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HomeMy WebLinkAboutC-2008 - Cooperative financing agreement for traffic signal at Pacific Coast Highway & Irvine TerraceTO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 90M E CITY OF NEWPORT BEACH CALIFORNIA DATE April S 1978 Description of Contract Trifffn SfgM1 /PCH a irvie. T•rrac. Authorized by Resolution No. ggcq , adopted on Marnh 1*1 1978 Effective date of Contract w.rnh IAA 107R Contract with on Amount of Contract Sm Cnntr.cr City Clerk City Flail 3300 W. Newport Blvd. Area Code 714 April 5, 1978 Copy executed agreement to P.M. TraffWQwept. thii date. eg 07 -ORA -1 16.9 07386 - 403901 FAst Coast Highway at Irvine Terrace T -4411 District Agreement No. 3442 THIS AGREEMENT, MADE AND ENTERED INTO THIS �h DAY OF l a ✓c - -A , 19 -16 BY AND BETWEEN f1M 7 CITY OF NEWPORT BEACH, a body politic and a 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 Transportation, hereinafter referred to as "STATE " - Y..z WHEREAS, STATE and CITY Oontemplate installation of traffic control signal system and safety lighting at the intersection of Irvine Terrace with State Highway Route 1 (East Coast Highway), separate left -turn phasing for eastbound and westbound East Coast Highway traffic, installation of direct interconnect to the existing signals at Newport Center Drive and construction of median islands and AC dikes, all of which is situated within the City of Newport Beach, and desire to specify herein the terms and conditions under which said system is to be installed, financed and maintained; and WHEREAS, it is anticipated that Federal Aid Urban Funds will be allocated for financing 83,171 of the construction, construction engineering and design engineering costs which are eligible for Federal -Aid participation, and the STATE and CITY will bear the remainder of the costs as set forth hereinafter, NOW, THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows I -2- SECTI2R I:' STATE AGREES: (1) To install the traffic control signal systeri and safety lighting, left -turn phasing, direct interconnect, median islands and AC dikes, hereinbefore mentioned, through construction by contract with construction contractor licensed by the State of California, said contract to be carried out in accordance with provisions of the State Contract Act, Chapter 3, Part 5, Division 3, Title 2 of the Government Code, and work completed in conformity with plans and specifications of STATE. (2) To prepare plans and specifications and provide all necessary construction engineering services for the above mentioned contract, and to bear STATE's share of the expense thereof. (3) To bear STATE's proportionate share of construction costs required to such share to be cost of the above of highways under involved bears to intersection, complete the installation referred to herein, s sum bearing the same proportion to the total mentioned construction as the number of legs jurisdiction of STATE at the intersection the total number of legs of highways at such -3- •i � � i (4) To maintain and operate the entire traffic control signal system and safety lighting as installed. SECTION II CITY AGREESt (1) To deposit with STATE within 30 days of receipt of billing therefor (which billing will be forwarded immediately j following State's bid advertising date of a construction contract for the aforesaid installation), the amount of $6,100, which figure represents CITY's estimated share of the expense of preparation of plans and specifications, construction engineering, and construction costs required to complete the installations referred to herein. (2) The actual amount of CITY's share of the construction costs will be determined after completion of work and a financial settlement made upon final accounting of costs. Said share will be a sum bearing the same proportion to the total cost of the above mentioned construction as the number of legs of highways under jurisdiction of CITY at the intersection involved bears to the total number of legs of highways at such intersection. -4- (3) The actual amount of CITY's share of the expense of preparing plans and spaoifioations (including all direct and ind3.tnct costs (functional an -administrative overhead assessment) i i attributable to such work, applied in accordance with STATE's standard accounting procedures), shall be a fixed 17.08 of the actual final construction cost as determined in Section II, Article 2 hereinabove. (4) The actual amount of CITY's share of the expense of construction engineering [including all direct and indirect costs (functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE'S standard accounting procedures] shall be a fixed 20.09 of the actual final construction cost determined in Section II, Paragraph 2. i (5) To reimburse STATE for CITY's proportionate i share of the cost of maintenance and operation of said traffic control signal systems and safety lighting, such share to be determined in the manner provided in that Agreement for Maintenance of State highways within the CITY which is in effect at the time said costs are incurred, or if no such agreement exists, such share to be a sum bearing the same proportion to -5- the 'total cost of maintenance and operation of said traffic control signal systems and safety' lighting as the number of legs of highways under jurisdiction of the CITY bears to the total number of legs of highways at such intersection. SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREEDt i (1) That obligations of STATE under terms of this Agreement are subject to the allocation of funds by the California Transportation Commission. (2) That STATE shall not award a contract for the work unless and until receipt of CITYts deposit required in Section II(1). (3) 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. (4) That 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 -pork, authority or jurisdiction not delegated to CITY under this Agreement. It is also under- stood 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. (5) 