HomeMy WebLinkAboutAGMT - California Department of Transportation (Bike Trail) • 07 -LA -1 0.0
- .. Pacific Coast Highway
at the east levee of
the San Gabriel River
• ' 07210 - 397901
District Agreement No. 3384
C.0 O P-E R A T I V E. A G R E E M E N T
-THIS AGREEMENT; MADE AND ENTERED INTO ON THIS '
' /4 DAY •OF June , 1977 .
. BY AND BETWEEN - '
' CITY OF SEAL BEACH
a body politic and a municipal
• .. corporation of the State of
- California,
hereinafter referred to as
- "CITY"
• AND
STAT &.OF CALIFORNIA.
' acting by and through its -
• Business and Transportation Agency"
Department of Transportation •
• hereinafter referred to. as
"STATE"
.• . WITNESSETH: -
WHEREAS,. the San Gabriel River Bicycle Path is planned.. '
to extend approximately. 20 miles from - the Whittier Narrows '
Recreational Area -to the Pacific..Ocean; said San Gabriel River
• Bicycle Path to hereinafter be referred to as• "PATH "; and
• WHEREAS, approximately 18 miles of the planned.:20 miles
of PATH is in operation; and
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WHEREAS, the - southerly terminus of PATH is'currently
at Pacific Coast Highway -- (State Route 1), and
..-WHEREAS, CITYe by letter. of February 26, 1976 requested
that STATE enter into a cooperative agreement with CITY to extend -
PATH beneath. Pacific Coast Highway by, providing for construction
of a bicycle undercrossing.of Pacific Coast Highway along the:
• -. east levee of the San-Gabriel River, said bicycle undercrossing
of Pacific•Coast Highway to hereinafter'be.referred to as
"PROJECT ", and ` •
WHEREAS,,Section 156.8 of the_Streets and Highways bode
provides: that; upon request of a public agency, STATE May enter
into a cooperative agreement with said public agency.to provide•
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for the construction and maintenance of nonmotorized facilities
' which Inelude ,bicycle and.',
WHEREAS,, STATE and CITY I have,,mutually determined that'
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no reasonable alternate to PROJECT. exists;. and. •
WHEREAS, STATE will benefit by construction of PROJECT
by increasing traffic safety on Pacific Coast Highway by.elimina-
ting potential- bicycle /auto conflicts'. thereon, and
WHEREAS, PROJECT will benefit .CITY by allowing the
extension of PATH to connect with planned and existing bike trails, •
paths, and lanes in CITY; and.. _
WHEREAS,' CITY is willing to prepare plans and - specifica
ti'ons and provide for,the construction and maintenance of PROJECT;
and
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,.WHEREAS, .STATE is willing to'contribute funds ,to CITY
for the 'cost Of PROJECT not to exceed Twenty -Five .Thousand
Dollars ($25,000) and;CITY concurs in this maximum contribution..
by STATE;, and .
. WHEREAS, STATE and CITY do mutually desire to .cooperate
• and'jointly participate in constructing PROJECT and desire :to
specify- herein-the terms and conditions under which'said PROJECT .
shall be financed, constructed and maintained. -
•
• NOW, THEREFORE, in consideration of the covenants and
`conditions herein'contained, the parties hereto:. agree as follows
. SECTION I - .
STATE 'AGREES:
•
1. Upon approval by STATE of"CITY's plans and specifi-
- cations for PROJECT, and upon- written' request:by CITY,_ to issue'
any necessary permits to for construction of PROJECT within
STATE'S right -of -way in accordance with STATE'.s'Standard permit `
procedure authorizing CITY CITY's contractor to'perform the
work within the STATE highway right -of -way.
2, .To deposit..with CITY, subsequent' to; allocation of
- "funds by'the California Highway Commission,.and following STATE's
approval of plans and' specificationsforPROJECT, and upon
• written notification by CITY of advertisement of "PROJECT.(or
• notification CITY's intent to' proceed with Day Labor), -and
within thirty (30) days after demand therefor, the sum ofTwenty-
Five Thousand Dollars ($25,000) which represents the.estimated,
total construction cost of PROJECT.
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.:3• To bear the actual '. cost. involved in constructing. H .
PROJECT.up'to a maximum'of Twenty:-Five Thousand Dollars. (325,000)
based upon actual .contract quantities at contract unit bid prices
or detailed statements.of CITY's Day Labor costs shall- '
include'the costs of. labor, equipment; materials and supplies "
furnished by CITY and: used under CITY's - direct control. STATE
shall not be obligated for preliminary or construction
'•engineering costs, - costs for any necessary utility relocation
work, or, costs for: any rights- .of -uay required for PROJECT.
4. ' �To appprove.,or disapprove in writing, within ten
(10) days after•submittal in writing by CITY, proposed contract
- change orders deemed to be -a - part of. the PROJECT to ''be funded
"by STATE.
