HomeMy WebLinkAboutC-3724(A) - Cooperative Agreement No. 12-521; Jamboree Road Widening over SR-7312- ORA -73 -PM 24.8
Bridge Widening at Jamboree Road
12208- OA9701
District Agreement No. 12 -562 A -I
AMENDMENT No. 1 TO AGREEMENT
THI AMENDMENT No. 1 TO AGREEMENT, ENTERED INTO EFFECTIVE ON
�j jt� '5 2010, is between the STATE OF CALIFORNIA, acting by
and through its Department of Transportation, referred to herein as "STATE ", and the
CITY OF NEWPORT BEACH, a body politic and a municipal
corporation (chartered city) of the State of California, referred to herein
as "CITY ".
RECITALS
1. CITY intends to widen the westerly side of the Jamboree Road Bridge on State Route 73
at Jamboree Road, referred to herein as "PROJECT ".
2. It has been determined that PROJECT will not be completed prior to the termination date of
said AGREEMENT.
IT IS THEREFORE MUTUALLY AGREED:
1. The termination date specified in Section III, Article 27 of the original Agreement shall
now be December 31, 2013 instead of December 31, 2010.
2. All other terms and conditions of said AGREEMENT No. 12 -562 shall remain in full
force and effect.
3. This Amendment is hereby deemed to be a part of Agreement No. 12 -562.
STATE OF CALIFORNIA
DEPARTMENT OF
TRANSPORTATION
CINDY McKIM
Director of Transportation
By: Aay.liM... !!�
):rr Frank Lin
Acting Deputy District Director
CERTIF AS TO FUNDS:
f �
y. G v
Neda Saber
District Budget Manager
CITY OF NEWPORT BEACH
By:
Keith D. Curry
MAYOR
APPROVED AS TO FORM:
DaL%i i R. Hunt
ATTORNEY a,L`
APPROVED:
By:
Gi
L'I .I
B
ei an . rown
CITY CLERK
CITY OF NEWPORT BEACH MINUTE EXCERPT
CITY COUNCIL MEETING OF OCTOBER 12, 2010
ROLL CALL
Present: Selich, Rosansky, Henn, Mayor Curry, Webb, Gardner, Daigle
Absent: None
NIL CONSENT CALENDAR
10. JAMBOREE ROAD WIDENING OVER STATE ROUTE 73 (C -3724) - APPROVAL OF
AMENDMENT NO. i TO THE CONSTRUCTION COOPERATIVE AGREEMENT
WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS).
Motion by Mayor Pro Tem Henn, seconded by Council Member Webb to
approve and execute Amendment No. 1 to extend the term of the Agreement No. 12 -562 with
California Department of Transportation (Caltrans) for improvements to Jamboree Road
over State Route 73.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
Absent: None
A TRUE AND CORRECT COPY
o� m�City Clerk of the City of Newport Beach
a.
' 4u�ah�r
DATE: l0 o7$ -C .0 /0
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Ibo 1401 U
CRY OF NEWPORr BEACH
OCT m
D D D ��D'�;
i
Agenda Item No. 10
October 12, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Andy Tran, Senior Civil Engineer
949 -644 -3315 or atran @newportbeachca.gov
SUBJECT: JAMBOREE ROAD WIDENING OVER STATE ROUTE 73�(C -3724)
APPROVAL OF AMENDMENT NO. 1 TO THE CONSTRUCTION
COOPERATIVE AGREEMENT WITH CALIFORNIA DEPARTMENT OF
TRANSPORTATION
ISSUE
The existing Construction Cooperative Agreement No. 12 -562 ( "Agreement') with
California Department of Transportation ( "Caltrans ") for the Jamboree Road Widening
Over State Route 73 Project ( "Project') will expire on December 31, 2010. This Project
is still in progress, therefore, an amendment is needed to extend the term of the
Agreement.
RECOMMENDATION
Approve and execute Amendment No. 1 to extend the term of Agreement No. 12 -562
with California Department of Transportation for improvements to Jamboree Road over
State Route 73.
DISCUSSION
The City is proposing to widen the west side of Jamboree Road from Bayview Way to
MacArthur Boulevard. The existing bridge over State Route (SR) 73 currently has a
total of eight travel lanes. The improvements include widening the bridge deck on the
west side to provide an additional thru travel lane in each direction, resulting in 10 lanes
total. No improvements are proposed to SR 73. Environmental clearance and final
engineering have been completed. City staff is currently working with Caltrans to obtain
an encroachment permit for construction. Staff is also in the process of acquiring the
necessary right -of -way on the west side to accommodate the widening of Jamboree
Road.
The City and Caltrans entered into a cooperative agreement (Agreement No. 12 -562)
on July 28, 2009 for the above referenced project. This Agreement covers the
Uzi
Jamboree Widening Over SR 73 — Ame .a. 1 to Coop Agreement No. 12 -562
October 12, 2010
Page 2
construction phase of the project and will expire on December 31, 2010. In order to
proceed with this project, Caltrans requires an amendment to this Agreement.
Amendment No. 1 will extend the term of the Agreement to December 31, 2013. Upon
approval by the City Council, Amendment No. 1 will be forwarded to Caltrans for their
approval.
ENVIRONMENTAL REVIEW
Cooperative Agreements are administrative in nature and are not subject to CEQA
requirements.
PUBLIC NOTICE
(Not applicable)
FUNDING AVAILABILITY
(Not applicable)
Prepared by:
Andy Tra .
Senior Civil Engineer
Submitted by:
Attachments: Project Location Map
Amendment No. 1 to Agreement No. 12 -562
G. Badum
orks Director
L
PROJECT LOCATION
JAMBOREE RD. BRIDGE WIDENING
LOCATION MAP
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
N.T.S.I x OF xxl
TJM I C -3724 I R- XXXX -S �
71
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Bridge Widening at Jamboree Road
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District Agreement No. 12 -562 A -1
AMENDMENT No. I TO AGREEMENT
THIS AMENDMENT No. 1 TO AGREEMENT, ENTERED INTO EFFECTIVE ON
, 2010, is between the STATE OF CALIFORNIA, acting by
and through its Department of Transportation, referred to herein as "STATE ", and the
CITY OF NEWPORT BEACH, a body politic and a municipal
corporation (chartered city) of the State of California, referred to herein
as "CITY ".
RECITALS
1. CITY intends to widen the westerly side of the Jamboree Road Bridge on State Route 73
at Jamboree Road, referred to herein as "PROJECT ".
2. It has been determined that PROJECT will not be completed prior to the termination date of
said AGREEMENT.
IT IS THEREFORE MUTUALLY AGREED:
1'. The termination date specified in Section I1I, Article 27 of the original Agreement shall
now be December 31, 2013 instead of December 31, 2010.
2. All other terms and conditions of said AGREEMENT No. 12 -562 shall .remain in full
force and effect.
3. This Amendment is hereby deemed to be a part of Agreement No. 12 -562.
STATE OF CALIFORNIA
DEPARTMENT OF
TRANSPORTATION
CINDY MCKIM
Director of Transportation
Frank Lin
Acting Deputy District Director
CERTIFIED AS TO FUNDS:
m
Neda Saber
District Budget Manager
CITY OF NEWPORT BEACH
m
Keith D. Curry
MAYOR
APPROVED AS TO FORM:
�I /��
.�
APPROVED:
0
Leilani I. Brown
CITY CLERK
to
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Bridge Widening at Jamboree Road
12208- OA9700
District Agreement No. 12 -521 A -1
AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT, ENTERED INTO EFFECTIVE ON
Q 2009, is between the STATE OF CALIFORNIA, acting by and through
its Department of Tra ortafion, referred to herein as "STATE ", and the
CITY OF NEWPORT BEACH, a body politic and a municipal
corporation of the State of California, referred to herein as "CITY ".
RECITALS
The parties hereto entered into an Agreement No. 12 -521 on February 10, 2006, said
Agreement defining the terms and conditions of a project to widen the westerly side of
the Jamboree Road Bridge on Route SR -73 at Jamboree Road, referred to herein as
'PROJECT'.
2. PROJECT was not completed prior to the termination date as stated in AGREEMENT.
IT IS THEREFORE MUTUALLY AGREED:
1. The termination date specified in Section III, Article 19 of the original Agreement shall
now be December 31, 2012 instead of December 30, 2009.
2. All other terms and conditions of said Agreement No. 12 -521 shall remain in full force
and effect.
3. This Amendment is hereby deemed to be a part of Agreement No. 12 -521.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
RANDY H. IWASAKI
Director of Transportation
m
District Director
CERTIFIED AS TO FUNDS:
District Budg Manager
CITY OF NEWPORT BEACH
la
City of Newport Beach
F1 } � zzel *j �i R7:T% i j I*) :, , i7
By:
/ATTORNEY
City of Newpor each
By:
CITY CLERK
City of Newport Beach A
C�
DATE: I I I -30/oq
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 14
November 24, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Andy Tran, P.E.
