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DATE: June 27, 2016
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Interim Director of Public Works
SUBJECT: CONDUCT PUBLIC HEARING AND APPROVE
COOPERATIVE AGREEMENT AND PRELIMINARY
ENGINEERING AGREEMENTS WITH ORANGE
COUNTY TRANSPORTATION AUTHORITY AND
FREEWAY AGREEMENT WITH CALTRANS IN
RELATION TO THE 1-405 IMPROVEMENT PROJECT
SUMMARY OF REQUEST:
That the City Council conduct a public hearing and adopt Resolution No. 6664:
1. Approving Cooperative (COOP) Agreement Number C-6-1126 between
the City of Seal Beach and the Orange County Transportation Authority
(OCTA) for the 1-405 Freeway Improvement Project.
2. Approving Preliminary Engineering Agreement Nos. UK100002 and
UK100001 (PEA) between the City of Seal Beach and Orange County
Transportation Authority for the 1-405 Freeway Improvement Project.
3. Approving Freeway Agreement between the City of Seal Beach and
Caltrans for 1-405 Freeway; and
4. Authorizing the Mayor to execute each of the agreements.
BACKGROUND AND ANALYSIS:
At the September 28, 2015 OCTA Board of Directors (Board) meeting, the Board
approved the 1-405 Improvement Project (Project). The Project will provide for
one additional general purpose lane in each direction between Euclid Street and
1-605 and one new express, or toll, lane in each direction that will be combined
with the existing HOV lane to form a two-lane express, or toll, lane facility in each
direction from SR-73 to 1-605. The project will also include the demolition and
reconstruction of many of the bridges that span the freeway. Several
interchanges will be modified and signalized. In Seal Beach specifically, there will
be no changes to the Seal Beach Boulevard bridge, as the bridge was
reconstructed as a part of the previous West County Connector Project. There
will also be new sound walls, landscaping, and aesthetic treatments on the walls,
Agenda Item W
slopes, and structures in Seal Beach. As the City Council is aware, the cities of
Long Beach and Seal Beach have filed lawsuits challenging the adequacy of
OCTA's environmental review of the project. Despite the lawsuits, OCTA has
commenced its work on the project. As a matter of administrative cooperation,
the three agreements described below are required to enable City staff to work
with Caltrans and OCTA at OCTA's cost as they work on the project at their own
risk. None of these agreements have any impact on the City's position in the
lawsuit.
1. COOP No C-6-1126 between the Orange County Transportation Authority
(OCTA) and the City of Seal Beach
2. Preliminary Engineering Agreement No. UK 1001 and UK 1002 between
the OCTA and the City of Seal Beach
3. Freeway Agreement No. 12 - ORA - 405 — PM 20.8/24.2 between State of
California Department of Transportation and the City of Seal Beach
COOPERATIVE AGREEMENT
The 1-405 Freeway Improvement Project requires the City to enter into a
cooperative agreement with the OCTA to enable City staff to work with OCTA
at OCTA's expense. The cooperative agreement allows for the project
improvements to move forward, outlines the responsibilities of both the City
and OCTA throughout the course of the project and upon completion, and
provides the financial mechanism for the City to receive reimbursement funds
for staff time, consultant assistance, and pavement restoration upon project
completion. This is a similar COOP the City entered into with OCTA on the
West County Connector Project.
Approving the cooperative agreement provides for an estimated $120,600 in
reimbursement funds for City engineering and police staff costs for the
duration of the project. The duration of the project is estimated over a six year
period. There are provisions in the COOP that allows the City to obtain
additional funds if City Staff costs exceed $120,600.
This COOP does not take into account any necessary pavement repairs, as
they will be handled at a later date once the Traffic Management Plan is
completed. At that time, OCTA and the City will amend the COOP to add
reimbursement funds for all pavement repairs related to the project.
In addition, the cooperative agreement outlines a methodology for
improvements and/or funding for pavement restoration upon completion of the
project.
There are references within the COOP that note the existence of the current
litigation between the City of Seal Beach and Caltrans, OCTA, et al., and
state that the execution of the agreement does not affect the lawsuit.
PRELIMINARY ENGINEERING AGREEMENT
Page 2
As part of the 1-405 Improvement Project, four Seal Beach utility lines: two
water lines and two sewer lines, that conflict with the Project will need to be
relocated. The cost to relocate the two sewer lines will be borne 100% by
OCTA as part of the Project. The remaining two water lines require the City to
relocate at City's cost because the highway existed prior to the water lines.
The total estimated cost to relocate both water lines is $750,000. This cost is
in the City of Seal Beach proposed Fiscal Year 2016-17 Water Capital Budget
under CIP Project No. WT1703. OCTA and the City are working with Caltrans
to request a variance to keep one of the existing water lines in place. If
approved, this will reduce the cost of relocation significantly. The variance is
currently being reviewed by Caltrans.
In working with OCTA and Caltrans with respect to the four utility line
relocations specified above, OCTA desires to enter into a Preliminary
Engineering Agreement that will fully reimburse the City for all staff time. The
reimbursement covers all staff including legal, City employees and
consultants used to review and approve the relocations of the four utility lines.
The negotiated reimbursement for those costs was settled at $65,000.
FREEWAY AGREEMENT
The City has had a Freeway Agreement with Caltrans related to 1-405 since
1978. The agreement authorizes certain activities and primarily identifies
those locations were interchanges, over/under crossings of local streets and
termination of local streets is authorized and mutually agreed. The California
Streets and Highways Code requires this type of agreement to be in place to
identify such locations.
The 1-405 Improvement Project will make some minor modifications to
interchanges within or serving Seal Beach and improve several local street
crossings of the freeway. While the changes are all relatively minor in the
context of the existing agreement, Caltrans has requested that the agreement
be updated to reflect the conditions that will ultimately result from the project.
For example, one minor change is the addition of Old Ranch Parkway to an
exhibit to the agreement, as the 1978 Freeway Agreement Exhibit did not
include Old Ranch Parkway.
The Streets and Highways Code also requires that prior to entering into this
agreement, local agencies must hold a public hearing on the item. Staff has
reviewed the contents of the agreement and believes that it accurately
reflects the ultimate freeway conditions and is consistent with current policies
regarding the City's relationship with Caltrans in the operation and
maintenance of the freeway system within Seal Beach. A public notice was
advertised in the local paper, Sun Newspaper on May 26, 2016. The notice
was properly published.
The Cities of Huntington Beach, Fountain Valley, Westminster and Costa Mesa
had their respective COOP's approved at their respective City Council meetings
in April 2016. On May 9, 2016, OCTA Board of Directors approved the City of
Page 3
Seal Beach's COOP agreement No. C-6-1126, Orange County Flood Control and
Orange County Sanitation Cooperative Agreements.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
Under the COOP, OCTA will reimburse the City for all engineering consultant,
police services and City staff time in relation to the entire 405 improvement
project up to a total of $120,600, unless more funds are requested and agreed to.
Under the Preliminary Engineering Agreements, OCTA will reimburse the City for
all City staff time including engineering and legal consultation in relation to the
engineering and design for the relocation of all sewer and water facilities for a
total of $65,000.
The COOP and Preliminary Engineering Agreements will guarantee that there
will be no City funds expended in relation to the entire 1-405 improvement project
during the design, construction and post construction phase of this project.
The proposed changes to the Freeway Agreement are primarily administrative in
nature and has no associated City Staff cost.
RECOMMENDATION:
That the City Council conduct a public hearing and adopt Resolution No. 6664:
1. Approving CO-Operative (COOP) Agreement Number C-6-1126 between
the City of Seal Beach and the Orange County Transportation Authority
(OCTA) for the 1-405 Freeway Improvement Project.
2. Approving Preliminary Engineering Agreement Nos. UK100002 and
UK100001 (PEA) between the City of Seal Beach and Orange County
Transportation Authority for the 1-405 Freeway Improvement Project.
