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HomeMy WebLinkAboutC-2635 - Pacific Coast Highway Widening Between Highland Street and Brookhurst StreetCITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659.1768 May 21, 1992 Michael Hull Kato Landscaping, Inc. 18182 Bushard Street Fountain Valley, Calif. Dear Mr. Hull: C As per our meeting /inspection on May 21, 1992 the City of Newport Beach Parks Department now accepts the landscape in- stalled-by Kato Landscape which is on the north side of Pacific Coast Highway near Highland Avenue. Randy Kearns Park Maintenance Supervisor CC: Jack Brooks Horst Hlawaty Bob Martinez 3300 Newport Boulevard, Newport Beach 0 TO: City Council FROM: Public Works Department July 8, 1991 CITY COUNCIL AGENDA ITEM NO. F -3(b) SUBJECT: AMENDMENT TO AGREEMENT WITH CALTRANS FOR PACIFIC COAST HIGHWAY WIDENING BETWEEN HIGHLAND STREET AND BROOKHURST STREET - (C -2635) RECOMMENDATION: Authorize the Mayor and the City Clerk to execute an amendment to the existing agreement between the City and Caltrans to extend the termination date of the agreement. DISCUSSION: On November 14, 1988, the City entered into an agreement with Caltrans to advertise, award and administer the construction • project to widen Coast Highway from Highland Street to Brookhurst Street in Huntington Beach. Said agreement has a termination date on or before August 1, 1991. Caltrans projects that the construction of the Santa Ana River Bridge will not be completed by August 1, 1991, and has requested an extension of time. The amendment to the agreement will extend the termination date from August 1, 1991, to March 31, 1992. All other terms and conditions of the original agreement shall remain in effect. Benjamin B. Nolan Public Works Director HH:so • 9 0 12 -ORA- 1 21.3/22.1 Highland St. to Brookhurst St. 07209 - 023771 DISTRICT AGREEMENT NO. 12 -024 A -1 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT, ENTERED INTO ON /�? , 19 is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CD CITY OF NEWPORT BEACH a body politic and a municipal � corporation of the State of Cn ;Z California, referred to herein as "CITY" District Agreement No. 12 -024 A -1 RECITALS (1) The parties hereto entered into an AGREEMENT (Document No. 6645) on November 14, 1988, said AGREEMENT defining the terms and conditions of a cooperative project to widen and realign Pacific Coast Highway (PCH) , construct new bridge across Santa Ana River and construct new bridge for the realigned Talbert channel, from Highland Street to Brookhurst Street referred to herein as the PROJECT. C® (2) It has been determined that the PROJECT will not be constructed prior to the termination date of said AGREEMENT. IT IS THEREFOR MUTUALLY AGREED (1) That Section III, Article 11 of the original Agreement is amended to read "that this Agreement shall terminate upon completion and acceptance of PROJECT by STATE or on March 31, 1992, or which ever is earlier in time; however, the ownership and maintenance clauses shall remain in effect until terminated, in writing, by mutual agreement ". (2) The other terms and conditions of said AGREEMENT (Document No. 6645) shall remain in full force and effect. 2 District Agreement No. 12 -024 A -1 (3) This AMENDMENT TO AGREEMENT is hereby deemed to be a part of Document No. 6645. STATE OF CALIFORNIA Department of Transportation A. A. Pierce Acting Director of Transportation By Z2Lfe �- Walt H. Hagen, h5.e— Deputy District Director APPROVED AS TO FORM AND PROCEDURE: Attor y Califo nia DepartUnt of Transportation Certified as to funds and procedures District Accounting Administrator 3 n CITY OF NEWPORT BEACH CZ) ) C.7 Y Mayor i�ATTEST;,, TO: FROM: DATE: SUBJECT ✓' 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 FINANCE DIRECTOR CITY CLERK February 16, 1989 Contract No. C -2635 Description of Contract PCH Widening between Highland Street and Brookhurst Street Effective date of Contract November 14, 1988 Authorized by Minute Action, approved on Contract with CALTRANS Address Amount of Contract (See Agreement) "x� C�"q it ?et'et Wanda E. Raggio City Clerk WER:pm Attachment November 14, 1988 3300 Newport Boulevard, Newport Beach r: /;Z-ORA -1 21.3/22.1 Highland St to Brookhurst St YL 07209 - 023771 District Agreement No. 12 -024 THIS AGREEONT, ENTERED INTO-V& between the'STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF NEWPORT BEACH a body politic and a municipal corporation of the State of California, referred to herein. as CITY I i I i 17 i U V u C^! RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code Sections 114 and 130, are authorized to enter into a cooperative agreement for improvements to State Highway within the City of Newport Beach. 2. STATE proposes to widen and realign Pacific Coast Highway (PCH ).from 4 lanes to 6 lanes, construct new bridge across Santa Ana River and construct new bridge for the realigned Talbert Channel,referred to herein as PROJECT. 