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HomeMy WebLinkAboutAGMT - California Dept. of Transportation (405 Bridge Widening)12 -ORA -405 KP 36.4 Ramp and Ramp Termini Intersection Improvement At Seal Beach Boulevard 12208- 09820k District Agreement No. 12 -376 COOPERATIVE AGREEMENT This AGREEMENT, ENTERED INTO EFFECTIVE ON fa • 0- g , 2004, 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 California, referred to herein as "CITY ". 015779 District Agreement No. 12 -376 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 State highway improvements consisting of widening the Northbound and Southbound I-405 Seal beach Boulevard off -ramps to provide additional lane, and to widen ramp termini intersections to provide for additional movements, referred to herein as "PROJECT ", and is willing to fund one hundred percent (100 %) of all capital outlay and staffing costs, except for costs of STATE's quality assurance of environmental, design and right of way activities. 3. STATE's funds will not be used to finance any of the capital and support costs for PROJECT. 4. This Agreement supersedes any prior Memorandum of Understanding (MOU) relating to PROJECT. 5. Construction of PROJECT will be the subject of a separate future Agreement. 6. The parties hereto intend to define herein the terms and conditions under which PROJECT is to be developed, designed, and financed. SECTION I CITY AGREES: 1. To fund one hundred percent (100 %) of all preliminary and design engineering costs, including, but not limited to, costs incurred for the preparation of contract documents, advertising for bids, and for awarding the construction contract for PROJECT. 2. To have a combined Project Study Report (PSR) /Project Report (PR), including all necessary environmental documentation (ED), and detailed Plans, Specifications, and Estimate (PS &E) prepared, at no cost to STATE, and to submit each to STATE for STATE's review and concurrence at appropriate stages of development. The PSR/PR, and the final plans and specifications for PROJECT shall be signed by a Civil Engineer registered in the State of California. 3. To permit STATE to monitor and participate in the selection of personnel who will prepare the PSR/PR, conduct environmental studies and obtain approval for PROJECT, prepare the PS &E, and provide the right of way engineering services, and to permit STATE to oversee the performance of right of way activities. CITY agrees to consider any request by STATE to discontinue t he services o f any personnel considered by STATE to be unqualified on the basis of credentials, professional expertise, failure to perform in accordance with the scope of work and/or other pertinent criteria. 0157 "'9 District Agreement No. 12 -376 4. Personnel who prepare the PS &E and right of way maps shall be made available to STATE, at no cost to STATE, through completion of construction of PROJECT to discuss problems which may arise during construction and/or to make design revisions for contract change orders. 5. To not use funds from STATE for any capital and support costs for PROJECT. 6. To make written application to STATE for necessary encroachment permits authorizing entry of CITY onto the State highway right of way to perform surveying and other investigative activities required for preparation of the PSR/PR, ED, and/or PS &E. 7. To identify and locate all utility facilities within the area of PROJECT as part of the design responsibility for PROJECT. A 11 u tility facilities n of r elocated o r r emoved in advance o f construction shall be identified on the PS &E for PROJECT. 8. To identify and locate all high and low risk underground facilities within the area of PROJECT and to protect or otherwise provide for such facilities, all in accordance with STATE's "Manual on High and Low Risk Underground Facilities Within Highway Rights of Way ". CITY hereby acknowledges receipt of STATE's "Manual on High and Low Risk Underground Facilities Within Highway Rights of Way ". 9. 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 included in the improvement to the State highway and in accordance with CITY's policy for those facilities which are or will be located outside of the limits of the State highway. The total costs to PROJECT of such protection, relocation, or removal within the present or future State highway right of way shall be determined in accordance with STATE's policies and procedures. 10. To furnish evidence to STATE, in a form acceptable to STATE, that arrangements have been made for the protection, relocation, or removal of all conflicting facilities within the State highway right of way and that such work will be completed prior to the award of the contract to c onstruct P ROJECT o r as covered i n the PS &E for said c ontract. T his evidence shall include a reference to all required State highway encroachment permits. 11. CITY shall require any utility owner and/or its contractor performing the protection or relocation work within the State highway right of way to obtain an encroachment permit from STATE prior to the performance of said work. 12. To acquire and furnish all right of way, if any, outside of the existing State highway right of way and to perform all r ight of way activities, i ncluding all eminent domain activities, if necessary, at no cost to STATE, and in accordance with procedures acceptable to STATE. These activities shall comply with all applicable State and Federal laws and regulations, sub- ject to STATE's quality assurance to insure that the completed work is acceptable for incorporation into the State highway right of way. 015779 District Agreement No. 12 -376 13. To utilize the services of a qualified public agency or a qualified consultant, as determined by STATE's District Division Chief of Right of Way, in all matters related to the acquisition of right of way in accordance with STATE'S procedures as published in STATE's current Right of Way Manual. Whenever personnel other than personnel of a qualified public agency are utilized, administration of the personnel contract shall be performed by a qualified Right of Way person employed or retained by CITY. 14. To certify legal and physical control of right of way ready for construction and that all right of way parcels were acquired in accordance with applicable State and Federal laws and regulations, subject to review and concurrence by STATE prior to the advertisement for bids for the contract to construct PROJECT. 