HomeMy WebLinkAboutCC AG PKT 2009-08-10 #SAGENDA STAFF REPORT
DATE: August 10, 2009
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Vince Mastrosimone, Director of Public Works
SUBJECT: SEAL BEACH BLVD BRIDGE WIDENING PROJECT
ACCEPT COOP AGREEMENTS WITH ORANGE
COUNTY TRANSPORTATION AUTHORITY (OCTA)
SUMMARY OF REQUEST:
The City Council is asked to adopt Resolution No. entering in the following two
coop agreements for the construction of the Seal Beach Boulevard Bridge
Widening Project No. 49750:
1. COOPERATIVE AGREEMENT NO. C -9 -0631
2. COOPERATIVE AGREEMENT NO. C- 9- (Pending)
BACKGROUND:
OCTA is partnering with Caltrans District 12 for the West County Connector
(WCC) Project. The San Diego Freeway (Interstate 405) WCC Project will
construct direct high- occupancy vehicle (HOV) connectors from the Garden
Grove Freeway (State Route 22) to Interstate 405 and from Interstate 405 to the
San Gabriel River Freeway (Interstate 605), with a second HOV lane in each
direction on Interstate 405 between the two direct HOV connectors.
The project will reconstruct the Valley View Street bridge crossing over State
Route 22 and the Seal Beach Boulevard bridge crossing over Interstate 405. The
project will also reconstruct the N405 -W22 Connector, E22 -N405 Separation;
and the S405 -E22 Connector. Other work includes the reconstruction of
interchange ramps within the project limits as necessary to accommodate the
new HOV connector viaduct, construction of new soundwalls and retaining walls
at various locations, the addition of landscaping / irrigation and hardscaping
elements, and improvements to drainage facilities.
As part of the WCC Project, Seal Beach Boulevard Bridge will be reconstructed
to accommodate the new HOV lanes on the 1 -405. OCTA intends to improve the
Agenda Item S
Page 2
bridge from Old Ranch Parkway to Beverly Manor Road. Since the Seal Beach
Boulevard Bridge will be reconstructed, staff approached OCTA to widen the
bridge simultaneously.
Per the City's General Plan and the OCTA Master Plan of Arterial Highways,
Seal Beach Boulevard is planned to have three lanes in each direction.
OCTA intends to advertise the project in October 2009 and start construction in
March 2010. They anticipate to start on the Seal Beach Boulevard Bridge in
January 2012.
The attached COOPERATIVE AGREEMENT NO.0 -9 -0631 summarizes the
scope of work, roles, responsibilities and funding for the entire bridge widening.
The agreement specifies the widening limits on Seal Beach Boulevard. The role
of OCTA will act as the lead agency and administer the day to day functions
along with Caltrans. The responsibility of the City shall be collaborating with
OCTA and the City's share of the funding for the widening portion.
The attached COOPERATIVE AGREEMENT NO. C- 9- (pending) summarizes the
cost incurred during construction related to Public Safety and Traffic Engineering
Services. A Traffic Management Plan (TMP) was created to provide detour
routes along the freeway. The routes will require special traffic signal timing and
monitoring to ensure smooth and efficient traffic flow. For several nights of the
Bridge reconstruction, the Bridge will be completely closed throughout the night,
resulting in increased response times to the northern portion of the City. These
specific funds will be applied to place additional Public Safety officers for the
northern portion of the City.
FINANCIAL IMPACT:
The attached COOPERATIVE AGREEMENT NO.0 -9 -0631 summarizes specific
detailed cost estimates for the City's share of the Bridge widening. OCTA will
invoice the City $7,665,000 to pay for design engineering, mobilization,
construction and contingency to widen the Bridge.
The City was awarded Grant Funding of $6,972,250 in OCTA Call for Projects
with a required Local match of $692,750 and awarded $957,250 of Growth
Management Area (GMA) OCTA funds with no required match.
(See Tables on following page)
Page 3
City of Seal Beach
Matching Contribution
Account Number .