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 notwithstanding other provisions of this Agreement. (6) That the costs referred to herein are only "matching funds" based on the assumption that Federal -Aid Urban Funds will be allocated for financing approximately 83.178 of -7- the costa. = In the event that Federal -Aid participation is not approved, either party may eitkM.termi.nate this Agreement at ally tis}e. rior to advertisement of the construction contract, subject to the provisions of Section III, Article 9 herein or renegotiate each party's participation to "make up" the anticipated federal funds. (7) If upon acceptance of bids, it is found the amount deposited by CITY is in excess of the cost of the work on the basis of bid prices plus contingency items, expense of preparation of plans and specifications, construction engineering, administration and overhead costs, the balance remaining shall be promptly refunded by STATE to CITY. If however, the cost of the work on the basis of bid prices plus contingency items, expense of preparation of plans and specifications, construction engineering, administration and overhead costs exceeds the amount deposited by CITY, CITY will promptly, upon receipt of claim therefor, pay its portion of the amount of said excess to STATE. If the excess in either case is less than one thousand dollars ($1,000), a refund or demand of additional deposit will be waived until final accounting. (8) That should work to be performed by STATE on behalf of CITY pursuant to this Agreement, based on unit bid -8- prices on the responsible low bidder, indicate that said cost will exceed the estimates by no more than 158 as set forth in this Agreement, the STATE may award the contract. That should the estimates be exceeded by more than 158 STATE Will notify CITY of the revised estimate of final cost. STATE may award contract upon written approval by CITY within a period' not to exceed ten (10) days after notification. (9) In the event that construction of the traffic control signal systems and safety lighting is terminated, the full amount of all costs incurred prior to termination shall be borne by the party requesting termination. In the event that the decision to terminate is mutually agreeable to all parties, the above cost shall be shared jointly in direct proportion to the number of legs of the intersection under jurisdiction of each respective party. (10) That upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed within STATE's right of way will automatically be vested in the STATE, and all materials, equip- ment and appurtenances installed outside of STATE's right of way will automatically be vested in the CITY, and no further Agreement will be necessary to transfer ownership as hereinabove stated. -9- (11) That in the event there are existing public and private.utilities which conflict with the construction of the project, STATE will make all necessary arrangements with the owners of said utilities for their removal or relocation in accordance with the applicable law or the provisions of any franchise which is in effect with the respective utility owners at the time of construction of the project. STATE will inspect the removal or relocation of said utilities. If there are no existing provisions for removal or relocation of utilities between CITY and STATE and the owners of said utilities, STATE and CITY will share in the cost of said removal or relocation in the amount of 50% STATE and 50% CITY. 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 first hereinabove written. STATE OF CALIFORNIA CITY OF NEWPORT BEACH Department of Transportation 1 ADRIANA GIANTURCO Director of Transportation BY Dis is it or -10- By / /mil LI ✓�' Mayor Attests r % ClerkJ RESOLUTION NO. 9292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COOPERATIVE FINANCING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE STATE OF CALIFORNIA FOR INSTALLATION OF A TRAFFIC SIGNAL AT COAST HIGHWAY AND IRVINE TERRACE WHEREAS, there has been presented.to the City Council of the City of Newport Beach a certain Cooperative Financing Agreement between the City of Newport Beach and the State of California for installation of a traffic signal at Coast Highway and Irvine Terrace; and WHEREAS, the City Council has reviewed the terms and conditions of said Cooperative Financing Agreement and finds ti 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 13th' day of March , 1978. M r ATTEST: ity Clerk,,,, C.M M AS A AND CORRECT COPT CRY CllKK OF THE GITT of { j MAR 15 1978 sAIL _._......__._._._._ DDO /bc 3/9/78 0 11 STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90051 Tel. No. (213) 620-3816 March 30, 1978 Ms. Doris George City Clerk City of Newport Beach 3300 W. Newport Boulevard Newport Beach, Calif. 92663 Dear Ms. George: 07-0ra-1 16.9 East Coast Hwy. at Irvine Terrace T-4411 07386 - 403901 We are transmitting fully executed Agreement No. 3442 covering City-State Participation in the cost of installing traffic control signal system at the intersection of Irvine Terrace with State Highway Route 1 (East Coast Highway). Sincerely, "7— 7 R. G. DROSENDAHL ... . ..... Senior Transportation Engineer Traffic Branch (-4 7 6 Original`S.copies to Public Works for transmittal to the State this date. eg .. .. a._.. .. .... ...... .. .. MAR 1.1 1978 By the Q Y COUNCIL C!n OF "ram? fthc1 RESOLUTION NO. 9292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COOPERATIVE FINANCING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE STATE OF CALIFORNIA FOR INSTALLATION OF A TRAFFIC SIGNAL AT COAST HIGHWAY AND IRVINE TERRACE WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Cooperative Financing Agreement between the City of Newport Beach and the State of California for installation of a traffic signal at Coast Highway and Irvine Terrace; and WHEREAS, the City Council has reviewed the terms and conditions of said Cooperative Financing 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 13th day of Mar Mayor ATTEST: City Clerk , 1978. DDO /bc 3/9/78