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