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HomeMy WebLinkAboutC-3724(A) - Cooperative Agreement No. 12-521; Jamboree Road Widening over SR-7312- ORA -73 -PM 24.8 Bridge Widening at Jamboree Road 12208- OA9701 District Agreement No. 12 -562 A -I AMENDMENT No. 1 TO AGREEMENT THI AMENDMENT No. 1 TO AGREEMENT, ENTERED INTO EFFECTIVE ON �j jt� '5 2010, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE ", and the CITY OF NEWPORT BEACH, a body politic and a municipal corporation (chartered city) of the State of California, referred to herein as "CITY ". RECITALS 1. CITY intends to widen the westerly side of the Jamboree Road Bridge on State Route 73 at Jamboree Road, referred to herein as "PROJECT ". 2. It has been determined that PROJECT will not be completed prior to the termination date of said AGREEMENT. IT IS THEREFORE MUTUALLY AGREED: 1. The termination date specified in Section III, Article 27 of the original Agreement shall now be December 31, 2013 instead of December 31, 2010. 2. All other terms and conditions of said AGREEMENT No. 12 -562 shall remain in full force and effect. 3. This Amendment is hereby deemed to be a part of Agreement No. 12 -562. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION CINDY McKIM Director of Transportation By: Aay.liM... !!� ):rr Frank Lin Acting Deputy District Director CERTIF AS TO FUNDS: f � y. G v Neda Saber District Budget Manager CITY OF NEWPORT BEACH By: Keith D. Curry MAYOR APPROVED AS TO FORM: DaL%i i R. Hunt ATTORNEY a,L` APPROVED: By: Gi L'I .I B ei an . rown CITY CLERK CITY OF NEWPORT BEACH MINUTE EXCERPT CITY COUNCIL MEETING OF OCTOBER 12, 2010 ROLL CALL Present: Selich, Rosansky, Henn, Mayor Curry, Webb, Gardner, Daigle Absent: None NIL CONSENT CALENDAR 10. JAMBOREE ROAD WIDENING OVER STATE ROUTE 73 (C -3724) - APPROVAL OF AMENDMENT NO. i TO THE CONSTRUCTION COOPERATIVE AGREEMENT WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS). Motion by Mayor Pro Tem Henn, seconded by Council Member Webb to approve and execute Amendment No. 1 to extend the term of the Agreement No. 12 -562 with California Department of Transportation (Caltrans) for improvements to Jamboree Road over State Route 73. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle Absent: None A TRUE AND CORRECT COPY o� m�City Clerk of the City of Newport Beach a. ' 4u�ah�r DATE: l0 o7$ -C .0 /0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Ibo 1401 U CRY OF NEWPORr BEACH OCT m D D D ��D'�; i Agenda Item No. 10 October 12, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran, Senior Civil Engineer 949 -644 -3315 or atran @newportbeachca.gov SUBJECT: JAMBOREE ROAD WIDENING OVER STATE ROUTE 73�(C -3724) APPROVAL OF AMENDMENT NO. 1 TO THE CONSTRUCTION COOPERATIVE AGREEMENT WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION ISSUE The existing Construction Cooperative Agreement No. 12 -562 ( "Agreement') with California Department of Transportation ( "Caltrans ") for the Jamboree Road Widening Over State Route 73 Project ( "Project') will expire on December 31, 2010. This Project is still in progress, therefore, an amendment is needed to extend the term of the Agreement. RECOMMENDATION Approve and execute Amendment No. 1 to extend the term of Agreement No. 12 -562 with California Department of Transportation for improvements to Jamboree Road over State Route 73. DISCUSSION The City is proposing to widen the west side of Jamboree Road from Bayview Way to MacArthur Boulevard. The existing bridge over State Route (SR) 73 currently has a total of eight travel lanes. The improvements include widening the bridge deck on the west side to provide an additional thru travel lane in each direction, resulting in 10 lanes total. No improvements are proposed to SR 73. Environmental clearance and final engineering have been completed. City staff is currently working with Caltrans to obtain an encroachment permit for construction. Staff is also in the process of acquiring the necessary right -of -way on the west side to accommodate the widening of Jamboree Road. The City and Caltrans entered into a cooperative agreement (Agreement No. 12 -562) on July 28, 2009 for the above referenced project. This Agreement covers the Uzi Jamboree Widening Over SR 73 — Ame .a. 1 to Coop Agreement No. 12 -562 October 12, 2010 Page 2 construction phase of the project and will expire on December 31, 2010. In order to proceed with this project, Caltrans requires an amendment to this Agreement. Amendment No. 1 will extend the term of the Agreement to December 31, 2013. Upon approval by the City Council, Amendment No. 1 will be forwarded to Caltrans for their approval. ENVIRONMENTAL REVIEW Cooperative Agreements are administrative in nature and are not subject to CEQA requirements. PUBLIC NOTICE (Not applicable) FUNDING AVAILABILITY (Not applicable) Prepared by: Andy Tra . Senior Civil Engineer Submitted by: Attachments: Project Location Map Amendment No. 1 to Agreement No. 12 -562 G. Badum orks Director L PROJECT LOCATION JAMBOREE RD. BRIDGE WIDENING LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT N.T.S.I x OF xxl TJM I C -3724 I R- XXXX -S � 71 12- ORA -73 -PM 24.8 Bridge Widening at Jamboree Road 12208- OA9701 District Agreement No. 12 -562 A -1 AMENDMENT No. I TO AGREEMENT THIS AMENDMENT No. 1 TO AGREEMENT, ENTERED INTO EFFECTIVE ON , 2010, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE ", and the CITY OF NEWPORT BEACH, a body politic and a municipal corporation (chartered city) of the State of California, referred to herein as "CITY ". RECITALS 1. CITY intends to widen the westerly side of the Jamboree Road Bridge on State Route 73 at Jamboree Road, referred to herein as "PROJECT ". 