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HomeMy WebLinkAboutC-1908 - Traffic signal at Pacific Coast Highway & Prospect StreetCITY OF NEWPORT BEACH CALIFORNIA DATE April 8, 1977 City Han 3300 W. Newport Blvd. Area Code 714 T0: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1908 Description of Contract Traffic Signal Rest Coast Highway at Prospect Authorized by Resolution No. 9016 adopted on 2-28-77 Effective date of Contract lurch 24, 1977 Contract with CALTRANR j Address P. 0. Box 2304, Terminal Amax Los Angeles, CA 90051 Amount of Contract ..e A&r Mowne City Clerk 07- Ora-1 21, i 07386 - 394601 West coast Highway At Prospect Street T -4376 District Agreement No, 3364 THIS AGREEMENT, MADE AND ENTERED INTO THIS o� DAY OF .z AND CITY OF NEWP0RT SEACHe a body politic and a municipal corporation of the State of California, hereinafter referred to as "CITY' STATE OF CALIFORNIA acting by and through its Business and Transportation Agency, Department of Transportationo hereinafter referred to.as "STATE" WHEREAS, STATE and CITY contemplate installation of traffic control signal systems and safety lighting at the intersection of Prospect Street with State Highway Route 1 (Nest Coast Highway ), all of which is situated within the City of Newport Beach, and desire to specify herein the terms and conditions under which said systems are to be installed, financed and maintained, NOW# THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows SECTION I CITY AGREES: (1) To install the traffic control signal systems and safety lighting hereinbefore mentioned, through canstrur- tion by contract with a construction contractor licensed by the State of California, said contract to be carried out in accordance with laws governing CITY with reference to the character of the work to be done thereunder, and to be completed in conformity with plans and specifications of CITY or STATE, and to the satisfaction of and subject to the approval of STATE, (2) To bear CITY'S share of design engineering costs, construction engineering costs, and construction costs required to complete the installations referred to herein, such share to be a sum bearing the same proportion to the total cost of installation of the traffic control signal systems and safety lighting as the number of legs of highways under jurisdiction. of CITY at the intersection involved bears to the total number of legs of highways at such intersection, (3) To reimburse STATE for CITY'S proportionate share of the cost of maintenance and operation of said traffic control signal systems and safety lighting, such share to be determined in the manner provided in that Agreement for maintenance of State highways within the CITY which is in effect at the time said costs are incurred, or if no such agreement exists, such share to be a scam bearing the same proportion to the total cost of maintenance and operation of said traffic control signal system and safety lighting as the number of legs of highways under jurisdiction of the CITY bears to the total number of legs of highways at such intersection. (4) To apply for necessary encroachment permits for work within the State highway right of way in accordance with STATE, standard permit procedures, SECTION Il STATE. St (1) To pay to CITY, promptly upon rendition of a statement therefor, STATE'S share of the design engineering costs, construction engineering costs, and construction costs required to complete the installations referred to herein, such share to be a sum bearing the same proportion to the total cost of installation of the traffic control signal systems and safety lighting as the number of legs of highways under jurisdiction of STATE at the intersection involved bears to the total number of legs of highways at such intersection. It is estimated that STATE'S share of the installa- tions is $46,066. The actual amount of STATE'S share will be determined after the installations are completed, but in no event shall STATE'S share exceed $46,606 unless otherwise provided in a subsequent agreement between CITY and STATE, (2) To maintain and operate the entire traffic control signal systems and safety lighting as installed, SECTION III It is mutually understood and agreed: (1) That design engineering costs are to be 14 percent of construction costs of the installations. -4- (2) That construction engineering costs are to be 10 percent of construction costs of the installation, (3) That functional and administrative overhead costs are to be 41 percent of construction engineering costs and 45 percent of design engineering costs, (4) That obligations of STATE under terms of this Agreement are subject to the allocation of funds by the California Highway Commission. (5) That neither STATE nor any officer or employee thereof shall, be 