3. Approving Freeway Agreement between the City of Seal Beach and
Caltrans for 1-405 Freeway; and
4. Authorize the Mayor to execute each of the agreements.
Page 4
SU:161, ED BY: NOTED AND APPROVED:
7
1. ,.. _ ;
T4111 fi JINIL Ali i
J 11 `:asham J'i7ingram, City Man: ter
Inte m Director of Public Works
Prepared by: Michael Ho, P.E., Deputy Director of PW/City Engineer
Attachments:
A. Resolution 6664
B. CO-OP Agreement No. C-6-1126
C. Preliminary Agreements
D. Existing 1978 Freeway Agreement
E. Proposed Freeway Agreement
Page 5
Attachment "A"
RESOLUTION NUMBER 6664
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING COOPERATIVE AGREEMENT NO. C-6-1126 AND
PRELIMINARY ENGINEERING AGREEMENT NOS. UK100002
AND UK100001 BETWEEN ORANGE COUNTY
TRANSPORTATION AUTHORITY AND CITY OF SEAL BEACH
AND REVISIONS TO THE 1-405 IMPROVEMENT FREEWAY
AGREEMENT
WHEREAS, Orange County Transportation Authority (OCTA), in
cooperation and partnership with Caltrans, is proposing to reduce congestion and
improve lane continuity through the 1-405 corridor with improvements to mainline
and interchanges on 1-405 between State Route 73 and Interstate 605; and
WHEREAS, OCTA, in cooperation and partnership with the Caltrans, is
requesting the City of Seal Beach to enter into Cooperative Agreement No. C-6-
1126 which defines the specific terms, conditions, and funding responsibilities
between the OCTA and City of Seal Beach; and
WHEREAS, OCTA, in cooperation and partnership with the Caltrans, is
requesting the City of Seal Beach to enter into a Preliminary Engineering
Agreement Nos. UK100002 and UK100001 to fully reimburse the City of any and
all time associated with, but not limited to, reviewing, preparing, approving and
finalizing water and sewer utility relocation plans for the above 1-405
improvement project; and
WHEREAS, the City of Seal Beach and the State of California have
heretofore entered in a Freeway Agreement dated November 1, 1962 between
the Seal Beach City Limit at Bolsa Chica Road to 1/2 mile west of Los Alamitos
Boulevard, and July 10,1978, relating to the improvements on Interstate 405 (I-
405) in the City of Seal Beach on route 22 for the portions between the Los
Angeles/Orange County Line and the City Limit at Bolsa Chica Road, On Route
405 between the City Limit at Bolsa Chica Road and the Los Alamitos-City Limit
near the San Gabriel River, On Route 605 between Route 22 and the Los
Alamitos City Limit near the San Gabriel River, and
WHEREAS, it is the mutual desire of the parties hereto to enter into a new
Freeway Agreement in accordance with the revised plan of said Freeway, and
EXHIIBIT A listing the access points from the 1-405 into the City of Seal Beach;
and
WHEREAS, this Freeway Agreement amends that portion of said Freeway
Agreement dated July 10, 1978, from in the City of Seal Beach on route 22 for
the portions between the Los Angeles/Orange County Line and the City Limit at
Bolsa Chica Road, On Route 405 between the City Limit at Bolsa Chica Road
and the Los Alamitos-City Limit near the San Gabriel River, On Route 605
between Route 22 and the Los Alamitos City Limit near the San Gabriel River;
and
WHEREAS, the City Council has read said Agreements in full and is
familiar with the contents thereof; and
WHEREAS, on June 27, 2016, the City Council held a duly-noticed public
hearing in compliance with Streets and Highways Code Section 100.22.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY
RESOLVE:
Section 1. Cooperative Agreement No. C-6-1126 is hereby approved and the
Mayor and City Clerk are directed to sign and attest the same on behalf of said
City.
Section 2. Preliminary Engineering Agreement Nos. UK100002 and UK100001 is
hereby approved and the Mayor and City Clerk are directed to sign and attest the
same on behalf of said City.
Section 3. Said Freeway Agreement is amended as indicated in Exhibit A and the
Mayor and City Clerk are directed to sign the same on behalf of said City, and
Agreement to be binding upon the City upon its execution by the authorized
officials of the State and OCTA.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 27th day of June, 2016 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Sandra Massa-Lavitt, Mayor
ATTEST:
Robin L. Roberts, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that
the foregoing resolution is the original copy of Resolution Number 6664 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 27th day of June, 2016.
Robin L. Roberts, City Clerk
Attachment "B"
1 COOPERATIVE AGREEMENT NO. C-6-1126
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITY OF SEAL BEACH
6 FOR
7 1-405 IMPROVEMENT PROJECT
8 THIS COOPERATIVE AGREEMENT (Agreement), is effective this day of
9 , 20 , by and between the Orange County Transportation Authority, 550 South
10 Main Street, P.O. Box 14184, Orange California 92863-1584, a public entity (herein referred to as
11 "AUTHORITY") and the City of Seal Beach, 211 Eighth Street, Seal Beach, California 90740, a municipal
12 corporation duly organized and existing under the constitution and laws of the State of California (herein
13 referred to as"CITY") each individually known as"Party" and collectively known as the"Parties".
14 RECITALS:
15 WHEREAS, AUTHORITY, in cooperation and partnership with the California Department of
16 Transportation, herein referred to as "CALTRANS", is proposing to reduce congestion and improve
17 lane continuity through the Interstate 405 (1-405) corridor with improvements to mainline and
18 interchanges on 1-405 between State Route 73 (SR-73) and Interstate 605 (1-605); and
19 WHEREAS, the improvements are generally defined as adding one general-purpose lane from
20 Euclid Street to 1-605, plus adding an additional median lane which will be combined with the existing
21 HOV lane and operated as dual express lanes in each direction of 1-405 from SR-73 to 1-605, replacing
22 and/or widening structures, and other additional geometric and interchange improvements, including
23 improvements to CITY-owned and operated streets, and traffic facilities hereinafter referred to as CITY
24 FACILITIES potentially impacted by this project, all of which are hereinafter referred to as"PROJECT".
25 AUTHORITY will use a design-build method of delivery for the procurement, design, and construction
26 of PROJECT and shall prepare contract documents (CONTRACT DOCUMENTS)to procure a design-
COOPERATIVE AGREEMENT NO. C-6-1126
1 build team herein referred to as "CONTRACTOR"; and
2 WHEREAS, this Cooperative Agreement defines the specific terms, conditions, and funding
3 responsibilities between the AUTHORITY and CITY regarding the CONTRACT DOCUMENTS, and
4 the design and construction of PROJECT in regards to CITY FACILITIES; and
5 WHEREAS, AUTHORITY is the sponsor and the primary funding agency for PROJECT; and
6 WHEREAS, CITY-owned and operated utilities will be subject to an utility agreement(s) and
7 separate from, and outside of this Agreement; and
8 WHEREAS, PROJECT is located within and adjacent to the CALTRANS right of way in the Cities
9 of Costa Mesa, Fountain Valley, Huntington Beach, Westminster, Garden Grove, Seal Beach, Los
10 Alamitos, and County of Orange; and
11 WHEREAS, AUTHORITY has contracted with Parsons Transportation Group, Inc., as the
12 Program Management Consultant (PMC) for this PROJECT, to assist with the administration and
13 oversight of the procurement, and design and construction phases of PROJECT; and
14 WHEREAS, AUTHORITY has contracted with Jacobs Project Management Co., as the
15 Construction Management Consultant (CMC) for this PROJECT, to assist with the administration and
16 oversight of the procurement, and construction phases of PROJECT; and
17 WHEREAS, AUTHORITY agrees to acquire right-of-way for PROJECT; and
18 WHEREAS, AUTHORITY shall ensure CONTRACTOR's compliance with all applicable
19 requirements contained in this Agreement; and
20 WHEREAS, CITY FACILITIES will potentially be impacted by PROJECT, and AUTHORITY
21 desires to collaborate with CITY during the development of the CONTRACT DOCUMENTS for the
22 selection of a CONTRACTOR, and during the design and construction of PROJECT; and
23 WHEREAS, AUTHORITY will provide contract administration for all phases of PROJECT work
24 on CITY FACILITIES, and work within CITY right-of-way, while adhering to State, Federal, and CITY
25 standards and requirements, as applicable; and
26 WHEREAS, AUTHORITY will reimburse CITY for actual costs for CITY SERVICES, as related to
Page 2 of 18
COOPERATIVE AGREEMENT NO. C-6-1126
1 improvements to CITY FACILITIES, and defined as:
2 • Review and approval of plans, specifications, and other pertinent engineering plans,
3 and reports, and for oversight construction inspection services
4 • Review and acceptance of Transportation Management Plan (TMP)
5 • Traffic engineering
6 • CITY police services
7 WHEREAS, the costs for the following elements of CITY SERVICES cannot be quantified and
8 priced at this time, as they will be developed by the CONTRACTOR upon CITY acceptance of the TMP.
9 In the event impacts are identified which affect CITY streets, the costs of these elements will be
10 developed, and AUTHORITY shall amend this Agreement to account for such costs:
11 • Costs for mitigation for reduction of pavement life related to impacts to CITY streets
12 along the signed, long-term detours CONTRACTOR; and
13 WHEREAS, notwithstanding Article 7, Maximum Obligation, it is the intent of this Agreement that
14 the CITY shall not be obligated to provide CITY SERVICES once the maximum obligation amount has
15 been expended, unless the Parties agree to an amendment of the maximum obligation amount; and
16 WHEREAS, CITY is the petitioner and AUTHORITY is named as a Respondent in litigation
17 captioned City of Seal Beach v. State of California Department of Transportation, Orange County
18 Transportation Authority, at al., Orange County Superior Court case number 30-2015-00799223-CU-
19 WM-CXC (LAWSUIT), which challenges the validity of the approval process and the California
20 Environmental Quality Act (CEQA) compliance for the PROJECT. AUTHORITY is also a respondent in
21 a similar legal action filed by the City of Long Beach. Either lawsuit, or both of them, could result in
22 judgments or settlements that could delay the PROJECT or alter elements of the PROJECT; and
23 WHEREAS, CITY's City Council approved this Agreement on the day of
24 , 20_; and
25 WHEREAS, AUTHORITY's Board of Directors authorized this Agreement on the r day of
26 /'►7�i�f , 201k.
Page 3 of 18
COOPERATIVE AGREEMENT NO. C-6-1126
1 NOW,THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows:
2 ARTICLE 1. COMPLETE AGREEMENT
3 A. This Agreement, including any attachments incorporated herein and made applicable by
4 reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this
5 Agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings,
6 and communications. The invalidity in whole or in part of any term or condition of this Agreement shall
7 not affect the validity of other term(s) or condition(s) of this Agreement. The above referenced Recitals
8 are true and correct and incorporated by reference herein.
9 B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any term(s)
10 or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's
11 right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation
12 in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall
13 not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized
14 representative of AUTHORITY by way of a written amendment to this Agreement and issued in
15 accordance with the provisions of this Agreement.