SECTION II : - - .
CITY AGREES:'
., 1.• . If.required -and prior to constructing PROJECT, to •
secure "any necesarypermits, approvals and clearances. from any ` _ '
regulatory bodies, including, but not limited to, the Los Angeles ,
- County Flood Control District and. the California ' Coastal Zone
. Commission. . .
2. That STATE has informed.CITY din. writing of'STATE's
hazardous underground "utility policy :as it relates to PROJECT'and
•
.CITY concurs that STATE has no.liability; for compli of noncom ="
- pliance with said policy. ' • •
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3,' To prepare -or cause to'be prepared at cost to;
STATE all plans, specifications,.and estimates•required , to construct -
- - . PROJECTand to
," ;submit said plans, specifications, .and estimate
to STATE for review and'written approval prior to advertising•
' PROJECT or` proceeding with Day Labor. A.
Upon approval by STATE of plans and specifications:
for'PROJECT., to request any necessary permits'from STATE for -work .
within•STATE right- of— way.in aecordance'with STATEts Standard
Permit. Procedureauthorizing'CITY!s Contractor to perform work
• within STATE highway right —of -way.
5. To furnish cause to be furnished, all labor,
materials, tools• and. equipment, necessary. to construct PROJECT'
pursuant to the provisions of applicable laws and regulations,
and to diligently prosecute and complete PROJECT' within. two.
• : .months of the beginning of the work:
6. To acquire any rights -of —way required for PROJECT -
at no'cost to STATE '
7. If required, to make all arrangements and provide.
for- relocation of utilities, public or private,.: necessitated:by
- construction of PROJECT. =at no cost to- STATE.
8. To submit any proposed contract change orders
''deemed to be apart of the. PROJECT to be funded by STATE to,.STATE.- .
for review and approval or disapproval,:
9. To notify STATE in_writing not-less than ten (10) .
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" days prior to advertising contrac•or commencing with Day Labor.;
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for PROJECT, within ten (10) days after awarding contract or ,
commencing. with Day Labor for PROJECT, and within ten (10)
after completion of- PROJECT.
10. To furnish STATE, within ten (10) days after award
of contract or commencing with Day Labor for PROJECT, one copy
each of the plans, specifications, and.estimate, as' approved by .
STATE, upon which bids were received or upon which Day Labor is-
to conform. •
11. • To provide all'construction engineering required
for PROJECT at no cost•to STATE.
12. To provide STATE with reproducible "As Constructed"
• drawings of'PROJEdT within ninety (90) days after completiontof
• construction., -
13. Upon completion and acceptance of contract for'
• PROJECT by CITY, to accept control, maintain . assume liability
for PROJECT at no cost to STATE.
14. Within sixty (60) days after - completion of PROJECT
and /or acceptance of PROJECT, CITY shall notify STATE in writing
the date thereof and the probable or estimated date. the final'
detailed statement of cost for STATE's share will be submitted:.•.
• "to,STATE." If, upon completion of the work an appreciable over-
.
deposit is apparent and final accounting is to be delayed,. the
_excess deposit over the estimated requirements. shall be returned
'.to the STATE upon demand therefor.' If outstanding charges such .
as Contractor's claims, etc., delay the final accounting,
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the shall so advise the STATE,'but in, any. event a final
accounting or semi - final- accounting if charges are still out -
standing shall be presented within one - hundred eighty (180) days
.• from .the .date : :of completion . of work.
15. To hold,STATE and officers, agents, and
emPloyees'harmless from any and all claims for damages alleged.' -
". to have resulted from alterations in the previously existing •
- drainage patterns due to the construction of.PROJECT facilities
referred to in 'this Agreement other than.damages alleged have
resulted from work performed by or in behalf of STATE within -
STATE highway rights -of -way,
16. To include the following statement in the notice
to all bidders: "CITY hereby notifies all bidders that it will
affirmatively insure that in any contract entered into pursuant,
to this advertisement, :minority business enterprises will be
afforded full opportunity to submit bids in response to this
invitation and will not be.discriminated against en the grounds
of race, color, or national origin in consideration for. an award."
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SECTION III •
IT IS MUTUALLY UNDERSTOOD -AND AGREED: .
'1. That the actual final 'cost to STATE for .construc- '
-tion of PROJECT shall be computed on the basis of either of. the ,
• following: •
. (a) Final contract quantities multiplied by the
unit contract bid prices inCITY's'contract
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. ,for PROJECT, plus the actual cost of.contract
. change - orders approved by STATE
(b) Detailed statements of CITY'S cost'for „
-- PROJECT under Day Labor procedures. '
.but :in no event shall STATE's cost for PROJECT exceed Twenty - Five.