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 also understood and agreed that, pursuant to Government Code Section 895,4 CITY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. (6) 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 STAATE -5- under or in connection with any work, authority or jurisdic- tion not delegated to CITY under this Agreerant. It is also understood and.agreed that, pursuant to Government Code Section 895.4 STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything stone or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. (7) That, upon the date of cou pletion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed will automatically be vested in the STATE and no further agreement will be necessary to transfer ownership to the STATE. (8) That, should any portion of the project be financed with Federal Funds or State Gas Tax Funds all appli- cable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this agreement... IN WTIMSS WHEREOF* the parties hereto have caused this Agreement to be executed by their respective officers, duly -6- authorized, the provisions of wfaith Agreement are effective as of the day, youth and year first hereinabove writteno .AARZANA GiANVURCO Director of Transportation By _44tG � at D et€sr Attests -7- RESOLUTION NO. ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COOPERATIVE FINANCING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPOR- TATION, IN CONNECTION WITH THE CONSTRUCTION OF A TRAFFIC SIGNAL AT COAST HIGHWAY AND PROSPECT STREET WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain cooperative financing agreement between the City of Newport Beach and the State of California, Department of Transportation, in connection with the construction of a traffic signal at Coast Highway and Prospect Street; WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 28th day of February , 1977. Mayor ATTEST: � 'J`< -'•:J G ✓ C!1UT!F!:`17 AS A i,:U'- ". D CO•':',•':CT COYY City Clerk are car s c r,.:'. c• • .... ..- .- .._ DDO /bc DATE - _-- __- .___._..... -- -•- 2/25/77 CITY OF NEWPORT BEACH CALIFORNIA 640 -2181 March 10, 1977 Mr. R.G. Grps2rrdahl Traffic Branch CALTUNS P.O. Box 2304; TA Los Angeles, CA 40051 Dear Dick: Attached is the executed original and three copies of the City-State Participation Agreement No. 3P64 covering the ;proposed trdffic signal installation at Coast Hichway and Pra-�pect Street. Also enclosed are two certified copies of the i;ity Council resolution authoriZing approval of the agreement. Please have he graei eiit ; Y. -acul.ed If. "y v," Stine and return cne wopy io this office for our rccorda. Very truly you q 5. t� 8711 B1 E. Darnell Traffic. Engineer Attachments / cc: City Clerk JC B €D:bcd 47- firs -2 21.1 07386 - 394641 West coast Highway At Prospect Stmt T -437'6 District Agreement No, 3364 7 JWD i or * i9.. CITY OP Homo" sum-me a body p*Utic se'eti a winiCipal corporation of the State Of California, hereinafter referred to as "CITY* S'TA'B Elf' GAL P'ARKTA acting by and through its Business and Tranaportmtion agency# De"rtmut of "Transpartatiasr hereinaftmr referred to as "STATE• sS, STATZ and CITY coutemlate installation Of traffic control signal system and safety lighting at the intersection of Prospect street with state Kighway Route 1 (West Coast Highway), all of which is situated within the City of Newport beach, and desire to specify heroin the tee and conditions under which said system are to be installed, financed and Maintained. NOW* R°F REFt1Ut in consideration of the covenantee end conditions herein contained, the parties hereto agree as follows S�TION I (1) To install the traffic control signal systems and safety lighting hereinbefore astntioned, through construc. tion by contract with a construction contractor licensed by tw State of California, said contract to be carried out in accordance With lanes governing CITY with reference to the character of the work to be done thereunder, and to be completed in conformity with plans arA s ci €icatioas of CITY or ST A=* and to the satisfaectiou of and subject to the approval of S°PIaTS, -2. (3) To bazar CITY$S share of design engineering costs, construction engineering cysts, and construction cats required to Mete the installations referred to herein, such share to be a suss bearing the emu proportion to the total cost Of Installation of the traffic control signal systum and safety lighting as the number of legs of highways under jurisdiction of CITY at the intersection involved bears to the total ausabor of logs of highways at such intersection, ( 3) To reimburse ST'AM for CM 18 proportionate stare Of the Cost of maiute " and operation of said traffic control signal systems and safety lighting, such sham to be determined in the manner provided in that Agreement for vAintonAnce of state highways wit -his the