HomeMy WebLinkAboutCity Council - 6167 RESOLUTION NO. 6167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE AN AGREEMENT WITH THE
STATE OF CALIFORNIA TO IMPROVE BEACH BOULEVARD
FROM ELLIS AVENUE TO ROUTE 405
WHEREAS, the City of Huntington Beach desires to re-strip from 6
to 8 lanes on Route 39, Beach Boulevard from Ellis Avenue to Route
405; intersection improvements and signal coordinations pursuant to
the terms and conditions contained in that certain agreement between
the State of California and the City of Huntington Beach to
cooperate in the improvement of such highway, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by this
reference; and
Such agreement is authorized by the California Streets and
Highway Code §114 .
NOW, THEREFORE, the City of Huntington Beach City Council
authorizes the Mayor and the City Clerk to execute such agreement
and deliver all necessary documents in connection therewith for and
on behalf of the City of Huntington Beach.
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 18th day
of June 1990.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City or ey S-IQ-�►�
REVIEWED AND APPROVED: IN LED AN APPROVED:
City Administrator Director o Public Works
-1- 4�o
12-Ora-39 3 . 1/5.8
Ellis Avenue
to Route 405
12207 - 909070
F District Agreement
No. 12-061
THIS AGREEMENT, ENTERED INTO ON _ / S-, , 19 Pz� , is
between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, ref red to herein as STATE, and
CITY OF HUNTINGTON BEACH
a body politic and a municipal
corporation of the State of
California, referred to herein
as CITY
CIO
CNI
exhibit A to Res. 6167
RECITALS
1. STATE and CITY, pursuant to Streets and Highways Code
Section 130, are authorized to enter into a Cooperative Agreement
for improvements to State Highways within the County of Orange.
2 . CITY desires State highway improvements consisting of
re-striping from 6 to 8 lanes on Route 39 , Beach Boulevard, from
_ Ellis Avenue to Route 405; intersection improvements and signal
coordinations, referred to herein as IMPROVEMENTS. CITY is willing
to fund 100 percent of all capital outlay and staffing costs,
except that costs of STATE ' s oversight of design and right of way
activities may be borne by STATE.
3 . STATE requests, and CITY agrees, that CITY will prepare
plans, specifications and estimate for IMPROVEMENTS.
4 . Construction and Construction Administration of said
IMPROVEMENTS will be the subject of a separate future agreement.
5. STATE and CITY hereto desire to define herein the terms
and conditions under which said IMPROVEMENTS will be developed and
designed.
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6167
SECTION I
CITY AGREES:
1. To prepare at no cost to STATE, plans, specifications and
estimate (PS&E) for IMPROVEMENTS with CITY and/or consultant
forces. The PS&E are to be prepared in accordance with STATE' s
laws, rules, regulations, policies, procedures, manuals, standard
plans and specifications, and other standards. PS&E are to be
subject to ongoing review, and formal draft and final review and
approval by STATE. ; CITY and/or its consultants shall not
incorporate in the design any materials or equipment of single or
sole source origin without the written approval of STATE.
;t
2. To fund 100% of all costs of right of way acquisition and
for preparation of plans, specifications and estimate for
IMPROVEMENTS.
3 . To acquire all rights-of-way necessary for the
construction of IMPROVEMENTS.
4 . To perform all right-of-way activities, at no cost to
STATE in accordance with procedures acceptable to STATE, and in
compliance with all applicable State and Federal laws and
regulations, subject to STATE oversight to insure that the
completed work is acceptable for incorporation into the State
Highway right of way.
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5. To identify, locate and protect in accordance with
STATE's "Policy on High and Low Risk UNDERGROUND facilities within
Highway Right-of-Way" , all existing public and/or private utilities
that may conflict with the construction of IMPROVEMENTS.
6 . To prepare utilities plans and documents; and to
negotiate and arrange for utilities relocations for. IMPROVEMENTS
with CITY and/or consultant forces.
7 . Not to use funds from any Federal aid program for design
of IMPROVEMENTS.
8 . To make written application to STATE for necessary
encroachment permits authorizing entry onto STATE 's right of way
to perform surveying and other investigative activities required
for preparation of the PS&E.
9. If any existing public and/or private utilities conflict
with the construction of IMPROVEMENTS, CITY will make all necessary
arrangements with the owners of such utilities for their
protection, relocation, or removal . CITY will inspect the
protection, relocation, or removal, and if there are costs of such
protection, relocation, or removal which STATE and/or CITY must
legally pay, CITY will bear the cost of said protection,
relocation, or removal, plus cost of engineering overhead and
inspection. If any protection, relocation, or removal of utilities
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is required, such work will be performed in accordance with STATE
policy and procedure for those utilities within STATE's existing
or proposed right of way and in accordance with CITY policy for
those utilities outside STATE's existing or proposed right of way.
10. To furnish evidence to STATE, in a form acceptable to
STATE, that arrangements have been made for the; protection,
relocation, or removal of all conflicting utilities within the
STATE ' s right of way and that such work will be completed prior to
the award of the contract to construct IMPROVEMENTS or as covered
in the Special Provisions for said contract. This evidence -shall
include a reference to all required State Highway Encroachment
permits.
11. To certify legal and physical control of rights of way
ready for construction, and that all rights of way were acquired
in accordance with applicable State and Federal laws and
regulations subject to review and concurrence by STATE prior to the
advertisement for bids for construction of IMPROVEMENTS .
