HomeMy WebLinkAboutC-1882(C) - Co-op finance agreement for signal modification, Ford & MacArthurCITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
DATE April 3, 1979 ,.
TO:, FINANCE DIRECMR
FROM: City Clerk
SUBJECT: Contract No. 1882C
Description of COntract (- poperativp Finanrina AgrPPment fnr the rnnctrurtinn
of the intersection at Ford Road and MacArthur Boulevard.
Authorized by Resolution No. 9522 , adopted on Marrh I7�14z9
Effective date of Contract March 71 1979
Contract with State of (`aliforniwrnept of Transportation
Address
Amount of Contract i P AgrPPmPnt
clay Cler c �—
07- ORA -73 2.0
07388 - 474501
Intersection of MacArthur
Boulevard and Ford Road
T -4509
District Agreement No. 3511
THIS AGREEMENT, ENTERED INTO ON Aa,,d A3 , 19 72
IS BETWEEN
AND
CITY OF NEWPORT BEACH,
a body politic and a municipal
corporation of the State of
California, referred to herein
as "CITY"
STATE OF CALIFORNIA
acting by and through its
Department of Transportation,
referred to herein as "STATE"
RECITALS
(1) STATE and CITY contemplate installing traffic
control signal system and safety lighting and certain roadwork
and channelization at the intersections of Ford Road with State
Highway Route 07- ORA -73 (MacArthur Boulevard), referred to herein
as "PROJECT ", and desire to specify the terms and conditions
under which such systems are to be installed, financed and
maintained.
(2) CITY proposes to perform subsurface construction
work within said State Highway and STATE requires that said work
be accomplished in accordance with STATE'S "Policy on High and
Low Risk Underground Facilities Within Highway Rights of Way ".
SECTION I
CITY AGREES:
(1) To provide plans and specifications and all
necessary construction engineering services for the PROJECT and
to bear the entire expense thereof.
(2) To share the cost of relocating intersection,
installing traffic control signal system and safety lighting at
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the intersection of Ford Road with State Highway Route 07- ORA -73
(MacArthur Boulevard).
(3) To identify and locate all high and low risk
underground facilities within the project area and protect or
otherwise provide for such facilities, all in accordance with
STATE'S "Policy on High and Low Risk Underground Facilities
Within Highway Rights of Way ". Costs of locating, identifying,
protecting or otherwise providing for such high and low risk
facilities shall be distributed and borne in the same manner as
described in Section III, paragraph 9. CITY hereby acknowledges
the receipt of STATE'S "Policy on High and Low Risk Underground
Facilities Within Highway Rights of Way" and agrees to construct
the PROJECT in accordance with such Policy.
(4) To construct the PROJECT in accordance with plans
and specifications of STATE, to the satisfaction of and subject
to the approval of STATE.
(5) To furnish necessary right of way and certify to
STATE that the right of way is owned by the City of Newport
Beach and /or City of Irvine.
(6) To apply for necessary encroachment permits for
work within State Highway right of way, in accordance with
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STATE'S standard permit procedures.
(7) To retain or cause to be retained for audit for
STATE or other government auditors for a period of three (3)
years from date of final payment all records and accounts
relating to construction of the IMPROVEMENTS.
SECTION II
STATE AGREES:
(1) To furnish a Type 170 traffic signal controller
for the PROJECT at no cost to the CITY.
(2) To deposit with CITY prior to award of a
construction contract for PROJECT the amount of $97,950, which
figure represents STATE'S estimated share of the expense of
installing traffic control system, safety lighting and
construction costs required to complete PROJECT. In no event
shall STATE'S total obligation for said costs under this contract
exceed the amount of $118,000; provided that STATE may, at its
sole discretion, in writing, authorize a greater amount.
(3) STATE'S share of the cost of roadway construction
shall be 188 of actual cost of the contract items necessary for
relocating the intersection of Ford Road and MacArthur Boulevard
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as determined after completion of work and upon final accounting
of costs. Said share is estimated to be the amount of work
which lies within the State right of way.
(4) STATE'S proportionate share of the cost of traffic
control signal system and safety lighting, shall be an amount
equal to 50% of the total costs as determined after completion
of work and upon final accounting of costs.
(5) STATE'S share of the expense of preparing plans
and all necessary construction engineering services and
specifications shall be zero.
(6) To maintain and operate the entire traffic control
signal systems and safety lighting as installed.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) All obligations of STATE under the terms of this
Agreement are subject to the allocation of resources by the
Legislature and the California Transportation Commission.
(2) 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 not
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delegated to STATE under this Agreement. It is also 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 not
delegated to STATE under this Agreement.
(3) Neither CITY nor any officer or employee thereof,
is responsible for any damage or liability occurring by reason
of anything done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction delegated
to STATE under this Agreement. It is also 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
delegated to STATE under this Agreement.
(4) 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
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notwithstanding other provisions of this Agreement.
(5) If upon opening of bids, it is found the amount
deposited by STATE is in excess of the cost of the work on the
basis of bid prices plus contingency items, the balance remaining
shall be promptly refunded by CITY to STATE. If however, the
cost of the work exceeds the amount deposited by STATE, STATE
will promptly, upon receipt of claim therefor, pay its portion
of the amount of said excess to CITY. If the excess in either
case is less than one thousand dollars ($1,000), no refund or
demand for additional deposit will be made until final
accounting.
(6) If, upon opening bids, it is found that a cost
overrun exceeding 10% of the estimate will occur, STATE and CITY
shall endeavor to agree upon an alternative course of action.
(7) Prior to advertising for bids for the PROJECT,
STATE may terminate this Agreement in writing, provided that
STATE pays CITY for all costs incurred by CITY.
(8) Upon completion of all work under this Agreement,
ownership and title to the traffic control system and safety
lighting, equipment and appurtenances installed will be jointly
shared in the ratio of 50% STATE and 50% CITY.
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(9)
If existing public and private utilities conflict
with the construction of the PROJECT, CITY will make all necessary
arrangements with the owners of such utilities for their removal
or relocation. CITY will inspect the removal or relocation of
such utilities. If there are no existing provisions for removal
or relocation of utilities between CITY and /or STATE and the
owners of such utilities, STATE and CITY will share equally in
the cost of said removal or relocation within the STATE's right
of way and CITY will bear all cost incurred outside of STATE'S
right of way.
(10) The cost of any engineering or maintenance referred
to herein shall include all direct and indirect costs (functional
and administrative overhead assessment) attributable to such work,
applied in accordance with STATE'S standard accounting procedures.
STATE OF CALIFORNIA
Department of Transportation
ADRIANA GIANTURCO
Directo 1of Transpo tation
By %��
CITY OF NEWPORT BEACH
M
At
Chidf Deputy lDistrict Director
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RESOLUTION NO. 9 52 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND THE
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
IN CONNECTION WITH THE FORD ROAD AND MACARTHUR
BOULEVARD INTERSECTION MODIFICATION (C -1882)
WHEREAS, there has been presented to the City
Council of the City of Newport Beach a certain Cooperative
Agreement between the City of Newport Beach and the State
of California Department of Transportation in connection with
the Ford Road and MacArthur Boulevard intersection modification;
and
WHEREAS, the City Council has reviewed the terms and
conditions of said Agreement and finds them to be satisfactory
and that it would be in the best interest of the City to authorize
the Mayor and City Clerk to execute said Agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that said Agreement above described
is approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ADOPTED this 12th day of March , 1979.
Mayor
ATTEST:
City Clerk
DDO /kb
3/7/79