HomeMy WebLinkAboutDEPARTMENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS - 1962-11-199-20-62
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COOPERATIVE. AORMONT
VII-ORA-158-HntB
62-O V10HO317.2
Agreement No. 1347
The City of Huntington Beach, a municipal corporation
of the State of California, hereinafter referred to as "CITY",
and the State of California, Department of Public Works,
Division of highways, hereinafter referred to as "STATE.", do
enter into the following Agreement:
WF=- AS, the State contemplates the Improvement of a
portion of the San Diego Freeway, Stete Highway Route 158, by
construction of a freeway along new elignment in and near the
City of Huntington Beach; and
WMEAS, there exists in the vicinity of the proposed
freeway at Sugar Avenue an unsatisfactory drainage condition
which ham resulted in periodic flooding of Sugar Avenue, private
property and State property acquired for the freeway; and
VHEREAS, the State and the City do mutually desire to
cooperate and jointly participate in the construction of a
drainage System between Orange County Flood Control District
Channel C-5 and the southwesterly right of gray line of State's
freeway, designated "C5-5C2 Channel", to improve aforesaid
unsatisfactory drainage condition, and desire to specify herein
the portions of the said C5-gC2 Channel to be constructed by
State and by City, and to prcvide for the future maintenance
of the said C5-SC2 Channel; and
WHEF.EAS, the State and the City will mutually, benefit
from the aforesaid construction of the C5-SC2 Channel through
the correction of the unsatisfactory drainage condition;
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893E 12.34 125.
3 EST 1977 SPO
NOW, THEREFORE, iT ' IS � AGR.EED AS FOLLOWS t
SECTION I
CITY AGREES*.
1. To, acquire right of ,ray and con6truct C5-'SC2
Channel prior to,construction of freeway, from Orange County
Flood Control District Channel`C-5 to'the southwest corner of
Stag -owned property 6s shown' on iKhibits "A" and "E", copies
of which are attached to and r de'a part of this igreem'ent.
m 2. To tna ain,' as constructed lbyCity and by State,
all portion's of the '05-SC2'"Channel outside the freeway right of
way, including'the portion constructed across'State=owned
property.
3. To bear` the entire expense of the foregoing
enumerated items in this section, and to make no clam. against
State for any portion of such expense.
4. To accept into said C5--SC2 "Channel the, drainage
from the ° freeway' right of "way and to accept conveyance of the
easements described in Section Ii,' para,graphe and .b of this
'Agreement..
5. To hold State and its 'officers and employees
harmless from any and all claims 'fcr damages '.rising out of
changes `in drainage conditions due to the' stork to be performed.
by City hereunder.
SECTION II
STATE AGREES:
1. ' To 'cause to be construeed as a part of the
freeway project, ;graded channels across State-ovmed property
from the freeway right of way to ,loin the 05-802 Channel
constructed by City as'shown on 'Exhibit 'W ,
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:He 1l. 94 127Y
.T. 19!7 510
2. To prepare all plans and specifications required
to construct the aforesaid channels referred to in this section
and to submLt said plans for City's approve.l prior to
construction.
3. To the extent that it may legally do so, to hold
City and its officers and employees harmless from any and all
claims for damages arising out of changes in drainage conditions
due to the work to be performed by State hereunder.
4. To convey to City drainage easements, subject to
all matters of record, for said C5-SC2 Chan:iels to be cobstructe
by State as referred to in this section and as shot1•n on the
attached Exhibit "B". The drainage easements will be conveyed
subject to a reservation by the State of access rights from
said casement in and to the adjoining freeway.
5. To convey, subject to all matter of record, to
City a non-exclusive easement for private road purposee parallel
and adjacent to the freeway right of way as shown on attached
Exhibit "B". The non-exclusive easement will be conveyed subjec
to a reservation by the State of access rights from said easemen
in and to the adjoining freeway. It is understood and agreed th
non-exclusive easement shall abut upcn and have access to a
frontage road as shown on attached Exhibit "B".
6. To bear entire expense of all the foregoing
enumerated items in this section and to make no claim against
the City for any portion of such expense.
_ - -,--. - Ih . WITNESS h1=0F, the parties hereto have caused
this Agreement to be executed. by their respective officers,
duly authorized: By the City this 21st day Of November
1962, and by the State this day of 1962
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DEPARTMM'T OF PUBLIC WORKS
Acting.through the
Division. of Highwayu
State of California
J. C . WOMACK
State Highway Engineer
By
IL
Approved an to ron-, z.::-? Procedure Deputy STate FUglfway g user
Attornc for the State CITY OF HIP.i`INGTOIN REACH
mayor
1
-city
----- - -- ------
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CST. to•1. •."