15. To deliver to STATE legal title to the right of way, including access rights, free and clear of all encumbrances detrimental to STATE's present and future uses not later than the date of acceptance by STATE of maintenance and operation of the highway facility. Acceptance of said title by STATE is subject to a review of a Policy of Title Insurance in the name of the State of California to be provided and paid for by CITY. 16. To be responsible, at CITY's expense, for the investigation of potential hazardous material sites within and outside of the existing State highway right of way that would impact PROJECT as part of the responsibility for the ED for PROJECT. If CITY encounters hazardous material or contamination within the existing State highway right of way during said investigation, CITY shall immediately notify STATE and responsible control agencies of such discovery. 17. If CITY desires to have STATE advertise, award, and administer the construction contract for PROJECT, CITY shall provide all plans prepared by CITY or CITY's consultant on either 4 or 8 millimeter magnetic tape using Micro Station Release 5.0 .dgn files in UNIX TAR or CPIO format. One copy of the data on the magnetic tape, including the Engineer's electronic signature and seal, shall be provided to STATE upon completion of the final PS &E for PROJECT. STATE reserves the right to modify the magnetic tape requirements and STATE shall provide CITY advance notice of any such modifications. Reimbursement to STATE for costs incurred by STATE to advertise, award, and administer the construction contract for PROJECT will be covered in the separate Cooperative Agreement referred to in Article 12 of Section III of this Agreement. 18. To obtain, at CITY' s expense, all necessary permits and/or agreements from appropriate regulatory agencies. All mitigation, monitoring, and/or remedial action required by said permits shall constitute parts of the cost of PROJECT. 19. All aerial photography and photogrammetric mapping shall conform to STATE's latest standards. 015779 District Agreement No. 12 -376 20. A copy of all original survey documents resulting from surveys performed for PROJECT, including original field notes, adjustment calculations, final results, and appropriate intermediate documents, shall be delivered to STATE and shall become property of STATE. For aerial mapping, survey documents to be furnished are three sets of contract prints, with one set showing control, a complete photo index - two prints and a copy of the negative, and the original aerial photography negative. 21. STATE's quality assurance activities referred to in Article I of Section II of this Agreement does not include performance of any engineering services required for PROJECT. These services are to be performed by CITY. If CITY requests STATE to perform any of these services, CITY shall reimburse STATE for such services. An Amendment to this Agreement authorizing S TATE's p erformance o f such s ervices will be required prior to performance of any engineering work by STATE. 22. CITY shall provide electronic "As- builts" within thirty (30) days of completion and acceptance of the construction contract for PROJECT in the format stated above in Article 17 of this Section I. 23. To provide, at no cost to STATE, survey and mapping services necessary to perpetuate existing land net and alignment monumentation in accordance with Sections 8771 and 8765 of the Business and Professions Code; and to permanently monument the location of all roadway alignments, realignments, and right of way acquisitions. All of the above are to be shown on a Record of Survey filed with the County Surveyor. CITY shall deliver one copy of any field notes, filed Corner Records, and the Record of Survey required for execution of the above obligation, to STATE's District 12 Survey Branch. 24. To prepare Right of Way Engineering Hard Copies, Right of Way Appraisal Maps, Record of Surveys, and Right of Way Record Maps in accordance with the State of California Right of Way Manual, Chapter 6 - Right of Way Engineering, the State of California Drafting and Plans Manual, the State of California Surveys Manual Chapter 10, applicable State laws, and other pertinent reference material and examples as provided by STATE. 25. To have all necessary Right of Way Maps and Documents used to acquire right of way by CITY, prepared by or under the direction of a person authorized to practice land surveying in the State of California. Each Right of Way Map and Document shall bear the appropriate professional seal, certificate number, expiration date of registration certification and signature of the licensed person in "Responsible Charge of Work ". 26. To submit to STATE for review and acceptance all Right of Way Engineering Hard Copies and Right of Way Appraisal Maps with appurtenant back -up and reference data prior to preparation of legal descriptions and acquisition documents. 27. Personnel who prepare right of way maps, documents, and related materials shall be made available to STATE, at no cost to STATE, during and after construction of PROJECT until completion and acceptance by STATE of Right of Way Record Maps and Records of Surveys. 015779 SECTION II STATE AGREES: District Agreement No. 12 -376 1. At no cost to CITY, to provide quality assurance activities of all work on PROJECT done by CITY, including, but not limited to, investigation of potential hazardous material sites and all right of way activities undertaken by CITY or its designee, to provide prompt reviews and ap- provals, as appropriate, of submittals by CITY, and to cooperate in timely processing of PROJECT. 2. Upon proper application by CITY, to issue, at no cost to CITY, an encroachment permit to CITY a uthorizing entry onto t he S tate highway r ight o f w ay to perform survey and other investigative activities required for preparation of the PSR/PR, ED, and/or PS &E. If CITY uses consultants rather than its own staff to perform required work, the consultants will also be required to obtain a separate encroachment permit. These permits will be issued at no cost upon proper application by the consultants. 015779 SECTION III IT IS MUTUALLY AGREED: District Agreement No. 12 -376 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature to STATE for the purposes of fulfilling STATE's obligations herein. 