949 - 644 -3315 or atran @city.newport- beach.ca.us
SUBJECT: JAMBOREE ROAD WIDENING OVER SR 73 (C -3724) —APPROVAL OF
AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT WITH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION
RECOMMENDATION:
Approve Amendment No. 1 to the Cooperative Agreement between the City of Newport
Beach (City) and the California Department of Transportation (Caltrans) to extend the
agreement term for the Jamboree Road Widening over State Route 73 (SR 73) project.
DISCUSSION:
The City is proposing to widen the west side of Jamboree Road from Bayview Way to
MacArthur Boulevard. The existing bridge over SR 73 currently has a total of eight
travel lanes. The improvements include widening the bridge deck on the west side to
provide an additional thru travel lane in each direction, resulting in 10 lanes total. No
improvements are proposed to SR 73. Environmental clearance and final engineering
have been completed. City staff is currently working with Caltrans to obtain an
encroachment permit for construction. Staff is also in the process of acquiring the
necessary right -of -way on the west side to accommodate the widening of Jamboree
Road.
The City and Caltrans entered into a cooperative agreement (District Agreement No.
12 -521) on February 10, 2006 for the above referenced project. This agreement covers
the preliminary engineering and design phase of the project and will expire on
December 30, 2009. In order to proceed with this project, Caltrans requires an
amendment to this agreement. Amendment No. 1 will extend the term of the
agreement to December 31, 2012. Upon approval by the City Council, Amendment No.
1 will be forwarded to Caltrans for their approval.
Jamboree Road Widening Over SR 73 —
Environmental Review:
This agreementlis not considered project under CEQA.
Prepared by:
Andy Tran, P.E.
Senior Civil Engineer
Attachment: Copy of Amendment No. 1
,nd No.1 to Design Coop Agreement
November 24, 2009
Page 2
Submitted by:
is Works Director
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Bridge Widening at Jamboree Road
1220 &OA9700
District Agreement No. 12 -521 A -1
AMENDMENT NO. I TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT, ENTERED .INTO EFFECTIVE ON
, 2009, is between the STATE OF CALIFORNIA, acting by and through
its Department of Transportation, referred to herein as "STATE ", and the
CITY OF NEWPORT BEACH, a body politic and a municipal
corporation of the State of California, referred to herein as "CITY
RECITALS
The parties hereto entered into an Agreement No.. 12 -521 on February 10, 2006, said
Agreement defining the terms and conditions of a project to widen the westerly side of
the Jamboree Road Bridge on Route SR -73 at Jamboree Road, referred to herein as
"PROJECT ".
2. PROJECT was not completed prior to the termination date as stated in AGREEMENT.
IT IS THEREFORE MUTUALLY AGREED:
1. The termination date specified in Section 111, Article 19 of the original Agreement. shall
now be December 31, 2012 instead of December 30, 2009.
2. All other terms and conditions of said Agreement No. 12 -521 shall remain in full force
and effect.
3. This Amendment is hereby deemed to be a part of Agreement No. 12 -521.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
RANDY H. IWASAKI
Director of Transportation
By:
JIM BEIL
Deputy District Director
CERTIFIED AS TO FUNDS:
District Budget Manager
CITY OF NEWPORT BEACH
LN
MAYOR
City of Newport Beach
By:
ATTO E
City of Newport Beach
APROVED:
By:
CITY CLERK
City of Newport Beach
DATE:
CITY OF NEWPORT BEACH MINUTE EXCERPT
CITY COUNCIL MEETING OF NOVEMBER 24, 2009
ROLL CALL
Present: Henn, Rosansky, Mayor Pro Tem Curry, Mayor Selich, Webb, Gardner, Daigle,
Absent: None
XI. CONSENT CALENDAR
14. JAMBOREE ROAD WIDENING OVER SR -73 (C -3724) - APPROVAL OF THE
AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION.
Motion by Mayor Pro Tem Curry to 1) approve Amendment No. 1 to Cooperative Agreement
between the City of Newport Beach (City) and the California Department of Transportation
(Caltrans) to extend the agreement term for the Jamboree Road Widening.
The motion carried by the following roll call vote:
Ayes: Henn, Rosansky, Mayor Pro Tem Curry, Mayor Selich, Webb, Gardner,
Daigle,
Absent: None
CERTIFIED AS A TRUE AND CORRECT COPY
lhy
0 4�EVVPp�4 @fie
C1 Clerk of the City of Newport Beach
DATE: V
12- ORA -SR -73 PM 24.8
Bridge widening at
Jamboree Road
12208- OA9700
District Agreement No. 12 -521
COOPERATIVE AGREEMENT
This AGREEMENT, ENTERED INTO EFFECTIVE ON p , 2006, is between the
STATE OF CALIFORNIA, acting by and through its Department of Transrportation, 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 ".
District Agreement No. 12 -521
RECITALS
1. STATE and CITY, pursuant to Streets and Highways Code section 130, are authorized to
enter into a Cooperative Agreement for improvements to State highways within the City of
Newport Beach, County of Orange.
2. CITY desires State highway improvements consisting of widening the westerly side of the
Jamboree Road Bridge on Route SR -73 at Jamboree Road, referred to herein as "PROJECT',
and is willing to fund one hundred percent (100 %) of all capital outlay and staffing costs,
except for costs of STATE's quality assurance of environmental, design and right of way ac-
tivities.
3. STATE's funds will not be used to finance any of the capital and support costs for PROJECT.
4. This Agreement supersedes any prior Memorandum of Understanding (MOU) relating to
PROJECT.
5. This Agreement will define the California Environmental Quality Act (CEQA) lead agency,
CEQA responsible agency, and the roles and responsibilities of the CEQA lead agency and
CEQA responsible agency regarding environmental documents, studies and reports and
compliance with CEQA.
6. Construction of PROJECT will be the subject of a separate future Agreement.
The parties hereto intend to define herein the terms and conditions under which PROJECT is
to be developed, designed, and financed.
SECTION I
CITY AGREES:
1. To fund one hundred percent (100 %) of all preliminary and design engineering costs,
including, but not limited to, costs incurred for the preparation of contract documents,
advertising for bids, and for awarding the construction contract for PROJECT.
2. To have a combined Project Study Report/Project Report (PSR/PR), including all necessary
environmental documentation (ED), and detailed Plans, Specifications, and Estimate (PS &E)
prepared, at no cost to STATE, and to submit each to STATE for STATE's review and
concurrence at appropriate stages of development. The PSR/PR, and the final plans and
specifications for PROJECT shall be signed by a Civil Engineer registered in the State of
California.
3. To permit STATE to monitor and participate in the selection of personnel who will prepare
the PSR/PR, conduct environmental studies and obtain approval for PROJECT, prepare the
PS &E, and provide the right of way engineering services, and to permit STATE to oversee
the performance of right of way activities. CITY agrees to consider any request by STATE to
discontinue the services of any personnel considered by STATE to be unqualified on the
basis of credentials, professional expertise, failure to perform in accordance with the scope of
work and/or other pertinent criteria.
District Agreement No. 12 -521
4. Personnel who prepare the PS &E and right of way maps shall be made available to STATE,
at no cost to STATE, through completion of construction of PROJECT to discuss problems,
which may arise during construction and/or to make design revisions for contract change
orders.
5. To not use funds from STATE for any capital and support costs for PROJECT.
6. To make written application to STATE for necessary encroachment permits authorizing entry
of CITY onto the State highway right of way to perform surveying and other investigative
activities required for preparation of the PSR/PR, ED, and/or PS &E.
7. To identify and locate all utility facilities within the area of PROJECT as part of the design
responsibility for PROJECT. All utility facilities not relocated or removed in advance of
construction shall be identified on the PS &E for PROJECT.
8. To identify and locate all high and low risk underground facilities within the area of
PROJECT and to protect or otherwise provide for such facilities, all in accordance with
STATE's "Manual on High and Low Risk Underground Facilities Within Highway Rights of
Way ". CITY hereby acknowledges receipt of STATE's "Manual on High and Low Risk
Underground Facilities Within Highway Rights of Way ".
9. If any existing public and/or private utility facilities conflict with the construction of
PROJECT or violate STATE's encroachment policy, CITY shall make all necessary
arrangements with the owners of such facilities for their protection, relocation, or removal in
accordance with STATE's policy and procedure for those facilities located within the limits
of work included in the improvement to the State highway and in accordance with CITY's
policy for those facilities which are or will be located outside of the limits of the State
highway. The total costs to PROJECT of such protection, relocation, or removal within the
present or future State highway right of way shall be determined in accordance with STATE's
policies and procedures.
10. To furnish evidence to STATE, in a form acceptable to STATE, that arrangements have been
made for the protection, relocation, or removal of all conflicting facilities within the State
highway right of way and that such work will be completed prior to the award of the contract
to construct PROJECT or as covered in the PS &E for said contract. This evidence shall
include a reference to all required State highway encroachment permits.