2. It has been determined that PROJECT will not be completed prior to the termination date of said AGREEMENT. IT IS THEREFORE MUTUALLY AGREED: 1'. The termination date specified in Section I1I, Article 27 of the original Agreement shall now be December 31, 2013 instead of December 31, 2010. 2. All other terms and conditions of said AGREEMENT No. 12 -562 shall .remain in full force and effect. 3. This Amendment is hereby deemed to be a part of Agreement No. 12 -562. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION CINDY MCKIM Director of Transportation Frank Lin Acting Deputy District Director CERTIFIED AS TO FUNDS: m Neda Saber District Budget Manager CITY OF NEWPORT BEACH m Keith D. Curry MAYOR APPROVED AS TO FORM: �I /�� .� APPROVED: 0 Leilani I. Brown CITY CLERK to 12- ORA -73 -PM 24.8 Bridge Widening at Jamboree Road 12208- OA9700 District Agreement No. 12 -521 A -1 AMENDMENT NO. 1 TO AGREEMENT THIS AMENDMENT NO. 1 TO AGREEMENT, ENTERED INTO EFFECTIVE ON Q 2009, is between the STATE OF CALIFORNIA, acting by and through its Department of Tra ortafion, referred to herein as "STATE ", and the CITY OF NEWPORT BEACH, a body politic and a municipal corporation of the State of California, referred to herein as "CITY ". RECITALS The parties hereto entered into an Agreement No. 12 -521 on February 10, 2006, said Agreement defining the terms and conditions of a project to widen the westerly side of the Jamboree Road Bridge on Route SR -73 at Jamboree Road, referred to herein as 'PROJECT'. 2. PROJECT was not completed prior to the termination date as stated in AGREEMENT. IT IS THEREFORE MUTUALLY AGREED: 1. The termination date specified in Section III, Article 19 of the original Agreement shall now be December 31, 2012 instead of December 30, 2009. 2. All other terms and conditions of said Agreement No. 12 -521 shall remain in full force and effect. 3. This Amendment is hereby deemed to be a part of Agreement No. 12 -521. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION RANDY H. IWASAKI Director of Transportation m District Director CERTIFIED AS TO FUNDS: District Budg Manager CITY OF NEWPORT BEACH la City of Newport Beach F1 } � zzel *j �i R7:T% i j I*) :, , i7 By: /ATTORNEY City of Newpor each By: CITY CLERK City of Newport Beach A C� DATE: I I I -30/oq CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 November 24, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran, P.E. 949 - 644 -3315 or atran @city.newport- beach.ca.us SUBJECT: JAMBOREE ROAD WIDENING OVER SR 73 (C -3724) —APPROVAL OF AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION RECOMMENDATION: Approve Amendment No. 1 to the Cooperative Agreement between the City of Newport Beach (City) and the California Department of Transportation (Caltrans) to extend the agreement term for the Jamboree Road Widening over State Route 73 (SR 73) project. DISCUSSION: The City is proposing to widen the west side of Jamboree Road from Bayview Way to MacArthur Boulevard. The existing bridge over SR 73 currently has a total of eight travel lanes. The improvements include widening the bridge deck on the west side to provide an additional thru travel lane in each direction, resulting in 10 lanes total. No improvements are proposed to SR 73. Environmental clearance and final engineering have been completed. City staff is currently working with Caltrans to obtain an encroachment permit for construction. Staff is also in the process of acquiring the necessary right -of -way on the west side to accommodate the widening of Jamboree Road. The City and Caltrans entered into a cooperative agreement (District Agreement No. 12 -521) on February 10, 2006 for the above referenced project. This agreement covers the preliminary engineering and design phase of the project and will expire on December 30, 2009. In order to proceed with this project, Caltrans requires an amendment to this agreement. Amendment No. 1 will extend the term of the agreement to December 31, 2012. Upon approval by the City Council, Amendment No. 1 will be forwarded to Caltrans for their approval. Jamboree Road Widening Over SR 73 — Environmental Review: This agreementlis not considered project under CEQA. Prepared by: Andy Tran, P.E. Senior Civil Engineer Attachment: Copy of Amendment No. 1 ,nd No.1 to Design Coop Agreement November 24, 2009 Page 2 Submitted by: is Works Director 12- ORA -73 -PM 24.8 Bridge Widening at Jamboree Road 1220 &OA9700 District Agreement No. 12 -521 A -1 AMENDMENT NO. I TO AGREEMENT THIS AMENDMENT NO. 1 TO AGREEMENT, ENTERED .INTO EFFECTIVE ON , 2009, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE ", and the CITY OF NEWPORT BEACH, a body politic and a municipal corporation of the State of California, referred to herein as "CITY RECITALS The parties hereto entered into an Agreement No.. 12 -521 on February 10, 2006, said Agreement defining the terms and conditions of a project to widen the westerly side of the Jamboree Road Bridge on Route SR -73 at Jamboree Road, referred to herein as "PROJECT ". 2. PROJECT was not completed prior to the termination date as stated in AGREEMENT. IT IS THEREFORE MUTUALLY AGREED: 1. The termination date specified in Section 111, Article 19 of the original Agreement. shall now be December 31, 2012 instead of December 30, 2009. 