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HomeMy WebLinkAboutC-1976(A) - Coast Highway-Dover Drive improvements & Upper Newport Bay Bridge replacementCITY OF NEWPORT BEACH CALIFORNIA City liall 3300 W. Newport Blvd. Area Code 714 DATE September 20, 1979 TO: FINANCE DIREMOR FROM: City Clerk SUBJECT: Contract No. C -1976 Description of Contract Supplemental Agreement for Financing Dover Drive /Upper Bay Bridge and PCHwy Program Authorized by Resolution No. 9617 , adopted on 8 -13 -79 Effective date of Contract September 6, 1979 Contract with CALTRANS ` Address Dist 7, P. 0. Box 2304,,Los Angeles, CA 90051 Amount of Contract See page 3 (last paragraph) and Page 4 City Clerk 07 -ORA -1 17.9/18.5 Upper Newport Bay Bridge Replacement 07209 - 280201 District Agreement No. 3331 -w1 SUPPLEMENTAL C O O P E R A T I V E A G R E E M E N T THIS SUPPLEMENTAL AGREF.`IF11T, MADE AND ENTERED INTO ON THIS DAY OFi BY AND BETWrfil CITY OF NEWPORT BEACH, a body politic and a municipal corporation of the State of California, hereinafter referred to as "CITY" AND STATE OF CALIFORNIA, acting by and through its Business and Transportation Agency, Department of Transportation, hereinafter referred to as "STATE" WITTIESSFTH ; WHEREAS, Cooperative Agreement No. 3337 covering the improvement of Dover Drive from Coast Highway to Cliff Drive, the modification of that portion of Coast Highway west of Dover Drive, and extension of a right -turn lane onto the new bridge was entered into on October 21, 1977; and WHEREAS, 3TATE•s replacement of the existing bridge at Upper Newport Bay will make oeeessary the relocation of CITY's 24 -inch waterline; and WHEREAS, CITY desires to relocate the existing 24 -inch waterline and to install one additional 24 -inch waterline in the new bridge structure; and WHEREAS, STATE is willing to include construction of waterline in STATE's contract for Bridge Replacement Project. NOW, THEREFORE, in consideration of the premises and mutual benefits herein contained, it is mutually agreed by and between the parties hereto as follows: 1. That paragraph 2 of page 1 of Agreement No. 3337 be revised to read as follows: WHEREAS, CITY desires STATE to include as part of STATE's project, the improvement of Dover Drive from Coast Highway to Cliff Drive, the modification of that portion of Coast Highway west of Dover Drive, the extension of a right -turn lane onto the new bridge, the relocation of the existing 24 -inch waterline and the construction of one new 24 -inch waterline in the new bridge structure hereinafter referred to as IMPROVEMENT; and 2. That Exhibit "A" of Agreement No. 3337 be replaced by Exhibit "1" of this Agreement. -2- 3, That paragraph 1, Section I of Agreement No. 3337 be revised as follows: 1. To prepare or cause to be prepared plans, specifications and estimates required to construct said IMPROMIENT, except the waterlines; said plans and specifications to be in accordance with STATE standards for geometric and structural sections, and to submit said plans and specifications to CITY for approval prior to advertising the project for con- struction of aforesaid BRIDGE REPLACM-TENT. 4. That the following paragraph be added as paragraph 6, Section II; The CITY's design of waterlines shall be under the general supervision of STATE and all plans shall be prepared to detailed engineering design on the form and size of tracings regularly used by STATI3 for incorporation as part of the overall highway construction plans. The plans shall be prepared so as to conform and refer to the current standard specifications of the STATE insofar as same will apply. CITY shall use the same datum and bearings being used by STATE in its highway design and shall use such scales for layouts as may be designated by STATE. 5. That paragraph 2, Section II of Agreement No. 3337 be revised as follows: To deposit with STATE, within thirty (30) days of receipt of billing therefor (which billing will be forwarded immediately following STATE's bid advertising date of construction -3- I contract for aforesaid BRIM RIP14CMMT) the amount of $760,000 which, together with the estimated BAU funds assigned under Article 11 Section II of the Agreement No. 3337, is the estimated to-al amount as detailed on Exhibit "2 ", attached hereto and by 4r, this reference made a part of this Agreement. 6. That Exhibit "B" of Agreement No. 3337 be replaced by Exhibit "2". 7. That Paragraph 1, Section III of Agreement No. 3337 bo revised as follows; The actual cost to CITY of constructing INPROVMMT shall be computed on a basis of contract unit prices and actual quantities of items, to which shall be added a flat fourteen percent (14 %) of construction costs for construction engineering, overhead and administration cost; plus eleven percent (11 %) of construction cost exclusive of the water main construction cost for preliminary engineering, overhead and administration. 8. That all other terms and conditions of Cooperative Agreement No. 3337 shall remain in full force and effect. _t}_ i 41P 1.80 IN WITNESS [+HM=F, the parties hereto have caused this Agreement to be executed by their ,respective officers, duty authorized, the provisions of which Agreement are effective as of the day, month and year after hereinabove written. 