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HomeMy WebLinkAboutC-2591(A) - Pacific Coast Highway Highway Widening, Newport Boulevard to Highland Street16 40 f CITY OF NEWPORT MAQ OFFICE OF THE CITY CLERK (714( 640 -2A 251 T0: FINANCE DIRECTOR Public Works Department FROM: CITY CLERK DATE: July 1, 1986 SUBJECT: Contract No. C -2591 Description of Contract Coast Highway Widening Newport Boulevard to.Westerly of Orange Street (Cooperative Agreement) Effective date of Contract June 27, 1986 Authorized by Minute Action, approved on June 23, 1986 Contract with State of California Address Department of Transportation Amount of Contract (See Agreement) AW4& ` ' Wanda E. Andersen City Clerk WEA:lr attach. r City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 • TO: CITY COUNCIL BY THE Cliff COMIL CITY OF NEWPORT BEACH JUN 23 1986 • June 23, 1986 CITY COUNCIL AGENDA ITEM NO. F -3(d) FROM: Public Works Department: APPROVED SUBJECT: COAST HIGHWAY WIDENING NEWPORT BOULEVARD TO WESTERLY OF ORANGE STREET- - COOPERATIVE AGREEMENT WITH CALTRANS AND ENGINEERING SERVICES AGREEMENT RECOMMENDATION: C - L6 %�iA1 1. Authorize the Mayor and the City Clerk to execute the subject cooperative agreement with CalTrans. C - 2,5_1 W 2. Authorize the Mayor and the City Clerk to execute the subject engineering services agreement with Robert Bein, William Frost and Associates. DISCUSSION: • A project for widening Pacific Coast Highway between Newport Boulevard in Newport Beach and Beach Boulevard in Huntington Beach has been programmed by CalTrans for construction in Fiscal Year 1988 -89. Because of staffing constraints and certain administrative limita- tions, CalTrans requested the local agencies to handle preparation of plans and specifications and administration of construction contracts. On September 23, 1985, the City Council approved in concept the State's request and authorized staff to start negotiation of appropriate procedures and agreements. The subject agreements provide for implementation of the Coast Highway improvements in Newport Beach from Newport Boulevard to westerly of Orange Street. Under separate agreement with CalTrans, the County of Orange will ad- minister design and construction of the new Santa Ana River Bridge and its con- nection to the Coast Highway widening improvements in Huntington Beach and Newport Beach. The proposed bridge and highway improvements will provide for three lanes of traffic in each direction; bike lanes in each direction; new curb, gutter and sidewalk on the inland side of the highway; a raised landscaped median; drainage improvements; signal modifications; and sound wall improvements. • The cooperative agreement with CalTrans provides for the City to ad- minister preparation of the plans and specifications for the highway improve- ments between Newport Boulevard and westerly of Orange Street, with funding by CalTrans. Attached is a summary of the terms of the agreement. V (),0/ June 23, 1986 Subject: Coast Highway Widening Cooperative Agreement Page 2 • In accordance with the proposed cooperative agreement and with the approval of CalTrans, the City requested qualification from six consulting firms interested in preparing the plans and specifications for the project. A commit- tee of City and CalTrans staff then reviewed the qualifications and requested a proposal from the engineering firm of Robert Bein, William Frost and Associates of Newport Beach. CalTrans, City and consultant staff then negotiated terms of the engineering services agreement. In general, the scope of services to be provided for in the agreement is as follows: A. B. C. D. E. F. G. H. I. J. K. • L. M. N. 0. P. Research, investigation and review of existing improvements. Geometric design plans. Field surveys and aerial topography. Soils, geotechnical and pavement investigation. Utility research and notification. Right -of -way investigation and legal description. Sound wall design. Drainage system design. Traffic signal and street lighting design. Signing, striping and detour plans. Landscaping design. Coordination and meetings with adjacent property owners. Roadway improvement plans. Contract specifications. Contract cost estimate. Coordination and meetings with CalTrans, Orange County and City of Huntington Beach staff. Under terms of the agreement, fees are to be at standard hourly rates on a time and materials basis for an amount not to exceed $425,390. The agreement also provides that no work may begin until the agreement has been exe- cuted, State funding has been provided in the 1986 -87 State budget, and a notice to proceed with the work has been received from the City. Funds in the amount of $392,490 are provided for in the subject State cooperative agreement. City funds in the amount of $32,900 will be required to prepare the landscape and street lighting plans not eligible for State funding and are available in the City's budgeted Gas Tax Account. The plans and specifications are scheduled to be completed in twelve months after the notice to proceed is issued to the consultant. Construction is •tentativuled for the 1988/89 fiscal year. 0-- ZZ JQ - Benjamin B. Nolan Public Works Director JSW:jd Att. is • • EA • SUMMARY OF COOPERATIVE AGREEMENT WITH CALTRANS A. CalTrans agrees: 1. To provide direction and coordination necessary to ensure that required State and Federal procedures are followed. 