11. CITY shall require any utility owner and/or its contractor performing the protection or
relocation work within the State highway right of way to obtain an encroachment permit from
STATE prior to the performance of said work.
12. To acquire and furnish all right of way, if any, outside of the existing State highway right of
way and to perform all right of way activities, including all eminent domain activities, if
necessary, at no cost to STATE, and in accordance with procedures acceptable to STATE.
These activities shall comply with all applicable State and Federal laws and regulations, sub-
ject to STATE's quality assurance to insure that the completed work is acceptable for
incorporation into the State highway right of way.
13. To utilize the services of a qualified public agency or a qualified consultant, as determined by
STATE's District Division Chief of Right of Way, in all matters related to the acquisition of
District Agreement No. 12 -521
right of way in accordance with STATE's procedures as published in STATE's current Right
of Way Manual. Whenever personnel other than personnel of a qualified public agency are
utilized, administration of the personnel contract shall be performed by a qualified Right of
Way person employed or retained by CITY.
14. To certify legal and physical control of right of way ready for construction and that all right
of way parcels were acquired in accordance with applicable State and Federal laws and
regulations, subject to review and concurrence by STATE prior to the advertisement for bids
for the contract to construct PROJECT.
15. To deliver to STATE legal title to the right of way, including access rights, free and
clear of all encumbrances detrimental to STATE's present and future uses not later
than the date of acceptance by STATE of maintenance and operation of the highway
facility. Acceptance of said title by STATE is subject to a review of a Policy of Title
Insurance in the name of the State of California to be provided and paid for by CITY.
16. To be responsible, at CITY's expense, for the investigation of potential hazardous material
sites within and outside of the existing State highway right of way that would impact
PROJECT as part of the responsibility for the ED for PROJECT. If CITY encounters
hazardous material or contamination within the existing State highway right of way during
said investigation, CITY shall immediately notify STATE and responsible control agencies of
such discovery.
17. If CITY desires to have STATE advertise, award, and administer the construction
contract for PROJECT, CITY shall provide STATE a complete set of electronically
signed plans (with the Engineer's electronic signature and seal) and submit all plans
on a CD ROM (Microstation Agn file, version 5.0 or later up through version 7 and
plot files (I files using Bentley Iplot plotting software)). All plans must be in
compliance with the STATE's current CADD Users Manual and Plans Preparation
Manual. STATE reserves the right to make modifications to the plans and the STATE
shall provide to the consultant advance notice of any such modifications.
Reimbursement to STATE for costs incurred by STATE to advertise, award, and administer
the construction contract for PROJECT will be covered in the separate Cooperative
Agreement referred to in Article 12 of Section III of this Agreement.
18. To obtain, at CITY's expense, all necessary permits and/or agreements from appropriate
regulatory agencies. All mitigation, monitoring, and/or remedial action required by said
permits shall constitute parts of the cost of PROJECT.
19. All aerial photography and photogrammetric mapping shall conform to STATE's
latest standards.
20. A copy of all original survey documents resulting from surveys performed for
PROJECT, including original field notes, adjustment calculations, final results, and
appropriate intermediate documents, shall be delivered to STATE and shall become
property of STATE. For aerial mapping, survey documents to be furnished are three
sets of contract prints, with one set showing control, a complete photo index - two
prints and a copy of the negative, and the original aerial photography negative.
District Agreement No. 12 -521
21. STATE's quality assurance activities referred to in Article I of Section H of this
Agreement does not include performance of any engineering services required for
PROJECT. These services are to be performed by CITY. If CITY requests STATE
to perform any of these services, CITY shall reimburse STATE for such services. An
Amendment to this Agreement authorizing STATE's performance of such services
will be required prior to performance of any engineering work by STATE.
22. CITY shall provide electronic "As- builts" within thirty (30) days of completion and
acceptance of the construction contract for PROJECT in the format stated above in Article 17
of this Section I.
23. To provide, at no cost to STATE, survey and mapping services necessary to perpetuate
existing land net and alignment monumentation in accordance with Sections 8771 and 8765
of the Business and Professions Code; and to permanently monument the location of all
roadway alignments, realignments, and right of way acquisitions. All of the above are to be
shown on a Record of Survey filed with the County Surveyor. CITY shall deliver one copy
of any field notes, filed Corner Records, and the Record of Survey required for execution of
the above obligation, to STATE's District 12 Survey Branch.
24. That all surveying and mapping work affecting the STATE Right of Way in the PROJECT
area shall be in accordance with the instructions and procedures contained in the Caltrans
District 12 R/W Engineering Requirements for the Preparation of Documents and Maps (the
"Requirements "), published by Caltrans, District 12, R/W Engineering (D12 RWE), which by
this reference is incorporated into this document and made a part hereof. A copy of the
"Requirements" can be obtained from the Chief of D12 RWE. Work shall not be considered
complete until the Chief of D12 RWE has approved the work for inclusion into D12 RWE
files.
25. To have all necessary Right of Way Maps and Documents used to acquire right of way by
CITY, prepared by or under the direction of a person auAorized to practice land surveying in
the State of California. Each Right of Way Map and Document shall bear the appropriate
professional seal, certificate number, expiration date of registration certification and signature
of the licensed person in "Responsible Charge of Work ".
26. To submit to STATE for review and acceptance all Right of Way Engineering Hard Copies
and Right of Way Appraisal Maps with appurtenant back -up and reference data prior to
preparation of legal descriptions and acquisition documents.
27. Personnel who prepare right of way maps, documents, and related materials shall be made
available to STATE, at no cost to STATE, during and after construction of PROJECT until
completion and acceptance by STATE of Right of Way Record Maps and Records of
Surveys.
SECTION II
STATE AGREES:
District Agreement No. 12 -521
At no cost to CITY, to provide quality assurance activities of all work on PROJECT done by
CITY, including, but not limited to, investigation of potential hazardous material sites and all
right of way activities undertaken by CITY or its designee, to provide prompt reviews and ap-
provals, as appropriate, of submittals by CITY, and to cooperate, in timely processing of
PROJECT.
2. Upon proper application by CITY, to issue, at no cost to CITY, an encroachment permit(s) to
CITY authorizing entry onto the State highway right of way to perform survey and other
investigative activities required for preparation of the PSR/PR, ED, and/or PS &E. If CITY
uses consultants rather than its own staff to perform required work, the consultants will also
be required to obtain a separate encroachment permit. These permits will be issued at no cost
upon proper application by the consultants.
SECTION III
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 in the annual State Budget Act to STATE for the purposes of
fulfilling STATE's obligations herein.
2. CITY will be the CEQA lead agency and STATE will be a CEQA responsible agency. CITY
will perform all studies necessary to document and support the CEQA Categorical Exempt
(CE). STATE's review, comment, and concurrence on the technical studies is required. If
during preliminary engineering, preparation of the PS &E, or PROJECT construction, new
information is obtained which requires the preparation of CEQA ED, this Agreement will be
amended to include completion of these additional tasks by CITY.
3. All phases of PROJECT, from inception through construction, whether done by CITY or
STATE, will be developed in accordance with all policies, procedures, practices, and
standards that STATE would normally follow and in compliance with laws, regulations,
executive orders, and permit requirements.
4. Detailed steps in the project delivery process are attached to this Scope of Work. These
Attachments are intended as a guide to STATE's and CITY's staff.
5. All administrative reports, studies, materials, documentation , including, but not limited to, all
administrative drafts and administrative finals of the CEQA CE Determination, relied upon,
produced, created or utilized for PROJECT will be held in confidence pursuant to
Government Code section 6254.5(e) . The parties agree that said material will not be
distributed, released or shared with any other organization, person or group other than the
parties' employees and agents whose work requires that access without the prior written
approval of the party with the authority to authorize said release except as required or
authorized by statute or to the terms of this Agreement.
District Agreement No. 12 -521
6. The parties hereto will carry out PROJECT in accordance with the Scope of Work, attached
and made a part of the Agreement, which outlines the specific responsibilities of the parties
hereto. The attached Scope of Work may be modified in writing in the future to reflect
changes in the responsibilities of the respective parties. Such modifications shall be concurred
with by CITY's Director of Public Works or other official designated by CITY and STATE's
District Director for District 12 and become a part of this Agreement after execution of the
amending document by the respective officials of the parties.
The basic design features (as defined in Attachment 3 of the Scope of Work for PROJECT)
shall comply with those addressed in the approved PSR/PR, unless modified as required for
environmental clearance and/or Federal Highway Administration ( "FHWA ") approval of
PROJECT.
