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Home My WebLink AboutAGMT - California Dept. of Transportation (Anaheim Bay Channel),t cd Ca-ut > 11/13/0 b CA LT11 12 -Ora -1 KP 50.9 (PM 31.6) Anaheim Bay Channel 12- 207- 0A6200 District Agreement No. 12 -386 A -2 •. r, 't en AMENDMENT NO. 2 TO AGREEMENT THIS AMENDMENT NO. A -2 TO AGREEMENT, ENTERED INTO 0 ! , 2001 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 -386 A2 RECITALS 1. The parties hereto entered into Agreement 12 -386 (Document No. 014666) on December 28, 1999. Said Agreement defined the terms and conditions of a cooperative project to restore the natural banks at the Anaheim Bay Channel, referred to herein as "PROJECT" and to remove concrete debris at the Anaheim Bay Channel, referred to herein as "IMPROVEMENTS ". 2. The parties hereto entered into an Amendment A -1 to Agreement (Document No. 014666) on December 11, 2000, to extend termination date of said Agreement. 3. The purpose of this Amendment A -2 to Agreement is to extend the termination date from December 31, 2001 to December 31, 2002 to allow for completion of IMPROVEMENTS and final payment to CITY by STATE. IT IS THEREFORE MUTUALLY AGREED: 1. The termination date specified in section "IT IS THEREFORE MUTUALLY AGREED ", Article (1) of Amendment A -1 to Agreement, shall now be December 31, 2002 instead of December 31, 2001. 2. The other terms and conditions of said original Agreement (Document No. 014666) shall remain in full force and effect. 3. This Amendment A -2 to Agreement is hereby deemed to be a part of Document No. 014666. 2 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JEFF MORALES Director of Transportation By: CINDY QUO District Director, D -12 APPROVED AS TO FORM AND PROCEDURE: By: Attorney Department of Transportation District Budget Manager District Agreement No. 12 -386 A2 CITY of SEAL BEACH APPROVED AS TO FORM AND PROCEDURE: By: City Attorney CERTtMED AS TO FINANCIAL TERMS AND CONDITIONS: Accdunting Administrator 3 . • ,fin 41- U•( -add t' 4 2t • °V°1°2/0/ 12- Ora -1 -KP 50.9 Anaheim Bay Channel 12- 207- 0A6200 District Agreement No. 12 -386 A -1 01.4666 AMENDMENT TO AGREEMENT THIS AGREEMENT, ENTERED INTO ON .21; // , 20 al) , 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. bistrictIreement No. 12 -386 Al RECITALS 1. The parties hereto entered into Agreement 12 -386 (Document No. 014666) on December 28, 1999. Said Agreement defined the terms and conditions of a cooperative project to restore the natural banks at the Anaheim Bay Channel, referred to herein as "PROJECT" and to remove concrete debris at the Anaheim Bay Channel, referred to herein as "IMPROVEMENTS ". 2. Said Agreement shall terminate upon completion of construction of IMPROVEMENTS and upon final payment to CITY by STATE, pursuant to Section II, Article (2) or on December 31, 2000, whichever is earlier in time. 3. The purpose of this Amendment A -1 to Agreement is to extend the termination date from December 31, 2000 to December 31, 2001 to allow for completion of IMPROVEMENTS and final payment to CITY by STATE. IT IS THEREFORE MUTUALLY AGREED: 1. The termination date specified in Section III, Article (10) of the original Agreement shall now be December 31, 2001 instead of December 31, 2000. 2. The other terms and conditions of said Agreement (Document No. 014666) shall remain in full force and effect. This Amendment A -1 to Agreement is hereby deemed to be a part of Document No. 014666. 1 Y District Agreement No. 12 -386 Al IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JEFF MORALES Director of Transportation By: ETH .NELSON District Division Chief Design APPROVED AS TO FORM AND PROCEDURE: orney Department of Transportation CERTIFIED AS TO FUNDS: District Budget Man CERTIFIED AS TO PROCEDURE: Accounting Administrator 2 CITY of SEAL BEACH APPROVED AS TO FORM: - °O.,9)1 City Attorne • • • • p 4 C (E( 't 4,e /°9// 12- Ora -1 -KP 50.9 Anaheim Bay Channel 12- 207- 0A6200 District Agreement No. 12 -386 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON -beg"e"t 2�' , 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. 0 0 .- District Agreement No. 12 -386 RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code Section 114 are authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. 2. CITY contemplates the restoration and planting of the natural channel banks at the Anaheim Bay Channel, referred to herein as "PROJECT ". The location of PROJECT is shown in Exhibit A. 3. STATE desires an improvement consisting of the removal of concrete debris at the Anaheim Bay Channel, referred to herein as "IMPROVEMENTS" and has requested CITY to construct IMPROVEMENTS as part of CITY's PROJECT. 4. The parties hereto intend to define herein the terms and conditions under which IMPROVEMENTS are to be constructed, financed, and maintained. SECTION I CITY AGREES: 1. To be responsible to meet the State CEQA Guidelines and all applicable agencies' permit requirements, and to acquire any required encroachment permits and /or permissions to enter. 