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.
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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
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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
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•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.
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(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
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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
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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.
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(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
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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