3. CITY, within the limits from Highland Street to the Santa Ana River desires to include the following additional improvements in conjunction with the STATE's PROJECT. Construct "Entry" sign and associated retaining walls, construct highway lighting and landscape between the sidewalk and soundwall, referred to herein as "BETTERMENT." SECTION I n c0 cD STATE NGREBS: 1. To furnish a Resident Engineer and an engineer to be in responsible charge for the construction of PROJECT. -2- 0 0 { .f 2� To fkd`Vertise open °'and review bid4, anC� #►Ma=d the ,< }� d . Co. pontract for the pZ4jaci . ?? 4 3. Tb- Administer the. construction contrast end makR Progress payments to:the:contractor. To hear all of a construction costs. of the PROJECT. $ To acquire all right -of -way necessary► to constr `the pROfy?ECT excluding 'right - of -rtax referred to is kection II, Article 2. 6. To provide all 6"Oesary permits and appso .a for construction.of, the PROJECT, at'no costs to CITY+ SECTION II CITY AGREESc 1. To bear all costs for.ths construction of.BBTpeENT, including construction °engineering cost,. as shown.on Sstiibit A attached and made a part of,. this Agreement and, as othesyribe provided herein. 2. To a64nlre and provide at no cost to STATg,.all right -of -way necessary to construct the "BNT!;Y' sign and retaining . walls. Any and all right -of -way acquir ed. by CITY for the project will be acquired in accordance with the Uniform Relocation Assistance 'Act (Government Code Sections 7260 et. seq.). -3- s P' r x I x% 1-14 104 #; { I y� 3. To certif y to STATE that the right- of-way jat;noped by CITY or that CITY had Right: of Entry to do work, arding of the con+%act.v: — a1 4. To grant a right of entry at no cost to STATE, for.Ehs5- aoastruction of Seashore Drive cul-4*-sac. f 5. To bear the entire cost of maintaining the soundwalls and retaining walls and shall not allow these walls to be removed as long as the STATE deems the walls are necessary. 6. To deposit with $TATS within 45 days of receipt of. notice from STATE that the construction contract for PROJECT has been advertised (which notice will be forwarded following eT4TX*s bid advertising date) the amount of $177,000, which figure represents the CITY's share of the estimated construction cost and Construction Engineering cost. In no event shall such deposit exceed $190,000 (include 7% overrun), without written approval of CITY. 7. To bear the entire cost of landscaping and maintaining the landscaped areas including installing waterline and the cost of providing the water. 8. To bear the entire coat of installing and maintaining the highway lighting including energy costs. n4- x a _ .. I ,, .. _��. BBCTION III rr IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject>to the appropriation of resources by the Legislature and the allodation of.;eisources by the California Transportat4kon Commission. 2. Nothing.in the provisions of.this Agreement is intended to create duties or obligations to;o rights in third parties not parties t&Ahis Agreement or.affect the legal liability of either; ., . party to the agreement by imposing any standard of care respecting the maintenance,of State highdays different from the standard of care I imposed by law. i 3. It is understood and agreed that neither STATE nor any officer or employee thereof is responsible for.any damage or liability occurring by reasons of anything done.or omitted:to be done by CITY under or in connection with. any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to' Government Code Seetion 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all 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 -5r t� i- � ,.. a :.. .�.. ;is,.. ..�.�,. � _ � :,�?s.�� -,. `+ -_ _> §tea.: ���� _ .*: ._ Mast anything. done or omitted to, be done by the CITY under or in connection tiith . any work, authoritlry',gW jurisdiction delegated to the JCITY under is Agreement. 4. It is understood aad agreed that ;teither CITY nor any officer-or employee thereof i esponsible for any damage or liability occis ;ing by reasons of anything done or omitted to be done by STATE under or`in connection with"- cny work, authority or jisdiction delegated. -to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, 'STATE shall fully defend. indemnify and save harmless the CITY from all claims, suits or actions of every name, Rind and description brht for or on account of injuries to or death of any person or damage to property;resultin#_from anything done or omitted to be done by STATX`dnder or in connection with any work, authority or jurisdiction delegated to the STATE under this Agresment. 5. After opening of bids, CITY's estimate of cost will be revised based on actual bid prices. CITY's required deposit under WZ Section II, Article 7 will be increased or decreased to.match said revised estimate. If deposit increase or decrease is less than $1,000, no refund or'demand for additional deposit will be made until final accounting., -6- I . � �. .. � t�:; i `� •, _ .. .. �. ,. �, � e „:,.. NJ �: ..... I � �5 Y �r .. k.�T f pp . i 1. ', .. - � .. l.. .. 4 s .. .. �� ... ,': .' n. i. . i 'fz�w> .:r,.,.. t .i:. ... /���� � /� � i v ...' .� .. 