16 C. CITY's failure to insist on any instance(s)of AUTHORITY's performance of any term(s)or
17 condition(s)of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such
18 performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in
19 respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not
20 be binding upon CITY except when specifically confirmed in writing by an authorized representative of
21 CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of
22 this Agreement.
23 D. The Parties agree that the execution of this Agreement during the pendency of the
24 LAWSUIT is a matter of administrative cooperation. Nothing in this Agreement is intended by either
25 Party to constitute any waiver or dismissal of any claim, demand or defense that either Party may have
26 as against any other Party in the LAWSUIT, including any demand CITY or any other Party may make
Page 4 of 18
COOPERATIVE AGREEMENT NO. C-6-1126
1 against AUTHORITY, the PROJECT, or CALTRANS in the course of the LAWSUIT. Further, nothing
2 in this Agreement constitutes CITY's approval of, or consent to, any element of the PROJECT or
3 preliminary PROJECT plans. CITY does not, by executing this Agreement or by cooperating with
4 AUTHORITY, concede that AUTHORITY has the legal right to move forward with the work hereunder
5 prior to a final judgment in the LAWSUIT and AUTHORITY's compliance with such judgment, if
6 required. AUTHORITY proceeds with the PROJECT at its own risk.
7 ARTICLE 2. SCOPE OF AGREEMENT
8 This Agreement specifies the roles and responsibilities of the Parties as they pertain to the
9 subjects and projects addressed herein. Both AUTHORITY and CITY agree that each will cooperate and
10 coordinate with the other in all activities covered by this Agreement, and any amendments to this
11 Agreement.
12 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
13 AUTHORITY agrees to the following responsibilities for PROJECT:
14 A. To be the sponsor and funding agency to manage and administer the contract for
15 PROJECT, which includes preliminary engineering, right of way acquisition, and preparation of
16 CONTRACT DOCUMENTS to be used in the advertisement of a design-build RFP and for the selection
17 of a CONTRACTOR to perform full design-build activities, and other related services, including
18 improvements to CITY FACILITIES which are necessary as part of PROJECT.
19 B. To perform right-of-way acquisition and right-of-way certification for PROJECT, and
20 specifically, for CITY FACILITIES, if necessary.
21 C. To include within the CONTRACT DOCUMENTS, in regards to CITY FACILITIES, design
22 criteria which meets acceptable CITY standards in existence at the time the design-build RFP is released.
23 D. To coordinate with CITY during the development of the CONTRACT DOCUMENTS, and
24 afford the CITY the opportunity to review, and comment on the CONTRACT DOCUMENTS, in regards
25 to CITY FACILITIES, prior to the release of the RFP for PROJECT, and in accordance with the terms of
26 this Agreement.
Page 5 of 18
COOPERATIVE AGREEMENT NO. C-6-1126
1 E. To coordinate with CITY regarding review times to be included in CONTRACT
2 DOCUMENTS. The review times will be applicable to the design and construction of PROJECT in
3 regards to CITY FACILITIES. AUTHORITY will hold Joint Resolution Meetings(JRT)with CITY to resolve
4 CITY comments and obtain approvals, if applicable.
5 F. To coordinate the procurement, and design and construction of PROJECT with the CITY,
6 and hold regular technical and partnering meetings to brief the CITY on the status of PROJECT, solicit
7 input, and provide a forum to discuss and resolve PROJECT issues which impact the CITY.
8 G. To comply with all requirements of the Final Environmental Impact Report/Environmental
9 Impact Statement (FEIR/FEIS) for the PROJECT, including but not limited to the preparation and
10 processing of, as well as any and all supplemental environmental documents, including those required
11 for CITY FACILITY improvements for PROJECT,
12 H. If AUTHORITY encounters hazardous, archeological, paleontological, cultural, or other
13 protected materials and/or species within any existing or future CITY-owned right-of-way for the CITY
14 FACILITIES, AUTHORITY shall notify the CITY and responsible control agencies of such discovery.
15 I. The costs for any remediation or protection for Article 3, Paragraph H, shall be covered
16 as a PROJECT cost, provided that AUTHORITY may seek reimbursement from other third parties which
17 may be jointly or severally liable for such removal or protection.
18 J. To protect in place, rearrange or relocate after CITY consultation and concurrence, CITY
19 owned public utility facilities found to be in conflict with PROJECT. All conditions of this clause shall be
20 subject to utility agreements which are separate from, and outside of this Agreement.
21 K. To secure and comply with any and all other governmental and/or regulatory approvals,
22 permits and/or clearances required for the design and construction of CITY FACILITIES included in
23 PROJECT.
24 L. In the event CITY requests additional improvements, they shall be evaluated and
25 processed in accordance with Article 4, Paragraph L, of this Agreement.
26 M. To implement a Quality Management Plan during all phases of PROJECT.
Page 6 of 18
COOPERATIVE AGREEMENT NO. C-6-1126
1 N. To monitor all PROJECT activities to ensure compliance with the approved PROJECT
2 schedule, quality and budget goals of PROJECT.
3 O. To obtain concurrence for permanent easements, if required, for CITY FACILITIES.
4 P. To facilitate discussion between CITY, local agencies, and others regarding resolution of
5 ownership, operation, and maintenance of CITY FACILITIES.
6 Q. To coordinate with CALTRANS and CITY for preparation and execution of Maintenance
7 Agreements.
8 R. To convey to CITY ownership of any property acquired by AUTHORITY for PROJECT,
9 and which is necessary for CITY FACILITIES upon completion of the CITY FACILITIES, and title to such
10 right-of-way having been acquired by AUTHORITY. Conveyance of such property to the CITY shall be
11 completed through an executed Property Transfer Agreement with AUTHORITY. AUTHORITY shall
12 convey such property in a condition acceptable to the CITY and in accordance with CALTRANS' Right of
13 Way Manual.
14 S. To require CONTRACTOR to submit to CITY for review and approval, including but not
15 limited to, plans, specifications, and other pertinent engineering plans, and reports, for CITY FACILITIES
16 prior to construction thereof. During construction, CITY may provide construction oversight inspection
17 services. Such reviews and approvals, and construction oversight inspection services(CITY SERVICES)
18 shall be in accordance with the CONTRACT DOCUMENTS, and reimbursable to CITY by this
19 Agreement.
20 T. To require CONTRACTOR to prepare a TMP, and submit to CITY for review, comment,
21 and acceptance, in regards to construction related impacts to CITY. The TMP will address construction-
22 related impacts to existing CITY street traffic, and will include normal traffic handling requirements during
23 PROJECT construction including staging, lane closures, re-striping, detours, and signalization, and will
24 specify requirements for communicating with the public and local agencies during construction.
25 Modifications to streets, intersections, signals,etc.,required to address traffic impacts during construction
26 will be borne as a PROJECT cost. Such review and acceptance of TMP (CITY SERVICES) shall be in
Page 7 of 18
COOPERATIVE AGREEMENT NO. C-6-1126
1 accordance with the CONTRACT DOCUMENTS, and reimbursable to CITY by this Agreement.
2 U. To obtain a written acceptance of TMP from CITY.
3 V, To reimburse the CITY for its actual costs for traffic engineering services (including
4 staff overhead and third party traffic signal maintenance service costs contracted out by CITY), and
5 police services (including overtime costs). Ongoing deployment of police services related to
6 PROJECT traffic management will require prior approval by AUTHORITY. Such traffic engineering,
7 and police services (CITY SERVICES) shall be in accordance with the CONTRACT DOCUMENTS,
8 and reimbursable to CITY by this Agreement.
9 W. To monitor and ensure CONTRACTOR compliance with the TMP.
10 X. To work collaboratively with CITY, upon acceptance of TMP. In the event it is determined
11 that there are impacts to CITY streets, AUTHORITY shall prepare an established and approved visual
12 pavement study to evaluate the pre-detour conditions, and forecasted impacts to the CITY street
13 pavement used for signed, long-term freeway detours, and alternate route detours based on the period
14 of construction within the CITY limits. As the result of the study, and as agreed to by Parties,AUTHORITY
15 will reimburse CITY the exact amount of the agreed-to mitigation costs for the reduction of pavement life
16 for the detour routes, via an amendment to this Agreement. The dollar amount of pavement mitigation
17 (CITY SERVICES) shall be a one-time, lump sum maximum reimbursement amount, and no further
18 payment will be made toward the mitigation costs described herein.
19 Y. To require CONTRACTOR to repair street pavements sidewalks, curbs, driveways,
20 gutters and other CITY FACILITIES that receive damage as a result of construction. CONTRACTOR will
21 be required to adhere to CITY's requirements for removal and replacement of pavement in accordance
22 with the CONTRACT DOCUMENTS and this Agreement.
23 Z. To require CONTRACTOR to obtain a no fee encroachment permit from CITY prior to
24 commencing construction of PROJECT. Provided all conditions of such permit have been fulfilled, the
25 permits shall authorize CONTRACTOR to commence work within CITY right-of-way,or areas which affect
26 CITY FACILITIES.
Page 8 of 18
COOPERATIVE AGREEMENT NO. C-6-1126
1 AA. To monitor and ensure CONTRACTOR compliance with CITY's permit.
2 BB. To implement a Public Awareness Campaign during PROJECT that advises CITY, local
3 businesses, residents, elected officials, motorists, and media, of construction status, street detours, and
4 ramp and freeway closures, if and where applicable.
