HomeMy WebLinkAboutC-1538 - Right of Entry agreement for installing traffic signals, in connection with Contract 1476CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Hivd,
Area Code 714
673 -2110
DATE: June 19, 1973
T0: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1538
Description of Contract Right-of -1 try and Reimbursement Pgreement
P for the - instal }atj= Of m'APf;e Signals
Authorized
by
Resolution No.
8003
, adopted on
Effective
date
of Contract
June
14, 1973
Contract with The Irvine Canpany
6 -11 -73
Address 550 Newport Center Drive, Newport Beach, 1A
nnn
and licit
Amount of Contract See Page 7 and Exhibits . ,
V -City Cletk
0 0
City Clerk
Public Works Department
Attn: D. Webb
City Clerk
June 15, 1973
Enclosed are three executed copies of Reimbursement and Right of
Entry Agreement for traffic signals on Newport Center Drive and on
Santa Cruz Drive for transmittal to the Irvine Company and for your
files. Said agreement was authorized by the City Council on June 11,
1973 by the adoption of Resolution No. 8003.
Laura Lagios, C. M. C.
LL:dg
Encl.
AGREEMENT
(REIMBURSEMENT AND RIGHT OF ENTRY)
THIS AGREEMENT, made and entered into this _! /T,// day of
1973, by and between the CITY OF NEWPORT BEACH, a municipal corporation, herein-
after designated "City," and THE IRVINE COMPANY, a West Virginia corporation,
hereinafter designated as "The Company."
WITNESSETH
WHEREAS, City proposes to or has installed traffic signals at the
intersections of the following arterial streets: Newport Center Drive and
Newport Center Drive East - Newport Center Drive West, hereinafter designated
as "Location 1 ", Newport Center Drive East and Santa Rosa Drive, hereinafter
designated as "Location 2 ", and San Joaquin Hills Road and Santa Cruz Drive,
hereinafter designated as "Location 3 "; and,
WHEREAS, City has installed the traffic signal at Location "1" in
accordance with the plans and specifications for Contract No. 1403 and Drawing
No. T- 5060 -S, Sheets 1 through 6, dated December 29, 1971; and,
WHEREAS, City proposes to install the traffic signal at Location "2"
in accordance with the plans and specifications for Contract No. 1475 and
Drawing No. T- 5064 -S, Sheets 1 and 2, dated March 15, 1973; and,
WHEREAS, City proposes to install the traffic signal at Location "3"
in accordance with the plans and specifications for Contract No. 1476 and
Drawing No. T- 5066 -S, Sheets 1 through 5, dated March 15, 1973; and,
WHEREAS, the entrances to Newport Center which are opposite Newport
Center Drive and Santa Rosa Drive are not dedicated public rights of way and
are owned by the Company and the entrance to Big Canyon which is opposite
Santa Cruz Drive is not a dedicated public right of way and is owned by the
Company; and
WHEREAS, City Council Policy number F -9 covering the financing of
capital improvements provides in general provision number 3, the following:
"Where private streets or private entrances occur at the
intersection of two arterial streets, the developer will
be required to pay only for the additional signal work
required to signalize his entrance: "and,
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WHEREAS, City and the Company wish to establish the Company's share
of the cost for the traffic signal installations at Locations 1, 2 & 3,
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
1. The Company shall pay for that portion of the traffic signal in-
stallations at Locations 1, 2 & 3 which are necessary to serve the private entrances.
This amount shall include a charge for engineering, inspection and contingencies
equal to 10% of the Company's share of the traffic signal installation cost.
The Company's share of the cost of installing a traffic signal at
Location "1" shall be Six Thousand Three Hundred Dollars ($6,300.00), at Location "2"
shall be Seven Thousand One Hundred Ten Dollars ($7,110.00) and at Location "3"
shall be Nine Thousand and Thirty Five Dollars ($9,035.00). Both parties agree
that this charge is based on the cost estimates in Exhibits "A ", "B ", & "C"
respectively and are not the actual costs of the improvements. It is agreed by
both parties that these amounts are just compensation for the Company's share of
the cost of installing traffic signals at Locations "1 ", 11211, & 11311.
