HomeMy WebLinkAboutAGMT - Long Beach (City of) (Improvement San Grabriel River Bike Trail) •
AGREEMENT
REGARDING THE DESIGN AND CONSTRUCTION OF IMPROVEMENTS TO THE SAN
GABRIEL RIVER TRAIL BY THE CITY OF LONG BEACH ON BEHALF OF THE CITY OF
SEAL BEACH
THIS AGREEMENT is made and entered, in duplicate, as of December 12 , 2011,
for reference purposes only, pursuant to a minute order adopted by the City Council
of the City of Long Beach at its meeting held on December 12 , 2011, by and
between the CITY OF LONG BEACH, a municipal corporation ("CLB"), and the CITY
OF SEAL BEACH, a municipal corporation ("SB"), pursuant to a minute order
adopted by the City Council of the City of Seal Beach at its meeting held on
November 14, 2011. CLB and SB may hereinafter be referred to individually as
"PARTY" or collectively as "PARTIES."
RECITALS
CLB and SB contemplate constructing improvements on the San Gabriel River Trail
as set forth in Exhibit"A," referred to herein as "Project,"and desire to specify terms
and conditions under which Project is to be engineered, constructed and financed.
SECTION I
CLB AGREES:
1. To act as lead agency for the Project and to provide all necessary plans and
specifications, cost estimates, utility identification and location, and all necessary
construction engineering/management services including all required Project
accounting for Project.
2. To insure that the Project as designed will comply with all environmental approvals as
required from Federal or State agencies for Project.
3. To obtain all required authorizations and permits from governmental agencies
necessary to construct Project.
4. To obtain SB's approval of final plans and specifications prior to Project being
advertised for construction bids.
5. To not proceed with the construction of Project, or any phase of Project, until all
necessary funding for Project has been identified and appropriated, including any
required agreements for funding contributions by other agencies to Project.
6. Upon completion of Project, to furnish SB a complete set of full-sized film positive
reproducible as-built plans and the corresponding electronic files.
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SECTION II
SB AGREES
1. To provide to CLB all available plans and survey data of existing SB infrastructure
necessary to design Project.
2. To pay SB's prorated share of all Project design and construction administration costs with
the prorated share based on the final ratio of construction costs between CLB and SB.
3. To review and approve plans, and issue no fee encroachment permits, within 30 days of
receipt of final plans from CLB.
4. Upon receipt of written invoice to deposit with CLB, sufficient SB funds to finance SB's
estimated share of engineering, construction, and administration costs. Said amount is
currently estimated at $200,000.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
1. CLB's contract plans signed by SB shall constitute SB's acceptance of and official approval
of said plans.
2. The duties of CLB under this agreement may be performed either by CLB employees or by
persons or entities hired by CLB through separate agreements. These agreements shall
include a provision releasing SB from liability and require that SB be included as a co-
obligee on all required bonds and insurance.
3. That in the construction of said work, CLB will furnish a resident engineer and SB shall
furnish a representative. Said representative and resident engineer will cooperate and
consult with each other, but the decisions of CLB's resident engineer shall remain the sole
and primary directive for all Project work. If material changes to the approved plans and
specifications are required to complete the Project, and said changes will impact the
proposed Project improvements within SB's right-of-way, the CLB resident engineer will
obtain the SB's representative approval before authorizing said changes. "Material changes"
shall be defined as those that affect the design intent and increase the project cost.
4. That during the course of construction, SB may request CLB to include additional work in
Project. Said work shall be considered a "betterment" if it is not directly required by the
proposed work shown in Exhibit "A". In addition, the term betterment shall include any SB
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funded work that SB desires to have constructed concurrently with Project and for which CLB
is able to reasonably accommodate in Project. Said betterment work shall be accounted for
separately and not impact the authorized contingency for the project. CLB may require a
deposit from SB for the estimated cost of betterment prior to authorization.
5. Prior to acceptance of the Project, as completed, under the terms of the Project's
construction contract, CLB will confer with SB, in good faith, to obtain SB's concurrence that
those components of the Project that are located within SB's right-of-way have been
completed in substantial conformance with the approved plans and specifications. It is
understood that SB will not unreasonably withhold said concurrence. Should SB and CLB be
unable to agree on Project completion as discussed herein, then SB and CLB shall meet and
confer, in good faith, to resolve the disagreement.
6. If at the final Project accounting, SB's costs exceed SB's deposit with CLB, CLB shall
invoice SB and SB shall pay within thirty (30) days the difference. Conversely, if at final
accounting, the amount of SB's deposit with CLB exceeds SB's costs, CLB shall refund the
difference within thirty (30) days.
7. SB shall review the final accounting invoice prepared by CLB and report in writing to CLB
any discrepancies within thirty (30) days after the date of said invoice. Undisputed charges
shall be paid in accordance with this Section.
8. . Should any portion of Project be financed with funds with specific expenditure requirements
or limitations, all applicable laws, regulations and policies relating to the use of such funds
shall apply notwithstanding other provisions of this Agreement.