2. To advertise, award, and administer the construction contract for PROJECT and include IMPROVEMENTS as part of PROJECT construction. 3. To apply for necessary encroachment permits for required work within State highway right of way, in accordance with STATE's standard permit procedures, as more specifically defined in Articles (2), (3), and (4) of Section III of this Agreement. 4. To construct PROJECT and IMPROVEMENTS in accordance with plans and specifi- cations of CITY, to the satisfaction of and subject to the approval of STATE. 5. To invoice STATE for STATE's share of the actual direct construction cost of IMPROVEMENTS; such cost shall not exceed seventy -five thousand dollars ($75,000). 1 0 AILAgreement No. 12 -386 6. To retain all records and accounts relating to construction of PROJECT and IMPROVEMENTS for a period of three (3) years from date of final payment, and to allow STATE access to view or copy those records and accounts for audit purposes. SECTION II STATE AGREES: 1. To issue, at no cost to CITY and CITY's contractor, any necessary encroachment permits for required work within the State highway right of way, as more specifically defined in Articles (2), (3), and (4), of Section III of this Agreement. 2. To provide, at no cost to CITY, a qualified STATE Representative who shall have authority to accept or reject work and material or to order any action needed for public safety or the preservation of property, and to assure compliance with all provisions of the encroachment permit(s) issued to CITY and CITY's contractor. 3. To reimburse CITY within 25 days of receipt of billing for actual direct construction costs incurred by CITY during PROJECT for construction of IMPROVEMENTS. STATE's total obligation for IMPROVEMENTS costs under this Agreement shall not exceed seventy -five thousand dollars ($75,000). SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the ap- propriation of the resources by the Legislature and the allocation of resources by the California Transportation Commission. 2. Construction by CITY of IMPROVEMENTS referred to herein which lie within STATE highway right of way or affect STATE facilities, shall not be commenced until an encroachment permit to CITY authorizing such work has been issued by STATE. 3. CITY shall obtain aforesaid encroachment permit through the office of District 12 Permit Engineer. Receipt by CITY of the approved encroachment permit shall constitute CITY authorization from STATE to proceed with work to be performed by CITY within 2 t Di lct Agreement No. 12-386 STATE right of way or which affects STATE facilities, pursuant to work covered by this Agreement. CITY's authorization to proceed with said work shall be contingent upon CITY's compliance with all provisions set forth in said encroachment permit. 4. CITY's construction contractor shall also be required to obtain an encroachment permit from STATE prior to commencing any work within STATE right of way or which affects STATE facilities. The application by CITY's contractor for said encroachment permit shall be made through the office of State District Permit Engineer and shall include proof that said contractor has payment and performance surety bonds covering construction of PROJECT. 5. In the construction of said work, said representatives of CITY and STATE will cooperate and consult with each other, and all work within STATE's right of way shall be accomplished to the satisfaction of STATE's representative. 6. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third 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 imposed by law. 7. Neither STATE nor any officer thereof is responsible for any damage or liability oc- curring 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. 8. 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 3 • • Dis nct Agreement No. �12 -386 omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 014656 9. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 10. This Agreement shall terminate upon completion of construction of IMPROVEMENTS and upon final payment to CITY by STATE, pursuant to Section II, Article (2) of this Agreement, or on December 31, 2000, whichever is earlier in time. In witness whereof, the parties have executed this Agreement by their duly authorized officers. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION CITY of SEAL BEACH JOSE MEDINA Director of Transportation By: Bv: 1,,, / ' Att E ET G. SON District Division Chief Design Approved as to Form and Procedure: At rney Department of Transportation Certified as to funds: Istrict�BaPibIVI nama Certified as to procedure: ...".c...• >21 6''..1,e;',..v.-1-- unting Administrator 4 Approved as to Form: .. ow) 6,-- City Attorney U.S. N O AL y WO NS STATION, SEAL BEACH ® GE C UMW, C &UUFORMA