HomeMy WebLinkAboutC-3814 - Contribution Agreement and Maintenance Agreement - Mariners Mile Street LightingCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
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Agenda Item No. 9
September 25, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Antony Brine, P.E.
949-644-3329 or tbrine@city.newport-beach.ca.us
SUBJECT: MARINERS MILE STREET LIGHTING — APPROVAL OF BUDGET
AMENDMENT TO COVER CITY'S SHARE OF COOPERATIVE
AGREEMENT WITH CALTRANS
RECOMMENDATION:
Approve a Budget Amendment appropriating $21,000 from the unappropriated General
Fund balance to Account No. 7013-C5200880 Mariners Mile Street Lighting to pay the
balance of the City's share of this cooperative agreement with Caltrans.
DISCUSSION:
On February 14, 2006, the City Council approved cooperative agreements with Caltrans
to cover the funding and maintenance responsibilities for the concrete street lighting
poles installed along Coast Highway between Dover Drive and Newport Boulevard.
The project included the installation of sixty-one new street lights in FY 05/06 and
eighteen street lights in FY 06/07. Funds were budgeted for the FY 05/06 project scope
but not the FY 06/07 project.
Staff recommends City Council approve a Budget Amendment appropriating $21,000
for the City's share of FY 06/07 Mariners Mile Street Lighting project.
Environmental Review:
The environmental documentation for the streetlight installation is the responsibility of
Caltrans.
Funding Availability:
There are sufficient.funds available in the following account for the project:
Account Description Account Number Amount
Mariners Mile Street Lighting 7013-C5200880 $ 21,000
Total: $ 21,000
Prepared by: Submitted bv:
Antony Brine, Rt.
Principal Civil Engineer
Attachment: Budget Amendment
,X(G. Badum
Works Director
;ty of Newport Beach
BUDGET AMENDMENT
2007-08
NO. BA- 08BA-011
AMOUNT:1 $21,000.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations for Mariners Mile Street Lighting to pay the balance of the City's share of this
cooperative agreement with Caltrans.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 General Fund - Fund Balance
REVENGE ESTIMATES (3601)
Fund/Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Amount
Debit Credit
$21,000.00
Description
Division Number 7013 Street
Account Number C5200880 Mariners Mile Street Lighting $21,000.00
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
* Automatic System Entry.
Signed:�1'�
Financial Approval: Administrati a Services Director Date
Signed: Z
Administrative App val: City Manager 12fate
Signed:
City Council Approval: City Clerk
Date
Ci
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
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Agenda Item No. 5-
February 14, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Antony Brine, P.E.
949 -644 -3311
tbrine@city.newport-beach.ca.us
SUBJECT: MARINERS MILE STREET LIGHTING — APPROVAL OF
COOPERATIVE AGREEMENTS WITH CALTRANS
RECOMMENDATION:
Approve a Contribution Agreement and a Maintenance Agreement with the State
of California defining funding and maintenance responsibilities for concrete street
lighting poles on Coast Highway between Dover Drive and Newport Boulevard.
2. Approve use of Account No. 7013- C5200880 Mariners Mile Street Lighting to
fund the City's share of the FY 05/06 State contract project. The contract cost is
established at $72,000.
3. Direct staff to submit a CIP project for FY 06/07 to fund the City's share of the
FY 06/07 State contract project. The contract cost is established at $21,000.
DISCUSSION:
The Public Works Department has been working with Caltrans in planning a street
safety lighting project along Coast Highway between Dover Drive and Newport
Boulevard. The proposed project includes the installation of sixty -one (61) new street
lights in FY 05106, and an additional eighteen (18) street lights in FY 06/07.
At its meeting of October 11, 2005, the City Council formally requested Caltrans to
upgrade the proposed street lighting poles from Caltrans standard steel poles to the
City standard concrete poles. This request was made to improve the aesthetics of the
new street lighting. Caltrans agreed to install concrete poles provided the City fund the
difference in cost and provide maintenance of the concrete poles. The upgrade costs
have been established as $72,000 for FY 05/06, and $21,000 for FY 06/07.
The City Council also directed staff to finalize formal agreements with Caltrans to cover
the funding and maintenance responsibilities for the concrete street lighting poles. A
Mariners Mile Street Lighting — Ap I of Cooperative Agreements vvith Caltrans •
February 14, 2006
Page 2
Contribution Agreement and a. Maintenance Agreement have been prepared by the
State, and have been reviewed and approved by the City Attorneys office and the
Public Works Department.