5 CC. To provide PROJECT closeout activities, including walk-through, punch list,final payment
6 accounting, and furnish approved "As-builts"to CITY for CITY FACILITIES.
7 DD. To develop a record of survey, final maps, and all necessary title transfers relative to
8 PROJECT.
9 EE. To reimburse CITY for combined costs identified as "CITY SERVICES", and in
10 accordance with attached SCHEDULE A, "REIMBURSEMENT SCHEDULE FOR COMBINED CITY
11 SERVICES."
12 FF. To reimburse CITY for actual costs, within 30 days of an acceptable invoice, which is
13 complete, properly prepared and complies with the requirements of ARTICLE 5, REQUEST FOR
14 REIMBURSEMENT, below.
15 GG. AUTHORITY's reimbursement for CITY SERVICES will not exceed the combined
16 maximum amount shown on SCHEDULE A.
17 HH. To perform all work associated with the PROJECT at no cost to the CITY, unless
18 specifically provided otherwise herein or in any amendment to this Agreement.
19 II. To cause all contractors and vendors who perform work or provide supplies for CITY
20 FACILITIES to name the CITY, its officers, agents, and employees, as an additional insured on policies
21 which the AUTHORITY is an additional insured and, prior to the commencement of work, provide
22 certificates of insurance to CITY showing the CITY as an additional insured.
23 ARTICLE 4. RESPONSIBILITIES OF CITY
24 CITY agrees to the following responsibilities for PROJECT:
25 A. To collaborate and cooperate with AUTHORITY during the development of the
26 CONTRACT DOCUMENTS for the RFP, and during the design and construction of PROJECT.
Page 9 of 18
COOPERATIVE AGREEMENT NO. C-6-1126
1 B. To provide CITY SERVICES for PROJECT as agreed by CITY and AUTHORITY.
2 C. To review, and provide comment on, in a timely manner, and in accordance with the
3 CONTRACT DOCUMENTS and this Agreement, all plans and other submittals related to PROJECT,and
4 approve and/or concur with AUTHORITY or CONTRACTOR's submittals when CITY determines such
5 submittals comply with CITY's standards and criteria to facilitate AUTHORITY's delivery of PROJECT.
6 D. To make available to AUTHORITY all necessary CITY regulations, policies, procedures,
7 manuals, standard plans, and specifications required for the construction of PROJECT when requested
8 by AUTHORITY.
9 E. To attend and participate in the PROJECT's regular technical and partnering meetings for
10 AUTHORITY to brief CITY on the status of PROJECT, and to provide a forum to discuss and to resolve
11 CITY's concerns and issues.
12 F. Upon award of a design-build contract by AUTHORITY, to make reasonable efforts and
13 devote reasonable resources for the issuance of encroachment permits, and other necessary permits, if
14 applicable, to CONTRACTOR at no fee, and upon CONTRACTOR's compliance with permit
15 requirements, to not cause delay to PROJECTS' construction schedule. Such permits shall authorize
16 CONTRACTOR to commence work within CITY right-of-way, or areas which affect CITY FACILITIES.
17 G. To make necessary efforts to coordinate and cooperate with AUTHORITY, its agents, and
18 contractors, to meet or exceed design-build schedule criteria as identified by AUTHORITY.
19 H. To waive any moratorium on the excavation or trenching work on CITY streets that were
20 recently resurfaced where such excavation or trenching are necessary for PROJECT. CONTRACTOR
21 will be required to adhere to CITY's requirements for the removal and replacement of pavement in
22 accordance with the CONTRACT DOCUMENTS and this Agreement.
23 I. To cooperate with AUTHORITY and use its best efforts to cause the rearrangement or
24 relocation of all municipal and public utility facilities, in accordance with applicable State or local franchises
25 or laws, that may be determined by AUTHORITY and CITY to be within CITY's jurisdiction and pose a
26 conflict with the PROJECT. CITY hereby agrees to exercise and invoke its rights under any applicable
Page 10 of 18
COOPERATIVE AGREEMENT NO. C-6-1126
1 State or local franchises or laws, or any prior rights or superior rights the CITY may have to effectuate
2 such rearrangement or relocation at the expense of the affected public utility as necessary to allow
3 completion of PROJECT. CITY shall cooperate with AUTHORITY and provide all appropriate and
4 necessary support to achieve this result. In the event the public utility fails to make the rearrangement
5 or relocation or fails to agree to make the rearrangement or relocation in a timely manner, CITY shall
6 assign to AUTHORITY its rights to rearrange or relocate said public utility under State law, or the
7 pertinent agreement or recorded instrument that CITY has with the public utility. CITY shall cooperate
8 with the AUTHORITY, provide assistance to the AUTHORITY as needed, and join with the
9 AUTHORITY as a party in the prosecution or defense of the CITY's and the AUTHORITY's rights
10 under the laws of the State of California to cause such rearrangements or relocations. Wherever
11 possible, any rearrangement or relocation of a public utility shall be made to an area covered by State
12 or local franchises or laws. All conditions of this clause shall be subject to utility agreements which
13 are separate from and outside of this Agreement.
14 J. To agree to take ownership of property acquired by AUTHORITY for PROJECT, and
15 which is necessary for CITY FACILITIES upon completion of the CITY FACILITIES, and title to such right-
16 of-way having been acquired by AUTHORITY. Conveyance of such property to the CITY shall be
17 completed through an executed Property Transfer Agreement with AUTHORITY. AUTHORITY shall
18 convey such property in a condition acceptable to CITY and in accordance with CALTRANS Right of Way
19 Manual.
20 K. To accept operation and maintenance of the CITY FACILITIES, or portion thereof, upon
21 their acceptance by AUTHORITY, and based upon the AUTHORITY's written certification that the
22 AUTHORITY has complied with all terms of the Agreement. The acceptance of the CITY FACILITIES
23 and written certification shall not unreasonably be withheld. CITY acknowledges that CITY FACILITIES
24 may be completed at different times and accepted in different stages of PROJECT.
25 L. In the event CITY requests additional CITY FACILITY improvements to be incorporated
26 into PROJECT after release of the RFP, CITY shall be solely responsible for all costs and expenses
Page 11 of 18
COOPERATIVE AGREEMENT NO. C-6-1126
1 related thereto, including: 1)the costs incurred to incorporate the improvements into the PROJECT's
2 scope of work; 2) additional design, construction and oversight costs arising from or associated with
3 the improvements, including change orders related thereto; 3) additional operations and maintenance
4 costs arising from or associated with the improvements, including change orders related thereto; and
5 4) costs associated with any impact on the design and construction schedule associated with the
6 improvements, including any associated PROJECT delay costs and damages. This is not intended
7 to eliminate mitigations for required PROJECT changes identified during construction.
8 AUTHORITY, at its sole discretion, may agree to incorporate such CITY FACILITY improvements,
9 via an amendment to this Agreement, identifying the CITY FACILITY improvements, estimated costs,
10 and funding sources from CITY for these improvements.
11 M. To submit monthly invoices to AUTHORITY for work completed and actual costs incurred
12 by CITY for CITY SERVICES, pursuant to ARTICLE 5. REQUEST FOR REIMBURSEMENT. CITY shall
13 submit final invoice no later than ninety (90) days after final acceptance of PROJECT. Any costs in
14 excess of the amounts specified herein shall not be incurred without a written amendment to this
15 Agreement.
16 ARTICLE 5. REQUEST FOR REIMBURSEMENT
17 In order for CITY to be reimbursed for incurred costs relative to PROJECT, CITY agrees:
18 A. To prepare and submit to AUTHORITY a monthly invoice with supporting
19 documentation. CITY's invoice shall include allowable PROJECT costs incurred and paid for by CITY.
20 The invoice submitted by CITY shall be signed by an authorized agent who can duly certify the
21 accuracy of the included information.
22 B. The invoice shall be submitted on CITY's letterhead.
23 C. The invoice shall be submitted by CITY, and in duplicate, to AUTHORITY's Accounts
24 Payable Office. Each invoice shall include the following information:
25 1. Agreement Number C- 6-1126
26 2. The total of PROJECT expenditures shall specify the percent and amount of funds
Page 12 of 18
COOPERATIVE AGREEMENT NO. C-6-1126
1 to be reimbursed, and include support documentation for all expenses invoiced. In the event there are
2 impacts to CITY street pavements, the one-time, lump sum amount for reimbursement of pavement
3 mitigation, will be exclude from this requirement.
4 3. Adequate detail describing all work completed. In the event there is pavement
5 mitigation, this detailed description will not be required.
6 4. Such other information as requested by AUTHORITY.
7 D. To consult with AUTHORITY's PROJECT Manager for questions regarding non-
8 reimbursable expenses.
9 E. That total payments shall not exceed the maximum obligation specified in ARTICLE 7.
10 MAXIMUM OBLIGATION.
11 ARTICLE 6. DELEGATED AUTHORITY
12 The actions required to be taken by CITY in the implementation of this Agreement are delegated
13 to its CITY Public Works Director, or designee, and the actions required to be taken by AUTHORITY in
14 the implementation of this Agreement are delegated to AUTHORITY's Chief Executive Officer or
15 designee.
