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HomeMy WebLinkAboutDEPARTMENT OF TRANSPORTATION (CALTRANS) - 1987-06-15REQUETr FOR CITY COUNCIL ACTION Date SuLmitted to: Honorable Mayor and City Council Sul: mitted by- Michael T. Uberuaga, City Administrator ege-11.1- Pre-pared by: �'Iouis F. Sandoval, Director of Public Works 1�v March 16, 1992 APPROVED BY CITY COUNCIL 19 faz C7 4z rat Z-.. d Subiect: Amendment to Provide a Time Extension Is Needed to the Agreement Between the State and the City for the Design of Improvements on Pacific Coast Highway from Brookhurst Street to Beach Boulevard Consistent with Council Policy? PC I Yes [ I New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: TAT An amendment to the existing design agreement for Pacific Coast Highway is required to provide for the extension of the termination date of the original agreement. RECOMMENDATION: Approve the amendment to extend the termination date of the agreement for the design of improvements on Pacific Coast Highway from Brookhurst Street to Beach Boulevard. ANALYSTS: On June 15, 1997, an agreement between the State of California, Department of Transportation (Caltrans) and the City of Huntington Beach was entered Into for the City to design Improvements on Pacific Coast Highway between Brookhurst Street and Beach Boulevard. Caltrans, in 1997-88 was restricted from contracting with consultants. The City consequently, retained BSI Consultants, Inc. on August 1, 1998 to design the Improvements on the state highway. The City, Caltrans and BSI are working together to design these Improvements. On May 7, 1990, the City Council approved extending the termination date for this agreement from April 30, 1990 to April 30, 1992. The project will not be completed by this date and Caltrans requested the attached amendment to the agreement extending the termination date from April 30, 1992 to April 30, 1995. It should be noted that this project shall be constructed In compliance with the original Project Study Report adopted by the California Coastal Commission several years ago. EUNDTNG SOURCE: No new funding required. ALTERNATWE ACTION: Not Applicable ATTACHMENIS- 1. Amendment to Agreement 2. Location Map NITU:LFS:AAF:lb 3172g/4 (D P10 sm i=) T-4 W-1 CZ) 12-ORA-1 22.1/23.7 Improvement of Pacific Coast Highway from Brookhurst Street to Beach Boulevard. 12208 - 107191 District Agreement No. 3728 A-2 P; Wd PGPI a V& 0MA"10 THIS AMENDMENT TO AGREEMENTr ENTEPXD INTO ON 19 is between the STATE OF CALirORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF MITTINGTON BEACH a body politic and a runicipal corporation of the State of California, referred to herein as CITY District Agreement 110*.13728 A-2 1. The parties hereto entered into an AGREEMENT (Document No. 6110) on %Tune 15, 1987, said AGREEMENT defining the terms and conditions of a cooperative project to prepare plans, specifications, and estimates (PS&E) for a project to widen Pacific Coast Highway (PCH) between Brookhurst Street and Beach Boulevard in the City of Huntington Beach referred to herein as the PROJECT. 2. STATE and CITY entered into AMENDMENT TO AGREEMENT (3728 A-1) on May 7. 1990 extending . the termination date to April 30, 1992. 3. It has been determined that the PROJECT will not be constructed prior to the termination date of said AMENDMENT. oil MM& V 'Ito 20 049L*10 2N 1W 0WO-01A "JoyffAl"Wo 2101 1. That Section 111, Article 10 of the original AGREEMENT is amended to read "that this AGREEMENT shall terminate upon completion and acceptance of PROJECT by STATE or on April 30, 1995, which ever is earlier in tire; however, the ownership F District Agreement No-, 3728 A-2 and maintenance clauses shall remain in effect until terminated, in writing, by mutual agreement". 2. The other terms and conditions of said AGREEMENT (Document No. 6110) shall remain in full force and effect. 3. This AMENDMENT TO AGREEMENT is hereby deemed to be a part of Document No. 6110. STATE OF CALIFORNIA City of HUNTINGTO� BEACH Department of Transportation By zZ /-A .