To provide for funding for the upgrades for the FY 05/06 project, staff is recommending
the use of the Mariners Mile Street Lighting account. This account currently has a
balance of $75,000. To fund the FY 06/07 project, staff recommends the establishment
of a CIP account in the amount of $21,000.
Environmental Review:
The environmental documentation for the streetlight installation is the responsibility of
Caltrans.
Prepared by:
Antony Brine P
Principal Civil Engineer
Attachments: Contribution Agreement
Maintenance Agreement
Submitted by:
Badum
s Director
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In Newport Beach between
Dover Ave and Newport Blvd.
12223- OF7414 and
12223- OF7424
District Agreement No. 12 -534
THIS AGREEMENT, entered into , 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.
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District Agreement No. 12 -534
RECITALS
STATE and CITY, pursuant to Streets and Highways Code section 130, are
authorized to enter into a Cooperative Agreement for improvements to State high-
ways within the jurisdictional limits of CITY.
2. STATE contemplates the construction of street fighting on State Route 1 (SR -1) in
Newport Beach between Dover Ave and Newport Blvd., referred to herein as
"PROJECT'.
3. PROJECT will be constructed by means of two contracts: OF7414 and OF7424, with
61 poles to be erected under OF7414 and 16 poles to be erected under OF7424, for a
total of 79 poles.
4. CITY desires and has requested that in lieu of STATE's standard design metal poles,
STATE will install decorative base octagonal concrete light poles as part of the
PROJECT, referred to herein as "IMPROVEMENTS ", which exceed State standards
and CITY is willing to pay the additional cost as specified in the cost estimate
attached to and made a part of this agreement as Exhibit A.
5. STATE will design and construct decorative base octagonal concrete light poles,
according to the plans attached as Exhibit B and incorporated herein.
6. The parties hereto intend to define. herein the terms and conditions under which
IMPROVEMENTS are to be constructed, financed, and maintained.
SECTION I
STATE AGREES:
1. To administer the construction contract for PROJECT and have the PROJECT con-
struction contractor furnish and install IMPROVEMENTS as requested by CITY.
2. To invoice CITY for $72,000 for contract OF7414 at least 15 days prior to STATE's
bid advertising date of a construction contract for PROJECT contract OF7414.
3. To invoice CITY for $21,000 for contract OF7424 at least to 15 days prior to STATE's
bid advertising date of a construction contract for PROJECT contract OF7424.
SECTION II
CITY AGREES:
•
District Agreement No. 12 -534
To deposit with STATE within 25 days of receipt of billing therefor (which billing
will be forwarded 15 days prior to STATE's bid advertising date of a construction
contract for PROJECT contract OF7414), the amount of $72,000 , which figure
represents CnYs estimated share of the cost of IMPROVEMENTS to be performed
by STATE on Cn Y's behalf pursuant to this Agreement and to deposit with STATE
within 25 days of receipt of billing therefor (which billing will be forwarded 15
days prior to STATE's bid advertising date of a construction contract for PROJECT
contract OF7424), the amount of $21,000 , which figure represents CITTs estimated
share of the cost of IMPROVEMENTS to be performed by STATE on CYIY's behalf
pursuant to this Agreement. CrI Y's total obligation under this Agreement shall not
exceed the amount of $93,000, provided that CITY may, at its sole discretion, in
writing, authorize a greater amount.
2. To pay $93,000, which represents the cost of IMPROVEMENTS above the cost of
STATE standard street light installations, including the cost of IMPROVEMENTS
construction - related claims and the cost of any STATE defense of any of those
claims, as determined after completion of work and upon final accounting of costs.
3. To pay STATE within twenty (20) days of receipt of a detailed statement made upon
final accounting of cost therefor, any amount over and above the aforementioned
deposit, in Article (1) above of this Section II, required to complete CITY's financial
obligation pursuant to this Agreement.
4. To maintain IMPROVEMENTS installed pursuant to a separate maintenance
agreement with STATE or remove said improvements to be replaced by CITY using
STATE's standard metal light pole design standards.
E
SECTION III
IT IS MUTUALLY AGREED:
E
District Agreement No. 12 -534
All obligations of STATE under the terms of this Agreement are subject to the ap-
propriation of resources by the Legislature and the allocation of resources by the
California Transportation Commission.
2. Upon completion of all work under this Agreement, ownership and title to all mate-
rials, equipment and appurtenances installed will automatically be vested in STATE
and no further agreement will be necessary to transfer ownership to STATE.