2. All other terms and conditions of said Agreement No. 12 -521 shall remain in full force and effect. 3. This Amendment is hereby deemed to be a part of Agreement No. 12 -521. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION RANDY H. IWASAKI Director of Transportation By: JIM BEIL Deputy District Director CERTIFIED AS TO FUNDS: District Budget Manager CITY OF NEWPORT BEACH LN MAYOR City of Newport Beach By: ATTO E City of Newport Beach APROVED: By: CITY CLERK City of Newport Beach DATE: CITY OF NEWPORT BEACH MINUTE EXCERPT CITY COUNCIL MEETING OF NOVEMBER 24, 2009 ROLL CALL Present: Henn, Rosansky, Mayor Pro Tem Curry, Mayor Selich, Webb, Gardner, Daigle, Absent: None XI. CONSENT CALENDAR 14. JAMBOREE ROAD WIDENING OVER SR -73 (C -3724) - APPROVAL OF THE AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION. Motion by Mayor Pro Tem Curry to 1) approve Amendment No. 1 to Cooperative Agreement between the City of Newport Beach (City) and the California Department of Transportation (Caltrans) to extend the agreement term for the Jamboree Road Widening. The motion carried by the following roll call vote: Ayes: Henn, Rosansky, Mayor Pro Tem Curry, Mayor Selich, Webb, Gardner, Daigle, Absent: None CERTIFIED AS A TRUE AND CORRECT COPY lhy 0 4�EVVPp�4 @fie C1 Clerk of the City of Newport Beach DATE: V 12- ORA -SR -73 PM 24.8 Bridge widening at Jamboree Road 12208- OA9700 District Agreement No. 12 -521 COOPERATIVE AGREEMENT This AGREEMENT, ENTERED INTO EFFECTIVE ON p , 2006, is between the STATE OF CALIFORNIA, acting by and through its Department of Transrportation, referred to herein as STATE, and CITY OF NEWPORT BEACH A body politic and a municipal Corporation of the State of California, referred to herein as "CITY ". District Agreement No. 12 -521 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 Newport Beach, County of Orange. 2. CITY desires State highway improvements consisting of widening the westerly side of the Jamboree Road Bridge on Route SR -73 at Jamboree Road, 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 ac- tivities. 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. This Agreement will define the California Environmental Quality Act (CEQA) lead agency, CEQA responsible agency, and the roles and responsibilities of the CEQA lead agency and CEQA responsible agency regarding environmental documents, studies and reports and compliance with CEQA. 6. Construction of PROJECT will be the subject of a separate future Agreement. 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/Project Report (PSR/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 the services of 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. District Agreement No. 12 -521 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. All utility facilities not relocated or removed in advance of 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 construct PROJECT or as covered in the PS &E for said contract. This 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 right of way activities, including 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. 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 District Agreement No. 12 -521 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 STATE a complete set of electronically signed plans (with the Engineer's electronic signature and seal) and submit all plans on a CD ROM (Microstation Agn file, version 5.0 or later up through version 7 and plot files (I files using Bentley Iplot plotting software)). All plans must be in compliance with the STATE's current CADD Users Manual and Plans Preparation Manual. STATE reserves the right to make modifications to the plans and the STATE shall provide to the consultant 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. 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. District Agreement No. 12 -521 21. STATE's quality assurance activities referred to in Article I of Section H 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 STATE's performance of such services 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. That all surveying and mapping work affecting the STATE Right of Way in the PROJECT area shall be in accordance with the instructions and procedures contained in the Caltrans District 12 R/W Engineering Requirements for the Preparation of Documents and Maps (the "Requirements "), published by Caltrans, District 12, R/W Engineering (D12 RWE), which by this reference is incorporated into this document and made a part hereof. A copy of the "Requirements" can be obtained from the Chief of D12 RWE. Work shall not be considered complete until the Chief of D12 RWE has approved the work for inclusion into D12 RWE files. 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 auAorized 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. SECTION II STATE AGREES: District Agreement No. 12 -521 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(s) to CITY authorizing entry onto the State highway 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 a separate encroachment permit. These permits will be issued at no cost upon proper application by the consultants. SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature in the annual State Budget Act to STATE for the purposes of fulfilling STATE's obligations herein. 