12 . To deliver to STATE legal title to the right of way, free
and clear of all liens and encumbrances detrimental to STATE's
present and future uses prior to the date of acceptance by the
STATE of maintenance and operation of IMPROVEMENTS. Acceptance of
said title by STATE is subject to a review of policy of Title
Insurance in STATE's name to be provided and paid for by CITY.
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13 . To prepare the final design documents and drawings of
IMPROVEMENTS by or under the directions of a Civil Engineer
registered and licensed in the State of California. Any reports,
the specifications, and each sheet of plans shall bear the
professional seal , certificate number, registration classification,
expiration date of certificate, and signature of the professional
engineer responsible for their preparation.
SECTION II
STATE AGREES:
1. To provide CITY and/or its consultants with necessary
regulations, policies, procedures, manuals, standard plans and
specifications, existing survey data and other standards required '
for the preparation of PS&E.
2 . To provide a State Project Manager to review, provide
advice and recommendations regarding the work of CITY and/or its
consultants, and to obtain approval as necessary during the
preparation of PS&E for IMPROVEMENTS.
3 . To provide oversight of IMPROVEMENTS and to provide
prompt reviews of submittals by CITY and its consultants, and to
approve said documents when in accordance with STATE design
practices at no cost to CITY.
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4 . To Provide prompt reviews of all right of way documents
and maps prepared by CITY and its consultants; to provide oversight
of all right-of-way related activities including, but not limited
to the preparation of right-of-way Record maps and Appraisal maps,
the appraisal, negotiation and acquisition of necessary properties
for the construction of IMPROVEMENTS, and to approve said documents
and activities when in accordance with STATE right-of-,way policies,
rules, procedures and practices.
5. To issue, at no cost to CITY, upon written application
by CITY, an encroachment permit authorizing entry by CITY 's staff
and consultants onto STATE' s right of way to perform survey and
other investigative activities required for preparation of the
PS&E.
6. To provide CITY and/or its consultants, at no cost to
CITY, sample of CALTRANS ' standard mylar plan sheets to be used for
the preparation of the plans for IMPROVEMENTS.
SECTION III
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this
Agreement are contingent upon the appropriation of resources by the
Legislature and the allocation of resources by the California
Transportation Commission.
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6167
2 . That STATE shall designate a State Project Manager and
the CITY shall designate a representative through whom all
communications between the two agencies shall be channeled. STATE
Project Manager shall review, provide advice and recommendations
regarding the work of CITY and/or its consultants during
performance of PS&E work.
3 . Upon completion of all work under this Agreement or
acceptance of PS&E by STATE, ownership and title to all reports, '
documents, plans, specifications and estimates including estimate
backups produced as part of PS&E will automaticallX be vested in
STATE and no further agreement will be necessary to transfer
ownership to STATE. CITY will furnish STATE all necessary copies
of plans, specifications, and estimates to complete review and
approval process, and upon final acceptance of PS&E by STATE will
transfer all PS&E documents to STATE.
4 . It is understood and agreed that neither STATE nor any
officer or employee thereof is responsible for any damage or
liability occurring by reasons of anything done or omitted to be
done by CITY under or in connection with any work, authority or
y
jurisdiction delegated to CITY under this Agreement. It is
understood and agreed that pursuant to Government Code Section
895.4 , CITY shall defend, indemnify and save harmless the State of
California, all officers and employees from all claims, suits or
actions of every name, kind and description brought for or on
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account of injury (as defined in Government Code Section
810. 8) occurring by reasons of anything done or omitted to be done
by CITY under or in connection with any work, authority or
jurisdiction delegated to CITY under this Agreement.
5. It is understood and agreed that neither CITY nor any
officer or employee thereof is responsible for any damage or
liability occurring by reasons of anything done or omitted to be
done by STATE under or in connection with any work, authority or
jurisdiction - delegated to STATE under this Agreement. It is
understood and agreed that, pursuant to Government; Code Section
` 895.4 , STATE shall defend, indemnify and save harmless the CITY,
all officers and employees from all claims, suits or
actions of every name, kind and description brought for or on
account of injury (as defined in Government Code Section 810 . 8) �?
occurring by reasons of anything done or omitted to be done by
STATE under or in connection with any work, authority or
jurisdiction delegated to STATE under this Agreement.
6. That provisions of this Agreement may be altered, changed
or amended in writing by mutual consent of the parties hereto.
7 . Prior to award of a construction contract, CITY may
terminate IMPROVEMENTS and this Agreement in writing, provided CITY
pays STATE for all IMPROVEMENTS oversight costs incurred by -STATE
prior to termination.
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8 . Except as otherwise provided in Article 7 above, this
Agreement shall terminate upon completion and acceptance of the
PS&E for IMPROVEMENTS or on January 1, 1995, whichever is earlier
in time.
STATE OF CALIFORNIA CITY OF HUNTINGTON BEACH
Department of Transportation
ROBERT K. BEST y
Director of Transportation
9
BY B
District Director r
Approved as to form
and procedure
In
Attest:At ney City Clerk
Depar ment of Tra s ortation
Certified as to funds Approved as to form:
and procedure
ti
A counting ficer City Attorn y
District 12 -yz
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6167
Res. No. 6167
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 18.h day
of June 19_go_, by the following vote:
AYES: Councilmembers:
MacAllister, Win�pllr C;rec-n,_Maays- Bannister, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Silva
City Clerk and ex-officro Clerk
of the City Council of the City
of Huntington Beach, California