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V) -7 o D M m 2 n z O 61 r n < -4 z yr o m z n r r m n r11 n !*7 D In -1 n c :i n n m z a] ro o m ro m -+ U c 1 Z .ro .x -4 O z o r o .+ z a r z 0 n o m s o ro A m s v w ro D H cn z m V) n m r m -1 O Y S m 3 r z cn m m < 0 '. II D Z -1 Ol m 3 r r r r r r x m D en n cn n vl v w m -+ ro G Pq V) 3 O m n n N V) � c c m n Q T O -1 -+ n z r r v Y �ro N N N OD r a Y Y D Y O O Y D m m O o 3 N VI O O O 3 O O O un O O O Vl O O O O Z 4 O O O P z '10 0 0 1 0 0 C. o O -4 N �! Y I+ r N P V O h �• n� 1 � Qj rQ) vl m n x m r D D Z In v -+ z a v c D m M o RI 0 r N O (n O A '*1 H n o p A m n O 7C1 z oz o z n z T -1 L {n o n c -1 �t LO r m -1 r In c D r F A r r Lp to D V + o U1 F F N OD W W O o.o R1 -4 . x 1 to v o� m A 1 c D n O r 1 .•� -i o 1 aum -4 m • 1 1 O m N D \ 3 o C OD 1 T • N O N r.l O D r 1 N .z n 0 3 OC H m d � A � •r In M .n A m n ., z D A < D O •-m .+ 3 m -+ 3 D D m O �] -i m z o n v°I � r O U D D m O mm 0 O+ r O N ol 3 e AG77 August 13, 1979 �- l9 1(O AUG 13 1919 CITY COUNCIL AGENDA ITEM NO. H-2(d) By tho %.:IIT CWJtNCIL CIN cs r'� ,'F: °T. 86QW CITY COUNCIL FROM: Public Works Department SUBJECT: COAST HIGHWAY -DOVER DRIVE AND BRIDGE REPLACEMENT RECOMMENDATION: Adopt a resolution authorizing the Mayor and City Clerk to execute a supplemental cooperative agreement with the State of California Department of Transportation (CALTRANS) covering the construction. of.the City's share of the Coast Highway -Dover Drive widening improvements, water main replacement and bridge replacement. DISCUSSION: On October 11, 1977, the City Council approved an agreement with CALTRANS which provided for the City's participation in the Coast Highway - Dover Drive widening and bridge replacement project. Attached is a copy of the Council memo which describes the terms and conditions of the agreement. Since the time that the original agreement was executed, the State has finalized its plans and cost estimates, the City has requested that the existing 24" water main relocation be added to the State project, and that a separate new 24" water line be constructed with the State project. Also, there have been several other modifications.to the City's portion of the project that have come up as the design plans were finalized. The installa- tion of street lighting between the bridge and Bayside Drive is one of these. To cover these changes and the increased cost estimate for the City's share, a supplemental agreement has been prepared. This agreement modifies the sections of the original agreement to add the water line work,and revise the cost estimate to increase the City's contribution from $127,500 to $760,000. The City's share of the construction project costs is now estimated to be $1,955,000 with $1,195,000 coming from FAU funds and $760,000 coming from City funds. Of the $760,000, $560,000 is the cost of the water line work. The remaining $200,000 is 13.9% of the cost of the items of work related to street construction and will be funded with currently budgeted City Gas Tax Funds. 0 E August 13, 1979 Subject: Coast Highway -Dover Drive and Bridge Replacement Page 2 The 1979 -80 budget provides $250,000 in the Water Fund for this year with another $250,000 projected for next year. It was originally thought that funds could be paid over a two -year period. However, the agreement provides for the deposit of the City's share when the project is advertised for bids (December 1979). A budget amendment in the amount of $310,000 for the.Water Fund is needed and has been prepared for Council consideration.. Benjamin B. Nolan Public Works Director DW:do Att. , The 1979 -80 budget provides $250,000 in the Water Fund for this year with another $250,000 projected for next year. It was originally thought that funds could be paid over a two -year period. However, the agreement provides for the deposit of the City's share when the project is advertised for bids (December 1979). A budget amendment in the amount of $310,000 for the.Water Fund is needed and has been prepared for Council consideration.. Benjamin B. Nolan Public Works Director DW:do Att. October 11, 1977 CITY COUNCIL AGENDA ITEM N0. G -9 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: COAST HIGHWAY -DOVER DRIVE - IMPROVEMENTS AND BRIDGE REPLACEMENT RECOMMENDATIONS: �o 1. Adopt a resolution authorizing the Mayor and City Clerk to execute a cooperative agreement with the State.of California Department of Transportation (CALTRANS) covering the- construction:of the City's share of the Coast Highway -Dover Drive improvements.and bridge replacement.. 