2. The additional facilities needed to serve the Company's private
entrances are listed in Exhibits "A ", "B ", & "C ", which by this reference are made
a part of this agreement. The estimated costs of furnishing and installing said
facilities is also shown in Exhibits "A ", "B ", & "C".
3. The Company hereby grants to City the right to enter upon the
Company's property northerly of Newport Center Drive (East and West) at Location "1"
as it existed at the time of award of Contract 1403, for the purpose of installing,
maintaining and operating improvements for a traffic signal, said improvements are
shown on City of Newport Beach Drawing T- 5060 -S, Sheet 4 of 6, dated December 29,
1971.
4. The Company hereby further grants to City the right to enter upon
the Company's property westerly of Newport Center Drive East at Location "2" and
northerly and southeasterly of San Joaquin Hills Road at Location "3" as it exists
at the time of contract award. Entry shall be for the purpose of installing,
maintaining and operating improvements for a traffic signal. Said improvements
are shown for Location "2" on City of Newport Beach Drawing No. T- 5064 -S,
Sheet 2 of 2 dated March 21, 1973 and for Location "3" on City of Newport Beach
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Drawing No. T- 5066 -S, Sheet 5 of 5 dated March 21, 1973.
The term of this entry permit as applied to installing the traffic
signals at Locations "2" and "3" shall continue until construction is complete,
but in no event later than July 1, 1974.
5. This entry permit as applied to maintenance and operation of the
traffic signals at Locations "1 ", "2" and "3" shall remain in force and effect
until such time as said improvements are removed or this agreement is mutually
modified by the parties hereto; and until such time, City shall maintain and
operate said improvements.
6. The Company shall not be liable for any loss, damage or injury
of any kind or character to any person or property caused by or arising from
any act or omission of City or any of its agents or employees. City, as a
material part of the consideration for this Agreement, hereby agrees to indemnify
and hold the Company free and harmless from all liability for any such loss,
damage or injury.
7. City shall not suffer or permit to be enforced against the premises
covered by this entry agreement, or any part thereof, any mechanics`, materialmen`s,
contractors' or subcontractors' liens arising from or any claim for damage growing
out of the work authorized by this Agreement; and City shall pay or cause to be
paid all of said liens, claims or demands before any action is brought to enforce
the same against said lien; and City agrees to indemnify and hold the Company and
said land free and harmless from all liability for any and all such liens, claims
and demands, together with reasonable attorneys' fees and all costs and expenses
in connection therewith. The Company reserves the right at any time and from
time to time to post and maintain on the premises such notices as may be necessary
to protect the Company against liability for any and all such liens or claims.
IN WITNESS WHEREOF, the parties hereto have executed this Entry
Agreement as of the day and year first above written.
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pj
TH
By
F
By
APPROVED AS TO FORM:
City Attorney
1]
THE COMPANY
CITY OF NEWPORT BEACH
ATTEST:
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CITY
•
EXHIBIT "A"
COST ESTIMATE FOR TRAFFIC SIGNAL
IMPROVEMENTS NEEDED TO SERVE PRIVATE
ENTRANCE TO NEWPORT CENTER AT
LOCATION "1"
The above costs include labor for installation and were estimated based on
information received from a contractor specializing in traffic signal work.
UNIT
ESTIMATED
ITEM
QUANTITY /UNIT PRICE
COST
6' x 6' Detector loops
12 ea.
$100
$1,200
Loop detectors (self tuning)
3 ea.
220
660
Magnetometer head
6 ea.
175
1,050
Magnetometer detectors
2 ea.
280
560
3 section 12" signal head
3 ea.
190
570
Pedestrian head
2 ea
230
460
1 112" conduit, wire, & 2 pull boxes
145 L.F.
4.00
580
400 watt M.V. Luminaire
2 ea.
