HomeMy WebLinkAboutC-1205(C) - Financing agreement for Construction of Jamboree Road, Palisades, MacArthur extensioni
iop 13810
TO: CITY COUNCIL By the CITY COUNCIL
FROM: Public Works Department CITY OF NEWPORT BEACFI
April 13, 1970
SUBJECT: JAMBOREE ROAD CONSTRUCTION - PALISADES ROAD TO MAC ARTHUR BOULEVARD
C -1205
RECOMMENDATIONS:
1. Adopt a resolution authorizing the Mayor and City Clerk
to execute a cooperative agreement with the State of
California for the subject project.
2. Adopt a minute action authorizing the Mayor and City
Clerk to execute a right of way certification for the
subject project.
DISCUSSION:
On January 12, 1970, the Council authorized the staff to negotiate a cooperative
agreement with the State Division of Highways to cover additional costs involved in
modifying the subject project to conform with the Corona del Mar Freeway design. The
agreement provides for the State to pay the additional construction costs, estimated at
$51,000 and the additional engineering costs, a maximum fee of $50500.
The subject project will also be partially financed by the County of Orange
Arterial Highway Financing Program (AHFP). One of the requirements of the AHFP is a
certification by the City Council that the necessary right of way is available,and that
the County will not be held responsible for any liability arising from the use of the
right of way. The subject certification is in the form requested by the County.
h Devlin
c L ks Director
..
0
TO: FINANCE DIRECTOR
FROM: City Cleric
SLEJECT: Contract No. 0-1205
P
DATE April 28, 1970
Description of Contract (ppp@mtiye Fj,namjng Agreement for
oauatnuetian of Jmeboree Road between
Palisades and MacArthur
Authorized by Resolution No. 7165 , adopted on 4 -13-70
Effective date of Contract April 13, 1970
Contract with
Addres
Amount of Contract $51, 000.00 Amount to be deposited by State
city e c
C O O P E R A T I V E A G R E E M E N T
— — — — — — — — — — — — — — — — — —
07- Ora -73 R2.9/R3.8
0.1 mi. S. Bonita Canyon Road
to Jamboree Road
07208 - 036121
THIS AGREEMENT IS MADE AND ENTERED INTO
ON THIS �, DAY OF/��, 197 61,
BY AND BETWEEN //��
AND
WITNESSETH
District Agreement No. 2547
CITY OF NEWPORT BEACH
a body politic and municipal
corporation of the State of
California, hereinafter
referred to as "CITY ".
STATE OF CALIFORNIA,
acting by and through its
Business and Transportation
Agency, Department of Public
Works, Division of Highways,
hereinafter referred to as
"STATE ".
WHEREAS, CITY has prepared plans and will award a contract
for the construction of Jamboree Road between Palisades Road and
MacArthur Boulevard in the City of Newport Beach, Orange County,
California; aforesaid construction to be referred to hereinafter as
PR04ECT, and
•
WHEREAS, STATE is planning the construction of the
Route 73 Freeway between 0.1 mile south of Bonita Canyon Road and
Jamboree Road; and
WHEREAS, reconstruction of PROJECT will be necessary in
order to accommodate construction of the Route 73 Freeway; and
WHEREAS, STATE desires and is willing to pay the cost
of modifying the,CITY's plans and construction of PROJECT to
conform to Freeway requirements, hereinafter called MODIFICATIONS;
and
WHEREAS, MODIFICATIONS will consist of adjustments to
the planned vertical alignment to PROJECT and adjustments in
grade of CITY's water main located within PROJECT, the limits
of which MODIFICATIONS are shown on Exhibit "B ", which is attached
hereto and by this reference made a part of this Agreement; and
WHEREAS, the cost estimate of construction of MODIFI-
CATIONS is set forth in Exhibit "A" which is attached hereto and
by this reference made a part of this Agreement; and
WHEREAS, STATE will benefit from MODIFICATIONS by minimizing
the reconstruction required on Jamboree Road with the Route 73 Freeway
construction; and
WHEREAS, CITY will benefit from MODIFICATIONS by minimizing
the inconvenience to public traffic which would be caused by recon-
struction; and
WHEREAS, CITY is willing to include MODIFICATIONS in
PROJECT; and
WHEREAS, it is in the mutual and best public interest
that MODIFICATIONS be included as part of PROJECT, and
- 2 -
WHEREAS, STATE and CITY do mutually desire to cooperate
and jointly participate in MODIFICATIONS and desire to specify
herein the terms and conditions under which MODIFICATIONS shall be
designed, constructed, financed and maintained.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, the parties hereto agree as follows:
SECTION I
STATE AGREES:
A. To bear the cost of design and construction of
MODIFICATIONS as set forth hereinafter in Sections III.E and III.F.