2. The parties hereto will carry out PROJECT in accordance with the Scope of Work, attaehed and made a part of the Agreement, which outlines the specific responsibilities of the parties hereto. The attached Scope of Work may be modified in writing in the future to reflect changes in the responsibilities of the respective parties. Such modifications shall be concurred with by CITY's Director of Public Works or other official designated by CITY and STATE's District Director for District 12 and become a part of this Agreement after execution of the amending document by the respective officials of the parties. 3. The Project Study Report (PSR) for PROJECT, approved on April 18, 2003 is by this reference, made an express part of this Agreement. 4. The basic design features (as defined in Attachment 3 of the Scope of Work for PROJECT) shall comply with those addressed in the approved PSR/PR, unless modified as required for environmental clearance and/or FHWA approval of PROJECT. 5. The design, right of way acquisition, and preparation of environmental documents for PROJECT shall be performed in accordance with STATE's standards and practices current as of the date of performance. Any exceptions to applicable design standards shall first be approved by STATE via the processes outlined in STATE's Highway Design Manual and appropriate memorandums and design bulletins published by STATE. In the event that STATE proposes and /or requires a change in design standards, implementation of new or revised design standards shall be done as part of the work on PROJECT in accordance with STATE's current Highway Design Manual Section 82.5, "Effective Date for Implementing Revisions to Design Standards ". STATE shall consult with CITY in a timely manner regarding effect of proposed and/or required changes on PROJECT. 6. CITY's share of all changes in development and construction costs associated with modifications to the basic design features as described above shall be in the same proportion as described in this Agreement, unless mutually agreed to the contrary by STATE and CITY in a subsequent amendment to this Agreement. 7. Any hazardous material or contamination of an HM- 1 category found within the existing State highway right of way during investigative studies 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 a HM -1 category found within the local road right of way during investigative studies requiring the same defined remedy or remedial action shall be the responsibility of CITY. For the purpose of this Agreement, hazardous material or "15'779 LI 1 District Agreement No. 12 -376 contamination of HM -1 category is d efined as t hat 1 evel o r t ype o f contamination which State or Federal regulatory control agencies having jurisdiction have determined must be remediated by reason of its mere discovery, regardless of whether it is disturbed by PROJECT or not. If CITY decides to not proceed with PROJECT, STATE shall sign the HM -1 manifest and pay all costs for required remedy or remedial action within the existing State highway right of way and CITY shall sign the HM -1 manifest and pay all costs for required remedy or remedial action within the local road right of way. If CITY and STATE decide to proceed with PROJECT, STATE shall sign the HM -1 manifest and pay all costs for required 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 CITY's decision to proceed with PROJECT, that additional cost identified by STATE shall be deemed a part of the costs of PROJECT. CITY shall sign the HM -1 manifest and pay all costs for required remedy or remedial action within the local road right 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 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. 8. The remedy or remedial action with respect to any hazardous material or contamination of an HM -2 c ategory found w ithin t he e xisting State highway right of way during investigative studies shall be the responsibility of CITY, at CITY' s expense, if CITY decides to proceed with PROJECT. For the purposes of this Agreement, hazardous material or contamination of HM -2 category is defined as that level or type of contamination which said regulatory control agencies would have allowed to remain in place if undisturbed or otherwise protected in place should PROJECT not proceed. CITY shall sign any HM -2 storage manifest if PROJECT proceeds a nd HM -2 material must be removed in lieu of being treated in place. If CITY decides to not proceed with PROJECT, there will be no obligation to either CITY or STATE other than CITY's duty to cover and protect HM -2 material left in place. 9. If hazardous material or contamination of either HM -1 or HM -2 category is found on new right of way to be acquired by CITY for PROJECT, CITY, as between CITY and STATE only, shall be responsible, a t CITY's e xpense, for all required remedy or remedial action and/or protection and s hall g uarantee S TATE t hat said n ew right o f w ay i s c lean p rior t o transfer of title to STATE in accordance with Article 15 of Section I of this Agreement. The generator of the hazardous material or, if none can be identified or found, the present property owner, whether a private entity or a local public agency, or CITY, as a last resort, shall sign the manifest. 10. Locations subject to remedy or remedial action and/or protection include u tility r elocation 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. (.45779 District Agreement No. 12 -376 11. The party responsible for funding any hazardous material cleanup shall be responsible for the development of the necessary remedy and/or remedial a ction p lans and designs. R emedial 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. 12. A separate Cooperative Agreement will be required to cover responsibilities and funding for the construction phase of PROJECT. 13. Nothing in the provisions of this Agreement is intended to create duties or obligations to, or tie a third party who is not a parties to this Agreement, or to affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the development, design, construction, operation or maintenance of State highways and public facilities different from the standard of care imposed by law. 14. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Govemment Code Section 895.4, CITY shall fully defend, indemnify and save harmless STATE and all its officers and employees from all claims, s uits or a ctions o f e very n ame, k ind and d escription brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 15. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Govemment Code Section 895.4, STATE shall fully defend, indemnify and save harmless 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 under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 16. This Agreement may be terminated or provisions contained herein may be altered, changed, or amended by mutual consent of the parties hereto. 17. Except as otherwise provided in Article 13 above, this Agreement shall terminate upon completion and acceptance of the construction contract for PROJECT, or on December 31, 2006, whichever is earlier in time. 015779 STATE OF CALIFORNIA Department of Transportation JEFF MORALES Director of Transportation By: .J, re/ E •U 1 •NSO eputy District Director Design/Construction APPROVED AS TO FORM AND PROCEDURE: Attorney, Department of Transportation CERTIFIED AS TO FINANCIAL TERMS CONDITIONS: B ting Administrator CERTIFIED AS TO FUNDS: By: i o District B dget Manager oh /h2d a 5� . District Agreement No. 12 -376 CITY OF SEAL BEACH By: Director of Public Works APPROVED AS TO FORM: rney, City of Seal Beach U15779 District Agreement No. 12 -376 SCOPE OF WORK This Scope of Work outlines the specific areas of responsibility for various project devel- opment activities for the proposed Widening of existing overcrossing of Route I -405 at Seal Beach Boulevard and widening of both Northbound and Southbound off -ramps at Seal Beach Boulevard. 1. CITY will be the Lead Agency and STATE will be a Responsible Agency for CEQA. CITY will assess impacts of PROJECT on the environment and, if necessary, CITY will prepare the Environmental Document (ED) to meet the requirements of CEQA. CITY will provide all data for and prepare drafts of the Draft Project Report (DPR) and the Project Report (PR). CITY will be responsible for the public hearing process. 2. CITY and STATE concur that the proposal is a Category 4B as defined in STATE% Project Development Procedures Manual. 3. CITY will submit drafts of environmental technical r eports and i ndividual sections of t he draft environmental documents to STATE, as they are developed, for review and comment. Traffic counts and projections to be used in the various reports shall be supplied by STATE if available, or by CITY. Existing traffic data shall be furnished by CITY. 4. STATE will review, monitor, and approve all project development reports, studies, and plans, and provide all necessary implementation activities up t o but not including advertising of PROJECT. 5. The existing freeway agreement need not be revised. 6. All phases of PROJECT, from inception through construction, whether done by CITY or STATE, will be developed in accordance with all policies, procedures, practices, and standards that STATE would normally follow. 7. Detailed steps in the project development process are attached to this Scope of Work. These Attachments are intended as a guide to STATE's and CITY's staff. 015779 District Agreement No. 12 -376 ATTACHMENT 1 PLANNING PHASE ACTIVITIES PROJECT ACTIVITY RESPONSIBILITY STATE LOCAL AGENCY 1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION Establish Project Development Team (PDT) X X Approve PDT X Project Category Determination X Prepare Preliminary Environmental Assessment X Provide Quality Assurance X Provide Quality Control X Identify Preliminary Alternatives and Costs X Prepare and Submit Environmental Studies and Reports X Approve Environmental Studies and Reports X Prepare and Submit Draft Environmental Document (DED) X Review DED in District X 2. PROJECT GEOMETRICS DEVELOPMENT Prepare Existing Traffic Analysis X Prepare Future Traffic Volumes for Alternatives X Prepare Project Geometrics and Profiles X Prepare Layouts and Estimates for Alternatives X Prepare Operational Analysis for Alternatives X Provide Quality Assurance Provide Quality Control X Approve Project Geometrics and Operational Analysis X 3. PROJECT APPROVAL Lead Agency for Environment Compliance Certifies ED in Accordance X X with its Procedures Prepare Draft Project Report (DPR) X Finalize and Submit Project Report with Certified ED for Approval X Provide Quality Assurance X Provide Quality Assurance X Approve Project Report X 015779 District Agreement No. 12 -376 ATTACHMENT 2 DESIGN PHASE ACTIVITIES PROJECT ACTIVITY RESPONSIBILITY STATE LOCAL AGENCY 1. PRELIMINARY COORDINATION Request 1 - Phase EA X Provide Quality Assurance X Provide Quality Control Field Review of Site X Provide Geometrics Approve Geometries X Obtain Surveys & Aerial Mapping Obtain Copies of Assessor Maps and Other R/W Maps Obtain Copies of As- Builts Send Approved Geometrics to Local Agencies for Review X Revise Approved Geometries if Required Approve Final Geometries X Determine Need for Permits from Other Agencies X Request Permits Initial Hydraulics Discussion with District Staff Initial Electrical Design Discussion with District Staff Initial Traffic & Signing Discussion with District Staff Initial Landscape Design Discussion with District Staff Plan Sheet Format Discussion X 2. ENGINEERING STUDIES AND REPORTS Provide Quality Assurance X Provide Quality Control Prepare & Submit Materials Report & Typical Section Approve Materials Report & Typical Section X Prepare & Submit Landscaping Recommendation Approve Landscaping Recommendation X Prepare & Submit Hydraulic Design Studies Approve Hydraulic Design Studies X Prepare & Submit Bridge General Plan & Structure Type Selection Approve Bridge General Plan & Structure Type Selection X 015779 District Agreement No. 12 -376 RESPONSIBILITY STATE LOCAL AGENCY PROJECT ACTIVITY 3. R/W ACQUISITION & UTILITIES (Used when qualified Local Agency is performing R/W activities.) Provide Quality Assurance X Provide Quality Control X Request Utility Verification X Request Preliminary Utility Relocation Plans from Utilities X Prepare R/W Requirements X Prepare R/W and Utility Relocation Cost Estimates X Submit R/W Requirements & Utility Relocation Plans for Review X Review and Comment on R/W Requirements X Longitudinal Encroachment Review X Longitudinal Encroachment Application to District X Approve Longitudinal Encroachment Application X Request Final Utility Relocation Plans X Check Utility Relocation Plans X Submit Utility Relocation Plans for Approval X Approve Utility Relocation Plans X Submit Final R/W Requirements for Approval X Fence and Excess Land Review X R/W Layout Review X Approve R/W Requirements X Obtain Title Reports X Complete Appraisals X Review and Approve Appraisals for Setting Just Compensation X Prepare Acquisition