-17 Mayor aAMES W. VAN LOBEN SELS Director of Transportation BY Walt If. Ha4en,. ChietK Deputy District Dii,/ector ATTEST*. city C16-r-k Approved Form and Procedure Approved as to Form nx- PZ Attor4dy 61:rl 7-17City AttorneyGzft�r- Califo'rhia Departalt of Transportation 3 8020ohdre R9 N-5 Council Chamber. Civic Center Huntington Beach. California Monday, March 16, 1992 A videotape recording of this meeting Is on file in the City Clerk's Office. Mayor Silva called the regular meetings of the City Council and the Redevelopment Agency of the.City of Huntington Beach to order at 7 p.m. PRESENT: MacAllister, Winchell, Silva. Green. Kelly. Robitaille, Moulton -Patterson ABSENT: None -(City Council) AMENDMENT -TO -PROVIDE A TIME EMENSION TO THE AGREEMENT BUNEEN THE 5TATE AND THE CITY FQR_QTMGN OF 1MPR0VEMEKTS_0N EACIFIC COASI HIGHMY FRQH ORMUSST STREET TO BEAM BO(JLEVARQ - APPROVE (600.20) The City Clerk presented a communication from the City Administrator dated March 16. 1992 pertaining to amendment to the. existing design agreement for Pacific Coast Highway to provide for the extension of the termination date of the original agreement. The Public Works Director presented a staff report. A motion was made by MacAllister. seconded by Kelly. to approve and authorize execution of Amendment to Agreement between the City and State of California to extend the termination date of the agreement for the design of improvements on Pacific Coast Highway from Brookhurst Street to Beach Boulevard. The motion carried by the following roll call vote: AYES: Robitaille, Silva, Green, MacAllister. Kelly NOES: None ABSENT: Moulton -Patterson, Winchell Page 2 - CouncAl/Agency Minutes - 3116t9Z Mayor Silva adjourned the regular meeting of the City Council and the regular meeting of the Redevelopment Agency of the City of Huntington Beach to 7 p.m., March 30, 1992, Council Chamber, Civic Center. ATTEST: Unnie Brockway City Clerk STATE OF CALIFORNIA County of Orange City of Huntington Beach) —Connie Brgckw4y City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Egter Green Mayor I. CONNIE BROCKKAY, the duly elected and qualified City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 16th day of March 1992. WITNESS my hand and seal of the said City of Huntington Beach this the 25th day of March 1992. Cgonje Brockway — City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California rbee p �"Uty STAT:: OF CALIFORNIA—BUS.-NESS AND TAXN�JTATION AGENCY PETE WILSON. Govena DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 PULLMAN ST. SANTA ANA. CA 92705 April 30, 1992 Mr. Louis F. Sandoval Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, Ca 92648 Dear Mr. Sandoval: 12-ORA-1 22.1/23.7 Improvement of Pacific Coast Highway from Brookhurst Street to Beach Boulevard 12208-107191 District Agreement No. 3728-A2 Subject: Executed Coonerative Agreement Attached for City of Huntington Beach files is a fully executed copy of the Amendment to Cooperative Agreement No. 3728-A2 (Document No.6110) between the State of California and City of Huntington Beach, for the above referenced project. We thank you for your cooperation in the processing of this Agreement. If you have any questions, please call me at (714) 724-2131. Enclosures sincerely, Alberto Angelin , Chief Project Management R E C E I V E D DEPT- 0FpUSUCW0RK--9 MAY 07 1992 HUNTINGTON BEACK CA kb.) IL 12-ORA-1 22.1/23.7 1220B 107191 Improvement of Pacific Coast Highway From Brookhurst St. to Beach Blvd. District Agmt. No. 3728 A-1 AMENDMENT -TO AGREEMENT THIS AMENDMENT TO AGREEMENT, ENTERED INTO ON Ma4,t 7, 9 19-a, is between the STATE OF CALIFORNIA, acting ana through its Department of Transportation, referred to herein as STATE, and CITY OF HUNTINGTON BEACH a a body politic and a municipal corporation of the State of California, referred to herein as CITY C:5 %--4 i I RECITALS 1. The parties hereto entered into an AGREEMENT (Document No. 6110) an JUNE 15, 1987, said AGREEMENT defining the terms and conditions of a cooperative project to prepare plans, specifications, and estimates (PS&E) for a project to widen Pacific Coast Highway (PCH) within the limits as shown from Brookhurst Street to Beach Bculevard in the City of Huntington Beach referred to herein as the PROJECT. 