HomeMy WebLinkAboutCC AG PKT 2008-01-14 #Z
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AGENDA REPORT
DATE: January 14, 2008
TO: Honorable Mayor and City Councll
TIIRU: DaVId N. Carmany, City Manager
FROM: Vince Mastrosimone, Director of Pubhc Works
SUBJECT: SEAL BEACH BOULEVARD AND 1-405 BRIDGE APPROACH
WIDENING CALTRANS COOPERATIVE AGREEMENT
(CONSTRUCTION) 12-505, PROJECT No" 49750
SUMMARY OF REQUEST:
City COUDcll adopt the Resolution No. and authorize the City Manager to sign the
Cahfornia Department of Transportation (Caltrans) Cooperative Agreement (Construction) 12-
505 for the Seal Beach Boulevard and Interstate 405 Bndge Approach Widening Project No.
49750.
BACKGROUND:
In May of 2003, the City obtamed Caltrans approval for the Project Study ReportJProject Report
(pSRlPR) for the Seal Beach Boulevard and Interstate 405 Bridge Approach Wldemng Project
No. 49750. This project report Identifies the first phase of the project that Will widen the existing
eXit ramps to prOVide for an add1t1onal nght turn lane, widen the ramp intersections to provide
dual left turn lanes, and wldenmg of the 1-405 over crossing approaches. ThiS phase Will prevent
both the North and South mtersecttons of 1-405 & Seal Beach Blvd. from reaching a level of
service (LOS) F in 2025. The current LOS at the eXisting intersections is CID and the proposed
improvement Will Improve traffic flow to a LOS of B/C.
The proposed project includes widemng the intersections, signal improvements, re-striping the
pavement, adchng new turn pockets, and new concrete work mcluding curb ramps, curb and
gutter, and sidewalk.
On the June 13, 2005 City Councll Meeting, Council adopted Resolution No. 5345 to authonze
the City Manager to execute a Cooperative Agreement #12-505, between the City of Seal Beach
and Caltrans which expires on December 31, 2007. See attached agreement. As part of Caltrans
reqUlrements, the City is reqUlred to enter into a cooperative agreement Wlth Caltrans for any
work taking place on state facilities.
On January 11, 2006 staff pubhcly opened two sealed bids for the construction of the proposed
project. The low bid was $4.6 million which was 40% higher than the budget of $3.3 million.
Agenda Item Z
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Staff approached Orange County Transportanon Authority (aCTA) to request addinonal fundlng
and they requested the City put the project on hold In order to combine the project With the future
405/22 Freeway widening. aCTA is in the process of planning and desIgnIng the new project
along the 405/22 route and expects to be in construction within the next two years. This project
would widen the freeway and completely replace the Seal Beach Boulevard bndge. It is
requested that the project be combined with the future OCTNCaltrans freeway project which
would nuninuze the public construction inconvenience and total construction cost to the City. It
also reserves the City funding for the match that may be needed to widen the Seal Beach Blvd
Bridge.
On the Apnl 24, 2006 City Council Meeting, Council rejected all bids due to lack of funding for
the project and the advice of aCTA.
Currently, the eXlsnng Cooperative Agreement 12-505 expires on December 31, 2007. Caltrans
has submitted a letter requesnng the City to amend the agreement and extend the agreement date
from December 31, 2007 to December 31, 2010. See attached letter. Since the City has not
started construcnon of the project, Caltrans advises the City to extend the expiration date of the
agreement. Attached is the amended agreement #12-505A to reflect the extended expiration date.
FISCAL IMPACT:
There is no fiscal Impact for this extension of the Cooperative Agreement #12-505A. Funds are
available within the Project No. 49750 In the approved Capital Improvement Program. The
estimated cost of the total project is $4.2 lDlllion which is funded by aCTA secured grants and
traffic impact fees.