Documents X Acquire R/W X Open escrows and Make Payments X Obtain Resolution of Necessity X Perform Eminent Domain Proceedings X Provide Displacee Relocation Services X Prepare Relocation Payment Valuations X Provide Displacee Relocation Payments X Perform Property Management Activities X Perform R/W Clearance Activities X Prepare and Submit Certification of R/W X Review and Approve Certification of R/W X Transfer R/W to STATE X Approve & Record Title Transfer Documents X Prepare R/W Record Maps X 0157(9 District Agreement No. 12 -376 PROJECT ACTIVITY 4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES Provide Quality Assurance RESPONSIBILITY STATE LOCAL AGENCY X Provide Quality Control X Prepare and Submit Preliminary Stage Construction Plans X Approve Preliminary Stage Construction Plans X Calculate and Plot Geometries X Cross - Sections & Earthwork Quantities Calculation X Prepare and Submit BEES Estimate X Put Estimate in BEES X Local Review of Preliminary Drainage Plans and Sanitary Sewer and X Adjustment Details Prepare & Submit Preliminary Drainage Plans X Approve Preliminary Drainage Plans X Prepare Traffic Striping and Roadside Delineation Plans & Submit for X Approval Approve Traffic Striping and Roadside Delineation Plans X Prepare & Submit Landscaping and/or Erosion Control Plans Approve Landscaping and/or Erosion Control Plans Prepare & Submit Preliminary Electrical Plans Approve Preliminary Electrical Plans Prepare & Submit Preliminary Signing Plans Approve Preliminary Signing Plans Quantity Calculations Safety Review Prepare Specifications Prepare & Submit Checked Structure Plans Approve Checked Structure Plans Prepare Final Contract Plans Prepare Lane Closure Requirements Approve Lane Closure Requirements Prepare & Submit Striping Plan Approve Striping Plan Prepare Final Estimate Prepare & Submit Draft PS &E Approve Draft PS &E Finalize & Submit PS&E to District X X X X X X X X X X X X X X X X X X X X X 015779 District Agreement No. 12 -376 ATTACHMENT 3 DEFINITIONS Basic Design Features and a general description of the facility: • Widening the Northbound and Southbound I -405 Seal beach Boulevard off -ramps to provide additional lane, widening ramp termini intersections to provide for additional movements. • Design speed of I -405 at project location is 110 kph and design speed of Seal Beach Boulevard at project location is 80 kph. • I -405 has 1 HOV and 6 through lanes in each direction. Seal Beach Boulevard has total of 4 lanes existing and 6 lanes proposed. • Proposed Seal Beach Boulevard Overcrossing will have 3.6 meter through lanes and 2.4 meter shoulders. U I.57 "i' 9 M I N U T E E X C E R P T Seal Beach, California February 23, 2004 CITY `HALL` 21;1; EIGHTI-I STREET SEAL';BEACH CALIFORNIA "90741) "(562)`4131'7252;,'"vAvw ci :sel- beach.ca.us The City Council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor Campbell calling the meeting to order. Brownie Troop 1433 presented the Colors and led the Salute to the Flag. The members of the Troop introduced themselves and Mayor Campbell presented each with a City pin. ROLL CALL Present: Mayor Campbell Councilmembers Antos, Campbell, Doane, Yost Absent: None CONSENT CALENDAR - ITEMS "E" thru "U" Yost moved, second by Larson, to approve the recommended action for items on the Consent Calendar as presented, except for Items "0" and "U ", removed for separate consideration. K. Approved the California Department of Transportation (CalTrans) Cooperative Agreement 12 -376 for the Seal Beach Boulevard and Interstate 405 Bridge Approach Widen Project No. 49750, and authorized the Director of Public Works to execute same on behalf of the City. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried 015779 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the above is a true and correct copy of the minute order 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 thereof held on the 23rd day of February, 2004. DATED this 1st day of March, 2004 L.7 Joanne M. Yeo, City Clerk p_ty of Seal Beach 015779 District Agreement No. 12 -376 STATE OF CALIFORNIA CITY OF SEAL BEACH Department of Transportation JEFF MORALES Director of Transportation By: ENRIQUE ALONSO Deputy District Director Design/Construction APPROVED AS TO FORM AND PROCEDURE: By: Attorney, Department of Transportation CERTIFIED AS TO FINANCIAL TERMS CONDITIONS: By: Accounting Administrator CERTIFIED AS TO FUNDS: By: District Budget Manager By'/ t� Direr of Public Works By. ir'O Clerk APPROVED AS TO FORM: By: Attorney, City of Seal Beach • • 12 -ORA -405 KP 36.4 Overcrossing and O$ -ramps widening at Seal Beach Boulevard 12208- 09820k District Agreement No. 12 -376 COOPERATIVE AGREEMENT This AGREEMENT, entered into on , 1999, 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 California, referred to herein as CITY. , • • District Agreement No. 12 -376 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 high- ways within CITY. 2. CITY desires State highway improvements consisting of widening the vehicle Overcrossing on Interstate 405 at Seal Beach Boulevard and widening the on and off ramps, referred to herein as "PROJECT ". CITY is willing to fund one hundred percent (100 %) of all capital outlay and staffing costs, except for costs of STATE's oversight of environmental, design and right of way activities. 3. STATE's funds will not be used to finance any of the capital and support costs for PROJECT except as outlined in Section II Articles 1 and 2. 4. This Agreement supersedes any prior Memorandum of Understanding (MOU) relat- ing to PROJECT. 5. Construction of said PROJECT will be the subject of a separate future Agreement. 6. The parties hereto intend to define herein the terms and conditions under which PROJECT is to be developed, designed, and financed. SECTION I CITY AGREES: 1. To fund one hundred percent (100 %) of all preliminary and design engineering costs, including, but not limited to, costs for preparation of contract documents and advertising and awarding the PROJECT construction contract. 2. To have a Project Study Report (PSR), Project Report (PR), including all necessary environmental documentation, and detailed Plans, Specifications and Estimate (PS &E) prepared at no cost to STATE and to submit each to STATE for review and approval at appropriate stages of development. PSR, PR, final plans and standard special provisions shall be signed by a Civil Engineer registered in the State of California. 