8. The design, right of way acquisition, and preparation of environmental documents for
PROJECT shall be performed in accordance with STATE's standards and practices current as
of the date of performance. Any exceptions to applicable design standards shall fast be
approved by STATE via the processes outlined in STATE's Highway Design Manual and
appropriate memorandums and design bulletins published by STATE. In the event that
STATE proposes and /or requires a change in design standards, implementation of new or
revised design standards shall be done as part of the work on PROJECT in accordance with
STATE's current Highway Design Manual Section 82.5, "Effective Date for Implementing
Revisions to Design Standards ". STATE shall consult with CITY in a timely manner
regarding effect of proposed and/or required changes on PROJECT.
Any hazardous material or contamination of an HM -1 category found within the existing
State highway right of way during investigative studies requiring remedy or remedial action,
as defined in Division 20, Chapter 6.8 et seq. of the Health and Safety Code, shall be the
responsibility of STATE. Any hazardous material or contamination of a HM -1 category
found within the local road right of way during investigative studies requiring the same
defined remedy or remedial action shall be the responsibility of CITY. For the purpose of this
Agreement, hazardous material or contamination of HM -I category is defined as that level or
type of contamination which State or Federal regulatory control agencies having jurisdiction
have determined must be remediated by reason of its mere discovery, regardless of whether it
is disturbed by PROJECT or not. STATE shall sign the HM -1 manifest and pay all costs for
required remedy or remedial action within the existing State highway right of way, and CITY
shall sign the HM -1 manifest and pay all costs for required remedy or remedial action within
the local road right of way. If STATE determines, in its sole judgment, that costs for cleanup
within the existing State highway right of way .and/or within the local road right of way are
increased as a result of CITY's decision to proceed with PROJECT, these additional costs
identified by STATE shall be deemed a part of the costs of PROJECT and CITY shall pay
these costs.
10. The remedy or remedial action with respect to any hazardous material or contamination of an
11M -2 category found within the existing State highway right of way and/or within local road
right of way during investigative studies shall be the responsibility of CITY, at CITY's
expense, if CITY decides to proceed with PROJECT. For the purposes of this Agreement,
hazardous material or contamination of HM -2 category is defined as that level or type of
contamination which said regulatory control agencies would have allowed to remain in place
if undisturbed or otherwise protected in place should PROJECT not proceed. CITY shall sign
any HM -2 manifest if PROJECT proceeds and HM -2 material must be removed in lieu of
being treated in place. If CITY decides to not proceed with PROJECT, there will be no
District Agreement No. 12 -521
obligation to either CITY or STATE other than CITY's duty to cover and protect HM -2
material left in place.
11. If hazardous material or contamination of either HM -1 or HM -2 category is found on new
right of way acquired by CITY for PROJECT, CITY, as between CITY and STATE only,
shall perform, or cause to be performed, all required cleanup and/or protection at CITY's
expense and shall guarantee STATE that said new right of way is clean prior to transfer of
title to STATE. The generator of the hazardous material or, if none can be identified or found,
the present property owner, whether a private entity or a local public agency, or CITY, as a
last resort, shall sign the manifest. STATE will exert every effort to fund the remedy or
remedial action for which STATE is responsible. In the event STATE is unable to provide
funding, CITY will have the option to either delay PROJECT until STATE is able to provide
funding or CITY may proceed with the remedy or remedial action at CTi Y's expense without
any subsequent reimbursement by STATE.
12. Locations subject to remedy or remedial action and/or protection include utility relocation
work required for PROJECT. Costs for remedy and remedial action and/or protection shall
include, but not be limited to, the identification, treatment, protection, removal, packaging,
transportation, storage, and disposal of such material.
13. The party responsible for funding any hazardous material cleanup shall be responsible for the
development of the necessary remedy and/or remedial action plans and designs. Remedial
actions proposed by CITY on the Stale highway right of way shall be pre- approved by State
and shall be performed in accordance with STATE's standards and practices and those
standards mandated by the Federal and State regulatory agencies.
14. A separate Cooperative Agreement will be required to cover responsibilities and funding for
the construction phase of PROJECT.
15. Nothing in the provisions of this Agreement is intended to create duties or obligations to, or
rights in third parties not parties to this Agreement, or to affect the legal liability of either
party to the Agreement by imposing any standard of care with respect to the development,
design, construction, operation or maintenance of State highways and public facilities
different from the standard of care imposed by law.
16. Neither STATE nor any officer or employee thereof is responsible for any damage or liability
occurring by reason 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 section 895.4, CITY shall fully
defend, indemnify and save harmless STATE and all its officers and employees from all
claims, suits or actions of every name, kind and description brought for or on account of
injury (as defined in Government Code section 810.8) occurring by reason 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.
17. Neither CITY nor any officer or employee thereof is responsible for any damage or liability
occurring by reason of anything done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction 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 CITY and all its officers and
employees from all claims, suits or actions of every name, kind and description brought for or
on account of injury (as defined in Government Code section 810.8) occurring by reason of
18.
19.
District Agreement No. 12 -521
anything done or omitted to be done by STATE under or in connection with any work,
authority or jurisdiction delegated to STATE under this Agreement.
This Agreement may be terminated or provisions contained herein may be altered, changed,
or amended by mutual consent of the parties hereto.
Except as otherwise provided in Article 15 above, this Agreement shall terminate upon
completion and acceptance of the construction contract for PROJECT, or on December 30,
2009, whichever is earlier in time.
STATE OF CALIFORNIA
Department of Transportation
WILL KEMPTON
Director of Transnc
BELL
,ty District Director
xt Delivery
APPROVED AS TO FORM
AND PROCEDURE:
By: ` —
tto ey,
Department of Transportation
CERTIFIED AS TO FINANCIAL
TERMS CONDITIONS:
By:
\G` Accounting Administr r
AS TO FUNDS:
0
District Agreement No. 12 -521
CITY OF NEWPORT BEACH
Mayor
^� \� B�
City Clerk
APPROVED AS TO FORM:
By: Z4 G'` ---- C `
Attorney,
City City of Newport Beach
District Agreement No. 12 -521
SCOPE OF WORK
This Scope of Work outlines the specific areas of responsibility for various project devel-
opment activities for the proposed Widening of existing overcrossing of Route SR -73 at
Jamboree Road.
1. CITY and STATE concur that the proposal is a Category 4B as defined in STATE's Project
Development Procedures Manual.
2. CITY will submit drafts of environmental technical reports and individual sections of the
draft environmental documents to STATE, as they are developed, for review and comment.
Traffic counts and projections to be used in the various reports shall be supplied by STATE if
available, or by CITY. Existing traffic data shall be furnished by CITY.
3. STATE will review, monitor, and approve all project development reports, studies, and plans,
and provide all necessary implementation activities up to but not including advertising of
PROJECT.
4. The existing freeway agreement need not be revised.
,.�
District Agreement No. 12 -521
ATTACHMENT 1
PLANNING PHASE ACTIVITIES
2. PROJECT GEOMETRICS DEVELOPMENT
RESPONSIBILITY
Prepare Existing Traffic Analysis
STATE
LOCAL
X
Prepare Project Geometries and Profiles
AGENCY
PROJECT ACTIVITY
X
Prepare Operational Analysis for Alternatives
1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION
Provide Quality Assurance
X
Establish Project Development Team (PDT)
X
X
Approve PDT
X
Project Category Determination
X
Prepare Preliminary Environmental Assessment
X
Provide Quality Assurance
X
Provide Quality Control
X
Identify Preliminary Alternatives and Costs
X
Prepare and Submit Environmental Studies and Reports
X
Approve Environmental Studies and Reports
X
Prepare and Submit Draft Environmental Document (DED)
X
Review DED in District
X
Prepare final Environmental Document
X
2. PROJECT GEOMETRICS DEVELOPMENT
Prepare Existing Traffic Analysis
X
Prepare Future Traffic Volumes for Alternatives
X
Prepare Project Geometries and Profiles
X
Prepare Layouts and Estimates for Alternatives
X
Prepare Operational Analysis for Alternatives
X
Provide Quality Assurance
X
Provide Quality Control
X
Approve Project Geometries and Operational Analysis
X
3. PROJECT APPROVAL
Lead Agency for Environment Compliance Certifies ED in Accordance X X
with its Procedures
Prepare Draft Project Report (DPR) X
Finalize and Submit Project Report with Certified ED for Approval X
Provide Quality Assurance X
Provide Quality Control X
Approve Project Report X
2. ENGINEERING STUDIES AND REPORTS
Provide Quality Assurance
District Agreement No.
