BOARD OF PUBLIC WORKS MEMBERS

CYNTHIA M. RU IZ PRESIDENT

ANDREA A. ALARC6N VICE-PRESIDENT

PAULA A . DANIELS PRESIDENT PRO-TEMPORE

STEVEN T. NUTTER COMMISSIONER

VALERIE LYNNE SHAW COMMISSIONER

' City Council Room No. 395 City Hall

CITY OF Los ANGELES CALIFORNIA

ANTON IO R. VlLLARAIGOSA MAYOR

December 10, 2010

OFFICE OF THE

BOARD OF PUBLIC WORKS

200 NORTH SPRING STREET ROOM 361, CITY HALL

LOS ANGELES, CA 90012 (21 3) 978-0261

(213) 978-0278 Fax

WILLIAM P. WEEKS EXECUTIVE OFFICER

http://www.lacily.org/BPW

#1 BOE:/BOS

Subject: AUTHORIZE: THE LOS ANGELES COUNTY DEPARTMENT Of PUBLIC WORKS, FLOOD CONTROL DISTRI CT (COUNT Y) TO OPERATE AND MAINTAIN WITHIN THE CITY'S RIGHT-OF-WAY THE ANAHEIM STREET STORM DRAIN SYSTEM CONSTRUCTED FOR THE COUNTY BY THE ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY (ACTA)

As recommended in the accompanying report of the Director of the Bureau of Sanitation, which this Board of Public Works recommends that your Honorable

City Board Body:

Engineer and has adopted,

the the

1 . Authorize the COUNTY to occupy and use the City streets, with the approval f r om the Bureau of Engineering, to operate, maintain, and repair the storm drain system according to the record drawings prepared by the Alameda Corri dor Transportation Authority (ACTA ) and approved by the COUNTY with the City Engineer's Index Numbe rs P-36808, D-33468, D-33494, and D-33497.

2. Grant, transfer, and assign to COUNTY all prior or senior rights held or which might be asserted by the City of Los Angeles Department of Public Works (CITY and/or CITY'S Prior Rights) over rights of utility compa n ies or owners of substructure or overhead facilities or improvements, i ncluding those within CITY'S right-of-way and including the right s to assist COUNTY i n the operation, maintenance, improvement or repair of the above-mentioned storm drain system, and take any and a ll addit ional steps necessary to complete or perfect the forego i ng transfer of CITY ' S Prior Rights to COUNTY , at no cost to COUNTY.

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER (JQ

Recyclable and made from recycled waste ~~

City Council -2 - ~tl BOE/BOS 12/10/10

3. Approve inc lus ion of the following statement in t he Council ' s act i on of these projects:

"The COUNTY shall not be held acco untable for the expense of relocat ion , alteration, no r modification of the Anahe im Street Storm Drain system necessitated by fut ure street improveme nts, realignments, alterations, or reconstruction."

4. Request the City Engineer to forward a certified copy of the City Council 's action to Ms. Ga il farber , Chief Engineer of the Los Angeles County f l oor Control District, and Mr. John Doherty, Chief Executive Officer of ACTA.

FISCAL IMPACT

There is no General Fund impact. The project was paid by the COUNTY and ACTA and the construction was completed by ACTA.

WPW:mp

Respectfully submi tt ed ,

~ecutive Board of Public Works

Officer

Department of Public Works

Bureau of Engineering Bureau of Sanitation Joint Report No. 1

December 1 0, 201 0 CD No. 15

ADOPTED BY THE BOARD PUBLIC WORKS OF THE CITY

of Los Angeles California AND REFERRED TO THE CITY COUNCIL

DEC 1 0 2010

AUTHORIZE THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS, fLOOD CONTROL

DISTRICT (COUNTY) TO OPERATE AND MAINTAIN WITHIN THE CITY'S RIGHT-OF-WAY THE

ANAHEIM STREET STORM DRAIN SYSTEM CONSTRUCTED FOR THE COUNTY BY THE ALAMEDA

CORRIDOR TRANSPORTATION AUTHORITY (ACTA)

RECOMMENDATIONS

Adopt and forward this report to the City Council for approval of the following recommendations:

1. Authorize the COUNTY to occupy and use the City streets, with the approval from the Bureau of Engineering, to operate, maintain, and repair the storm drain system according to the record drawings prepared by ACTA and approved by the COUNTY with the City Engineer's Index Numbers P-36808, D-33468, D-33494, and D-33497.

2. Grant, transfer, and assign to COUNTY all prior or senior rights held or which might be asserted by the City of Los Angeles Department of Public Works (CITY and/or CITY's Prior Rights) over rights of utility companies or owners of substructure or overhead facilities or improvements, including those within CITY's right-of-way and including the rights to assist COUNTY in the operation, maintenance, improvement or repair of the above-mentioned storm drain system, and take any and all additional steps necessary to complete or perfect the foregoing transfer of CITY's Prior Rights to COUNTY, at no cost to COUNTY.

