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08.f. Brisco Road Halcyon Road Rte 101 Interchange projectMEMORANDUM TO: CITY COUNCIL FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONSIDERATION OF ADOPTION OF RESOLUTION APPROVING AMENDMENT NO. 3 TO THE COOPERATIVE AGREEMENT WITH CALTRANS FOR DEVELOPMENT OF THE BRISCO ROAD-HALCYON ROADIROUTE 101 INTERCHANGE PROJECT TO COMPLETE PROJECT APPROVAUENVIRONMENTAL DETERMINATION (PAIED), PRODUCE PLANS, SPECIFICATIONS AND ESTIMATES (PS&E) AND OBTAIN RIGHT OF WAY (W) CERTIFICATION DATE: MARCH 27,2012 RECOMMENDATION: It is recommended the City Council: 1 )Adopt a Resolution approving Amendment No. 3 to the Cooperative Agreement, subject to minor modifications as approved by the City Attorney and City Manager; and 2) Authorize the Mayor to execute the Amendment. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The City's Capital Improvement Program budget includes $750,000 for the preparation of the Brisco Road-Hdlcyon RoadIRoute 101 Project Report to complete the Caltrans PA&ED phase of project development, $980,000 for (PS&E) and $1 ,I 55,000 for W. BACKGROUND: A cooperative agreement ("agreement") is required when a local agency proposes improvements of over $1 million within the State highway right of way. The agreement is a legally binding contract between the appropriate parties involved in the project. It documents the duties and responsibilities for each party and defines what work will be performed, by whom, how it will be paid for, on what schedule it will be completed, and any other duties and responsibilities of the parties. In this case, the City of Arroyo Grande is proposing interchange and ramp improvements on State Route 101 from 0.4 km south of the East Grand Avenue overcrossing to 0.5 km south of the Oak Park Boulevard overcrossing. Cooperative Agreement #05-CA-0140, approved in 2006, includes the PA&ED phase of project development. Amendments No. 1 and 2 to the agreement extended the time periods for completion. Agenda Item 8.f. Page 1 CITY COUNCIL CONSIDERATION OF ADOPTION OF RESOLUTION APPROVING AMENDMENT NO. 3 TO THE COOPERATIVE AGREEMENT WITH CALTRANS FOR DEVELOPMENT OF THE BRISCO ROAD- HALCYON ROADIROUTE 101 INTERCHANGE PROJECT TO COMPLETE PROJECT APPROVAUENVIRONMENTAL DETERMINATION (PNED), PRODUCE PLANS, SPECIFICATIONS AND ESTIMATES (PS&E) AND OBTAIN RIGHT OF WAY (RNV) CERTIFICATION MARCH 27,2012 PAGE 2 ANALYSIS OF ISSUES: The proposed Amendment No. 3 will replace Cooperative Agreement #05-CA-0140 in its entirety, include the completion of the PA&ED phase of project development, add the production of PS&E and obtained R/W certification. It also defines the City as lead agency for the California Environmental Quality Act (CEQA) analysis and Caltrans as the lead for National Environmental Policy Act (NEPA) compliance. The City has received concurrence on project alternatives with Cal,trans and the draft engineering studies and environmental studies have been submitted. The project schedule is detailed in the table below. Draft funding recommendations for the project were considered at the California Transportation Commission on February 1, 201 2 and will be finalized in March. . . . - . . - - . PROJECT SCHEDULE . - . - - . .. . . . .. - . . - . - - -. . . -- . - - Environmental (adrnin draft February, 201 2 - January, 201 3 completion- final) .. . . . Project Report April, 201 3 .- . - - .. - - . - . .- - - Right of Way December, 201 3 -. -- .- - . -- - . . & .. - - - . Design June, 2014 -. .. .. Ready to bid for construction August, 201 4 .- .- - . -. . - . - -. . . Construction (dependent upon state 201 4 - 201 6 funding) Agenda Item 8.f. Page 2 CITY COLlNClL CONSIDERATION OF ADOPTION OF RESOLUTION APPROVING AMENDMENT NO. 3 TO 'THE COOPERATIVE AGREEMENT WITH CALTRANS FOR DEVELOPMENT OF THE BRISCO ROAD- HALCYON ROADIROUTE 101 INTERCHANGE PROJECT TO COMPLETE PROJECT APPROVAUENVIRONMENTAL DETERMINATION (PAIED), PRODUCE PLANS, SPECIFICATIONS AND ESTIMATES (PS&E) AND OBTAIN RIGHT OF WAY (RNV) CERTIFICATION MARCH 27,2012 PAGE 3 ALTERNATIVES: The following alternatives are provided for the Council's consideration: Adopt Resolution approving Amendment No. 3 to replace Cooperative Agreement #05-CA-0140 with Cooperative Agreement #05-0264; Do not adopt Resolution Amendment No. 3 to replace Cooperative Agreement #05- CA-0140 with Cooperative Agreement #05-0264; Modify and adopt Resolution approving Amendment No. 3 to replace Cooperative Agreement #05-CA-0140 with Cooperative Agreement #05-0264, and forward to Caltrans for consideration; or Provide direction to staff. ADVANTAGES: 'The amendment primarily extends the term of the agreement to 201 6 and includes project phases to construction. It continues to allow Caltrans, at no cost to the City, to provide quality assurance activities such as investigation of potential hazardous material sites, reviews and approvals, and timely processing of each project phase. 'The agreement also allows Caltrans to issue encroachment permits to the City and its consultants authorizing entry onto the State highway right of way to perform survey and other investigative activities required for preparation of PA&ED, PS&E and R/W at no cost. DISADVANTAGES: There are no disadvantages identified in approving the proposed amendment. ENVIRONMENTAL REVIEW: A detailed environmental review is performed during the PA&ED phase of project development. A draft Project Report (PR), an engineering report that describes the work and possible project alternatives is prepared in parallel with the environmental studies. Following circulation of the Draft environmental document (the public review period), a public hearing is held. After analyzing the public hearing comments, a preferred alternative is normally selected, which allows the preparation and approvdl of the final environmental document which is attached to the PR. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, March 22,2012. The Agenda and staff report were posted on the City's website on Friday, March 23, 2012. No public comments were received. Attachment: 1. Cooperative Agreement Agenda Item 8.f. Page 3 RESOLUTION NO. A RESOLUTION OF THE ClTY COUNCIL OF THE ClTY OF ARROYO GRANDE APPROVING AMENDMENT NO. 3 TO COOPERATIVE AGREEMENT #05-CA-0140 FOR DEVELOPMENT OF THE BRISCO ROAD-HALCYON ROADIROU'TE 101 INTERCHANGE PROJECT TO COMPLETE PROJECT APPROVAUENVIRONMENTAL DE'TERMINKTION (PNED), PRODUCE PLANS SPECIFICATIONS AND ESTIMATES (PSLLE) AND OBTAIN RIGHT OF WAY (W) CERTIFICATION WHEREAS, the City of Arroyo Grande desires improvements on State Route 101 through Arroyo Grande, including modifications to interchanges and ramps, between East Grand Avenue and Oak Park Boulevard; and WHEREAS, a cooperative agreement is required when a local agency proposes improvements of over $1 million within the State highway right of way; and WHEREAS, Resolution No. 3915 was adopted by the City Council of the City of Arroyo Grande on April 25,2006 approving the execution of Cooperative Agreement #05-CA-0140 between the City of Arroyo Grande and the California State Department of Transportation (Caltrans) outlining each agency's duties and responsibilities for the (PA&ED) phase of project development; and WHEREAS, Resolution No. 4086 was adopted by the City Council of the City of Arroyo Grande on May 27,2008 approving Amendment No. 1 to Cooperative Agreement #05-CA- 01 40, which expires on December 31,201 1 ; and WHEREAS, Resolution No. 4412 was adopted by the City Council of the City of Arroyo Grande on November 22, 201 1 approving Amendment No. 2 to Cooperative Agreement #05-CA-0140, to expire upon completion of the PNED; and WHEREAS, Caltrans has prepared Amendment No. 3 to replace Cooperative Agreement #05-CA-0140 with Cooperative Agreement #05-0264 to include PNED, PS&E and R/W Certification, identify the City as the lead agency for California Environmental Quality Act (CEQA) and compliance, and extending the termination date to December 2016; and WHEREAS, the City Council of the City of Arroyo Grande has reviewed Amendment No. 3 to replace Cooperative Agreement #05-CA-0140 with Cooperative Agreement No. #05-0264 and has determined it to be adequate and complete. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve Amendment No. 3 to replace Cooperative Agreement #05-CA-0140 with Cooperative Agreement No. #05-0264, between the City of Arroyo Grande and Caltrans for the PA&ED, PS&E and R/W phases of the Brisco Road-Halcyon RoadIRoute 101 Interchange project and authorizes the Mayor to execute said Amendment No. 3 to Cooperative Agreement on behalf of the City. Agenda Item 8.f. Page 4 RESOLUTION NO. PAGE 2 On motion of Council Member , seconded by Council Member and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 201 2. I Agenda Item 8.f. Page 5 RESOLUTION NO. PAGE 3 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, ClTY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, ClTY MANAGER APPROVED AS TO FORM: 'I'IMOTHY J. CARMEL, ClTY ATTORNEY Agenda Item 8.f. Page 6 05-SLO-101-13.1/14.6 EA: OA370 District Agreement 05-0264 COOPERATIVE AGREEMENT This agreement, effective on . , is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and: City of Arroyo Grande, a body politic and municipal corporation or chartered city of the State of California, referred to as CITY. For the purpose of this agreement, the term PARTNERS collectively refers to CALTRANS and CITY (all signatory parties to this agreement). The term PARTNER refers to any one of those signatory parties individually. RECITALS 1. California Streets and Highways Code sections 114 and 130 authorize PARTNERS to enter into a cooperative agreement for performance of work within the State Highway System (SHS) right of way. 2. Ths agreement outlines the terms and conditions of cooperation between PARTNERS to complete PA&ED, produce PS&E and obtain R/W certification for modifying interchanges and ramps from the Arroyo Grande Creek Bridge to the Oak Park Overcrossing on State Route 101 in Arroyo Grande. For the purpose of this agreement, modifying interchanges and ramps fiom of the Arroyo Grande Creek Bridge to the Oak Park Overcrossing on State Route 101 in Arroyo Grande will be referred to as PROJECT. All responsibilities assigned in this agreement to complete PA&ED, produce PS&E and obtain R/W certification will be referred to as OBLIGATIONS. 3. Prior to the execution of this agreement, CITY has been working to complete PA&ED under the terms and conditions defined in Cooperative Agreement No.05-CA 0140.This Cooperative Agreement No. 05-0264 shall supersede any and all articles in Agreement N0.05-CA 0 140.. 4. Prior to this agreement, CITY developed the Project Initiation Document. 5. The estimated date for OBLIGATION COMPLETION is June 30,2017. 6. In this agreement capitalized words represent defined terms and acronyms. The Definitions section contains a complete definition for each capitalized term. PACT Version 10.1.201 1-02-18 Agenda Item 8.f. Page 7 ATTACHMENT 1 DRAFT District Agreement 05-0264 7. From this point forward, PARTNERS define in this agreement the terms and conditions under which they will accomplish OBLIGATIONS. RESPONSIBILITIES 8. CITY is SPONSOR for 100% of PROJECT. 9. CALTRANS will provide IQA for the portions of WORK within existing and proposed SHS right of way. CALTRANS retains the right to reject noncompliant WORK, protect public safety, preserve property rights, and ensure that all WORK is in the best interest of the SHS. 10. CITY may provide IQA for the portions of WORK outside existing and proposed SHS right of way. 11. CITY is the only FUNDING PARTNER for this agreement. CITY'S fimding commitment is defined in the FUNDING SUMMARY. 12. CITY is the CEQA lead agency for PROJECT. 13. CALTRANS is the NEPA lead agency for PROJECT. 14. CITY is IMPLEMENTING AGENCY for PA&ED, PS&E and RIW. SCOPE Scope: General 15. PARTNERS will perform all OBLIGATIONS in accordance with federal and California laws, regulations, and standards; FHWA STANDARDS; and CALTRANS STANDARDS for work affecting the STATE facility. Portions of the project that do not affect the STATE facility will be designed to CITY STANDARDS. 16. IMPLEMENTING AGENCY for a PROJECT COMPONENT will provide a Quality Management Plan (QMP) for that component as part of the PROJECT MANAGEMENT PLAN. 17. Any PARTNER may, at its own expense, have representatives observe any OBLIGATIONS performed by another PARTNER. Observation does not constitute authority over those OBLIGATIONS. 