2. It has been determined that the PROJECT will not be constructed prior to thz termination date of said AGREEMENT. IT IS THEREFORE MUTUALLY AGREED 1. That Section 111, Article 10 of the original AGREEMENT is amended to read "that this AGREEMENT shall terminate upon completion and acceptance of PROJECT by STATE or on April 30, 1992, which ever is earlier in time; however,the ownership and maintenance clauses shall remain in effect until terminated, in writing, by mutual agreement". 2. The other terms and conditions of said AGREEMENT (Document No. 6110) shall remain in full force and effect. 3. This AMENDMENT TO AGREEMENT is hereby deemed to be a part of Document No. 6110. STATE OF CALIFORNIA City of HUNTINGTON BEACH Department of Transportation B yell L--, ROBERT K. BEST Mayor -r/7/90 Director of Transportation ATTEST: Walt-�i-. Hage"n,,01ef City CleK Deputy District -"Director Approved as to Form and Procedure APPROVED AS TO FORII: & , /,,�l /,q 2v,�J a,:t< IV Cit Worney Attorn ?Y I/ Y 618040 California Departmf.n of TransportatioD C) T-4 RESOLUTION NO - 6138 A �L40LUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE AMENDMENT TO THE AGREEMENT TO IMPROVE'PACIFIC COAST HIGHWAY WITH TAE STATE OF CALIFORNIA WHEREAS, the City of Huntington Beach desires to widen Pacific Coast Highway between Brookhurst Street and Beach Boulevard 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" incorporated herein by this reference; and Such agreement is authorized by the California-Streats-and Highway Code Section 114, NOW, THEREFORE, the City of Huntington Beach City Council authorizes the mayor and City Clerk to execute such amendment to the agreement and deliver all necessary documents in connection V-4 therewith for and on behalf of the City of Huntington Beach. PASSED AND ADOPTED by the City Council of the City of Euntington Beach at a regular meeting thereof held on the 7th day of May I 1990. ATT.EST: 1�� City Clerk F ��REVIEWED AND APPROVED: City Administrator. Mayor APPROVED AS TO FORM: V ,itity Atto ney,�,�A-Q-nb -o ney 74"4"— Y P*V XNI ATED D .0 D: Director o Pub ic Works 44 0�0 Rm�o. 6138 STATE OF CALIFORNIA COUNTY OF ORANGE i ss. CITY OF HUNTINGTON BEACH ) 1. 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 affi mative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the day of MAY 1990 by the following vote: AYES: Councilmembers: MacAllister. Winchpli, Green, Mays. nanninte-. SilyAl Erskina NOES: Councilmembers: None ABSENT: Councilmembers: olf rtt�7,7V.4� My Clerk and ex::officM Clerk of the City Council of the City of'Huntington Beach, California 'J &00. 1P REQUE6Y FOR CITY COUNCILACTION Date May 7, 1990 D BY C1T_X7C0UTC'L Sub.-nitled to: Honorable ?ktyor and City Council Submitted by: Michael T. Uberuaga, City Administra t 0 Nr Prepared by: Louis F. Sandoval, Director of Public Works TY -LEK Subject: Amendm6nt to Provide a Time Extension is needed to the Agreement between the State and the City for the Design of Improvements on Pacific Coast Highway from Brookhurst Street to Beach Boulevard Consistent with Council Policy? Yes New Policy or Exception PWL") Statement of Issue,'Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: 24' TATEVENT OF An amendment to the existing design agreement for Pacific Coast Highway Is required to provide for the extension of the termination date of the original agreement. RECQMMENDATIQN: Approve the Amendment and Resolution to extend -the termination date of the agreement for the design of improvements on Pacific Coast Highway from Brookhurst Street to Beach Boulevard. ANALYST : On June 15, 1987, an agreement between the State of California, Department of Transportation (Caltrans) and the City of Hunting .,ton Beach was entered into for the City to design improvements on Pacific Coast Highway between Brookhurst Street and Beach Boulevard. The termination date included in this agreement is April 30, 1990. The Improvement plans will not be completed by this date. Caltrans, therefore, In their February 13, 1990 letter and attached Amendment, propose extending the termination date to April 30, 1992. They also requested the Resolution be prepared and executed by the City Council. Caltrans, In 1987-88 was restricted from contracting with consultants. The City