2. To provide prompt reviews, approvals and cooperation in pro- cessing the plans and specifications. 3. To provide 100% of the cost of professional services necessary to prepare plans and specifications. 4. To provide 100% of City's cost for work on the project for all non - salary expenses and actual and direct labor costs plus fringe benefits and overhead. 5. To provide necessary encroachment permits and rights of entry for design. 6. To obtain, in cooperation with City, all necessary permits and approvals for construction of the project. 7. To provide all right -of -way functions related to the project. 8. To complete and provide the certified environmental document needed to construct the project. B. City agrees: 1. To administer preparation of the plans and specifications for the project. 2. To obtain State's approval prior to requesting qualifications and proposals from consultant firms. 3. To obtain State's approval of consultant selection process and State's approval of any contract with a consultant before said contract is executed by the City. a 4. To furnish State with written monthly progress report e 5. To bear th6 entire cost of preparing plans, constructing and maintaining the landscaping desired by the City. 6. To coordinate and prepare plans necessary to inform utility companies of necessary relocations to any interfering utili- ties. 7. That plans and specifications for the project be prepared by or under the direction of architects or engineers registered and licensed in the applicable professional field in the State of California. M Page 2 Summary of Cooperative Agreement with CalTrans B. That City and consultant shall be available during construc- tion of the project to interpret plans and specifications and to review and recommend approval of change orders, shop plans, false work design or other working drawings. 9. That if errors or omissions are discovered in the plans or specifications prepared by the City, the City and its con- sultant shall make all necessary corrections. 10. To submit signed, itemized invoices for all work to the State in triplicate. 11. To retain project documents and make them available for review and audit by State and Federal representatives for four years following completion of the project. C. It is mutually agreed as follows: 1. All obligations of State are contingent upon appropriation of funds by legislature and allocation by Transportation Commission. • 2. The total amount payable by the State to the City will not exceed $500,000. 3. Upon completion of all work under this agreement, ownership and title to all documents will be automatically vested in the State. A. Pursuant to Government Code 895.4, the State shall, to the extent permitted by law, defend, indemnify and save harmless the City, and its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from City's performance of this agreement, excluding any injuries, death, damage or liability resulting from the negligence or willful misconduct of the City, or its officers or employees. 5. No alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the par- ties hereto and no oral understanding or agreement not incor- porated herein shall be binding on any of the parties hereto. • 6. State reserves the right to terminate this agreement upon written notice to City. At the time of termination, the City will be paid for acceptable work accomplished and delivered, and for costs related to termination of any consultant contracts. 7. This agreement shall terminate upon final acceptance of construction of the project by the State, or on December 31, 1989, whichever is earlier in time, unless all parties agree to an extension of time. 7 -Ora -1 19.8/21.3 In Newport Beach from Newport Boulevard to Orange Street 07210 - 499850 7- Ora -55 00.3 At Route 1 Signal and Modify Ramps 07210 - 023070 District Agreement No. 3727 THIS AGREEMENT, ENTERED INTO ON Lh tc% c 19K4 is between the STATE OF CALIFORNIA, acting byZWd through its Department of Transportation, referred to herein as STATE, and CITY OF NEWPORT BEACH, a political subdivision of the State of California, referred to herein as LOCAL AGENCY. RECITALS 0 (I) STATE is prepared to authorize LOCAL AGENCY to assist in the design of improvements to State Highway Route 1 and Route 55 in Orange County, referred to herein as "PROJECT ". (2) LOCAL AGENCY desires to prepare plans, specifications, and estimates (PS &E) for PROJECT