Funding Type
Cit Share
95- SBCH -GMA -1188
GMA 6
$ 382,250
08 -SBCH -GMA -2885
GMA 6
$ 350,000
08- SBCH -GMA -2889
GMA 2
$ 225,000
08- SBCH -IIP -2882
IIP North
$ 592,240
08- SBCH -IIP -2886
IIP South
$ 592,240
08 -SBCH- SIP -2883
SIP North
$ 66,750
08 -SBCH- SIP -2888
SIP South
$ 66,750
City funds
$ 692,750
Subtotal $ 2,967,980
Authority Award to City of Seal Beach
Account Number
Funding Type
OCTA Share
97 -SBCH- MPH -1154
MPAH
$ 1,680,000
08- SBCH -IIP -2882
IIP North
$ 1,258,510
08- SBCH -IIP -2886
IIP South
$ 1,258,510
08 -SBCH- SIP -2883
SIP. North
$ 250,000
08 -SBCH- SIP -2888
SIP South
$ 250,000
Subtotal $ 4,697,020
City of Seal Beach Contribution $ 2,967,980
Authority Award $ 4,697,020
Total $ 7,665,000
To meet the City Match, in the 09/10 Budget, $2,500,000 of Traffic Impact Fees
was allocated for the Local match. Only $2,010,730 will be required.
The attached COOPERATIVE AGREEMENT NO. C-9-(Pending) summarizes the
reimbursement cost for the extra Public Safety an Traffic Engineering Services
in the amount of $185,000. There is no cost to the City for this cooperative
agreement.
Page 4
RECOMMENDATION:
It is recommended City Council adopt Resolution No. 5905 entering in the
following two coop agreements for the construction of the Seal Beach Boulevard
Bridge Widening Project No. 49750:
1. COOPERATIVE AGREEMENT NO. C -9 -0631
2. COOPERATIVE AGREEMENT NO. C- 9- (pending
SU
Vince Mastrosimone
Director of Public Works
NOTED AND APPROVED:
David Carmany, City Manager
Attachments:
A. Resolution No. 5905
B. Cooperative Agreement No. (pending)
C. Cooperative Agreement No. C -9 -0631
D. Location Map /Proposed Design
RESOLUTION NUMBER 5905
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING COOPERATIVE AGREEMENT NO. C -9 -0631 AND
COOPERATIVE AGREEMENT NO. C -94PENDING) BETWEEN
THE CITY OF SEAL BEACH AND THE ORANGE COUNTY
TRANSPORTATION AUTHORITY RELATING TO THE
CONSTRUCTION OF THE SEAL BEACH BOULEVARD BRIDGE
WIDENING PROJECT NO. 49750
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. The City Council hereby approves Cooperative Agreement No. C -9-
0631 and Cooperative Agreement No. C- 9- (gendinq) between the City of Seal
Beach and the Orange County Transportation Authority relating to the
construction of the Seal Beach Boulevard Bridge Widening Project No. 49750.
Section 2. The Council hereby directs the City Manager to execute the
Agreement.
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 10th day of August , 2009 by the following
vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing resolution is the original copy of Resolution Number 5905 on
file in the office of the City Clerk, passed, approved, and adopted by the City
Council of the City of Seal Beach, at a regular meeting held on the 10th day
of August , 2009.
City Clerk
COOPERATIVE AGREEMENT NO. C -9 -0631
COOPERATIVE AGREEMENT NO. C- 9-0631
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BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SEAL BEACH
THIS AGREEMENT, is made and entered into this _ day of , 2009, by and between
the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange,
California 92863 -1584, a public corporation of the State of California (herein referred to as
"AUTHORITY "), and the CITY OF SEAL BEACH, 211 8th Street, Seal Beach, California 90740, a
municipal corporation (herein referred to as "CITY ").
RECITALS
WHEREAS, the AUTHORITY, in cooperation and partnership with the California Department of
Transportation (herein referred to as "STATE ") is proposing to implement capacity and operational
improvements on the San Diego Freeway (1 -405) that will link High Occupancy Vehicle (HOV) lanes
with those on the Garden Grove Freeway (SR -22) and San Gabriel River Freeway (1 -605) to create a
seamless HOV connection amongst the three freeways (herein referred to as "PROJECT'); and
WHEREAS, the PROJECT will add direct HOV bridge connectors, add an additional HOV lane
in each direction on 1 -405 between SR -22, extend HOV lanes on SR -22 to 1 -405, extend HOV lanes on
1 -605 to 1 -405, demolish and reconstruct overcrossings, reconstruct on and off - ramps, and other
improvements; and
WHEREAS, the existing Seal Beach Boulevard bridge over - crossing, see Exhibit A, will need to
be demolished and reconstructed to accommodate the widening of 1 -405 to add the aforementioned
additional HOV lanes; and
WHEREAS, the CITY, as part of the PROJECT, desires to widen the Seal Beach Boulevard
bridge over - crossing from two lanes in each direction to three lanes in each direction plus an auxiliary
lane in the NB direction from the southbound Interstate 405 offramp to the northbound Interstate 405
onramp, with the project limits extending from the intersection of Seal Beach Boulevard/Beverly Manor