100
200
Difference between Type XVI & XVII
Signal standard
Lump Sum
Lump Sum
310
Difference between Type 1 -A -10 & XV
Signal Standard
Lump Sum
Lump Sum
150
Subtotal
$5,740
10% for Engineering,
Inspection &
Contingencies
560
TOTAL
$6,300
The above costs include labor for installation and were estimated based on
information received from a contractor specializing in traffic signal work.
0 •
EXHIBIT "B"
COST ESTIMATE FOR TRAFFIC SIGNAL
IMPROVEMENTS NEEDED
TO SERVE PRIVATE
ENTRANCE TO FASHION
ISLAND AT THE
INTERSECTION OF NEWPORT CENTER DRIVE
EAST AND SANTA ROSA
DRIVE - LOCATION
"2"
UNIT
ITEM
QUANTITY
PRICE
PRICE
6' x 6' detector loops
8 ea.
$100
$800
Loop detectors (self tuning)
2 ea.
220
440
Magnetometer heads
6 ea.
175
1050
Magnetometer detectors
2 ea.
280
560
3 section 12" signal head
3 ea.
190
570
Pedestrian head
2 ea.
230
460
1" conduit, wire and 2 pull boxes
100 L.F.
4
400
Type XIX Standard W /30' M.A.
1 ea.
1070
1070
Foundation Type XIX Std.
1 ea.
475
475
Internally illuminated street name sign
1 ea.
300
300
400 Watt M.V. luminaire
1 ea.
100
100
Difference between Type XVII & Type XVI
signal standard
Lump Sum
240
240
Subtotal
$6465
10% for Engineering, Inspection &
Contingencies
645
TOTAL
$7110
The above costs include labor for installation
• •
EXHIBIT "C"
COST ESTIMATE FOR TRAFFIC SIGNAL
IMPROVEMENTS NEEDED TO SERVE PRIVATE
ENTRANCE TO BIG CANYON AT THE
INTERSECTION OF SAN JOAQUIN HILLS ROAD
AND SANTA CRUZ DRIVE - LOCATION "3"
The above costs include labor for installation
UNIT
ITEM
QUANTITY
PRICE
PRICE
6'x 8' Detector loops
8
ea.
$120
$ 960
6'x 6' Detector loops
5
ea.
100
500
Loop detectors (self tuning)
4
ea.
220
880
Magnetometer heads
6
ea.
175
1050
Magnetometer detectors
2
ea.
280
560
4 Section 12" signal head
1
ea.
260
260
3 Section 12" signal head
2
ea.
190
380
Pedestrian head
2
ea.
230
460
1" Conduit, wire & 2 pull boxes
140
L.F.
4
560
Type XIX signal standard W130' M.A.
1
ea.
1070
1070
Foundation type
1
ea.
475
475
Internally illuminated street name sign
1
ea.
300
300
400 Watt M.V. luminaire
2
ea.
100
200
Difference between Type XIX & Type
XVIII signal standard
Lump
Sum
210
210
Type S phase module
1
ea.
350
350
Subtotal
$8215
10% for Engineering, Inspection &
Contingencies
820
TOTAL
$9035
The above costs include labor for installation
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION
OF A REIMBURSEMENT AND RIGHT OF ENTRY AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND THE
IRVINE COMPANY FOR INSTALLATION OF CERTAIN
TRAFFIC SIGNALS WITHIN THE CITY OF NEWPORT
BEACH
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a reimbursement and right of entry
agreement between the City of Newport Beach and The Irvine
Company for the installation of the following traffic signals:
(A) Newport Center Drive and Newport Center
Drive East and West;
(B) Newport Center Drive and Santa Rosa Drive; and
(C) San Joaquin Hills Road and Santa Cruz Drive -
Big Canyon Drive;
WHEREAS, the City Council has considered the terms and
conditions of said agreement and found them to be fair and
equitable;
NOW, THEREFORE, BE IT RESOLVED that said agreement is
approved, and the Mayor and City Clerk a -e hereby authorized and
directed to execute the same on behalf of the City of Newport
Beach.
ADOPTED this 11th day of Jure , 1973.
Mayor
ATTEST:
City Clerk
DON:sh
6/8/73