HomeMy WebLinkAbout04 - Jamboree Road WideningCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 4
May 26, 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 — APPROVAL OF A
CONSTRUCTION COOPERATIVE AGREEMENT WITH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION
RECOMMENDATION:
Approve the Cooperative Agreement between the City of Newport Beach and the
California Department of Transportation (Caltrans) for the construction of 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 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 construction cost estimate is $4.5 million. City staff was successful in obtaining
OCTA Measure M money to fund a portion of the design, right -of -way and construction
costs. The majority of the construction cost, approximately $3.6 million, was anticipated
to come from the Transportation Corridor Agencies (TCA). A draft Memorandum of
Understanding describing this funding arrangement was prepared but was never
executed due to TCA's financial difficulties. Consequently, city staff has been seeking
additional funds from OCTA to supplement the construction cost.
In order to proceed with construction, Caltrans requires a Construction Cooperative
Agreement with the City indicating that the City will be responsible for all construction
costs associated with this project. The City and Caltrans previously entered into a
Jamboree Road Widening Over SR 73 - Approval of Construction Cooperative Agreement With Catrans
May 26, 2009
Page 2
separate Cooperative Agreement (District Agreement No. 12 -521) on February 10,
2006 to complete the preliminary engineering and design phase. Upon approval by the
City Council, the Construction Cooperative Agreement will be forwarded to Caltrans for
their approval so that we can proceed to construction.
Environmental Review:
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 of the CEQA Implementing Guidelines. This exemption covers the
repair, maintenance. and minor alteration of existing public facilities with negligible
expansion. The Notice of Exemption was recorded by the Orange County Clerk's
Office on February 10, 2006.
Prepared by:
Andy Tr n, P.E.
Senior Civil Engineer
Cr rhmiftorl h%r
Attachment: Cooperative Agreement (6 copies)
12- ORA -SR -73 PM 24.8
Bridge widening at Jamboree Road
12208- OA9701
District Agreement No. 12 -562
COOPERATIVE AGREEMENT
THIS 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 (chartered City) of the State of California, referred to herein as
"CITY ".
District Agreement No. 12 -562
RECITALS
1. STATE and CITY, pursuant to Streets and Highways Code sections 114 and 130, are
authorized to enter into a Cooperative Agreement for improvements to the State Highway
System (SHS) within CITY's jurisdiction.
2. CITY intends to widen the westerly side of the Jamboree Road Bridge on State Route 73
(SR -73) at Jamboree Road, referred to herein as "PROJECT ".
3. CITY is willing to fund one hundred percent (100 %) of all capital outlay and support
costs, except that the costs of STATE's Independent Quality Assurance (IQA) will be
borne by STATE. The PROJECT cost estimate is shown on Exhibit A, attached hereto
and made a part of this Agreement.
4. The parties agree that CITY will prepare the contract documents and advertise, award,
and administer the construction contract for PROJECT.
5. Preliminary engineering (PA &ED), plans, specifications and estimates (PS &E), and right
of way activities for PROJECT were covered in a prior Cooperative Agreement executed
by STATE and CITY on February 10, 2006 (District Agreement No. 12 -521).
6. The terms of this Agreement shall supersede any inconsistent terns of any prior
Memorandum of Understanding (MOU) or agreement relating to PROJECT.
7. The parties now define herein below the terms and conditions under which PROJECT is
to be owned, constructed, financed, operated, and maintained.
SECTION I
CITY AGREES:
1. All PROJECT work performed by CITY, or performed on CITY's behalf, shall be
performed in accordance with all State and Federal laws, regulations, policies, procedures .
and standards that STATE would normally .follow. All such PROJECT work shall be
submitted to STATE for STATE's review, comment, and concurrence at appropriate
stages of development.
2. To permit STATE to monitor, participate, and oversee the selection of personnel who
will provide construction engineering services for PROJECT. CITY agrees to consider
any request by STATE to avoid a contract award or discontinue the contracted services of
any personnel considered by STATE to be unqualified on the basis of credentials,
professional expertise, failure to perform, and/or other pertinent criteria.
