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HomeMy WebLinkAboutC-2429 - Corona del Mar Freeway Utility Relocation Agreement0 BY THE CITY COUNCIL CITY OF NEWPORT BEACH December 12, 1983 DEC 121983 CITY COUNCIL AGENDA ITEM NO. F -3(b) TO: CITY COUNCIL FROM: Public Works Department ct RECOMMENDATION: Approve a utility relocation agreement with the California Department of Transportation for relocating City water facilities, and authorize the Mayor and City Clerk to execute the agreement. DISCUSSION: (� -�qd/ As a part of the Corona del Mar freeway extension, City water mains must be relocated at the Campus Drive and the Jamboree Road crossings. The City will be increasing the size of the existing water main at the Campus Drive crossing from 12" diameter to 18" diameter; the water main at Jamboree Road will remain an 18 inch diameter main. The California Department of Transportation is to pay appoxi- mately $255,000 or 93% of actual construction cost, with the City paying approximately $19,000 or 7% of the actual construction costs. The final City cost will tion cost for the project. Benjamin B. Nolan / Public Works Director RLH:do be determined by the actual construc- ,3 December 6, 1983 TO: (1) CITY RKEY (2) CITY CLERK FROM: Public Works Department SUBJECT: UTILITY A9REE"IENT NO. 7 UT -8618 Attached are the following: 1. Orininal and two copies of a Utility Agreement. The Public Works Department has reviewed the agreement and has found it to be in order. r. Action Requested: 1. City Attorney - — a. Anp=ve agreement as to form. b. Forward all copies to City Clerk. 2. City Clerk a. Present agreement to City Council for approval. b. Have Mayor execute the agreement. c. Return all copies to Public Works Department fi per{. C O� 19� bA CL Benjamin B. Nolan Public Works Director L11-hIMMIME Att. STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY GEORGE DEUKMEJIAN. Governor DEPARTMENT OF TRANSPORTATION 4�1 DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90051 �� (213) 620 -4491 October 27, 1983 7- ORA -73- 3.0/5.8 Agt. No. 7Ut -8618 City of Newport Beach - Water Department P. O. Box 1768 Newport Beach, CA 92663 -3884 Gentlemen: Attached are three copies of Utilities Agreement No. 7Ut -8618 for your execution in connection with relocation of water facilities necessitated by construction of the Corona Del Mar Freeway between MacArthur Boulevard and Red Hill Avenue. Please have the original and one copy executed on behalf of the Com- pany by an authorized officer, with name typed below the signature, and date of execution inserted on the first page. The original and one executed copy should be returned to this office, the third being for your file. One fully executed copy will be returned to you after approval by t 3f e' State. In order for the State to comply with Title VI of the United States Civil Rights Act of 1964, as it applies to Utilities Agreement, it is necessary for us to include provision for the attachment of Appendix A in this Agreement. It is understood that said highway is a Federal -aid highway and accordingly, FHPM 1 -4 -4 is hereby incorporated into this Agreement with the understanding that provisions governing reimbursement proce- dures are applicable to the relationship between the State and the United States. It is anticipated that total charges for work will approximate the estimated cost shown in the Agreement. In the event the total charges are either ten percent more or less than the estimate, a reason for such overrun or underrun must be submitted with bills for final payment before they can be scheduled for payment. WVeF t ly yours, c /H.. /- L. HIMES District Utilities Relocation Engineer R/W Utilities Relocation Section HB:sd Attachments Disc 69 STATE OF CALIFORNIA DEPARTMENT of TnANSPORTAnoN INTERSTA NOTICE F -P073 (16) 7-8618 FOAM DRW 90 (REV. 0.77) District I County Route P. M. E. A. 7 70RA 73 3.0/5.8 074589 SOURCE CODE NO. ...... _07440 OWNER'S FILE NO ------- -- -- ----- ---- __..----_. - UTILITIES AGREEMENT NO.- 7UT- 8618 -- Relocation of water facilities in the construction area of the Corona Del Mar Freeway between MacArthur Boulevard and Red Hill Avenue. Date. December.- 13.,.- -1983 ......... . FIRST PARTY: State of California, acting by and through its Department of Transportation, hereinafter called STATE. s, ` SECOND PARTY: ._CITY OF NEWPORT BEACH - WATER DEPARTMENT ... ........................... ............ .. ....................... ............- -----.........---- --- ... ................. ....... ............ hereinafter called OWNER. Relocation is required of certain utility facilities of OWNER, cost of which is to be borne by STATE because: The existing facilities are lawfully maintained in their present location and qualify for relocation at State expense under provisions of Section 703 of the Streets and Highways Code. I. DESCRIPTION OF WORK: In accordance with Notice No. 7 -8618 dated March 30, 1983 State shall relocate Owner's water mains and appurtenances as shown on Owner's Plans which are included in State's Contract Plan for the improvement of Road ORA- 73- R3.6/R6.6/074581 which by this reference are made a part hereof. II. PERFORMANCE OF WORK A. Owner shall have access to all phases of the relocation work to be performed by State for the purpose of inspection to ensure that the work is in accordance with the specifica- tions contained in the Highway Contract; however, all questions regarding the work being performed will be directed to State's 7Ut -8618 Page 2 0 0 Engineer for his evaluation and final disposition. Upon completion of the relocation, Owner agrees to accept ownership and maintenance of the relocated facilities and relinquishes to State ownership of the replaced facility. j Minor deviations from said plan may be made and incidental