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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, - 1 - 0 0 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 - 2 - 0 0 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. - 3 - pj TH By F By APPROVED AS TO FORM: City Attorney 1] THE COMPANY CITY OF NEWPORT BEACH ATTEST: - 4 - 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