3. 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 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
Injury occurring by reason of the installation and the continuing maintenance and
preservation of these decorative light pole IMPROVEMENTS at the designated SR -1
locations.
4. This Agreement shall terminate upon completion and acceptance of the construction
contract for PROJECT by STATE and final disposition of Crlys required deposit and
payment as specified in Section II, Article (1) above, or on December 31, 2009,
whichever is earlier in time, except that the indemnification, maintenance and
replacement obligations, as set herein above will continue in effect until amended or
terminated by mutual agreement of the parties.
5. Attorney fees are not recoverable based on disputes related to the agreement.
6. Any disputes will be resolved in accordance with California law in a court located in
Orange County.
District Agreement No. 12 -534
OF •• OF •••
WILL KEMPT'ON
Director of Transportation
By:
(Mayor)
By: Attest:
Deputy District Director, Project Delivery (City Clerk)
Approved as to form and procedure:
Attorney
Department of Transportation
Certified as to funds:
Certified as to procedure:
Accounting Administrator
t
Approved as to form and procedure
Attorney (or Counsel)
I hereby certify upon my own personal
knowledge that budgeted funds are
available for the period and the purpose
of payment to STATE stated in the
Agreement
Fiscal Officer
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District Agreement No. 12 -534
EXHIBIT A
Cost of
State Share
Caltrans
Cost of
(Cost of
Standard
Marblite Pole
Caltrans
City Share
Number
.Steel Pole
(Amron) 15'
Standard
(Total cost -
of poles
(Type 15)
mast arm
Total Cost
Steel Pole)
State share)
Contract
OF7414
61
$ 1,180
$ 2,358
$ 143,838
$ 71,980
$ 71,858
Say $72,000
Contract
OF7424
18
$ 1,180
$ 2,358
$ 42,444
$ 21,240
$ 21,204
Say $21,000
Total
79
1,180
$ 2,358
$186,282
$ 93,220
9 93,062
Say $93,000
P
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In Newport Beach between
Dover Ave and Newport Blvd.
12209- OF7410
12209- OF7420
MAINTENANCE AGREEMENT
This AGREEMENT entered into 2006, 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 public corporation of the State of
California, referred to herein as
CITY.
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY. STREET LIGHTING IN THE
CITY OF NEWPORT BEACH
WITNESSETH:
A. RECITALS:
1. The Parties agree that CITY shall maintain those decorative
octagonal concrete street light poles (Poles) to be installed
within State Highway right of way on Pacific Coast Highway
(State Route 1) from Dover Avenue to Newport Boulevard as CITY
requested IMPROVEMENTS pursuant to Contribution Agreement 12-
534 as executed between the parties. STATE shall maintain the
attached luminaires, the mast arms, wiring and all other
appurtenances except poles listed as the IMPROVEMENTS.
2. Department standard pole installations are Type 15 steel poles.
3. All hardware exclusive of the Poles, including, but not limited
to: wiring, pullboxes, luminaires and mast arms, will be
constructed to Department standards and will be maintained by
STATE.
B. AGREEMENT
In consideration of the mutual covenants and promises herein
contained, CITY agrees:
1. To store spare decorative Poles for future use, replace and
repair all Pole installations.
2. CITY will do all maintenance work associated with the Poles
at no cost to the STATE.
3. Should CITY fail to adequately maintain Poles, STATE may
direct CITY to correct that default and any CITY failure to
do so shall be the basis of an order by STATE that CITY
remove and replace these Poles within 60 days with Type 15
steel poles at CITY's expense. Should CITY be unwilling or
fails to meet this obligation, STATE may perform that
removal, disposal, replacement and installation work at
CITY's sole expense.
4. STATE shall only remove Poles or cause Poles to be removed
under the condition of maintenance default as described in
Article 3 of this Section B or if a threat to public safety
caused by the decorative poles as installed is identified.
,
x
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C. LEGAL RELATIONS AND RESPONSIBILITIES:
1. Nothing in the provisions of the Agreement is intended to
create duties to 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 respecting the maintenance of Poles
different from the standard of care imposed by law.
2. It is understood and agreed that 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 to be
performed by CITY under this Agreement. It is also
understood and agreed that CITY shall defend, indemnify and
save harmless STATE and all of its officers and employees
from all claims, suits or actions of every name, kind and
description brought for or in account of injuries to or death
of any person or damage to property resulting from anything
done or omitted to be done by CITY under and in connection
with any work performed by CITY under this Agreement.