12 -521
ATTACHMENT
x
DESIGN PHASE ACTIVITIES
X
Approve Materials Report & Typical Section
RESPONSIBILITY
STATE
LOCAL
x
Approve Landscaping Recommendation
AGENCY
PROJECT ACTIVITY
Prepare & Submit Hydraulic Design Studies
1. PRELIMINARY COORDINATION
Approve Hydraulic Design Studies
X
Request I - Phase EA
g
Provide Quality Assurance
g
X
Provide Quality Control
g
Field Review of Site
X
X
Provide Geometries
g
Approve Geometrics
g
Obtain Surveys & Aerial Mapping
x
Obtain Copies of Assessor Maps and Other R/W Maps
X
Obtain Copies of As- Builts
g
Send Approved Geometrics to Local Agencies for Review
X
Revise Approved Geometrics if Required
x
Approve Final Geometrics
X
Determine Need for Permits from Other Agencies
X
X
Request Permits
g
Initial Hydraulics Discussion with District Staff
g
Initial Electrical Design Discussion with District Staff
X
Initial Traffic & Signing Discussion with District Staff
x
Initial Landscape Design-Discussion with District Staff
g
Plan Sheet Format Discussion
X
X
2. ENGINEERING STUDIES AND REPORTS
Provide Quality Assurance
X
Provide Quality Control
x
Prepare & Submit Materials Report & Typical Section
X
Approve Materials Report & Typical Section
X
Prepare & Submit Landscaping Recommendation
x
Approve Landscaping Recommendation
x
Prepare & Submit Hydraulic Design Studies
X
Approve Hydraulic Design Studies
X
Prepare & Submit Bridge General Plan & Structure Type Selection
X
Approve Bridge General Plan & Structure Type Selection
X
District Agreement No. 12 -521
RESPONSIBILITY
STATE
LOCAL
AGENCY
PROJECT ACTIVITY
3. R/W ACQUISITION & UTILITIES
(Used when qualifie d Local Agency is performing R/W activities.)
Provide Quality Assurance
X
Provide Quality Control
X
Request Utility Verification
X
Request Preliminary Utility Relocation Plans from Utilities
X
Prepare R/W Requirements
X
Prepare R/W and Utility Relocation Cost Estimates
X
Submit R/W Requirements & Utility Relocation Plans for Review
X
Review and Comment on R/W Requirements
X
Longitudinal Encroachment Review
X
Longitudinal Encroachment Application to District
X
Approve Longitudinal Encroachment Application
X
Request Final Utility Relocation Plans
X
Check Utility Relocation Plans
X
Submit Utility Relocation Plans for Approval
X
Approve Utility Relocation Plans
X
Submit Final R/W Requirements for Approval
X
Fence and Excess Land Review
X
R/W Layout Review
X
Approve R/W Requirements
X
Obtain Title Reports
X
Complete Appraisals
X
Review and Approve Appraisals for Setting Just Compensation
X
Prepare Acquisition Documents
X
Acquire R/W
X
Open escrows and Make Payments
X
Obtain Resolution of Necessity
X
Perform Eminent Domain Proceedings
X
Provide Displacee Relocation Services
X
Prepare Relocation Payment Valuations
X
Provide Displacee Relocation. Payments
X
Perform Property Management Activities
X
Perform R/W Clearance Activities
X
Prepare and Submit Certification of R/W
X
Review and Approve Certification of R/W
X
Transfer R/W to STATE
X
Approve & Record Title Transfer Documents
X
Prepare R/W Record Maps
X
District Agreement No. 12 -521
RESPONSIBILITY
STATE LOCAL
AGENCY
PROJECT ACTIVITY
4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES
Provide Quality Assurance X
Provide Quality Control X
Prepare and Submit Preliminary Stage Construction Plans X
Approve Preliminary Stage Construction Plans X
Calculate and Plot Geometries X
Cross - Sections & Earthwork Quantities Calculation X
Local Review of Preliminary Drainage Plans and Sanitary Sewer and
X
Adjustment Details
Prepare & Submit Preliminary Drainage Plans
X
Approve Preliminary Drainage Plans
X
Prepare Traffic Striping and Roadside Delineation Plans & Submit for
X
Approval
Approve Traffic Striping and Roadside Delineation Plans
X
Prepare & Submit Landscaping and/or Erosion Control Plans
X
Approve Landscaping and/or Erosion Control Plans
X
Prepare & Submit Preliminary Electrical Plans
X
Approve Preliminary Electrical Plans
X
Prepare & Submit Preliminary Signing Plans
X
Approve Preliminary Signing Plans
X
Quantity Calculations
X
Safety Review
X
X
Prepare Specifications
X
Prepare & Submit Checked Structure Plans
X
Approve Checked Structure Plans
X
Prepare Final Contract Plans
X
Prepare Lane Closure Requirements
X
Approve Lane Closure Requirements
X
Prepare & Submit Striping Plan
X
Approve Striping Plan
X
Prepare Final Estimate
X
Prepare & Submit Draft PS &E
X
Approve Draft PS &E
X
Finalize & Submit PS &E to District
X
District Agreement No. 12 -521
ATTACHMENT 3
DEFINITIONS
Basic Design Features and a general description of the facility:
o Widening Jamboree overcrossing to provide one additional northbound lane and one additional
southbound lane.
® Design speed of SR -73 at project location is 110 kph and design speed of Jamboree Road at
project location is 80 kph.
G SR -73 has 3 lanes in each direction. Jamboree Road has 3 Southbound and 2 northbound lanes
and it is propsed to add one lane to each direction.
C Proposed Jamboree Road Overerossing will have 3.6 meter through lanes and 1.2 meter
shoulders.
CITY OF NEWPORT BEACH MINUTE EXCERPT
CITY COUNCIL MEETING OF JANUARY 24, 2006
ROLL CALL
Present: Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb
Absent: None
O
JAMBOREE ROAD WIDENING OVER SR -73 - APPROVAL OF A
COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION. Approve the Cooperative Agreement between the City of
Newport Beach and the California Department of Transportation (Caltrans) for
preliminary and final design tasks for the Jamboree Road Widening over State
Route 73 (SR 73).
The motion carried by the following roll call vote:
Ayes: Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb
Noes: None
Abstain: None
Absent: None
CERTIFIED AS A TRUE AND CORRECT COPY
City Clerk of the ity of /Newport Beach
DATE:
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
January 24, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
e'v rxr c, v PGR ( co�MiL '-EACH
CRY OF NF W --
FROM: Public Works Department E--�— William Patapoff, P.E. a 4
949 - 644 -3311
bpatapoff @city.newport- beach.ca.us AF
SUBJECT: JAMBOREE ROAD WIDENING OVER SR -73 - APPROVAL OF A
COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT
OF TRANSPORTATION
RECOMMENDATION:
Approve the Cooperative Agreemenf between the City of Newport Beach and the
California Department of Transportation (Caltrans) for preliminary and final design tasks
for the Jamboree Road Widening over State Route 73 (SR 73).
DISCUSSION:
The City is proposing to construct improvements to the Jamboree Road bridge over
State Route 73. Currently, this bridge has four travel lanes in each direction. The
improvements include widening the bridge deck on the west side to provide an
additional travel lane in each direction, resulting in 10 lanes total, and constructing a
new column and two abutments. No improvements are proposed to the freeway
facilities. This estimated $5.4 million construction project is proposed to be funded with
Measure M and local dollars. Preliminary reports and engineering work are currently
underway and final design should start shortly. Right of way acquisition on both north
and south of the west side of the bridge is also needed for the project. Construction is
proposed to begin in FY 2007 -08 and will take one year to complete.
In order to proceed with the project, Caltrans requires a Cooperative Agreement with
the City indicating that the City will be responsible for all costs to develop, design and
finance the project. Caltrans will provide quality assurance activities for all stages of the
project. Additionally, a future agreement with Caltrans will be needed to address
construction of the project. While the City is the lead agency for CEQA, Caltrans will
review all activities associated with the CEQA process. Upon approval by the City
Council, the Cooperative Agreement will be forwarded to Caltrans for its approval so
that final design can proceed on the Jamboree Widening project.
Jamboree Road — Approval of a Coo; ive Agreement with the California Department of Tt ,ortation
January 24, 2006
Page 2
Environmental Review:
Per the California Environmental Quality Act (CEQA) Implementing Guidelines, an
environmental review and the appropriate documentation will be prepared after the
scope of construction work has been finalized.
Prepared by:
Attachment: Cooperative Agreement
Submitted by:
e en G. Badum
Public Works Director
12- ORA -SR -73 PM 24.8
Bridge widening at
Jamboree Road
12208- OA9700
District Agreement No. 12 -521
COOPERATIVE AGREEMENT
This AGREEMENT, ENTERED INTO EFFECTIVE ON , 2006, is 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 ".
District Agreement No. 12 -521
RECITALS
1. STATE and CITY, pursuant to Streets and Highways Code section 130, are authorized to
enter into a Cooperative Agreement for improvements to State highways within the City of
Newport Beach, County of Orange.
2. CITY desires State highway improvements consisting of widening the westerly side of the
Jamboree Road Bridge on Route SR -73 at Jamboree Road, referred to herein as "PROJECT ",
and is willing to fund one hundred percent (100 %) of all capital outlay and staffing costs,
except for costs of STATE's quality assurance of environmental, design and right of way ac-
tivities.