RECOMMENDATION:
It is recommended that the City Council wIll adopt Resolunon No. _ and authonze the City
Manager to Sign the California Department of Transportanon (Caltrans) Cooperative Agreement
(Construction) 12-505A for the Seal Beach Boulevard and Interstate 405 Bndge Approach
Wldemng Project No. 49750.
Prepared By:
~iO'P.E.
City Engineer
L~
Vince Mastrosimone
Director of Public Works
NOTED AND APPROVED:
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David N. carman) City Manager
Attachment:
Cooperal1ve Agreement Dlstnct No 12-505
Cooperative Agreement Dlstnct No 12-505A
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RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDED CALTRANS COOPERATIVE AGREEMENT No. U-
S05A FOR THE SEAL BEACH BOULEVARD BRIDGE APPROACH
WIDENING AT THE 405 FREEWAY (FROM DECEMBER 31, 2007
TO DECEMBER 31, 2010)
WHEREAS, the Ctty of Seal Beach mteods to IllIprove the two mtersecbons on Seal
Beach Boulevard for the onJoff ramps to the 405 freeway, and
WHEREAS, the u:nprovements WIll proVIde a lInproved level of servIce and eliounate
some of the existIng congestion, and
WHEREAS, the saId mtersecbons are wlthm Caltrans' nght-<lf-way, and
WHEREAS, on May 2003, CIty of Seal Beach received Caltrans' approval to Improve
sllld mtersecl1ons, and
WHEREAS, on June 13,2005 Seal Beach Ctty Counct! adopted Resolubon No. 5345 to
execute Cooperabve Agreement No. 12-505 WIth Caltrans to allow Seal Beach to
improve s81d mtersectlOns , and
WHEREAS, the CIty received a letter dated December 17, 2rxrT from Caltrans
mforming the C.ty CooperaUve Agreement 12-505 will explre on December 31, 2007 and
request the Ctty to amend the exlsbng agreement to extend the from December 31, 2rxrT
to December 31, 2010, and
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WHEREAS, staff has revIewed and approved the Amended Cooperative Agreement
No 12-505A and request Counct!'s approval, and
NOW, TIIEREFORE, THE CITY COUNCn.. OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Secbon I.
The CIty CouncIl of the CIty of Seal Beach hClCby authanzes and dllCCts
the CIty Manager to execute CooperaUve Agreement No. 12-505A.
PASSED, APPROVED, AND ADOPTED by the C.ty CouncIl of the C.ty of Seal Beach
on the 14th day of Januarv. 200S by the following vote:
AYES: CouncIl Members
NOES: Council Members
ABSENT. Council Members
Mayor
A TrEST
CIty Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
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I, Ltnda Devme, Ctty Clerk of Seal Beach, CaltfOmta, do hereby cerufy that the
foregomg resolution IS the ongmal copy of Resolubon Number _on file m the office
of the City Clerk, passed, approved, and adopted by the C.ty Couoell of the City of Seal
Beach, at a regular mccbng thereof held on the 14th day of Januarv , 200S
Ctty Clerk
STATE OF CAT mn1nJTA-RlJSINPJl.~ TAA~RTA.TION AND HOlJSINO AA'RNCV
ARNOInSCHWA'R~nnJ:"R Gavemor
AJr,PARTMENT OF TRANSPORTATION
_ll'RICf 1Z
3337 MlCHEUiON DR., SUITE CN380
mVINE, CALIFORNIA 92612-0661
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December 17, 2007
Mr. Vincent Mastrosimone
Director of Public Works
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
l2-0ra-405 KP 36.4
Modify Overcrossing
At Seal Beach Blvd.
12208 - 098201
SUBJEcr: Cooperative Agreement Extension
Dear Mr. Mastrosimone:
The City of Seal Beach entered into a cooperative agreement (Cooperative Agreement # 12-505)
with the State for construction of Seal Beach Blvd. Overcrossing modJ.ficatlons on June 13,2005.