18. Each PARTNER will ensure that all of its personnel participating in OBLIGATIONS are appropriately qualified, and if necessary licensed, to perform the tasks assigned to them. PACT Version 10.1.201 1-02-18 Agenda Item 8.f. Page 8 DRAFT District Agreement 05-0264 PARTNERS will invite each other to participate in the selection and retention of any consultants who participate in OBLIGATIONS. If WORK is done under contract (not completed by a PARTNER'S own employees) and is governed by the California Labor Code's definition of "public works" (section 1720(a)(a)), that PARTNER will conform to sections 1720 - 18 15 of the California Labor Code and all applicable regulations and coverage determinations issued by the Director of Industrial Relations. IMPLEMENTING AGENCY for each PROJECT COMPONENT included in this agreement will be available to help resolve problems generated by that component for the entire duration of PROJECT. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within SHS right of way. Contractors andor agents, and utility owners will not perform WORK without an encroachment permit issued in their name. If any PARTNER discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTNER will notify all PARTNERS within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and a plan is approved for its removal or protection. PARTNERS will hold all administrative draft and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for PROJECT in confidence to the extent permitted by law. Where applicable, the provisions of California Government Code section 6254.5(e) will govern the disclosure of such documents in the event that PARTNERS share said documents with each other. PARTNERS will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete PROJECT without the written consent of the PARTNER authorized to release them, unless required or authorized to do so by law. If any PARTNER receives a public records request, pertaining to OBLIGATIONS, that PARTNER will notify PARTNERS within five (5) working days of receipt and make PARTNERS aware of any disclosed public records. PARTNERS will consult with each other prior to the release of any public documents related to the PROJECT. If HM-1 or HM-2 is found during a PROJECT COMPONENT, IMPLEMENTING AGENCY for that PROJECT COMPONENT will immediately notify PARTNERS. CALTRANS, independent of PROJECT, is responsible for any HM-1 found within the existing SHS right of way. CALTRANS will undertake or cause to be undertaken HM PACT Version 10.1.201 1-02-18 3 of 25 Agenda Item 8.f. Page 9 DRAFT District Agreement 05-0264 MANAGEMENT ACTIVITIES related to HM- 1 with minimum impact to PROJECT schedule. 28. CITY, independent of PROJECT, is responsible for any HM- 1 found within PROJECT limits and outside the existing SHS right of way. CITY will undertake or cause to be undertaken HM MANAGEMENT ACTIVITIES related to HM-1 with minimum impact to PROJECT schedule. 29. If HM-2 is found within PROJECT limits, the public agency responsible for the advertisement, award, and administration (AAA) of the PROJECT construction contract will be responsible for HM MANAGEMENT ACTIVITIES related to HM-2. 30. 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. 3 1. PARTNERS will comply with all of the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each PARTNER'S responsibilities in this agreement. 32. IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTNERS with written quarterly progress reports during the implementation of OBLIGATIONS in that component. 33. Upon OBLIGATION COMPLETION, ownership or title to all materials and equipment constructed or installed for the operations andlor maintenance of the SHS within SHS right of way as part of WORK become the property of CALTRANS. CALTRANS will not accept ownership or title to any materials or equipment constructed or installed outside SHS right of way. 34. IMPLEMENTING AGENCY for a PROJECT COMPONENT will accept, reject, compromise, settle, or litigate claims of any non-agreement parties hired to do WORK in that component. 35. PARTNERS will confer on any claim that may affect OBLIGATIONS or PARTNERS' liability or responsibility under this agreement in order to retain resolution possibilities for potential future claims. No PARTNER will prejudice the rights of another PARTNER until after PARTNERS confer on claim. 36. PARTNERS will maintain, and will ensure that any party hired by PARTNERS to participate in OBLIGATIONS will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs, and provide billing and payment support. PACT Version 10.1.201 1-02-18 Agenda Item 8.f. Page 10 DRAFT District Agreement 05-0264 37. PARTNERS will comply with the appropriate federal cost principles and administrative requirements outlined in the Applicable Cost Principles and Administrative Requirements table below. These principles and requirements apply to all funding types included in this agreement. 38. PARTNERS will ensure that any party hired to participate in OBLIGATIONS will comply with the appropriate federal cost principles and administrative requirements outlined in the Applicable Cost Principles and Administrative Requirements table below. 39. PARTNERS will maintain and make available to each other all OBLIGATIONS-related documents, including financial data, during the term of this agreement. Applicable Cost Principles and Administration Requirements 'The federal cost principles and administrative requirements associated with each organization type apply to that organization. 40. PARTNERS will retain all OBLIGATIONS-related records for three (3) years after the final voucher. Organization Type Federal Governments State and Local Government Educational Institutions Non-Profit Organizations For Profit Organizations 41. PARTNERS have the right to audit each other in accordance with generally accepted governmental audit standards. CALTRANS, the state auditor, FHWA, and CITY will have access to all OBLIGATIONS-related records of each PARTNER, and any party hired by a PARTNER to participate in OBLIGATIONS, for audit, examination, excerpt, or transcription. CFR (Code of Federal Regulations) OMB (Office of Management and Budget) Related URLs: Various OMB Circular: http://www.whitehouse.gov/omb/grants~circulars Code of Federal Regulations: http://www.gpoaccess.gov/CFR Cost Principles 2 CFR Part 225 2 CFR, Part 225 2 CFR, Part 220 2 CFR, Part 230 48 CFR, Chapter 1, Part 31 The examination of any records will take place in the offices and locations where said records are generated andlor stored and will be accomplished during reasonable hours of operation. The auditing PARTNER will be permitted to make copies of any OBLIGATIONS-related records needed for the audit. Administrative Requirements OMB A-102 49 CFR, Part 18 2 CFR, Part 215 2 CFR, Part 215 49 CFR, Part 18 PACT Version 10.1.201 1-02-1 8 5 of 25 Agenda Item 8.f. Page 11 DRAFT District Agreement 05-0264 The audited PARTNER will review the draft audit, findings, and recommendations, and provide written comments within 30 calendar days of receipt. Upon completion of the final audit, PARTNERS have 30 days to refund or invoice as necessary in order to satisfy the obligation of the audit. Any audit dispute not resolved by PARTNERS is subject to dispute resolution. Any costs arising out of the dispute resolution process will be paid within 30 calendar days of the final audit or dispute resolution findings. 