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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 cc: AAS -math ELThomas PublicInfo ✓= ELT : gn l VALLEY '•— = r^ 'U.S MAME Conn,\ ern rernrtx � ° D Ir YILLR /ARK SIB �JJ J/Krlr r ��1 ,tf v,lr. v.nv nD BEACH 4� -- All ORANGE — MESAL. .. r. I .. IRVINE AI ,NEWPORT \..... ° _.. � CM.IPY.M .. Der wnp —. E l m odena: .r,.�. Y... Snores. \A, 5,, ,.. � T \� ..., VICINITY MAP Baboa n4t'My° 01P14 -SS -O, 2 Ocean CONC,PETE •ST,9/1(7141I Y P�PO�ECT �I�PEA Scale: I° = 2 Miles w�iQrr� -47 r � . Lemon KeiRAts Midway TUSTIN clh AYE ST.. ,. P.::, H'u - SANTA ANA y °p � l VALLEY '•— = r^ 'U.S MAME Conn,\ ern rernrtx � A. �JJ J/Krlr r ��1 ,tf NUNTINGTON= BEACH 4� -- COSTA o'° •," ... ,.,, °' !. MESAL. °� •. , I a i D.nc IRVINE AI ,NEWPORT \..... ° BEACH .. Der wnp —. .r,.�. Y... Snores. \A, 5,, ,.. \� ..., VICINITY MAP Baboa acr /r'c 01P14 -SS -O, 2 Ocean CONC,PETE •ST,9/1(7141I Y P�PO�ECT �I�PEA Scale: I° = 2 Miles w�iQrr� -47 l R 3 Q r � s y t 1 r 1 e. �a 7 K / I r � n r � } 3 t.� + e ��" A ER /AL ,oHOTO Scale..) /OD..- a � .. 0 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. � 4z.' i 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. C O >- Ld (f)� O� U) J Z ti as o� o 0 z3 V; i `� Wo ct Q �y h e� .I ,f r' m 4 ►� J 4S W i-- m o oe, i `� Wo ct Q �y h e� .I ,f r' m 4 ►� J 4S r O U O �o- is f s Z O f Q W Et ..�6a (4) (n _j W -q�r a '!J {s /S - U � a fs oass . I I 0 Zr n +DS I 1S nlSS l a j S nr 9S y 1S 65;' L-3 a I�1 x109 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 PR c