HomeMy WebLinkAboutDEPARTMENT OF TRANSPORTATION (CALTRANS) - 1995-03-06L)
A
0 1 433 2 5 1-3
12-ORA-405 16.98
Widen McFadden Avenue Overcrossing
at Interstate 405 in Huntington Beach
12208- 00310k
District Agreement No. 12-234 A -I
AMENDMENT TQ AGREEMENT
This AMENDMENT TO AGREEMENT entered into 1999, is
between the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred 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
2-234 A
District Agreement No. I
RECITALS
(1) The parties hereto entered into an Agreement (District Agreement No. 12-234,
Document No. 13296) on January 23, 1996, said Agreement defining the terms and
conditions of a cooperative project to widen overcrossing and ramp improvements on
Route 405 at McFadden Avenue, referred to herein as "PROJECT".
(2) It has been determined that design of PROJECT will not be completed prior to the
termination date of said Agreement.
SEMON I
IT IS THEREFORE MUTUALLY AGREED:
(1) The termination date specified in Section 111, Article 16 of the original Agreement shall
now be December 31, 2002, instead of September 1, 1999.
(2) The other terms and conditions of said Agreement No. 12-234 (Document No. 13296)
shall remain in full force and effect.
(3) This Amendment to Agreement is hereby deemed to be part of Document No. 13296.
2
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District Agreement No. 12-23.4 A-"l'-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their duly
authorized officers.
STATE OF CALIFORNIA
Department of Transportation
JOSE MEDINA
Director of Transportation
B
en Nelson
District Division Chief
Design
APPROVED AS TO FORM AND PROCEDURE
NMQP , 0 flp
Atto
! 15� X
Dep n*nt of Transpo In
CERTIFIED AS TO FUNDS
District Budget Manager
CERTIFIED AS TO FORM AND PROCEDURE
C-5 L-- --le, - --��I-sl-qf
Accdunting Admini�trator
01329"a"
CITY OF HUNTINGTON BEACH
By:
Rlayor
Attest:
Cj�t�
y Clerk
APPROVED AS TO FORM
Uit� Attorney
1J,
3
IN
STATEMENT OF ACTION OF THE CITY COUNCIL
CITY OF HUNTINGTON BEACH
*********-1ndicatesPortions Of TheilleetinglVolIncludedlis TheSlafenseirlOfAction
Council Chamber, Civic Center
Huntington Beach, California
Monday, August 2, 1999
An audio tape recording of the 5 -.00 p.m. portion
of this meeting and a video tape recording of the 7.00 p.m. portion
of this meeting are on file in the Office of the City Clerk.
Mayor Green called the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8.
CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL
PRESENT: Julien, Harman, Green, Garofalo, Dettloff, Bauer, Sullivan
ABSENT: None
City Council) Approved Amendment to Cooperative Agreement No. 12-234 A-1
Between the City of Huntington Beach and the State of California for the Widenin
of the McFadden Avenue Overcrossing of Interstate 405 (600.20) — A motion was
made by Sullivan, seconded by Garofalo, to approve the Amendment to the Cooperative
Agreement between the City of Huntington Beach and the State of California for the
Widening of the McFadden Avenue Overcrossing of Interstate 405 and to authorize the
Mayor and City Clerk to execute the Amendment. The motion was approved by the
following roll call vote:
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSENT. None
Page 2 —Statement of Action —City Council/Redevelopment Agency Minutes —
August 2, 1999
Mayor Green adjourned the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach to Monday, Monday, August 9, 1999 at
4:30 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
ATTEST:
/s/ Connie Brockway
City Clerk/Clerk
STATE OF CALIFORNIA
County of Orange ss:
City of Huntington Beach
/st Connie Brockway
City Clerk and ex-officio Clerk of
the City Council of the City of
Huntington Beach, California
/sl Peter Green
Mayor
1. Connie Brockway, the duty elected 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 8th day of
July, 1999.
Witness my hand and seal of the said City of Huntington Beach this the 8th day of
July. 1999.
/s/ Connie Brockwiy'
City Clerk and ex-officio Clerk of
the City Councl-I bf the City of
Huntington B—pach,.California
B y
Deputy-l�� Clerk
�.O;
F -1 j fe
,ze
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY eLEFIK
CONNIE BROCKWAY
CITY CLERK
CALWORWA, 92648
LETTER 0 F TRA NS N-1 ITTA L 0 F ITE N1 AP P RO %T D B Y THE CITY COUNCI U
REDEVELOPiNIENT AGENCY OF THE CITY OF TR NiTrNIGTON BEACH
TO: De -
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ATTENTION: 5/
Kame If ,0,
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Street
z/2 Ez REGARJDIING:
City. State. Zip
See Attached Action Agenda Item Date of Approval
Remarks:
—4a&z&
Connie Brockway
City Clerk
Attachments: Action'Agenda Page Agreemcnt v' Bonds Insurance
RCA Deed Other V
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CC:
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Depazinen' RCA
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Name
De xamcnt RCA
Name
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Name
Dcp=merl
Risk Management DCPL
RCA
AVeement
Insurance
Other
Agrerm"t
Insurance
Oter
Agmement
Insurance
Other
Tn—su;ance
Other
Insurance
Glollowupfcowrltr
Received by Name - Company Name - Date
Mlephone: 714-S36-5227)
STATEMENT OF ACTION OF THE CITY COUNCIL
CITY OF HUNTINGTON BEACH
*********-1ndicatesPortfons Of TheMeeting Not Inchidedlis TheStatentent OfAction
Council Chamber. Civic Center
Huntington Beach, California
Monday, August 2, 1999
An audio tape recording of the 5:00 p.m. portion
of this meeting and a video tape recording of the 7.00 p.m. portion
of this meeting are on file in the Office of die City Clerk.
Mayor Green called the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8.
CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL
PRESENT., Julien, Harman. Green, Garofalo, Dettloff, Bauer. Sullivan
ABSENT: None
City Council) Approved Amendment to Cooperative Agreement No. 12-234 A-1
f!etween the City of Huntington Beach and the State of California for the Wide�ln
of the McFadden Avenue Overcrossing of Interstate 405 (600.20) — A motion was
made by Sullivan, seconded by Garofalo, to approve the Amendment to the Cooperative
Agreement between the City of Huntington Beach and the State of California for the
Widening of the McFadden Avenue Overcrossing of Interstate 405 and to authorize the
Mayor and City Clerk to execute the Amendment. The motion was approved by the
following roll call vote:
AYES:
Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan
NOES:
None
ABSENT:
None
I MA
t".O;
Page 2 —Statement of Action —City Council/Redevelopment Agency Minutes —
August 2, 1999
Mayor Green adjourned the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach to Monday, Monday, August 9, 1999 at
4:30 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
ATTEST:
/st Connie Brockway
City Clerk/Clerk
STATE OF CALIFORNIA
County of Orange ss:
City of Huntington Beach
/s/ Connie Brockway
City Clerk and ex-officio Clerk of
the City Council of the City of
Huntington Beach, California
/s/ Peter Green
Mayor
1, Connie Brockway, the duty elected 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 8th day of
July, 1999.