District Agreement No. 12 -562
3. To fund one hundred percent (100 %) of all PROJECT construction capital and support
costs required for satisfactory completion of PROJECT, including, but not limited to,
"State- furnished material ", and source inspection, except for costs of STATE's IQA.
4. To not use STATE's funds for any PROJECT capital and support costs.
5. Tosubmit a written request for any "State- furnished material" identified in the PROJECT
plans, specifications, and estimates (PS &E) a minimum of forty -five (45) days in advance
of the need for such materials. To then pay STATE, within fifteen (15) days of receipt of
STATE's billing, the actual cost invoiced for the requested "State- furnished material ".
CITY may take delivery of the "State- furnished material" after STATE's receipt of
CITY's payment and at the location directed by STATE.
6. STATE shall perform source inspection as outlined in STATE's Construction Manual,
Construction Manual Supplement for Local Agency Resident Engineer, and Local
Agency Structure Representative Guideline. CITY shall reimburse STATE for all.direct
and indirect costs incurred for any source inspection performed by STATE.
7. To deposit with STATE within twenty -five (25) days of receipt of STATE's billing
thereof the amount of said bill, which amount represents the estimated cost of source
inspection,.as referred to in Article 6 of this Section I.
8. To pay STATE upon completion of all work on PROJECT and within twenty -five (25)
days of receipt of a detailed statement made upon final accounting of costs therefore, any
amount, over and above the aforesaid deposits for State - furnished materials and source
inspection, required to complete CITY's financial obligations assumed pursuant to this
Agreement.
9. To advertise, award, and administer the construction contract for PROJECT in
accordance with requirements of the Local Agency Public Construction Act and the
California Labor Code, including its prevailing wage provisions. Workers employed in
the performance of work contracted for by CITY, and/or performed under encroachment
permit, are covered by provisions of the California Labor Code in the same manner as are
workers employed by STATE's contractors. The use of any Federal funds towards
PROJECT construction will mandate the inclusion and enforcement of all applicable
Federal labor mandates.
10. Construction by CITY of those portions of PROJECT which lie within the SHS right of
way shall not commence until CITY's contract plans involving such work, the utility
relocation plans, and the right of way certification have been reviewed and accepted by
STATE and encroachment permits have been issued to CITY and CITY's contractor.
11. CITY's construction contractor shall maintain in force, until completion and acceptance
of the PROJECT construction contract, a policy of General Liability Insurance, including
coverage of Bodily Injury Liability and Property Damage Liability, that complies with all
coverage requirements with Section 7 -1.12 of STATE's then effective Standard
Specifications. Such policy shall contain an additional insured endorsement naming
STATE and its officers, agents, and employees as additional insureds. This insurance
District Agreement No. 12 -562
coverage shall be evidenced by a Certificate of Insurance in a form satisfactory to
STATE which shall be delivered to STATE before the issuance of an encroachment
permit to CITY's construction contractor.
12. To require the construction contractor to furnish both a payment and a performance bond,
naming CITY as obligee with both bonds complying with the requirements set forth in
Section 3 -1.02 of STATE's current Standard Specifications prior to performing any
PROJECT construction work. CITY shall defend, indemnify, and hold harmless STATE
and its officers, agents, and employees from all claims and suits by stop notice claimants
related to the construction of PROJECT.
13. To have PROJECT constructed by contract to the satisfaction of and subject to STATE's
acceptance in accordance with the STATE accepted PROJECT PS &E.
14. Contract administration procedures shall conform to STATE's Construction Manual,
Local Assistance Procedures Manual (if Federal funds are used), and the PROJECT
encroachment permits.
15. Construction within the existing or ultimate SHS tight of way shall comply with
STATE's Standard Specifications, the PROJECT Special Provisions, and STATE's
Construction Manual.
16. If any existing 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 timely accommodation, protection, relocation, or
removal.
