HomeMy WebLinkAboutC-2310 - Cooperative Agreement for Stairway at Newport Channel BridgeCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
DATE: March 29, 1982
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 2310
Description of Contract Co -op Agreement for
to
construction of concrete stairway- Newport Channel Bridge
Effective date of Contract December 14, 1981
Authorized by Resolution No. 11098 , adopted on 12/14/81
Contract with State of California Dept of Transportation
Address District 7. P.O. Box 2304
Los Angeles, CA 90051
Amount of Contract See Contract
40� tom'
Wanda E. Andersen
City Clerk
WEA: 1
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
Telephone (213) 620 -3210
October 9, 1979
Mr. Benjamin Nolan
Director of Public Works
3300 Newport Boulevard
dewDort Beach, CA 92663
Dear %Ir. Nolan:
07- Ora -55 0.2
Newport Beach Channel
Bridge
07207 - 910024 - 5955055
This is a request for the City to include pedestrian facili-
ties, to be located at the north side of the Newport Beach
channel bridge, in your proposed contract for sidewalks along
the Pacific Coast Highway.
This matter was discussed with i4r. Don Webb of your staff on
September 6, 1979.
A wooden stairway, installed in the early 50s under encroach-
ment permit by Balboa Coves Community Association, was removed
by the State forces. This facility had deteriorated and was
declared unsafe for use by the public.
Several years ago, the City constructed a bike path within
State right -of -way at the Route 1/55 interchange under an
encroachment permit. This path has provided better access for
pedestrians and bicyclists in this area. It appears that the
public is climbing the slope where the stairs had been located
thereby destroying ground cover which has caused erosion
problems for us.
Our proposal is that concrete steps be provided for pedestrians
with the City and State splitting the construction cost. The
State would be responsible for the maintenance of the facility.
D If A elf
Mr. Benjamin Nolwi -2- October 9,.1979
If this proposal is or is not acceptable, please contact me by
phone and then confirm in writing.
Sincerely,
R. P. BLOCKER, P. D.
Chief, Project Development
Branch B
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1. STATE made Ciff toral proposal for construc-
tion of a concrete stairway (within the 2tats Highway right-of-
way) on the slope betw*sula sidewalk on Ro"o.55 and a bicycle
path along Route I in a 1 r dated Oct"er1%, 19791, attached
as Rxhibit A and made 'a part of thin Agreemi",
2* CITY woo willing t6�0"iwtake contraction of the
concrete stairway hereinafter recd to as PROJECT, and sham
on Exhibits 3 and 0 attached And made a part of this Agreement
and incorporated - PROJECT W of CITrIP contracts for sidewalks
along Pacific coast Highway
3• NV= and CM do *4►W desire to specify the
terag'and conditi►g, under which An to.,be financed and
maintained.
CITY AGRE35t
L. 111at it has provide"unsand specifications and
all necessary construction engineering services for the PROJECT
and to bear 100% of the ejoesse thereof.
2. That it has cow ructed the PROJUT in accordance
with plans and specifications of CITY to the satisfaction MA
approval of STATE.
3. To pay an amount equal to 5,0, of construction costs.
I..
ing to constrfttlasF-Of the !:
Ham II .
M-2x howl
1. To depesit ritli"em after coaputigm: or cons
tion contrast ! ®r F2fJW the 1gr t aao t of 04J,294 which
figure represents In"#s share oi constru6tion coats roqu"d
to complete FADJM,
2. !e maintain MOM io.- osenstrue tad
1. That 'gbhgatlons�or eHGU vM*; ter" of this
Agreement are subject to the . appropriation of sisourees bp,
&egislaturs and the.allocati -_°of resources by the California
Transportation DommIssion. .
8. That should. OW portion of the MMT be financed
with. tederaX funds or State gas fait funds all Applicable paoevt.
dares and policies relating to the use of sualk.Awds shall apply
notwithstanding other provisions of this Agreement.