3. Approve inclusion of the following statement in the Council's action on these projects:

"The COUNTY shall not be held accountable for the expense of relocation, alteration, nor modification of the Anaheim Street Storm Drain system necessitated by future street improvements, realignments, alterations, or reconstruction."

4. Request the City Engineer to forward a certified copy of the City Council's action to Ms. Gail Farber, Chief Engineer of Los Angeles County Flood Control District, and Mr. John Doherty, Chief Executive Officer of ACTA.

Department of Public Works Bureau of Engineering Bureau of Sanitation Joint Report No. 1

December 1 0, 201 0 Page 3

3. One 84-inch RCP storm drain line crossing Wainwright Avenue between I Street and Anaheim Street. (Note: The portion of the 84-inch RCP storm drain pipe between Wainwright Avenue and Anaheim Street passes under private property and the COUNTY has obtained permanent underground easement rights for access to the piping in this area.).

4. One 84-inch RCP storm drain line in Anaheim Street from Foote Avenue to just west of Sigsbee Avenue.

5. One 48-inch RCP storm drain in Anaheim Street from Foote Avenue to just east of Farragut Avenue where the new 48-inch RCP connects to the existing Los Angeles City Storm Drain System 031484. (Note: The direction of storm water flow is from Los Angeles City System 031484 into the new Los Angeles County Anaheim Street Storm Drain and to the Anaheim Street Pump Station.).

6. One 72-inch RCP storm drain in Foote Avenue from Anaheim Street north to the ACTA's Long Beach Leads railroad tracks. (Note: The storm drain system north of the ACTA tracks is maintained by ACTA and drains the railroad right-of-way and the ACTA/Ports property bounded by the three railroad right-of-ways.) Two additional catch basins are located on Farragut Avenue north of the ACTA tracks, which also drain into this system.

7. Sigsbee Avenue storm drain, which consists of a 30-inch RCP collector lateral servicing three catch basins; one on Anaheim Street west of Sigsbee Avenue, and two on Sigsbee Avenue north of Anaheim Street.

8. Sampson Avenue storm drain which consist of a 30-inch RCP collector lateral servicing four current catch basins on Anaheim Street and two future catch basins on Sampson Avenue

9. Schley Avenue storm drain which consists of a 30-inch RCP collector lateral servicing one existing catch basin on Anaheim Street and two future catch basins on Schley Avenue north of Anaheim Street.

Department of Public Works Bureau of Engineering Bureau of Sanitation Joint Report No. 1

December 10. 2010 Page 5

( VJ RMK MPB SP NMG SK AH )

Report reviewed by:

BOE (ASD and PAC)

Report prepared by:

Street and Stormwater Division

Michael P. Brown, P.E., G.E. Division Engineer Phone No. (213) 485-4523

MPB/SS/1 0·201 0·0175.SSD.klc

Questions regarding this report may be referred to: Susan Shu, P.E., Project Manager Phone No. (213) 485-4493 E·mail: Susan.Shu@lacity.org

Respectfully submitted,

!1~&~ Gary Lee Moore, P.E. City Engine

Enrique . aldivar, P.E. Director Bureau of Sanitation

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS

JAMES A. NOYES, Director

July 2, 2001

Mr. James Hankla Chief Executive Officer

900 SOUTH FREMONT A VENUE ALHAMBRA, CALIFORNIA 91803-1331

Telepbone: (626) 458-S 100

Alameda Corridor Transportation Authority One Civic Plaza, Suite 650 Carson, CA 90745

Dear Mr. Hankla:

ALAMEDA CORRIDOR • SOUTH END LONG BEACH LEADS EXTENSION ANAHEIM STREET DRAIN AND PUMP STATION EXECUTED COOPERATIVE AGREEMENT NO. 73412

ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460

ALHAMBRA, CALIFORNIA 91802-1460

IN REPLy PLEASE PD-4 REFER TO ALE:

Enclosed for your files are two fully executed originals of Cooperative Agreement No. 73412 for this project along with a copy of the letter which indicates that the approval was given by our Board of Supervisors on June 19, 2001, Synopsis 76. Please provide us with a copy of your project schedule at your earliest convenience. Your invoice for the County's share of the project will be processed for payment following our approval of the final plans and specifications but no earlier than 30 days prior to advertisement of the project for construction bids.

If you have any questions, please contact Mr. Bill Winter at (626) 458-3902 or Mr. Mahdad Derakhshani at (626) 458-3945.