in order to bring about the earliest possible construction of PROJECT, which will relieve congestion on a main city thoroughfare. (3) STATE and LOCAL AGENCY do mutually desire to cooperate in the design of PROJECT and desire to specify herein the terms and conditions under which the PROJECT is to be designed. SECTION I STATE AGREES: (1) To provide LOCAL AGENCY with necessary regulations, policies, procedures, manuals, standard plans and specifications, and other standards required for the preparation of PS &E for PROJECT. (2) To provide examples of Requests for Qualifications and Requests for Proposals including the scope of work for LOCAL AGENCY use in procuring consultant assistance, to advise LOCAL AGENCY on consultant procurement procedures, and to participate in consultant selection, if LOCAL AGENCY elects to retain one or more consultants to carry out the terms of this Agreement. (3) To work with LOCAL AGENCY to assure that required State and Federal procedures are followed and approvals obtained. (4) To provide prompt reviews and approvals as appropriate of submittals by LOCAL AGENCY, and to cooperate in timely processing of PS &E. (5) To deposit with LOCAL AGENCY within 45 days of execution of this Agreement, 25% of the estimated costs for any work on PROJECT by LOCAL AGENCY forces and to reimburse LOCAL AGENCY within 45 days after receipt of billing, for all non - salary expenses, and actual and direct labor costs plus fringe benefits and overhead. Any STATE funds remaining with LOCAL AGENCY shall be returned to STATE within 45 days after completion and acceptance of construction of PROJECT. (6) To deposit with LOCAL AGENCY within 45 days of execution of any consultant contract, 25% of the estimated cost of such contract, and to reimburse LOCAL AGENCY within 45 days after receipt of billing, any LOCAL AGENCY payments made to consultant. Any STATE funds remaining with LOCAL AGENCY shall be returned to STATE within 45 days after termination of consultant contract. RI (7) If during the course of the STUDY, the advance deposits provided for under sections (5) and (6) above, are found to be substantially under the amount which is required to cover the estimated final cost of the work, a deposit of additional funds will be made. If the deposit is substantially over that required, the excess should be refunded as soon as possible. (8) To provide necessary encroachment permits, and all rights of entry and permits to enter related to PROJECT including but not limited to those required for design investigations and surveys. (9) To obtain, in cooperation with LOCAL AGENCY, necessary permits and approvals for construction of PROJECT, at no cost to LOCAL AGENCY. In the event that railroads are involved, STATE will coordinate with railroad and California Public Utilities Commission and obtain needed approvals. (10) To provide all right -of -way related information and services required for PROJECT including but not limited to coordination with and notice to utility companies to relocate. SECTION II LOCAL AGENCY AGREES: (1) Acting as agent of STATE, to prepare PS &E for said PROJECT with LOCAL AGENCY and /or consultant forces. The PS &E are to be prepared in accordance with STATE's laws, rules, regulations, policies, procedures, manuals, standard plans and specifications, and other standards including compliance with Federal Highway Administration (FHWA) requirements, as provided by STATE in accordance with Section I, Article 1 of this Agreement. Said PS &E are to be subject to ongoing review and formal draft and final review and approval by STATE and FHWA. The LOCAL AGENCY and /or its consultants shall not incorporate in the design any materials or equipment of single or sole source origin without the written approval of the STATE. (2) To obtain STATE'S approval of any Requests for Qualifications and Requests for Proposals prior to distribution for any work to be performed by consultant; to obtain STATE'S approval as to proposed selection processes for any consultant, of the actual consultant selected if any, and of any contract with a consultant for this PROJECT, before said contract is executed by LOCAL AGENCY. (3) To furnish STATE with written monthly progress reports during the period when the PS &E are being prepared. (4) To prepare PS &E in a format that will allow for use of LOCAL AGENCY Automatic Pay System (LAAPS) as specified in Caltrans Local Programs Manual, Volume II. • • (5) If any landscaping or continuous lighting is desired by LOCAL AGENCY that is within LOCAL AGENCY's jurisdiction, the LOCAL AGENCY will bear the entire cost including preparing PS &E, construction, and maintenance. (6) The final design documents and drawings of architectural, structural, mechanical, electrical, civil, or other engineering features of the PROJECT shall be prepared by or under the direction of architects or engineers registered and licensed