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HomeMy WebLinkAbout05 - Mariners Mile Street LightingCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. � February 14, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Antony Brine, P.E. 949 - 644 -3311 tbrine@city.newport-beach.ca.us SUBJECT: MARINERS MILE STREET LIGHTING —APPROVAL OF COOPERATIVE AGREEMENTS WITH CALTRANS RECOMMENDATION: Approve a Contribution Agreement and a Maintenance Agreement with the State of California defining funding and maintenance responsibilities for concrete street lighting poles on Coast Highway between Dover Drive and Newport Boulevard. 2. Approve use of Account No. 7013- C5200880 Mariners Mile Street Lighting to fund the City's share of the FY 05106 State contract project. The contract cost is established at $72,000. 3. Direct staff to submit a CIP project for FY 06107 to fund the City's share of the FY 06107 State contract project. The contract cost is established at $21,000. DISCUSSION: The Public Works Department has been working with Caltrans in planning a street safety lighting project along Coast Highway between Dover Drive and Newport Boulevard. The proposed project includes the installation of sixty -one (61) new street lights in FY 05/06, and an additional eighteen (18) street lights in FY 06/07. At its meeting of October 11, 2005, the City Council formally requested Caltrans to upgrade the proposed street lighting poles from Caltrans standard steel poles to the City standard concrete poles. This request was made to improve the aesthetics of the new street lighting. Caltrans agreed to install concrete poles provided the City fund the difference in cost and provide maintenance of the concrete poles. The upgrade costs have been established as $72,000 for FY 05/06, and $21,000 for FY 06/07. The City Council also directed staff to finalize formal agreements with Caltrans to cover the funding and maintenance responsibilities for the concrete street lighting poles. A Mariners Mile Street Lighting — Approval of Cooperative Agreements with Caltrans February 14, 2006 Page 2 Contribution Agreement and a Maintenance Agreement have been prepared by the State, and have been reviewed and approved by the City Attorney's office and the Public Works Department. To provide for funding for the upgrades for the FY 05/06 project, staff is recommending the use of the Mariners Mile Street Lighting account. This account currently has a balance of $75,000. To fund the FY 06/07 project, staff recommends the establishment of a CIP account in the amount of $21,000. Environmental Review: The environmental documentation for the streetlight installation is the responsibility of Caltrans. Prepared by: Antony Brine, P.E. Principal Civil Engineer Attachments: Contribution Agreement Maintenance Agreement Submitted by: Stephej}5G. Badum PublicNVorks Director 12- Ora -1, PM 18.45/19.76 In Newport Beach between Dover Ave and Newport Blvd. 12223- OF7414 and 12223- OF7424 District Agreement No. 12 -534 CONTRIBUTION AGREEMENT THIS AGREEMENT, entered into , 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. t District Agreement No. 12 -534 RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code section 130, are authorized to enter into a Cooperative Agreement for improvements to State high- ways within the jurisdictional limits of CITY. 2. STATE contemplates the construction of street lighting on State Route 1 (SR -1) in Newport Beach between Dover Ave and Newport Blvd., referred to herein as "PROJECT'. 3. PROJECT will be constructed by means of two contracts: OF7414 and OF7424, with 61 poles to be erected under OF7414 and 16 poles to be erected under OF7424, for a total of 79 poles. 4. CITY desires and has requested that in lieu of STATE's standard design metal poles, STATE will install decorative base octagonal concrete light poles as part of the PROJECT, referred to herein as "IMPROVEMENTS ", which exceed State standards and CITY is willing to pay the additional cost as specified in the cost estimate attached to and made a part of this agreement as Exhibit A. 5. STATE will design and construct decorative base octagonal concrete light poles, according to the plans attached as Exhibit B and incorporated herein. 6. The parties hereto intend to define herein the terms and conditions under which IMPROVEMENTS are to be constructed, financed, and maintained. SECTION I STATE AGREES: To administer the construction contract for PROJECT and have the PROJECT con- struction contractor furnish and install IMPROVEMENTS as requested by CITY. 2. To invoice CITY for $72,000 for contract OF7414 at least 15 days prior to STATE's bid advertising date of a construction contract for PROJECT contract OF7414. 3. To invoice CITY for $21,000 for contract OF7424 at least to 15 days prior to STATE's bid advertising date of a construction contract for PROJECT contract OF7424. r SECTION II CITY AGREES: District Agreement No. 12 -534 To deposit with STATE within 25 days of receipt of billing therefor (which billing will be forwarded 15 days prior to STATE's bid advertising date of a construction contract for PROJECT contract OF7414), the amount of $72,000 , which figure represents CrlY's estimated share of the cost of IMPROVEMENTS to be performed by STATE on CITY's behalf pursuant to this Agreement and to deposit with STATE within 25 days of receipt of billing therefor (which billing will be forwarded 15 days prior to STATE's bid advertising date of a construction contract for PROJECT contract OF7424), the amount of $21,000 , which figure represents CITY's estimated share of the cost of IMPROVEMENTS to be performed by STATE on CITY's behalf pursuant to this Agreement. CITY's total obligation under this Agreement shall not exceed the amount of $93,000, provided that CITY may, at its sole discretion, in writing, authorize a greater amount. 2. To pay $93,000, which represents the cost of IMPROVEMENTS above the cost of STATE standard street light installations, including the cost of IMPROVEMENTS construction - related claims and the cost of any STATE defense of any of those claims, as determined after completion of work and upon final accounting of costs. 3. To pay STATE within twenty (20) days of receipt of a detailed statement made upon final accounting of cost therefor, any amount over and above the aforementioned deposit, in Article (1) above of this Section II, required to complete CITY's financial obligation pursuant to this Agreement. 