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The above mentioned cooperative agreement has an expiration date of December 31, 2007,
which is fast approachmg. Since the CIty has not started construction of the above mentioned
project, it is advisable for the City to extend the expiration date of the cooperative agreement.
We have amended the cooperative agreement (Cooperative Agreement # 12-505) to extend the
expiration date of the coop from December 31, 2007 to December 31, 2010.
Attached are six copies of Amendment to Cooperative Agreement (12-505A) for execution by
the City. Please return the six original Amendments to Cooperative Agreement along WIth six
original CIty Council's resolution approving execution of this agreement.
If there are any questions, please call Siamak Ghahremanpour at (949) 724-2166 or call me at
(949) 724-2507.
Sincerely,
~,.,~
MATTHEW Q. CUGINI, Chief
Design Branch C
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Berc Ikizyan
Slamak Ghahremanpour
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12-0RA-405 KP 36.4
Ramp and Ramp Termini
Intersection Improvement
At Seal Beach Boulevard
12208-09820 1
District Agreement No. 12-505
COOPERATIVE AGREEMENT
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This AGREEMENT, EN1ERED INTO EFFECTIVE ON 611 ~ ,2005, is between
the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to
herein as STATE, and
CITY OF SEAL BEACH
A body politic and a municipal
Corporation of the State of
Caltfornia, referred to herein as .CITY".
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District Agreement No12-505
RECITALS
1.
STATE and CITY, pursuant to Streets and Highways Code Section 130, are authorized to
enter into a Cooperative Agreement for improvements to State highways WIthin the City of
Seal Beach, County of Orange.
2.
CITY desires to construct State highway improvements consisting of widening the
Northbound and Southbound 1-405 Seal Beach Boulevard off-ramps to provide additional
lane, and to widen ramp termim intersections to provide additional movements, referred to
herein as "PROmer", and IS wIlling to fund one hundred percent (100%) of all capital
outlay and staffing costs, except that costs of STATE's quality assurance of construction
activities will be borne by STATE.
3.
CITY desires to prepare the contract documents and advertise, award, and adminIster the
construction contract for PROJECT in order to bring about the earliest possible completion
of PROJECT.
4.
STATE is agreeable to CITY's proposal to prepare the contract documents and advertise,
award, and administer the construction contract for PROJECT.
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The parties hereto intend to defme herein the terms and conditions under which PROJECT IS
to be constructed, financed, and maintained.
6.
Project development responsibilities for PROJECT were covered in a prior Cooperative
Agreement executed by STATE and CITY on Februaxy 23,2004 (District Agreement No.
12-376, Document No 015779).
SECTION I
CITY AGREES:
1. To advertise, award, and administer the construcbon contract for PROJECT in
accordance with requirements of the State Contract Act and the California Labor
Code, including its prevaibng wage provisions. Workers employed in the performance
of work contracted for by CITY, and/or performed under encroachment p ermit, are
covered by proVIsions of the Labor Code in the same manner as are workers employed
by STATE's contractors. CITY shall obtain applicable wage rates from the State
Department of Industrial Relations and shall adhere to the applicable proviSiOns of the
State Labor Code. Violations shall be reported to the State Department of Industrial
Relations.
2. To apply for necessaxy encroachment permits for required work within the State highway
right of way, in accordance Wtth STATE's standard permit procedures, as more specifically
defined in Articles 2, 3, 4, 5, and 6 of Section ill of this Agreement.
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3.
District Agreement No12-SOS
In recognition that construction work for PROJECT done on STATE's property will not be
directly funded and paid by STATE, for the purpose of protecting stop notice claimants and
the interests of STATE relative to the successful completion of PROJECT, CITY agrees to
require the construction contractor to furnish both a payment and performance bond, naming
CITY as obligee With both bonds complying with the requirements set forth m Section 3-
1.02 of STATE's current Standard Specifications prior to perfonning any construction work
for PROJECT. CITY shal1 defend, indemnify, and hold harmless STATE and all its
officers and employees from all claims by stop notice claimants related to the construction of
PROJECT under the payment bond.