CITY Which is in effect at the time said costs are i.neurreda, or if no such sgrOSMURt exists, such share to be a suss bearing the same pro;POrtUM to the total cost of maintenance and operation of said traffic conuel signal systems and safety lighting as the nuasber of logs of highways under jurisdiction of the CM bears to the total number of leas of highways at such intersection. (4) To apply for necessary encroachment permits X or work within the State highway right of rosy in accordance with STATE standard permit Procedure$. .3- SECTION 11 y ^' BUtMent th+eref«, ST. ' $ share of the desicm ongine arl ng costs* conatxuction engineering costs, and construction casts required to Clete the installations referred to harein, such share to be a suit bearing the amm proportion to the total cost Of installation of the traffic control signal systaos and safety lighting as the nuwbar of logo of highway& under Jurisdiction of STATE at the intersection Involved bears to the total number of less of high"ys at such inte rseaotiou, It is ostimated that STAMIS share: of the installs- time is $46,$80* Tbo actual amt of STAT,218 share will be determined after the installations are completed, but in no event shall STATVS share erreed $46v0QQ unless otherwise provided in a submwinent agromant between C17T am STATE* (1) To maintain and operate the entire traffic control signal systems and safety lichtir q as inataliesd• SECTION III It is Outually Understood and agreeadc (1) That design engineeerinr, costs are to be 14 percent of construction costs of tr'xe installatiow. ..4'.r (2) That construction engineering costs are to be 10 percent Of aoa,struction ousts of the installation, (3) That functional and admi.nistrat wee overheaac costs are to be 41 percent of construction engineering casts and 46 percent of design engiereezing costs, (4) That Obligations of STATE under terms of this Agreement are subject to tiara allocation of funds.by than California Uighwa<y Commission. (5) That neither STAU nor any Officer car erVloyee thereof shall to responsible for any CJ& age or liability Occurring by reason Of anything done or omitted to be dome by CITY under or in connection with any work, authority or Jurisdiction delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to covcarn nt Code Section 885.4 CITY &hall fully Uwamnify and hold STATE harmless from any liability i4posed for injury (as daafined by GovOrmMut Code Sanction 810.8) occurring by reason of anything done or gritted to be done by CITY under or in connection with any work, autharitY or jurisdiction delegated to CITY under this Agreement. (f) That neither CITY nor any officer or a sloyee thcrsaf, is responsible for any damage or liability occurring txy reason of zuyth?ng dOD8 or omitted to be stoney by SzATZ .5... comer or in connection with say work, authority of jurisdic- tion not delegated to CM under this Agreemento It is also understood and agreed that# pursuant to Goveermernt Code Section 495.4 SPATS shall fu lly indemnify and !told CITY harmless from my liability meal for injury Jas defined by Government Code Section 810.$} occurring by reason of anything done or gritted to be cue by STAn sender or in connecter with any work, authority or jurisdiction not delegated to CITY under this Ante =mt. (7) Ttaat, upon the date of a:MVI*tion of all work under this Agreemato wAnership and title to all mateirials, a4uipeeent and appurtanances installed will automatically be vested in the OTAIM and no further agreement will be necessary to transfer ownership to the STATE, i8? mat, should any portion of the project be financed with Federal ruw2s or State Gas Tax Panda all appli- cable procedures and policies .relating to the use of such funds shall apply notuithstar4ing odder previsions of this *Aqr t. iY WX SS % -AEPWP , the parties beret o have caused this Agreement to be executed by their respective of£ic;ers, duly .6- f tborized, the provisions of whiab Agreement are effective as of the day, month and year first &erainabovm written. 1#14-1 x gib. - a :. ' e :. w 75 OR ilk N7DRA-661M �JRVVIP' BY, MGM U. t:.er 1 raved as to Form. avA ProoedureR i --city Attvrrask -7- i �v RESOLUTION NO. 9016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COOPERATIVE FINANCING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPOR- TATION, IN CONNECTION WITH THE CONSTRUCTION OF A TRAFFIC SIGNAL AT COAST HIGHWAY AND PROSPECT STREET WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain cooperative financing agreement between the City of Newport Beach and the State of California, Department of Transportation, in connection with the construction of a traffic signal at Coast Highway and Prospect Street; WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 28th day of February , 1977. ATTEST: City Clerk Mayor DDO /bc 2/25/77