Witness my hand and seal of the said City of Huntington Beach this the 8th day of
July, 1999.
Isl Connie Brockway
City Clerk and ex-officio Clerk of
the City Council of' the City of
Huntington Beach, California
By . Z//� 12��
Deputy City Clerk
12-ORAA05 16.98
Widen 1-4cFadden Avenue Overcrossing
at Interstate 405 in Huntington Reach
12208- 00310k
District Agreement No. 12-234 A-1
AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT entered into on 11, 1999, is
between the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to hereinas STATE, and
CITY OF HUNTINGTON BEACH
a body politic and a municipal corporation
of the State of California, referred to herein as
CITY
i
DistnYAgreement No. 12-234 A-1
WECITAU
(1) The parties hereto entered into an Agreement (District Agreement No. 12-234,
Document No. 13296) on January 23, 1996, said Agreement defining the terms and
conditions of a cooperative project to widen overcrossing and ramp improvements on
Route 405 at McFadden Avenue, referred to herein as "PROJECT".
(2) It has been determined that design of PROJECT will not be completed prior to. the
termination date of said Agreement.
51-::CTFON I
IT IS THEREFORE MUIUALLY AGREED:
(1) The termination date specified in Section III, Article 16 of the original Agreement shall
now be December 31, 2002, instead of September 1, 1999.
(2) The other terms and conditions of said Agreement No. 12-234 (Document No. 13296)
shall remain in full force and effect.
(3) This Amendment to Agreement is hereby deemed to be part of Document No. 13296.
2
IN
DistnYcA'greement No. 12-234 A-1
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their duly
authorized officers.
STATE OF CALIFORNIA
Department of Transportation
JOSE MEDINA
Director of Transportation
By
Ken Nelson
District Division Chief
Design
APPROVED AS TO FORM AND PROCEDURE
Attorney
Department of Transportation
CERTIFIED AS TO FUNDS
District Budget Manager
CERTIFIED AS TO FORM AND PROCEDURE
Accounting Administrator
CITY OF HUNTINGTON BEACH
� 1.1��
By: Q<W
Mayor
Attest:
City Clerk
APPROVED AS TO FORM
=Acz� � —
City'Attorney
'0,
I -
IV
3
'CfTY OF HUNTINGTON BEACY
MEETING DATE: August 2,1999
DEPARTMENT ID NUMBER: PW-99-077
Council/Agency Meeting Hold: F-Z-
Deferred/Continued to:
IS Approved U Conditionally Approved 0 Denied
if
JQe�m. City Clerki Signature
Council Meeting Date: August 2, 1999
Department ID Number PW-99-077
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL
MEMBERSIREDEVELOPM ENT AGENCY
SUBMITTED BY: E ity Administrator
S7 . S
PREPARED BY* 3BV K;kR LEY, Director of Public Works
DAVID C. BIGGS, Economic Development Director qi
SUBJECT: Approve Amendment Cooperative Agreement No. 12-234 A-1 for the
Widening of the McFadden Avenue Overcrossing of Interstate 405
I
[statement of Issue, Funding Source, Recommended Action, Alternative AcUon(s), Analysis, Environmental Status, Attachmerd(s) I
Statement of Issue: The attached amendment to Agreement No. 12-234 A-1 between the
City of Huntington Beach and the State of California extends the OTiginal Cooperative
Agreement's (No. 12-234) termination date from September 1, 1999 to December 31, 2002.
The widening of the McFadden Bridge over the 1-405 is in keeping with the circulation
elements of the Cities of Huntington Beach, Westminster and the County Master Plan of
Arterial Highways. This project, the Edinger Corridor and the Beach Boulevard Smart Street
projects are important circulation improvements to the Huntington Center Redevelopment
Project area.
Funding Source: Not applicable.
Recommended Action: Motion to:
1 Approve the Amendment to the Cooperative Agreement (Attachment 1) for the
Widening of the McFadden Avenue Overcrossing of Interstate 405, and authorize
the Mayor and City Clerk to execute the Amendment.
Amendment to Agreement re 4051 -2. 07123199 10:24 AM
RLQUEST FOR COUNCIL ACTIuN
MEETING DATE: August 2,1999 DEPARTMENT ID NUMBER: PW-99-077
Alternative Action(s): Do not approve the Amendment and direct staff to take another
action. Not approving the subject Agreement would jeopardize future design and
construction for the subject project.
Analysis: At its regular meeting of April 4, 1994, City Council authorized Robert Bein,
William Frost & Associates, Professional Engineers, Planners, and Surveyors of Irvine, to
prepare a Project Study Report (PSR) for the future widening of the McFadden Avenue
Bridge over Interstate 405. The PSR has been prepared and submitted to the State of
California for their review and approval.
The State requires that a cooperative agreement be executed by both parties, prior to
approval of the document. The attached Cooperative Agreement (12-234) defines
responsibilities pertaining to the preparation of the document. The Agreement extends the
termination date to December 31, 2002. This would allow the City to request proposals from
qualified consultants to prepare construction documents.
The Cooperative Agreement was signed by the State on January 23, 1996. If not amended,
it will terminate on September 1, 1999 with the design phase of the subject project not
completed.
The construction of the project would provide both improved vehicular traffic flow and public
safety in the area. The project will also complete circulation improvements, as required by
the City and County Transportation Master Plans.
Public Works Commission Review: Not required, per Municipal Code Chapter 2.111.
Environmental Status: Not applicable.
Attachment(s):
1 . Amendment to Agreement No. 12-234 A-1 (4)
2. Cooperative Agreement No. 12-234
3. Proiect Location Mar)
RCA Author: L.Taite:jm 35521
Amendment to Agreement re 405/ -3- 07/21/99 4:26 PM
ATTACHMENT #1
ATTACHMENT #2
12-ORA-4A PM 16.98
Widen McFadden Avenue
Overcrossing at Interstate 405
In Huntington Beach
12222 - 00310K
District Agreement No. 12-234
gOOPERATIVE AGREEMENT
This AGREEMENT, entered into on 1996, is
between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as STATE, and
CITY OF H=INGTON BEACH
a body politic and a Municipal
Corporation of the State of
California, referred to
hereinafter as CITY. 4
District Agreement No. 12-234
RECITALS -
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 CITY.
2. CITY desires State highway improvements consisting of
widening the McFadden Avenue Overcrossing on Route 405,
referred to herein as "PROJECT", and is willing to fund one
hundred percent (100t) of all capital outlay and staffing
costs, except for costs of STATE'S oversight of
environmental and design activities.
3. This Agreement supersedes any prior Memorandum of
Understanding (MOU) relating to PROJECT.
4. Construction of said PROJECT will be the subject of a
separate future Agreement.
5. The parties hereto intend to define herein the terms and
conditions under which PROJECT is to be developed, designed,
and financed.