- Thousand Dollars •($25,000). . -
2. That any changes to PROJECT requested by the parties
hereto that may be necessary or desirable prior .to completion of
- . PROJECT shall require the.approval of both STATE and CITY:•, The
cost of an :approved change, if deemed to be apart of the PROJECT :
to be funded by STATE, may be taken from STATE'S deposit, provided
that in no case shall STATE'S total obligation for PROJECT exceed
Twenty =Five Thousand. Dollars' ($25,000).
3,. That STATE shall not be obligated for the cost - of _ .
acquisition of any rights -of -way required for.PROJECT, for any •
. necessary relocation of utilities, public or private, necessitated-.
by construction of PROJECT, or for the cost of any preliminary
... or'.construction engineering required for.PROJECT.
4. .That CITY will construct PROJECT by either;
(a) . Contract with a Construction contractor
licensed by the State of California, said
contract. to be•carried out In accordance '.
. . . •' with provisions. of the State Contract Act,
Chapter 3, Part '5, Division 3, Title 2 of
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• .the Government Code, and work completed ' •
in conformity with plans and specifications
' . as approved by STATE; ,
or
(b) Day Labor wherein labor, equipment, materials
and supplies furnished by CITY shall be under -
CITY's direct control: ' •
' 5 `.Since :PROJECT may be financed with both Federal
' Funds and State Gas Tax Funds, all applicable procedures and
policies relating to the use of such funds shall apply notwith -.
'standing other provisions of this Agreement. .
6. That CITY has the option of constructing PROJECT.
• by Day Labor.'
- . 7.. 'That neither STATE nor any officer or employee .
thereof shall be responsible for any damage or liability occuurring '
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 also understood_ •.
and agreed that, pursuant to Government Code Section' 895.4, CITY
' shall fully indemnify and hold STATE harmless from any liability
imposed for injury (as 'defined .,by 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 jurisdic-
• tion delegated to CITY under this"Agreeme±it.
8. That neither CITY nor any officer or employee..
thereof is responsible for any damage or liability occurring by '
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reason of anything done or omitted to be done by STATE under
In connection with any work, authority or jurisdiction not. ,
delegated to CITY under this Agreement. It is also understood, .
and agreed that,' pursuant. to Government Code Section 895.4, STATE :
shall fully indemnify and hold CITY harmless from any liability -
" imposed for injury (as defined by 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 juris— .
- diction not delegeated to CITY under this Agreement., - `. .
9•. That in the construction of PROJECT., CITY will
; furnish a representative to perform• the usual" functions of a
Resident.. Engineer, and STATE may furnish a 'Resident Engineer 'if
it so desires, and that said representatives and :Resident Engineer •
. will cooperate and • consult with each •other but the orders of
the CITY Engineer will be final.
10. That the obligations of•STATE under the terms of •
this agreement are subject to the allocation of funds for
PROJECT by the California Highway Commission.,
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IN WITNESS WHEREOF, the parties hereto-have caused this
Agreement to be executed by their respective officers,.'duly
authorized, the provisions of which Agreement are effective as
of the day, month and year after hereinabove written
' STATE.OF CALIFORNIA CITY OF SEAL BEACH
Business and Transportation Agency
. Department of Transportation •
ADRIANA -GIANTURCO By C' �
Director of' Transportation Mayor
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By> ".
rict Director •
ATTEST:
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SY--. 2
DE City .Clerk •
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Seal Beach, California
May 23, 1977
The City Council of the City of Seal Beach met in regular session
at 8:14 p.m. with Mayor Blackman calling the meeting to order with
the Salute to the Flag.
ROLL CALL
Present: Mayor Blackman
Councilmen Gray, Kredell, Laszlo, Weir
Absent: None
Items Removed From The Consent Calendar
ITEM "E" - AGREEMENT STATE'OF CALIFORNIA - BIKE TRAIL UNDERCROSSING
Ih response to a question from Councilman Laszlo, Mr. Halldin, City
Engineer, described the project in detail and explained the State
funding for the project. Laszlo moved, second by Blackman, to approve
the Agreement between the City of Seal Beach and the State of California,
Department of Transportation, for the San Gabriel River Bike Trail
Undercrossing at Pacific Coast Highway, and authorize the Mayor to
execute the Agreement on behalf of the City.
AYES: Blackman, Gray, Kredell, Laszlo, Weir
NOES: None Motion carried
STATE OF CALIFORNIA ) •
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Jerdys Weir, duly elected City Clerk and ex- officio clerk of the
Seal Beach City Council do hereby certify that the above is a true
and correct copy of the minute order on file in the office of the City
Clerk, passed, approved and adopted by the City Council at their regular
meeting of May 23, 1977.
La 1
Jerdys We r, City Clerk
City of -Se- Beach
By:
Depi ty -Gity Clerk