Page 1 of 8
COOPERATIVE AGREEMENT NO. C -9 -0631
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Drive to the intersection of Seal Beach Boulevard /Old Ranch Parkway, as described in Exhibit B (herein
referred to as CITY IMPROVEMENTS); and
WHEREAS, both parties hereto agree that final design and construction of the CITY
IMPROVEMENTS shall be performed as part of the PROJECT. Furthermore, the CITY agrees to fund
its share of the cost of the CITY IMPROVEMENTS as defined herein in the amount of Seven Million Six
Hundred Sixty Five Thousand Dollars ($7,665,000), which consists of CITY funds and funds received
from various outside funding sources provided to CITY by AUTHORITY. AUTHORITY agrees that the
amount of reimbursement may be adjusted by written amendment to this Agreement based upon the
bid and award of construction contract to the lowest responsible bidder for CITY IMPROVEMENTS,
and
WHEREAS, the CITY acknowledges that the purpose of the CITY IMPROVEMENTS is
consistent with and in furtherance of the CITY's adopted plans and policies, recognizes that it has a
beneficial or legal interest in the CITY IMPROVEMENTS and its concomitant parts, and acknowledges
that the CITY IMPROVEMENTS constitute a government project for the benefit of the residents of the
CITY and the persons who use CITY streets and public rights -of -way; and
WHEREAS, this Cooperative Agreement defines the specific terms, conditions and funding
responsibilities between the AUTHORITY and CITY for the completion of CITY IMPROVEMENTS.
NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and the CITY
as follows:
ARTICLE 1. COMPLETE AGREEMENT
This Agreement, including all exhibits and documents incorporated herein and made applicable
by reference, constitutes the complete and exclusive statement of the terms and conditions of the
Agreement between the AUTHORITY and the CITY and supersedes all prior representations,
understandings and communications. The invalidity in whole or in part of any term or condition of this
Agreement shall not affect the validity of other terms or conditions.
Page 2 of 8
COOPERATIVE AGREEMENT NO. C -9 -0631
ARTICLE 2. RESPONSIBILITES OF AUTHORITY
1 AUTHORITY agrees to the following responsibilities for the PROJECT and the CITY
2 IMPROVEMENTS:
3 A. To include in the PROJECT the herein described CITY IMPROVEMENTS and to
4 construct and complete, or cause to be constructed and completed, the PROJECT and the CITY
5 IMPROVEMENTS.
6 B. To act as the lead agency during design of CITY IMPROVEMENTS and oversee
7 STATE's construction of CITY IMPROVEMENTS. To ensure compliance with all terms and conditions
8 set forth in any applicable local, state, federal regulations, which govern the performance of work
9 necessary to complete CITY IMPROVEMENTS.
10 C. To conduct all of its activities in association with CITY IMPROVEMENTS in a good and
11 competent manner and in compliance with all applicable federal, state and local rules and regulations.
12 D. To prepare and submit to CITY a lump sum invoice in the amount of One Hundred
13 Seventy -Five Thousand Four Hundred and three Dollars ($175,403) for design costs related to CITY
14 IMPROVEMENTS.
15 E. To prepare and submit to CITY a lump sum invoice in the amount of Seven Million Four
16 Hundred and Eighty -Nine Thousand Five Hundred and Ninety Seven Dollars ($7,489,597) for all costs
17 incurred or to be incurred by AUTHORITY for right -of -way acquisition, construction and completion of
18 CITY IMPROVEMENTS.
19 F. To provide all staff, employees, agents, consultants and contractors deemed necessary
20 and appropriate by AUTHORITY to manage, administer, coordinate, and oversee final engineering
21 design and construction of PROJECT and CITY IMPROVEMENTS.
22 G. To be responsible for any right -of -way acquisition deemed necessary and appropriate by
23 AUTHORITY for PROJECT and CITY IMPROVEMENTS, and certification for PROJECT.
24 H. To monitor the activities of all AUTHORITY staff, agents, contractors, consultants and
25 employees to ensure that all such staff, agents, contractors, consultants and employees comply with
26 the approved PROJECT schedule, quality, and budget goals.
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COOPERATIVE AGREEMENT NO. C -9 -0631
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I. To require AUTHORITY's contractor to obtain permits and receive approval for design
and construction from CITY for any work done with the jurisdictional boundaries of CITY. Design and
construction work within the jurisdictional boundaries of CITY will conform to applicable CITY standards,
as determined by CITY's Director of Public Works/City Engineer. CITY to provide permits at no cost.