2. Authorize a temporary loan of $127,500 from Unappropriated Surplus. DISCUSSION: In connection with the widening of the Coast Highway bridge over the upper Newport Bay by the State, the City has requested that additional widening and improvements be made on the bridge and at Coast Highway and Dover Drive. This work will be administered, designed and constructed by the State. On December 13, 1976, the Council authorized the execution of a cooperative agreement providing for the State to acquire the right of way necessary for the project. The State has now requested that the City execute a cooperative agreement which will cover the design, administration and construction of the improvements that are the City's responsibility. These improvements are shaded in on the attached Exhibit A. The State and City staffs have prepared a cooperative agreement covering the design engineering, administrative, and construction costs for the project; the method of determining the City's share; and how the City's share is to be paid to the State. The major parts of the agreement are outlined below: The State agrees to: 1. Prepare all necessary designs, plans and specifications for City's improvements. 2. Contract for and inspect the construction of the City's improvements as a part of the State's contract for the replacement of the bridge and associated Coast Highway improvements. The City agrees to; 1. Assign to the State its share of FAU funds allocated for the City's improvements. 2. Deposit with the State (no earlier than the date the State advertises for bids), the amount of $127,500. This amount added to the assigned FAU funds is the estimated cost of City's improvements ($750,000). 3. Pay any costs for the City's improvements which are in excess of the FAU assignment. (FAU funds are to cover approximately 83% of the cost of City's improvements.) 4. Accept, control and maintain Dover Drive upon completion and accep- tance of the contract by the State. APPROVED BY CITY COMM DATE, OCT 11 1977 P t _ October 11, 1977 Subject: Coast Highway -Dover Drive improvements and bridge replacement Page 2 - It is mutually understood and agreed that: 1. The cost of the City's improvements will be the contract price paid for the work plus 25% for engineering, administration, and construction inspection. 2. The.City's share of the new bridge structure is 6% of,the structure . construction cost. 3. The State will provide a final accounting for City's improkvements at the completion of construction and the difference in the amount deposited by the City and the final amount will be.either refunded or the additional amount paid. 4. All appropriate Federal and State Regulations will be followed. 5. Each will hold the other harmless for any damage or liability occurring by reason of actions by that agency. The current State schedule for project construction estimates the bid advertising date to be November or December, 1978. The construction will take 1 -112 years. As the deposit required by this agreement will not have to be paid in this fiscal year, Gas Tax funds were not included in the current budget for,the City's share of the improvements. They are shown to be budgeted next year. However, State law requires that funds be encumbered when an agreement is executed. obligating those funds. It is proposed that the $127,500 required by this agreement be temporarily loaned to the Gas Tax Fund from Unappropriated Surplus, until adoption of next years Gas Tax budget. A seph T.. f�evl i n blic Works Director W:do �� '•'alt' �� ��\. ' .` lyl,`'' �� \�' w`o YZ,'.y� 1 •.r'� •y. ..y � \.CO fit: " 1 1: o'm G7 e Nil NIL OQ ----- - .�------ _%'. , fc'{ v I • K14�1/7 ad,y� AUG 13 1979 y *. CITY COUNOL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUPPLEMENTAL COOPERA- TIVE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH COAST HIGHWAY /DOVER DRIVE AND THE BAY BRIDGE REPLACE- MENT WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Supplemental Cooperative Agreement between the City of Newport Beach and the State of California Department of Transportation in connection with Coast Highway /Dover Drive and the Bay Bridge replacement: and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satis- factory and that it would be in the best interest of the City to execute said Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the 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 13th day of August , 1979. Mayor ATTEST: City Clerk kb 8/7/79 RESOLUTION NO. g (;1 .f A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUPPLEMENTAL COOPERA- TIVE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH COAST HIGHWAY /DOVER DRIVE AND THE BAY BRIDGE REPLACE- MENT WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Supplemental Cooperative Agreement between the City of Newport Beach and the State of California Department of Transportation in connection with Coast Highway /Dover Drive and the Bay Bridge replacement; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satis- factory and that it would be in the best interest of the City to execute said Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the 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 13th day of August , 1979. ATTEST: City Clerk Mayor kb 8/7/79 0 NOV 28 1977 By the QfY COUNG. QTY OF NiWX*T KACh TO: CITY COUNCIL November 28, 1977 CITY COUNCIL AGENDA ITEM NO. H-2(c) FROM: Public Works Department SUBJECT: COAST HIGHWAY -DOVER DRIVE IMPROVEMENTS AND BRIDGE REPLACEMENT RECOMMENDATION: Adopt a resolution authorizing the Mayor and City Clerk to execute Program Supplement No. 1, Revised, to Local Agency -State Agree- ment No. 07 -5151 covering FAU funding for the Coast