Very truly yours,

JAMES A. NOYES

!i!~iCW£_

Vo~ALD J. 0 EE Chief Deputy 1rector

DWP:al C002321 P:\PDPUBIPUBLIC\SECFINAL IFLOOD\LETIERSIEXECUTAGRMACT A.WPD

En c.

cc: Alameda Corridor Engineering Team (Duane L. Kenagy)

RECEIVED

r-L--~,CTA DCC r Jill 0 9 ·o1 ---~

- .

73412

THIS AGREEMENT, made and entered into by and between the ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY, a public entity created by the Cities of Long Beach and Los Angeles and their respective ports to implement the Alameda Corridor Program. hereinafter referred to as "ACTA," and the COUNTY OF LOS ANGELES, a political subdivision of the State of California, hereinafter referred to as "COUNTY":

WHEREAS, COUNTY is administering all matters for the Los Angeles County Flood Control District, hereinafter referred to as ·oiSTRICT," pursuant to Section 56-3/4 of the COUNTY'S Charter and in accordance with an Agreement approved on December 26, 1984, between the COUNTY and DISTRICT; and

WHEREAS, COUNTY desires that a new storm drain and pump station be constructed to reduce flooding along Anaheim Street; and

WHEREAS, ACTA desires that drainage improvements, which also require a pump station, be constructed to reduce flooding north of the Union Pacific Railroad San Pedro Branch Connection and the East Wye Connection railroad tracks since the flooding of such trackage may affect the efficiencies and operations of the Alameda Corridor; and

WHEREAS, ACTA and COUNTY are proposing to design and construct a new storm drain along Foote Avenue, Farragut Avenue, Anaheim Street, Sigsbee Avenue, and I Street with a pump station to address said desires of ACTA and COUNTY with a single project, hereinafter referred to as "PROJECT," to reduce costs and public inconveniences; and

WHEREAS, said PROJECT is of general interest to ACTA and COUNTY; and

WHEREAS, said PROJECT is depicted in Exhibit A attached hereto as a matter of reference only; and

WHEREAS, ACTA is willing to perform the preliminary engineering, including preparation of plans, specifications, cost estimates, and material testing; acqu ire the necessary right of way; advertise a contract for construction bids; award the construction contract; and perform construction contract administration, inspection, engineering, and survey for PROJECT; and

-2-

WHEREAS, COUNTY is willing to contribute a fixed sum of Eleven Million Five Hundred Thousand and 00/100 Dollars ($11 ,500,000.00) for the design and construction of PROJECT, hereinafter referred to as "COUNTY CONTRIBUTION"; and

WHEREAS, ACTA is willing to finance the remaining costs of PROJECT, in excess of the COUNTY CONTRIBUTION, to complete PROJECT.

NOW, THEREFORE, in consideration of the mutual benefits to be derived by ACTA and COUNTY and of the premises herein contained, it is hereby agreed as follows:

(1) ACTA AGREES:

a. To perform the preliminary engineering for PROJECT, including preparation of plans, specifications, cost estimates, and material testing.

b. To obtain COUNTY approval of final plans and specifications for PROJECT.

c. To acquire the necessary permanent right of way, permanent construction easements for future operation and maintenance, and temporary construction easements for PROJECT at no cost to COUNTY.

d. To grant to COUNTY permanent right of way or easements for portions ·of PROJECT to be accepted for ownership by COUNTY to allow for COUNTY operation, maintenance, and repair.

e. To obtain the necessary regulatory construction permits for the project from the Army Corps of Engineers, Regional Water Quality Control Board, California Coastal Commission, California Department of Fish and Game, and the South Coast Air Quality Management District prior to advertisement of PROJECT for construction bids.

f. To prepare the necessary documentation for compliance with the California Environmental Quality Act of 1970 for PROJECT.

g. To pursue community support for PROJECT.

-3-

h. To invoice COUNTY for the fixed sum of Eleven Millon Five Hundred Thousand and 00/100 Dollars ($11 ,500,000.00) for PROJECT upon the full execution of this AGREEMENT but in no event earlier than thirty (30) days prior to advertisement of PROJECT for construction bids.

i. To finance the remaining costs of PROJECT in excess of COUNTY CONTRIBUTION.

j. To pay the City of Los Angeles Street Damage Restoration Fee, if applicable, unless ACTA is exempt by law or otherwise not requ ired to pay pursuant to ACTA's MOU with the City of Los Angeles.

k. To advertise a contract lor construction bids; award the construction contract; and perform construction contract administration, inspection, engineering, and survey for PROJECT.