42. Any PARTNER that hires another party to participate in OBLIGATIONS will conduct a pre-award audit of that party in accordance with the Local Assistance Procedures Manual. 43. PARTNERS will not incur costs beyond the funding commitments in this agreement. If IMPLEMENTING AGENCY anticipates that funding for WORK will be insufficient to complete WORK, IMPLEMENTING AGENCY will promptly notify SPONSOR. IMPLEMENTING AGENCY has no obligation to perform WORK if funds to perform WORK are unavailable. 44. If WORK stops for any reason, IMPLEMENTING AGENCY will place all facilities impacted by WORK in a safe and operable condition acceptable to CALTRANS. 45. If WORK stops for any reason, each PARTNER will continue to implement all of its applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, as they apply to each PARTNER'S responsibilities in this agreement, in order to keep PROJECT in environmental compliance until WORK resumes. 46. Each PARTNER accepts responsibility to complete the activities that it selected on the SCOPE SUMMARY. Activities marked with "NIA" on the SCOPE SUMMARY are not included in the scope of this agreement. Scope: Environmental Permits, Approvals and Agreements 47. Each PARTNER identified in the Environmental Permits table below accepts the responsibility to complete the assigned activities. Environmental Permits Permit Coordinate Prepare Obtain Implement Renew Amend 404 USACOE CITY CITY CITY CITY CITY CITY 401 RWQCB CITY CITY CITY CITY CITY CITY NPDES SWRCB CITY CITY CITY CITY CITY C LTY 1602 DFG CITY CITY CITY CITY CITY CITY PACT Version 10.1.201 1-02-18 6 of 25 Agenda Item 8.f. Page 12 DRAFT District Agreement 05-0264 Scope: Project Approval and Environmental Document (PA&ED) 48. CITY is the CEQA lead agency for PROJECT. CITY will determine the type of environmental documentation required and will cause that documentation to be prepared. 49. Any PARTNER involved in the preparation of CEQA environmental documentation will follow the CALTRANS STANDARDS that apply to the CEQA process including, but not limited to, the guidance provided in the Standard Environmental Reference available at www.dot.ca.gov/ser. 50. CALTRANS is the CEQA responsible agency for PROJECT and will review, comment, and concur on all environmental documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) at appropriate stages of development prior to approval and public availability. 5 1. Pursuant to SAFETEA-LU Section 6004 andlor 6005, CALTRANS is the NEPA lead agency for PROJECT. CALTRANS will assume responsibility for NEPA compliance and will prepare any needed NEPA environmental documentation or will cause that documentation to be prepared. 52. Any PARTNER involved in the preparation of NEPA environmental documentation will follow FHWA STANDARDS that apply to the NEPA process including, but not limited to, the guidance provided in the FHWA Environmental Guidebook available at www.fhwa.dot.gov/hep/index.htm. 53. CITY will prepare the appropriate CEQA environmental documentation to meet CEQA requirements. 54. CITY will prepare the appropriate NEPA environmental documentation to meet NEPA requirements. 55. Any PARTNER preparing any portion of the CEQA environmental documentation, including any studies and reports, will submit that portion of the documentation to CALTRANS for review, comment, and concurrence at appropriate stages of development prior to public availability. If the CEQA lead agency makes any changes to the CEQA documentation, the CEQA lead agency will allow CALTRANS to review, comment, id concur on those changes prior to the CEQA lead agency's approval and public availability. 56. Any PARTNER preparing any portion of the NEPA environmental documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) will submit that portion of the documentation to CALTRANS for CALTRANS' review, comment, and approval prior to public availability. PACT Version 10.1.201 1-02-18 7 of 25 Agenda Item 8.f. Page 13 District Agreement 05-0264 57. CITY will prepare, publicize, and circulate all CEQA-related public notices and will submit said notices to CALTRANS for review, comment, and concurrence prior to publication and circulation. If the CEQA lead agency makes any changes to the notices, the CEQA lead agency will allow CALTRANS to review, comment, and concur on those changes prior to publication and circulation. 58. CITY will prepare, publicize, and circulate all NEPA-related public notices, except Federal Register notices. CITY will submit all notices to CALTRANS for CALTRANS' review, comment, and approval prior to publication and circulation. CALTRANS will work with the appropriate federal agency to publish notices in the Federal Register. 59. The CEQA lead agency will attend all CEQA-related public meetings. CITY will plan, schedule, prepare materials for, and host all CEQA-related public meetings and will submit all materials to CALTRANS for review, comment, and concurrence at least 10 working days prior to the public meeting date. If the CEQA lead agency makes any changes to the materials, the CEQA lead agency will allow CALTRANS to review, comment, and concur on those changes at least three (3) working days prior to the public meeting date. 60. The NEPA lead agency will attend all NEPA-related public meetings. 