ARTICLE 3. RESPONSIBILITIES OF CITY
CITY agrees to the following responsibilities:
A. To collaborate with AUTHORITY staff, its consultants, employees, agents, and
contractors during design and construction of PROJECT.
B. To credit AUTHORITY, in accordance with ARTICLE 2, Section E, above, within thirty
(30) days of receipt of invoice in the amount of Seven Million Six Hundred Sixty Five Thousand Dollars
($7,665,000), for completion of CITY IMPROVEMENTS by AUTHORITY.
C. CITY's share of CITY IMPROVEMENTS shall be funded through the following sources:
CITY Matching Contribution
>GMA 6 (95- SBCH- GMA1188)
>GMA 6 (08 -SBCH -GMA -2885)
>GMA 2 (08- SBCH -GMA -2889)
>CITY Funds
CITY Subtotal
>OCTA Award
$ 382,250
$ 350,000
$ 225,000
$ 2,010,730
$ 2,967,980
MPAH (97 -SBCH- MPH -1154)
$ 1,680,000
AIP North (08- SBCH -IIP -2882)
$ 1,258,510
>IIP South (08 -SNCH -IIP -2886)
$ 1,258,510
>SIP North (08 -SBCH- SIP -2883)
$ 250,000
>SIP South (08 -SBCH- SIP -2888)
$ 250,000
AUTHORITY Award Subtotal
$ 4,697 020
>Total Funding for CITY IMPROVEMENTS
$ 7,665,000
Page 4 of 8
COOPERATIVE AGREEMENT NO. C -9 -0631
D. Upon request from the AUTHORITY, the CITY shall use its best efforts to cause each
1 public utility to rearrange or relocate its public utility facilities that may be determined by AUTHORITY
2 and CITY to conflict with CITY IMPROVEMENTS. The CITY hereby agrees to exercise and invoke its
3 rights under any applicable state franchise laws or under any applicable local franchise issued or
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provided by CITY to effectuate such rearrangement or relocation at the expense of the affected public
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utility as necessary to conform to the CITY IMPROVEMENTS. The CITY shall cooperate with
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AUTHORITY and provide all appropriate and necessary support to achieve this result. In the event the
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8 public utility fails to make the rearrangement or relocation or fails to agree to make the rearrangement
9 or relocation in a timely manner, CITY shall assign its rights under the Agreement to permit
10 AUTHORITY to cause the rearrangement or realignment in a timely manner. The CITY shall cooperate
11 and provide assistance to AUTHORITY as needed, and shall join with AUTHORITY as a party in the
12 prosecution or defense of CITY and AUTHORITY's respective rights under the laws of the State of
13 California to cause such rearrangements and relocations. In the event a public utility is not subject to a
14 state or local franchise and the public utility is entitled under the laws of the State of California to be
15 reimbursed or paid for the cost of relocation of such public utility, the AUTHORITY shall be responsible
16 for all costs incurred, if any, including the design, construction and costs of any interest in land that may
17 need to be acquired to accommodate such rearrangement or relocation. Wherever possible, any
18 relocation of a public utility shall be made to an area covered by a state franchise or local franchise.
19 ARTICLE 4. AUDIT AND INSPECTION
20 AUTHORITY and CITY shall maintain a complete set of records in accordance with generally accepted
21 accounting principles. Upon reasonable notice AUTHORITY shall
g p p p permit the authorized
22 representatives of the CITY to inspect and audit all work, materials, payroll, books, accounts, and other
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data and records of AUTHORITY for a period of four (4) years after final payment, or until any on -going
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audit is completed. For purposes of audit, the date of completion of this Agreement shall be the date of
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CITY's payment of AUTHORITY's final billing (so noted on the invoice) under this Agreement.
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AUTHORITY and CITY shall have the right to reproduce any such books, records, and accounts. The
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COOPERATIVE AGREEMENT NO. C -9 -0631
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above provision with respect to audits shall extend to and/or be included in contracts with
AUTHORITY's contractor.
ARTICLE 5. INDEMNIFICATION AND INSURANCE
A. AUTHORITY shall defend, indemnify and hold harmless the CITY, its officers, agents,
elected officials, and employees, from all liability, claims, losses and demands, including defense costs
and reasonable attorneys' fees, whether resulting from court action or otherwise, arising out of the acts
or omissions of AUTHORITY, its officers, agents, or employees, in the performance of the Agreement,
excepting acts or omissions directed by the CITY, its officers, agents, or employees, acting within the
scope of their employment, for which the CITY agrees to defend and indemnify AUTHORITY in a like
manner. This indemnity shall survive even after the termination of this Agreement.