I. To make changes to the final plans and specifications for PROJECT necessitated by unforeseen or unforeseeable field con<i.tions encountered during construction at no cost to COUNTY and to obtain COUNTY'S prior approval of said changes.

m. To provide COUNTY with as-built plans for PROJECT wlhin thirty (30) days following completion of construction of PROJECT.

n. To accept ownership and thereafter be responsible for the operation, maintenance, and repatr of a ll laterals and inlets with associated connector pipes to the Farragut Avenue line outside the existing public street right of way.

o. To issue notices to public utility organizations and owners of substructure and overhead facilities when the relocation or removal of the ir underground or surface facilities is needed due to interference with PROJECT.

p. To have the ACTA contractor furnish a policy or certificate of liability insurance in which COUNTY is the name insured or is named as an additional insured with the contractor per Subsection 7-3 of the Standard Specifications for Public Works Construction, 2000 Edition.

-4-

q. To indemnify, defend, and save harmless COUNTY, its agents, officers, and employees from and against any and all liability and expense arising from any act or omission of ACTA, its officers, employees, agents, or subconsultants of any tier in conjunction with PROJECT, including defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage. Notwithstanding the foregoing, ACTA need not indemnify or hold COUNTY hannless to the extent of COUNTY'S negf~gence 01 willful misconduct.

(2) COUNTY AGREES:

a. To review and approve the final plans and specifications for PROJECT. COUNTY will provide its staff to perform this review at no cost to ACTA.

b. To pay a fixed sum of Eleven Million Five Hundred Thousand and 00/100 Dollars ($11 ,500,000.00) towards the cost of PROJECT within thirty (30) days from the receipt of ACTA's invoice therefore but in no event earlier than thirty (30) days prior to advertisement of PROJECT for construction bids.

c. Upon final inspection and acceptance by COUNTY that PROJECT has been constructed to COUNTY'S satisfaction in accordance with the plans and specifications approved by ACTA and COUNTY, to accept ownership and thereafter be responsible for the operation, maintenance, and repair of the Farragut Avenue line, except as set forth in Section (1) n., above, and all portions of the drain downstream of the confluence of the Farragut Avenue line with the Anaheim Street line, including the pump station and outlet structure.

d. To make application for and pay fees associated with any and all operating permits and permanent utility service connections required for operation of the pump station, including permanent electrical, telephone, water, sanitary sewer and natural gas hook-ups, and for any NPDES or other environmental permits for pump station discharge.

-5-

e. To indemnify, defend, and save harmless ACTA, its agents, officers, and employees from and against any and all liability and expense arising from any act or omission of COUNTY, its officers, employees, agents, or subconsultants of any tier in conjunction with PROJECT, including defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage. Notwithstanding the foregoing, COUNTY need not indemnify or hold ACTA harmless to the extent of ACTA'S negligence or willful misconduct.

(3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:

a. ACTA shall be responsible for any and all costs necessary to complete PROJECT in excess of COUNTY CONTRIBUTION.

b. During construction of PROJECT, ACTA shall furnish an inspector or other representative to perform the functions of an inspector. COUNTY may also furn ish, at no cost to ACTA, an inspector or other representative to inspect construction of PROJECT. Said inspectors shall cooperate and consult with each other. COUNTY inspector shall not issue any directive(s) to the contractor, but shall work through the ACTA inspector. The orders of the ACT A inspector to the contractor or any other ACT A representative in charge of construction shall prevail and be finaL

c. At any time prior to the t ime of COUNTY's payment to ACTA pursuant to Section (2) b, ACTA may at its sole discretion terminate this AGREEMENT by providing written notice of termination to COUNTY. By said termination prior to any COUNTY payment to ACT A, both ACTA and COUNTY will have incurred any costs and expenses under this AGREEMENT only for their own account, and upon any such termination by ACTA, said costs and expenses shall remain for ACTA's and COUNTY's own account. If at any time after the date of COUNTY's payment to ACTA pursuant to Section (2) b, ACTA determines in its sole discretion that a material change has impacted the PROJECT, including but not limited to soil conditions, additional regulatory or permit requirements, or site requirements, and thai said material change has rendered the PROJECT unfeasible, then in such event ACTA and County shall meet and confer in good fa ith to resolve the material change that renders the project unfeasible.

II II II

-6-

d. Upon completion of construction of PROJECT, ACTA shall perform a final separate accounting for PROJECT and furnish this itemization of the cost of PROJECT to COUNTY. The final accounting shall include the cost of the preliminary engineering, construction engineering, right-of-way acquisition, and utility relocations, if any, and the construction contract material quantities and unit prices. If the costs in this accounting are less than COUNTY CONTRIBUTION, ACTA will retum the excess funds to COUNTY within sixty (60) days of receipt of a written request from COUNTY.

e. This AGREEMENT may be modified only by the mutual written consent of both parties.

f. Each party shall have no financial obligation to the other party under this AGREEMENT except as herein expressly provided.

g. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certa in tort liability jointly upon public entities solely by reason of such entities being parties to an AGREEMENT (as defined in Section 895 of said Code), each of the parties hereto, pursuant to the authorization contained in Sections 895.4 and 895.6 of said Code, will assume the full liability imposed upon it or any of its officers, agents, or employees by law for injury caused by any act or omission occurring in the performance of this AGREEMENT to the same extent that such liability would be imposed in the absence of Section 895.2 ot said Code. To achieve the above-stated purpose, each of the parties indemnifies and holds harmless the other party for any liability, cost, or expense that may be imposed upon such other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein.