3. To permit STATE to monitor and participate in the selection of personnel who will prepare the PSR, PR, conduct environmental studies and obtain PROJECT approval, prepare the PS &E, provide the right of way engineering services, and perform right of way activities. CITY agrees to consider any request by STATE to discontinue the services of any personnel considered by STATE to be unqualified on the basis of credentials, professional expertise, failure to perform in accordance with scope of work and /or other pertinent criteria 4. Personnel who prepare the PS &E and right of way maps shall be available to STATE, at no cost to STATE, through completion of construction of PROJECT to discuss problems which may arise during construction and /or to make design revi- sions for contract change orders. • • District Agreement No. 12 -376 5. Not to use STATE's funds for any capital and support costs for PROJECT and to not use funds from any Federal -aid program for design or acquisition of right of way for PROJECT except as outlined in Section II Articles 1 and 2. 6. To make written application to STATE for necessary encroachment permits autho- rizing entry onto STATE's right of way to perform surveying and other investigative activities required for preparation of the PSR, PR, ED and /or PS &E. 7. To identify and locate all utility facilities within the PROJECT area as part of its PROJECT design responsibility. All utility facilities whether or not relocated or removed in advance of construction shall be identified on the PROJECT plans and specifications. 8. To identify and locate all high and low risk underground facilities within PROJECT area and to protect or otherwise provide for such facilities, all in accordance with STATE's "Manual on High and Low Risk Underground Facilities Within Highway Rights of Way ". Available at Caltrans Internet site. 9. If any existing public and/or private utility facilities conflict with PROJECT con- struction or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their protection, relocation or removal in accordance with STATE policy and procedure for those facilities located within the limits of work providing for the improvement to the State highway and in accordance with CITY policy for those facilities located outside of the limits of work for the State highway. The total costs to PROJECT of such protection, relocation or removal shall be in accordance with STATE policy and procedure. 10. To furnish evidence to STATE, in a form acceptable to STATE, that arrangements have been made for the protection, relocation, or removal of all conflicting facilities within STATE's right of way and that such work will be completed prior to the award of the contract to construct PROJECT or as covered in the Special Provisions for said contract. This evidence shall include a reference to all required State high- way encroachment permits. 11. CITY shall require the utility owner performing the relocation work within STATE's right of way to obtain a STATE encroachment permit prior to the performance of said relocation work. 12. To perform all right of way activities, including all eminent domain activities, if necessary, at no cost to STATE, in accordance with procedures acceptable to STATE, and in compliance with all applicable State and Federal laws and regulations, subject to STATE oversight to insure that the completed work is acceptable for incorporation into the State highway right of way. CITY shall prepare a right of way data sheet. 13. To utilize the services of a qualified public agency in all right of way acquisition re- lated matters in accordance with STATE procedures as contained in Right of Way Procedural Handbook, Volume 9. Whenever personnel other than personnel of a qualified public agency are utilized, administration of the personnel contract shall be performed by a qualified Right of Way person employed or retained by CITY. • • District Agreement No. 12 -376 14. To certify legal and physical control of right of way ready for construction and that all right of way has been acquired in accordance with applicable State and Federal laws and regulations subject to review and concurrence by STATE prior to the advertisement for bids for construction of PROJECT. 15. To deliver to STATE legal title to the right of way, including access rights, free and clear of all encumbrances detrimental to STATE's present and future uses not later than the date of acceptance by STATE of maintenance and operation of the highway facility. Acceptance of said title by STATE is subject to a review of a Policy of Title Insurance in STATE's name to be provided and paid for by CITY. 16. To be responsible at CITY's expense, for the investigation of potential hazardous material sites within and outside of the existing State highway right of way that would impact PROJECT as part of the responsibility for the ED for PROJECT. 17. To be responsible, at no cost to STATE, for the investigation and mitigation of lead in soil from vehicle emissions that may be encountered during the excavation of unpaved areas required for construction of PROJECT. CITY shall perform the lead investigation at the beginning of design and if necessary (according to the variance issued to Caltrans by Department of Toxic Substances Control and other regulations) prepare and include the Special Provisions for Aerially Deposited Lead in the PS &E package. 18. To be responsible, at no cost to STATE for remedy or remedial action of hazardous material found on present and proposed state highway right of way to be acquired for PROJECT. 19. If CITY desires to have STATE advertise, award and administer the construction contract for PROJECT, CITY shall provide all plans prepared by CITY or CITY's consultant on either 4 or 8 millimeter magnetic tape using Micro Station Release 5.0 .dgn files in UNIX TAR or CPIO format. One copy of the data on the magnetic tape, including the Engineer's electronic signature and seal, shall be provided to STATE upon completion of the final PS &E for PROJECT. STATE reserves the right to modify the magnetic tape requirements and STATE shall provide CITY advance notice of any such modifications. At the conclusion of construction CITY is to provide two (2) sets of as -built plans to STATE at no cost (1 hard copy and 1 electronic file). 20. To obtain, at CITY's expense all necessary permits and /or agreements from appropriate regulatory agencies. All mitigation, monitoring, and /or remedial action required by said permits shall constitute parts of the cost of PROJECT. 