Highway -Dover Drive improvements and the Upper Newport Bay Bridge replacement, DISCUSSION: On August 22, 1977, the Council authorized the execution of Program Supplement No. 1 to the Local Agency -State Agreement No. 07 -5151. The State now requests that the City execute Program Supplement No. 1 Revised. This revised supplement supersedes the one previously executed by the City. It provides for early obligation of Federal -Aid Urban funds for right -of -way acquisition in the State portion of the project. It does so by reducing Federal participation in State construction costs. Federal participation in City costs remain unchanged. Program Supplement No. 1 Revised, when executed, will become a part of Local Agency -State Agreement No. 07 -5151 and provides for the FAU funding of the Coast Highway -Dover Drive improvements and Upper Newport Bay Bridge re- placement. The program includes FAU funding to the State and lists the matching funds needed from both the City and the State. Attached is a copy of Program Supplement No. 1 Revised. The supplement provides for the State to prepare plans, specifications and estimates, acquire right -of -way, advertise, award and administer the project. seph nT.evlin P blic s Director W:jd Att. • City or Lo. Agency Nev ort •Beach Date Septem -177 Supplement No. I R-e-V Sed To Local~ ,Agency- State- -- Agreement No. 07 -5151 PROGRMI. OF L"L AGENCY FEDERAL AID URBAN SYSTEM PROJECTS IN THE City of Newport Beach Local Agency Pursuant to the Federal Aid for Urban Systems Acts, the attached "Program" of Federal Aid Urban System Projects marked "Exhibit B" is hereby incorporated in that Master Agreement for the Federal -Aid Program which was entered into between the above named LOCAL AGENCY and the STATE on Au V 11, 1977 , and is subject to all of the terms and con tons t ereo . The subject program is adopted in accordance with Paragraph 2 of Article II of the aforementioned agreement under authority of City /WwRty Resolution No. approved by the City Council/ aeapd--at: SwpepWseps on - (See copy attached). City of Newport Beach Local Agency By Title Approved for State Attest: Clerk DEPUTYDistrict Director of Transportation District 0-1 Department F Transportation Form DH -OLA -411 L O a Q J 0 x v ' •� U O N O 0 4t id w �10 O m O O 3, , n n , 4� 4� 4� ,t cv m m M y U m CL dI U to eci tli .69- -boB' to •Ni N m >z G u w U r 'C pq w o c O O R 0 4) Q r W Y O O O O v W O fa O O O O O N •ti U O N 4) U V y � CO OD D o k p rA J U � t9 -ea- tH t } to- b c h0 +t = OD O O .Oi A a) m O G � > L N w h W rn w r \10 ! o w � W . to 4-4 4p, O to U t} i} o O z 4_ N U N rl hU (n w w "yq 0 C/) + a U N a LLJ 4) O O O O O O (LYE w o ° ° °o ° ° N O O O _ o w w w n. Q g 00 r-I co O 4J w , , o cu 0 LL_ a E r. � c3 a+ N O O h0 C OL z,-iiw°Nz)ox ca . L w w a $L+ d a) vVi O -H 4) CO 4y Y > 60 >a a >>Cd5144)NCdter ro3 a > ti ,iboA ,4+tUA ACd po O H o xwA Aw (1) F4 4 •' 4 4 -H H S4 94 W •�-1 Cd C '�ccdA o° > aro o ae> fa H PQ U W g A P+ 43 Z i 4) A rn E m a � o d o m Ln led .a 0 L O a Q J 0 x v 0 Exhibit B Page 2 • 4 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Artice VI MAINTENANCE of the aforementioned Master Agreement will be performed by the respective agencies within their jurisdictions at regular intervals or as required for efficient operation of the completed improvements. 2. The State will prepare PS &E, acquire right of way, advertise, award and administer the project. The City of Newport Beach will reimburse the State for their share of these costs in accordance with Cooperative Agreements prepared for this project. The actual funds for the project will be set up on the basis of contract prices after the bides for the work have been opened. 3. The availability of Federal Funds will be subject to meeting deadlines and /or conditions as may be imposed by the Director upon the recommendation of the FAU Advisory Committee. NOV 28 1977 By }ho CITY COUNCIL RESOLUTION NO. 9 22 GTY of "okip"T VACH A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACII AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE PROGRAM SUPPLEMENT NO. 1 - REVISED - TO LOCAL AGENCY STATE AGREE14ENT NO. 07 -5151 COVERING THE FAU FUNDING FOR THE COAST HIGHWAY -DOVER DRIVE IMPROVEMENTS AND THE UPPER NEWPORT BAY BRIDGE REPLACEMENT WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Program Supplement No. 1 - Revised - To Local Agency State Agreement No. 07 -5151 covering the FAU Funding for the Coast Highway -Dover Drive improvements; and WHEREAS, the City Council has reviewed the terms and concti.t:i.ons of said Program Supplement No. 1 - Revised - To .Local Agency State Agreement No. 07 -5151 covering the FAU Funding for the Coast Highway -Dover Drive improvements, 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 Program Supplement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Program Supplement above described is approved, and the Mayor and City Clerk are hereby autho.r.ized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 28th day of November ATTEST: City Clerk 1977. DDO /bc 1/23/ 77 i October 11, 1977 CITY COUNCIL AGENDA ITEM NO. G -9 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: COAST HIGHWAY -DOVER DRIVE IMPROVEMENTS AND BRIDGE REPLACEMENT RECOMMENDATIONS: 1. Adopt a resolution authorizing the Mayor and City Clerk to execute a cooperative agreement with the State of California Department of Transportation (CALTRANS) covering the construction of the City's share of the Coast Highway -Dover Drive improvements and bridge replacement. 