The costs for the PROJECT's positive identification and location, protection, relocation,
or removal of utility facilities whether inside or outside STATE's right of.way shall be
determined in accordance with Federal and California laws and regulations, and
STATE "s policies, procedures, standards, practices, and applicable agreements including,
but not limited to, Freeway Master Contracts.
17. All survey work shall conform to the methods, procedures, and requirements of STATE's
Surveys Manual and STATE's Staking Information Booklet.
18. PROJECT material testing and Quality Control/Assurance shall conform to STATE's
Construction Manual, Construction Manual Supplement for Local Agency Resident
Engineer, Local Agency Structure Representative Guideline and STATE's California Test
Methods, and shall be performed by a material- tester certified by STATE, at CITY's
expense.
19. All PROJECT work, except as set forth in this Agreement, is to be performed by CITY.
Should CITY request that STATE perform any portion of PROJECT work not set forth in
this Agreement, CITY shall first agree to reimburse STATE for such work pursuant to an
amendment to this Agreement or a separate executed agreement.
District Agreement No. 12 -562
20. To furnish, at CITY's expense and subject to the approval of STATE, a field site
representative who is a licensed civil engineer in the State of California to perform the
functions of a Resident Engineer. The Resident Engineer shall not be an employee or
subcontractor of the entity, if any, that prepared the PROJECT PS &E or an employee of
the construction contractor.
21. If the Resident Engineer is not also a registered Landscape Architect, CITY will furnish,
at CITY expense and subject to approval of STATE, a Landscape Architect to perform
the function of an Assistant Resident Engineer/Inspector who is responsible for both daily
on -site inspections and final decisions including, but not limited to, any highway planting
and the irrigations systems that comprise a portion . of the PROJECT work. Final
decisions shall continue to be subject to the satisfaction and approval of STATE.
22. At PROJECT's expense, to furnish sufficient qualified support staff, subject to the
approval of STATE, to assist the Resident Engineer in, but not limited to, structure
representative, construction surveys, soils and foundation tests, measurement and
computation of quantities, testing of construction materials, checking shop drawings,
preparation of estimates and reports, preparation of the mandated "As- Built" drawings,
and other inspection and staff services necessary to assure that the construction is being
Performed in accordance with the PROJECT PS &E. Said qualified support staff shall be
independent of the design engineering company and construction contractor, except that
the PROJECT designer may be retained to check shop drawings, do soils foundation
tests, test construction materials., and perform construction surveys.
23. Within one hundred eighty (180) days following the completion and acceptance of the
PROJECT construction contract, to furnish STATE with a complete set of "As- Built"
plans in accordance with STATE's then current CADD Users Manual, Plans Preparation
Manual, and STATE practice. The submittal must also include all STATE requested
contract records, including survey documents and Records of Surveys (to include
monument perpetuation per the Land Surveyor Act, section 8771). CITY shall also
submit corrected full -sized hardcopy structure plans.
24. To retain or cause to be retained for audit by STATE or other government auditors for a
period of four (4) years from the date of final payment under the PROJECT contract, or
four (4) years from STATE payment of the final voucher, whichever is longer, all records
and accounts relating to PROJECT construction. CITY shall retain said records and
accounts longer for such periods as are required in writing by STATE.
25. Upon completion of PROJECT construction, CITY will operate and maintain, at CITY's
cost, any part of PROJECT located outside of the existing SHS right of way (including
CITY underpasses and overcrossings of then existing SHS right of way), until any
subsequent acceptance of any part of PROJECT into the SHS by STATE, approval by
FHWA, if required, and conveyance of acceptable title to STATE.
26. If CITY cannot complete PROJECT as originally, scoped, scheduled, and estimated,
CITY will, only with STATE's prior written consent, amend the.PROJECT PS &E for a
suitable resolution to ensure an alternate form of modified PROJECT that will, at all
times, provide a safe and operable SHS.
District Agreement No. 12 -562
27. If CITY terminates the PROJECT prior to completion, STATE shall require CITY, at
CITY's expense, to return the SHS right of way to its original condition or to a safe and
operable condition acceptable to STATE. If CITY fails to do so, STATE reserves the
right to finish PROJECT or place PROJECT in a safe and operable condition and STATE
will bill CITY for all actual expenses incurred and CITY agrees to pay.said bill within
thirty (30) days of receipt.