CITY shall defend, indemnify and hold harmless the AUTHORITY, its officers, agents, elected
officials, and employees, from all liability, claims, losses and demands, including defense costs and
reasonable attorneys' fees, whether resulting from court action or otherwise, arising out of the acts or
omissions of CITY, its officers, agents, or employees, in the performance of the Agreement, excepting
acts or omissions directed by the AUTHORITY, its officers, agents, or employees, acting within the
scope of their employment, for which the AUTHORITY agrees to defend and indemnify CITY in a like
manner. This indemnity shall survive even after the termination of this Agreement
ARTICLE 6. ADDITIONAL PROVISIONS
A. The cost borne by the CITY represents agreed upon actual costs for CITY
IMPROVEMENTS.
B. This Agreement may be amended in writing at any time by the mutual consent of both
parties. No amendment shall have any force or effect unless executed in writing by both parties.
C. The persons executing this Agreement on behalf of the parties hereto warrant that they
are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this
Agreement, the parties hereto are formally bound to the provisions of this Agreement.
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COOPERATIVE AGREEMENT NO. C-9 -0631
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D. The AUTHORITY and the CITY shall comply with all applicable federal, state, and local
laws, statues, ordinances, and regulations of any governmental authority having jurisdiction over
PROJECT and/or CITY IMPROVEMENTS.
E. Notification and mailing address:
Any notices, requests, or demands made between the parties pursuant to this Agreement are to
be directed as follows:
To CITY:
To AUTHORITY:
City of Seal Beach
Orange County Transportation Authority
550 South Main Street
211 8 th Street
P. O. Box 14184
Seal Beach, CA 90740
Orange, CA 92863 -1584
Attention: Vince Mastrosimone
Attention: Kathleen Murphy -Perez
Director of Public Works
Manager, Contracts & Procurement
562 - 431 -2527
714- 560 -5743
F. The headings of all sections of this Agreement are inserted solely for the convenience of
reference and are not part of and not intended to govern, limit or aid in the construction or interpretation
of any terms or provision thereof.
G. The provision of this Agreement shall bind and inure to the benefit of each of the parties
hereto and all successors or assigns of the parties hereto.
H. If any term, provision, covenant or condition of this Agreement is held to be invalid, void
or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder to this
Agreement shall not be affected thereby, and each term, provision, covenant or condition of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
I. This Agreement may be executed and delivered in any number of counterparts, each of
which, when executed and delivered shall be deemed an original and all of which together shall
constitute the same agreement. Facsimile signatures will not be permitted.
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COOPERATIVE AGREEMENT NO. C -9 -0631
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J. This Agreement shall continue in full force and effect through final acceptance of CITY
IMPROVEMENTS by AUTHORITY or November 1, 2014, whichever is later. This Agreement may be
extended upon mutual agreement by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C- 9 -XXXX to be
executed on the date first above written.
CITY OF SEAL BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY
By:
David Carmany
City Manager
ATTEST:
By:
Linda Devine
City Clerk
APPROVED AS TO FORM:
By:
Will Kempton
Chief Executive Officer
APPROVED AS TO FORM:
By:
Kennard R. Smart, Jr.
General Counsel
APPROVAL RECOMMENDED:
By: By;
Quinn Barrow Kia Mortazavi
City Attorney Executive Director, Development
Dated:
Dated:
Page 8 of 8
COOPERATIVE AGREEMENT NO. C -9 -0631
EXHIBIT A
SEAL BEACH BOULEVARD OVERCROSSING WIDENING
Exhibit A
COOPERATIVE AGREEMENT NO. C -9 -0631
EXHIBIT B
SCOPE OF WORK
SEAL BEACH BOULEVARD OVERCROSSING WIDENING
The work consists of the following:
• Widen Seal Beach Boulevard Overcrossing to accommodate an additional lane in each direction
plus a northbound (NB) auxiliary lane for 1 -405 southbound (SB) off -ramp traffic and 1 -405 NB on-
ramp traffic, for a total of seven (7) lanes of traffic and a striped median.
• Widen NB and SB Seal Beach Boulevard to three lanes of traffic and add a NB auxiliary lane north
of the Seal Beach Boulevard Overcrossing and south of Old Ranch Parkway.
e Widen NB and SB Seal Beach Boulevard to three lanes of traffic and add a NB auxiliary lane north
of Beverly Manor Drive and south of the Seal Beach Boulevard Overcrossing.
o Improve the curb return at the north -west corner of the intersection at Seal Beach
Boulevard/Beverly Manor Drive.
c Provide pavement overlay north of the intersection at Seal Beach Boulevard /Beverly Manor Drive.