4. To construct PROJECT m accordance with plans and specifications of CITY to the
satisfaction of and subject to the approval of STATE.
S. Contract Administration procedures shal1 conform to the requirements set forth in STATE's
Construction Manual, Local Assistance Procedures Manual, and in the encroachment permit
for the construction of PROJECT.
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6. Construction within the existing or ultimate State highway right of way shal1 colllllly with
the requirements in STATE's Standard Specifications and the Special Provisions for
PROJECT, and in conformance with methods and practices specified in STATE's
Construction Manual.
7.
If CITY uses own staff or hires another entity to perform surveys, all survey work shal1
conform to the methods, procedures, and requirements of STATE's Surveys Manual and
STATE's Staking Information Booklet.
8. Material testing and quality control shall conform to STATE's Construction Manual and
STATE's Material Testing Manual, and shall be performed, at CITY's expense, by a
certified material-tester acceptable to STATE. Independent assurance testing, specialty
testing, and off-site source inspection and testing shall be performed by STATE, at no cost
to CITY except as noted herein. CITY shal1 reimburse STATE for any additional travel
expenses incurred by STATE far off-site inspection and testing performed by STATE which
is more than 300 airline miles from both Sacramento and Los Angeles. Approval of the type
of asphalt and concrete plants shall be by STATE, at STATE's expense.
9. To furnish, at CITY's expense and subject to the approval of STATE, a field site
representative who is a licensed Civil Engineer in the State of California, to perform the
functions of a Resident Engineer. If the plans and specifications for PROJECT were
prepared by a pnvate engineering company, the Resident Engineer shall not be an employee
of that company The Resident Engineer shal1 also be independent of the construction
contractor.
10.
To pay one hundred p=nt (100%) of the actual costs of construction required for
satisfactory completion of PROJECT, including changes pursuant to contract change orders
concurred with by STATE's representative and any material furnished by STATE.
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11.
District Agreement No12-505
At CTIY's expense, to furnish qualified support staff, subject to the approval of STATE, to
assist the Resident Engineer m, but not limited to, construction surveys, soils and foundation
tests, measurement and computation of quantities, testing of construction materials, checking
shop drawings, preparation of estimates and reports, preparation of "As-Built" drawings,
and other inspection and staff services necessary to assure that the construction is being
performed in accordance with the plans and specifications. Said qualified support staff shall
be independent of the design engineering company and construction contractor, except that
the destgner of PROJECT may check the shop drawings, do soils foundation tests, test
construction materials, and do construction surveys.
12. To make progress payments to the contractor and pay all costs for required staff services as
described in Articles 9 and 11 of this Section I. STATE's representative shall review all
contract progress pay schedules. STATE does not assume responsibility for accuracy of
itemization on progress pay schedules.
13. Within sixty (60) days following the completion and acceptance of the construction contract
for PROJECT, to furnish STATE with a complete set of acceptable full-sized film positive
reproducible" As-Built" plans and all contract records, including survey documents, Records
of Surveys, and microfilm copy of all structure plans.
14.
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Upon completlon of work under this Agreement, CTIY wtll assume maintenance and the
expense thereof for any part of PROJECT located outside of the current State highway right
of way until acceptance of any such part of PROJECT into the State highway system by
STATE, approval by the Federal Highway Administration, if required, and conveyance of
acceptable title to STATE.
15. If CTIY terminates PROJECT prior to completion of the construction contract for
PROJECT, STATE may require CTIY, at CTIY's expense, to return the right of way to its
original condition or to a condition of acceptable permanent operation. If CITY fails to do
so, STATE reserves the nght to finish PROmCT or place PROJECT in a condition of
satisfactory permanent operation. STATE will bill CTIY for all actual expenses incurred
and CTIY agrees to pay said expenses within thirty (30) days or STATE, acting through the
State Controller, may withhold an equal amount from future apportionments due CTIY from
the Highway User Tax Fund.