-7-

IN WITNESS WHEREOF, ltle parties hereto have caused this AGREEMENT to be executed by their respective officers, duly authorized, by the ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY on j'~ S , 2001, and by the COUNTY OF LOS ANGELES on "\f\LV\g,. I? , 2001.

ATIEST:

VIOLET VARONA-LUKENS Executive Officer of the Board of Supervisors of the Coun s Angeles

Deputy

APPROVED AS TO FORM:

LLOYD W. PELLMAN County Counsel

[_ ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY

~?~ By P,.~ 4w/l ~..,_ Chief Executive Offte-,

/7 Approved as to lorm

COUNTY OF LOS ANGELES, acting on behaH of the Los Angeles County Flood Control District

ByJ1:M_~ Mayr:K etrair; Board of Supervisors

ADOPTED OOARO OF SuP~RViSORS

CuuN ry OF LOS Am;tL~:;

7 6 JUN 1 9 2001

1/A-eJr'IJ~&A.-~ VIOLET VARONA-LUKENS

EXECUTIVE OFFICER

~~-- :IPOPUBIPUBLIC\FLOOO\Pedersen\Anahelm Slreel\anaheimagree.wpd '.'! "~' p.,,ron

. ·. ·,Jnl!l~ C:ou~·el

, I ,, ; . ~

)I ~. ·: -

· . •.

··.!.';

'·, ··

.' \~ "

,, ,·,: :: ·

··,; ,, . ·· Ill · '

\.,,;: .. ~ -

-, . '71': .,·~ .. ~ -

__ ::,,~

.. ~

' ; " ! '

:;,

' i, .. 11 ' :, :

~ ·~ .--··i~:. ·-;~_~:)::t · .! •• ,.F

t.· L :•·

····- -- . ~ : ~~-~~:;.: ~ :: '!_ :. .. - - -~·:· •• • -. :·

... .

~:J='"' ,._. :0 I AI .... , ! -· ~;~~~~~;~!f~#:~17t~' " ~~~_:j~~f~~k;7:~- '.~:.'p;i:-};'• :·[ !·"'~'- ,:J~_:;

NOTE:

·/ '

//'''

Al l DRAINAGE FACILITIES SHOWN ON THIS EXHIBIT TO BE TURNED OVER TO THE COUNTY FOR OPERATION, MAINTENANCE AND Rt.PAIR. LATERALS AND INLETS WITH ASSOCIATED CONNECTOR PIPES NOT SHOWN WILL BE MAINTAINED BY ACT A OR OTHER APPROPRIATE AGENCIES

.. ' t;.;,lf-11

' ''<::-:::i~·:.·~ ' . AN.AJ-IEIM STREET

'\·,-.;b}'·. ,. 's.., : ,

ANAHEIM STREET ~TORM DRAIN AND PUMP STATION

MEMORANDUM OF UNDERSTANDING FXHIAIT A

'---------------------------- ---------------- -----· ---------- -·' " " '

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS

JAMES A. NOYES, Director

June 7, 2001

900 SOUTH FREMONT A VENUE ALHAMBRA. C.-\UFORNIA 91803-1331

Telephone: (626) 458-5 100 ADDRESS ALL CORRESPOI\DENCE TO:

P.O. BOX 1460 ALHAMBRA. CALIFORNIA 91802-1460

IN REPLY PLEASE

AOOPTE11-4 BOARD OF SUPERVISORS

COUNTV OF LOS :.:-IG:::l(S

The Honorable Board of Supervisors County of Los Angeles 76 JUN 1 9 l001 383 Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, CA 90012

Dear Supervisors:

pf CUrtJc.1f"o.N-'nA:~ U.) VIOLET VARONA-LUKENS

EXECUTIVE OFFICER

ANAHEIM STREET DRAIN AND PUMP STATION ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY· COUNTY COOPERATIVE AGREEMENT SUPERVISORIAL DISTRICT 4 3VOTES

IT IS RECOMMENDED THAT YOUR BOARD:

1. Consider the Alameda Corridor Final Environmental Impact Report certified on January 14, 1993, by the Alameda Corridor Transportation Authority and the Alameda Corridor Final Environmental Impact Statement adopted on January 24, 1996, by the Federal Highway Administration for the Alameda Corridor project, find that the Anaheim Street Drain and Pump Station project is w ithin the scope of the Alameda Corridor project, find that the Alameda Corridor Environmental Impact Report and Alameda Corridor Final Environmental Impact Statement adequately describe the Anaheim Street Drain and Pump Station project for the purposes of the California Environmental Quality Act, and find that these actions reflect the independent judgment of the County.