B. To deposit with CITY within 30 days of receipt of
billing therefor, but not before May 1, 1970, the amount of
five thousand five hundred dollars ($5,500.00), representing the
estimated cost for design of MODIFICATIONS.
C. To deposit with CITY, within 30 days of receipt of
billing therefor, but not before May 1, 1970, the amount of
Fifty one thousand dollars ($51,000.00), the estimated cost of
construction, including the cost of construction engineering, admini-
stration and overhead of MODIFICATIONS, as shown on Exhibit "A".
SECTION II
CITY AGREES:
A. To prepare all plans, and specifications required to
construct MODIFICATIONS and to submit said plans and specifications
to STATE for approval prior to advertising PROJECT.
B. To furnish or cause to be furnished all labor,
materials, tools, and equipment necessary to construct MODIFICATIONS
in accordance with said approved plans and specifications and the
provisions of.this Agreement.
- 3 -
C. To notify STATE in writing 15 days prior to the start
of PROJECT.
D. At no cost to STATE, to make arrangements for and
cause relocation, modification, or adjustment, of utilities, except
as provided herein, which conflict with the construction of PROJECT.
E. To indemnify and hold STATE harmless from any claims
of damage to person or property caused by any drainage diversion
by reason of construction of MODIFICATIONS.
F. To acquire at no cost to STATE all necessary rights
of way required to construct MODIFICATIONS.
G. To accept maintenance responsibility for MODIFICATIONS
constructed pursuant to this Agreement.
SECTION III
IT IS MUTUALLY UNDERSTOOD AND AGREED
A. That this Agreement does not relieve CITY of its
responsibility of obtaining all necessary permits for construction
of PROJECT.
B. That if STATE's cost as shown on Exhibit "A" after
the receipt of bids on PROJECT does not exceed the estimated cost
of MODIFICATIONS by more than twenty -five percent (258) CITY may
award a contract for PROJECT.
If, however, said estimated cost of MODIFICATIONS as
shown on Exhibit "A" is exceeded by more than twenty -five percent
(258), CITY may still award a contract and STATE have the option
of either:
(1) Request within 5 days after notification in
writing'by CITY of the additional cost.involved
4
that MODIFICATIONS be deleted from PROJECT. STATE
shall assume the cost of all expense incurred by
CITY on behalf of STATE including any cost incurred
by CITY in a change order with CITY's contractor
for deleting MODIFICATIONS. These costs shall
be deducted from STATE's deposited funds as
specified hereinabove, and the balance thereof
promptly refunded by CITY to STATE.
(2) Assume the additional cost and deposit additional
funds upon demand by CITY therefor if Option (1)
is not exercised within the time limit specified
therein.
C. That if upon receipt of bids, it is found that the
amount deposited by STATE pursuant to SECTION I.0 is in excess
of the sum of:
(1) The estimated cost of construction of MODIFICATIONS
based on bid prices contained in the apparent low
bid and the estimated quantities shown on
Exhibit "A "; and
(2) Contingencies in the amount of five percent (58)
of said estimated construction cost; and
(3) Construction Engineering, Administration and
overhead computed as nine percent (9 %) of said
estimated construction cost,
the overdeposit shall be refunded by CITY to STATE upon receipt
of written request. If said sum exceeds the amount deposited by
STATE, excepting as provided in Section III.B, STATE will promptly
upon demand therefor, pay said excess to CITY. If said excesses
s
in either case are less than one thousand dollars ($1,000), no
adjustments will be made prior to final accounting.
D. That CITY shall notify STATE in writing within 90 days
after completion of PROJECT:of the estimated date when the final
accounting for the cost of construction of MODIFICATIONS will be
submitted. If, at the time said notice is given, an overdeposit
exceeding one thousand dollars ($1,000) is apparent and final
accounting is to be delayed more than 180 days, the overdeposit
shall be returned by CITY to STATE on demand. The final accounting
shall be presented as promptly as possible after the date of com-
pletion of PROJECT.
E. That the cost for design (including all direct and
indirect costs attributable to such work).of MODIFICATIONS,
shall be based upon actual cost to CITY and shall not exceed five
thousand five hundred dollars ($5,500). The CITY's accounting for
such cost shall be presented as promptly as possible once cost
becomes determinable. If said cost is less than five thousand five
hundred dollars ($5,500), CITY will promptly refund to STATE the
excess amount deposited as provided in Section I.B.