16. If cultural, archaeological, paleontological or other protected materials are encountered
during construction of PROJECT, CITY shall stop work in that area until a qualified
professional can evaluate the nature and SIgnificance of the find and a plan is approved for
the removal or protection of that material The costs for any removal or protection of that
material shall be covered as a cost of PROJECT contemplated by this Agreement. STATE
will be notified of such find so that qualified STATE personnel would assist in evaluating
the material.
17.
STATE's quality assurance activities referred to in ArtIcle 2 of Section II of this
Agreement does not mclude performance of any engineering services reqUIred for
PROJECT. These services are to be performed by CTIY. If CTIY requests STATE to
perform any of these services, CITY shall reimburse STATE for such services. An
amendment to this Agreement authorizing STATE's performance of such services will be
required prior to performance of any engineering work by STATE.
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18.
District Agreement Nol2-s0s
CITY will adhere to all applicable water quality regulations and/or pennit requirements of
the State Water Resources Control Board (SWRCB) and the Santa Ana Regional Water
Quality Control Board (SARWQCB), including, but not limited to, the Caltrans Statewide
NPDES Permit (Order No. 99-06-DWQ, NPDES No. CAS000003), the Statewide General
NPDES Permit for Construction Activities (Order No. 99-08-DWQ. NPDES No.
CASOOOOO2), and the Caltrans Storm Water Management Plan (May 2003), and any
subsequent revisions and/or additional requirements at the time of construction.
SECTION n
STATE AGREES:
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1. Upon proper application by CITY and by CITY's contractor, to issue, at no cost to CITY
and CITY's contractor, the necessary encroachment permits for requtred work Wlthm the
State highway right of way, as more speclficaUy defined in Articles 2, 3, 4, 5, and 6 of
Section ill of this Agreement.
2.
At no cost to CITY, to provide quality assurance activities, including a qualified
representative of STATE who shall have authority to accept or reject work and materials or
to order any actions needed for public safety or the preservation of property and to assure
compliance With all provisions of the encroachment permit(s) issued to CITY and CITY's
contractor.
3 To prOVide, at CITY's expense, any "State-furnished material" as shown on the plans for
PROJECT and as proVided in the Special Provisions for PROJECT.
SECTION m
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement are subject to the appropriation
of resources by the Legtslature in the annual State Budget Act.
2. Construction by CITY of improvements referred to herein which lie within the State
highway right of way or which affect STATE's facilities, shall not be commenced until
CITY's original contract plans involVing such work and plan for utility relocations have
been reviewed and accepted by signature of STATE's District Director of Transportation, or
the District Director's delegated agent, and untIl an encT"""hmeut permit to CITY
authorizing such work has been issued by STATE.
3.
CITY shall obtain aforesllld encroachment permit through the office of STATE's
District Permit Engineer and CITY's application shall be accompanied by five (5)
sets of reduced construction plans of aforesaid STATE accepted contract plans, and
five (5) sets of specifications for PROJECT. Receipt by CITY of the approved
encroachment permit shall constitute CITY's authorization from STATE to proceed
with work to be performed by CITY or CITY's representatives within the District
proposed State highway right of way or which affects STATE's facilities, pursuant to
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4.
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District Agreement No12-S05
work covered by this Agreement. CITY's authorization to proceed with said work
shall be contingent upon CITY's comphance with all provisions set forth in this
Agreement and smd encroachment permit.
CITY's construction contractor shall also be required to obtain an encroaclunent permit from
STAlE prior to commencing any work within the State highway right of way or which affects
STATE's facilities. The applicanon by CITY's construction contractor for said encroachment
permit shall be made through the office of STATE's District Permit Engineer and shall include
proof said contractor has payment and performance surety bonds covering construcnon of
PROJECT.
5.
