HomeMy WebLinkAbout08 - C-2886 Newport Blvd-Coast Hwy ImprovementsJanuary 9, 2001
CITY COUNCIL AGENDA
ITEM NO. 8
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: NEWPORT BOULEVARD/WEST COAST HIGHWAY "ARCHES"
INTERSECTION DRAINAGE IMPROVEMENTS - AMENDMENT TO
COOPERATIVE AGREEMENT NO. 12 -335 WITH STATE OF CALIFORNIA,
CONTRACT NO. 2886
RECOMMENDATIONS:
1. Approve Amendment A -2 to Cooperative Agreement No. 12 -335 with the State of California
2. Authorize the Mayor and the City Clerk to execute the Amendment to the Agreement.
DISCUSSION:
The City contracted with Brutoco Engineering and Construction, Inc, to construct the "Arches"
Interchange project. After the contract had been awarded and was under construction, the City
entered into an agreement with the State of California to construct reinforced concrete box storm
drain facilities across West Coast Highway. Brutoco performed the work for the City by change order
and under both City and Caltrans supervision.
Recently, the State extended both ends of the storm drain facilities constructed by Brutoco and
discovered that Brutoco had not removed some of the construction forms or finished all of the interior
surfaces of the concrete box structures. The State authorized their contractor to perform the work by
a change order totaling $14,400 for labor and materials.
The State has requested the City to reimburse them for the change order required for their contractor
to complete the work, and has forwarded the attached Amendment A -2 to Cooperative Agreement
No. 12 -335 for execution. Brutoco accepts responsibility for the work that they did not complete
under the City contract and has agreed to the $14,400 charge. They contend that the Caltrans and
City field representatives were aware of this situation and consented to the work being done by
Caltrans at a later time. The City has withheld $14,400 from Brutoco's retention to cover the cost of
the State's change order work. There are no added charges that the City assumes as a part of this
agrreement.
Rnully4v
Public Works Department
Don Webb, Director
By:_4
Lloyd P61ton, Project Engineer
Attachment: Amendment to Agreement
12 -ORA -1 KP 31.80 (PM 19.76)
Drainage Improvements within the
Route 1 / Route 55 Interchange
12221 - 074801(074811)
District Agreement No. 12 -335 A -2
AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT, entered into on 20
between the STATE OF CALIFORNIA, acting by and through its Department:, of
Transportation, referred to herein as STATE, and j
CITY OF NEWPORT BEACH,
a body politic and municipal
corporation of the State of California,
referred to herein as CITY
District Agreement No. 12- 335 -A2
RF.CTTAT.S
STATE and CITY entered into a Cooperative Agreement (District Agreement No. 12-
335, Document No. 014210) on May 27, 1998, said Agreement defining the terms and
conditions of a cooperative project to construct drainage improvements on Route 1 as a
contract change order for the Route 55/Route 1 separation project, referred to herein as
"IMPROVEMENTS ".
2. Said Agreement set STATE's total IMPROVEMENTS obligation at $1,341,820 and it
was determined that STATE's total IMPROVEMENTS obligation exceeded that amount.
3. Subsequently, STATE and CITY entered into an Amendment A -1 to Agreement
(District Agreement No. 12 -335 A -1, Document No. 014539) on September 28,1999,
said Amendment A -1 defining the terms and conditions of a cooperative project to revise
specified amount in Article 15 of Section I from $1,341,820 to $1,368,267.
4. The purpose of this Amendment A -2 to Agreement is to provide a refund to STATE for
the complete removal and disposal of forms and completion of concrete finishing work
performed on CITY's behalf for which CITY was previously paid.
IT IS THEREFORE MUTUALLY AGREED:
1. The STATE has fulfilled its obligation in the amount specified in Article 15 of Section I
of the Agreement No. 12 -335 and by subsequent Agreement No. 12 -335 A -1.
2. The CITY will reimburse STATE, in the amount of $14,400, for the complete removal
and disposal of forms and completion of concrete finishing work. (Ref. EXHIBIT A -2)
3. The other terms and conditions of Agreement No. 12 -335 (Document No. 014210) and
Agreement No. 12 -335 A -1 (Document No. 014539) shall remain in full force and effect.
This Amendment A -2 to Agreement is hereby deemed to be a part of Document No.
014210.
1
STATE OF CALIFORNIA
Department of Transportation
JEFF MORALES
Director of Transportation
BY:
GAIL FARBER
Acting District Division Chief
Design
District Agreement No. 12- 335 -A2
CITY OF NEWPORT BEACH l
BY:
Mayor
Attest:
City Clerk
APPROVED AS TO FORM AND PROCEDURE: APPROVED AS TO FORM:
Attorney
Department of Transportation
CERTIFIED AS TO FORM AND PROCEDURE:
Accounting Administrator
CERTIFIED AS TO FUNDS:
District Budget Manager
2
City Attorney
District Agreement No. 12- 335 -A2
EXHIBIT A2
COST SUMMARY
STATE ALLOCATION OF CONSTRUCTION COST
STATE ALLOCATION FROM COOP AGMT 12 -335 = $1,341,820
ADDITIONAL STATE ALLOCATION (COOP AGMT 12- 335 -A1)= $26,447
CITY REIMBURSEMENT (COOP AGMT 12- 335 -A2)= ($14,400)
TOTAL STATE ALLOCATION OF CONSTRUCTION COST = $1,353,867