F. That CITY shall present to STATE a final accounting
of the actual cost of construction of MODIFICATIONS promptly after
such costs become determinable. The actual cost of construction
of MODIFICATIONS to STATE shall be computed as the sum of the
following costs:
6
(1) The cost of construction of MODIFICATIONS computed
' on the basis of actual items and quantities
involved and unit bid prices of CITY's
contractor.
(2) The actual cost of extra work or change orders
agreed on in accordance with paragraph III.G
hereof.
(3) The cost of construction engineering, administration
and overhead computed as nine percent (98) of
the total cost payable by STATE under paragraphs
III.F.1 and III.F.2 hereof.
G. That any changes requested by STATE or CITY hereto
in the construction of MODIFICATIONS that may become necessary or
desirable prior to completion of the work shall require the written
approval of both STATE and CITY. The cost of the aggregate of
such approved changes, if within the amount provided for contingency
items may be taken from said amount. If the cumulative cost of
approved changes, plus engineering, administration and overhead
attributable hereto, at anytime exceeds the amount provided for
contingencies by more than one thousand dollars ($1,000), STATE
will, upon receipt of claim therefor, deposit with CITY the amount
by which said cost exceeds the amount provided for contingencies.
H. That the obligations of STATE pursuant to this
Agreement are contingent upon the allocation of funds by the
California Highway Commission.
I. That during construction of PROJECT, CITY will furnish
- 7 -
a Resident Engineer to perform the usual function of a Resident
Engineer, and STATE may also furnish a Resident Engineer, and that
said Resident Engineers will cooperate and consult with each other,
but the orders of CITY's Engineer to the contractors or other persons
in charge of PROJECT will be final.
J. That should any portion of the project be financed
with Federal Funds or State Gas Tax Funds all applicable procedures
and policies relating to the use of such funds shall apply notwith-
standing other provisions of this Agreement.
K. That CITY will comply fully with all the provisions
of "Appendix A ", attached hereto and by this reference made a part
of this Agreement, with the understanding that wherever the word
"Contractor" occurs in said Appendix "A ", it shall be deemed to
mean CITY.
L. That neither STATE nor any officer or employee thereof
shall be 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 also understood and agreed that,
pursuant to Government Code Section 895.4, CITY shall fully indemnify
and hold STATE harmless from any liability imposed for injury (as
defined by 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.
M. That neither CITY nor any officer or employee thereof,
is responsible for any damage or liability occurring by reason of
- 8 -
anything done or omitted to be done by STATE under or':in connection
with any work, authority,or jurisdiction not delegated to CITY
under this Agreement. It.is also understood and agreed that, pursuant
to Government Code Section 895.4, STATE shall fully indemnify and
hold CITY harmless from any liability imposed for injury (as
defined by Government Code Section 810.8) occurring by reason
of anything done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction not delegated ,
to CITY under this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed by their respective officers, duly
authorized, the provisions of which Agreement are effective as of
the day, month and year hereinabove written.
STATE OF CALIFORNIA CITY OF NEWPORT BEACH
Department of Public Works
Division of Highways
J. A. LEGARRA BY
State Highway Engineer Mayor
A. L. MIMELMOCM
DEPUTY DISTRICT llmatm m1 /
FOR By
Distridt Engineer
Attest:
City C er
Approved as to Form
and Procedure
- 9 -
Cit ttorne3
R3. 8 r_
APPENDIX A Co. Route P.M.
During the performance of this contract, the contractor, for itself, its
assignees and successors in interest (hereinafter referred to as the "contrac-
tor"), agrees as follows:
(1) Compliance with Regulations: The contractor will comply with the
Regulations of the Department of Commerce relative to nondi, se rimina.
tion in federally - assisted programs of the Department of Commerce
(Title 15, Code of Federal Regulations, Part 8, hereinafter referred to
as the Regulations), which are herein incorporated by reference and
made a part of this contract.
(2) Nondiscrimination: The contractor, with regard to the work performed
by it after award and prior to completion of the contract work, will
not discriminate on the ground of race, color, or national origin in the
selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor will not participate
either directly or indirectly in the discrimination prohibited by Section
8.4 of the Regulations, including employment prqctices when the con-
tract covers a program set forth in Appendix A -II of the Regulations.
(3) Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negoti-
ation made by the contractor for work to be performed under a sub-
contract, including procurements of materials or equipment, each
potential subcontractor or supplier shall be notified by the contractor
of the contractor's obligations under this contract and the Regulations
relative to nondiscrimination on the ground of race, color or national
origin.