61. CITY will plan, schedule, prepare materials for, and host all NEPA-related public meetings. CITY will submit all materials to CALTRANS for CALTRANS' review, comment, and approval at least 10 working days prior to the public meeting date. 62. If a PARTNER who is not the NEPA lead agency holds a public meeting about PROJECT, that PARTNER must clearly state its role in PROJECT and the identity of the NEPA lead agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the NEPA public review process. That PARTNER will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the NEPA lead agency for review, comment, and approval at least 10 working days prior to publication or use. If that PARTNER makes any changes to the materials, it will allow the NEPA lead agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date. The NEPA lead agency has final approval authority with respect to text or graphics that could lead to public conhsion over NEPA-related roles and responsibilities. PACT Version 10.1.201 1-02-18 Agenda Item 8.f. Page 14 DRAFT District Agreement 05-0264 63. The PARTNER preparing the environmental documentation, including the studies and reports, will ensure that qualified personnel remain available to help resolve environmental issues and perform any necessary work to ensure that PROJECT remains in environmental compliance. Scope: Plans, Specifications, and Estimate (PS&E) 64. CITY will ensure that the engineering firm preparing the plans, specifications, and estimate will not be employed by or under contract to the PROJECT construction contractor. CITY will not employ the engineering firm preparing the plans, specifications, and estimate for construction management of PROJECT. However, CITY may' retain the engineering firm during the construction PROJECT COMPONENT to check shop drawings, do soil foundation tests, test construction materials, and perform construction surveys. 65. CITY will identify and locate all utility facilities within PROJECT area as part of PS&E responsibilities. The plans, specifications, and estimate for PROJECT will identify all utility facilities not relocated or removed in advance of the construction PROJECT COMPONENT. 66. CITY will make all necessary arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of PROJECT or that violate CALTRANS' encroachment policy. 67. The responsibility to advertise, open bids, award, and approve the construction contract will be handled outside of this agreement. Scope: Right of Way (R/W) 68. CITY will provide a land surveyor licensed in the State of Califopia to be responsible for surveying and right of way engineering. All survey and right of way engineering documents will bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the responsible surveyor. 69. CITY will provide CALTRANS-approved verification of its arrangements for the protection; relocation, or removal of all conflicting facilities and that such work will be completed prior to construction contract award or as otherwise stated in the PROJECT plans, specifications, and estimate. This verification must include references to all required SHS encroachment permits. PACT Version 10.1.201 1-02-18 Agenda Item 8.f. Page 15 DRAFT District Agreement 05-0264 70. CITY will utilize a public agency currently qualified by CALTRANS or a properly licensed consultant for all right of way activities. A qualified right of way agent will administer all right of way consultant contracts. CITY will submit a draft Right of Way Certification document to CALTRANS six weeks prior to the scheduled milestone date for review. CITY will submit a final Right of Way certification document to CALTRANS prior to PROJECT advertisement for approval. 7 1. CITY will prepare and provide to CALTRANS a Right of Way Certification prior to PROJECT advertisement. 72. All right of way conveyances must be completed prior to OBLIGATION COMPLETION. 73. CALTRANS' acceptance of right of way title is subject to review of an Updated Preliminary Title Report provided by CITY verifying that the title is free of all encumbrances and liens. Upon acceptance, CITY will provide CALTRANS with a Policy of Title Insurance in CALTRANS' name. 74. The California Transportation Commission will hear Resolutions of Necessity. COST Cost: General 75. The cost of any awards, judgments, or settlements generated by OBLIGATIONS is an OBLIGATIONS COST. 76. CALTRANS, independent of PROJECT, will pay all costs for HM MANAGEMENT ACTIVITIES related to HM-1 found within the existing SHS right of way. 77. CITY, independent of PROJECT, will pay, or cause to be paid, all costs for HM MANAGEMENT ACTIVITIES related to HM-1 found within PROJECT limits and outside of the existing SHS right of way. 78. HM MANAGEMENT ACTIVITIES costs related to HM-2 are CONSTRUCTION SUPPORT and CONSTRUCTION CAPITAL costs. 79. The cost to comply with and implement the commitments set forth in the environmental documentation is an OBLIGATIONS COST. 80. The cost to ensure that PROJECT remains in environmental compliance is an OBLIGATIONS COST. PACT Version 10.1.201 1-02-18 Agenda Item 8.f. Page 16 DRAFT District Agreement 05-0264 The cost of any legal challenges to the CEQA or NEPA environmental process or documentation is an OBLIGATIONS COST. Independent of OBLIGATIONS COST, CALTRANS will fund the cost of its own IQA for WORK done within existing or proposed future SHS right of way. Independent of OBLIGATIONS COST, CITY will fund the cost of its own IQA for WORK done outside existing or proposed future SHS right of way. CALTRANS will provide encroachment permits to PARTNERS, their contractors, consultants and agents, at no cost. Fines, interest, or penalties levied against a PARTNER will be paid, independent of OBLIGATIONS cost, by the PARTNER whose actions or lack of action caused the levy. That PARTNER will indemnify and defend each other PARTNER. Travel, per diem, and third-party contract reimbursements are an OBLIGATIONS COST only after those hired by PARTNERS to participate in OBLIGATIONS incur and pay those costs. Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Personnel Administration (DPA) rules current at the effective date of this agreement. If CITY invoices for rates in excess of DPA rates, CITY will fund the cost difference and reimburse CALTRANS for any overpayment. 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 are subject to the current Program Functional Rate. Local funds are subject to the current Program Functional Rate and the current Administration Rate. Caltrans periodically adjusts the Program Functional Rate and the Administration Rate. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY will reimburse those funds. 