,�u,�ruiwun►
EXr, tFi FROM HnMES OF. CITY C=XCIL
"APES
Council Chambers City Fall
Huntington Eeachc California
Mayor Lambert _called the • regular mooting of the
City Council of the City of Huntington B:aah to order at Mo obclock P.L'.
Councilmen presents Wells, Gisler Stewart Welch ` Lambert
Councilmen Absents None
R#R##�FRlF1F'ltiFR## R##lF1kildFiFIF#*R*#iF!!�!f'.F***�dFR#�##IFlF*itil�iF�F#ii��# R!F**�*if*
The Clerk presented a transmittal from the City Engineer of
an agreement between the City•and.the-State Division of High-
ways to provide right•of-way and construction drainage work in
connection with the City C5•SC2 Channel, for Council considera-
tion.
On motion'by Welch, seconded by Gisler, Council approved the
agreement and directed the Mayor and City Clerk to execute
same on behalf -of the City. Motion carried.
On aotioa by Welch aecondod by Gisler the regular
meeting of the City Cctmcil of the City of H=tington Peach adjourned,
Lotion carried.',
ATTEST:
.panl- 9 ,_4Qnes
City Clerk and er.-officio Clerk of
the City Council of the City of
Huntirieton Beach, California,
�PBti�.ga Robert H. Lambert
City Clerk t'ayor
STATE OF CALIFORNIA
Caunty of OrarZa ass -
City of Huntington I! each
I, -PAUL _C. dO: ES9 the duly electod, qualified and actin,; City Clerk of
the City of fnntington .Beach, California, do hereby certify that the above and
foraLoing is -a true and correct excerpt from vinutes of the City Council f eai
City at' their regal ar ' moetin„ held on the 1-9th day ofNovemberlg 2
14Ii'!r'k� S ,y and semi of the Be -id City of-Himtingtcn Bcach this
the_ 27th ..`dV of November a 19622 ,
City Clerk an z-officio Clerk
Of the City CounCll -of -the -City .
of Ur-"tlnzto.n Beach, California
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I
07-ora-1 29.9
Pacific Coast i:wy. 0
garner Avenue
07364 - 278701
District Agreement =Zo. 2818
TI11S ACREEM I- i , IME KND E:ITEPI:D INTO THIS
DAY or , 19
BY MD BETi;' 111
AND
CITY or HUNTINC M.1 BEACH,
a body politic and a r:unicipal
corporation of the State of
California, hereinafter
referred to as 'CITY"
STATE or CALiromIA.
acting by and through its
Business and Transportaticn
Agency, D*partr..ent of Public
works, Division of Highways,
hereinafter referred to ar
*STATV
•
MUZAS, STATE and CITY contemplate installation
of traffic control signal system and safety lighting at
the intersection of Warner Avenue with State Highway Route 1
(Pacific Coast nighway), a portion of which is situated
within the City of Huntington Peach, and desire to specify
herein the terms and conditions under which said system is
to be installed, financed and maintained.
11011, THM-REFOPX, in consideration of the covenants
and conditions herein contrained, the parties hereto agree
as follows%
SECT1011 I
STATE AGREES%
(1) To install the traffic control signal system
and safety lighting hereinbefore rentioned, through construc-
tion by contract with construction contractor licensed by
the State of California, said contract to bo carried out in
accordance with provisions of tho State Contract Act,
Chapter 3, Part S. Division 3, Title x of the Cavornment
Code, and work completed in conformity with plans and speci-
fications of STATE.
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(2) To bear the entire expense of preparation
of plans and specifications, an3 STATE'V share of construc-
tion engineering costs (including all direct and indirect
costs ((functional and ad-ainistrative overhead asscssrent))
attributable to such work, applied in accordance with
:TATW S standard accounting procedures) and construction
costs required to co:Uplete tho installation referred to
herein, such share to be a own bearing the care proportion
to the total cost of installation of the traffic control
signal system, and safety lighting as the n=nber of legs of
highways under jurisdiction of STATE at the internection
involved bearn to the total number of legs of highways at
nuch intersections.
(3) To maintain and operate the entire traffic
control signal system as installed.
(d) To reirburse CITY for STATr'S proportionate
share of the cost of rnintenanc�3 and operation of said
Safety lighting, such share to be determined in the tanner
provided in t2iat Agreement for Maintenance of State highways
within the CITY which is in effect at the tirn said costs
are incurred.
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SECTION. II
CITY AGREES:
(1) To deposit with STATE within 30 days of
receipt of billing therefor (which billing will be forwarded
irmediate*ly following STATE': bid advertising dame of a
construction contract for the aforesaid installation),
the amount of $5,000, which figure represents CITY'S
estimated chtre of construction engineering costs and
construction costs required to corplete the installation
roferred to herein.