consequently, retained BSI Consultants, Inc. on August 1, 1988 to design the Improvements on the State highway. The City, Caltrans and BSI are working together to design these Improvements. NDING SOUR No new funding required. ALTERNATIVE ACTIQ Not Applicable ATTACHMENT 1. Caltrans, February 13, 1990 letter 2. Amendment to Agreement (4 copies) 3. Resolution 4. Location Map MTU:LFS:AAF:dw J US, !'] C S C L 7 a3AI3331i NO 91185 AUENNsNTS klk" on. CITY OF CIRCULATION PLAN OF ARTERIAL STREETS AND HIGHWAYS ADOPTED V C"'Y COUNa- nSOLUMU4 NQ4W-DEC-12.1976 LEGEND: FREEWAY STREET CAPACrTY MAJOR —45.000 PRIMARY- -30.000 SECOSOARY -2QOOO NOTE: VXJD LIKS PiCkATE 9xiSr#4 ftGO(T or way N07 NECESUALT WMATE PGHT Vf Way VASKE LWES VAXATJ AREAS WKAE NO AlcHrow . (WITS HUNTINGTON 13EACH V ORANGE COUNTY CALIFORMA PC H F zo m Rj,00, V-, V,4 u -To RESOLUTION,NO- 6138 A RESOLUTION OF THE CITY COUNCIL OF THE PiTY'OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND THEI CITY CLERK TO EXECUTETHEAMENDMENTITO THE AGREEMENT TO IMPROVE PACIFIC!COAST HIGHWAY WITH THE STATE OF CALIFORNIA WHEREAS, the City of Huntington Beach desires to,widen Pacific Coast Highway between Brookhurst Street and Beach Boulevard pursuant to the terms and conditions contained in that certain agreement between the State of California and the City of Huntington Beach to I cooperate in the improvement of such highway, a copy of which is attached hereto as Exhibit,!'A" incorporated'herein by this reference; and Such agreement is authorized by the California Streets and - Highway Code Section 114, NOW, THEREFORE, the City of Huntington Beach Cifty Council authorizes the Mayor and City Clerk to execute such amendment to the 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 7th day of May 1990. Mayor ATUST: APPROVED AS T FORM: rftor�� -' I / 7'J'- ,City Clerk ity Atto ney4�4�4-(.-'Ib ':o ney7 4"*'6- 1:7—�_ REVIEWED AND APPROVED: INI A7TED D 0 4D:/) _v timi i. _r)r City Administrator Director o Pub ic Works I E , Res. No. 6138 STATE OF CALIFORNIA COUNTY OF ORANGE i ss: CITY OF HUNTINGTON BEACH ) 1, 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 7TH day of MAY 1990 , by the following vote: IAYES: Councilmembers: NOES: Councilmembers: None ABSENT: Councilmembers: City ClerF—an-a —ex-officto LierE of the City Council of the City of Huntington Beach, California STATE dF CALIFORNIA—BUSINESS AND TRANSPOP-'-ION AGENCY GEORGE DEUKMEJIAN, Crorvrw DEPARTMENT OF TRANSPORT)MON DISTRICT 12 2501 PULLMAN STREET SANTA ANA. CA 92TOS FebrUary I-1. 199CP QP Louis F. Sandoval Re- 12-ORA-1 PM A2-2.1/23.7 Director of Public Works 1-421ZOB JU71:?l U t), Of HUntington Beach Froa, Brookhurst St. to 200 Main S-'ztreet Beact) elva. Huntington 2each, CA 941646 District Agmt.No."1728 A-1 bear Mr. Sandoval: Subject: Proposed Amendment to Agreement for Execution Enclosed are four (4) copies of a proposed Amendment to Agreement between the State of California (CALTRANS) and the City of Huntington Beach to provide for the extension of the termination date of the original Agreement for two (2) years from A:)ril 30. 1990 to April 3C), 1992 for the above referenced project. The Amendment is in conformance with the State Standard preapproved form for extending the termination date. Please have three (3) copies of the enclosed Amendment signed by the Appropriate City of Huntington Beach officials and retUrn them to us together with three (ZS) certified copies of a resolution adopted by the City Council of Huntington Beach apprcvinc the Amendment and authorizing its execution. After sionatUre by the Appropriate State officials, you will be furnished a fully executed copy of the Amendment for your files. Sincerely yours. 