(7)AR 052008 Valley Blvd/BNSF Grade Separation project

Browse Search

Cooperative Agreement No. C08161 (b) Conduct a Public Hearing for the Negative Declaration. (c) Consider and Approve a Negative Declaration. (d) File the Notice of Determination with the county clerk. (4) If an Environmental Impact Report (EIR) is required: (a) Mail the "Notice of Preparation" to notify responsible agencies that an EIR is being prepared for the PROJECT. (b) File a "Notice of Completion' and give public notice of availability of a draft EIR. (c) Conduct a Public Hearing for the draft EIR. (d) Consider and Approve a final EIR (e) File Notice of Determination with the county clerk. f) CITY agrees the final plans and specifications shall be approved by the CITY. The City Engineer shall be the PROJECT Designated Engineer as defined by Local Assistance of the State of California Department of Transportation. g) CITY agrees to exempt AUTHORITY from plan check fees for submittal reviews. h) CITY agrees to provide at no cost to AUTHORITY existing improvement plans, and standard plans and specifications. i) AUTHORITY and its consultants shall apply for encroachment permits authorizing entry of AUTHORITY and its consultants onto CITY right of way to perform investigative activities, including surveying and geotechnical borings, required by the PROJECT. j) CITY agrees it will issue zero fee encroachment, traffic control, and street cut permits or other permits required by the CITY to perform investigative activities required by the PROJECT. k) AUTHORITY agrees to obtain, as a PROJECT cost, all necessary PROJECT permits, agreements and/or approvals from appropriate agencies. All mitigation, monitoring, and/or remedial action required by said permits and/or agreements shall constitute part of the PROJECT cost. 1) CITY agrees to be the lead agency for addressing legal challenges to the environmental document with support from AUTHORITY and its consultants who prepared the environmental document. m) In the event that AUTHORITY, in the process of environmental or design investigative studies, discovers hazardous material sites on existing and proposed CITY right of way and the Federal, State, or local agency having jurisdiction over those hazardous material sites orders the remediation of that contaminated site and any plume leading to or from that site, AUTHORITY shall immediately notify the CITY. AUTHORITY shall evaluate with the CITY the impact on costs of PROJECT for required remedy or remedial action of all hazardous material found in existing and proposed CITY right of way required for construction of PROJECT. This evaluation shall constitute part of the PROJECT cost. n) AUTHORITY agrees to provide Right of Way Engineering services for the PROJECT, including Title research and investigation, defining right of way requirements, and preparing legal descriptions and plat maps. R/W Appraisals & Acquisition, eminent domain, and relocation assistance shall be part of a separate, independent agreement and the terms and conditions of this Agreement do no apply. c08161.docx 7 of 10