2. Authorize a temporary loan of $127,500 from Unappropriated Surplus. DISCUSSION: In connection with the widening of the Coast Highway bridge over the upper Newport Bay by the State, the City has requested that additional widening and improvements be made on the bridge and at Coast Highway and Dover Drive. This work will be administered, designed and constructed by the State. On December 13, 1976, the Council authorized the execution of a cooperative agreement providing for the State to acquire the right of way necessary for the project. The State has now requested that the City execute a cooperative agreement which will cover the design, administration and construction of the improvements that are the City's responsibility. These improvements are shaded in on the attached Exhibit A. The State and City staffs have prepared a cooperative agreement covering the design engineering, administrative, and construction costs for the project; the method of determining the City's share; and how the City's share is to be paid to the State. The major parts of the agreement are outlined below: The State agrees to: 1. Prepare all necessary designs, plans and specifications for City's improvements. 2. Contract for and inspect the construction of the City's improvements as a part of the State's contract for the replacement of the bridge and associated Coast Highway improvements. The City agrees to: 1. Assign to the State its share of FAU funds allocated for the City's improvements. 2. Deposit with the State (no earlier than the date the State advertises for bids), the amount of $127,500. This amount added to the assigned FAU funds is the estimated cost of City's improvements ($750,000). 3. Pay any costs for the City's improvements which are in excess of the FAU assignment. (FAU funds are to cover approximately 83% of the cost of City's improvements.) 4. Accept, control and maintain Dover Drive upon completion and accep- tance of the contract by the State. E October 11, 1977 Subject: Coast Highway -Dover Drive improvements and bridge replacement Page 2 - It is mutually understood and agreed that: 1. The cost of the City's improvements will be the contract price paid for the work plus 25% for engineering, administration, and construction inspection. 2. The City's share of the new bridge structure is 6% of the structure construction cost. 3. The State will provide a final accounting for City's improvements at the completion of construction and the difference in the amount deposited by the City and the final amount will be either refunded or the additional amount paid. 4. All appropriate Federal and State Regulations will be followed. 5. Each will hold the other harmless for any damage or liability occurring by reason of actions by that agency. The current State schedule for project construction estimates the bid advertising date to be November or December, 1978. The construction will take 1 -1/2 years. As the deposit required by this agreement will not have to be paid in this fiscal year, Gas Tax funds were not included in the current budget for the City's share of the improvements. They are shown to be budgeted next year. However, State law requires that funds be encumbered when an agreement is executed obligating those funds. It is proposed that the $127,500 required by this agreement be temporarily loaned to the Gas Tax Fund from Unappropriated Surplus, until adoption of next years Gas Tax budget. J�seph T. [�evlin P blic Wo S Director .. 'tl , i , i � f F fir' � i •71 4 I �- � /, ,. „` mil-( r': I. M '. 1f ,•�i. r i C 10, r I s k / it , L/ �I 4 A, i Ir o-II fI � SM it i �' ,10����\ I � I � I , c ipl � r _ i �l/ tai ;�� ,IAA • `I t r CS � =- 1. , � t: 0 0 :t +•,L`.:It' r iii �'��. \�. ipl � r _ i �l/ tai ;�� ,IAA • `I t r CS � =- 1. , � t: 0 0 RESOLUTION NO. 9201;; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT WITH CALTRANS COVERING THE CONSTRUCTION OF THE CITY'S SHARE OF THE COAST HIGHWAY -DOVER DRIVE IMPROVEMENTS AND BRIDGE REPLACEMENT CT _ WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Cooperative Agreement between the City of Newport Beach and CALTRANS for covering the construction of the City's share of the Coast Highway -Dover Drive improvements and bridge replacement; and WHEREAS, the City Council has reviewed the terms and conditions of said Cooperative 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 Cooperative Agreement above described is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 11th day of Mayor ATTEST: City Clerk October 9 1977. DDO /bc 10/4/77 I August 22, 1977 CITY COUNCIL AGENDA ITEM NO. H-2(f) TO: CITY COUNCIL FROM: Public Works Department SUBJECT: COAST HIGHWAY -DOVER DRIVE IMPROVEMENTS AND BRIDGE REPLACEMENT RECOMMENDATION: Adopt a resolution authorizing the Mayor and City Clerk to execute Program Supplement No. 1 to