2. CITY will be the CEQA lead agency and STATE will be a CEQA responsible agency. CITY will perform all studies necessary to document and support the CEQA Categorical Exempt (CE). STATE's review, comment, and concurrence on the technical studies is required. If during preliminary engineering, preparation of the PS &E, or PROJECT construction, new information is obtained which requires the preparation of CEQA ED, this Agreement will be amended to include completion of these additional tasks by CITY. 3. 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 and in compliance with laws, regulations, executive orders, and permit requirements. 4. Detailed steps in the project delivery process are attached to this Scope of Work. These Attachments are intended as a guide to STATE's and CITY's staff. 5. All administrative reports, studies, materials, documentation , including, but not limited to, all administrative drafts and administrative finals of the CEQA CE Determination, relied upon, produced, created or utilized for PROJECT will be held in confidence pursuant to Government Code section 6254.5(e) . The parties agree that said material will not be distributed, released or shared with any other organization, person or group other than the parties' employees and agents whose work requires that access without the prior written approval of the party with the authority to authorize said release except as required or authorized by statute or to the terms of this Agreement. District Agreement No. 12 -521 6. The parties hereto will carry out PROJECT in accordance with the Scope of Work, attached 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. 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 Federal Highway Administration ( "FHWA ") approval of PROJECT. 8. 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 fast 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. 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 contamination of HM -I category is defined as that level or type of 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. 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 STATE determines, in its sole judgment, that costs for cleanup within the existing State highway right of way .and/or within the local road right of way are increased as a result of CITY's decision to proceed with PROJECT, these additional costs identified by STATE shall be deemed a part of the costs of PROJECT and CITY shall pay these costs. 10. The remedy or remedial action with respect to any hazardous material or contamination of an 11M -2 category found within the existing State highway right of way and/or within local road 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 manifest if PROJECT proceeds and 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 District Agreement No. 12 -521 obligation to either CITY or STATE other than CITY's duty to cover and protect HM -2 material left in place. 11. If hazardous material or contamination of either HM -1 or HM -2 category is found on new right of way acquired by CITY for PROJECT, CITY, as between CITY and STATE only, shall perform, or cause to be performed, all required cleanup and/or protection at CITY's expense and shall guarantee STATE that said new right of way is clean prior to transfer of title to STATE. 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. 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 CTi Y's expense without any subsequent reimbursement by STATE. 12. Locations subject to remedy or remedial action and/or protection 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, protection, removal, packaging, transportation, storage, and disposal of such material. 13. The party responsible for funding any hazardous material cleanup shall be responsible for the development of the necessary remedy and/or remedial action plans and designs. Remedial actions proposed by CITY on the Stale 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. 14. A separate Cooperative Agreement will be required to cover responsibilities and funding for the construction phase of PROJECT. 15. 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 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. 16. 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 STATE 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 CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 17. 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 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 18. 19. District Agreement No. 12 -521 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. This Agreement may be terminated or provisions contained herein may be altered, changed, or amended by mutual consent of the parties hereto. Except as otherwise provided in Article 15 above, this Agreement shall terminate upon completion and acceptance of the construction contract for PROJECT, or on December 30, 2009, whichever is earlier in time. STATE OF CALIFORNIA Department of Transportation WILL KEMPTON Director of Transnc BELL ,ty District Director xt Delivery APPROVED AS TO FORM AND PROCEDURE: By: ` — tto ey, Department of Transportation CERTIFIED AS TO FINANCIAL TERMS CONDITIONS: By: \G` Accounting Administr r AS TO FUNDS: 0 District Agreement No. 12 -521 CITY OF NEWPORT BEACH Mayor ^� \� B� City Clerk APPROVED AS TO FORM: By: Z4 G'` ---- C ` Attorney, City City of Newport Beach District Agreement No. 12 -521 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 SR -73 at Jamboree Road. 1. CITY and STATE concur that the proposal is a Category 4B as defined in STATE's Project Development Procedures Manual. 