16 ARTICLE 7. MAXIMUM OBLIGATION,
17 Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY
18 mutually agree that AUTHORITY's maximum cumulative payment obligation hereunder shall be One
19 Hundred Twenty Thousand Six Hundred Dollars ($120,600) unless agreed to and amended by both
20 Parties. In the event it is determined that pavement mitigation is required, AUTHORITY's maximum
21 cumulative obligation for pavement mitigation shall be addressed in a future amendment to this
22 Agreement
23 ARTICLE 8. AUDIT AND INSPECTION,
24 AUTHORITY and CITY shall maintain a complete set of records in accordance with generally
25 accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized
26 representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts,and
Page 13 of 18
COOPERATIVE AGREEMENT NO. C-6-1126
1 other data and records of CITY for a period of four (4) years after final payment, or until any on-going
2 audit is completed. For purposes of audit, the date of completion of this Agreement shall be the date of
3 AUTHORITY's payment of CITY's final billing (so noted on the invoice) under this Agreement.
4 AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above
5 provision with respect to audits shall extend to and/or be included in contracts with CITY's contractor or
6 consultant.
7 ARTICLE 9. INDEMNIFICATION
8 A. To the fullest extent permitted by law, CITY shall defend (at CITY's sole cost and expense
9 with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold harmless
10 AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from
11 and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration
12 awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and
13 attorney fees(collectively"Claims"), including but not limited to Claims arising from injuries to or death of
14 persons(CITY's employees included),for damage to property, including property owned by AUTHORITY,
15 or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent
16 acts, omissions or willful misconduct of CITY, its officers, directors, employees or agents in connection
17 with or arising out of the performance of this Agreement.
18 B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole
19 cost and expense with legal counsel reasonably acceptable to CITY), indemnify, protect, and hold
20 harmless CITY, its officers,directors, employees, and agents(collectively the"Indemnified Parties"),from
21 and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration
22 awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and
23 attorney fees (collectively"Claims"), including but not limited to Claims arising from injuries to or death of
24 persons(AUTHORITY's employees included),for damage to property, including property owned by CITY,
25 or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent
26 acts, omissions or willful misconduct of AUTHORITY, its officers, directors, employees or agents in
Page 14 of 18
COOPERATIVE AGREEMENT NO. C-6-1126
1 connection with or arising out of the performance of this Agreement.
2 C. The indemnification and defense obligations of this Agreement shall survive its expiration
3 or termination.
4 ARTICLE 10. ADDITIONAL PROVISIONS
5 A. Term of Agreement: The term of this Agreement shall be in full force and effect through
6 April 30, 2023.
7 B. Termination: In the event either Party defaults in the performance of its obligations under
8 this Agreement or breaches any of the provisions of this Agreement,the non-defaulting Party shall provide
9 written notice to the defaulting Party to cure such default within 30 days of such default. If the default
10 cannot be cured within such time, as determined by the non-defaulting Party, then the defaulting Party
11 shall have such additional time as provided in the written notice or such time as the Parties may otherwise
12 agree in writing. In any event,the non-defaulting Party shall promptly take such actions as are reasonably
13 necessary to cure the default. If the default or breach is material and not cured within the time provided
14 herein, either Party has the option, in addition to any other remedies available at law, to terminate this
15 Agreement upon thirty (30) days' prior written notice to the other Party.
16 C. Compliance with All Laws: AUTHORITY and CITY shall comply with all applicable federal,
17 state, and local laws, statues, ordinances and regulations of any governmental authority having
18 jurisdiction over the PROJECT.
19 D. Legal Authority: AUTHORITY and CITY hereto warrants that the persons executing this
20 Agreement are authorized to execute this Agreement on behalf of said Parties and that by so executing
21 this Agreement, the Parties hereto are formally bound to the provisions of this Agreement.
22 E. Severability: If any term, provision, covenant or condition of this Agreement is held to be
23 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
24 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
25 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
26 F. Counterparts of Agreement: This Agreement may be executed and delivered in any
Page 15 of 18
COOPERATIVE AGREEMENT NO. C-6-1126
1 number of counterparts, each of which, when executed and delivered shall be deemed an original and all
2 of which together shall constitute the same agreement. Facsimile signatures will be permitted.
3 G. Force Majeure: Either Party shall be excused from performing its obligations under this
4 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
5 cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God;
6 commandeering of material, products, plants or facilities by the federal, state or local government; national
7 fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of such cause
8 is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond
9 the control and is not due to the fault or negligence of the Party not performing.
10 H. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or
11 authority hereunder may be assigned in whole or in part by either Party without the prior written consent
12 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed
13 void and of no force and effect. Consent to one assignment shall not be deemed consent to any
14 subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.
15 I. Governing Law: The laws of the State of California and applicable local and federal laws,
16 regulations and guidelines shall govern this Agreement.
17 J. Litigation fees: In the event that either Party to this Agreement shall commence any legal
18 or equitable action to enforce or interpret this Agreement, the prevailing Party shall be entitled to recover
19 its costs of suit, including reasonable costs and attorney's fees as determined by the court.
20 K. Notices: Any notices, requests, or demands made between the Parties pursuant to this
21 Agreement are to be directed as follows:
22 /
23 /
24
25 /
26 !
Page 16 of 18
COOPERATIVE AGREEMENT NO. C-6-1126
1 To CITY To AUTHORITY
2 City of Seal Beach Orange County Transportation Authority
3 Public Works Department 550 South Main Street
4 211 Eighth Street P.O. Box 14184
5 Seal Beach, CA 90740 Orange, CA 92863-1584
6 Attention: Jim Basham Attention: Ms. Reem Hashem
7 Interim Director of Public Works Principal Contract Administrator
8 Tel: (562)431-2527, ext. 1313 Tel: (714) 560-5446
9 Email:jbasham @sealbeachca.gov Email: rhashem @octa.net
10 /
11 /
12 /
13 /
14 /
15 /
16 /
17 /
18 /
19 /
20 /
21 /
22 /
23 /
24 /
25 /
26 /
Page 17 of 18
COOPERATIVE AGREEMENT NO. C-6-1126
1 This Agreement shall be made effective upon execution by both Parties.
2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-6-1126 to be
3 executed on the date first above written.
4 CITY OF SEAL BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY
5
6 By:, By:
Sandra Massa-Lavitt Darrell Johnson
7 Mayor Chief Executive Officer
8 ATTEST: APPROVED AS TO FORM:
9
10 By: By:
Robin Roberts -mes Donich
11 City Clerk General Counsel
12 APPROVAL RECOMMENDED: APPROVAL RECOMMENDED:
13
14 By: By:
15 Jim Basham Jim Beil, P.E.
Interim Public Works Director Executive Director, Capital Programs
16 APPROVED AS TO FORM
17
18 BY:
Craig Steele
19 City Attorney
20
21 Dated: Dated:
22
23 Attachment:
24 Schedule A- Reimbursement Schedule for Combined City Services
25
Page 18 of 18
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Attachment "C"
ORANGE COUNTY TRANSPORTATION AUTHORITY
PRELIMINARY ENGINEERING AGREEMENT
DISTRICT COUNTY ROUTE POST MILE EA PROJECT ID
9.3-24.2
12 Orange 1-405 12- 1200000180
OH 1000
FEDERAL AID NUMBER OWNER'S PLAN NUMBER
HPLULN-6071(043) N/A
FEDERAL PARTICIPATION
On the project ® YES ❑ NO On the Utilities ❑ YES ® NO
PRELIMINARY ENGINEERING AGREEMENT NO. UK100002 DATE
The Orange County Transportation Authority (OCTA) in cooperation with the California
Department of Transportation ("Caltrans") is proposing to improve Interstate 405 between State Route 73
and Interstate 605 (Project). OCTA and Caltrans have entered into a Cooperative Agreement relating to the
Project under which Caltrans will provide Project oversight and upon completion of the Project, Caltrans
will continue to own and maintain the I-405.
City of Seal Beach
Hereinafter referred to as "OWNER", owns and maintains
• 10" Sewer in 22" Steel Casing, SB-S1181
• 18" Sewer in 33" Concrete Casing, SB-S2097
within the limits of the OCTA Project which requires
preliminary relocation plans
to accommodate OCTA's Project.
It is hereby mutually agreed between OCTA and OWNER as follows:
I. WORK TO BE PERFORMED
In accordance with Notice to Owner No.SB-S1181 and SB-S2097 dated June 1, 2016,
OWNER shall prepare their relocation plans. Any revision to the OWNER's plan described
above, after approval by the OCTA, shall be agreed upon by both parties hereto under a
Revised Notice to Owner. Such Revised Notices to Owner, approved by the OCTA and
13.07 - 2 (REV 7/2005) agreed to/acknowledged by the OWNER, will constitute an
approved revision of the OWNER's plan described above and are hereby made a part
hereof. No redesign or additional engineering, after approval by OCTA, shall commence
prior to written execution by the OWNER of the Revised Notice to Owner and may require
an amendment to this Agreement in addition to the revised Notice to Owner.
04-05-2016
PRELIMINARY ENGINEERING AGREEMENT Page 2 of 6
PRELIMINARY ENGINEERING AGREEMENT NO.
UK100002
II. LIABILITY FOR WORK
The existing facilities are lawfully maintained in their present location and qualify for
relocation at OCTA expense under the provisions of Section 703 of the Streets and
Highways Code.
III. PERFORMANCE OF WORK
Engineering services for preliminary engineering utility relocation activities and studies are
to be furnished by the consulting engineering firm on a fee basis previously approved by
OCTA. Cost principles for determining the reasonableness and allowability of consultant
costs shall be determined in accordance with 48 CFR, Chapter 1, Part 31; 23 CFR, Chapter 1,
Part 645; and OMB Circular A-87, as applicable.