2
District Agreement No. 12-234
SECTION I
CITY AGREES:
1. To fund one hundred percent (100t) of all preliminary and
design engineering costs, including, but not limited to,
costs for preparation of contract documents and advertising
and awarding the PROJECT construction contract.
2. To have a combined Project Study and Project Report
(PSR/PR), Environmental Document (ED), and detailed Plans,
Specifications and Estimate (PS&E) prepared at no cost to
STATE and to submit each to STATE for review and approval at
appropriate stages of development. PSR/PR, final plans and
standard special provisions shall be signed by a Civil
Engineer registered in the State of California.
3. To permit STATE to monitor and participate in the selection
of personnel who will prepare the PSR/PR, conduct
environmental studies and obtain the environmental
clearance, prepare the PS&E, provide the right of way
engineering services, and perform right of way activities.
CITY agrees to consider any request by STATE to discontinue
the services of any personnel considered by STATE to be
unqualified on the basis of credentials, professional
expertise, failure to perforn in accordance with scope of
work and/or other pertinent criteria.
3
District Agreement No. 12-234
4. Personnel who prepare the PS&E and right of way maps shall
be available to STATE, at no cost to SATE, through
completion of construction of PROJECT to discuss problems
which may arise during construction and/or to make design
revisions for contract change orders.
5. Not to use funds from any Federal -aid program for design or
acquisition of rights of way for PROJECT.
6. 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 PSR/PR, ED and/or PS&E.
7. To identify and locate all utility facilities within the
PROJECT area as part of its PROJECT design responsibility.
All utility facilities not relocated or removed in advance
of construction shall be identified on the PROJECT plans and
specifications, at PS&E stage.
8. To identify and locate all high and low risk underground
facilities within the PROJECT area and to protect or
otherwise provide for such facilities, all in accordance
with STATE's "Manual on High and Low Risk Underground
Facilities Within Highway Rights of Way". at PS&E stage.
4
District Agreement No. 12-234
CITY hereby acknowledges receipt of STATE's "Manual on -High
and Low Risk Underground Facilities Wit�in Highway Rights of
Ka=.
9. If any existing public and/or private utility facilities
conflict with PROJECT construction or violate STATE's
encroachment policy, CITY shall make all necessary
arrangements with the owners of such facilities for their
protection, relocation or removal in accordance with STATE
policy and procedure for those facilities located within the
limits of work providing for the improvement to the State
highway and in accordance with CITY policy for those
facilities located outside of the limits of work for the
State highway. Total costs of such protection, relocation
or removal shall be in accordance with STATE policy and
procedure.
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 facilities within
STATE's right of way and that such work will be completed
prior to the award of the contract to construct PROJECT or
as covered in the Special Provisions for said contract.
This evidence shall include a reference to all required
State highway encroachment permits.
5
District Agreement No. 22-234
11. CITY shall require the utility owner and/or its contractors
performing the relocation work within �TATE's right of way
to obtain a STATE encroachment permit prior to the
performance of said relocation work.
12. To utilize the services of a qualified public agency in all
right of way acquisition related matters in accordance with
STATE procedures as contained in Right of Way Procedural
Handbooks. Whenever personnel other than personnel of a
qualified public agency are utilized, administration of the
personnel contract shall be performed by a qualified Right
of Way person employed or retained by CITY with oversight
provided by STATE.
13. To certify legal and physical control of right of way ready
for construction and that all right of way was 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 PROJECT.
14. To deliver to STATE legal title to the right of way,
including access rights, free and clear of all encumbrances
detrimental to STATE's present and future uses not later
E.,
District Agreement No, 12-234
than the date of acceptance by STATE of maintenance and.
operation of the highway facility. Acieptance of said title
by STATE is subject to a review of a Policy of Title
Insurance in STATE's name to be provided and paid for by
CITY.
15. To be responsible, at CITY expense, for the investigation
and remediation of potential hazardous waste sites outside
of the existing State highway right of way that would impact
PROJECT.
16. If CITY desires to have STATE advertise, award and
administer the construction contract for PROJECT, CITY shall
provide all plans prepared by CITY or CITY'S consultant on
either 4 or 8 millimeter magnetic tape using Micro Station
Release 5.0.dgn files in UNIX TAR or CPIO format. One copy
of the data on the magnetic tape, including the Engineer's
electronic signature and seal, shall be provided to STATE
upon completion of the final PS&E for PROJECT. STATE
reserves the right to modify its magnetic tape requirements
and STATE shall provide CITY advance written notice of any
such modifications.
7
District Agreement No. 12-234
SECTION II
STATE -AGREES:
0
1. To provide, at no cost to CITY, oversight of PROJECT and to
provide prompt reviews and approvals, as appropriate, of
submittals by CITY, and to cooperate in timely processing of
PROJECT.
2. To provide, at no cost to CITY, oversight of all right of
way activities undertaken by CITY, or its designee, pursuant
to this Agreement.
3. To issue, at no cost to CITY, upon proper application by
CITY, an encroachment permit to CITY authorizing entry onto
STATE's right of way to perform survey and other
investigative activities required for preparation of the
PSR/PR, ED and/or PS&E. If CITY uses consultants rather
than its own staff to perform required work, the consultants
will also be required to obtain an encroachment permit. The
permit will be issued at no cost upon proper application by
the consultants.
8
k.)
District Agreement No. 12-234
4. To be responsible, at STATE expense, for the investigation
and remediation of potential hazardous �aste within the
existing State highway right of way that would impact
PROJECT, if it determined that the source of contamination
is within the existing State highway right of way and that
the contamination presents a threat to public health or the
environment regardless of being disturbed or not. CITY
intends to perform the investigation and any necessary
remediation for STATE and STATE will reimburse CITY for
actual costs incurred by CITY in satisfactory performance of
such work. CITY shall comply with appropriate regulatory
agencies requirements and obtain STATE's approval prior to
performance of any remediation work within existing state
highway right of way.
W;
District Agreement No. 12-234
SECTION III
IT IS MUTUALLY AGREED:
a
1. All obligations of STATE under the terms of this Agreement
are subject to the appropriation of resources by the
Legislature and the allocation of resources by the
California Transportation Commission.
2. The parties hereto will carry out PROJECT in accordance with
the Scope of Work, attached and made a part of this
Agreement, which outlines the specific responsibilities of
the parties hereto. The attached Scope of Work may in the
future be modified in writing to reflect changes in the
responsibilities of the respective parties. Such
modifications shall be concurred with by CITY'S Director of
Public Works or other official designated by CITY and
STATE's District Director for District 12 and become a part
of this Agreement after execution by the respective
officials of the parties.
3. The basic design features shall comply with those addressed
in the approved PSR/PR, unless modified as required for
environmental clearance and/or FHWA approval of PROJECT.