2. 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. 3. 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. 4. The existing freeway agreement need not be revised. ,.� District Agreement No. 12 -521 ATTACHMENT 1 PLANNING PHASE ACTIVITIES 2. PROJECT GEOMETRICS DEVELOPMENT RESPONSIBILITY Prepare Existing Traffic Analysis STATE LOCAL X Prepare Project Geometries and Profiles AGENCY PROJECT ACTIVITY X Prepare Operational Analysis for Alternatives 1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION Provide Quality Assurance X 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 Prepare final Environmental Document X 2. PROJECT GEOMETRICS DEVELOPMENT Prepare Existing Traffic Analysis X Prepare Future Traffic Volumes for Alternatives X Prepare Project Geometries and Profiles X Prepare Layouts and Estimates for Alternatives X Prepare Operational Analysis for Alternatives X Provide Quality Assurance X Provide Quality Control X Approve Project Geometries 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 Control X Approve Project Report X 2. ENGINEERING STUDIES AND REPORTS Provide Quality Assurance District Agreement No. 12 -521 ATTACHMENT x DESIGN PHASE ACTIVITIES X Approve Materials Report & Typical Section RESPONSIBILITY STATE LOCAL x Approve Landscaping Recommendation AGENCY PROJECT ACTIVITY Prepare & Submit Hydraulic Design Studies 1. PRELIMINARY COORDINATION Approve Hydraulic Design Studies X Request I - Phase EA g Provide Quality Assurance g X Provide Quality Control g Field Review of Site X X Provide Geometries g Approve Geometrics g Obtain Surveys & Aerial Mapping x Obtain Copies of Assessor Maps and Other R/W Maps X Obtain Copies of As- Builts g Send Approved Geometrics to Local Agencies for Review X Revise Approved Geometrics if Required x Approve Final Geometrics X Determine Need for Permits from Other Agencies X X Request Permits g Initial Hydraulics Discussion with District Staff g Initial Electrical Design Discussion with District Staff X Initial Traffic & Signing Discussion with District Staff x Initial Landscape Design-Discussion with District Staff g Plan Sheet Format Discussion X X 2. ENGINEERING STUDIES AND REPORTS Provide Quality Assurance X Provide Quality Control x Prepare & Submit Materials Report & Typical Section X Approve Materials Report & Typical Section X Prepare & Submit Landscaping Recommendation x Approve Landscaping Recommendation x Prepare & Submit Hydraulic Design Studies X Approve Hydraulic Design Studies X Prepare & Submit Bridge General Plan & Structure Type Selection X Approve Bridge General Plan & Structure Type Selection X District Agreement No. 12 -521 RESPONSIBILITY STATE LOCAL AGENCY PROJECT ACTIVITY 3. R/W ACQUISITION & UTILITIES (Used when qualifie d 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 District Agreement No. 12 -521 RESPONSIBILITY STATE LOCAL AGENCY PROJECT ACTIVITY 4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES Provide Quality Assurance 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 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 X Approve Landscaping and/or Erosion Control Plans X Prepare & Submit Preliminary Electrical Plans X Approve Preliminary Electrical Plans X Prepare & Submit Preliminary Signing Plans X Approve Preliminary Signing Plans X Quantity Calculations X Safety Review X X Prepare Specifications X Prepare & Submit Checked Structure Plans X Approve Checked Structure Plans X Prepare Final Contract Plans X Prepare Lane Closure Requirements X Approve Lane Closure Requirements X Prepare & Submit Striping Plan X Approve Striping Plan X Prepare Final Estimate X Prepare & Submit Draft PS &E X Approve Draft PS &E X Finalize & Submit PS &E to District X District Agreement No. 12 -521 ATTACHMENT 3 DEFINITIONS Basic Design Features and a general description of the facility: o Widening Jamboree overcrossing to provide one additional northbound lane and one additional southbound lane. ® Design speed of SR -73 at project location is 110 kph and design speed of Jamboree Road at project location is 80 kph. G SR -73 has 3 lanes in each direction. Jamboree Road has 3 Southbound and 2 northbound lanes and it is propsed to add one lane to each direction. C Proposed Jamboree Road Overerossing will have 3.6 meter through lanes and 1.2 meter shoulders. CITY OF NEWPORT BEACH MINUTE EXCERPT CITY COUNCIL MEETING OF JANUARY 24, 2006 ROLL CALL Present: Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb Absent: None O JAMBOREE ROAD WIDENING OVER SR -73 - APPROVAL OF A COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION. Approve the Cooperative Agreement between the City of Newport Beach and the California Department of Transportation (Caltrans) for preliminary and final design tasks for the Jamboree Road Widening over State Route 73 (SR 73). The motion carried by the following roll call vote: Ayes: Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb Noes: None Abstain: None Absent: None CERTIFIED AS A TRUE AND CORRECT COPY City Clerk of the ity of /Newport Beach DATE: CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 January 24, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL e'v rxr c, v PGR ( co�MiL '-EACH CRY OF NF W -- FROM: Public Works Department E--�— William Patapoff, P.E. a 4 949 - 644 -3311 bpatapoff @city.newport- beach.ca.us AF SUBJECT: JAMBOREE ROAD WIDENING