The actual amount of CITY'S ahare of construc-
tion engineering costs (including all direct and indirect
costs ((functional and administrative overhead asse;ssnant))
attributable to such work, applied in accordance witt-11
ETAT:'S standard accounting procedures) and construction
costs will be: determined after completion of work and a
financial settlement wade upon final accounting of costs.
Said share will be a sum bearing the same proportion to
the total cost of installation of the traffic control
signal system and safety lighting as the number of legs
of highways tinder juriedicticn of CITY at the intersection
involved bears to the total muiber of loge of highways
at such intersection.
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(2) To reimburce STATE for CITY'S proportionate
share of tho cost of maintenarce and operation of said
traffic control signal systcni, such share to be deternined
in the manner provided in that Agreerent for Mpintenance of
£torte highways within the CITY which is in effect at the
time said costs are incurred, or if no such agreement
exists, such share to be a sum bearing the sane proportion
to the total cost of maintanarre and operation of Baid
traffic control signal system and safety lighting as the
number of logs of highways under jurisdiction of the
CITY bears to the total nurler of legs of highway at
such intersection.
(3) To maintain and operate the safety lighting
as installed.
(4) To furnish the necessary right of way
unless otherwise provided for and to certify to STATE that
the right of way is owned by CITY or that CITY has Eight of
Entry to do Work prior to date of advertising.
-5-
SECTIO14 III
It is mutually understood and agreed:
(1) That obligations of :STATE under terms of
this Agreement are subject to the allocation of funds by
the California Nighway Co-zmmi.ssion.
(2) That neither STATE near any officer or
employee thereof shall be responsible for any damage or
liability occurring by Treason of anything done or omitted
to be done by CITY under or in connection with any work,
authority or jurisdiction delegated to CITY under this
Agreement. It is also understood and agreed that, pursuant
to Government Code Section 895.4 CITY shall fully indemnify
and hold STATE harmless from any liability imposed for
injury (as defined by Government Cade Section 810.8)
occurring -by reason of anything done or omitted to be clone
by CITY under or in ,connection vrith a.ny 'work, = authority or
jurisdiction delegated to CITY under this Agrbement.'t
(3) That neither CITY nor -"any officer or employee
thereof, is responsible for any damage or liability occur-
ring by reason of anything done or omitted to be done by
STATV under or in connection with any work, authority or
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jurisdiction not delegated to CITY under this Agreement. It
is Also understood and agreed that, pursuant to Govermient
Code Section 895.4, STATE zhall fully indemnify and hold
CITY harn°:less from any liability irTmosed for injury (as
defined by Covernment Code Section 810.8) occurring by
reason of anything done or omitted to be done by STATE
under or in connection with any work, authority or
jurisdiction not delegated to CITY under this Agreement.
(4) That, should any portion of the project be
financed with rederal Funds or State Gas Tax runds all
applicable procedures and policies relating to the use
of such funds shall apply notwithstanding other provisions
of this Agreement.
IN t.11TILiESS VIIERZOF, the parties hioreto have
caused this Agreement to be executed by their respective
officers, duly authorized, the provisions of which Agree -
rent are effective as of the day, month and year first
hereinabove written.
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r
ME
STATE OF CALIFORNIA
Department of rublic Vorks
Division of Vighways
A As GECiIARPRA
tate Highway Engineer
ny
D str ct Lngineer
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CITY or IsU: ; INGTON LEACH
BY
3icZY JR6 TEM
Attest�� _-
City Cl
Lpprovod as to form and
procedurcz
Cif Attorney
f
CITY OF HUNTINGTON BEACH
ENGINEERING DEPARTMENT
Huntington Beach, California
March 13, 1968
rb
Honorable Mayor �' �a•
and City Council
City of Euntington Beach
Attention: Doyle Miller
City Administrator
Gentlemen:
Transmitted herewith is an agreement between the City
and the Eivision of Highways regarding maintenance of
embankments on the San Diego Freeway.
This document supersedes a previously executed agree-
ment by adding the third Whereas, a general statement, and
paragraph (1), Section III, wzich protects the State from
negligence on our part.
It is recommended that your Honorable Body approve
this and authorize its execution by the Mayor and Clerk.
JRW:ae
Trans.
Very truly yours,
ames R. Wheeler
Director of Public Works
—owl:)
OFFICE MEMORANDUM
From
In Re
iolY "i u
V
/fo
/-P
/%�61 ,.70
pl�i� �5���-
6TATS OF CALIFORNIA
.DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
DISTRICT VII
MAILING ADDRF54
BOX 2304. TERMINAL ANNEX
LOS ANGELES 54. CALIFORNIA
January 22, 1963
Mr. James R. Wheeler
City Engineer
City of Huntington Beach
P.O. Box 190
Huntington Beach, California
Dear Mr. Wheeler:
12
0
1. op"1Ms ir.orr
LOS ANGELIS /Z. CALIF.