3. STATE's funds will not be used to finance any of the capital and support costs for PROJECT.
4. This Agreement supersedes any prior Memorandum of Understanding (MOU) relating to
PROJECT.
5. This Agreement will define the California Environmental Quality Act (CEQA) lead agency,
CEQA responsible agency, and the roles and responsibilities of the CEQA lead agency and
CEQA responsible agency regarding environmental documents, studies and reports and
compliance with CEQA.
6. Construction of PROJECT will be the subject of a separate future Agreement. .
7. The parties hereto intend to define herein the terms and conditions under which PROJECT is
to be developed, designed, and financed.
SECTION I
CITY AGREES:
To fund one hundred percent (100 %) of all preliminary and design engineering costs,
including, but not limited to, costs incurred for the preparation of contract documents,
advertising for bids, and for awarding the construction contract for PROJECT.
2. To have a combined Project Study Report/Project Report (PSR/PR), including all necessary
environmental documentation (ED), and detailed Plans, Specifications, and Estimate (PS &E)
prepared, at no cost to STATE, and to submit each to STATE for STATE's review and
concurrence at appropriate stages of development. The PSR/PR, and the final plans and
specifications for PROJECT shall be signed by a Civil Engineer registered in the State of
California.
To permit STATE to monitor and participate in the selection of personnel who will prepare
the PSR/PR, conduct environmental studies and obtain approval for PROJECT, prepare the
PS &E, and provide the right of way engineering services, and to permit STATE to oversee
the performance of right of way activities. CITY agrees to consider any request by STATE to
discontinue the services of any personnel considered by STATE to be unqualified on the
basis of credentials, professional expertise, failure to perform in accordance with the scope of
work and/or other pertinent criteria.
District Agreement No. 12 -521
4. Personnel who prepare the PS &E and right of way maps shall be made available to STATE,
at no cost to STATE, through completion of construction of PROJECT to discuss problems,
which may arise during construction and/or to make design revisions for contract change
orders.
5. To not use funds from STATE for any capital and support costs for PROJECT.
6. To make written application to STATE for necessary encroachment permits authorizing entry
of CITY onto the State highway right of way to perform surveying and other investigative
activities required for preparation of the PSR/PR, ED, and /or PS &E.
7. To identify and locate all utility facilities within the area of PROJECT as part of the design
responsibility for PROJECT. All utility facilities not relocated or removed in advance of
construction shall be identified on the PS &E for PROJECT.
8. To identify and locate all high and low risk underground facilities within the area of
PROJECT and to protect or otherwise provide for such facilities, all in accordance with
STATE's "Manual on High and Low Risk Underground Facilities Within Highway Rights of
Way ". CITY hereby acknowledges receipt of STATE's "Manual on High and Low Risk
Underground Facilities Within Highway Rights of Way".
9. If any existing public and/or private utility facilities conflict with the construction of
PROJECT or violate STATE's encroachment policy, CITY shall make all necessary
arrangements with the owners of such facilities for their protection, relocation, or removal in
accordance with STATE's policy and procedure for those facilities located within the limits
of work included in the improvement to the State highway and in accordance with CITY'S
policy for those facilities which are or will be located outside of the limits of the State
highway. The total costs to PROJECT of such protection, relocation, or removal within the
present or future State highway right of way shall be determined in accordance with STATE's
policies and procedures.
10. To furnish evidence to STATE, in a form acceptable to STATE, that arrangements have been
made for the protection, relocation, or removal of all conflicting facilities within the State
highway right of way and that such work will be completed prior to the award of the contract
to construct PROJECT or as covered in the PS &E for said contract. This evidence shall
include a reference to all required State highway encroachment permits.
11. CITY shall require any utility owner and/or its contractor performing the protection or
relocation work within the State highway right of way to obtain an encroachment permit from
STATE prior to the performance of said work.
12. To acquire and furnish all right of way, if any, outside of the existing State highway right of
way and to perform all right of way activities, including all eminent domain activities, if
necessary, at no cost to STATE, and in accordance with procedures acceptable to STATE.
These activities shall comply with all applicable State and Federal laws and regulations, sub-
ject to STATE's quality assurance to insure that the completed work is acceptable for
incorporation into the State highway right of way.
13. To utilize the services of a qualified public agency or a qualified consultant, as determined by
STATE's District Division Chief of Right of Way, in all matters related to the acquisition of
District Agreement No. 12 -521
right of way in accordance with STATE's procedures as published in STATE's current Right
of Way Manual. Whenever personnel other than personnel of a qualified public agency are
utilized, administration of the personnel contract shall be performed by a qualified Right of
Way person employed or retained by CITY.
14. To certify legal and physical control of right of way ready for construction and that all right
of way parcels were acquired in accordance with applicable State and Federal laws and
regulations, subject to review and concurrence by STATE prior to the advertisement for bids
for the contract to construct PROJECT.
0. To deliver to STATE legal title to the right of way, including access rights, free and
clear of all encumbrances detrimental to STATE's present and future uses not later
than the date of acceptance by STATE of maintenance and operation of the highway
facility. Acceptance of said title by STATE is subject to a review of a Policy of Title
Insurance in the name of the State of California to be provided and paid for by CITY.
16. To be responsible, at CITY's expense, for the investigation of potential hazardous material
sites within and outside of the existing State highway right of way that would impact
PROJECT as part of the responsibility for the ED for PROJECT. If CITY encounters
hazardous material or contamination within the existing State highway right of way during
said investigation, CITY shall immediately notify STATE and responsible control agencies of
such discovery.
17. If CITY desires to have STATE advertise, award, and administer the construction
contract for PROJECT, CITY shall provide STATE a complete set of electronically
signed plans (with the Engineer's electronic signature and seal) and submit all plans
on a CD ROM (Microstation Agn file, version 5.0 or later up through version 7 and
plot files (I files using Bentley Iplot plotting software)). All plans must be in
compliance with the STATE's current CADD Users Manual and Plans Preparation
Manual. STATE reserves the right to make modifications to the plans and the STATE
shall provide to the consultant advance notice of any such modifications.
Reimbursement to STATE for costs incurred by STATE to advertise, award, and administer
the construction contract for PROJECT will be covered in the separate Cooperative
Agreement referred to in Article 12 of Section III of this Agreement.
18. To obtain, at CITY's expense, all necessary permits and/or agreements from appropriate
regulatory agencies. All mitigation, monitoring, and/or remedial action required by said
permits shall constitute parts of the cost of PROJECT.
19. All aerial photography and photogrammetric mapping shall conform to STATE's
latest standards.
20. A copy of all original survey documents resulting from surveys performed for
PROJECT, including original field notes, adjustment calculations, final results, and
appropriate intermediate documents, shall be delivered to STATE and shall become
property of STATE. For aerial mapping, survey documents to be furnished are three
sets of contract prints, with one set showing control, a complete photo index - two
prints and a copy of the negative, and the original aerial photography negative.
r
District Agreement No. 12 -521
21. STATE's quality assurance activities referred to in Article I of Section H of this
Agreement does not include performance of any engineering services required for
PROJECT. These services are to be performed by CITY. If CITY requests STATE
to perform any of these services, CITY shall reimburse STATE for such services. An
Amendment to this Agreement authorizing STATE's performance of such services
will be required prior to performance of any engineering work by STATE.
22. CITY shall provide electronic "As- builts" within thirty (30) days of completion and
acceptance of the construction contract for PROJECT in the format stated above in Article 17
of this Section I.
23. To provide, at no cost to STATE, survey and mapping services necessary to perpetuate
existing land net and alignment monumentation in accordance with Sections 8771 and 8765
of the Business and Professions Code; and to permanently monument the location of all
roadway, alignments, realignments, and right of way acquisitions. All of the above are to be
shown on a Record of Survey filed with the County Surveyor. CITY shall deliver one copy
of any field notes, filed Comer Records, and the Record of Survey required for execution of
the above obligation, to STATE's District 12 Survey Branch.
24. That all surveying and mapping work affecting the STATE Right of Way in the PROJECT
area shall be in accordance with the instructions and procedures contained in the Caltrans
District 12 R/W Engineering Requirements for the Preparation of Documents and Maps (the
"Requirements "), published by Caltrans, District 12, R/W Engineering (D12 RWE), which by
this reference is incorporated into this document and made a part hereof. A copy of the
"Requirements" can be obtained from the Chief of D12 RWE. Work shall not be considered
complete until the Chief of D12 RWE has approved the work for inclusion into D12 RWE
files.
25. To have all necessary Right of Way Maps and Documents used to acquire right of way by
CITY, prepared by or under the direction of a person authorized to practice land surveying in
the State of California. Each Right of Way Map and Document shall bear the appropriate
professional seal, certificate number, expiration date of registration certification and signature
of the licensed person in 'Responsible Charge of Work ".
