HomeMy WebLinkAboutC-2591(A) - Pacific Coast Highway Highway Widening, Newport Boulevard to Highland Street16 40
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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
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