curtis
HQ Accounting Supervisor City Attorney
Agreement No.02-0229 � 02-SHA-273 �EA: 02-OK570
Page � l8
DRAFT Agreement No. 02-0229
Project No.: 0223000180
EA: 02-0K570
02-SHA-273-16.58116.73
HQ Legal Representative
HQ Legal Rep Tit1e
Agreement N�o.02-0229 � 02-SHA-273 �EA: 02-OK570
Page � l9