4. To maintain IMPROVEMENTS installed pursuant to a separate maintenance agreement with STATE or remove said improvements to be replaced by CITY using STATE's standard metal light pole design standards. SECTION III IT IS MUTUALLY AGREED: District Agreement No. 12 -534 All obligations of STATE under the terms of this Agreement are subject to the ap- propriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. 2. Upon completion of all work under this Agreement, ownership and title to all mate- rials, equipment and appurtenances installed will automatically be vested in STATE and no further agreement will be necessary to transfer ownership to STATE. 3. 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 CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of the installation and the continuing maintenance and preservation of these decorative light pole IMPROVEMENTS at the designated SR -1 locations. 4. This Agreement shall terminate upon completion and acceptance of the construction contract for PROJECT by STATE and final disposition of CITY's required deposit and payment as specified in Section II, Article (1) above, or on December 31, 2009, whichever is earlier in time, except that the indemnification, maintenance and replacement obligations, as set herein above will continue in effect until amended or terminated by mutual agreement of the parties. 5. Attorney fees are not recoverable based on disputes related to the agreement. 6. Any disputes will be resolved in accordance with California law in a court located in Orange County. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WILL KEMPfON Director of Transportation By: Deputy District Director, Project Delivery Approved as to form and procedure: Attorney Department of Transportation Certified as to funds: District Budget Manager Certified as to procedure: Accounting Administrator U District Agreement No. 12 -534 CITY OF NEWPORT BEACH By: (Mayor) Attest (City Clerk) Approved as to form and procedure Attorney (or Counsel) " * I hereby certify upon my own personal knowledge that budgeted funds are available for the period and the purpose of payment to STATE stated in the Agreement Fiscal Officer c i District Agreement No. 12 -534 EXHIBIT A Cost of State Share Caltrans Cost of (Cost of Standard Marblite Pole Caltrans City Share Number Steel Pole (Amron) 15' Standard (Total cost - of poles (Type 15) mast arm Total Cost Steel Pole) State share) Contract OF7414 61 $ 1,180 $ 2,358 $ 143,838 $ 71,980 $ 71,858 Say$72,000 Contract OF7424 18 $ 1,180 $ 2,358 $ 42,444 $ 21,240 $ 21,204 Say$21,000 Total 79 1,180 $ 2,358 $ 186,282 $ 93,220 $ 93,062 Say $93,000 12- Ora- 1,PM18.45/19.76 ' In Newport Beach between Dover Ave and Newport Blvd. 12209- OF7410 12209- OF7420 MAINTENANCE AGREEMENT This AGREEMENT entered into 2006, 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 public corporation of the State of California, referred to herein as CITY. r AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY. STREET LIGHTING IN THE CITY OF NEWPORT BEACH WITNESSETH: A. RECITALS: 1. The Parties agree that CITY shall maintain those decorative octagonal concrete street light poles (Poles) to be installed within State Highway right of way on Pacific Coast Highway (State Route 1) from Dover Avenue to Newport Boulevard as CITY requested IMPROVEMENTS pursuant to Contribution Agreement 12- 534 as executed between the parties. STATE shall maintain the attached luminaires, the mast arms, wiring and all other appurtenances except poles listed as the IMPROVEMENTS. 2. Department standard pole installations are Type 15 steel poles. 3. All hardware exclusive of the Poles, including, but not limited to: wiring, pullboxes, luminaires and mast arms, will be constructed to Department standards and will be maintained by STATE. B. AGREEMENT In consideration of the mutual covenants and promises herein contained, CITY agrees: 1. To store spare decorative Poles for future use, replace and repair all Pole installations. 2. CITY will do all maintenance work associated with the Poles at no cost to the STATE. 3. Should CITY fail to adequately maintain Poles, STATE may direct CITY to correct that default and any CITY failure to do so shall be the basis of an order by STATE that CITY remove and replace these Poles within 60 days with Type 15 steel poles at CITY's expense. Should CITY be unwilling or fails to meet this obligation, STATE may perform that removal, disposal, replacement and installation work at CITY's sole expense. 4. STATE shall only remove Poles or cause Poles to be removed under the condition of maintenance default as described in Article 3 of this Section B or if a threat to public safety caused by the decorative poles as installed is identified. r C. LEGAL RELATIONS AND RESPONSIBILITIES: 1. Nothing in the provisions of the Agreement is intended to create duties to 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 respecting the maintenance of Poles different from the standard of care imposed by law. 2. It is understood and agreed that 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 to be performed by CITY under this Agreement. It is also understood and agreed that CITY shall defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought for or in account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by CITY under and in connection with any work performed by CITY under this Agreement. 3. It is understood and agreed that 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 to be performed by STATE under this Agreement. It is also understood and agreed that STATE shall defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought for or in account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by STATE under and in connection with any work performed by STATE under this Agreement. D. TERM OF AGREEMENT: This Agreement shall become effective when executed by both parties and shall remain in full force and effect until amended or terminated upon the mutual consent of the parties thereto. Failure to comply with provisions set forth in Section "B" will be grounds for a notice of termination by STATE. Attorney fees are not recoverable based on disputes related to the agreement and any disputes will be resolved in accordance with California law in a court located in Orange County. 3 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above - written. APPROVAL City Attorney 2i CITY OF NEWPORT BEACH By City City Clerk STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JAMES PINHEIRO DEPUTY DIRECTOR Maintenance & Traffic Operations J l