21. To prepare and submit to STATE Storm Water Pollution Control PS &E which conforms to all correct Federal and STATE regulations and to correct Caltrans policies and procedures. • • SECTION II STATE AGREES: District Agreement No. 12 -376 1. To provide, at no cost to CITY, oversight of PROJECT and to provide reviews and approvals, as appropriate, of submittals by CITY, and to cooperate in timely processing of PROJECT. 2. To provide, at no cost to CITY, oversight of all right of way activities undertaken by CITY, or its designee, pursuant to this Agreement. 3. To issue, at no cost to CITY, upon proper application by CITY, an encroachment permit to CITY authorizing entry onto STATE's right of way to perform survey and other investigative activities required for preparation of the PSR, PR, ED and /or PS &E. If CITY uses consultants rather than its own staff to perform required work, the consultants will also be required to obtain an encroachment permit. The permit will be issued at no cost upon proper application by the consultants. • • SECTION III IT IS MUTUALLY AGREED: District Agreement No. 12 -376 1. All obligations of STATE under the terms of this Agreement are subject to the ap- propriation of resources by the Legislature to STATE for the purposes of fulfilling STATE's obligations herein. 2. The parties hereto will carry out PROJECT in accordance with the Scope of Work, attached and made a part of this Agreement, which outlines the specific responsibilities of the parties hereto. The attached Scope of Work may in the future be modified in writing to reflect changes in the responsibilities of the respective parties. Such modifications shall be concurred with by CITY's Director of Public Works or other official designated by CITY and STATE's District Director for District 12 and become a part of this Agreement after execution by the respective officials of the parties. 3. The design, right of way acquisition, and preparation of environmental documents for PROJECT shall be performed in accordance with STATE standards and practices current as of the date of execution of this Agreement. Any exceptions to applicable design standards shall be approved by STATE via the processes outlined in STATE's Highway Design Manual and appropriate memorandums and design bulletins published by STATE. In the event that STATE proposes and /or requires a change in design standards, implementation of new or revised design standards shall be done in accordance with STATE's memorandum "Effective Date for Implementing Revisions to Design Standards ", dated February 8, 1991. STATE shall consult with CITY in a timely manner regarding effect of proposed and /or required changes on PROJECT. 4. CITY's share of all changes in development and construction costs associated with modifications to the basic design features as described above shall be in the same proportion as described in this Agreement, unless mutually agreed by STATE and CITY in a subsequent amendment to this Agreement. 5. Any hazardous material found within the area of PROJECT requiring remedy or remedial action, as defined in Division 20 Chapter 6.8 et seq. Of the Health and Safety Code, or any cultural, paleontological, anthropological, or other protected resource requiring protection shall be the responsibility of CITY, at CITY's expense as part of the costs of PROJECT. Location subject to remedy or remedial action and /or protection shall 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, removal packaging, transportation, storage and disposal of such material. 6. CITY shall be responsible, at CITY's expense, for the development of the necessary remedy and /or remedial action plans and designs. Remedial actions proposed by CITY shall be preapproved 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. • • District Agreement No. 12 -376 7. A separate Cooperative Agreement will be required to cover responsibilities and funding for the PROJECT construction phase. 8. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care im- posed by law. 9. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 10. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 11. This Agreement may be terminated or provisions contained herein may be altered, changed, or amended in writing by mutual consent of the parties hereto. 12. Except as otherwise provided in Article (12) above, this Agreement shall terminate upon completion and acceptance of the construction contract for PROJECT, or on December 31, 2001, whichever is earlier in time. 13. A maintenance agreement will be executed between the STATE and CITY to cover responsibilities of maintenance of the facility. • STATE OF CALIFORNIA Department of Transportation JOSE MEDINA Director of Transportation By KEN NELSON District Division Chief Design Approved as to Form and Procedure Attorney Department of Transportation Certified as to form and procedure Accounting Administrator Certified as to Funds: District Budget Manager • District Agreement No. 12 -376 CITY OF SEAL BEACH By '44traCIA1),17.20..44/2.k0 Mayor Approved as to Form and Procedure ,V-- ''') CITY Attorney • • District Agreement No. 12 -376 SCOPE OF WORK This Scope of Work outlines the specific areas of responsibility for various project devel- opment activities for the proposed. Widening of Seal Beach Overcrossing and widening of both Northbound and Southbound off -ramps at Seal Beach Boulevard. 1. CITY will be the Lead Agency and STATE will be a Responsible Agency for CEQA. CITY will prepare the Environmental Document (ED) to meet the requirements of CEQA. CITY will provide all data for and prepare drafts of the Project Report (PR). CITY will be responsible for the public hearing process. As the lead agency for National Environmental Policy Act (NEPA) documentation, Federal Highways Administration (FHWA) has delegated the responsibility to Caltrans for this project. Should federal involvement be required, Caltrans, in consultation with FHWA, will act as the lead agency in preparing the Categorical Exclusion. 2. CITY and STATE concur that the proposal is a Category 4B as defined in STATE's Project Development Procedures Manual. 3. CITY will submit drafts of environmental technical reports and individual sections of the draft environmental documents to STATE, as they are developed, for review and comment. Traffic counts and projections to be used in the various reports shall be supplied by STATE if available, or by CITY. Existing traffic data shall be furnished by CITY. 4. STATE will review, monitor, and approve all project development reports, studies, and plans, and provide all necessary implementation activities up to but not including advertising of PROJECT. 