10
District Agreement go. 12-234
4. The design, right of way acquisition, and preparation of
environmental documents for PROJECT sh;11 be performed in
accordance with STATE standards and practices current as of
the date of execution of this Agreement. Any exceptions to
applicable design standards shall be approved by STATE via
the processes outlined in STATE's Highway Design Manual and
appropriate memorandums and design bulletins published by
STATE. In the event that STATE proposes and/or requires a
change in design standards, implementation of new or revised
design standards shall be done in accordance with STATE'S
memorandum "Effective Date for Implementing Revisions to
Design Standards", dated February 8, 1991. STATE shall
consult with CITY in a timely manner regarding the effect of
proposed and/or required changes on PROJECT.
5. CITY'S share of all changes in development and construction
costs associated with modifications to the basic design
features as described above shall be in the same proportion
as described in this Agreement, unless mutually agreed by
STATE and CITY in a subsequent amendment to this Agreement.
6. If a finding is made that Federal and State regulations do
not require mitigation of contaminated material in its
present condition within the existing State highway right of
way, CITY shall be responsible, at CITY expense, for any
11
District Agreement No. 12-234
remedial action required as a result of proceeding with -
i
PROJECT. Locations subject to cleanup include utility
relocation work required for PROJECT.
7. If Federal and State regulations indicate contaminated
material within the existing State highway right of way
presents a threat to public health or the environment,
regardless of whether it is disturbed or not, STATE shall be
responsible for the cleanup, at STATE expense. If STATE's
cost to mitigate is increased due to PROJECT, the additional
cost shall be borne by CITY.
8. The party responsible for funding the cleanup shall be
responsible for the development of the necessary mitigation
and remedial plans and designs. Remedial actions proposed
by CITY shall be approved by STATE and shall be performed in
accordance with standards and practices of STATE and other
Federal and State regulatory agencies.
9. The current scope of this project does not require the
acquisition of new right of way. If the scope changes,
requiring the acquisition of new right of way, an amendment
to this Cooperative Agreement will be required.
10. CITY shall provide a right of way certification prior to the
granting of said encroachment permit by STATE, to certify
that legal and physical control of rights of way were
12
District Agreement No. 12-234
acquired in accordance with applicable State and Federal
laws and regulation.
11. A separate Cooperative Agreement will be required to cover
responsibilities and funding for the PROJECT construction
phase.
12. Nothing in the provisions of this Agreement is intended to
create duties or obligations to or rights in third parties
not parties to this Agreement or affect the legal liability
of either party to the Agreement by imposing any standard of
care with respect to the maintenance of State highways
different from the standard of care imposed by law.
13. Neither STATE nor any officer or employee thereof is
responsible for any damage or liability occurring by reason
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 understood
and agreed that, pursuant to Government Code Section 895.4,
CITY shall fully 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 account of injury (as defined in
Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction
13
District Agreement No. 12-234
delegated to CITY under this Agreement.
0
14. Neither CITY nor any officer or employee thereof is
responsible for any damage or liability occurring by reason
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 fully defend, indemnify and save harmless CITY
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 reason 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.
IS. This Agreement may be terminated or provisions contained
herein may be altered, changed, or amended by mutual consent
of the parties hereto.
14
District Agreement No. 12-234
16. Except as otherwise provided in Article (15) above, this
Agreement shall terminate upon completion and acceptance of
the construction contract for PROJECT or on September 1,
1999, whichever is earlier in time.
STATE OF CALIFORNIA CITY OF HUNTINGTON BV�ACH
Department of Transportation
JAMES W. van LOBEN SELS BY�_
Director of Transportation Mayor 0"0" -
'00"
B oil
4-7--,--"� Attest
WALT H. HAGEN V /7/ City Clerk
District Division Chief 11fX
Design
Approved as to Form and Procedure Approved as to Form and Legality
\ Nn r
'.-Vj 2 A L2 1?1 f/r/71-
Attornem Foi-City AttorneyP:W
Department of TranAtation
Certified as to Form and Procedure Reviewed and Approved
—City Administrator
Acc unt ng Administrator
Certified as to Funds
4"'DiLstLr�ict �udg`etMa`nage`r��
SInate jApproved
Directokz!-�T ublic works
15
District Agreement No. 12-234
a
SCOPE OF WORK
This Scope of Work outlines the specific areas of responsibility for
various project development activities for the proposed widening of
McFadden Avenue Overcrossing at Route 405.
1. CITY will he the Lead Agency and STATE will be a Responsible
Agency for CEQA. CITY will prepare the Environmental Document
(ED) to meet the requirements of CEQA (and NEPA if required).
The draft and final ED will require STATE review and approval
prior to public circulation. CITY will provide all data for and
prepare drafts of the Project Report (PR) and the Project
Approval Report (PAR). STATE will review and process the reports
and request approval of the PROJECT and ED by the Federal Highway
Administration (FHWA). CITY will be responsible for the public
hearing process.
2. CITY will provide the necessary environmental clearance for this
project. CITY will perform all studies to document the
Categorical Exemption/Categorical Exclusion (CE/CE)
determination. STATE will sign the CE/CE determination sheet.
If, during preliminary engineering or preparation of the PS&E,
new information is obtained which requires the preparation,of an
16
District Agreement No. 12-234
environmental clearance document, this Agreement will be amended
to include completion of these additio�al tasks by CITY.
3. CITY will submit drafts of environmental technical reports and -
individual sections of the draft environmental documents to
STATE, as they are developed for review and comment. Traffic
counts and projections to be used in the various reports shall be
supplied by STATE if available, or by CITY. Existing traffic
data shall be furnished by CITY.
4. STATE will review, monitor, and approve all project development
reports, studies, and plans, and provide all necessary
implementation activities up to but not including advertising of
PROJECT.
5. The existing freeway agreement need not be revised.
6. All phases of PROJECT, from inception through construction,
whether done by CITY or STATE, will be developed in accordance
with all policies, procedures, practices, and standards that
STATE would normally follow.
7. Detailed steps in the project development process are attached to
this Scope of Work. These attachments are intended as a guide to
STATE and CITY staff.