89. The cost to place PROJECT right of way in a safe and operable condition and meet all environmental commitments is an OBLIGATIONS cost. 90. Because IMPLEMENTING AGENCY is responsible for managing the scope, cost, and schedule of a project component, if there are insufficient funds available in this agreement to place the right of way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY accepts responsibility to fund these activities until such time as PARTNERS amend this agreement. PACT Version 10.1.201 1-02-18 Agenda Item 8.f. Page 17 DRAFT District Agreement 05-0264 That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process. 9 1. If there are insufficient funds in this agreement to implement applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, andor approvals that are in effect at a time that WORK stops, each PARTNER implementing commitments or conditions accepts responsibility to fund these activities, as they apply to each PARTNER'S responsibilities, until such time are PARTNERS amend this agreement. Each PARTNER may request reimbursement for these costs during the amendment process. 92. PARTNERS will pay invoices within 30 calendar days of receipt of invoice. Cost: Environmental Permits, Approvals and Agreements 93. The cost of coordinating, obtaining, complying with, implementing, and if necessary renewing and amending resource agency permits, agreements, andor approvals is an OBLIGATIONS COST. Cost: Project Approval and Environmental Document (PA&ED) 94. The cost to prepare, publicize, and circulate all CEQA and NEPA-related public notices is an OBLIGATIONS COST. 95. The cost to plan, schedule, prepare, materials for, and host all CEQA and NEPA-related public hearings is an OBLIGATIONS COST. 96. PARTNERS will exchange funds for a fixed cost to be invoiced as a lump sum (single payment). CITY will invoice CALTRANS for a lump sum (single payment) of $182,000 upon execution of this agreement. Cost: Plans, Specifications, and Estimate (PS&E) 97. CITY will determine the cost to positively identify and locate, protect, relocate, or remove any utility facilities whether inside or outside SHS right of way in accordance with federal and California laws and regulations, and CALTRANS' policies, procedures, standards, practices, and applicable agreements including, but not limited to, Freeway Master Contracts. 98. PARTNERS will exchange funds for a fixed cost to be invoiced as a lump sum (single payment). PACT Version 10.1.201 1-02-18 Agenda Item 8.f. Page 18 DRAFT District Agreement 05-0264 CITY will invoice CALTRANS for a lump sum (single payment) of $300,000 upon the completion of PA&ED. SCHEDULE 99. PARTNERS will manage the schedule for OBLIGATIONS through the work plan included in the PROJECT MANAGEMENT PLAN. GENERAL CONDITIONS 100. PARTNERS understand that this agreement is in accordance with and governed by the Constitution and laws of the State of California. This agreement will be enforceable in the State of California. Any PARTNER 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 PROJECT is physically located. 10 1. 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. 102. Any PARTNER performing IQA does so for its own benefit. No one can assign liability to that PARTNER due to its IQA activities. 103. 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 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 and/or its agents will filly defend, indemnify, and save harmless CITY and all of its officers and employees fiom 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 or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS and/or its agents under this agreement. 104. 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 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 will filly defend, indemnify, and save harmless CALTRANS and all of its officers and employees fiom 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 or assertions of liability PACT Version 10.1.201 1-02-1 8 13 of 25 Agenda Item 8.f. Page 19 DRAFT District Agreement 05-0264 occurring by reason of anything done or omitted to be done by CITY andor its agents under this agreement. 105. PARTNERS do not intend this agreement to create a third party beneficiary or define duties, obligations, or rights in parties not signatory to this agreement. PARTNERS do not intend this agreement to affect their legal liability by imposing any standard of care for fulfilling OBLIGATIONS different from the standards imposed by law. 106. PARTNERS will not assign or attempt to assign OBLIGATIONS to parties not signatory to this agreement. 107. PARTNERS will not interpret any ambiguity contained in this agreement against each other. PARTNERS waive the provisions of California Civil Code section 1654. 108. A waiver of a PARTNER'S performance under this agreement will not constitute a continuous waiver of any other provision. An amendment made to any article or section of this agreement does not constitute an amendment to or negate all other articles or sections of this agreement. 109. 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. 1 10. If any PARTNER defaults in its OBLIGATIONS, a non-defaulting PARTNER will request in writing that the default be remedied within 30 calendar days. If the defaulting PARTNER fails to do so, the non-defaulting PARTNER may initiate dispute resolution. 1 1 1. PARTNERS will first attempt to resolve agreement disputes at the PROJECT team level. If they cannot resolve the dispute themselves, the CALTRANS district director and the executive officer of CITY will attempt to negotiate a resolution. If PARTNERS do not reach a resolution, PARTNERS' legal counsel will initiate mediation. PARTNERS agree to participate in mediation in good faith and will share equally in its costs. Neither the dispute nor the mediation process relieves PARTNERS from full and timely performance of OBLIGATIONS in accordance with the terms of this agreement. However, if any PARTNER stops fulfilling OBLIGATIONS, any other PARTNER may seek equitable relief to ensure that OBLIGATIONS continue. Except for equitable relief, no PARTNER may file a civil complaint until after mediation, or 45 calendar days after filing the written mediation request, whichever occurs first. PACT Version 10.1.201 1-02-18 Agenda Item 8.f. Page 20 DRAFT District Agreement 05-0264 PARTNERS will file any civil complaints in the Superior Court of the county in which the CALTRANS district office signatory to this agreement resides. The prevailing PARTNER will be entitled to an award of all costs, fees, and expenses, including reasonable attorney fees as a result of litigating a dispute under this agreement or to enforce the provisions of this article including equitable relief. 