06trfrI17 ALBERTO ANGELI Project Management. AA/ry Enclosures. '7 HU.N"NO-Mm BrACH. C:ALIP-. STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY GEORGE DEUKmFJ1AN. Govorrw DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 FULLMAN STREET SANTA ANA, CA 92705 June 7, 1990 Louis F. Sandoval City of Huntington Director of Public 2000 Main Street Huntington Beach, Dear Mr. Sandoval: Beach Works CA 92648 12-ORA-1 22.1/23.7 Improvement of Pacific Coast Highway from Brookhurst Street to Beach Boulevard 12208 - 107191 District Agreement No. 3728 A-1 Subject: Executed Amendment to Agreement Transmitted herewith for the City's file is a copy of fully executed Amendment to Agreement between the State and City of Huntington Beach. The Amendment provides for the extension of the termination date to April 30, 1992. We thank you for your cooperation in the processing of this Amendment to Agreement and if you have any questions concerning this Agreement, please contact Tung Vo at (714) 724-2194. S incerely, &A*z 01� 4�L-- ALBERTO ANGELINf, Chief Project Management AA:vbh Enclosures RFCE IV ED pL11E3L.IC VvoRKS IMF-F,T. OF in 12 1990 MLerv4MMN prike". CLAWIr Wt AGRELMENI BETWEEN THE STATE OF CALIF03NIA AND THL CITY OF HUNTING10F BEACH TO COOPERATE IV THE IMPROVEMENT OF PACIFIC COAST HIGHWAY FROM BROONBURST STRYET It BEACH BOULEVARD 7-ORA-1 22.1/23.7 07210 - 107191 kgreenent No. 3728 c -,7 TnIS AGMMUOT, ENTERED :NTO ON _j � i's between the STATE OF CALIFORNIA, myting by and through itf. Peptrtment of Transportation, refkrred to herein as STATF, and CITY OF EUNTINGTON BEACH a municipal corporation of the State of California, referred to herein as CITY RWITALS 1. STATE and -CITY, pursuant to Streets and Highways Code Section 114, are -authorized to enter into a coope rative agreement for improvement to State Highways within the CITY. 2. STATE is r6parad to-outhoriz-0 CITY to assist in the design of i=provements to Statn�Highway Foute 1 in the City of Huntington Beachr Orange County, referred�'to herein as "PROJECTO. 3. CITY desires to prepare Planar SpecifiCationSl and Estimates (PSW for PROJECT in order to bring abcut the earliest possible constructin of PROJECTO 4. STATZ and CITY do mutually desire to cooperate in the design of PROJECT and desire to specify herein the terv-3 and conditions under which PROJECT is to be designed. SECTT014 I 1. To provide CITY with necessary regulations, policies, procedures, manuals, standard plans and specifications, and other standards required for the preparation of PUB for PROJECT. &a wmh� WWV�09100� VNEW 2. To provide examples of Requests for Qualifications and Requests for Proposals including the scope of work for CITY use in procuring consultant assistancel to advise CITY cn consultant procurement procedures, and to partcipate in consultant selection, if CITY elects to retain one or more consultants to carry out the terms of this Agreement. 3. To work with CITY to assure that required state and Federal procedures are followed. 4. To provide prompt reviews and approvals as appropriate of submittals by CITY, and to cooperate in timely processing of PS&E. 5. To deposit with CITY within forty five (45) days of execution of this Agreementp twenty-five percent (25%) of the estimated costs for any work on PROJECT by CITY forces and to reimburse CITY within forty five (45) days after receipt of billing, for all nonsalary expenses, and actual and direct labor costs plus fringe benefits and overhead. 6. To deposit with CITY within forty five (45) days of execution of any consultant contractf twenty-five. percent (25%) of the estimated cost of such contractv and to reimburse CITY within forty five (45) days after receipt of billing# any CITY payments made to con3ultant. -3- 7. If, during the course of work under this Agreement, the advance deposits provided for under Sections (5) and (6) above, are found to bee less than the amount which is- required to cover the estimated final cost of the worke STATE shall deposit additional funds to overcome the deficiency. if the deposit Is substantially greate.- than required, the excess shall be refunded by CITY as soon as practicable. , 8. To provide necessary encroachment permits, and all rights of entry and permits to enter related to PROJECT including but not limited to those required for design investigations and surveys. 9. To obtain, in cooperation with CITY, necessary permits and approvals for construction of PROJECT, at no cost to CITY. In the event thal.11- railroads are involved, STATE shall coordinate with railroad and California Public Utilities Commission to obtain required approvals. 