PMOMe. MADISON 0.2030
PL9A5E REF[R
TO FILR No.
San Diego Freeway
V1I-ORA-158-B,Wtm,
HntB,C
Newland St. to 0.6 nt.
E. Bolsa Chica Rd.
62-07V1ox0317.2
1-4o5
Cooperative Agreement
1347
Attached is the City's copy of fully executed Agree-
ment No. 1347, covering participation between the
City and State for drainge improvement in the vi-
cinity of Sugar Avenue.---
Very truly yours,
A. W. HOY
District Engineer
By �' J
C. W. FORD
Assistant District Engineer
Attach.
U
�Wi
CITY OF HUNTINGTON BEACH
ENGINEERING DEPARTMENT
Huntington Beach, California
November 14# 1962
Honorable Hayor
and City Council
City of Huntington Beach
Attention: Doyle Miller
City Administrator
Subject: C5MSC2 Channel
Freeway Drainage
Gentlemen:
Transmitted herewith are copies of an
agreement between the City and the Division of High-
ways in which is set forth the manner in which the
State will provide drainage facilities connecting
to our C5-SC2 Channel which is now under construction.
Briefly, the State agrees to provide
right-of-way and construct drainage works and turn
them over to the City. "we will not participate in
the work proposed, but after acceptance will maintain
it.
It is requested that your honorable body
approve the agreement and instruct the Mayor and
Clerk to execute.
Very truly yours,
awes R, Wheeler t
City Engineer
JRW : a
Att.
1
STATE OF CALIFORNIA
DEPARTMENT OF rVDLIC WORKS
DIVISION OF HIGHWAYS
DISTRICT VII
MAILING AODRtss
SOX 2304. TERMINAL ANNEX
LOS ANGEL.ES 54. CALIFORNIA
September 251 1962
Mr. James R. Wheeler
City Engineer
City of Huntington Beach
P.O. Box 190
Huntington Beach, California
Subject: Agreement No. 1347
Dear Sir:
120 S. SPRING /T.[cf
LOS ANGtLxf 12. CALIF.
rROwst MA Ot.ON 0-3070
PLEASE RtF[R
70 FILE NO.
VII-ORA-158-B,Wtm,HntB,C
Newland St. to 0.6 mi. E.
Bolsa Chica Rd.
62-07V1OH0317.2
1-405
Attached for execution by the City are two copies of the final
draft of Agreement No. 2347 covering the construction and mainte-
nance of the C5-SC2 Channel. One copy is marked "State's Copy"
and the other is the City's counterpart for execution.
Please return both copies for execution by the State and also two
certified copies of the resolution by the City Council authoriz-
ing the Mayor and City Administrator to execute the agreement.
The draft approved by the City has been revised as follows:
A. Section I: Items 2, 4 and 5 have been reworded.
B. Section II: A "hold harmless" clause has been added
as item No. 3 and old Nos. 3 and 4 have been renumbered
4 and 5.
Very truly yours,
A. W. HOY
District Engineer
BY g.,W.
C . W. FORD
Assistant District Engineer
Attach.
F
STATE OF CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
DISTRICT VII
MAILING ADDRESS
BOX 2304, TERMINAL ANNEX
LOS ANGELES 54. CALIFORNIA
September 25s 19062
I ,Wheeler
City o.
ff'Huntington Beach
P.O. Box 190
1juntingtbon Beach., Calif ornia
Subjeatz Agreement No. 1347
Dear Sir:
120 SOUTH SPRING STREET
LOS ANGELES 12. CALIF.
PHONE: MADISON 0-3030
PLEASE REFER
TO FILE No.
Newland St. 1k
Bolsa, Mica Rd.
62-OTV10,HO317.2
1-405
draftAttached for exeoution by the City are two copies of the final
Agreement ai the construotion and mainte-
nanee of the C5-SC2 Channel.
One copyt sCopy"
and the other is the City's counterpart for execution.
execution
Please return both coplos for
also two
copiescertified of the resolution
Administratoragreement.
,jproved by the City has been. revised as tollowst
A* Section It Items,
.. And 5 have
been
reworded.
":
B. Section Ilt A "hold harmless" clause has been added
as item No. 3 i' old Nos. 3 and 4 havebeen renumbered
t+i
Dist-rict Engineer
4 it ! PORD
Assistant District Engineer
i✓ e *
Map on File
with City Clerk