OVER SR -73 - APPROVAL OF A COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION RECOMMENDATION: Approve the Cooperative Agreemenf between the City of Newport Beach and the California Department of Transportation (Caltrans) for preliminary and final design tasks for the Jamboree Road Widening over State Route 73 (SR 73). DISCUSSION: The City is proposing to construct improvements to the Jamboree Road bridge over State Route 73. Currently, this bridge has four travel lanes in each direction. The improvements include widening the bridge deck on the west side to provide an additional travel lane in each direction, resulting in 10 lanes total, and constructing a new column and two abutments. No improvements are proposed to the freeway facilities. This estimated $5.4 million construction project is proposed to be funded with Measure M and local dollars. Preliminary reports and engineering work are currently underway and final design should start shortly. Right of way acquisition on both north and south of the west side of the bridge is also needed for the project. Construction is proposed to begin in FY 2007 -08 and will take one year to complete. In order to proceed with the project, Caltrans requires a Cooperative Agreement with the City indicating that the City will be responsible for all costs to develop, design and finance the project. Caltrans will provide quality assurance activities for all stages of the project. Additionally, a future agreement with Caltrans will be needed to address construction of the project. While the City is the lead agency for CEQA, Caltrans will review all activities associated with the CEQA process. Upon approval by the City Council, the Cooperative Agreement will be forwarded to Caltrans for its approval so that final design can proceed on the Jamboree Widening project. Jamboree Road — Approval of a Coo; ive Agreement with the California Department of Tt ,ortation January 24, 2006 Page 2 Environmental Review: Per the California Environmental Quality Act (CEQA) Implementing Guidelines, an environmental review and the appropriate documentation will be prepared after the scope of construction work has been finalized. Prepared by: Attachment: Cooperative Agreement Submitted by: e en G. Badum Public Works Director 12- ORA -SR -73 PM 24.8 Bridge widening at Jamboree Road 12208- OA9700 District Agreement No. 12 -521 COOPERATIVE AGREEMENT This AGREEMENT, ENTERED INTO EFFECTIVE ON , 2006, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF NEWPORT BEACH A body politic and a municipal Corporation of the State of California, referred to herein as "CITY ". District Agreement No. 12 -521 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 Newport Beach, County of Orange. 2. CITY desires State highway improvements consisting of widening the westerly side of the Jamboree Road Bridge on Route SR -73 at Jamboree Road, 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 ac- tivities. 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. This Agreement will define the California Environmental Quality Act (CEQA) lead agency, CEQA responsible agency, and the roles and responsibilities of the CEQA lead agency and CEQA responsible agency regarding environmental documents, studies and reports and compliance with CEQA. 6. Construction of PROJECT will be the subject of a separate future Agreement. . 7. 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: 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/Project Report (PSR/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. 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 the services of 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. District Agreement No. 12 -521 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. All utility facilities not relocated or removed in advance of 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 construct PROJECT or as covered in the PS &E for said contract. This 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 right of way activities, including 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. 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 District Agreement No. 12 -521 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. 0. 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 STATE a complete set of electronically signed plans (with the Engineer's electronic signature and seal) and submit all plans on a CD ROM (Microstation Agn file, version 5.0 or later up through version 7 and plot files (I files using Bentley Iplot plotting software)). All plans must be in compliance with the STATE's current CADD Users Manual and Plans Preparation Manual. STATE reserves the right to make modifications to the plans and the STATE shall provide to the consultant 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. 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. r District Agreement No. 12 -521 21. STATE's quality assurance activities referred to in Article I of Section H 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 STATE's performance of such services 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 Comer Records, and the Record of Survey required for execution of the above obligation, to STATE's District 12 Survey Branch. 