The URL can be used to link to this page

Home My WebLink AboutC-2724 - Jamboree Road Improvement from San Joaquin Hills to Santa Barbara DriveTO: 1 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443005 FINANCE DIRECTOR �� Z FROM: CITY CLERK DATE: November 29, 1988 SUBJECT: Contract No. C -2724 Description of Contract Agreement for Jamboree Road Improvements from San Joaquin Hills Road to Santa Barbara Drive Effective date of Contract November 17, 1988 Authorized by Minute Action, approved on November 14, 1988 i Contract with The Irvine Company Address Amount of Contract (See Agreement) "Wea 6e, Le Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach r • �vember 14, 1988 CITY COUNCIL AGENDA ITEM N0. F -3(e) T0: CITY COUNCIL _ +' %rill liJ,Cf' • FROM: Public Works Department NOV 14 1988 SUBJECT: AGREEMENT FOR JAMBOREE ROAD IMPROVEMENTS A P M IQ 11 -EID _ LOCATION: Westerly side of Jamboree Road from San Joaquin Hills Road to approxi- mately 1000 feet southerly of Santa Barbara Drive RECOMMENDATIONS: Approve an agreement between The Irvine Company and the City of Newport Beach for street improvements along the westerly side of Jamboree Road from San Joaquin Hills Road to approximately 1000 feet southerly of Santa Barbara Drive; and authorize the Mayor and the City Clerk to execute the agreement. DISCUSSION: The Irvine Company is required to construct a third southbound lane on Jamboree Road through the intersection of Santa Barbara Drive as a part of the Traffic Phasing Ordinance Improvements required as a condition to the approval • of Newport Center General Plan Amendment 87 -1(C) as well as contribute 50% of the cost of completing improvements (including curb, gutter and sidewalks) along the westerly side of Jamboree Road between Santa Barbara Drive and the Newporter Resort (John Wayne Tennis Club), hereinafter referred to as "Joint Improvements." The subject agreement requires the City to pay for 50% of the cost of design and construction costs of the southerly 800 feet of the Joint Improvements. The City's share of the engineering and construction costs are estimated to be $100,000.00. Upon completion of the Joint Improvements, the City may either issue credit to The Irvine Company for future Fairshare Contribution Ordinances Fees in the amount of City's share of the cost of the Joint Improvements; pay The Irvine Company for City's share of the cost of the Joint Improvements or some combination thereof as approved by the City and The Irvine Company. The Villa Point Development at the corner of Jamboree Road and Coast Highway is currently in the process of obtaining building permits and will be required to pay approximately $70,000 in Fairshare fees. These fees will be used as a credit towards the City's share of the project costs. The remainder • will come from Fairshare fees already collected. An exhibit is attached for reference. Benjamin B. Nolan Public Works Director DW:so Attachment • • • - L 5AA1 I'IIZ-1- -- - R-D RESUB RM /52 AGREEMENT C-Z7z(/ FOR JAMBOREE ROAD IMPROVEMENTS THIS AGREEMENT, made and entered into this 2 tL� day of 1988, BY and between THE IRVINE COMPANY, a Michigan corporation, hereinafter referred to as "COMPANY," and the CITY OF NEWPORT BEACH, a municipal corporation, organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California, hereinafter referred to as "CITY "; WITNESSETH: WHEREAS, COMPANY is required to construct a third southbound lane on Jamboree Road through the intersection of Santa Barbara Drive as a part of the Traffic Phasing Ordinance improvements required as a condition to the approval of Newport Center General Plan Amendment 87 -1(c); and WHEREAS, Newport Center General Plan Amendment No. 87 -1(c) also required Company to contribute 50% of the cost of completing improvements (including curb, gutters and sidewalks) on Jamboree Road between the aforementioned intersection improvements and the Newporter Resort (John Wayne Tennis Club), hereinafter referred to as "JOINT IMPROVEMENTS," and; WHEREAS, CITY desires to fund remaining 507, of the cost of design and construction of JOINT IMPROVEMENTS from contributions to the CITY's CIRCULATION AND TRANSPORTATION FUND through the Fair Share program; and WHEREAS, COMPANY is willing to cooperate with CITY for design and construction of the JOINT IMPROVEMENTS. 1 of 4 0 1% LJ NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: I. COMPANY shall: A. Prepare the detailed plans, specifications and cost estimates for the JOINT IMPROVEMENTS. B. Administer the Contract for the Joint Improvements in accordance with the plans and specifications, including material control, and execute and deliver all documents necessary or required in connection with the construction and completion of the JOINT IMPROVEMENTS, including certificate of day labor, equipment and material cost and certification of completion of the JOINT IMPROVEMENTS. II. CITY shall: A. Approve plans and specifications as to design and construction features. B. Be responsible for construction inspection of the JOINT IMPROVEMENTS. III. Upon completion of the JOINT IMPROVEMENTS, CITY's share of the construction cost of the JOINT IMPROVEMENTS shall be 50% of construction cost for the southerly 800 feet of the Jamboree Road improvements. City's share of design cost of the JOINT IMPROVEMENTS shall be 50% of the cost of design for the southerly 800 feet of the JOINT IMPROVEMENTS. IV. Upon completion of the JOINT IMPROVEMENTS, COMPANY agrees to submit full, true and correct copies of documents, certificates and itemized bills to CITY, so that CITY's 50% share of the JOINT IMPROVEMENTS can be determined. Such bills shall be based on actual design and construction costs for the JOINT IMPROVEMENTS. At the execution of this Agreement, CITY's share is estimated to be $100,000 (including engineering). 2of4 V. Upon completion of the Joint Improvements, and upon mutual agreement of City and Company; (1) City shall issue credit to the Company for future Fairshare Contribution Ordinance Fees in the amount of City's share as established in section III for any Company projects for which such fees are payable within ninety (90) days from the date of completion of the Joint Improvements, or (2) City shall pay Company for City's share of the cost of the Joint Improvements as established in section III within thirty (30) days of City's receipt of Company's itemized bills therefor. In the event that it is mutually agreed for the Company to receive the credit specified in (1) above and if the credit exceeds the amount of fees payable for new projects as specified in (1) above, City shall pay Company the difference between the credit and such fees within thirty (30) days of City's receipt and verification of Company's itemized statement therefor. VI. Neither CITY 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 COMPANY under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. COMPANY 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 COMPANY under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement, except to the extent caused by the negligence or misconduct of CITY. VII. Neither COMPANY 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 delegated to COMPANY under this Agreement. CITY shall fully indemnify and hold COMPANY 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 COMPANY under this Agreement, except to the extent caused by the negligence or misconduct of COMPANY. 3of4 VIII. Upon completion of the construction of the Joint Improvements in accordance with the plans and specifications, City shall (a) accept control and maintenance over the Joint Improvements, and (b) accept the roadway portions of the Joint Improvements into City's street system by formal resolution. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. APP VED AS TO FORM: City Attorney ATTEST: City Clerk /Z By Title: Ey7n TitleV Afjij,,� 'k?-44-b -r 4 of 4 -9- F P 0 c,� c