9. Neither SB nor any officer or employee of SB shall be responsible for any damage or
liability occurring by reason of any acts or omissions on the part of CLB delegated to or
determined to be the responsibility of CLB under this Agreement. Pursuant to Government
Code Section 895.4, CLB shall indemnify, defend and hold SB harmless from any liability
imposed for injury(as defined by Government Code Section 810.8) occurring by reason of
any acts or omissions on the part of CLB delegated to or determined to be the
responsibility of CLB under this Agreement.
10.Neither CLB nor any officer or employee of CLB shall be responsible for any damage or
liability occurring by reason of any acts or omissions on the part of SB delegated to or
determined to be the responsibility of SB under this Agreement. Pursuant to Government
Code Section 895.4, SB shall indemnify, defend and hold CLB harmless from any liability
imposed for injury(as defined by Government Code Section 810.8) occurring by reason of
any acts or omissions on the part of SB delegated to or determined to be the responsibility
of SB under this Agreement.
11.Every notice, demand, request, or other document or instrument delivered pursuant to this
Agreement shall be in writing, and shall be either personally delivered by Federal Express
or other reputable overnight courier, sent by facsimile transmission with telephonic
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confirmation of actual receipt and the original subsequently delivered by other means, or
sent by certified United States mail, postage prepaid, return receipt requested, to the
addresses set forth below, or to such other address as a party may designate from time to
time:
City Of Long Beach
Pat West
City Manager
333 West Ocean Blvd
Long Beach, CA 90802
City of Seal Beach
Jill R. Ingram
City Manager
211 8th Street,
Seal Beach, CA 90740
12.This Agreement constitutes the entire understanding and agreement of the Parties and
integrates all of the terms and conditions mentioned herein or incidental hereto with
respect to the subject matter hereof, and supersedes all negotiations or previous
agreements between the Parties with respect to all or part of the subject matter hereof.
13.This Agreement may be amended in writing at any time by the mutual consent of the
Parties. No amendment shall have any force or effect unless executed in writing by both
Parties.
14. If any term, provision, covenant, or condition of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the
Agreement shall continue in full force and effect, unless both Parties would be materially
altered or abridged by such interpretation.
15.This Agreement shall be construed and enforced in accordance with the laws of the State
of California.
16.Except as set forth herein, no Party shall assign or otherwise transfer this Agreement or its
right of interest or any part thereof to any third party without the prior written consent of the
other Party. Such consent shall not be unreasonably withheld. No assignment of this
Agreement shall relieve the assigning Party of its obligations until such obligations have
been assumed in writing by the assignee. When duly assigned in accordance with the
forgoing, this Agreement shall be binding upon and inure to the benefit of the assignee.
17.This Agreement shall commence on the date first approved and shall terminate upon SB's
acceptance of the constructed improvements and final accounting for the Project
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their respective officers as of the date first written above.
CITY OF LONG BEACH
By (c9( _
Asststant.City Manager
City1M t nager
EXEC 0' D PURSUANT
Attest: I = SECTION 301 OF
J THE CITY CHARTER.
y Clerk
Approved as to Form! A PROVED AS 70 FOia\A
, , ;o e
�!�fi2r:T !_. SH,a�:r:�ri'i, �i,, �;iton�
City Attorney
CITY OF SEAL BEACH
By i.i . I.. • AttgAtt.
y Manager
Attest:
City Clerk
Approved as to For •
agalf
C,
a
W ity Attorney
Page 5 of 5
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February 22, 1989
Los Angeles County
Flood Control District
Post Office Box 2418,
Terminal Annex
Los Angeles , California 90051
In Re: Bicycle Path Agreement
Gentlemen:
This letter will serve as formal notification of the intent of
the City of Seal Beach to terminate any and all participation of
the City of Seal Beach in the agreements for the Bike Path which
extends along the San Gabriel River.
The Agreements and/or Licenses which the City of Seal Beach
hereby terminates are those between itself and:
1 . The County of Los Angeles Road Department which was
authorized by the County of Los Angeles in August 10,
1976 and numbered 28100;
2. The Department of Water and Power of the City of Los
Angeles which is dated November 6, 1975;
3. The City of Long Beach dated April 22, 1976;
4 . The Department of Water and Power of the City of Los
Angeles which is dated May 20, 1976;
5. The Department of Water and Power of the City of Los
Angeles which is dated May 17 , 1976;
6. The Los Angeles County Flood Control District, approved
by the district on July 8, 1975, and numbered 25706;
7. The Los Angeles County Flood Control District Permit
Numbered 77241—B, issued May 19, 1977.
t
In addition, all other Bike Path Agreements are hereby terminated
on which the City is a signatory involving the Bicycle Path along
the San Gabriel River which may not be enumerated herein.
The City of Seal Beach is being held accountable for incidents
that have occurred in other cities as a result of those
agreements and the status of the City of Seal Beach as a
signatory. Since the City of Seal Beach is being wrongfully
included in lawsuits for activities over which the City of Seal
Beach had no control, it no longer wishes to participate in the
Bicycle Path Program along the San Gabriel River.