Local Agency -State Agreement No.07 -5151 covering FAU funding for the Coast Highway -Dover Drive Improvements and the Upper Newport Bay Bridge replacement. DISCUSSION: On October 14, 1975, the Council authorized the execution of Local Agency -State Agreement No. 07 -5151 covering guidelines and procedures for ob- taining FAU funds. This agreement did not provide funds for any particular project. Program Supplement No. 1, when executed, will become a part of Local Agency -State Agreement No. 07 -5151 and provides for the FAU funding of the Coast Highway -Dover Drive improvements and Upper Newport Bay Bridge replacement. The program includes FAU funding to the State and lists the matching funds needed from both the City and the State. Attached is a copy of Program Supplement No. 1. The supplement provides for the State to prepare plans, specifications and estimates, acquire right -of -way, advertise, award and administer the project. The State is now completing the right -of -way appraisals and hopes to begin right -of -way acquisition in October. The plans are also underway, and it is hoped that the project can be advertised for bids in November or December of 1978. eph Devlin T. lic ks Director jd City of . LO(sgency Neww ,ort Beach Date Jul ZO 1917 _ Sup plement o. 1 Z To Local Agency -State Agreement No. 07 -5151 PROGRAM OF LOCAL taticY FEDERAL AID URWI SYSTEM PROJECTS IN TIE CITY OF NEWPORT.BEACH Local Agency Pursuant to the Federal Aid for Urban Systems Acts, the attached "Program" of Federal Aid Urban System Projects marked "Exhibit V is hereby incorporated in that Faster Agreement for the Federal -Aid Program which was entered into between the above named LOCAL AGENCY and the STATE on , and is subject to all of the terms and conditions thereof. The subject program is adopted in accordance with Paragraph 2 of Article II of the aforementioned agreement under authority of City /CmPI=y Resolution No. approved by the City Council/ �437mt0c]SR)Oiipl4tNCi>6�b1c8 on (See copy attached). CITY OF NEWPORT BEACH Local Agency By Ti tie Approved for State Attest: Clerk L oarutt District Di recto of Transportation District 07 Department Transportation Form DH -OLA -411 t •.3) m Y: 41 I! 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The State will prepare PS &E, acquire right of way, advertise, award and administer the project. The City of Newport Beach will reimburse the State for their share of these costs in accordance with Cooperative Agreements prepared for this project. The actual funds for the project will be set up on the basis of contract prices after the bids for the work have been opened. 3. The availability of Federal Funds will be subject to meeting deadlines and /or other conditions as may be imposed by the Director upon the recommendation of the FAU Advisory Committee. i� RESOLUTION NO. 9175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE PROGRAM SUPPLEMENT NO. 1 TO LOCAL AGENCY -STATE AGREEMENT NO. 07 -5151 COVERING FAU FUNDING FOR THE COAST HIGHWAY - DOVER DRIVE IMPROVEMENTS AND THE UPPER NEWPORT BAY BRIDGE REPLACEMENT WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Program Supplement No. 1 to Local Agency -State Agreement No. 07 -5151 covering FAU funding for the Coast Highway -Dover Drive Improvements and the Upper Newport Bay Bridge Replacement; WHEREAS, the City Council has reviewed the terms and conditions of said Program Supplement No. 1 to Local Agency - State Agreement No. 07 -5151 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 Program Supplement No. 1 to Local Agency -State Agreement No. 07 -5151 is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Newport Beach. ATTEST: City Clerk ADOPTED this 22nd day of August , 1977. Mayor DDO /bc 8/19/77 N � CITY OF NEWPORT BEACH TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. C- 1976 -C CALIFORNIA City 11.111 3300 W. Newport Blvd Area Code 714 DATE November 4, 1977 Description of Contract Coast Hwy /Dover Dr. Improvements 6 Bridge Replacement Authorized by Resolution No. 9200 , adopted on October 11, 1977 Effective date of Contract October 21. 1977 Contract with State Dept of Transportation Address Matriet 7 P.O. Box 2304 7-no Angeles CA 90051 Pmount of Contract Sae_rontract City Clerk so STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Gorernor DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. BOX 2304, LOS ANGELES 900510 Telephone: (213) 620 -3210 November 1, 1977 07 -0ra -1 17.9/18.5 Upper Newport Bay Bridge Replacement 07209 - 280201 Mr. Joseph Devlin Director of Public Works City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92660 Dear Mr. Devlin: Forwarded for the City's records is one fully executed copy of the City and State Cooperative Agreement No. 3337 covering the proposed improvements on Dover Drive, the modification of that portion of the Coast Highway west of Dover Drive, and the replacement bridge over Upper Newport Bay. Sincerely, R. F. BLOCKER Chief, Project Development Branch B Attach. PUB V it /t0 rfl�✓2 WORDS N i J i o7- Ora -1 17.411845 Wper X*"ort Hay dge Replacement E 280201 " District Agreement No. 3337 COOP E R A 1.11 E A d R$ E II.E 8 T 0 CITY OF XMMRT DBACH, a