24. That all surveying and mapping work affecting the STATE Right of Way in the PROJECT area shall be in accordance with the instructions and procedures contained in the Caltrans District 12 R/W Engineering Requirements for the Preparation of Documents and Maps (the "Requirements "), published by Caltrans, District 12, R/W Engineering (D12 RWE), which by this reference is incorporated into this document and made a part hereof. A copy of the "Requirements" can be obtained from the Chief of D12 RWE. Work shall not be considered complete until the Chief of D12 RWE has approved the work for inclusion into D12 RWE files. 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. SECTION It STATE AGREES: District Agreement No. 12 -521 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(s) to CITY authorizing entry onto the State highway 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 a separate encroachment permit. These permits will be issued at no cost upon proper application by the consultants. SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature in the annual State Budget Act to STATE for the purposes of fulfilling STATE's obligations herein. 2. CITY will be the CEQA lead agency and STATE will be a CEQA responsible agency. CITY will perform all studies necessary to document and support the CEQA Categorical Exempt (CE). STATE's review, comment, and concurrence on the technical studies is required. If during preliminary engineering, preparation of the PS &E, or PROJECT construction, new information is obtained which requires the preparation of CEQA ED, this Agreement will be amended to include completion of these additional tasks by CITY. 3. 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 and in compliance with laws, regulations, executive orders, and permit requirements. 4. Detailed steps in the project delivery process are attached to this Scope of Work. These Attachments are intended as a guide to STATE's and CITY's staff. 5. All administrative reports, studies, materials, documentation , including, but not limited to, all administrative drafts and administrative finals of the CEQA CE Determination, relied upon, produced, created or utilized for PROJECT will be held in confidence pursuant to Government Code section 6254.5(e) . The parties agree that said material will not be distributed, released or shared with any other organization, person or group other than the parties' employees and agents whose work requires that access without the prior written approval of the party with the authority to authorize said release except as required or authorized by statute or to the terms of this Agreement. District Agreement No. 12 -521 6. The parties hereto will carry out PROJECT in accordance with the Scope of Work, attached 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. 7. 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 Federal Highway Administration ( "FHWA ") approval of PROJECT. 8. 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. 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 contamination of HM -1 category is defined as that level or type of 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. 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 STATE determines, in its sole judgment, that costs for cleanup within the existing State highway right of way.and/or within the local road right of way are increased as a result of CITY's decision to proceed with PROJECT, these additional costs identified by STATE shall be deemed a part of the costs of PROJECT and CITY shall pay these costs. 10. The remedy or remedial action with respect to any hazardous material or contamination of an HM -2 category found within the existing State highway right of way and/or within local road 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 manifest if PROJECT proceeds and 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 District Agreement No. 12 -521 obligation to either CITY or STATE other than CITY's duty to cover and protect HM -2 material left in place. 11. If hazardous material or contamination of either HM -1 or HM -2 category is found on new right of way acquired by CITY for PROJECT, CITY, as between CITY and STATE only, shall perform, or cause to be performed, all required cleanup and/or protection at CITY's expense and shall guarantee STATE that said new right of way is clean prior to transfer of title to STATE. 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. 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. 12. Locations subject to remedy or remedial action and/or protection 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, protection, removal, packaging, transportation, storage, and disposal of such material. 13. The party responsible for funding any hazardous material cleanup shall be responsible for the development of the necessary remedy and/or remedial action plans and designs. Remedial 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. 14. A separate Cooperative Agreement will be required to cover responsibilities and funding for the construction phase of PROJECT. 15. 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 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. M. 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 STATE 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 CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 17. 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 hamiless 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 District Agreement No. 12 -521 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. 