28. If unanticipated cultural, archaeological, paleontological or other protected materials are
encountered during PROJECT construction, CITY shall stop work in that area until a
qualified professional can evaluate the nature and significance of the find and a plan is
approved for the removal or protection of that material. The costs for any removal or
protection of that material shall be covered as a PROJECT cost contemplated by this
Agreement.
29. To provide a Construction Zone Enhancement Enforcement Program (COZEEP) by
contracting directly with the California Highway Patrol (CHP) for all traffic restrictions
as outlined in STATE's Construction Manual.
SECTION II
STATE AGREES:
I. At no cost to CITY, to provide IQA to assure that CITY's PROJECT work is performed
in full compliance with the approved PROJECT PS &E and in accordance with STATE's
then effective policies, procedures, standards, and practices. This IQA function includes
both the obligation and the authority to reject noncompliant PROJECT work and
materials accepted by CITY, to order any actions needed for public safety of the
preservation of property on the SHS, and to assure compliance with all provisions of the
encroachment permit(s) issued by STATE to CITY and CITY's contractor.
2. Upon proper application by CITY and by CITY's contractor, to issue, at no cost to CITY
and CITY's contractor, the necessary encroachment permits for required work within the
SHS right of way as more specifically defined elsewhere in this Agreement.
3. To provide, at CITY's cost, any "State- furnished material" as shown on the PROJECT
PS&E as determined by STATE to be appropriate and available during construction of
PROJECT. Upon receipt of CITY's request for any such "State- furnished materials ",
STATE will order those materials and STATE's Project Manager will have an invoice
submitted to CITY for the costs of those materials. Upon receipt of those materials and
CITY's payment, STATE will make those "State - fumished materials" available to CITY
at a STATE designated site.
4. Independent assurance testing, specialty testing, and approval of the type of asphalt and
concrete plants shall be by STATE, at STATE's expense.
District Agreement No. 12 -562
5. To submit an invoice to CITY for the estimated direct and indirect cost of source
inspection, pursuant to Article 6 of Section I, prior to start of PROJECT construction and
upon receipt of said estimate from State's representative.
6. Upon completion of PROJECT and all work incidental thereto, to furnish CITY with a
detailed statement of the State - furnished materials and source inspection costs to be borne
by CITY. To thereafter refund to CITY, promptly after completion of STATE's final
accounting of said PROJECT costs, any amount of CITY's deposits, required in Articles
5 & 7 of Section I, remaining after actual State - furnished materials and source inspection
costs to be borne by CITY have been deducted or to bill CITY for any additional amount
required to complete CITY's financial obligations assumed pursuant to this Agreement.
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, State Budget Act authority, and the
allocation of funds by the California Transportation Commission (CTC).
2. The parties to this Agreement understand and agree that STATE's Independent Quality
assurance (IQA) is defined as providing STATE policy and procedural guidance through
to completion of the PROJECT construction phase administered by CITY. This guidance
includes prompt reviews by STATE to assure that all work and products delivered or
incorporated into the PROJECT by CITY conform with then existing STATE standards.
IQA does not include any PROJECT related work deemed necessary to actually develop
and deliver the PROJECT, nor does it involve any validation to verify and recheck any
work performed by CITY and/or its consultants or contractors and no liability will be
assignable to STATE, its officers and employees by CITY under the terms of this
Agreement or by third parties by reason of STATE's IQA activities. All work performed
by STATE pursuant to an amendment to this agreement that is not direct IQA shall be
chargeable against PROJECT funds as a service for which STATE will invoice its actual
costs and CITY will pay or authorize STATE to reimburse itself from then available
PROJECT funds.
3. CITY agrees to obtain, as a PROJECT cost, all necessary PROJECT permits, agreements,
and/or approvals from appropriate regulatory agencies, unless the parties agree otherwise
in writing. If STATE agrees in writing to obtain said PROJECT permits, agreements,
and/or approvals, those said costs shall be a PROJECT cost.