Engineering services for preliminary engineering are to be furnished by the Utility Owner
and approved by OCTA. Cost principles for determining the reasonableness and allowability
of OWNER's costs shall be determined in accordance with 48 CFR, Chapter 1, Part 31; 23
CFR, Chapter 1, Part 645; and 18 CFR, Chapter 1, Parts 101, 201 and OMB Circular A-87,
as applicable.
Use of out-of-state personnel (or personnel requiring lodging and meal "per diem" expenses)
will not be allowed without prior written authorization by OCTA's representative. Requests
for such authorization must be contained in OWNER's estimate of actual and necessary
relocation costs. Accounting Form FA-1301 is to be completed and submitted for all non-
State personnel travel per diem. OWNER shall include an explanation why local employee or
contract labor is not considered adequate for the relocation work proposed. Per Diem
expenses shall not exceed the per diem expense amounts allowed under the State's
Department of Personnel Administration travel expense guidelines.
Work performed directly by OWNER's employees falls within the exception of Labor Code
Section 1771 and is not subject to prevailing wages. OWNER shall verify compliance with
this requirement in the administration of its contracts referenced above.
IV. PAYMENT FOR WORK
The initial, estimated cost of the Owner's preliminary engineering is Thirty-Two Thousand,
Five Hundred Dollars ($32,500.00). Final actual costs may be more or less than such
estimate,which will not be construed as a limitation of costs for the preliminary engineering.
OCTA shall pay its share of the actual and necessary cost of the herein described work
within 45 days after receipt of OWNER's itemized bill, signed by a responsible official of
OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the
actual and necessary cost and expense. The OWNER shall maintain records of the actual
costs incurred and charged or allocated to the project in accordance with recognized
accounting principles.
PRELIMINARY ENGINEERING AGREEMENT Page 3 of 6
PRELIMINARY ENGINEERING AGREEMENT NO.
UK100002
It is understood and agreed that OCTAwill not pay for any betterment or increase in
capacity of OWNER's facilities in the new location and that OWNER shall give credit to
OCTAretained or sold by OWNER.
Not more frequently than once a month, but at least quarterly, OWNER will prepare and
submit itemized progress bills for costs incurred, not to exceed OWNER's recorded costs as
of the billing date less estimated credits applicable to completed work. Payment of progress
bills, not to exceed the amount of this Agreement, may be made under the terms of this
Agreement. Payment of progress bills which exceed the amount of this Agreement may be
made after receipt and approval by OCTA of documentation supporting the cost increase and
after an Amendment to this Agreement has been executed by the parties to it.
The OWNER shall submit a final bill to OCTA within 360 days after the completion of the
work described in Section I above. If OCTA has not received a final bill within 360 days
after notification of completion of OWNER's work described in Section I of this Agreement,
and OCTA has delivered to OWNER fully executed Director's Deeds, Consents to Common
Use or Joint Use Agreements for OWNER's facilities (if required), OCTA will provide
written notification to OWNER of its intent to close its file within 30 days. OWNER hereby
acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have
been abandoned. If OCTA processes a final bill for payment more than 360 days after
notification of completion of OWNER's work, payment of the late bill may be subject to
allocation and/or approval by OCTA.
The final billing shall be in the form of an itemized statement of the total costs charged to the
project, less the credits provided for in this Agreement, and less any amounts covered by
progress billings. However, OCTA shall not pay final bills which exceed the estimated cost
of this Agreement without documentation of the reason for the increase of said cost from the
OWNER and approval of documentation by OCTA. Except, if the final bill exceeds the
OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for
in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either
case, payment of the amount over the estimated cost of this Agreement may be subject to
allocation and/or approval by OCTA.
In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an
Amended Agreement shall be executed by the parties to this Agreement prior to the payment
of the OWNER'S final bill. Any and all increases in costs that are the direct result of
deviations from the work described in Section I of this Agreement shall have the prior
concurrence of OCTA.
Detailed records from which the billing is compiled shall be retained by owner for a period
of three years from the date of final payment and will be available for audit by OCTA, State
and/or Federal auditors. In performing work under this Agreement, owner agrees to comply
with the Uniform System of Accounts for Public Utilities found at 18 CFR Part 101, 201, et
ah, and, to the extent they are applicable to owner doing work on the project that is the
PRELIMINARY ENGINEERING AGREEMENT Page 4 of 6
PRELIMINARY ENGINEERING AGREEMENT NO.
UK100002
subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR,
Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645, and 2 CFR Part 200 et al. If a
subsequent OCTA, State and/or Federal audit determines payments to be unallowable,
owner agrees to reimburse agency upon receipt of agency billing. If OWNER is subject to
repayment due to failure by OCTA to comply with applicable laws, regulations, and
ordinances then OCTA will ensure that OWNER is compensated for actual cost in
performing work under this agreement.
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of OCTA's request of March 10, 2015 (SB-S 1181)
and April 13, 2016 (SB-S2097) to review, study and/or prepare relocation plans and
estimates for the project associated with this Agreement may be billed pursuant to the terms
and conditions of this Agreement.
If OCTA's project which precipitated this Agreement is canceled or modified so as to
eliminate the necessity of work by OWNER, OCTA will notify OWNER in writing and
OCTA reserves the right to terminate this Agreement by Amendment. The Amendment shall
provide mutually acceptable terms and conditions for terminating the Agreement. Such
terms will include OCTA's agreement to pay all costs incurred by Owner in its performance
of preliminary engineering and study work upon the submissions of invoices.
OWNER shall submit a Notice of Completion to OCTA within 30 days of the completion of
the work described herein.
It is understood that said highway is a Federal aid highway and accordingly, 23 CFR,
Chapter 1, Part 645 is hereby incorporated into this Agreement.
In addition, the provisions of 23 CFR 635.410, Buy America, are also incorporated into this
agreement. The Buy America requirements are further specified in Moving Ahead for
progress in the 21st Century (MAP-21), section 1518; 23 CFR 635.410 requires that all
manufacturing processes have occurred in the United States for steel and iron products
(including the application of coatings) installed on a project receiving funding from the
FHWA.
This Agreement is for preliminary design and as such, OCTA represents and warrants that
this Agreement is not subject to 23 CFR 635.410, the Buy America provisions.
It is expressly understood by the Parties that Owner is not, in executing this Agreement,
abandoning any pre-existing right, title or interest it may have in any land or facilities, all
such rights, title and interest being expressly reserved.
The terms of this Agreement shall be binding and inure to the benefits of the Parties hereto.
PRELIMINARY ENGINEERING AGREEMENT Page 5 of 6
PRELIMINARY ENGINEERING AGREEMENT NO.
UK100002
THE ESTIMATED COSTS TO THE OWNER FOR ITS SHARE OF THE ABOVE
DESCRIBED WORK IS $32,500.
Signatures on Following Page
PRELIMINARY ENGINEERING AGREEMENT Page 6 of 6
PRELIMINARY ENGINEERING AGREEMENT NO.
UK100002
SIGNATURE PAGE
TO
PRELIMINARY ENGINEERING AGREEMENT NO.
UK100002
IN WITNESS WHEREOF, the above parties have executed this Agreement on the dates below.
Owner:
CITY OF SEAL BEACH ORANGE COUNTY
TRANSPORTATION AUTHORITY,
a public entity
APPROVED APPROVED
By: By:
Title: Jim Beil
Executive Director,
Capital Programs
Date: Date:
APPROVED AS TO FORM:
By: By:
Title: James M. Donich
General Counsel
Date: Date:
ORANGE COUNTY TRANSPORTATION AUTHORITY
PRELIMINARY ENGINEERING AGREEMENT
DISTRICT COUNTY ROUTE POST MILE EA PROJECT ID
9.3-24.2
12 Orange 1-405 12- 1200000180
OH 1000
FEDERAL AID NUMBER OWNER'S PLAN NUMBER
HPLULN-6071(043) N/A
FEDERAL PARTICIPATION
On the project ® YES ❑ NO On the Utilities ❑ YES ® NO
PRELIMINARY ENGINEERING AGREEMENT NO. UK100001 DATE
The Orange County Transportation Authority (OCTA) in cooperation with the California
Department of Transportation ("Caltrans") is proposing to improve Interstate 405 between State Route 73
and Interstate 605 (Project). OCTA and Caltrans have entered into a Cooperative Agreement relating to the
Project under which Caltrans will provide Project oversight and upon completion of the Project, Caltrans
will continue to own and maintain the I-405.
City of Seal Beach
Hereinafter referred to as "OWNER", owns and maintains
• 12 inch ACP Crossing the I-405, SB-W4063
• 12 inch WSP within Bolsa Chica Channel east side, SB-W4036
within the limits of the OCTA Project which requires
preliminary relocation plans
to accommodate OCTA's Project.
It is hereby mutually agreed between OCTA and OWNER as follows:
I. WORK TO BE PERFORMED
In accordance with the Notice to Owner No. SB-W4063 and SB-W4036 dated June 1,
2016, Owner shall prepare preliminary engineering utility relocation studies for the utility
relocation work on the following Design Build project: Interstate 405 between State Route
73 and Interstate 605 (Project). Any revision to the Owner's preliminary engineering
studies, after approval by OCTA shall be agreed upon by both parties hereto under a
Revised Notice to Owner. Such Revised Notices to Owner, approved by OCTA and agreed
to/acknowledged by the OWNER, will constitute an approval revision of the OWNER's
preliminary engineering studies described above and are hereby made a part hereof. No
redesign or additional engineering, after approval by OCTA, shall commence prior to
written execution by the OWNER of the Revised Notice to Owner and may require an
amendment to this agreement in addition to the Notice to Owner.