18. This Agreement may be terminated or provisions contained herein may be altered, changed, or amended by mutual consent of the parties hereto. 19. Except as otherwise provided in Article 15 above, this Agreement shall terminate upon completion and acceptance of the construction contract for PROJECT, or on December 30, 2009. whichever is earlier in time. STATE OF CALIFORNIA Department of Transportation WILL KEMPTON Director of Transportation LE JIM BEIL Deputy District Director Project Delivery APPROVED AS TO FORM AND PROCEDURE: By: Attorney, Department of Transportation CERTIFIED AS TO FINANCIAL TERMS CONDITIONS: M Accounting Administrator CERTIFIED AS TO FUNDS: By: District Budget Manager District Agreement No. 12 -521 CITY OF NEWPORT BEACH M. [-A Mayor City Clerk APPROVED AS TO FORM: By: � ffo` -�, Attorney City of Newport Beach District Agreement No. 12 -521 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 SR -73 at Jamboree Road. 1. CITY and STATE concur that the proposal is a Category 4B as defined in STATE's Project Development Procedures Manual. 2. CITY will subm t 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. 3. 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. 4. The existing freeway agreement need not be revised. :.+ District Agreement No. 12 -521 ATTACHMENT PLANNING PFIASE ACTIVITIES 2. PROJECT GEOMETRICS DEVELOPMENT RESPONSIBILITY Prepare Existing Traffic Analysis STATE LOCAL X Prepare Project Geometries and Profiles AGENCY PROJECT ACTIVITY X Prepare Operational Analysis for Alternatives 1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION Provide Quality Assurance X 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 Prepare final Environmental Document X 2. PROJECT GEOMETRICS DEVELOPMENT Prepare Existing Traffic Analysis X Prepare Future Traffic Volumes for Alternatives X Prepare Project Geometries and Profiles X Prepare Layouts and Estimates for Alternatives X Prepare Operational Analysis for Alternatives X Provide Quality Assurance X Provide Quality Control X Approve Project Geometries 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 Control X Approve Project Report X 2. ENGINEERING STUDIES AND REPORTS District Agreement No. 12 -521 ATTACHMENT 2 Provide Quality Control X. DESIGN PHASE ACTIVITIES X Approve Materials Report & Typical Section X RESPONSIBILITY X Approve Landscaping Recommendation STATE LOCAL X Approve Hydraulic Design Studies AGENCY PROJECT ACTIVITY X Approve Bridge General Plan & Structure Type Selection 1. PRELIMINARY COORDINATION Request 1 - Phase EA X Provide Quality Assurance X Provide Quality Control X Field Review of Site X X Provide Geometries X Approve Geometries X Obtain Surveys & Aerial Mapping X Obtain Copies of Assessor Maps and Other RAV Maps X Obtain Copies of As- Builts X Send Approved Geometries to Local Agencies for Review X Revise Approved Geometries if Required X Approve Final Geometries X Determine Need for Permits from Other Agencies X X Request Permits X Initial Hydraulics Discussion with District Staff X Initial Electrical Design Discussion with District Staff X Initial Traffic & Signing Discussion with District Staff X Initial Landscape Design,Discussion with District Staff X Plan Sheet Format Discussion X X 2. ENGINEERING STUDIES AND REPORTS Provide Quality Assurance X Provide Quality Control X. Prepare & Submit Materials Report & Typical Section X Approve Materials Report & Typical Section X Prepare & Submit Landscaping Recommendation X Approve Landscaping Recommendation X Prepare & Submit Hydraulic Design Studies X Approve Hydraulic Design Studies X Prepare & Submit Bridge General Plan & Structure Type Selection X Approve Bridge General Plan & Structure Type Selection X District Agreement No. 12 -521 RESPONSIBILITY STATE LOCAL AGENCY PROJECT ACTIVITY 3. R/W ACQUISITION & UTILITIES (Used when uaq lified 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 District Agreement No. 12 -521 Local Review of Preliminary Drainage Plans and Sanitary Sewer and RESPONSIBILITY X STATE LOCAL AGENCY PROJECT ACTIVITY 4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES Approve Preliminary Drainage Plans Provide Quality Assurance 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 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 X Approve Landscaping and/or Erosion Control Plans X Prepare & Submit Preliminary Electrical Plans X Approve Preliminary Electrical Plans X Prepare & Submit Preliminary Signing Plans X Approve Preliminary Signing Plans X Quantity Calculations X Safely Review X X Prepare Specifications X Prepare & Submit Checked Structure Plans X Approve Checked Structure Plans X Prepare Final Contract Plans X Prepare Lane Closure Requirements X Approve Lane Closure Requirements X Prepare & Submit Striping Plan X Approve Striping Plan X Prepare Final Estimate X Prepare & Submit Draft PS &E X Approve Draft PS &E X Finalize & Submit PS &E to District X District Agreement No. 12 -521 ATTACHMENT DEFINITIONS Basic Design Features and a general description of the facility: Widening Jamboree overcrossing to provide one additional northbound lane and one additional southbound lane. Design speed of SR -73 at project location is 110 kph and design speed of Jamboree Road at project location is 80 kph. U SR -73 has 3 lanes in each direction. Jamboree Road has 3 Southbound and 2 northbound lanes and it is propsed to add one lane to each direction. U Proposed Jamboree Road Overcrossing will have 3.6 meter through lanes and 1.2 meter shoulders.