Provide pavement overlay and improve the curb returns at the intersection at Seal Beach
Boulevard/Old Ranch Parkway.
v Widen NB Seal Beach Boulevard north of Old Ranch Parkway for a distance of 150 feet to
accommodate three lanes of traffic.
Exhibit B
COOPERATIVE AGREEMENT NO. C -9 -0631
Exhibit C: Seal Beach Boulevard Overcrossing Widening Funding Breakdown
City of Seal Beach Matching Contribution
Account Number
Funding Type .
City Share -
95- SBCH -GMA -1188
GMA 6
$ 382,250
08 -SBCH -GMA -2885
GMA 6
$ 350,000
08- SBCH -GMA -2889
GMA 2
$ 225,000
08- SBCH -IIP -2882
IIP North
$ 592,240
08- SBCH -IIP -2886
IIP South
$ 592,240
08 -SBCH- SIP -2883
SIP North
$ 66,750
08 -SBCH- SIP -2888
SIP South
$ 66,750
City funds
$ 692,750
Subtotal $ 2,967,980
Authority Award to City of Seal Beach
.. Account Number
Funding Type
OCTA,Share
97 -SBCH- MPH -1154
MPAH
$ 1,680,000
08- SBCH -IIP -2882
IIP North
$ 1,258,510
08- SBCH -IIP -2886
IIP South
$ 1,258,510
08 -SBCH- SIP -2883
SIP North
$ 250,000
08 -SBCH- SIP -2888
SIP South
$ 250,000
Subtotal $ 4,697,020
City of Seal Beach Contribution $ 2,967,980
Authority Award $ 4,697,020
Total $ 7,665,000
'City of Seal Beach Matching Contribution includes $2,010,730 in Developer Fees.
Exhibit C
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COOPERATIVE AGREEMENT NO. C- 9- (pending)
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SEAL BEACH
THIS AGREEMENT, is made and entered into on this day of , 2009, by and
between the ORANGE COUNTY TRANSPORTATION AUTHORITY, 550 South Main Street, P.O. Box
14184, Orange California 92863 -1584, a public corporation of the State of California (herein referred to
as "AUTHORITY") and the CITY OF SEAL BEACH, 211 8 Street, Seal Beach, California 90740, a
municipal corporation (herein referred to as "CITY").
RECITALS:
WHEREAS, the AUTHORITY, in cooperation and partnership with the California Department of
Transportation (herein referred to as "STATE ") is proposing to implement capacity and operational
improvements on the San Diego Freeway (1 -405) that will link High Occupancy Vehicle (HOV) lanes
with those on the Garden Grove Freeway (SR -22) and San Gabriel River Freeway (1 -605) to create a
seamless HOV connection amongst the three freeways (herein referred to as "PROJECT'); and
WHEREAS, the PROJECT will add direct HOV bridge connectors, add an additional HOV lane
on 1 -405 between SR -22 and 1 -605, extend HOV lanes on SR -22 to 1 -405, extend HOV lanes on 1 -605
to 1 -405, demolish and reconstruct overcrossings, reconstruct on- and off - ramps, and other
improvements; and
WHEREAS, AUTHORITY has engaged Parsons Transportation Group Inc. and TRC Solutions
Inc. (herein referred to as "CONSULTANT') to prepare the plans, specifications, and estimate (PS &E)
for PROJECT. The final PS &E will be submitted to STATE who will advertise, award, and administer
the construction contract for PROJECT. The AUTHORITY, the primary funding agency for PROJECT,
Page 1 of 7
COOPERATIVE AGREEMENT NO. C- 9- (PENDING)
will continue to manage PROJECT through completion and will require STATE to comply with all
1 applicable requirements contained in this Agreement.
2 WHEREAS, this Cooperative Agreement defines the specific terms, conditions, and funding
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responsibilities between the AUTHORITY and CITY for completion of final design and construction for
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PROJECT.
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WHEREAS, the CITY's City Council approved this Agreement on the 10th day of.
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August , 2009; and
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8 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
follows:
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10 ARTICLE 1. COMPLETE AGREEMENT
11 This Agreement, including any attachments incorporated herein and made applicable
12 by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of
13 this agreement between AUTHORITY and CITY and it supersedes all prior representations,
14 understandings, and communications. The invalidity in whole or in part of any term or condition of
15 this Agreement shall not affect the validity of other term(s) or conditions(s).
16 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY
17 AUTHORITY agrees to the following responsibilities for PROJECT:
18 A. To provide staff to manage final engineering design and oversee STATE's
19 construction of PROJECT.