112. PARTNERS maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution. 1 13. If any provisions in this agreement are deemed to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other agreement provisions invalid, inoperative, or unenforceable, and PARTNERS will automatically sever those provisions from this agreement. 1 14. PARTNERS intend this agreement to be their final expression and supersede any oral understanding or writings pertaining to OBLIGATIONS. 1 15. If during performance of WORK additional activities or environmental documentation is necessary to keep PROJECT in environmental compliance, PARTNERS will amend this agreement to include completion of those additional tasks. 1 16. PARTNERS will execute a formal written amendment if there are any changes to OBLIGATIONS. 1 17. This agreement will terminate upon OBLIGATION COMPLETION or an amendment to terminate this agreement, whichever occurs first. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, and ownership articles will remain in effect until terminated or modified in writing by mutual agreement. 1 18. The following documents are attached to, and made an express part of this agreement: SCOPE SUMMARY, FUNDING SUMMARY, CEQA Designation Letter. DEFINITIONS CALTRANS - The California Department of Transportation CALTRANS STANDARDS - CALTRANS policies and procedures, including, but not limited to, the guidance provided in the Guide to Capital Project Delivery Workplan Standards (previously known as WBS Guide) available at http://www.dot.ca.gov/hq/projmgmt~guidance.htm. CEQA (California Environmental Quality Act) - The act (California Public Resources Code, sections 21 000 et seq.) that requires state and local agencies to identify the significant PACT Version 10.1.201 1-02-18 Agenda Item 8.f. Page 21 DRAFT District Agreement 05-0264 environmental impacts of their actions and to avoid or mitigate those significant impacts, if feasible. CFR (Code of Federal Regulations) - The general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government. COOPERATIVE AGREEMENT CLOSURE STATEMENT - A document signed by PARTNERS that verifies the completion of all OBLIGATIONS included in this agreement and in all amendments to this agreement. COST - The responsibility for cost responsibilities in this agreement can take one of three assignments: OBLIGATIONS COST - A cost associated with fulfilling OBLIGATIONS that will be funded as part of this agreement. The responsibility is defined by the funding commitments in this agreement. PROJECT COST - A cost associated with PROJECT that can be funded outside of OBLIGATIONS. A PROJECT COST may not necessarily be part of this agreement. This responsibility is defined by the PARTNERS' funding commitments at the time the cost is incurred. PARTNER cost - A cost that is the responsibility of a specific PARTNER, independent of PROJECT. FHWA - Federal Highway Administration FHWA STANDARDS - FHWA regulations, policies and procedures, including, but not limited to, the guidance provided at www.fhwa.dot.~ov/topics.htm. FUNDING PARTNER - A PARTNER that commits a defined dollar amount to fulfill OBLIGATIONS. Each FUNDING PARTNER accepts responsibility to provide the funds identified on the FUNDING SUMMARY under its name. FUNDING SUMMARY - The table that designates an agreement's funding sources, types of funds, and the PROJECT COMPONENT in which the funds are to be spent. Funds listed on the FUNDING SUMMARY are "not-to-exceed" amounts for each FUNDING PARTNER. GAAP (Generally Accepted Accounting Principles) - Uniform minimum standards and guidelines for financial accounting and reporting issued by the Federal Accounting Standards Advisory Board that serve to achieve some level of standardization. See http:Nwww.fasab.govlaccepted.html. HM-1- 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 PROJECT or not. HM-2 - 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. PACT Version 10.1.201 1-02-1 8 Agenda Item 8.f. Page 22 DRAFT District Agreement 05-0264 HM MANAGEMENT ACTIVITIES - Management activities related to either HM-1 or HM-2 including, without limitation, any necessary manifest requirements and disposal facility designations. IMPLEMENTING AGENCY - The PARTNER responsible for managing the scope, cost, and schedule of a PROJECT COMPONENT to ensure the completion of that component. IQA (Independent Quality Assurance) - Ensuring that IMPLEMENTING AGENCY'S quality assurance activities result in WORK being developed in accordance with the applicable standards and within an established Quality Management Plan (QMP). IQA does not include any work necessary to actually develop or deliver WORK or any validation by verifying or rechecking work performed by another partner. NEPA (National Environmental Policy Act of 1969) - The federal act that establishes a national policy for the environment and a process to disclose the adverse impacts of projects with a federal nexus. OBLIGATION COMPLETION - PARTNERS have fulfilled all OBLIGATIONS included in this agreement, and all amendments to this agreement, and have signed a COOPERATIVE AGREEMENT CLOSURE STATEMENT. OBLIGATIONS - All responsibilities included in this agreement. OBLIGATIONS COST - See COST OMB (Office of Management and Budget) - The federal office that oversees preparation of the federal budget and supervises its administration in Executive Branch agencies. PA&ED (Project Approval and Environmental Document) - See PROJECT COMPONENT. PARTNER - Any individual signatory party to this agreement. PARTNERS - The term that collectively references all of the signatory agencies to this agreement. This term only describes the relationship between these agencies to work together to achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one PARTNER'S individual actions legally bind the other partners. PROJECT - The undertaking to modifying interchanges and ramps from 0.4 km south of the Grand Avenue Overcrossing to 0.5 km south of the Oak Park Overcrossing on State Route 10 1 in Arroyo Grande. PROJECT COMPONENT - A distinct portion of the planning and project development process of a capital project as outlined in California Government Code, section 14529(b). PID (Project Initiation Document) - The activities required to deliver the project initiation document for PROJECT. PACT Version 10.1.201 1-02-1 8 Agenda Item 8.f. Page 23 DRAFT District