04-05-2016
PRELIMINARY ENGINEERING AGREEMENT Page 2 of 6
PRELIMINARY ENGINEERING AGREEMENT NO.
UK100001
II. LIABILITY FOR WORK
OCTA shall pay all actual preliminary engineering utility relocation studies expenses
for utility studies according to the Pilot Program approved by the Department of
Transportation on the Design Build project in the letter dated October 27, 2015.
III. PERFORMANCE OF WORK
Engineering services for preliminary engineering utility relocation activities and studies are
to be furnished by the consulting engineering firm on a fee basis previously approved by
OCTA. Cost principles for determining the reasonableness and allowability of consultant
costs shall be determined in accordance with 48 CFR, Chapter 1, Part 31; 23 CFR,
Chapter 1, Part 645; and OMB Circular A-87,as applicable.
Engineering services for preliminary engineering are to be furnished by the Utility Owner and
approved by OCTA. Cost principles for determining the reasonableness and allowability of
OWNER's costs shall be determined in accordance with 48 CFR, Chapter 1, Part 31; 23 CFR,
Chapter 1, Part 645; and 18 CFR, Chapter 1, Parts 101, 201 and OMB Circular A-87, as
applicable.
Use of out-of-state personnel (or personnel requiring lodging and meal "per diem" expenses)
will not be allowed without prior written authorization by OCTA's representative. Requests
for such authorization must be contained in OWNER's estimate of actual and necessary
relocation costs. Accounting Form FA-1301 is to be completed and submitted for all non-
State personnel travel per diem. OWNER shall include an explanation why local employee or
contract labor is not considered adequate for the relocation work proposed. Per Diem
expenses shall not exceed the per diem expense amounts allowed under the State's
Department of Personnel Administration travel expense guidelines.
Work performed directly by Owner's employees falls within the exception of Labor Code
Section 1771 and is not subject to prevailing wages. OWNER shall verify compliance with
this requirement in the administration of its contracts referenced above.
IV. PAYMENT FOR WORK
The initial, estimated cost of the Owner's preliminary engineering is Thirty-Two Thousand,
Five Hundred Dollars ($32,500.00). Final actual costs may be more or less than such
estimate,which will not be construed as a limitation of costs for the preliminary engineering.
OCTA shall pay its share of the actual and necessary cost of the herein described work
within 45 days after receipt of OWNER's itemized bill, signed by a responsible official of
OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the
actual and necessary cost and expense incurred and charged or allocated to said work in
accordance with the uniform system of accounts prescribed for OWNER by the California
PRELIMINARY ENGINEERING AGREEMENT Page 3 of 6
PRELIMINARY ENGINEERING AGREEMENT NO.
UK100001
Public Utilities Commission, Federal Energy Regulatory Commission or Federal
Communications Commission,whichever is applicable.
It is understood and agreed that OCTA will not pay for any betterment or increase in capacity
of OWNER's facilities in the new location and that OWNER shall give credit to OCTA for
the accrued depreciation of the replaced facilities and for the salvage value of any material or
parts salvaged and retained or sold by OWNER.
Not more frequently than once a month, but at least quarterly, OWNER will prepare and
submit itemized progress bills for costs incurred, not to exceed OWNER's recorded costs as
of the billing date less estimated credits applicable to completed work. Payment of progress
bills, not to exceed the amount of this Agreement, may be made under the terms of this
Agreement. Payment of progress bills which exceed the amount of this Agreement may be
made after receipt and approval by OCTA of documentation supporting the cost increase and
after an Amendment to this Agreement has been executed by the parties to it.
The OWNER shall submit a final bill to OCTA within 360 days after the completion of the
work described in Section I above. If OCTA has not received a final bill within 360 days
after notification of completion of OWNER's work described in Section I of this Agreement,
and OCTA has delivered to OWNER fully executed Director's Deeds, Consents to Common
Use or Joint Use Agreements for OWNER's facilities (if required), OCTA will provide
written notification to OWNER of its intent to close its file within 30 days. OWNER hereby
acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have
been abandoned. If OCTA processes a final bill for payment more than 360 days after
notification of completion of OWNER's work, payment of the late bill may be subject to
allocation and/or approval by OCTA.
The final billing shall be in the form of an itemized statement of the total costs charged to the
project, less the credits provided for in this Agreement, and less any amounts covered by
progress billings. However, OCTA shall not pay final bills which exceed the estimated cost
of this Agreement without documentation of the reason for the increase of said cost from the
OWNER and approval of documentation by OCTA. Except, if the final bill exceeds the
OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for
in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either
case, payment of the amount over the estimated cost of this Agreement may be subject to
allocation and/or approval by OCTA.
In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an
Amended Agreement shall be executed by the parties to this Agreement prior to the payment
of the OWNER'S final bill. Any and all increases in costs that are the direct result of
deviations from the work described in Section I of this Agreement shall have the prior
concurrence of OCTA.
Detailed records from which the billing is compiled shall be retained by owner for a period
of three years from the date of final payment and will be available for audit by State and/or
PRELIMINARY ENGINEERING AGREEMENT Page 4 of 6
PRELIMINARY ENGINEERING AGREEMENT NO.
UK100001
Federal auditors. In performing work under this Agreement, owner agrees to comply with
the Uniform System of Accounts for Public Utilities found at 18 CFR Part 101, 201, et ah,
and, to the extent they are applicable to owner doing work on the project that is the subject
of this agreement, the contract cost principles and procedures as set forth in 48 CFR,
Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645, and 2 CFR Part 200 et al. If a
subsequent State and/or Federal audit determines payments to be unallowable, owner agrees
to reimburse agency upon receipt of agency billing. If owner is subject to repayment due to
failure by State/Local Public Agency (LPA) to comply with applicable laws, regulations,
and ordinances then State/LPA will ensure that owner is compensated for actual cost in
performing work under this agreement.
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of OCTA's request of March 6, 2015 (SB-W4063)
and March 10, 2015 (SB-W4036) to review, study and/or prepare relocation plans and
estimates for the project associated with this Agreement may be billed pursuant to the terms
and conditions of this Agreement.
If OCTA's project which precipitated this Agreement is canceled or modified so as to
eliminate the necessity of work by OWNER, OCTA will notify OWNER in writing and
OCTA reserves the right to terminate this Agreement by Amendment. The Amendment shall
provide mutually acceptable terms and conditions for terminating the Agreement. Such
terms will include OCTA's agreement to pay all costs incurred by Owner in its performance
of preliminary engineering and study work upon the submissions of invoices.
OWNER shall submit a Notice of Completion to OCTA within 30 days of the completion of
the work described herein.
It is understood that said highway is a Federal aid highway and accordingly, 23 CFR,
Chapter 1, Part 645 is hereby incorporated into this Agreement.
In addition, the provisions of 23 CFR 635.410, Buy America, are also incorporated into this
agreement. The Buy America requirements are further specified in Moving Ahead for
progress in the 21st Century(MAP-21), section 1518; 23 CFR 635.410 requires that all
manufacturing processes have occurred in the United States for steel and iron products
(including the application of coatings) installed on a project receiving funding from the
FHWA.
This Agreement is for preliminary design and as such, OCTA represents and warrants that
this Agreement is not subject to 23 CFR 635.410,the Buy America provisions.
It is expressly understood by the Parties that Owner is not, in executing this Agreement,
abandoning any pre-existing right,title or interest it may have in any land or facilities, all
such rights, title and interest being expressly reserved.
PRELIMINARY ENGINEERING AGREEMENT Page 5 of 6
PRELIMINARY ENGINEERING AGREEMENT NO.
UK100001
The terms of this Agreement shall be binding and inure to the benefits of the Parties hereto.
THE ESTIMATED COSTS TO THE OWNER FOR ITS SHARE OF THE ABOVE
DESCRIBED WORK IS $32,500.
Signatures on Following Page
PRELIMINARY ENGINEERING AGREEMENT Page 6 of 6
PRELIMINARY ENGINEERING AGREEMENT NO.
UK100001
SIGNATURE PAGE
TO
PRELIMINARY ENGINEERING AGREEMENT NO.
UK100001
IN WITNESS WHEREOF, the above parties have executed this Agreement on the dates below.
Owner:
CITY OF SEAL BEACH ORANGE COUNTY
TRANSPORTATION AUTHORITY,
a public entity
APPROVED APPROVED
By: By:
Title: Jim Beil
Executive Director,
Capital Programs
Date: Date:
APPROVED AS TO FORM:
By: By:
Title: James M. Donich
General Counsel
Date: Date:
Attachment "D"
_. 07-Ora-22 0.0/R0.7
07-Ora-405 20.8/24.0
07-Ora-605 T2..7/R0.1
In the City of Seal Beach on
:Route 22 for the portions
between the Los Angeles/
Orange County Line and the
City .Limit at Bolsa Chica Road
• On Route 405 between the City
7:4mit at .Bolsa Chica Road and
• the Los Alamitos-City Limit
near the San Gabriel River
On _Route 605 between Route 22
and the Los Alamitos City
limit near the San Gabriel
River
FREEWAY AGREEMENT •
THIS AGREEMENT, made and entered into this
/D71X day of
fh//y , 1978 , by and between the STATE OF CALIFORNIA,
acting by and through the Department of Transportation (herein
referred to as "STATE") , and the CITY OF SEAL BEACH (herein
referred to as "CITY") ,
WITNESSETH:
SREAS, the highways described above have been declared to
be freeways by Resolutions of the California Highway Commission
on October 20, 1954, February 19, 1953., and -December 15, 1954; and
WHEREAS, STATE and COUNTY OF ORANGE have entered into a
Freeway :Agreement dated February 8,, 1956, relating to that portion .
of State Highway Route 22 from the Los Angeles-Orang,' County Line
to Santa .Ana city limit near Bristol .Street; and
WHEREAS, STATE and COUNTY OF ORANGE have entered,into a Free-
way Agreement dated February 8, 1956, relating to that portion of
State Highway Route 405 from Bristol Street to the Los Angeles- .