(4) Information and Reports: The contractor will provide all information
and reports required by the Regulations, or orders and instructions
issued pursuant thereto, and will permit access to its books, records,
accounts, other sources of information, and its facilities as may be
determined by the State Highway Department or the Bureau of Public
Roads to be pertinent to ascertain compliance with such Regulations,
orders and instructions. Where any information required-of a contractor
Is in the exclusive possession of another who fails or refuses to furnish
this information, the contractor shall so certify to the State Highway
Department, or the Bureau of Public Roads as appropriate, and shall
set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the contractor's noncom-
pliance with the nondiscrimination provisions of this contract, the State
Highway Department shall impose such contract sanctions as it or the
Bureau of Public Roads may determine to be appropriate, including,
but not limited to,
(a) withholding of payments to the contractor under the contract until
the contractor complies, and /or
(b) cancellation, termination or suspension of the contract, in whole
or in part.
(6) Incorporation of Provisions: The contractor will include the provisions
of paragraph (1) through (6, in every subcontract, including procure-
ments of materials and leases of equipment, unless exempt by the Regu-
lations, order, or instructions issued pursuant thereto. The contractor
will take. such action with respect to any subcontract or procurement
as the State Highway Department or the Bureau of Public Roads may
direct as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that, in the event a contractor be-
comes involved in, or is threatened with, litigation with a subcontractor
or supplier as a result of such direction, the contractor may request the
State to enter into such litigation to protect the interests of the State,
and, in addition, the contractor may request the United States to enter
into such litigation to protect the interests of the United States.
FORM H -IC -51 4/67
EXHIBIT "A"
Cost Estimate
of Construction
of Modifications
Estimated
Estimated
Item
Quantity
Unit Unit Cost
Amount
1.
Roadway Embankment
37,150
C.Y. $ 0.75
$27,862.50
2.
14" Asbestos Cement
957
L.F. 12.00
11,484.00
Pipe (Class 150)
3.
14" Gate Valve
1
EA 1,000.00
1,000,.00
4.
22" x 13" Corrugated Metal
124
L.F. 15.00
1,860.00
Pipe Arch (12 Gage)
Bituminous Coated
5.
54" Reinforced Concrete
25
L.F. 42.00
1,050.00
Pipe (1300,D)
6.'
84" Reinforced Concrete
12
L.F. 76.00
912.00
Pipe (1350D)
$44,168.50
58 Contingencies
2,208.43
Estimated
Construction Cost
$46,376.93
Construction
Engineering,
Administration and
overhead. 98
of estimated
construction cost.
$ 4,173.92
Total
$50,550.85
Amount to be
deposited by State
$51,000.00
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I
April 27, 1970
TO: CITY CLERK
FROM: Public Works Department
SUBJECT: COOPERATIVE FINANCING AGREEMENT FOR JAMBOREE ROAD
CONSTRUCTION - PALISADES TO MACARTHUR
C- 1205 -C3
Attached are two fully executed copies of the subject agreement.
The original should be retained for your files and the copy
should be forwarded to the Finance Department.
Don L. Webb
Project Engineer
DLW /em
Att:
0
City Clerk
Public Works Director
Attn: Don '.'ieuL
City Clerk
April 14, 1970
Enclosed are two copies each cf '7ooperativo ,3gxcement with the State
for the construction of Jamboree Road between Palisades Road and
MacArthur Boulevard (C- 1205), Resolution No. 7166 authorizing
execution of said agreem -at an,! .iUght of away Certification.
�l.�?�:: �' l� -`.YG� F� �vn �_�.���;%f —c�L mom. r�^.✓ �Lc�,d- .- �u�(�vC
Laura L.agios
LL:dg
Encls.
STATE OF CALIFORNIA - TRANSPORTATION AGENCIP • RONALD REAGAN, Governor
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS I
DISTRICT 7, P.O. BOX 2304, 105 ANGELES 90054 April 2, 1970
07- Ora -73 R2.9/R3.8
0.1 Mi. S. of Bonita
Canyon Road to Jamboree
Rd.
07208 - 036121
Mr. Joseph T. Devlin
Director of Public Works
City of Newport Beach
3300 W. Newport Blvd.
Newport Beach, CA
Attention: Mr. Don Webb
Gentlemen:
Transmitted herewith are the original and three copies of
the proposed cooperative agreement between the State and the
City of Newport Beach for construction of Jamboree Road
between Palisades Road and MacArthur Boulevard. The
original and two copies are to be executed by the City and
returned for execution by the State. The third copy can be
retained for your records.
