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