26. To submit to STATE for review and acceptance all Right of Way Engineering Hard Copies
and Right of Way Appraisal Maps with appurtenant back -up and reference data prior to
preparation of legal descriptions and acquisition documents.
27. Personnel who prepare right of way maps, documents, and related materials shall be made
available to STATE, at no cost to STATE, during and after construction of PROJECT until
completion and acceptance by STATE of Right of Way Record Maps and Records of
Surveys.
SECTION It
STATE AGREES:
District Agreement No. 12 -521
At no cost to CITY, to provide quality assurance activities of all work on PROJECT done by
CITY, including, but not limited to, investigation of potential hazardous material sites and all
right of way activities undertaken by CITY or its designee, to provide prompt reviews and ap-
provals, as appropriate, of submittals by CITY, and to cooperate in timely processing of
PROJECT.
2. Upon proper application by CITY, to issue, at no cost to CITY, an encroachment permit(s) to
CITY authorizing entry onto the State highway right of way to perform survey and other
investigative activities required for preparation of the PSR/PR, ED, and/or PS &E. If CITY
uses consultants rather than its own staff to perform required work, the consultants will also
be required to obtain a separate encroachment permit. These permits will be issued at no cost
upon proper application by the consultants.
SECTION III
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 in the annual State Budget Act to STATE for the purposes of
fulfilling STATE's obligations herein.
2. CITY will be the CEQA lead agency and STATE will be a CEQA responsible agency. CITY
will perform all studies necessary to document and support the CEQA Categorical Exempt
(CE). STATE's review, comment, and concurrence on the technical studies is required. If
during preliminary engineering, preparation of the PS &E, or PROJECT construction, new
information is obtained which requires the preparation of CEQA ED, this Agreement will be
amended to include completion of these additional tasks by CITY.
3. All phases of PROJECT, from inception through construction, whether done by CITY or
STATE, will be developed in accordance with all policies, procedures, practices, and
standards that STATE would normally follow and in compliance with laws, regulations,
executive orders, and permit requirements.
4. Detailed steps in the project delivery process are attached to this Scope of Work. These
Attachments are intended as a guide to STATE's and CITY's staff.
5. All administrative reports, studies, materials, documentation , including, but not limited to, all
administrative drafts and administrative finals of the CEQA CE Determination, relied upon,
produced, created or utilized for PROJECT will be held in confidence pursuant to
Government Code section 6254.5(e) . The parties agree that said material will not be
distributed, released or shared with any other organization, person or group other than the
parties' employees and agents whose work requires that access without the prior written
approval of the party with the authority to authorize said release except as required or
authorized by statute or to the terms of this Agreement.
District Agreement No. 12 -521
6. The parties hereto will carry out PROJECT in accordance with the Scope of Work, attached
and made a part of the Agreement, which outlines the specific responsibilities of the parties
hereto. The attached Scope of Work may be modified in writing in the future to reflect
changes in the responsibilities of the respective parties. Such modifications shall be concurred
with by CITY's Director of Public Works or other official designated by CITY and STATE's
District Director for District 12 and become a part of this Agreement after execution of the
amending document by the respective officials of the parties.
7. The basic design features (as defined in Attachment 3 of the Scope of Work for PROJECT)
shall comply with those addressed in the approved PSR/PR, unless modified as required for
environmental clearance and/or Federal Highway Administration ( "FHWA ") approval of
PROJECT.
8. The design, right of way acquisition, and preparation of environmental documents for
PROJECT shall be performed in accordance with STATE's standards and practices current as
of the date of performance. Any exceptions to applicable design standards shall first be
approved by STATE via the processes outlined in STATE's Highway Design Manual and
appropriate memorandums and design bulletins published by STATE. In the event that
STATE proposes and /or requires a change in design standards, implementation of new or
revised design standards shall be done as part of the work on PROJECT in accordance with
STATE's current Highway Design Manual Section 82.5, "Effective Date for Implementing
Revisions to Design Standards ". STATE shall consult with CITY in a timely manner
regarding effect of proposed and/or required changes on PROJECT.
Any hazardous material or contamination of an HM -1 category found within the existing
State highway right of way during investigative studies requiring remedy or remedial action,
as defined in Division 20, Chapter 6.8 et seq. of the Health and Safety Code, shall be the
responsibility of STATE. Any hazardous material or contamination of a HM -1 category
found within the local road right of way during investigative studies requiring the same
defined remedy or remedial action shall be the responsibility of CITY. For the purpose of this
Agreement, hazardous material or contamination of HM -1 category is defined as that level or
type of contamination which State or Federal regulatory control agencies having jurisdiction
have determined must be remediated by reason of its mere discovery, regardless of whether it
is disturbed by PROJECT or not. STATE shall sign the HM -1 manifest and pay all costs for
required remedy or remedial action within the existing State highway right of way, and CITY
shall sign the HM -1 manifest and pay all costs for required remedy or remedial action within
the local road right of way. If STATE determines, in its sole judgment, that costs for cleanup
within the existing State highway right of way.and/or within the local road right of way are
increased as a result of CITY's decision to proceed with PROJECT, these additional costs
identified by STATE shall be deemed a part of the costs of PROJECT and CITY shall pay
these costs.
10. The remedy or remedial action with respect to any hazardous material or contamination of an
HM -2 category found within the existing State highway right of way and/or within local road
right of way during investigative studies shall be the responsibility of CITY, at CITY's
expense, if CITY decides to proceed with PROJECT. For the purposes of this Agreement,
hazardous material or contamination of HM -2 category is defined as that level or type of
contamination which said regulatory control agencies would have allowed to remain in place
if undisturbed or otherwise protected in place should PROJECT not proceed. CITY shall sign
any HM -2 manifest if PROJECT proceeds and HM -2 material must be removed in lieu of
being treated in place. If CITY decides to not proceed with PROJECT, there will be no
District Agreement No. 12 -521
obligation to either CITY or STATE other than CITY's duty to cover and protect HM -2
material left in place.
11. If hazardous material or contamination of either HM -1 or HM -2 category is found on new
right of way acquired by CITY for PROJECT, CITY, as between CITY and STATE only,
shall perform, or cause to be performed, all required cleanup and/or protection at CITY's
expense and shall guarantee STATE that said new right of way is clean prior to transfer of
title to STATE. The generator of the hazardous material or, if none can be identified or found,
the present property owner, whether a private entity or a local public agency, or CITY, as a
last resort, shall sign the manifest. STATE will exert every effort to fund the remedy or
remedial action for which STATE is responsible. In the event STATE is unable to provide
funding, CITY will have the option to either delay PROJECT until STATE is able to provide
funding or CITY may proceed with the remedy or remedial action at CITY's expense without
any subsequent reimbursement by STATE.
12. Locations subject to remedy or remedial action and/or protection include utility relocation
work required for PROJECT. Costs for remedy and remedial action and/or protection shall
include, but not be limited to, the identification, treatment, protection, removal, packaging,
transportation, storage, and disposal of such material.
13. The party responsible for funding any hazardous material cleanup shall be responsible for the
development of the necessary remedy and/or remedial action plans and designs. Remedial
actions proposed by CITY on the State highway right of way shall be pre- approved by State
and shall be performed in accordance with STATE's standards and practices and those
standards mandated by the Federal and State regulatory agencies.
14. A separate Cooperative Agreement will be required to cover responsibilities and funding for
the construction phase of PROJECT.
15. Nothing in the provisions of this Agreement is intended to create duties or obligations to, or
rights in third parties not parties to this Agreement, or to affect the legal liability of either
party to the Agreement by imposing any standard of care with respect to the development,
design, construction, operation or maintenance of State highways and public facilities
different from the standard of care imposed by law.
M. Neither STATE nor any officer or employee thereof is responsible for any damage or liability
occurring by reason 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 section 895.4, CITY shall fully
defend, indemnify and save harmless STATE and all its officers and employees from all
claims, suits or actions of every name, kind and description brought for or on account of
injury (as defined in Government Code section 810.8) occurring by reason 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.
17. Neither CITY nor any officer or employee thereof is responsible for any damage or liability
occurring by reason of anything done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction 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 hamiless CITY and all its officers and
employees from all claims, suits or actions of every name, kind and description brought for or
on account of injury (as defined in Government Code section 810.8) occurring by reason of
District Agreement No. 12 -521
anything done or omitted to be done by STATE under or in connection with any work,
authority or jurisdiction delegated to STATE under this Agreement.
18. This Agreement may be terminated or provisions contained herein may be altered, changed,
or amended by mutual consent of the parties hereto.
19. Except as otherwise provided in Article 15 above, this Agreement shall terminate upon
completion and acceptance of the construction contract for PROJECT, or on December 30,
2009. whichever is earlier in time.