4. CITY shall be fully responsible for complying with and implementing any and all
environmental commitments set forth in the environmental documentation, permit(s),
agreement(s), and/or approvals for .PROJECT. The costs of said compliance and
implementation shall be a PROJECT cost.
District Agreement No. 12 -562
5. If there is a legal challenge to the environmental documentation, including supporting
investigative studies and/or technical environmental report(s), perrnit(s), agreement(s),
and/or approval(s) for PROJECT, all legal costs associated with those said legal
challenges shall be a PROJECT cost.
6. If, during performance of PROJECT construction, new information is obtained which
requires additional environmental documentation to comply with the (CEQA) and if
applicable (NEPA), this Agreement will be amended to include completion of those
additional tasks.
7. All administrative reports, studies, materials, and documentation, including, but not
limited to, all administrative drafts and administrative finals, 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, agents and consultants whose work requires that access without the prior
written approval of the party with the authority to authorize said release and except as
required or authorized by statute or pursuant to the terms of this Agreement.
8. During PROJECT construction, representatives of CITY and STATE will cooperate and
consult with each other to assure that all PROJECT work is accomplished according to
the PROJECT PS &E and STATE's then applicable policies, procedures, standards, and
practices. Satisfaction of these requirements shall be verified by STATE's IQA
representatives who are authorized to enter CITY's property during construction for the
purpose of monitoring and coordinating construction activities.
9. PROJECT PS &E changes shall only be implemented by contract change orders that have
been reviewed and concurred with by STATE's representative(s). All changes affecting
public safety or public convenience, all design and specification changes, and all major
changes as defined in STATE's Construction Manual shall be approved by STATE in
advance of performing that work. Unless otherwise directed by STATE's representative,
change orders authorized as provided herein will not require an encroachment permit
rider. All changes shall be shown on the "As- Built" plans.
10. CITY shall provide a construction contract claims process acceptable to STATE and shall
process any and all claims through CITY's claims process. STATE's representative will
be made available to CITY to provide advice and technical input in any claims process.
11. In the event that STATE proposes and/or requires a change in design standards,
implementation of those new or revised design standards shall be done in accordance
with STATE's FIighway Design Manual, Section 82.5, "Effective Date for Implementing
Revisions to Design Standards." STATE shall consult with CITY in a timely manner
regarding the effect of proposed and/or required PROJECT changes.
12. The party that discovers hazardous material (FiM) will immediately notify the other
party(ies) to the Agreement.
District Agreement No. 12 -562
IB4 -1 is defined as hazardous material (including but not limited to hazardous waste) that
requires removal and disposal pursuant to federal or state law, whether it is disturbed by
PROJECT or not.
HM -2 is defined as hazardous material (including but not limited to hazardous waste) that
may require removal and disposal pursuant to federal or state law, only if disturbed by
PROJECT.
13. STATE, independent of PROJECT, is responsible for any HM -1 found within existing
SHS right of way. STATE will undertake HM' -1 management activities with minimum
impact to PROJECT schedule and will pay all costs associated with HM -1 management
activities.
STATE has no responsibility for management activities or costs associated with HM -1
found outside the existing SHS right of way. CITY, independent of PROJECT, is
responsible for any HM -1 found within PROJECT limits outside existing SHS right of
way. CITY will undertake cause to be undertaken, HM -1 management activities with
minimum impact to PROJECT schedule, and CITY will pay, or cause to be paid, all costs
associated with HM -1 management activities.
14. If HM -2 is found within the limits of PROJECT, the public agency responsible for
advertisement, award, and administration (AAA) of the PROJECT construction contract
Will be responsible for HM -2 management activities.
Any management activity cost associated with HM -2 is a PROJECT construction cost.
15. Management activities associated with either HM -1 or HM -2 include, without limitation,
any necessary manifest requirements and designation of disposal facility.
16. STATE's acquisition of or acceptance of title to any property on which any hazardous
material is found will proceed in accordance with STATE's policy on such acquisition.