2. Approve and instruct the Mayor of the Board to sign the enclosed agreement between the Alameda Corridor Transportation Authority and the County, which provides for the Alameda Corridor Transportation Authority to design, acquire the necessary rights of way, and construct the Anaheim Street Drain and Pump Station project with the County providing $11,500,000 to finance its share of the project. The total project cost is currently estimated to be $16,140,000.

The Honorable Board of Supervisors June 7, 2001 Page2

PURPOSEIJUSTIFICATION OF RECOMMENDED ACTION

This Department, on behalf of the Los Angeles County Flood Control District, has determined that the Anaheim Street Drain and Pump Station will reduce flooding and enhance pedestrian and vehicu lar safety along Anaheim Street in the City of Los Angeles. As part of the Alameda Corridor project, nearby drainage improvements also requiring a pump station are needed. To expedite construction and reduce costs and public inconveniences, this Department proposes that the Alameda Corridor Transportation Authority (ACTA) design and construct a new storm drain system and pump station to serve the entire drainage area. ACTA will complete the preliminary engineering; acquire the necessary right of way; and advertise, award, and administer the construction contract for the project. The County, acting on behalf of the Los Angeles County Flood Control District, will contribute a fixed sum of $11,500,000 to finance the design, right-of-way acquisition, and construction. The costs were proportioned to the County and ACTA based upon the percentage of the total flow rate attributed to each agency's responsible drainage area, which is approximately 71 percent and 29 percent, respectively. ACTA will be financing all costs in excess of the County contribution. The total project cost is currently estimated to be $16,140,000.

Implementation of Strategic Plan Goals

This action is consistent with the County Strategic Plan Goal of Organizational Effectiveness by utilizing a collaborative effort to expedite completion of the project and thereby reducing public inconveniences. It also satisfies the goal of Fiscal Responsibility by reducing project costs through sharing the design and construction costs of the project with ACTA.

FISCAL IMPACT/FINANCING

This Department will provide ACTA with a fixed sum of $11,500,000 thirty days prior to advertisement of the project for construction. Financing for this agreement is available from the Flood Control District Budget.

The Honorable Board of Supervisors June 7, 2001 Page 3

FACTS AND PROVISIONS/lEGAL REQUIREMENTS

The agreement has been reviewed and approved as to form by County Counsel. The agreement has been executed by ACT A.

ENVIRONMENTAL DOCUMENTATION

The Alameda Corridor Environmental Impact Report was certified by ACTA on January 14, 1993, and the Alameda Corridor Final Environmental Impact Statement was adopted by the Federal Highway Administration on January 24, 1996. These reports address the construction of new subsurface facilities, including storm drain facilities such as the Anaheim Street Drain and Pump Station, as a part of the Alameda Corridor project. Accordingly, the recommended findings are in accordance with the California Environmental Quality Act and are required prior to your Board's approval of this cooperative agreement.

IMPACT ON CURRENT SERVICES (OR PROJECTS)

This project will not have a significant impact on current flood control services or projects currently planned. The County will be responsible for future operation, maintenance, and repair of the pump station and designated portions of the drain.

The Honorable Board of Supervisors June 7, 2001 Page4

CONCLUSION

Enclosed are four originals of the agreement. Please return three fully executed originals of the agreement along with one approved copy of this letter to this Department for further processing. The agreement labeled County original is to be retained for your files.

Resjctfully submitted:

JAMES~ ~Yes Direct:r~i~ublic Works

DWP:al C00211 1 P:\PDPUBIPUBUC\SECFINALIFLOODIBROI.. TRS\ANAHEIMBRDL T. WPD

En c.

cc: Chief Administrative Office County Counsel

7 3 412 -5 1

THIS AMENDMENT TO AGREEMENT, made and entered into by and between the ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY, hereinafter referred to as "ACTA," and the COUNTY OF LOS ANGELES acting in its capacity as the governing authority of the Los Angeles County Flood Control District, hereinafter referred to as "COUNTY": ~ ~ f5}~

W!INESSEIH ~~u- u WHEREAS, ACTA and COUNTY have heretofore executed AGREEMENT

No. 73412, on June 19, 2001, hereinafter referred to as "AGREEMENT," which establishes ACTA's responsibility to design, construct, and inspect the Anaheim Street Drain and Pump Station Project, hereinafter referred to as "PROJECT," with the COUNTY contributing the fixed sum of Eleven Million Five Hundred Thousand and 00/100 Dollars ($11 ,500,000); and

WHEREAS, during the design of the PROJECT, the parties determined that the Pump Station should be redesigned based on a revised drainage concept by ACTA to reduce the cost of the Pump Station, and the revised plans and specifications shall be approved by COUNTY prior to putting the redesigned Pump Station out to bid; and

