Loading...
HomeMy WebLinkAboutC-1222 - Construction of the Jamboree Road Bridge at the San Diego Creek ChannelW, 186049 COPY No. 2- K-COND PARTY 1 SUPPLEMENTAL AGREEMENT 2 TO 3 That JOINT POWERS AGREEMENT NO. BA63F5 -1079 dated November 1, 4 1963, and entered into 5 BY AND BETWEEN t. 6 ORANGE COUNTY FLOOD CONTROL DISTRICT, hereinafter referred to as "DISTRICT ", 7 AND 8 CITY OF NEWPORT BEACH, hereinafter referred to as "CITY ". 9 FOR 10 Construction of the Jamboree Road Bridge 11 at the San Diego Creek Channel 12 W I T N E S S E T H: 13 ---- - - - - -- 14 WHEREAS, Agreement BA63F5 -107 defined DISTRICT's share of 15 bridge cost as the 259.6/339.6 fraction of the actual payments made to 16 the Contractor for the cost of construction of the substructure and 17 superstructure, wingwalls and abutments and incidental appurtenances 18 thereto, plus 10% of the above DISTRICT share as compensation to CITY 19 for costs of engineering, administration, and inspection. Total cost 20 to the DISTRICT was estimated at $125,000 and could not exceed 21 $137,500 without written concurrence; and 22 WHEREAS, on the basis of bids received by CITY, DISTRICT's 23 share, including engineering, was computed to be $163,700. Expenditure 24 in this approximate amount was subsequently authorized by Order of 25 DISTRICT's Board of Supervisors, dated November 3, 1964; and 26 WHEREAS, CITY has computed DISTRICT's share of bridge costs 27 from the contract item final quantities at bid prices, and including 28 Contract Item No. 28, Construction Surveys - an item susceptible of 29 being an engineering cost. DISTRICT share on this basis would be 30 $151,752.46 plus 10% for a total of $166,927.71; and 31 WHEREAS, actual payment to the contractor for bridge construc- 32 tion was less than the sum obtained by multiplying final quantities by 1 respective bid prices by reason of: 2 (1) Change Order No. 7 which imposed the following conditions 3 upon the contractor: 4 (a) a $5700 price reduction to compensate CITY for 5 possible future bridge widening costs; 6 (b) a $25,529.13 price reduction to compensate CITY for 7 loss of A.H.F.P. participating funds. 8 (2) Change Order No. 7a which reduced total price reductions 9 of Change Order No. 7 by the sum of $762.00. 10 (3) A liquidated damage assessment of $11,750.00 withheld and 11 approximately $4470.00 of which may be pro - ratable to 12 bridge construction. 13 14 AND WHEREAS, as a result of the foregoing a dispute exists 15 between the parties hereto as to the final cost shares of CITY and 16 DISTRICT. 17 NOW, THEREFORE, the parties hereto agree that to resolve said 18 dispute, DISTRICT's share of bridge construction cost is fixed at the 19 total amount of $162,500.00. 20 IN WITNESS WHEREOF, the parties hereto have caused this 21 Supplemental Agreement to be executed by their respective officers, 22 duly uthorized b DISTRICT this Z -k Y Y ,�D � day of / /[.cZ�_ 23 1969, and by CITY this ;z6Tiy day of /iPlfjA- 1969. 24 25 26 27 28 29 30 31 32 -2- '800.13 a� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 APPROVAL RECOMMENDED jIANIM SIGNED BY H. G. OSBORNE H. G. Osborne, Chief Engrn—eer APPROVED AS TO FORM ADRIAN KUYPER COUNTY COUNSEL ORANGE COUNTY CALIFORNIA M I ORANGE COUNTY FLOOD CONTROL DISTRICT By /W - . ATTEST: W. E. ST JOHN, County Clerk and ex- officio Clerk of the Board of Supervisors of the Orange County Flood Control District By �'7'1 L-11 eputy CITY OF .