body politic Md a municipal corporation of the State of California, hereinafter referred to as "CITY" STAT8 OF CALIFOMA, acting by and through its Business and Transportation Agency, Department of Transportation, hereinafter referred to as "STATE" ' WHEREAS,* STATE contemplates a project to replace the existing upper Newport Bay Bridge on Coast Bigbway and to widen bridge approaches, hereinafter referred to as "BP=G3 REPLACEMENT "; and WHEREAS, CITY desires STATE to include as part of STATE'S project, the improvement of Dover Drive fry Coast Highway to Cliff Drive, the modification of that portion of Coast Highway west of Dover Drive, and extension of a right -turn lane onto ' the new bridge hereinafter referred to as "IM AOMM "; and so YWAB, the Orange County FAU process has approved the use hl::FAV fvxAs for M OvzmT, and CM desires to assign said funds to STATEE to be used for construction of 11 MW, STATE is willing to include design and con- struction of IMPROvEMM in STATI contract for aforesaid BRIDGE REPLACEMENT; and WBBtffiAS, it is in the best public interest that said IMPROVEMENT be included in j$*?E'S contract for aforesaid BRIDGE REPLACEMM; and W1DDfEAS, CITY and STATE have previously entered into an agreement (District Agreement No. 3325) covering right- of -way acquisition; and WBSREAS, the limits of construction of INMVEMM are shown on Exhibit A attached hersto.and by this reference made a part of this Agreement; and WiiSItW, STATE and CITY do mutually desire to cooperate and jointly participate in agreement and desire to specify herein the terms and conditions, under which said XKPROVEMM will be constructed, financed and maintained. NOW, THERVORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: STATE AGREES: 1. To prepare or cause to be prepared all plane, specifications and estimates required to construct said IIQ+'ROVEMMT; -2- said plans and specifications to be in accordance with STATE standards for geometric and structural sections, and to submit said plans and specifications to CITY for approval prior to I advertising the project for construction of aforesaid BRIDGE REPLACEMENT. 2. To furnish or cause to be furnished all labor, materials, tools, and equipment necessary to construct said IMPROVEMENT pursuant to the provisions of the STATE Contract Act, except otherwise provided herein. 3. To include construction of IMPROVEMENT in STATE'S contract for construction of BRIDGE REPLACEMENT. SECTION II CITY AGREES; 1. To assign to STATE its share of PAU funds approved for IMPROVEMENT by Orange County PAU process prior to award of STATE'S contract for construction of BRIDGE REPLACEMENT. 2. To deposit with STATE, within thirty (30) days of receipt of billing therefor (which billing will be forwarded immediately following STATE'S bid advertising date of construction contract for aforesaid BRIDGE REPLACEMENT) the amount of $127,500 I which, together with the estimated PAU funds assigned under Article 1 above, is the estimated total amount as detailed on Exhibit B. attached hereto and by this reference made a part of this Agreement. -3- 3. That if, for any reason, CITY'S assignment of FAU funds to STATE is less than 83% of total cost of IMPROVEMENT, CITY will pay additional funds to STATE to make combined total equal to 100% of cost of IMPROVEMENT. 4. To accept, control, and maintain Dover Drive upon completion and acceptance of contract by STATE. 5. To indemnify and save STATE harmless from any claims of damage to persons or property caused by any drainage diversion by reason of construction of IMPROVEMENT. SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED THAT: 1. The actual cost to CITY of constructing IMPROVEMENT shall be computed on a basis of contract unit prices and actual quantities of items, to which shall be added a flat fourteen percent (14 %) of construction costs for construction engineering, overhead and administration cost; plus eleven percent (11 %) of construction cost for preliminary engineering, overhead and administration. 2. The mobilization charge, as shown on Exhibit B is computed by multiplying the CITY'S actual total construction cost, exclusive of the Mobilization Item, by the lump sum bid mobilization item and dividing by the total construction cost of contract, exclusive of the Mobilization Item. 3. The CITY'S share of the new bridge structure shall be a fixed 6.0% of the total construction cost of the structure. -4- 4. If, upon acceptance of bids it is found that the amount deposited by the CITY ie excess of the CITY'S s6&"' of the cost of the work by $500 on the basis of bid prices, preliminary and a truction engineering, administration and overhead cost, the balance shall promptly be refunded by STATE to CITY._ If, however, the CITY'S share of the cost of the work on the basis of bid prices, preliminary and constrwtion engineering, administration and overhead cost exceeds by $500, the amount deposited by CITY, CITY will promptly upon receipt of claim therefor pay its portion of the amount of said excess to STATE. 