5. The existing freeway agreement need not be revised. 6. All phases of PROJECT, from inception through construction, whether done by CITY or STATE, will be developed in accordance with all policies, procedures, practices, and standards that STATE would normally follow. 7. Detailed steps in the project development process are attached to this Scope of Work. These Attachments are intended as a guide to STATE and CITY staff. • • ATTACHMENT 1 PLANNING PHASE ACTIVITIES PROJECT ACTIVITY District Agreement No. 12 -376 RESPONSIBILITY STATE CITY 1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION Establish Project Development Team (PDT) X Approve PDT X Project Category Determination X Prepare Preliminary Environmental Assessment Identify Preliminary Alternatives and Costs Prepare and Submit Environmental Studies and Reports Review and Approve Environmental Studies and Reports X Prepare and Submit Draft Environmental Document (DED) Review DED in District X 2. PROJECT GEOMETRICS DEVELOPMENT Prepare Existing Traffic Analysis X Prepare Future Traffic Volumes for Alternatives X Prepare Project Geometrics and Profiles X Prepare Layouts and Estimates for Alternatives X Prepare Operational Analysis for Alternatives X Review and Approve Project Geometrics and Operational Analysis X 3. PROJECT APPROVAL Lead Agency for Environment Compliance Certifies ED in Accordance with its Procedures X X Prepare Draft Project Report (DPR) X Finalize and Submit Project Report with Certified ED for Approval X Approve Project Report X 'f t • • District Agreement No. 12 -376 ATTACHMENT 2 DESIGN PHASE ACTIVITIES PROJECT ACTIVITY 1. PRELIMINARY COORDINATION Request 1 - Phase EA Field Review of Site Provide Geometrics Approve Geometrics Obtain Surveys & Aerial Mapping Obtain Copies of Assessor Maps and Other R/W Maps Obtain Copies of As- Builts Revise Approved Geometrics if Required Approve Final Geometrics Determine Need for Permits from Other Agencies Request Permits Initial Hydraulics Discussion with District Staff Initial Electrical Design Discussion with District Staff Initial Traffic & Signing Discussion with District Staff Initial Landscape Design Discussion with District Staff Plan Sheet Format Discussion RESPONSIBILITY STATE CITY X X X X 2. ENGINEERING STUDIES AND REPORTS Prepare & Submit Materials Report & Typical Section X Review and Approve Materials Report & Typical Section X Prepare & Submit Landscaping Recommendation X Review as Approve Landscaping Recommendation X Prepare & Submit Hydraulic Design Studies X Review & Approve Hydraulic Design Studies X Prepare & Submit Bridge General Plan & Structure Type Selection X Review & Approve Bridge General Plan & Structure Type Selection X • • District Agreement No. 12 -376 RESPONSIBILITY STATE CITY PROJECT ACTIVITY 3. R/W ACQUISITION & UTILITIES (Used when qualified Local Agency is performing R/W activities.) Request Utility Verification X Request Preliminary Utility Relocation Plans from Utilities X Prepare R/W Requirements X Prepare R/W and Utility Relocation Cost Estimates X Submit R/W Requirements & Utility Relocation Plans for Review X Review and Comment on R/W Requirements X Longitudinal Encroachment Review X Longitudinal Encroachment Application to District X Approve Longitudinal Encroachment Application X Request Final Utility Relocation Plans X Check Utility Relocation Plans X Submit Utility Relocation Plans for Approval X Approve Utility Relocation Plans X X Submit Final R/W Requirements for Review & Approval X Fence and Excess Land Review X R/W Layout Review X Approve R/W Requirements X Obtain Title Reports Complete Appraisals Review and Approve Appraisals for Setting Just Compensation Prepare Acquisition Documents Acquire R/W Open escrows and Make Payments Obtain Resolution of Necessity Perform Eminent Domain Proceedings Provide Displacee Relocation Services Prepare Relocation Payment Valuations Provide Displacee Relocation Payments Perform Property Management Activities Perform R/W Clearance Activities Prepare and Submit Certification of R/W Review and Approve Certification of R/W X Transfer R/W to STATE - Approve & Record Title Transfer Documents Prepare R/W Record Maps X X X X X X X X X X X X X X X X • • District Agreement No. 12 -376 RESPONSIBILITY STATE CITY PROJECT ACTIVITY 4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES Prepare and Submit Preliminary Stage Construction Plans X Review Preliminary Stage Construction Plans X Calculate and Plot Geometries X Cross - Sections & Earthwork Quantities Calculation X Local Review of Preliminary Drainage Plans and Sanitary Sewer and Adjustment Details X Prepare & Submit Preliminary Drainage Plans X Review Preliminary Drainage Plans X Prepare Traffic Striping and Roadside Delineation Plans & Submit for Review X Review Traffic Striping and Roadside Delineation Plans X Prepare & Submit Landscaping and /or Erosion Control Plans X Review Landscaping and /or Erosion Control Plans X Prepare & Submit Preliminary Electrical Plans X Review Preliminary Electrical Plans X Prepare & Submit Preliminary Signing Plans X Review Preliminary Signing Plans X Prepare & Submit Stormwater Pollution Control Plans X Review Stormwater Pollution Control Plans X Quantity Calculations X Safety Review X X Prepare Specifications X Prepare & Submit Checked Structure Plans X Review & Approve Checked Structure Plans X Prepare Final Contract Plans X Prepare Lane Closure Requirements X Review and Approve Lane Closure Requirements X Prepare & Submit Striping Plan X Review & Approve Striping Plan X Prepare Final Estimate X Prepare & Submit Draft PS &E X Review Draft PS &E X Finalize & Submit PS &E to District X • • District Agreement No. 12 -376 ATTACHMENT 3 DEFINITIONS Basic Design Features. Widening of existing overcrossing of Route 405 at Seal Beach Boulevard and widening of both Northbound and Southbound off -ramps at Seal Beach Boulevard. Design speed of I -405 at project location is 110 kph and design speed of Seal Beach Boulevard at project location is 80 kph. I -405 has 1 HOV and 6 through lanes in each direction. Seal Beach Boulevard has total of 4 lanes existing and 6 lane proposed. Proposed Seal Beach Boulevard Overcrossing will have 3.6 meter through lanes and 2.4 meter shoulders.