3. It is understood and agreed that 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 to be
performed by STATE under this Agreement. It is also
understood and agreed that STATE shall defend, indemnify and
save harmless CITY and all of its officers and employees from
all claims, suits or actions of every name, kind and
description brought for or in account of injuries to or death
of any person or damage to property resulting from anything
done or omitted to be done by STATE under and in connection
with any work performed by STATE under this Agreement.
D. TERM OF AGREEMENT:
This Agreement shall become effective when executed by both
parties and shall remain in full force and effect until amended or
terminated upon the mutual consent of the parties thereto. Failure
to comply with provisions set forth in Section "B" will be grounds
for a notice of termination by STATE. Attorney fees are not
recoverable based on disputes related to the agreement and any
disputes will be resolved in accordance with California law in a
court located in Orange County.
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IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first above.written.
APPROVAL
City Attorney
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CITY OF NEWPORT BEACH
By
City Mayor
City Clerk
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
JAMES PINHEIRO
DEPUTY DIRECTOR
Maintenance & Traffic Operations
c
By'rHE CITY COUNCIL
CITY OF NF_WPOAT BEACH
2005 APPROVLO
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
October 11, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Antony Brine, P.E.
949 - 644-3311
tbrine @city.newport- beach.ca.us
SUBJECT: MARINERS MILE STREET LIGHTING
RECOMMENDATIONS:
Request Caltrans, as part of a State safety lighting project on Coast Highway, to
upgrade street lighting poles to City standard concrete poles in place of Caltrans
standard steel poles.
2. Direct staff to finalize a Contribution Agreement with Caltrans for funding and
maintenance of the concrete street lighting poles, which will be approved by City
council at a later date.
3. Designate the funding sources for the cost of the street lighting pole upgrades,
as outlined below:
4. Use remaining balance of the $65,000 from Mariners Mile CIP project, and
appropriate an additional $10,000 from General Fund reserves.
DISCUSSION:
In February of this year, the Public Works Department began meeting with Caltrans to
discuss their planned street safety lighting project along Coast Highway between Dover
Drive and Newport Boulevard. The proposed safety improvement project includes the
installation of sixty -one (61) new street lights and various drainage improvements. The
Public Works Department staff has discussed the proposed project with Councilman
Webb and the Mariners Mile Business Owners Association ( MMBOA).
In March, Councilman Webb requested that concrete street light poles be considered
for installation, rather than steel poles, for aesthetic reasons. The MMBOA also
supports this request. For informational purposes, concrete poles and steel poles are
structurally equivalent, but the City has predominately utilized concrete poles on the
City's arterials including other sections of Coast Highway that were City funded
SUBJECT: Mariners We Street Ding
October 11, 2005
Page 2
improvement projects. Caltrans indicated that they would review the request subject to
an agreement with the City to fund any upgrade costs, and to establish maintenance
responsibilities for the concrete poles. Caltrans recently forwarded an estimate of
$75,000 for the costs to upgrade the poles to concrete.
Staff is recommending that a formal request be forwarded to Caltrans to include the
upgraded concrete street light poles in the design of the State project. In anticipation of
the City's request, Caltrans staff is currently drafting a Contribution Agreement which
would cover the funding and maintenance of the concrete street light poles. This
Agreement will be sent to the City shortly for review. Caltrans has indicated that the
Contribution Agreement must be fully executed by January 1, 2006 in order for the
State to meet all delivery milestones for the project. The project is currently scheduled
for bid in March, 2006 and construction will take place in spring 2006.
Normally, staff would propose that the City's Gas Tax allocations be used to fund
streetlight projects; however, those funds are currently leveraged as matching funds for
the Federal Arterial Highway Rehabilitation program. In the current FY 05106 budget,
$79,660 was budgeted for additional design of roadway and landscaping improvements
in Mariners Mile. There is currently $65,000 remaining in this account. To provide for
funding for the upgrade of the street lighting poles, staff is recommending the use of the
remaining funds in this account, together with an appropriation of $10,000 from the
General Fund reserve.
With direction to proceed with the proposed street light pole upgrades, staff will place
the approval of a budget amendment and Contribution Agreement on a future agenda.
Environmental Review:
The environmental documentation for the streetlight installation is the responsibility of
Caltrans.
Prepared by: Submitted by:
Antony Brine, P.E/ Stephen G. adum
Principal Engineer Public Works Director