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3. That neither SLATE nor any officer or emplane
thereof shall.be responsi for any damage or iiabi1it .deeurring
by reason of anything done or omitted to be done by CITY under or.
in connection with any work, authority or jurisdiction not dad¢
gated to STATE under this Agrsem It is also understood
agreed that, pursuant to GovernmA Code Section 898.4, CITY shall
fully indemnify and hold MTS harmless, from any liability imposed
for injury (as defined bp- @ov4rment Qode SeeLioh 810:$) occurring
by reason of anything done_ omitted to be done by CITY under or
In cotmoction with any work, authority or jurisdiction not •J*Ie-
gated to STATE under this Agreement.
.4. That neither CXTY'taar any officer or employee thereof
is responsible for any damage or~*tability occurring by,reason,of
anything done or omitted to be done by STATE.undsr.or in'conneetion
with any work, authority or jurisdiction delegated to,BUTZ under
this Agreement. It "is also understood and agreed that, pursuant
to government Code Section 895.4. SLATE shall fully'lademnify and
hold CITY harmless from any liability imposed for injtiy$,(ss
defined by Government Code-Section 810.8} occurring by reason'.ot
f
anything done or omitted to be done by STA4'E under or in contd ion
with any work, authority or jurisdiction delegated to STATE under „
this Agreement.
5. Upon completion of all work under. this Agreement,
ownership and title to all materials, equipment and appurtenances
installed will automatically be vested to the STATE and no further
agreement will be necessary to transfer ownership to the STATE.
-4-
and acceptance at PR038CT'b7 STATE and CITY on January r �7v�,
4
however, the ownership and mainte-
whiehever is earlier in
#: -.mince clauses shall,- remain in eftOet until terminated in writing
by mutual Agreement-
STATE OF CALIFORNIA
Department of Transport&
ADRIANA OIANT1JRCO7
Director of Transportation
By ec o
s rf
-5-
CITY OF NEWPORT BEACH
i
Approved as to form:
Wing tY orneY
• . December 14, 1981
CITY COUNCIL AGENDA
ITEM N0. — -
TO: CITY COUNCIL
CLE C 14 1981
FROM: Public Works Department
By the CITY COUNCIL
SUBJECT: COOPERATIVE AGREEMENT WITH CALTRANS FOR THE CONSCM11MIM01"T Ii"N
CONCRETE STAIRWAY AT THE NORTHWEST CORNER OF THE NEWPORT CHANNEL BRIDGE
RECOMMENDATION:
Adopt a resolution authorizing the Mayor and City Clerk to execute
the subject agreement.
DISCUSSION:
This agreement will provide payment to the City of $4,290 which repre-
sents CalTran's share for the construction of a concrete stairway at the northwest
corner of the Newport Channel Bridge. See attached sketch for location of the
stairway.
CalTrans requested the City to include construction of the stairway
in one of the City's projects to construct sidewalks along Pacific Coast Highway
(see attached letter dated October 9, 1979). The work was included in the City's
Contract No. 2062, West Coast Highway Improvements South Side, 57th Street to
Balboa Boulevard, and was completed on July 8, 1980.
Terms of the agreement provide that
A. City
1. Provide plans, specifications and construction engineering.
2. Construct stairway to satisfaction and approval of CalTrans.
3. Pay 50% of construction cost.
4. Apply for necessary CalTrans encroachment permit.
5. Retains project documents for audit for a period of 3 years
from date of final payment.
B. CalTrans
1. Deposit after completion of construction the lump sum amount
of $4,290.
2. To maintain stairway as constructed.
Benjamin B. Nolan
Public Works Director
JW:rb
Att.
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
WEST COAST HIGHWAY
57 TH ST. TO BALBOA BLVD.
DRAWN Kr. DATE Z 2671A9__
APPROVED
PUBLIC WORKS DIRECTOR
R.E. NO. _
DRAWING NO.
STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90051
Telephone (213) 620 -3210 m;N
October 9, 1979
07- Ora -55 0.2
Newport Beach Channel
Bridge
07207- 910024- 5955055
Mr. Benjamin Nolan
Director of Public Works
3300 Newport Boulevard
Newport Beach, CA 92663
Dear Mr. Nolan:
This is a request for the City to include pedestrian facili-
ties, to be located at the north side of the Newport Beach
channel bridge, in your proposed contract for sidewalks along
the Pacific Coast Highway.