In addition, please return two copies of the Resolution by
the City Council authorizing execution of the agreement.
Very truly yours,
W. R. HASHIMOTO
Assistant District Engineer
Attach.
RLS01 161 W, 7 16 6
A RLSGLUrION Or TIM CITY ct3tJ1VCIL Or THE CITY
OF NEWPUAT ARAOR AVTWMIM THE EXEMIGN
A CWFF.1A -4nVE AGAEENW BETWEEx To CITY QW
IWWPW BLACH ANN THE STATE ter CALIMINIA IM
TS CWST UCTION OF JAMBOREE ROAD WAKEY
MUAM ROAD AhO MAC ARTHUR BWIRIPARDs
cont'it a 1o. C -1205
WHEREAS, there has been presented to Cite aty Council
of ttw City of Newport Beach a certain cooperative agreement
between the City of Newport BescA and the State of California
for the construation of Jamboree Bead beLween Faliaaades load and
MacArthur Bouleva"I and
iiHFaWO the City Council has considered the terms and
conditions of said cooperative agreement and found theta to be
fair and equitable;
tOVO TVZRMUO BE IT DISSOLVED that said cooperative
agreement for the servioes. above. described is gTroved, anal the
Mayor And City Clark are hereby authorized and diraastad to execute
the same on behalf of the City of Newport Beach.
ATTESTt
City er
AiOMI) this nth day of April 1970.
2790 M
RIGHT of WAY CERTIFICATION
0
The CITY OF NEWPORT BEACH hereby certifies. * connection
with the right of way for Project 501, Jamboree Road Construction -
Palisades Road to MacArthur Boulevard, that:
1. All work funded by the Arterial Highway FlAancing
Program is within the existing right of way and no
additional right of way is necessary.
2. Improvements as shown on the contract drawings`
and described in the contract specifications exist within
the existing right of way but will not interfere with
construction or will be removed as a part of the contract,
In making this certification, the City of Newport Beach
agrees to hold the County harmless from any liability which may
arise by reason of the County's reliance upon this certificate
and its use of said rights of way.
DATED: ,.(ii. /4 1`/ -7(' , 1970.
CITY OF NEWPORT BEACH
mayor
ATTEST:
UE Clerrk lr�`
49/79
CITY OF NEWPORT BEACH
CITY ATTORNEY
Department �.
TO City Clerk DATE: April 9, 1970
FROM-, City Attorney
SUBJECT: Resolution re cooperative agreement with the State of
California for construction of Jamboree Road between
Palisades Road and MacArthur Boulevard and a Right of
Way Certification for Project 501, Jamboree Road
construction
Forwarded are copies of a resolution and right of way certification
in connection with the above subject.
It is understood that this matter has been placed on the Council
agenda for the meeting of April 13, 1970.
TIILLV'H. SE UR
City Attorney
THS:eg
Att.
cc: City Manager
Public Works Director
lyiU
January 12, 1970
By fhe CITY COUNCIL
T0: CITY CITY. fh9rLNEWPORT BEACH
FROM: Public Works Department
SUBJECT: JAMBOREE ROAD CONSTRUCTION - PALISADES ROAD TO MAC ARTHUR BOULEVARD
C -1205
RECOMMENDATIONS:
Authorize the staff to negotiate a cooperative agreement
with the State Division of Highways to cover additional
costs involved in modifying the subject project to conform
with the Corona del Mar Freeway design.
Authorize the Public Works Department to change the scope
of the work for the design of the subject project and
increase the maximum fee for engineering services.
DISCUSSION:
The State Division of Highways has requested that the profile elevation of
the Jamboree Road extension northerly of Palisades Road be raised to allow for the
future construction of freeway facilities. The cooperative agreement to be negotiated
with the State will provide for the State to pay the City for all engineering and
construction expenses incurred due to the change in profile. The construction of the
project to the grades required by the freeway will eliminate the need for complete
reconstruction of Jamboree Road at the time the freeway is constructed.
The project is presently in the final stages of design by VTN, Orange County.
Extensive redesign and drafting will be required to change the profile. A proposal
received from VTN proposes to do the necessary work at standard hourly rates with the
total cost not to exceed $5,500.00. The present agreement with VTN has provisions
which allows the Public Works Director to change the scope of the project and increase
the maximum fee.
The proposed changes will not increase the City's share of the project costs.
It is estimated that the proposed changes by the State will delay final construction of
the project by 2 months.
l
vlin
Director