CITY shall provide a right of way certificanon prior to the granting of said encroaclunent
permit by STATE, to certify that legal and physical control of rights of way were acquired in
accordance with applicable State and Federa1laws and regulations.
6.
CITY shall not advertise for bids for the contract to construct PROJECT until after an en-
croachment permit has been issued to CITY by STATE.
7.
CITY's construction contractor shall maintain in force, until completion and acceptance of the
construction contract for PROJECT, a policy of Contractual LIability Insurance, mcluding
coverage of Bodily Injury Liability and Property Damage Liability, in accordance with
Secnon 7-1.12 of STATE's Standard Specifications. Such policy shall contain an additional
insured endorsement naming the State of California, its offu:ers, agents, and employees as
additional msureds. Coverage shall be evidenced by a Certificate of Insurance m a form
satisfactory to STATE which shall be delivered to STAlE before the issuance of an
encroachment permit to CITY's construction contractor.
8. Prior to award of the constmction contract for PROJECT, CITY may terminate this
Agreement by written notice.
9. During the construction of PROJECT, representatives of CITY and STATE will cooperate and
consult with each other, and all work pursuant to PROJECT shall be accomplished according
to the approved plans, specifications, and STAlE's applicable standards and practices.
Satisfaction of these requirements shall be verified by STATE's representative. STAlE's
representative is authorized to enter CITY's property during construction for the purpose of
monitoring and coordinating construction activities.
10. Changes to the plans and specifications for PROJECT shall be implemented by contract
change orders reviewed and concuaed with by STATE's representative. All changes affecting
public safety or public convenience, all design and specification changes, and all major
changes as defined m STAlE's Construction Manual shall be approved by STAlE in advance
of perfonmng the work. Unless otherwise directed by STATE's representative, changes
authorized as provided herein will not require an encroaclunent permit rider. All changes shall
be shown on the "As-Built" plans refer.red to in Article 13 of Section I of this Agreement.
11. CITY shall provide a construction contract claims process acceptable to STAlE and shall
process any and all claims through CITY's claim process. STAlE's representative will be
made available to CITY to provide advice and technical input in any claim process
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District Agreement Nol2-505
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12. If any existing public and/or private utility facilities conflict With the construction of
PROJECT or violate STATE's encroachment policy, CITY shall make all necessary
arrangements with the owners of such facilities for their protection, relocation, or removal
in accordance with STATE's policy and procedure for those facilities located within the
limits of work providing for the improvement to the State highway and in accordance Wtth
CITY's policy for those facilities located outside of the limits of work for the improvement
to the State highway. The cost of the protection, relocation, or removal shall be apportioned
between the owner of the utility facility and CITY in accordance with STATE's policy and
procedure. CITY shall require any utility owner performing relocation work in the State
highway right of way to obtain an encroachment permit from STATE prior to the
performance of said relocation work. The requirements of the most current version of
STATE's "Policy on High and Low Risk Underground Facilities Within Highway Rights of
Way' shall be fully comphed with. Any relocated or new facilities sha1l be correctly shown
and identified on the "As-Built" plans referred to in Article 13 of Section I of this
Agreement.
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13. Any hazardous material or contamination of an HM-l category found within the existing
State highway right of way during construction requiring remedy or remedial action, as
defined in Division 20, Chapter 6.8 et seq. of the Health and Safety Code, shall be the
responsibility of STATE. Any hazardous material or contamination of an HM-l category
found within the local road right of way during construction requiring the same defined
remedy or remedial action shall be the responsibility of CITY. For the purpose of the
Agreement, hazardous material of HM-l category is defined as that level or type of
contamination which State or Federal regulatory control agencies havmg jurisdiction have
determined must be remediated by reason of tts mere discovery regardless of whether tt is
diS1llrbed by PROJECT or not. STATE shall sign the HM-l manifest and pay all costs for
remedy or remedial action within the existing State highway right of way, except that if
STATE determines, in its sole judgment, that STATE's cost for remedy or remedial action
is increased as a result of proceedmg with construction of PROJECT, that additional cost
identified by STATE shall be borne by CITY. CITY shall sign the HM-l manifest and pay
all costs for required remedy or remedial action within the local road nght of way . STATE
will exert every effort to fund the remedy or remedial action for which STATE is
responsible. In the event STATE is unable to provide funding, CITY will have the option to
either delay further construction of PROJECT until STATE is able to provide funding or
CITY may proceed with the remedy or remedial action at CITY's expense without any
subsequent reimbursement by STATE.