10. To provide all right-of-way related information and services reguried for PROJECT including but not limited to coordination with and notice to utility companies to relocate. SECTION II CITY AGREES: 1. To prepare PS&B for said PROJECT with CITY and/or consultant fo--cec. The PS&E are to be prepared in accordance with -4- STATEIC laws, rules, regulations, policip.s, procedures, manuals, standard plans and specifications, and other standards lncluiinq compliance with Federal Bigbway M.-rdnistration (FEV.-A) requirements, as provided by STATE In accordance with Secticn I, Article I of thIE Agreement. Said PS&E are to be subject to ongoing review and formal draft and final review and approval by STATE and F.1410A. Tht�- CITY and/or its consultants shall not incorporate in the design any materials or equipment of single or sole nource origin witbout the written approval of the STATE. 2. To cbtain the STATE'z approval of any Requasts for Qualifications and RequestE for Freposels prior to distribution for any work to be performed by consultant; to obtain STATF's apprcval as to proposed selection processes fo-- any consultant of the actual consultant selected If any, and of any contract with a ccnsultant for this PPOJECT# before said contract is executed by CITY. 3. To furnish STATE prior to comm.ncinq work on the PROJECT, a proposed time schedule to ccmplete the PS&E for this PROJECT. 4. Tv furnish STATE with written ronthly progress reports during the period when the PS&F are being prepared. 5. To prepare MY in a format that allours for use of Local Agency Auto=atic Pay System, (LAAPS) ar, specified In Caltrans 1,ccal Programs manual, voluse ii. -5- 6. To bear the entire expense of any landscaping or continuous lighting if desire! by CITY that is within CITY's Juriediction, including preparing PSa, construction and maintenance. 7. To have the final design documents and drawings of architectural, structural, nechanical, electrical, civil, or other engineering features of the PROJECT prepared by or under the direction of architects or engineers registered and licensed with the State of California in the applicable professional field. My 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. B. To have available its consultant to Interpret the PS&E, and review and recommend approval cf change orders, required shop plans, falsework designs, and other working drawings during construction of the PROJECT. 9. To have available its consultant make all necessary corrections and furnish the corrected product to STATE, within a reasonable time, ifj during the course of construction, errors or omissions are discovered in any of the plans? specifications, or estimates which the CITY or its consultants have provided pursuant to this Agreement. -6- 10. To submit signed itemized invoices, in triplicate, with specific details of all costs incurred during the period of the Invoice. invoices shall conform with format and content requirements specified by STATE. Each Invoice shall be submitted to the State Project coordinator for approval and forwarding to the appropriate Accounting Office for payment. 11. To retain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred, including support date for cost proposalso atd make such materials available at the respective offices of the CITY and its subcontractors at all reasonable times during the contract period and for tbree years from the date of final payment under the contract. The STATE, FHWA, or any duly authorized representative of the Federal Government sball have access to any books, records and docunients of the CITY and its subcontractors that are pertinent to the contract for audits examinations, excerpts, and transactions, and copiez thereof shall be furnished if requested. SECTION III IT IS MUTUALLY AGREED THAT: 1. All obligations of STATE under the terms of this Agreement are contingent upon the appropriation of resources by the State Legislature. -7- 2. The total cost reimbursements payable by STATE to CITY under this agreement will not exceed $350,000, and will be subject to audit verification as to all elements of costs and fees charged. The maxinuin allowable above may be increased only by amendment to this Agreement. Any STATE funds remaining on deposit with CITY for work by CITY shall be returned to STATE within 30 days aftcr ccnipleticr. and acceptance cf PROJECT. Any STATE funds remaining on deposit witt. CITY for work by consultanit-s shall be retUrned te STATE within 30 days after termination of consultant contract. 