17
District Agreement No. 12-234
a
ATTACHMM;T I
PLANNING PHASE ACTIVITIES
RESPONSIBILITY
PROJECT ACTIVITY STATE CITY
1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION
Establish Project Development Team (PDT)
X X
Approve PDT
X
Project Category Determination
X
Prepare Preliminary Environmental Assessment
X
Identify Preliminary Alternatives and Costs
X
Prepare and Submit Environmental Studies
and Reports
X
Review and Approve Environmental Studies
and Reports
X X
Prepare and Submit Draft Environmental
Document (DED)
X
Review DED in District
X
2. PROJECT GEOMETRICS DEVELOPMENT
Prepare Existing Traffic Analysis
X
Prepare Future Traffic Volumes for Alternatives
X
Prepare Project Geometrics and Profiles
X
Prepare Layouts and Estimates for Alternatives
X
18
District Agreement No. 12-234
Prepare Operational Analysis for Alternatives x
Review and Approve Project Geometrics and
Operational Analysis x
RESPONSIBILITY
PROJECT ACTIVITY STATE CITY
3. PROJECT APPROVAL
Lead Agency for Environment Clearance Certifies
ED in Accordance with its Procedures
under CEQA x
Prepare Draft Project Report (DPR) x
Finalize and Submit Project Report with Certified
ED for Approval x
Approve Project Report x
19
District Agreement No. 12-234
.1
ATTACEMENT 2
DESIGN PHASE ACTIVITIES
PROJECT ACTIVITY
1. PRELIMINARY COORDINATION
Request 1 - Phase EA
Field Review of Site
Provide Geometrics
Approve Geometrics
Obtain Surveys & Aerial Mapping
Obtain Copies of Assessor Maps and Other R/W Maps
Obtain Copies of As-Builts
Send Approved Geometrics to Local Agencies
for Review
Revise Approved Geometrics if Required
Approve Final Geometrics
Determine Need for Permits from Other Agencies
Request Permits
Initial Hydraulics Discussion with District Staff
Initial Electrical Design Discussion with
District Staff
20
RESPONSIBILITY
STATE CITY
x
x
K4
ill
oi4
District Agreement No. 12-234
initial Traffic & Signing Discussion with District Staff x
Initial Landscape Design Discussion wiL District Staff x
Plan Sheet Format Discussion x x
PROJECT ACTIVITY
RESPONSIBILITY
STATE CITY
2. ENGINEERING STUDIES AND REPORTS
Prepare & submit Materials Report & Typical
Section x
Review and Approve Materials Report & Typical
Section x
Prepare & Submit Landscaping Recommendation x
Review & Approve Landscaping Recommendation x
Prepare & Submit Hydraulic Design Studies x
Review & Approve Hydraulic Design Studies x
Prepare & Submit Bridge General Plan
& Structure Type Selection x
Review & Approve Bridge General Plan
& Structure Type Selection x
3. R/W ACQUISITION & UTILITIES
Request Utility Verification x
Request Preliminary Utility Relocation Plans
from Utilities x
Prepare R/W Requirements x
Prepare R/W and Utility Relocation Cost Estimates x
21
�.j
District Agreement No. 12-234
Submit R/W Requirements & Utility Relocation
Plans for Review X
Review and Comment on R/W Requirements X
Longitudinal Encroachment Review X
PROJECT ACTIVITY
RESPONSIBILITY
STATE CITY
Longitudinal Encroachment Application
to District
Approve Longitudinal Encroachment Application
Request Final Utility Relocation Plans
Check Utility Relocation Plans
Subnit Utility Relocation Plans for Approval
Approve Utility Relocation Plans
Submit Final R/W Requirements for Review & Approval
Fence and Excess Land Review
R/W Layout Review
Approve R/W Requirements
Obtain Title Reports
Complete Appraisals
Review and Approve Appraisals for Setting Just
Compensation
Prepare Acquisition Documents
Acquire R/W
Open escrows and Make Payments
22
V.4
X
X
X
X
X
X
X
X
X
iN
X
X
X
X
District Agreement No. 12-234
Obtain Resolution of Necessity x
Perform Eminent Domain Proceeding; x
Provide Displacee Relocation Services x
Prepare Relocation Payment Valuations x
Provide Displacee Relocation Payments x
PROJECT ACTIVITY
Perform Property Management Activities
Perform R/W Clearance Activities
Prepare and Submit Certification of RIW
Review and Approve Certification of R/W
Transfer R/W to STATE - Approve & Record Title
Transfer Documents
Prepare R/V1 Record Maps
4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES
Prepare and Submit Preliminary Stage Construction
Plans
Review Preliminary Stage Construction Plans
Calculate and Plot Geometrics
Cross -Sections & Earthwork Quantities Calculation
Prepare and Submit Cost Estimate
Local Review of Preliminary Drainage Plans and
Sanitary Sewer and Adjustment Details
23
RESPONSIBILITY
STATE CITY
�.4
x
x
x
�Ll
kl.)
0-9
District Agreement No. 12-234
Prepare & Submit Preliminary Drainage Plans x
Review Preliminary Drainage Plans x
Prepare Traffic Striping and Roadside Delineation
Plans & Submit for Review x
Review Traffic Striping and Roadside Delineation
Plans x
RESPONSIBILITY
PROJECT ACTIVITY STATE CITY
Prepare & Submit Landscaping and/or Erosion
Control Plans
x
Review Landscaping and/or Erosion Control Plans
x
Prepare and Submit Preliminary Electrical Plans
x
Review Preliminary Electrical Plans
x
Prepare & Submit Preliminary Signing Plans
x
Review Preliminary Signing Plans
x
Quantity Calculations
x
Safety Review
x x
Prepare specifications
x
Prepare & Submit Checked Structure Plans
x
Review & Approve Checked Structure Plans
x
Prepare Final Contract Plans
x
Prepare Lane Closure Requirements
x
Review and Approve Lane Closure Requirements
x
Prepare & Submit Striping Plan
x
24
District Agreement No. 12-234
Review & Approve Striping Plan
Prepare Final Estimate
Prepare & Submit Draft PS&E
Review Draft PS&E
Finalize & Submit PS&E to District
PROaECT ACTIVITY
0
X
X
X
X
X
RESPONSIBILITY
STATE CITY
5. HAZARDOUS WASTE ACTIVITY
Conduct an Initial Site Assessment (ISA) for
hazardous waste on the properties involved
in PROJECT. ISA a hall be performed by
qualified personnel X
Confirm Potential Hazardous Waste Sites identified
in the ISA by conducting site investigation
(soil/groundwater testing) to determine the
type and extent of contamination X
Prepare a report of the Site Investigation X
Review Site Investigation Report prepared by CITY X
After STATE Review Send the Report to Regulatory
Agency(ies) for their Approval X
If the Site is Determined to be Contaminated,
Start Remediation Process X X
25
District Agreement No. 12-234
Give the Property Owner the Opportunity to -
Remediate the Site x
Monitor Property Owner Efforts in order to Keep
PROJECT on Schedule x
If the Property Owner Refuses to Remediate the
Site, do the Remediation and Take the Legal
Action against the Property Owner to
Recover Costs x
PROZECT ACTIVITY
RESPONSIBILITY
STATE CITY
Prepare Remediation Schedule/Work Plan, Showing
Remediation Will Be Completed Prior to
Advertisement for PROJECT Construction and
Send Copy of Schedule/Work Plan to STATE for
Review
Review Schedule/Work Plan
Conduct Soil and/or Groundwater Remediation
oversee Remediation Activities
Prepare Remediation Report
Review Remediation Report
After STATE Review of the Remediation Report Send
Report to Regulatory Agency for their Review
If Site is Determined to be Clean, Obtain Approval
from Regulatory Agency
26
94
14
kl.�
ATTACHMENT #3
1;
PROJECT:
F-aw-ompoov OTUOY RoM9721T 15DOM
r5lgop THO 05PRooff
C-?T ?Lvff xo,,Z�Iff LFO-EEWAY
ED M -2 7. 0 FO
VICINITY MAP
Council/Agency Meeting Held: .11!!YA
Deferred/Continued to:
Approved 0 Conditionally Approved 0 Denied
U City Clerk's Signature
Council Meeting Date: 11/06/95
Department 10 Number PW-95-070
REQUEST FOR REDEVELOPMENT AGENCY ACTION
SUBMITTED TO:
SUBMITTED BY:
HONORABLE CHAIRMAN AND REDEVELOPMENT AGENCY
MEMBERS
MICHAEL T. UBERUAGA, Executive Directi
10A21-
PREPARED BY: " LES M. JONES, 11, Director of Public Worki
SK
DAVID C. BIGGS, Economic Development I
SUBJECT: Revised Cooperative Agreement for the Widening of the McFadden
Avenue Overcrossing of Interstate 405.