WHEREAS, COUNTY is willing to increase, if necessary, its contribution to PROJECT by paying seventy percent (70%) of the redesign cost of the Pump Station and seventy percent (70%) of the increased construction cost of Pump Station over the original engineer's estimate of Seven Million Two Hundred Thousand and 00/100 Dollars ($7,200,000.00) up to a combined maximum of One Million Two Hundred Fifty Thousand and 00/100 Dollars ($1,250,000.00); and

NOW, THEREFORE, ACTA and COUNTY mutually agree to amend the AGREEMENT as follows:

a. Amend Section (1), Item b, to include the additional sentence:

Prior to putting the redesigned Pump Station out to bid, ACTA shall obtain COUNTY'S written approval of the revised plans and specifications.

b. Add new Section {1 ), Item r, to read:

To invoice COUNTY for seventy percent (70%) of the redesign cost of the Pump Station and seventy percent (70%) of the increased construction bid amount of Pump Station in excess of Seven Million Two Hundred Thousand and 00/100 Dollars ($7,200,000.00), but not more than a combined total of One Mill ion Two Hundred Fifty Thousand and 00/100 Dollars ($1,250,000.00) upon opening construction bids for Pump Station.

c. Add new Section (2), Item f, to read:

To deposit with ACTA seventy percent (70%) of the redesign cost of the Pump Station and seventy percent (70%) of the increased construction bid amount of Pump Station in excess of Seven Million Two Hundred Thousand and 00/100 Dollars ($7,200,000.00), but not more than a combined total of One Million Two Hundred Fifty Thousand and 001100 Dollars ($1,250,000.00) within ten (10} business days of receipt of ACTA invoice.

d. Add new Section (3), Item h, to read:

Upon com letio Pum Station, ACTA shall provide County with a final accounting of Pump Station re esign and construction costs. If the COUNTY'S contribution for the redesign and increased construction cost of Pump Station is less than the amount deposited by the COUNTY, ACTA, with in sixty (60) days, shall return excess funds to the COUNTY. If the COUNTY'S contribution for the redesign and increased construction cost of Pump Station is more than the amount deposited by COUNTY, COUNTY shall pay ACTA seventy percent (70%) of the difference up to the maximum contribution amount of One Million Two Hundred Fifty Thousand and 001100 Dollars ($1,250,000).

In all other respects, the provisions of AGREEMENT No. 73412 shall remain in effect.

II II II II II II II II II II II II II II II II II II II II II

IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT TO AGREEMENT to be executed by their respective officers, duly authorized, by the ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY on ~Iud-t: · 2003, and by the COUNTY OF LOS ANGELES on SEP , 2003.

ATTEST:

VIOLET VARONA-LUKENS Executive Officer of the Board of Supervisors of the County of Los Angeles

APPROVED AS TO FORM:

LLOYD W. PELLMAN County Counsel

By !VIA---Deputy

COUNTY OF LOS ANGELES, acting on behalf of the Los Angeles Coun Flood Co~i strlct ~./?

V~'-L /c:.bdw-.1- ~£ Chair, Board of Supervisors

ADOPTED BOARO OF SUPERVISORS

COUIHY OF lOS A.'IGEL\05

SEP 0 2 lOOJ

P:\PdpubiTemp\FLOODIPROJECTS\Anahelm St Drain & Pump Station\Agmt & Board LetteMgreement 73412.doc

J.o\MES A. NOYI!:S. Dlrrdor

October 8, 2003

Mr. John T . Doherty

COUNTY OF LOS ANGELES

DEPARTMENT OF PUBLIC WORKS

"ETIIiching Lives"

~SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803- lm ~: (616) 4S1l-SIOO

www. iadpw.org . -.-,

,,·· !-: i • ~ · ·· ..

OCT 10 ·c3

Lf001 0 O"t : 01 ()Q() ·- ~ · ·~ . .. , .,.~~ . ___ ., -· .

Director of Construction and Engineering Alameda Corridor Engineering Team One Civic Plaza, Suite 600

015~~~1 ll :\-....::::: ~

Carson, CA 90745

Dear Mr. Doherty:

ANAHEIM STREET DRAIN AND.PY,.,P STATION PROJECT AGREEMENT NO. 73412 AMENDMENT

.WDRESS ALL CORRf,SPONDENCE TO: P.O. BOX 1~60

IILHAMDRA. CAUFORNIA 91802 · 1~60

IH REP\. Y Pl£ASE REI'IiR TO FILE: PD-4

Enclosed for your use is a fully executed Amendment to Agreement No. 73412. If you have any questions, please contact Mr. Oliver Galang, our Project Manager, at (626) 458-5988.

Very truly yours.