STATE OF CALIFORNIA
Department of Transportation
WILL KEMPTON
Director of Transportation
LE
JIM BEIL
Deputy District Director
Project Delivery
APPROVED AS TO FORM
AND PROCEDURE:
By:
Attorney,
Department of Transportation
CERTIFIED AS TO FINANCIAL
TERMS CONDITIONS:
M
Accounting Administrator
CERTIFIED AS TO FUNDS:
By:
District Budget Manager
District Agreement No. 12 -521
CITY OF NEWPORT BEACH
M.
[-A
Mayor
City Clerk
APPROVED AS TO FORM:
By: � ffo` -�,
Attorney
City of Newport Beach
District Agreement No. 12 -521
SCOPE OF WORK
This Scope of Work outlines the specific areas of responsibility for various project devel-
opment activities for the proposed Widening of existing overcrossing of Route SR -73 at
Jamboree Road.
1. CITY and STATE concur that the proposal is a Category 4B as defined in STATE's Project
Development Procedures Manual.
2. CITY will subm t drafts of environmental technical reports and individual sections of the
draft environmental documents to STATE, as they are developed, for review and comment.
Traffic counts and projections to be used in the various reports shall be supplied by STATE if
available, or by CITY. Existing traffic data shall be furnished by CITY.
3. STATE will review, monitor, and approve all project development reports, studies, and plans,
and provide all necessary implementation activities up to but not including advertising of
PROJECT.
4. The existing freeway agreement need not be revised.
:.+
District Agreement No. 12 -521
ATTACHMENT
PLANNING PFIASE ACTIVITIES
2. PROJECT GEOMETRICS DEVELOPMENT
RESPONSIBILITY
Prepare Existing Traffic Analysis
STATE
LOCAL
X
Prepare Project Geometries and Profiles
AGENCY
PROJECT ACTIVITY
X
Prepare Operational Analysis for Alternatives
1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION
Provide Quality Assurance
X
Establish Project Development Team (PDT)
X
X
Approve PDT ,
X
Project Category Determination
X
Prepare Preliminary Environmental Assessment
X
Provide Quality Assurance
X
Provide Quality Control
X
Identify Preliminary Alternatives and Costs
X
Prepare and Submit Environmental Studies and Reports
X
Approve Environmental Studies and Reports
X
Prepare and Submit Draft Environmental Document (DED)
X
Review DED in District
X
Prepare final Environmental Document
X
2. PROJECT GEOMETRICS DEVELOPMENT
Prepare Existing Traffic Analysis
X
Prepare Future Traffic Volumes for Alternatives
X
Prepare Project Geometries and Profiles
X
Prepare Layouts and Estimates for Alternatives
X
Prepare Operational Analysis for Alternatives
X
Provide Quality Assurance
X
Provide Quality Control
X
Approve Project Geometries and Operational Analysis
X
3. PROJECT APPROVAL
Lead Agency for Environment Compliance Certifies ED in Accordance X X
with its Procedures
Prepare Draft Project Report (DPR) X
Finalize and Submit Project Report with Certified ED for Approval X
Provide Quality Assurance X
Provide Quality Control X
Approve Project Report X
2. ENGINEERING STUDIES AND REPORTS
District Agreement No.
12 -521
ATTACHMENT 2
Provide Quality Control
X.
DESIGN PHASE ACTIVITIES
X
Approve Materials Report & Typical Section
X
RESPONSIBILITY
X
Approve Landscaping Recommendation
STATE
LOCAL
X
Approve Hydraulic Design Studies
AGENCY
PROJECT ACTIVITY
X
Approve Bridge General Plan & Structure Type Selection
1. PRELIMINARY COORDINATION
Request 1 - Phase EA
X
Provide Quality Assurance
X
Provide Quality Control
X
Field Review of Site
X
X
Provide Geometries
X
Approve Geometries
X
Obtain Surveys & Aerial Mapping
X
Obtain Copies of Assessor Maps and Other RAV Maps
X
Obtain Copies of As- Builts
X
Send Approved Geometries to Local Agencies for Review
X
Revise Approved Geometries if Required
X
Approve Final Geometries
X
Determine Need for Permits from Other Agencies
X
X
Request Permits
X
Initial Hydraulics Discussion with District Staff
X
Initial Electrical Design Discussion with District Staff
X
Initial Traffic & Signing Discussion with District Staff
X
Initial Landscape Design,Discussion with District Staff
X
Plan Sheet Format Discussion
X
X
2. ENGINEERING STUDIES AND REPORTS
Provide Quality Assurance
X
Provide Quality Control
X.
Prepare & Submit Materials Report & Typical Section
X
Approve Materials Report & Typical Section
X
Prepare & Submit Landscaping Recommendation
X
Approve Landscaping Recommendation
X
Prepare & Submit Hydraulic Design Studies
X
Approve Hydraulic Design Studies
X
Prepare & Submit Bridge General Plan & Structure Type Selection
X
Approve Bridge General Plan & Structure Type Selection
X
District Agreement No. 12 -521
RESPONSIBILITY
STATE
LOCAL
AGENCY
PROJECT ACTIVITY
3. R/W ACQUISITION & UTILITIES
(Used when uaq lified Local Agency is performing R/W activities.)
Provide Quality Assurance
X
Provide Quality Control
X
Request Utility Verification
X
Request Preliminary Utility Relocation Plans from Utilities
X
Prepare R/W Requirements
X
Prepare R/W and Utility Relocation Cost Estimates
X
Submit R/W Requirements & Utility Relocation Plans for Review
X
Review and Comment on R/W Requirements
X
Longitudinal Encroachment Review
X
Longitudinal Encroachment Application to District
X
Approve Longitudinal Encroachment Application
X
Request Final Utility Relocation Plans
X
Check Utility Relocation Plans
X
Submit Utility Relocation Plans for Approval
X
Approve Utility Relocation Plans
X
Submit Final R/W Requirements for Approval
X
Fence and Excess Land Review
X
R/W Layout Review
X
Approve R/W Requirements
X
Obtain Title Reports
X
Complete Appraisals
X
Review and Approve Appraisals for Setting Just Compensation
X
Prepare Acquisition Documents
X
Acquire R/W
X
Open escrows and Make Payments
X
Obtain Resolution of Necessity
X
Perform Eminent Domain Proceedings
X
Provide Displacee Relocation Services
X
Prepare Relocation. Payment Valuations
X
Provide Displacee Relocation Payments
X
Perform Property Management Activities
X
Perform R/W Clearance Activities
X
Prepare and Submit Certification of R/W
X
Review and Approve Certification of R/W
X
Transfer R/W to STATE
X
Approve & Record Title Transfer Documents
X
Prepare R/W Record Maps
X
District Agreement No. 12 -521
Local Review of Preliminary Drainage Plans and Sanitary Sewer and
RESPONSIBILITY
X
STATE LOCAL
AGENCY
PROJECT ACTIVITY
4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES
Approve Preliminary Drainage Plans
Provide Quality Assurance
X
Provide Quality Control
X
Prepare and Submit Preliminary Stage Construction Plans
X
Approve Preliminary Stage Construction Plans
X
Calculate and Plot Geometries
X
Cross - Sections & Earthwork Quantities Calculation
X
Local Review of Preliminary Drainage Plans and Sanitary Sewer and
X
Adjustment Details
Prepare & Submit Preliminary Drainage Plans
X
Approve Preliminary Drainage Plans
X
Prepare Traffic Striping and Roadside Delineation Plans & Submit for
-
X
Approval
Approve Traffic Striping and Roadside Delineation Plans
X
Prepare & Submit Landscaping and/or Erosion Control Plans
X
Approve Landscaping and/or Erosion Control Plans
X
Prepare & Submit Preliminary Electrical Plans
X
Approve Preliminary Electrical Plans
X
Prepare & Submit Preliminary Signing Plans
X
Approve Preliminary Signing Plans
X
Quantity Calculations
X
Safely Review
X
X
Prepare Specifications
X
Prepare & Submit Checked Structure Plans
X
Approve Checked Structure Plans
X
Prepare Final Contract Plans
X
Prepare Lane Closure Requirements
X
Approve Lane Closure Requirements
X
Prepare & Submit Striping Plan
X
Approve Striping Plan
X
Prepare Final Estimate
X
Prepare & Submit Draft PS &E
X
Approve Draft PS &E
X
Finalize & Submit PS &E to District
X
District Agreement No. 12 -521
ATTACHMENT
DEFINITIONS
Basic Design Features and a general description of the facility:
Widening Jamboree overcrossing to provide one additional northbound lane and one additional
southbound lane.
Design speed of SR -73 at project location is 110 kph and design speed of Jamboree Road at
project location is 80 kph.
U SR -73 has 3 lanes in each direction. Jamboree Road has 3 Southbound and 2 northbound lanes
and it is propsed to add one lane to each direction.
U Proposed Jamboree Road Overcrossing will have 3.6 meter through lanes and 1.2 meter
shoulders.