Staternent of Issue. Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status,
Statement of Issue:
The attached cooperative agreement between the City Of Huntington Beach and State of
Califomia, defines the terms and conditions for the widening of the McFadden Avenue
Overcrossing of Interstate 405.
Eundlin-q Source:
Not Applicable.
Recommended Action:
Approve the attached revised cooperative agreement for the widening of the McFadden
Avenue Overcrossing of Interstate 405, and authorize the Mayor and City Clerk to execute
t-ie cooperative agreement.
Altemative Action(sl:
Do not approve the Cooperative Agreement and direct staff to take another action. Not
-�pproving the subject agreement would jeopardize future construction for the subject project.
REQUEST'kJR REDEVELOPMENT AGEt'AJY ACTION
MEETING DATE: 11106/95 DEPARTMENT ID NUMBER: PW-95-070
Analysis:
At its regular meeting of April 4, 1994, the Huntington Beach City Council approved staffs
selection of Robert Bein, William Frost & Associates, Professional Engineers, Planners, and
Surveyors, of Irvine, to prepare a Project Study Report (PSR) for the future widening of the
McFadden Avenue Bridge over Interstate 405. The PSR has been prepared and submitted
to the State of California for their review and approval.
The State of California requires that a cooperative agreement between the City and State be
executed by both parties, prior to the State's approval of the subject document. The
attached Cooperative Agreement defines City and State responsibilities pertaining to the
preparation of the document.
On March 6, 1995, City Council approved a cooperative agreement between the City and
the State for subject project. Prior to Caltrans' approval, Caltrans made minor modifications
to the cooperative agreement. Therefore the City must approve a new cooperative
agreement in lieu of the previously approved cooperative agreement. The agreement
modifications included the following:
A) The State agrees to provide, at no cost to the City, oversight of all right of
way activities undertaken by City, or its designee, pursuant to this Agreement.
B) The State agrees to be responsible, at State expense, for the investigation
and remediation of potential hazardous waste within the existing State highway fight
of way that would impact project, if it determined that the source of contamination is
within the existing State highway right of way and that the contamination presents a
threat to public health or the environment regardless of being disturbed or not. City
intends to perform the investigation and any necessary remediation for State and
State will reimburse City for actual costs incurred by City in satisfactory performance
of such work. City shall comply with appropriate regulatory agencies' requirements
and obtain State's approval prior to performance of any remediation work within
existing State highway right of way.
C) It is mutually agreed, the current scope of this project does not require the
acquisition of new right of way. If the scope changes, requiring the acquisition of
new right of way, an amendment to this Cooperative Agreement will be required.
The execution of this new agreement In no way commits the City of Huntington Beach
to proceed with the bridge widening project. This merely allows the environmental
groundwork to proceed.
0014263.01 .2- 10120195 10:43 AM
REQUEST FOR REDEVELOPMENT AGENt;Y ACTION
MEETING DATE: 11/06/95 DEPARTMENT ID NUMBER: PW-95-070
Environmental Status:
The environmental status for the subject project has been determined to be a "Negative
Declaration".
Attachment(s):
1 Cooperative Agreement (4)
2 Project Location Map
0014263.01 -3- 10/20195 10:43 AM
44
mc
Z' ---1 1.4 1 J i
PROJECT:
610
ib
SLATER AVE.
405
017MOV, REPORT MR)
,�Fcr-,Wv TIME hwLr&d@07coH&q ORRDOH
RT7 TIL-M 960ff
i9®rg &qg?. oym
aim
CITY OF PUNTINGTON BEAC�4
OF-S3AS2TNffl=-NT OF-- PL)BL.W-' W012KS
--T-1-
'V't �"-
N
VICINITY MAP
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Department of Public Works
SUBJECT:
Cooperative Agreement for the McFadden
Avenue Widening Overcrossing at Interstate
405.
COUNCIL MEETING DATE:
November 6, 1995
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w1exhibits if applicable)
(Signed in full by the qLtZ Attomey)
Attached
Subleases, Third Party Agreements, etc.
___(Appovedas to form by.CityAttomey) _
Not Applicable
Certificates of Insurance (Approved by the City Attomg)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (if applicable)
Not Applicable
-
Staff Report (If aeplicable)
Not Applicable
-
Commission, Board or Committee Reeort (If applicable)
Not Applicable
Find ings/Cond itions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORWARDED
Administrative Staff
Assistant CRy Admini;trator (initial)
City Administrator (Initial)
City Clerk
-[---XPLANATION FOR RETURN OF ITEM:
I I
CITY OF HUNTINGTON BEACH
2000 Main Street P.O.Box 190 California 92648
Les M. Jones 11 Public Works Department
Director (714) 536-5431
February 7, 1996
Mr. Siamak Ghahremanpour
California Department of Transportation, District 12
SCI Pullman Street
Santa Ana, CA 92705
Subject: McFadden Bridge Widening over the 1-405
Dear Mr. Ghahremanpour,
Enclosed with this cover letter are four certified copies of the
STATEMENT OF ACTION OF THE CITY COUNCIL CITY OF HUNTINGTON BEACH for the
Revised Cooperative Agreement (12-ORA-405) District Agreement No. 12-234-
State Of California -Widening Of McFadden Avenue Over -Crossing Of
Interstate 405.
Uj-.,on attaining all the appropriate signatures on the Revised Cooperative
Acreement, please forward one original Revised Cooperative Agreement to
tile City of Huntington Beach, Attention: Connie Brockway, City Clerk.
Should you have any comments or concerns regarding the above mentioned
request, please contact me at (714) 536-5590.
Sincerely,
Larry J. Taite
Project Manager
Doc. 16936.01
1Z
STATEMENT OF ACTION OF THE CITY COUNCIL
CITY OF HUNTINGTON BEACH
*********-1n&cates Portions Of TheAleeting Not Includeil In The Statement OfAction
Council Chamber, Civic Center
Huntington Beach, California
Monday, November 6, 1995
A videotape recording of this meeting
is on file in the City Clerk's Office.
Call To Order
Mayor Pro Tempore Sullivan called the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8.
City Council/Redevelopment Agency Roll Call:
Present: Harman, Sauer, Sullivan, Dettloff, Green, (Leipzig arrived 5:10 p.m.), (Garofalo
arrived 5:15 p.m.)