20 B. To oversee right of way acquisition and certification for PROJECT performed by
21 STATE.'
22 C. To monitor all PROJECT activities to ensure that the approved PROJECT schedule,
23 quality, and budget goals are met.
24 D. To prepare a Transportation Management Plan (TMP) for CITY review that addresses
25 construction - related impacts to existing CITY street traffic. The TMP will include normal traffic handling
26 requirements during PROJECT construction including staging, lane closures, restriping, detours, and
Page 2 of 7
COOPERATIVE AGREEMENT NO. C- 9- (PENDING)
signalization, and will specify requirements for communicating with the public and local agencies during
1 construction. AUTHORITY will adhere to and will require STATE to adhere to the approved TMP.
2 E. To reimburse CITY for actual costs, within 30 days of receipt of an acceptable invoice,
3 for providing traffic engineering services (including staff overhead and third party traffic signal
4
maintenance service costs contracted out by CITY) and any modifications to streets, intersections,
5
signals, etc. required to address traffic impacts during construction.
6
F. To reimburse CITY for actual costs, within 30 days of receipt of an acceptable invoice,
7
for providing police services for traffic management, as requested by the Project Resident Engineer.
8
9 G. To reimburse CITY for actual costs, within 30 days of an acceptable invoice, for
10 intermittent deployment of additional police services related to PROJECT traffic management, as
11 determined by CITY. Ongoing deployment of additional police services related to PROJECT traffic
12 management will require prior approval by the Project Resident Engineer.
13 H. CITY will be reimbursed for traffic engineering and police services in an amount not to
14 exceed ONE HUNDRED AND EIGHTY -FIVE THOUSAND DOLLARS ($185,000). This cost will not be
15 exceeded without the prior written amendment to this Agreement, which approval shall not be
16 unreasonably withheld or delayed, it being understood that this amount is an estimate based on the as-
17 needed and sporadic nature of the services and is subject to update.
18 I. To pay CITY a total amount of FIFTY -SEVEN THOUSAND DOLLARS ($57,000) as
19 mitigation for CITY street pavements that are determined to need repair due to the long -term signed
20 freeway detours from PROJECT on CITY streets. AUTHORITY will not be obligated to pay for any
21 additional costs beyond this amount for any deterioration of CITY streets due to PROJECT.
22 J. To implement a Public Awareness Campaign (PAC) during PROJECT construction
23
that advises CITY, local businesses, residents, elected officials, motorists, and media, of construction
24
status, street detours, and ramp and freeway closures.
25
ARTICLE 3. RESPONSIBILITIES OF CITY
26
CITY agrees to the following responsibilities for PROJECT:
Page 3 of 7
COOPERATIVE AGREEMENT NO. C- 9- (PENDING)
A. To collaborate and cooperate with AUTHORITY and STATE staff, CONSULTANT, and
1 contractors during design and construction of PROJECT.
2 B. To review and concur with the Transportation Management Plan (TMP) prepared by
3 AUTHORITY that addresses construction - related impacts to existing CITY street traffic. The TMP will
4
include normal traffic handling requirements during PROJECT construction including staging, lane
5
closures, restriping, detours, and signalization, and will specify requirements for communicating with the
6
public and local agencies during construction. Concurrence of TMP prepared by AUTHORITY will not
7
be unreasonably withheld.
8
9 C. To make reasonable efforts to issue no fee permits for work done within CITY
10 jurisdiction within thirty (30) days from request and not cause delay to PROJECT's construction
11 schedule.
12 D. To cooperate with AUTHORITY for the relocation, protection, and construction of utilities
13 within CITY, including any utilities that are the subject of a franchise agreement. However, the CITY
14 does not guarantee performance of its franchisees in connection with relocating utilities.
15 E. To waive any moratorium on the excavation or trenching work on CITY streets that have
16 been recently resurfaced where such excavation or trenching are necessary for PROJECT. However, if
17 a moratorium exists, STATE's contractor will be required to adhere to CITY's Engineer requirements for
18 the removal and replacement of pavement.
19 F. Upon completion and acceptance of work done within CITY jurisdiction, the
20 improvements will be turned over to CITY. CITY will not withhold its acceptance of work due to any
21 unreasonable requirements.