in the applicable professional field in the State of California. Any reports, the specifications, and each sheet of plans shall bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the professional engineer responsible for their preparation. (7) The LOCAL AGENCY and its consultants shall be available during construction of the PROJECT to interpret the PS &E, and review and recommend approval of change orders, required shop plans, falsework designs, and other working drawings. (8) If, during the course of construction, errors or omissions are discovered in any of the plans, specifications, or estimates which the LOCAL AGENCY or its consultants have provided pursuant to this Agreement, the LOCAL AGENCY and its consultants shall make all necessary corrections and furnish the corrected product to STATE, within a reasonable time to be specified by STATE. (9) LOCAL AGENCY will submit signed itemized invoices, in triplicate, with specific details of all costs incurred during the period of the invoice. Invoices will meet format and content requirements specified by STATE. Each invoice shall be submitted to the State Project Manager for approval and forwarding to the appropriate Accounting Office for payment. (10) To retain PROJECT documents and records pertaining to costs and invoices of LOCAL AGENCY and its consultants for a period of 4 years following completion, acceptance, and final payment for services provided under this agreement, and to make said records available for review and audit by STATE and Federal representatives. SECTION III IT IS MUTUALLY AGREED: (1) All obligations of STATE under the terms of this Agreement are contingent upon the appropriation of resources by the Legislature. (2) The total cost reimbursements payable by STATE to LOCAL AGENCY under this Agreement will not exceed b 5o0,000 , and will be subject to audit verification as to all elements of costs and fees charged. The total may be increased by amendment to this agreement. • ! (3) Actual cost reimbursement, direct and indirect, shall be in conformance with procedures set forth in the Cost Principles and Procedures, Chapter 1, Part 31, CFR 48. The STATE will reimburse actual project costs of the LOCAL AGENCY that are in accordance with an approved cost allocation plan under Office of Management and Budgets Circular A -87. (4) That STATE shall designate a State Project Manager and that LOCAL AGENCY shall designate a representative through whom all communications between the two agencies shall be channeled. The State Project Manager shall review the work of LOCAL AGENCY and its consultants, if any, and to obtain approvals as necessary during performance of PROJECT work. (5) STATE and LOCAL AGENCY shall establish, prior to commencing work on PROJECT, a proposed time schedule to deliver the PS &E in a timely fashion to allow advertising of a construction contract within the programmed fiscal year. (6) Upon completion of all work under this Agreement, ownership and title to all engineering reports, documents, plans, specifications, and estimates including project engineer memos and estimates backups produced as part of this PROJECT will automatically be vested in the STATE and no further agreement will be necessary to transfer ownership to the STATE. LOCAL AGENCY will furnish STATE all necessary copies of plans, specifications, and estimates to complete review and approval process, and upon completion of PS &E will transfer all PROJECT documents to STATE. (7) It is understood and agreed that pursuant to Government Code 895.4, STATE shall, to the extent permitted by law, defend, indemnify and save harmless.the LOCAL AGENCY , and its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from LOCAL AGENCY's performance of this agreement, excluding any injuries, death, damage or liability resulting from the negligence or willful misconduct of the LOCAL AGENCY, or its officers or employees. (8) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. (9) STATE reserves the right to notice to LOCAL AGENCY. At be paid for acceptable work related to termination of a documents, including raw da estimates, prepared up to t property of the STATE. terminate this Agreement upon written the time of termination, LOCAL AGENCY will accomplished and delivered, and for costs ny consultant contracts. All engineering to and draft plans, specifications, and he time of termination shall become (10) This Agreement shall terminate upon final acceptance of construction of the PROJECT by STATE, or on December 31, 1989, whichever is earlier in time, unless all parties agree to an extension of time. STATE OF CALIFORNIA Department of Transportation LEO J. TROMBATORE Director of Transportation By DOVA10e, &i;%�& DONALD L. WATSON District Director CIT F NEWPORT BEACH . tjqraw-w Mayor ATTEST: City Cler APPROVED AS TO FORM AND APPROVED AS TO FORM: PROCEDU r A ney ity Attorn y Dekkment of Trans rtation f