Absent: None
Consent Calendar - Items Approved
On motion by Garofalo, second Sullivan, Council approved the folloviing items, as
recommended by the following roll call vote:
AYES: Harman, Bauer. Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: (Sullivan abstained from the vote on the City Council minutes of
September 5, 1995 as he was not present.)
ABSENT: None
Citv Council/Redevelopment Aciencv) Revised Cooperative Aareement (12-ORA-405
District Aareement No. 12-234 - State Of California - Widenina Of McFadden Avenue
Over -Crossing Of Interstate 405 - Approved (600.20) - Approved the revised Cooperative
Agreement between the city and the State of California 12-ORA-405 District Agreement
No. 12-234 for the widening of the McFadden Avenue Over -crossing of Interstate 405, and
authorized the Mayor and City Clerk to execute said Agreement.
Page 2 - Statement of Action
Mayor Leipzig adjourned the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach.
ATTEST:
/s/ Connie Brockway
City Clerk/Clerk
STATE OF CALIFORNIA
County of Orange ss:
City of Huntington Beach
Is/ Connie Brockway
City Clerk and ex-officio Clerk of
the City Council of the City of
Huntington Beach, California
/s/ Victor Leipzig
Mayor
1, Connie Brockway, the duly elected 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 adjourned regular meeting held on the 6th day of
November, 1995.
Witness my hand and seal of the said City of Huntington Beach this the 26th day of
January, 1996.
/s/ Connie Brockwa
City Clerk and ex-officio Clerk of
the City Council of the C�ty"&
Huntington Beach, CaTifornia
13 y
Deputy G�Y Cle-�k--.?-'
I
k1.01
CITY OF HUI\JTII\JGTOI\J BEACH
NZO 2000 MAIN STREET CALIFORNIA92648
OFFICE OF THE CITY CLERK
CONNIEBROCKWAY
CU CLERK
December 4, 1995
Department of Transportation
District 12
2501 Pullman Street
Santa Ana, CA 92705
Attn: Sia Ghahremanpour, State and Local Projects Design
Re: 12-ORA-405
The City Council of the City of Huntington Beach at their meeting held
November 6, 1995, approved the attached cooperative agreement 12-ORA-405 PM
16.98 Widen McFadden Avenue Overcrossing at Interstate 405 in Huntington Beach
12222-0031 OK District Agreement No. 12-234.
Enclosed are four originals for State of California signatures. Please return one fully
executed copy to the Office of the City Clerk, Attention: Evelyn Schubert, Deputy City
Clerk, City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648.
If you have any questions regarding this matter, please call the Office of the City Clerk
at (714) 536-5227.
Connie Brockway, CIVIC
City Clerk
-7
Evelyn Schubert, CIVIC
Deputy City Clerk
Enclosure
cc: Les Jones, Director of Public Works
David Biggs, Director of Economic Development
g:Vo11owup)agrrnt
47relaphone: 714-536-5227)
12-ORA-405 PM 16.98
Widen McFadden Avenue
Overcrossing at Interstate 405
In Huntington Beach
12222 - 00310K
District Agreement No. 12-234
COOPERATIVE AGREEMENT
This AGREEMENT, entered into on k" t A L4A 1996 , is
0
between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as STATE, and
CITY OF HUNTINGTON BEACH
a body politic and a Municipal
Corporation of the State of
California, referred to
hereinafter as CITY.
District Agreement No. 12-234
RECITALS
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 CITY.
2. CITY desires State highway improvements consisting of
widening the McFadden Avenue Overcrossing on Route 405,
referred to herein as "PROJECT", and is willing to fund one
hundred percent (1001) of all capital outlay and staffing
costs, except for costs of STATE'S oversight of
environmental and design activities.
3. This Agreement supersedes any prior Memorandum of
Understanding (MOU) relating to PROJECT.
4. Construction of said PROJECT will be the subject of a
separate future Agreement.
5. The parties hereto intend to define herein the terms and
conditions under which PROJECT is to be developed, designed,
and financed.
2
�0)
District Agreement No. 12-234
SECTION I
CITY AGREES:
1. To fund one hundred percent (look) of all preliminary and
design engineering costs, including, but not limited to,
costs for preparation of contract documents and advertising
and awarding the PROJECT construction contract.
2. To have a combined Project Study and Project Report
(PSR/PR), Environmental Document (ED), and detailed Plans,
Specifications and Estimate (PS&E) prepared at no cost to
STATE and to submit each to STATE for review and approval at
appropriate stages of development. PSR/PR, final plans and
standard special provisions shall be signed by a Civil
Engineer registered in the State of California.
3. To permit STATE to monitor and participate in the selection
of personnel who will prepare the PSR/PR, conduct
environmental studies and obtain the environmental
clearance, prepare the PS&E, provide the right of way
engineering services, and perform right of way activities.
CITY agrees to consider any request by STATE to discontinue
the services of any personnel considered by STATE to be
unqualified on the basis of credentials, professional
expertise, failure to perform in accordance with scope of
work and/or other pertinent criteria.
District Agreement No. 12-234
4. Personnel who prepare the PS&E and right of way maps shall
be available to STATE, at no cost to STATE, through
completion of construction of PROJECT to discuss problems
which may arise during construction and/or to make design
revisions for contract change orders.
5. Not to use funds -from any Federal —aid program for design or
acquisition of rights of way for PROJECT.
6. 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 PSR/PR, ED and/or PS&E.
7. To identify and locate all utility facilities within the
PROJECT area as part of its PROJECT design responsibility.
All utility facilities not relocated or removed in advance
of construction shall be identified on the PROJECT plans and
specifications, at PS&E stage.
8. To identify and locate all high and low risk underground
facilities within the PROJECT area and to protect or
otherwise provide for such facilities, all in accordance
with STATE's "Manual on -High and Low Risk-pndercrround
Facilities within Highway Rights of Way" at PS&E stage.
4
t .
District Agreement No. 12-234
CITY hereby acknowledges receipt of STATE's "Manual on High
and Low Risk Underground Facilities Within Highway Ricrhts--of
Wayll.
9. If any existing public and/or private utility facilities
conflict with PROJECT construction or violate STATE's
encroachment policy, CITY shall make all necessary
arrangements with the owners of such facilities for their
protection, relocation or removal in accordance with STATE
policy and procedure for those facilities located within the
limits of work providing for the improvement to the State
highway and in accordance with CITY policy for those
facilities located outside of the limits of work for the
State highway. Total costs of such protection, relocation
or removal shall be in accordance with STATE policy and
procedure.
10. To furnish evidence to STATE, in a form acceptable to STATE,
that arrangements have been made for the protection,
I
relocation, or removal of all conflicting facilities within
STATE's right of way and that such work will be completed
prior to the award of the contract to construct PROJECT or
as covered in the Special Provisions for said contract.
This evidence shall include a reference to all required
State highway encroachment permits.
5
I
District Agreement No. 12-234
11. CITY shall require the utility owner and/or its contractors
performing the relocation work within STATE's right of way
to obtain a STATE encroachment permit prior to the
performance of said relocation work.