This matter was discussed with Mr. Don Webb of your staff on
September 6, 1979.
A wooden stairway, installed in the early 50s under encroach-
ment permit by Balboa Coves Community Association, was removed
by the State forces. This facility had deteriorated and was
declared unsafe for use by the public.
Several years ago, the City constructed a bike path within
State right -of -way at the Route 1/55 interchange under an
encroachment permit. This path has provided better access for
pedestrians and bicyclists in this area. It appears that the
public is climbing the slope where the stairs had been located
thereby destroying ground cover which has caused erosion
problems for us.
Our proposal is that concrete steps be provided for pedestrians
with the City and State splitting the construction cost. The
State would be responsible for the maintenance of the facility.
1, •
Mr. Benjamin Nolan
-2-
October 9, 1979
I£ this proposal is or is not acceptable, please contact me by
phone and then confirm in writing.
Sincerely,
S
R. F. BLOCKER, P. E.
Chief, Project Development
Branch B
� r
0
CITY OF NEWPORT BEACH
FINANCE DEPARTMENT
TO: City Manager
Agenda No.
December 14, 1981
FROM: Finance Director
SUBJECT: ANNUAL ADOPTION OF THE APPROPRIATION LIMIT
F "-7 -E
DEC. 14 1981
By the CITY COUNCIL
CITY. OF. dEWPORi AVAH
Article XIIIB of the California Constitution (Proposition 4)
specifies that appropriations of governmental entities may increase
annually by an amount not to exceed the change in population, and
the change in the United States Consumer Price Index or California
per capita personal income, whichever is less. However, Article
XIIIB lacks a specific procedure for annually adopting the appropria-
tions limit and a statute of limitations for its challenge.
Senate Bill 1352 adds Revenue and Taxation Code Section 7910
which requires each local government to establish its appropriations
limit by resolution each year at a regularly scheduled meeting or a
noticed special meeting. The resolution submitted for Council
approval fulfills the requirement of SB 1352.
AA r /
beorge ragpa
Finance Dinc or
GP:dp
0
RESOLUTION NO. 1'1 U 9'8
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A COOPERATIVE
AGREEMENT WITH CALTRANS FOR THE CONSTRUCTION
OF A CONCRETE STAIRWAY AT THE NORTHWEST
CORNER OF THE NEWPORT CHANNEL BRIDGE
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Cooperative Agreement with
the State of California, Department of Transportation in a letter
dated October 9, 1979; and
WHEREAS, the Department of Transportation acting on
behalf of the State of California, (hereinafter referred to as
CALTRANS) made to the City of Newport Beach, (hereinafter
referred to as CITY), a unilateral proposal for the construction
of a concrete stairway within the State Highway right -of -way on
the slope between a sidewalk on Route 55 and a bicycle path along
Route 1, and
WHEREAS, CITY was willing and did undertake the
construction of said concrete stairway and incorporated same into
a City contract for sidewalks along Pacific Coast Highway; and
WHEREAS, CITY and CALTRANS subsequently entered into a
contract, a copy of which is attached hereto marked Exhibit "A"
and incorporated herein by reference as though fully set forth at
length, wherein certain terms and conditions were agreed on
between the respective parties; and
WHEREAS, the Department of Transportation for the State
of California, CALTRANS, now wishes to reimburse the City of
Newport Beach, CITY, for its proportionate share of the cost of
C
project completion; and
WHEREAS, the City Council has reviewed said terms and
conditions contained in the agreement referred to above, and
finds that it would be to the best interests of the City of
Newport Beach to enter into this agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the agreement between the City of
Newport Beach and the State of California, Department of
Transportation be and hereby is accepted;
0
BE IT FURTHER RESOLVED that the Mayor and City Clerk be
and hereby are authorized to execute said agreement.
ADOPTED this _ day of DEC 14 '1981.
Mayor
ATTEST:
City Clerk
12/14/81
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