17. STATE, in exercising its authority under section 591 of the Vehicle Code, has included
all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code as
applicable to the PROJECT areas open to public traffic, CITY shall take all necessary
precautions for safe operation of CITY's vehicles, the construction contractor's
equipment and vehicles and/or vehicles of personnel retained by CITY to assure the
protection of the traveling public and STATE employees from injury and damage from
such vehicles or equipment.
18. Upon PROJECT completion and acceptance, subject to the approval of STATE, CITY
will operate and maintain all PROJECT facilities at its own cost until a Maintenance
Agreement is executed or an existing agreement, if any, is amended to incorporate the
maintenance of these new PROJECT facilities located on the SHS.
19. Operation and maintenance of traffic signals, signs, and safety lighting (collectively
"Electrical Facilities ") shall be shared in accordance with existing Maintenance
Agreement # 30 -5629, entered into between STATE and CITY effective on July 1, 1985.
District Agreement No. 12 -562
Exhibit A of said agreement will be amended to include this signal as a part of said
Maintenance Agreement.
20. Upon satisfactory completion of all PROJECT work under this Agreement, as determined
by STATE, actual ownership and title to materials, equipment, and appurtenances
installed within the operating SHS right of way for SHS operations will be vested in
STATE, and materials, equipment, and appurtenances installed for non -SHS operations
both inside (overcrossings and underpasses for local traffic) and outside of the SHS right
of way will automatically be deemed to be under the control of CITY or an appropriate
third party as determined by CITY.
21. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not a party 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 the SHS and public
facilities different from the standard of care imposed by law.
22. Neither STATE nor any officer or employee thereof is responsible for any injury, 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 conferred upon CITY or arising
under this Agreement. It is understood and agreed that CITY will 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 forth under, including, but
not limited to, tortious, contractual, inverse condemnation, or other theories or assertions
of liability occurring by reason of anything done or omitted to be done by CITY under
this Agreement.
23. Neither CITY nor any officer or employee thereof is responsible for any injury, 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 conferred upon STATE or
arising under this Agreement. It is understood and agreed that STATE will 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 forth under, including, but
not limited to, tortious, contractual, inverse condemnation, or other theories or assertions
of liability occurring by reason of anything done or omitted to be done by STATE under
this Agreement.
24. Prior to the commencement of any construction activity within the SHS right of way,
either STATE or CITY may terminate this Agreement by written notice to the other
party-
25. No alteration or variation of the terms of this Agreement shall be valid unless made by a
formal amendment executed by the parties hereto and no oral understanding or agreement
not incorporated herein shall be binding on any of the parties hereto.
26. Those portions of this Agreement pertaining to the completion of PROJECT shall
terminate upon the satisfactory completion of all post- construction obligations of CITY
District Agreement No. 12 -562
and the delivery of required PROJECT construction documents, with concurrence of
STATE, or on December 31, 2010, whichever is earlier in time, except that the
ownership, operation, maintenance, indemnification, environmental commitments, legal
challenges, and claims articles shall remain in effect until terminated or modified, in
writing, by mutual agreement. Should any construction- related or other claims arising
out of PROJECT be asserted against one of the parties, the parties agree to extend the
fixed termination date of this Agreement, until such time as the construction related
claims are settled, dismissed or paid.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
WILL KEMPTON
Director of Transportation
By:
IDA BELL
Deputy District Director
Capital Outlay Program
Approved as to form and procedure:
Attorney
Department of Transportation
Certified as to available funds:
District Budget Manager
District Agreement No. 12 -562
CITY of NEWPORT BEACH
Mayor
Attest:
City Clerk
Approved as to form and procedure:
Attorney [or Con e
District Agreement No. 12 -562
EXHIBIT A
COST ESTIMATE
Item
State
City
Construction Capital
$0
$4,525,000
Construction Support
$0
$53,000
Right -of -Way Capital*
$0
$772,000
Total
$0
$5,350,000
* Right -of -Way estimate is based on property appraisal value and has not been
negociated with property owners.