5• Any change requested by the parties hereto in the aforesaid construction that any be necessary or desirable prior to completion of the work shall require the written approval of both the CITY and STATE. The coat of an approved,change, if deemed to be part of the work to be shared by CITY, and if within the amount provided for contingency items, may be taken from the fund therefor provided. If the cost of an approved change exceeds the amount provided for in contingency items, CITY will, upon receipt of claim therefor, deposit with STATE the estimated cost of such approved changes, plus five percent (5%) for contingencies. 6. In the construction of said work, the STATE will furnish a Resident Engineer to perform the usual functions of a Resident Engineer and the CM may also furnish an inspector 1 at no cost to STATE, if it so desires, and that said Resident Xnginoar and inspector will cooperate sad consult with each other, list the decisions of the 8ftW$ Resident Engineer shall be final. 7. Within sixty (60) days after completion of the work a" /or acceptance of the project, STATE shall notify CM In writing of the dates thereof and the probable or estimated date the final detailed statement of cost for the CITY'S share of the work will be submitted. If, upon completion of the work, an appreciable over deposit is apparent and final account - ing is to be delayed, the excess deposit over the estimated requirements shall be returned to the CITY upon demand therefor. If outstanding charges, such as contractor's claims, liens, etc., delay the final accounting, STATE shall so advise CITY, but in any event, a final accounting, or semi -final accounting, if charges are still outstanding, shall be presented within one - hundred eighty (180) days from the date of completion of work. 8. 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 Hone by STATE under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.$, STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by government Code Section 810.8) occurring -6- b' reason of anything done or omitted to be done by STATE under' or in motion with any worlt - authority or jurisdiction aft-{ delegated to CITY under this Agent. 9• 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 -o-O- in connection with any work, authority or jurisdiction delegated z 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 agcy work, authority or juris- diction delegated to CITY under this Agreement. 10. That should the CITY finance its share by use of Federal Funds or State Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply not- withstanding other provisions of this Agreement. 11. The obligations of STATE under the terms of this Agreement are subject to the allocation of funds by the California Highway Commission. —7- III wrnmas iPREmp, the ps ties hereto have,caassd this Agreeatft to be executed by the respective officeli, duly authorised, the provisions of which Agreement are effective as of the day, month and year after hereinabove written. STATE OF maFORmA CITY , Bi WORT WACH Department of Transportation ADRIANA GIANTpRCO By Director of Transportation VAgor q By Attest; c e or V city CIOVIC C- 1976(A) See Contract File for Exhibit A CONS? RVC 7740A/ COST ES r C /TY s S,yAk'.E / TEMS F /XED QU.�NT /TY UN/ T pp_ ICE SST D COST /. ,POA D WA Y .EXCA VA 77101V S¢ 72 C Y 6 9.Z, 83? 2, .eeADWAY £M8AN!(NF_NT 1£300 CY 3. S 400 3• AGG�GATc (GLASS 'B ASP.4114 L7T CO/✓4,2£TE) 3226 TONS 20 64 S20 4, PAV 11 10 ASPHALT �ASPN/� LT COA/CRETE) 170 7-0115 20 3 400 S PCC BASE 468 SY JS" 7020 6• AGG2E6A7'�C BASF (CL-2) 1307 CY 9 11763 7 A06RLGA7 Z- SULK BASE "CL -�l> /493 CY S 7 �6S &. ASPHAL T/C £MUGS /UN FOG S.CA L COAT, S TONS 125" 625 9- C.C. ASS 'P ' COI ✓C,PLT£ (CUn?B GU7"TERS� S /D�W,4L KS SAY' ✓YS .� 4 f 8lq C Y 90 43 920 10..2- M0r.E" EX /ST /NG - CORBS A GUTTERS 2015 CY //, IZCMO t1E £,k' /STS /UE 1�JA L K 330 SY 6 / 980 (a) /N,CETS 3 CY 3S0 /OS0 A) JU1 ✓C7 -ION 20X 3 CY 3s0 /, 050 i� /✓J1SC -- r /� 510 l3, T.�AFF /C (a) S /f3NAG S 411•7P SUM 60, 700 Sua - 7-0 TA /- A41SC,CZ1-ANEOUS CONS 7"R614C T /O/✓ TO 7-A L 2d 71 ZGO 353. ,MOB /,C /_?AT" /ON CPA. 0,47 BASED ON THE FO�✓.OLJ / / ✓E FO. °l✓IUL A ACTUAL 7-07A 4 CONS T. COST 'A 90V.0 x j- LIMP SUM 540 i1�UA /t. /T�jA TOTAL COST GF CONTRACT - ZaAlla SUM 15,110 A10IF114. /%`I'M (//Y, USC FOR . &W,0DSES ONLY) W /DEN /NG 0) eCrA 11V11VG WALL. zee 635. 5U8 - 7-07-AL Z 6S, 99 ? . CON 7' 1NG,ENCAr5 (S a > 14, 4S0 . SUB - TO 7-A L 303.1 ¢ f2. OF BP✓06E 6 CJS7- C057- $ 3JC, (11VC. CONT /NGENCIZ- k ✓ZA7-101'1) 40� D&O . SUB 7-07-,A/- 7 /¢, G'8�. RESOLUTION NO. 92o0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT WITH CALTRANS COVERING THE CONSTRUCTION OF THE CITY'S SHARE OF THE COAST HIGHWAY -DOVER DRIVE IMPROVEMENTS AND BRIDGE REPLACEMENT WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Cooperative Agreement between the City of Newport Beach and CALTRANS for covering the construction of the City's share of the Coast Highway -Dover Drive improvements and bridge replacement; and WHEREAS, the City Council has reviewed the terms and conditions of said Cooperative 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 Cooperative Agreement above described is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 11th day of October , 1977. ATTEST: City Clerk DDO /bc 10/4/77