3. ActUal cost reimbursed, direct an6 Indirect, shall be in confornance with proCedurest Chapter 1, part 31 CFR48. V.e City also agrees to comply with Federal Procedures in accordance with Office of N'anagement and Budqet Circular A-104", Uniform Ad-ninistrative Pequirements for Grant -in -Aid to State and lccal governments. 4. STATE shall designate a State Project coordinator and the CITY shall designate a representative through whowa all commiunica- tions between the two agencies shall be channeled. The State Project Coordinator shall review the work of the CITY and its ccnsultants, if any, during the perforn.ance of the PROJECT work. 5. STATE and CITY shall establish, prior to coTanencing u-crk on PROJECT, a proposed tire schedule to deliver the PS&E in a timely fashion to allow aiffvertising of a conttruction contract within the programomed fiscal year. -8- 6. Upon completion of all work under this Agreement, owernship and title to all enginee.-ing reports* documents, Plansp Specifications, and Estimates Including Resident Engineer and estimate backups producea as part of this PROJECT will aut-omatically Le vested in the STATE and no further agreement vill be necessary to transfer ownership to the STATE. CITY will furnish STATE all necessary copies of Planst Specifications, and Pstimates to cornplate review and approval process, and upon conpletion of PS&E will transfer all PROJECT documents to STATED 7. It Is understood and agreed that pursuant to Government Code 895.4, STATE shall to the extent permitted by law defend, indemnify and save harmlese the CITY, its officers, employees, from all claims, suits or actions of every name. kind and description brought for or on account of injuries to or deatb of any pernon or damage to property resulting from CITY's performance of this agreement, excluding any injuries, death, damage or liability resulting from the negligence or willful misconduCt of the CITY or Its employees. S. No alteration or variation of the terms of thin Agreenent shall be. valid unless nade in writing and signed by the parties hereto and no oral understanding or agreement .-Sot incorporated herein shall be binding on any of the parties hereto. 'V 9. STATE reserves the right to terninate this Agreement upon written notice to CITY, At the tire of terrinationg CITY will be paid for work accomplished and delivered in accordance with the terns of this Agreement, and for costs related to termination of any consultant contracts. All engineering documentsp including raw data and draft planse specifications, and estimates, prepared up to the time of termination shall become property of the STATE. 10. This Agreement shall tertrinate upon final acceptance of the PROJECT construction contract by STATE, or on April 30, 1990, whichever is earlier in tire, unless both parties agree to an extension of time. STATE OF CALIFORNIA Department of Transportation LEO J. TROMBATORE Director of Transportation By: DONALD L, WATSON District Director APPROVED AS TO FORM XND PROCEDURE: Att=ey Aportation Depai*.ent of Tra r-CER M N DS D I ID A S' TO FU� 1;kO6 -ct M 0111- Dis.tr-i Account cer . . . ................ . . C IT Y �OV-1 �'T.INGTON PEAC14 a Run cip ,K corporation �1,rJIFMMAM Mo WAM APPROV=Y,: �,(--City Attorney -10- CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 17, 1987 Department of Transportation District 7 P. 0. Box 2304 Los Angeles, CA 90051 Attn: S. L. Elicks, P.E. Chief, Project Development Branch 8 The City Council of the City of Huntington Beach at its regular meeting held June 15, 1987 approved the agreement between the State of California and the City of Huntington Beach to cooperate in the improvement of Pacific Coast Highway from Brookhurst Street to Beach Boulevard. Enclosed is the original executed agreement and two copies toge6er with three -certified copies of Resolution No. 5776. "S 2 2 *87 Alicia M. Wentwor Kh City Clerk AMW:CB:js Enclosure cc: Don