A~~;~~ Voi~~ct;r -~f Public Works

OOG:nr C~D479 P:lpdpub\Temp\FLOOOIPROJECTS\Anaheim St Drain & PUfTip Stalioo\Le!lers\Transmillal of Ammend Agreement ACTA.doc

Enc.

7 3 412-51

THIS AMENDMENT TO AGREEMENT, made and entered into by and between the ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY, hereinafter referred to as "ACTA," and the COUNTY OF LOS ANGELES acting in its capacity as the governing authority of the Los Angeles County Flood Control District, hereinafter referred to as "COUNTY":

W !INg§§fiH

WHEREAS, ACTA and COUNTY have heretofore executed AGREEMENT No. 73412, on June 19, 2001 . hereinafter referred to as "AGREEMENT," which establishes ACTA's responsibility to design, construct, and inspect the Anaheim Street Drain and Pump Station Project, hereinafter referred to as "PROJECT," with the COUNTY contributing the fixed sum of Eleven Million Five Hundred Thousand and 00/100 Dollars ($11 ,500,000); and

WHEREAS, during the design of the PROJECT, the parties determined that the Pump Station should be redesigned based on a revised drainage concept by ACTA to reduce the cost of the Pump Station, and the revised plans and specifications shall be approved by COUNTY prior to putting the redesigned Pump Station out to bid; and

WHEREAS, COUNTY is will ing to increase, if necessary, its contribution to PROJECT by paying seventy percent (70%) of the redesign cost of the Pump Station and seventy percent (70%) of the increased construction cost of Pump Station over the original engineer's estimate of Seven Million Two Hundred Thousand and 00/100 Dollars ($7,200,000.00) up to a combined maximuni of One Million Two Hundred Fifty Thousand and 00/100 Dollars ($1,250,000.00}; and

NOW, THEREFORE, ACTA and COUNTY mutually agree to amend the AGREEMENT as follows:

a. Amend Section (1 ), Item b, to include the additional sentence:

Prior to putting the redesigned Pump Station out to bid, ACTA shall obtain COUNTY'S written approval of the revised plans and specifications.

b. Add new Section (1 ), Item r, to read:

To invoice COUNTY for seventy percent (70%) of the redesign cost of the Pump Station and seventy percent (70%) of the increased construction bid amount of Pump Station in excess of Seven Million Two Hundred Thousand and 00/100 Dollars ($7,200,000.00), but not more than a combined total of One Million Two Hundred Fifty Thousand and 00/100 Dollars ($1,250,000.00) upon opening construction bids for Pump Station.

c. Add new Section (2), Item f, to read:

To deposit with ACTA seventy percent (70%) of the redesign cost of the Pump Station and seventy percent (70%) of the increased construction bid amount of Pump Station in excess of Seven Million Two Hundred Thousand and 00/100 Dollars ($7,200,000.00), - but not more than a combined total of One Million Two Hundred Fifty Thousand and 00/1 00 Dollars ($1,250,000.00) within ten (10) business days of receipt of ACTA invoice.

d. Add new Section (3), Item h, to read:

Upon completion of construction of the Pump Station, ACTA shall provide County with a final accounting of Pump Station redesign and construction costs. If the COUNTY'S contribution for the redesign and increased construction cost of Pump Station is less than the amount deposited by the COUNTY, ACTA, within sixty (60) days, shall return excess funds to the COUNTY. If the COUNTY'S contribution for the redesign and increased construction cost of Pump Station is more than the amount deposited by COUNTY, COUNTY shall pay ACTA seventy percent (70%) of the difference up to the maximum contribution amount of One Million Two Hundred Fifty Thousand and 00/100 Dollars ($1,250,000).

In all other respects, the provisions of AGREEMENT No. 73412 shall remain in effect.

II II II II II II II II II II II II II II II II II II II II II

IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT TO AGREEMENT to be executed by their respective officers, duly authorized, by the ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY on ~71Ad-C. , 2003, and by the COUNTY OF LOS ANGELES on SEP , 2003.

ATTEST:

VIOLET VARONA-LUKENS Executive Officer of the Board of Supervisors of the County of Los Angeles

By ~ .. ;,_ ~ . !C. I WU>Bnsv Deputy

APPROVED AS TO FORM:

LLOYD W. PELLMAN County Counsel

By 0//lzz_---Deputy

COUNTY OF LOS ANGELES, acting on behalf of the Los Angeles

Co:.:od~~' &.t Chair, Board of Supervisors

ADOPTED BOARO OF SUPERV\SORS

CO\JIIlV Of 1..05 o\.~GELE<>

SEP 0 2 ZOOl 8'7 ..

~1!~~ v~

P:\PdpubiTempiFLOOD'PROJECTSIAnaheim St Drain & Pump Slatoon\Agm1 & Board Le11er1Agreemenl 73412.dor.