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14. The remedy or remedial acnon with respect to any hazardous material or contamination of
an HM-2 category found within and outside the existing State highway right of way during
construction shall be the responsibility of CITY, at CITY's expense, as a result of
proceeding with construction of PROJECT For the purposes of this Agreement any
hazardous matenal or contamination of HM-2 category is defined as that level or type of
contamination which said regulatory control agencies would have allowed to remam m place
if undisturbed or otherwise protected in place should PROJECT had not proceeded. CITY
shall sign any HM-2 manifest if construction of PROJECT proceeds and HM-2 material
must be removed in lieu of being treated in place.
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District Agreement NoI2-505
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15.
If hazardous material or contamination of either HM-1 or HM-2 category IS fountl: during
construction on new nght of way acquired by or on account of CITY far PROJECT, CITY
shall be responsible, at CITY's expense, for all required remedy or remedial action and/or
protection m the absence of a generator or prior property owner willing and prepared to
perform that corrective work.
16. Locations subject to remedy or remedial action and/or protection include utility relocation
work required for PROJECT. Costs for remedy and remedial action and/or protection shall
include but not be limited to, the identification, treatment, protection, removal, packaging,
transportation, storage, and disposal of such material.
17. The party responsible for funding any hazardous material cleanup shall be responsible for
the development of the necessary remedy and/or remedial action plans and designs.
Remedial actions proposed by CITY on the State highway right of way shall be pre-
approved by STATE and shall be performed in accordance with STATE's standards and
practices and those standards mandated by the Federal and State regulatory agencies.
18.
Pursuant to the authority contained in Section 591 of the Vehicle code, STATE has
determined that within such areas as are within the limits of PROJECT and are open to
public traffic, CITY shall comply with all of the requirements set for in Divisions II, 12,
13, 14, and 15 of the Vehicle Code. CITY shall take all necessary precautions for safe
operation of CITY's vehicles, the construction contractor's equipment and vehicles and/or
vehicles of personnel retained by CITY, and for the protection of the traveling public from
injury and damage from such vehicles or equipment.
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19. Upon completion and acceptance of the construction contract for PROmCT by CITY to the
satisfactton of STATE, STATE will accept control and maintam, at its own cost and
expense, those portions of PROJECT lying within the State highway right of way.
20. Upon completion of all work under this Agreement, ownership and title to materials,
equtpment, and appurtenances installed within the State highway nght of way will
automatically be vested in STATE, and materials, equipment, and appurtenances installed
outside of the State highway right of way will automatically be vested in CITY. No further
agreement will be necessary to transfer ownershtp as herem before stated.
21. Nothing in the provisions of this Agreement is intended to create duties or obligations to or
rights in third parties not parties to this Agreement or affect the legal liability of either party
to the Agreement by imposing any standard of care with respect to the construction,
operation, or maintenance of State highways and public faciltties different from the standard
of care imposed by law.
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District Agreement No12-505
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22.
Neither STATE nor any officer or employee thereof is responsIble for any damage or
liability occurring by reason of anything done or omitted to be done by CITY in connection
With any work, authority or jurisdiction delegated to CITY under this Agreement. It is
understood and agreed that, pursuant to Government Code section 895.4, CITY shall fully
defend, indemnify and save hannless STATE and all its officers and employees from all
claims, suits or actions of every name, kind and description brought for or on account of in-
jury (as defined in Government Code section 810 8) occurring by reason of anything done or
omitted to be done by CITY in connection with any work, authority or jurisdiction delegated
to CITY under this Agreement.