Unless indicated otherwise, the termination of these Agreements
is effective the date of this letter.
Sincerely,
Robert A. Neon
City Manager
RAN:pel
cc : County of Los Angeles Road Department
Department of Water and Power — City of Los Angeles
City of Long Beach
i
AGREEMENT
THIS AGREEMENT is made and entered into, in duplicate,
as of the day of , 1976 , pursuant to
minute order adopted by thU City Council of the City of Lon
�7.�" Long
Beach, at its meeting held on the 30),„-0-( day of ZG
1976 , and the, • ty of Seal Beach , at its meeting held on the
!A day of (/ a/k(1 1 / , 1976 , by and between the
CITY OF LONG BEACH, a municipal corporation, hereinafter re-
• ferred to as "LONG BEACH," and the CITY OF SEAL BEACH, a
municipal corporation, hereinafter referred to as "SEAL BEACH. "
WHEREAS , the extension of the San Gabriel River Bike
Path from Carson Street to the Ocean in the City of Seal Beach
has been budgeted; and
WHEREAS , Seal Beach is interested in that portion• of
the San Gabriel River Bike Path south of Seventh Street; and
WHEREAS, Seal Beach has proceeded with the levee
improvements at Seventh Street and College Park Drive; and
WHEREAS, Seal Beach desires to proceed with a similar
improvement at Westminster Avenue and at Pacific Coast Highway;
and
WHEREAS , one-half of the Westminster Avenue improve-
ment is situated within the City of Long Beach; and
WHEREAS, Seal Beach is willing to construct the
desired improvements with its own forces or contract for said
construction if Long Beach is willing to pay its proportionate
share of the cost thereof, and Long Beach is willing to do so;
•
NOW, THEREFORE, in consideration of the mutual terms
and conditions hereinafter set forth, it is agreed as follows :
1. Seal Beach agrees :
(a) Seal Beach shall prepare, or cause to be
prepared, all necessary plans and specifications
required for the undercrossing improvement at West-
minster Avenue, and the ramp connection at Pacific
Coast Highway on the San Gabriel River Bike Path
(b) Seal Beach shall submit to Long Beabh, for
the written approval of Long Beach, the plans and
specifications prior to the construction of said
improvements or the award of any contract for the
construction of said improvements .
(c) Seal Beach shall construct the said im-
provements with its own forces , or shall advertise
for bids for the construction of the said improve-
ments, at its option,and shall administer said contract
during the course of' said improvements .
(d) Prior to commencement of construction by
Seal 'Beach, or prior to advertising for bids, which-
ever the case may be, Seal Beach shall submit to Long
Beach an estimate of the cost of construction or submit
to Long Beach the contract bid price for such construction
for the approval of Long Beach.
2
2 . Long Beach agrees:
(a) To enter into the Los Angeles County Flood
Control District Standard Agreement for use of the
San Gabriel River Basin for a bicycle path.
(b) Upon completion of the work to be per-
formed under this agreement, Long Beach shall reim-
burse Seal Beach for fifty percent (50%) . of the final
cost of construction. It is contemplated by the parties
hereto that the total estimated cost of the improve-
ments to be constructed is the sum of Sixteen Thousand
Dollars ($16 ,000)
(c) Upon completion. of said project in accordance
with the plans and specifications previously approved by
the City of Long Beach to accept that portion of the
bicycle path lying within the City of Long Beach and there-
after to assume responsibility for the care and maintenance
of that portion of the bike path.
3.. Neither Seal Beach nor any officer or employee
thereof shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done by
Long Beach under or in connection with any work, authority or
jurisdiction delegated to Long Beach under this agreement. It
is also understood and agreed that. Long Beach shall fully
•
indemnify and hold Seal Beach harmless from any liability
imposed for injury, including death to persons or damage to
property, occurring by reason of anything done or omitted to
be done by Long Beach under or in connection with any work,
authority or jurisdiction delegated to Long Beach under this
agreement .
3
4 . Neither Long Beach nor any officer or employee
"thereof shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done
by Seal Beach under or in connection with any work, authority
or jurisdiction delegated to Seal Beach under this agree-
ment. It is also understood and agreed that .Seal Beach shall
fully indemnify and hold Long Beach harmless from any liability
imposed for injury, including death to persons or damage to
property, occurring by reason of anything done or omitted to
be done by Seal Beach under or in connection with any work,
authority or jurisdiction delegated to Seal Beach under this
agreement.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be duly executed with all the formalities
required by law on the respective dates set forth opposite
Vtheir signatures.
CITY OF LONG BEACH, a municipal
corporation - -
APR 22 1976 ,l976 /B A. - ,
fi City Manager
LONG BEACH
CITY OF SEAS, BEACH, a municipal
corporation {� �j
aka) 0;202 ,1976 BY w Vl •
Mayor
SEAL BEACH
The foregoing Agreement is hereby approved as to form `'
this APR 1 4-1976
LEONARD PUTNAM, City Attorney
Deputy