&.O. A. By 11 -3- MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA May 20, 1969 i . /1691 -67 IN RE: NOTICE OF COMPLETION RELOCATION OF COLONIA MUTUAL WATER COMPANY FACILITIES AT GILBERT STREET AND PACIFIC PLACE M. L. GARTEN, CONTRACTOR On motion of Supervisor Phillips, duly seconded and unanimously carried by Board members present, the letter dated May 13, 1969, from the Road Commissioner and County Surveyor, stating that the Contract for relocation of all facilities of the Colonia Mutual Water Company, situate within the proposed road right -of -way to 32' W/o Centerline of Gilbert Street approximately 250' S/o Pacific Place, with M. L. Garten, Contracto , has been satisfactorily completed on April 16, 1969, is received and ordered filed and the work accepted. The Chairman and the Clerk are authorized to sign the Notice of Completion. IN RE: PERMIT LANDSCAPING AND RECREATIONAL USE OF PORTION OF SANTA ANA RIVER CHANNEL FETT On motion of Supervisor Phillips, duly seconded and unanimously carried by Board members present, the Chairman and the Clerk are authorized to sign Permit No. 08969, dated May 20, 1969, permitting Charles P. Fett, 134 South Trevor Street, Anaheim, California, use of District property for gardening and recreation purposes on a portion of Santa Ana River Channel. IN RE: SUPPLEMENTAL AGREEMENT JAMBOREE ROAD BRIDGE CONSTRUCTION ACROSS SAN DIEGO CREEK CHANNEL ORANGE COUNTY FLOOD CONTROL DISTRICT CITY OF NEWPORT BEACH On motion of Supervisor Allen, duly seconded and unanimously carried by Board members present, the Chairman and the Clerk are authorized to sign the Supplemental Agreement, dated May 20, 1969, to Joint Powers Agreement No. BA63F5 -107, dated November 1, 1963, between the Orange County Flood Control District and the City of Newport Beach, for construction of the Jamboree Road Bridge at the San Diego Creek Channel. F2ci,'c�J'�U MAY 23 1969 • 1012-2 .] TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1222 Description of Contract Authorized by Resolution No. Effective date of Contract Contract with Address • LATE June 2, 1969 Supplemental Agent to Joint Powers Agreement 6967 , adopted, on April 28, 1969 May 209 1969 Onmge County Flood Omtmi District 615 N. Syc&Wm Santa Ana, Calif. Amount of Contract $1629500.00 City le c , ih Attached: Copy of Contract 1222 0 0 April 28, 1969 TO: CITY COUNCIL �E 3 e/) FROM: Public Works Department 1 SUBJECT: JAMBOREE ROAD BRIDGE CONSTRUCTION AT SAN DIEGO CREEK (C -847, C -876) RECOMMENDATION: Adopt a resolution authorizing the Mayor and the City Clerk to execute a supplementary agreement with the Orange County Flood Control District redefining the financial obligations for the subject construction. DISCUSSION: Agreement No. C -876 (County No. BA63 -FS -107) between the City and the Orange County Flood Control District, executed November 5, 1963, provided for the Flood Control District to pay for approximately three - quarters of the cost of the first Jamboree Road Bridge over San Diego Creek. The City and the Arterial Highway Financing Program were to share equally the remaining cost. During the construction of the bridge, problems arose which necessitated the execution of several change orders, which in effect reduced the overall cost of the bridge, making the provisions of the original agreement inequitable. The subject agreement redefines the Flood Control Districts financial obli- gations, correctly representing the original intent of the first agreement. Under the terms of the supplemental agreement the District's share of the bridge cost is established at $162,500 with the City's share then being $23,300. seph T evlin blic W s Director ldg CITY OF NEWPORT BEACH DEPARTMENT Date usp 9- 1126a NO. TO: Public War Director Attn: Don Webb City Mort SUBJECT, &MamentorY Apvasoot with ftw4aftnty nood ftftel District. (C-976 C.1) Attached an ariginal and -r-f copies of subject aNresaezt fbr trwodttal to the Orange Ommty Flood Cmtr*l MsUtetf 7he City Onsicil authorized the execution of sub eat spesmut by tie adoption of Insaution No. 6967, of which a certified aW Is attached. Plasm nnum a fully smaded copy to our offics for our film. Mr1h kttl(4) FROM: =.ty AttarasY SUBJECT. vatiw r .E Jaffe :; g2tad Str�eat, 4 5un Attlahad are re�oiut'_+T ' ag R 1 + a�r+w1l�t �dt3e. fot1 t aasbol�. to s 114). pg .T .. 2.. ABTP rsasa a€ -fi3 COM� of Ma Stze®t ~s,uioa 3. ; Suppl4�tmttal � � 1 District ra# consttwtiaa Of too � Cr*& Cham orl Asst rney TL ;a I Attacbmwd C. ct City NAna sr Public Works 8iMtOr„ . k � J l rA F r m m _ Don L. Webb Project.Engineer DLW /em !J^"tcadY:aul+e�,a.- 5`utc�a"