23. Neither CITY nor any officer or employee thereof is responsible for any damage or liability
occurring by reason of anything done or omitted to be done by STATE in connection with
any work, authority or Jurisdiction delegated to STATE under this Agreement. It is
understood and agreed that, pursuant to Government Code secl10n 895.4, STATE shall fully
defend, indemnify and save hannless CITY and all its officers and employees from all
claims, suits or actions of every name, kind and description brought for or on account of
injury <as defined in Government Code section 810.8) occurring by reason of anything done
or omitted to be done by STATE in connection with any work, authority or jurisdiction
delegated to STATE under this Agreement.
24.
No alteration or variation of the terms of this Agreement shal1 be valid unless made in
writing and signed by the parties hereto and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties hereto.
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25. Those portions of this Agreement pertainmg to the construction of PROJECT shall terminate
upon completion and acceptance of the construction contract for PROJECT by CITY WIth
concurrence of STATE, or on December 31, 2007, whichever IS earlier in time. However,
the ownership, operation, maintenance, indemnification, and claims clauses shall remain in
effect until terminated or modified, in writing, by DUltual agreement.
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STATE OF CALIFORNIA
Department of Transportation
WILL KEMPTON
Director of Transportation
By:
uty District Director
~ect Delivery
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APPROVED AS TO FORM
AND PROCEDURE:
~~~
Attorney,
Department of Transportation
CERTIFIED AS TO FINANCIAL
TERMS CONDITIONS:
By'
CERTIFIED AS TO FUNDS'
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By.)up) ~ /
s c Budget J<<'anager
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District Agreement No12-S0S
CITY OF SEAL BEACH
BY:~~ h~~
City Clerk
APPROVED AS TO FORM:
",~1l>1 ~
ttorney ,
City of Seal Beach
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12-0RA-405 KP 36.4
Ramp and Ramp Tenmm
Intersection Improvement
At Seal Beach Boulevard
12208-098201
District Agreement No. 12-505A1
AMENDMENT TO AGREEMENT
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This AGREEMENT, ENTERED INTO EFFECTNE ON DECEMBER 31 ,2007, IS between
the STATE OF CAUFORNIA, acting by and through tis Department of Transportal1on, referred to
herein as STATE, and
CITY OF SEAL BEACH
A body politic and a municipal
Corporation of the State of
California, referred to herem as "CITY".
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DIStrict Agreement No. 12-S0SAl
RECITALS
1. The parties hereto entered into an Agreement (District Agreement No. 12-505) on June 13,
2005, said Agreement defining the terms and conditions of a project to widen the Northbound
and Southbound 1-405 Seal Beach Boulevard off-ramps to provide additional lane, and to
widen ramp termini intersections to provide additional movements, referred to herein as
"PROJECT" .
2. It has been determined that PROJECT will not be constructed prior to the termination date
of said Agreement.
IT IS THEREFORE MUTUALLY AGREED:
1. The termination date specified in Sectton m, Article 25 of the original Agreement shaII
now be December 31,2010 InStead of December 31,2007.
2. The other terms and conditions of said Agreement (DIStrict Agreement No. 12-505) shaII
remam in full force and effect.
3. This Amendment to Agreement is hereby deemed to be part of District Agreement No. 12-
505.
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STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
WILL KEMPTON
Director of Transportation
By.
JIMBEIL
Deputy District Director
Capital Outlay Program
Approved as to form and procedure:
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Attorney
Department of Transportation
Certified as to available funds:
District Budget Manager
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D1sInct Agreement No. 12-505Al
CITY OF SEAL BEACH
COUNTY OF ORANGE
By:
CITY MANAGER
Attest:
City Clerk
Approved as to form and procedure:
Attorney -