Noble, Public Works i%ESOLUTION' NG. 5776 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING APPROVAL OF AN AGREEMENT -BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF HUNTINGTON BEACH TO COOPERATE IN THE IMPROVEMENT OF PACIFIC COAST HIGHWAY FROM BROOKHURST STREET TO BEACH BOULEVARD WHEREAS, the City of Huntington Beach is desirous of the improvement of Pacific Coast Highway from Brookhurst Street to Beach -Boulevard; and The State of Californiat pursuant to Streets and Highways Code Section 114, is authorized to enter into a cooperative agreement for improvement to state highways within the city; and The state is prepared to authorize the city to assist in the design improvements to State Highway Route 1; and The city desires to prepare plans, specifications, and estimates for this project, NOW,, THEREFORE,, BE IT RESOLVED by the City Council of the City of Huntington Beach that it. -is -in the best interests of the city to enter into the agreement attached as Exhibit I to this resolu- tion, that such agreement is approvedr and that the Mayor is authorized to execute it on behalf of the city. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of June, 1987. ATTEST: APPROVEW As TO FO City Clerk 1111_� ty Attornef- REV EW AND APPROVED: INZZT�IA.TED AND APPROVED: Citv ty AdmiTHi-tt!'ratoroK Director of Public Works Res. 57/76 STATE OF CALIFORN1h COUNTY OF ORANGE cn*y OF RMINGTON BEACH 1, ALICIA M. WENTWORTR, the duly elected, qualified City Clirk of the City of Huntington Beach, and ex-officio Clark of the City Council of said City, do hereby certify that the whole number of er9L 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 more than a majority of all the members of said City Council at & regular meeting thereof held on the day of June 19 87 2 by the following vote: AYES: Councilmen: Winchell, Kel1j, Erskine, Green NOES: Councilmen: None ABSENT Councilmen: Finley, Bannister, (Mays, out of room) City. Clerk and ex-offieio Clerk of the City Council of the City of Huntington Beach, California The foregoing instrument is a correct copy of the original on file in this officp— Attest (0 -1-7 - ALICIA M. WENTWORTH City CleA v,d Ex-officio Clerk of the City Council of tLhe City of Huntington Beach, California, By Deputy RESOLUTION NO. 5776 n A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING APPROVAL OF AN AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF HUNTINGTON BEACH TO COOPERATE IN THE IMPROVEMENT OF PACIFIC COAST HIGHWAY FROM BROOKHURST STREET TO BEACH BOULEVARD WHEREAS, the City of Huntington Beach is desirous of the improvement of Pacific coast Highway from Brookhurst Street to Beach Boulevard; and The State of California, pursuant to Streets and Highways Code Section 114, is authorized to enter into a cooperative. agreement for improvement to state highways within the city; and The state is prepared to authorize the city to assist in the design improvements to State Highway Route 1; and The city desires to prepare plans, specificationsp and estimates for this projecto NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that it is in the best interests of the city to enter into the agreement attached as Exhibit 1 to this resolu- tion, that such agreement is approved, and that the Mayor is authorized to execute it on behalf of the city. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of June, 1987. ATTEST: APPROVE S ,kl A TO FO 1 �60.; OCZ. J�e 1 /7*— City Clerk �L/ ity Attor n eT '7 7 REVIEW- AND APPROVED: IITIATED AND APPROVED: A d m ini-t eir a t o r Director of Public Works ;.:4- city 2226L To Id') prl 'No. 5776 STATE OF CALIFORNIA COUNTY OF OF-114CE CITY OF EMINGTON BEACH 1, ALICIA M. WENTWORTH, the duly elected, qualified City Clirk 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 more than a majority of all the members of said City C'Ouncil at a regular , meeting thereof held on the 15th day of June 19 97 . by the following vote: AYES: Councilmen: Winchell, KelIX, Erskine, Green NOES: Councilmen: I None ABSENT: Councilmen: Finley, Bannister, (Mays, out of room) i �' j/. A01 - -�2� � � City Clerk and ex-offieio Clerk of the City Council of the City of Huntington Beach, California