6. Prior to award of the construction contract for the PROJECTI- STATE may terminate this Agreement by written notice, provideUthat STATE pays CITY for costs incurred by CITY prior to CITY's receipt of said notice. Y. Prior to award of the construction contract for the PROJECTI,.CITY may terminate'this Agreement by written notice, provided that CITY pays STATE fSt,-a11 costs incurred by STATE; including costs for removing BETTERMENT, from STATE's plans and making all necessary corrections.to STATE's plans.. 8. The cost of any engineering or maintenance referred to herein shall include all direct and indirect costs (functional and administrative.overhead assessment) attributable to such work, applied in accordance with STATE's standard accounting procedures. 9. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the � . CL7 parties hereto and no oral understanding or agreement not Cai incorporated herein shall be binding on any of the parties hereto. 10. After award of the construction contract 4for PROJECT, STATE reserves the right to terminate this Agreement upon written notice to CITY. All engineering documents prepared up to the time of termination shall become property of the STATE. -7- 11. That those portions of this. Agreement pertaining to the constjcwtion of PROJECT shall tetminate upon completion and acceptance of the PROJECT construcfiion contract by STATE, with concurrence of CITY, or on August 1, 1991, whichever is earlier in time, unless all parties agree to an extension of time. The ownership, operation and maintenance clause shall remain in effect uatil terminated or modified gWriting by mutual agreement. STATE OF CAIFORNIA Department of Transportation ROBERT K. BEST Director of Transportation District Director APPROVED AS TO FORM AND PROCiDO c�<< Attdr.hey Department of T ansportation CERTIFIED AS TO FUNDS AND PROCEDURE District Account ng Off�cer By \� /LL /� ty clerk •' ;OV:r AS TO FORMs is �:.; E -� r 4 tl !! Y.Y. 4 ��� .�'.'� 7 .�� !� .�..i �. � . � z J � � ` �' �..: ?�. �- :� � � t� i i p�it ' �1� ^ � et�./ } � i ;,; d i '� � f ...,:.�::. ""� � 1� �� '`mil / �% i F, � I � � .ti Sy %� �i � �� 22.1 7-oak-1 726-V­-,4-* 023771 ' Di strict Agreement loo. 12 -024 EXHIBIT A ESTIMATE OF COST Towg , Est. city's State's Description dust Share Share - Construction Coat Signals 0 0 0' Roadwork 160 r 351 $160.351 0 Subtotal 4160,351 $160,351 0 Engineering Cost (Roadwork) Const Engr @ 10 ;. 16,035 16,035 0 (include overhead) Total $176#385' $176086 0 CALL $177,000 $177,000 0 r� !'t'9 G .., 'Rovember 14, 1988 CITY COUNCIL AGENDA rZ) ITEM N0. 'iY CbJZIL Z� 5J CITY �fi NEV -POP,T BEACH NOV 14 1988 TO: CITY COUNCIL — APPROVED FROM: Public Works Department SUBJECT: AGREEMENT WITH CALTRANS FOR PACIFIC COAST HIGHWAY WIDENING BETWEEN HIGHLAND STREET AND BROOKHURST STREET RECOMMENDATION: Approve agreement and authorize Mayor and City Clerk to execute. DISCUSSION: Caltrans will be awarding a construction contract to widen Pacific Coast Highway to 6 -lanes between Highland Street and Brookhurst Street in Huntington Beach. The project includes replacement of the existing bridge across the Santa Ana River. Caltrans will pay the entire cost of the project except for the street lighting system, landscaping of the sound wall along the West Newport Park and a new City entrance sign which will be paid for by the City. Construction is scheduled to begin in early 1989 and will take two years to complete. The project cost is $10 million. The City's share of the estimated cost is $177,000. Funds are available in the current budget for this project. The first phase of the project will be the construction of a portion of the new Santa Ana River bridge southerly of the existing structure. Upon completion of the first phase, traffic will be routed over the new bridge and the existing bridge removed and replaced. The new bridge approach will require the acquisition by Caltrans of approximately 15,000 square feet of the old P.E. railroad right -of -way that the City obtained from Caltrans in 1980. Caltrans is in the process of completing an appraisal of the property and will be making an offer in the near future. The realigned bridge approach also requires that the cul -de -sac on Seashore Drive be relocated westerly. This will require an exchange of property between the City and the County which is being processed. Subject: Agreement with Caltrans for Pacific Coast Highway widening between Highland Street and Brookhurst November 14, 1988 Page 2 The relocated cul -de -sac and the appearance of the entry sign from the Seashore Drive side have been reviewed with the residents of the area and meet with their approval. A summary of the agreement is a follows: State agrees to: 1. Advertise and award a construction contract. 2. Administer the construction contract. 3. Acquire all right -of -way for the project except for the Seashore Drive cul -de -sac relocation. 4. Provide all permits. City agrees to: 1. Bear all costs for street lighting system, landscaping adjacent to sound wall and entry sign. 2. Provide right -of -way for entry sign. 3. Grant a right -of -entry to State for relocation of Seashore Drive cul -de -sac. 4. Maintain the sound wall in West Newport Park and not allow removal without approval of State. 5. Maintain landscaping adjacent to sound wall. 6. Maintain street lighting system. ��/I �-' �Ja Benjamin B. Nolan Public Works Director DS:so