Agreement 05-0264 PA&ED (Project Approval and Environmental Document) - The activities required to deliver the project approval and environmental documentation for PROJECT. PS&E (Plans, Specifications, and Estimate) - The activities required to deliver the plans, specifications, and estimate for PROJECT. R/W (Right of Way) SUPPORT -The activities required to obtain all property interests for PROJECT. R/W (Right of Way) CAPITAL - The funds for acquisition of property rights for PROJECT. CONSTRUCTION SUPPORT - The activities required for the administration, acceptance, and final documentation of the construction contract for PROJECT. CONSTRUCTION CAPITAL - The funds for the construction contract. PROJECT COST - See COST. PROJECT MANAGEMENT PLAN - A group of documents used to guide a project's execution and control throughout that project's lifecycle. PS&E (Plans, Specifications, and Estimate) - See PROJECT COMPONENT. QMP (Quality Management Plan) - An integral part of the Project Management Plan that describes IMPLEMENTING AGENCY'S quality policy and how it will be used. R/W (Right of Way) CAPITAL - See PROJECT COMPONENT. R/W (Right of Way) SUPPORT - See PROJECT COMPONENT. SAFETEA-LU - Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users SCOPE SUMMARY - The attachment in which each PARTNER designates its commitment to specific scope activities within each PROJECT COMPONENT as outlined by the Guide to Capital Project Delivery Workplan Standards (previously known as WBS Guide) available at http:l/www.dot.ca.gov/hq/projmgrnt~guidance.htm. SHS (State Highway System) - All highways, right of way, and related facilities acquired, laid out, constructed, improved, or maintained as a state highway pursuant to constitutional or legislative authorization. SPONSOR - Any PARTNER that accepts the responsibility to establish scope of PROJECT and the obligation to secure financial resources to fund PROJECT. SPONSOR is responsible for adjusting the PROJECT scope to match committed funds or securing additional funds to fblly fund the PROJECT scope. If a PROJECT has more than one SPONSOR, funding adjustments will be made by percentage (as outlined in Responsibilities). Scope adjustments must be developed through the project development process and must be approved by CALTRANS as the ownerloperator of the SHS. PACT Version 10.1.201 1-02-18 Agenda Item 8.f. Page 24 DRAFT District Agreement 05-0264 WORK - All scope activities included in this agreement. CONTACT INFORMATION The information provided below indicates the primary contact data for each PARTNER to this agreement. PARTNERS 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: Doug Heurnann, Project Manager 50 Higuera St. San Luis Obispo, California 93401 Office Phone: (805) 549-3788 The primary agreement contact person for CITY is: Teresa McClish, Community Development Director 300 East Branch Street Arroyo Grande, California 93420 Office Phone: 805-473-54400 PACT Version 10.1.201 1-02-18 Agenda Item 8.f. Page 25 DRAFT SIGNATURES District Agreement 05-0264 PARTNERS declare that: 1. Each PARTNER is an authorized legal entity under California state law. 2. Each PARTNER has the authority to enter into this agreement. 3. The people signing this agreement have the authority to do so on behalf of their public agencies. STATE OF CALIFORNIA CITY OF ARROYO GRANDE DEPARTMENT OF TRANSPORTATION APPROVED APPROVED By: By: RICHARD KRUMHOLZ Mayor District Director Date: Date: CERTIFIED AS TO FUNDS: By: City Clerk Date: By: APPROVED AS TO FORM AND PROCEDURE Julia Bolger Resource Manager By: Date: City Attorney PACT Version 10.201 1021 7 Date: Agenda Item 8.f. Page 26 DRAFT EA: OA370 District Agreement 05-0264 SCOPE SUMMARY PACT Version 9.1 3.31.08 21 of 25 2 2 160 165 drnI-OD 05 10 15 20 30 40 45 05 10 15 20 05 c 0 .- u P .- L 0 U) p" Perform Preliminary Engineering Studies and Draft Project Report Updated Project information Engineering Studies Draft Project Report Engineering and Land Net Surveys Environmental Study Request (ESR) NEPA Delegation Base Maps and Plan Sheets for Project Report and Environmental Studies Perform Environmental Studies and Prepare Draft Environmental Document Environmental Scoping of Alternatives Identified for Studies in Project Initiation Document General Environmental Studies Biological Studies Cultural Resource Studies Archaeological Survey Area of Potential EffectslStudy Area Maps Native American Consultation Records and Literature Search 05 10 15 V) Z 4 0 X X X X sgs 502 X X X X X X. X X X X X X X X X Agenda Item 8.f. Page 27 District Agreement 05-0264 PACT Version 10.201 10217 22 of 25 25 Historic Resources Evaluation Report - Archaeology Historic Resource Evaluation Report - Architecture (HRER) Bridge Evaluation Other Historical and Architectural Resource Study Products Cultural Resource Compliance Consultation Documents Final Area of Potential EffectslStudy Area Maps PRC 5024.5 Consultation 10 15 20 99 05 10 X X X X X X X Agenda Item 8.f. Page 28 District Agreement 05-0264 PACT Version 10.201 10217 23 of 25 3 235 15 20 25 30 35 40 55 60 90 99 05 10 15 20 25 Draft Traffic Plans Transportation Management Plan Draft Utility Plans Draft Drainage Plans Draft Specifications Draft Plans, Specifications, and Estimates Quantities and Estimates Structures Draft Plans, Specifications, and Estimates Incorporation Updated Project Information for Plans, Specifications, and Estimates Package NEPA Delegation Other Draft Plans, Specifications, and Estimates Products Mitigate Environmental Impacts and Clean Up Hazardous Waste Environmental Mitigation Detailed Site Investigation for Hazardous Waste Hazardous Waste Management Plan Hazardous Waste Plans, Specifications, and Estimates Hazardous Waste Clean-Up X X X X X X X X X X X X X X X Agenda Item 8.f. Page 29 District Agreement 05-0264 PACT Verslon 10.201 1021 7 Agenda Item 8.f. Page 30 DRAFT FUNDING SUMMARY 05-SLO-101-13.1114.6 EA: OA370 District Agreement 05-0264 PACT Version 9.1 3.31.08 - 3 ii 0 .* = a J $0 $1,115,000 $1,115,000 - a t 0) - a a s 3 z * 3 LL $482,000 $2,885,000 $3,367,000 W L - 3 .- 0) a 5 LU ; P $300,000 $980,000 $1,280,000 a a a a a n w 08 d $1 82,000 $750,000 $932,000 $0 $1,115,000 $1,115,000 I-" 0 C a LL STlPlRlP City Subtotals by Component LL* LL STATE LOCAL $0 $40,000 $40,000 CITY CITY $482,000 $1,770,000 $2,252,000 Ag e n d a I t e m 8 . f . Pa g e 3 1 THIS PAGE INTENTIO NALLY LEFT BLANK Agenda Item 8.f. Page 32