Orange County Line; and
Wt7HEREAS, STATE and CITY have entered into a Freeway Agreement
dated November 1, 1962, :relating to that portion of State Highway
Route 405 from the Seal Beach city limit at Bolsa Chica Road to
1/2 mile west of Los Alamitos Boulevard; and
WHEREAS, STATE and COUNTY OF ORANGE have entered into a Freeway
Agreement dated February 13, 1962, relating to that portion of State
Highway Route 605 from State Route _22 to the Los Alamitos city limit
at Katella Avenue; and
WHEREAS, subsequent to the aforementioned Freeway Agreements
the CITY• annexed certain territories between Bolsa Chica Road and
the San Gabriel River; and
WHEREAS., a revised plan map for such freeways has been prepared
showing the proposed plan of the STATE as it affects streets of the
. CITY'; and
"WHEREAS, it is the mutual desire of the parties hereto to enter
into a :new Freeway Agreement -in accordance with the revised :plan of
said freeways;
NOW, THEREFORE, IT IS AGREED::
1. This Agreement supersedes that portion of said Freeway
Agreement for "Route 22 dated February 8, 1956, from the Los Angeles-
Orange County line to the city limit at Bolsa Chica Road.
2,. This Agreement supersedes that portion of said Freeway
Agreement for Route 405 dated February 8, 1956, from the city limit.
at Boisa Chica Road to the .Los Alamitos city limit. near the San I
Gabriel River.
3.. This agreement supersedes in its entirety said Freeway
Agreement for Route 405 dated November 1, 1962..
4... This agreement supersedes. that portion of said Freeway
.Agreement for Route 605 dated February 13, 1962, from Route 22 to
the :tds Alamitos city limit near the San Gabriel River..
5. CITY agrees and consents to the closing of CITY streets,
relocation of CITY streets, construction of frontage .roads and
other local roads, ,and other construction affecting CITY streets,
all as shown on said plan map attached hereto marked Exhibit B, and
made a part hereof by this reference..
6. STATE shall, in construction of the freeway and at STATE'S
expense, make such changes affecting CITY streets in accordance with
the plan map attached hereto marked Exhibit B. STATE may, at STATE'S
expense, install signs, signals, and other traffic control devices
at appropriate locations to be determined by STATE in order to regu-
late, warn, or guide traffic upon the highways-
/. STATE agrees to acquire all necessary right of way as
may be required for construction, reconstruction, or alteration of
CITY streets, frontage roads, and other local roads, and CITY hereby
authorizes STATE to acquire in its behalf all such necessary right
of way.
8.. CITY will accept control and maintenance over each of the
relocated or .reconstructed CITY streets, and the frontage roads,
and other STATE constructed local roads on receipt of written notice
to CITY from STATE that the work thereon has been completed., except
for any portion which is adopted by STATE as .a part of the freeway
• -
■
•
proper. CITY will also accept title to the portions of such roads
:lying outside the freeway limits, upon _relinquishment by STATE.
9. This Agreement may be modified at any time by the mutual
consent of, the parties hereto, as may become necessary for the
best-accomplishment, through STATE and CITY cooperation, of the
whole freeway project for the benefit of the people of the STATE
and of the CITY. 0
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective duly authorized
officers.
•STATE OF CALIFORNIA THE CITY OF SEAL BEAC.H
Department of Transportation
ADRIANA GIANTURCO
Director of Transportation
APP OVED AS TO FORM:
APPROVED a
(City)• 4/`
Division of Proj-ect Development 2tte°1411"
•
APPROVED AS TO FORM:
.A torney (State)
- MINUTE EXCERPT
Seal Beach, California
July 10, 1978 .
The City Council of the City of Seal. Beach met in regular session
at 8:00 o'clock p.m. with Mayor Laszlo calling the meeting to
order with the Salute to the Flag.
ROLL CALL
Present: Mayor Laszlo
Councilmen Gray, Kredell, Seitz, Weir
Absent: None •
CONSENT CALENDAR
• Councilman Gray requested items "A" and "C" removed from the Consent t
Calendar. heir moved, second by Kredell, to approve the recommended • i
action for items on the Consent Calendar as presented.
1T4 B - SUPERSEDING FREEWAY AGREEMENT .
Approved the Superseding Freeway Agreement between the
. City of Seal Beach and the State of California,
:Department of Transportation and authorized the Mayor
to execute the Agreement on behalf of the City.
AYES: Gray, Kredell, Laszlo, Seitz, Weir
NOES: Nome • Motion carried
_STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
1, Jerdys Weir, duly elected City Clerk and ex-officio clerk of the
Seal Beach City Council, do hereby certify that the above is a true t
and correct copy of the minute order on file in the office of the •
City Clerk, passed, approved and adopted by the City Council at a
lar meeting thereof heid July 10, 1978.
. ii .
_`..„..---(- (_)„.. ..,.. '
e .ys W- r, City Clerk '
City of Seal Beach •
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Attachment "E"
12 - ORA -405 —PM 20.8/24.2
In the City of Seal Beach
From the Westminster City Limit near
Bolsa Chica Road to the Los Angeles County Line
Junction to Route 605
FREEWAY AGREEMENT
THIS AGREEMENT,made and entered into on this day of
, 20 , by and between the STATE OF CALIFORNIA acting by
and through the Department of Transportation (herein referred to as "STATE"), and the
City of Seal Beach(herein referred to as "CITY"),
WITNESSETH:
WHEREAS, the highway described above has been declared to be a freeway by
Resolution of the California Highway Commission on February 19, 1953; and
WHEREAS, STATE and CITY have entered into a Freeway Agreement dated July
10, 1978, relating to that portion of State Highway Route 405 from the city limit at Bolsa
Chica Road and the Los Alamitos city limit near the San Gabriel River; and
WHEREAS, a revised plan map for such freeway has been prepared showing the
proposed plan of the STATE as it affects streets of the CITY; and
WHEREAS, it is the mutual desire of the parties hereto to enter into a new Freeway
Agreement in accordance with the revised plan of said freeway;
NOW, THEREFORE, IT IS AGREED:
1. This Agreement supersedes in its entirety said Freeway Agreement, dated July 10,
1978 for Route 405 only.
2. CITY agrees and consents to the closing of CITY streets,relocation of CITY
streets, construction of frontage roads and other local streets, and other construction
affecting CITY streets, all as shown on the plan map attached hereto,marked Exhibit A,
and made a part hereof by this reference.
3. The obligations of STATE and CITY with respect to the funding and construction
of the freeway project will always be dealt with in separate Cooperative Agreement(s)
between the parties, and any amendments thereto, or Encroachment Permits issued to
CITY. The parties responsible for the construction of the freeway shall make any
changes affecting CITY streets only in accordance with the plan map attached hereto,
marked Exhibit A.
1
12 - ORA -405 —PM 20.8/24.2
In the City of Seal Beach
From the Westminster City Limit near
Bolsa Chica Road to the Los Angeles County Line
Junction to Route 605
4. The obligations of STATE and CITY with respect to the acquisition of the rights
of way required for the construction,reconstruction, or alteration of the freeway and
CITY streets, frontage roads, and other local streets will always be dealt with in separate
Cooperative Agreement(s)between the parties, and any amendments thereto or
Encroachment Permits issued to CITY.
5. It is understood between the parties that the rights of way may be acquired in
sections or units, and that both as to the acquisition of right of way and the construction
of the freeway project, the obligations of STATE and CITY hereunder shall be carried
out at such time and for such unit or units of the project as funds are budgeted and made
lawfully available for such expenditures.
6. CITY will accept control and maintenance over each of the relocated or
reconstructed CITY streets, any frontage roads, and other local streets constructed as part
of the project, on receipt of written confirmation that the work thereon has been
completed, except for any portion which is adopted by STATE as a part of the freeway
proper. If acquired by STATE, CITY will accept title to the portions of such streets lying
outside the freeway limits upon relinquishment by STATE.
7. This Agreement may be modified at any time by the mutual consent of the parties
hereto, as needed to best accomplish, through STATE and CITY cooperation, the
completion of the whole freeway project for the benefit of the people of the STATE and
of the CITY.
2
12 - ORA -405 —PM 20.8/24.2
In the City of Seal Beach
From the Westminster City Limit near
Bolsa Chica Road to the Los Angeles County Line
Junction to Route 605
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective duly authorized officers.
STATE OF CALIFORNIA
Department of Transportation
MALCOLM DOUGHERTY
Director of Transportation THE CITY OF SEAL BEACH
By By
RYAN CHAMBERLAIN Mayor
District 12 Director
APPROVED AS TO FORM: APPROVED AS TO FORM:
Attorney(State) City Attorney
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