12. To utilize the services of a crialified public agency in all
right of way acquisition related matters in accordance with
STATE procedures as contained in Right of Way Procedural
Handbooks. Whenever personnel other than personnel of a
qualified public agency are utilized, administration of the
personnel contract shall be performed by a qualified Right
of Way person employed or retained by CITY with oversight
provided by STATE.
13. To certify legal and physical control of right of way ready
for construction and that all right of way was 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 PROJECT.
14. To deliver to STATE legal title to the right of way,
including access rights, free and clear of all encumbrances
detrimental to STATE's present and future uses not later
6
District Agreement No. 12-234
than the date of acceptance by STATE of maintenance and
operation of the highway facility. Acceptance of said title
by STATE is subject to a review of a Policy of Title
Insurance in STATE's name to be provided and paid for by
CITY.
15. To be responsible, at CITY expense, for the investigation
and remediation of potential hazardous waste sites outside
of the existing State highway right of way that would impact
PROJECT.
16. If CITY desires to have STATE advertise, award and
administer the construction ccntract for PROJECT, CITY shall
provide all plans prepared by CITY or CITY'S consultant on
either 4 or 8 millimeter magnetic tape using Micro Station
Release 5.0.dgn files in UNIX TAR or CPIO format. One copy
of the data on the magnetic tape, including the Engineer's
electronic signature and seal, shall be provided to STATE
upon completion of the final PS&E for PROJECT. STATE
reserves the right to modify its magnetic tape requirements
and STATE shall provide CITY advance written notice of any
such modifications.
7
District Agreement No. 12-234
SECTION 11
STATE AGREES:
1. To provide, at no cost to CITY, oversight of PROJECT and to
provide prompt reviews and approvals, as appropriate, of
submittals by CITY, and to cooperate in timely processing of
PROJECT.
2. To provide, at no cost to CITY, oversight of all right of
way activities undertaken by CITY, or its designee, pursuant
to this Agreement.
3. To issue, at no cost to CITY, upon proper application by
CITY, an encroachment permit to CITY authorizing entry onto
STATE's right of way to perform survey and other
investigative activities required for preparation of the
PSR/PR, ED and/or PS&E. If CITY uses consultants rather
than its own staff to perform required work, the consultants
will also be required to obtain an encroachment permit. The
permit will be issued at no cost upon proper application by
the consultants.
8
District Agreement No. 12-234
4. To be responsible, at STATE expense, for the investigation
and remediation of potential hazardous waste within the
existing State highway right of way that would impact
PROJECT, if it determined that the source of contamination
is within the existing State highway right of way and that
the contamination presents a threat to public health or the
environment regardless of being disturbed or not. CITY
intends to perform the investigation and any necessary
remediation for STATE and STATE will reimburse CITY for
actual costs incurred by CITY in satisfactory performance of
such work. CITY shall comply with appropriate regulatory
agencies requirements and obtain STATE's approval prior to
performance of any remediation work within existing state
highway right of way.
�j
�.d
District Agreement No. 12-234
SECTION_;[II
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement
are subject to the appropriation of resources by the
Legislature and the allocation of resources by the
California -Transportation Commission.
2. The parties hereto will carry out PROJECT in accordance with
the Scope of Work, attached and made a part of this
Agreement, which outlines the specific responsibilities of
the parties hereto. The attached Scope of Work may in the
future be modified in writing to reflect changes in the
responsibilities of the respective parties. Such
modifications shall be concurred with by CITY'S Director of
Public Works or other official designated by CITY and
STATE's District Director for District 12 and become a part
of this Agreement after execution by the respective
officials of the parties.
3. The basic design features shall comply with those addressed
in the approved PSR/PR, unless modified as required for
environmental clearance and/or FHWA approval of PROJECT.
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4. The design, right of way acquisition, and preparation of
environmental documents for PROJECT shall be performed in
accordance with STATE standards and practices current as of
the date of execution of this Agreement. Any exceptions to
applicable design standards shall be approved by STATE via
the processes outlined in STATE's Highway Design Manual and
appropriate memorandums and design bulletins published by
STATE. In the event that STATE proposes and/or requires a
change in design standards, inplementation of new or revised
design standards shall be done in accordance with STATE'S
memorandum "Effective Date for Implementing Revisions to
Design Standards", dated February 8, 1991. STATE shall
consult with CITY in a timely manner regarding the effect of
proposed and/or required changes on PROJECT.
5. CITY'S share of all changes in development and construction
costs associated with modificat-ions to the basic design
features as described above shall be in the same proportion
as described in this Agreement, unless mutually agreed by
STATE and CITY in a subsequent amendment to this Agreement.
6. If a finding is made that Federal and State regulations do
not require mitigation of contaminated material in its
present condition within the existing State highway right of
way, CITY shall be responsible, at CITY expense, for any
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District Agreement No. 12-234
remedial action required as a result of proceeding with
PROJECT. Locations subject to cleanup include utility
relocation work required for PROJECT.
7. If Federal and State regulations indicate contaminated
material within the existing State highway right of way
presents a threat to public health or the environment,
regardless of whether it is disturbed or not, STATE shall be
responsible for the cleanup, at STATE expense. If STATE's
cost to mitigate is increased due to PROJECT, the additional
cost shall be borne by CITY.
B. The party responsible for funding the cleanup shall be
responsible for the development of the necessary mitigation
and remedial plans and designs. Remedial actions proposed
by CITY shall be approved by STATE and shall be performed in
accordance with standards and practices of STATE and other
Federal and State regulatory agencies.
9. The current scope of this project does not require the
acquisition of new right of way. If the scope changes,
requiring the acquisition of new right of way, an amendment
to this Cooperative Agreement will be required.
10. CITY shall provide a right of way certification prior to the
granting of said encroachment permit by STATE, to certify
that legal and physical control of rights of way were
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District Agreement No. 12-234
acquired in accordance with applicable State and Federal
laws and regulation.
11. A separate Cooperative Agreement will be required to cover
responsibilities and funding for the PROJECT construction
phase.
12. Nothing in the provisions of this Agreement is intended to
create duties or obligations to or rights in third parties
not parties to this Agreement or affect the legal liability
of either party to the Agreement by imposing any standard of
care with respect to the maintenance of State highways
different from the standard of care imposed by law.
13. Neither STATE nor any officer or employee thereof is
responsible for any damage or liability occurring by reason
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 understood
and agreed that, pursuant to Government Code Section 895.4,
CITY shall fully 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 account of injury (as defined in
Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by CITY under or in
connection with any work, authority or Jurisdiction
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District Agreement No. 12-234
delegated to CITY under this Agreement.
14. Neither CITY nor any officer or employee thereof is
responsible for any damage or liability occurring by reason
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 fully defend, indemnify and save harmless CITY
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 reason 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.
15. This Agreement may be terminated or provisions contained
herein may be altered, changed, or amended by mutual consent
of the parties hereto.
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