work may be performed by the Owner or the State when mutually acceptable by both parties and on approval by the State. B. Technical services for preparation of plans, specifications and estimates are to be furnished by the consulting engi- neering firm of ASL Consulting Engineers on a fee basis, presently estimated to be $19,000.00. III. PAYMENT FOR WORK 'M_ ­ A. The State shall pay its share of the actual cost for techni- cal services performed by consulting engineering firm and inspection by Owner's representative within 90 days after receipt of Owner's itemized bill in quintuplicate, signed by a responsible official of Owner's organization, compiled on the basis of the actual cost and expense incurred and charged or allocated to said services in accordance with the uniform system of accounts prescribed for Owner by the California Public Utilities Commission or Federal Communications Commission, whichever is applicable. B. It is understood and agreed that the State will not pay for any betterment or increase in capacity of Owner's facilities in the new location and that Owner shall give credit to the State for all accrued depreciation on the replaced facilities and the salvage value of materials or parts salvaged and retained or sold by Owner. C. At the election of the Owner, progress bills for costs incurred may be submitted not to exceed Owner's recorded costs as of a specific date less estimated credits applicable to completed work where the recorded costs are sufficient to warrant such billing. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in the agreement, and less any amounts covered by progress billings. D. Detailed records from which the billing is compiled shall be retained by the Owner for a period of four years from the date of the final bill and will be available for verification by the State and Federal auditors. 7Ut -8618 Page 3 E. It is further understood and agreed that 93.092% of the actual cost of construction, which represents the percen- tage of replacement, in kind, of work set out in Paragraph I, above, will be at State expense where said percentage is calculated as follows: 1. Total estimated cost of installing 18" water main with temporary bypass (508 of cost)* at Campus Drive and 18" water main with temporary bypass at Jamboree Road. $274,175.00 2. Total estimated cost of installing 12" water main with bypass (508 of cost)* at Campus Drive and 16" water main with temporary bypass at Jamboree Road. $255,235.00 *Use and cost of Campus Drive Bypass to be - sh -alred equally with Mesa Consolidated Water District. Total Est. Cost Without Betterment = $255,235 x 100 = 93.0928 of actual Total Est. Cost $274,175 construction With Betterment cost to be billed to State. F. All costs accrued by Owner as a result of State's request of April 22, 1982 to review, study and /or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. ti tut-8618 Page 4 IV. In order to comply with Title VI of the United States Civil Rights Act of 1964, Appendix A is attached to and made a part of this Agreement, expecting therefrom any and all work performed by Owner's own forces. V. It is understood that said highway is a Federal -aid highway and accordingly, FHPM 1 -4 -4 is hereby incorporated into this Agreement wit the understanding that provisions governing reimbursement procedures a applicable to the relationship between the State and the United States Estimated Construction Cost to State $274,175.00 Estimated Right of Way Cost to State 7,210.00 TOTAL Estimated Cost to STATE $ ----- 2.8.1,..385..0.0 OWNER agrees to perform aniCSTATE agrees to pay for the above - described work in accordance with Section III herein. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. APPROVAL RECOMMENDED: _ - ---- -- -- --- -- ---- ---------- ------ ..................... Dist. Utilities Relocation Engineer ----- - - ---- ..... ..---------------------- ---- -- - - - - - -- - ---- . ....... .------------ .... . Asst. Utilities Relocation Engineer APPROVED: APP 0VED AS TO Fr' HB /sa Cify Disc 69 Attorney' � Date: CITY OF NEWPORT BEACH — WATER DEPT." #TY' 0 T CI anda E, Andersen . ................ ----------- ----------- ---- ------- --- -- -- -- ----------------------------------- ow..,.... STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Chief, R/W Acquisition & Utilities ..T. 1H ... »N.,CO ..,, I.. OA..' 0 APPENDIX A During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "con- tractor") agrees as follows: (I) Compliance with Regulations: The contractor shallcomply with the Regulations relative to nondiscrimination in Federally- assisted programs of the Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of sub- contractors, including procurements of materials and leases of equip- ment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equip- ment, each potential subcontractor or', supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color or national origin. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Adminis- tration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's non- compliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the contract until Lite. contractor complies, and /or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the pro- visions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The con- tractor will take such action with respect to any subcontractor or procurement as the State Highway Department or the Federal High- way Administration may direct as a means of enforcing such pro- visions including sanctions for noncompliance: Provided, however, chat, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State Highway Department to enter into such litigation to protect the interest of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests or the United States. FORM M -IC -SI 17/921