22 G. To submit monthly invoices to AUTHORITY for actual costs incurred by CITY for traffic
23
engineering, traffic signal maintenance, and police services and any modifications to city streets,
24
intersections, signals, etc. to address traffic or other impacts during PROJECT's construction. Any
25
costs in excess of the amount specified herein shall not be incurred without a written amendment to this
26
Agreement. CITY shall submit final invoice no later than ninety (90) days after final acceptance of
Page 4 of 7
COOPERATIVE AGREEMENT NO. C- 9- (PENDING)
PROJECT. Invoices shall be submitted in duplicate to AUTHORITY's Program Manager. Each invoice
1 shall reference this Agreement number; specify the work for which payment is being requested, the
2 time period covered by the invoice, the amount of payment requested, staff name and hourly rate, if
3 appropriate, and support documentation for all expenses invoiced.
4
ARTICLE 4. AUDIT AND INSPECTION
5
AUTHORITY and CITY shall maintain a complete set of records in accordance with generally accepted
6 '
accounting principles. Upon reasonable notice, AUTHORITY shall permit the authorized
7
representatives of the CITY to inspect and audit all work, materials, payroll, books, accounts, and other
8
9 data and records of AUTHORITY for a period of four (4) years after final payment, or until any on -going
10 audit is completed. For purposes of audit, the date of completion of this Agreement shall be the date of
11 AUTHORITY's payment of CITY's final billing (so noted on the invoice) under this Agreement.
12 AUTHORITY and CITY shall have the right to reproduce any such books, records, and accounts. The
13 above provision with respect to audits shall extend to and/or be included in contracts with
14 AUTHORITY's contractor.
15 ARTICLE 5. INDEMNIFICATION AND INSURANCE
16 A. AUTHORITY shall defend, indemnify and hold harmless the CITY, its officers, agents,
17 elected officials, and employees, from all liability, claims, losses and demands, including defense costs
18 and reasonable attorneys' fees, whether resulting from court action or otherwise, arising out of the acts
19 or omissions of AUTHORITY, its officers, agents, or employees, in the performance of the Agreement,
20 excepting acts or omissions directed by the CITY, its officers, agents, or employees, acting within the
21 scope of their employment, for which the CITY agrees to defend and indemnify AUTHORITY in a like
22 manner. This indemnity shall survive even after the termination of this Agreement.
23
B. CITY shall defend, indemnify and hold harmless the AUTHORITY, its officers, agents,
24
elected officials, and employees, from all liability, claims, losses and demands, including defense costs
25
and reasonable attorneys' fees, whether resulting from court action or otherwise, arising out of the acts
26
or omissions of CITY, its officers, agents, or employees, in the performance of the Agreement,
Page 5 of 7
COOPERATIVE AGREEMENT NO. C- 9- (PENDING)
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2
3
4
5
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excepting acts or omissions directed by the AUTHORITY, its officers, agents, or employees, acting
within the scope of their employment, for which the AUTHORITY agrees to defend and indemnify CITY
in a like manner. This indemnity shall survive even after the termination of this Agreement.
ARTICLE 6. ADDITIONAL PROVISIONS
A. This agreement is null and void if PROJECT is not awarded. However, AUTHORITY
agrees to reimburse CITY for any costs incurred up to the official date of notification to CITY that
PROJECT will not be awarded.
B. AUTHORITY and CITY shall comply with all applicable federal, state, and local laws,
statues, ordinances and regulations of any governmental authority having jurisdiction over the
PROJECT.
C. Notification and mailing address:
Any notices, requests, or demands made between the parties pursuant to this Agreement are to
be directed as follows:
To CITY:
To AUTHORITY:
City of Seal Beach
Orange County Transportation Authority
211 8 th Street
550 South Main Street
Seal Beach, CA 90740
P. O. Box 14184
Orange, CA 92863 -1584
Attention: Michael Ho
Attention: Kathleen Murphy -Perez
City Engineer
Manager, Contracts & Procurement
562- 431 -2527
714- 560 -5743
D. This Agreement shall continue in full force and effect through final acceptance of
PROJECT by AUTHORITY, or until December 31, 2017 whichever is later. This Agreement may be
extended at the mutual consent of both parties.
Page 6 of 7
COOPERATIVE AGREEMENT NO. C-9- (PENDING)
1
2
3
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C- 9- pending to be
executed on the date first written above.
CITY OF SEAL BEACH
By:
David Carmany
City Manager
ATTEST:
By:
Linda Devine
City Clerk
APPROVED AS TO FORM:
By:
Quinn Barrow
City Attorney
Dated:
ORANGE COUNTY TRANSPORTATION AUTHORITY
By:
James S. Kenan
Chief Executive Officer
APPROVED AS TO FORM:
By:
Kennard R. Smart, Jr.
General Counsel
APPROVAL RECOMMENDED:
By:
Kia Mortazavi
Executive Director, Development
Dated
Page 7of7
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