1981-1006_YARBROUGH, TUCKERMAN ET AL_Agreementr
0 0
AGREEMENT FOR CONSTRUCTION OF
THE PASEO DE LA PAZ/BEAR BRAND
RANCH STORM DRAIN
THIS AGREEMENT made and entered in to this day of
4if1981, by and between the City of San Juan
Capistrano, hereinafter designated as "CITY", and Mr. and Mrs.
James Yarbrough, Dr. and Mrs. Allen Cottle, Mr. and Mrs. Richard
Tuckerman, Dr. and Mrs. Ted Witt, Mr. and Mrs. R. Salimi, Mr. and
Mrs. James Heim, Mr. Robert Larson, Dr, and Mrs. Michael Streger,
Mrs. Natalie Mitchell, Mr. and Mrs. Gus A. Owen, Mr. and Mrs.
G. W. Riley, Mr. and Mrs. Donald P. Mitchell, Mr. and Mrs.
Richarte, Mr. and Mrs. Tony A. Gregory, and Mr. and Mrs. Robert
J. Aaron, hereinafter designated as "OWNERS" as represented by
Ronald Birtcher and Walter Wood.
W I T N E S S E T H:
WHEREAS, OWNERS desire to construct a storm drain in Paseo
De La Paz from Del Obispo Street northwesterly to the Bear Brand
Ranch property; and
WHEREAS, CITY desires to assist OWNERS in constructing said
storm drain.
NOW, THEREFORE, it is mutually agreed by and between CITY
and OWNERS as follows:
1. CITY shall provide $72,000.00 of the funds necessary to
finance the engineering, plans and specifications, survey, con-
struction, and CITY inspection of said storm drain but shall not
provide funds in excess of $72,000.00.
2. OWNER shall provide $51,000.00 of the funds necessary to
finance the engineering, plans and specifications, survey, con-
struction and CITY inspection of said storm drain but shall be
reimbursed for any and all funds not used on the project.
3. Cost Analysis
Total bid (estimate) $97,400.00
Contingency account 7,000.00
City engineering cost 3,000.00
City survey and inspection cost 5,000.00
$ 112,400.00
4. OWNERS are responsible for providing:
a) Completed plans and specifications approved by the
City Engineer, per prior agreement.
b) Right-of-way documents necessary for the construction
of said storm drain.
c) A letter of credit in the amount of $40,400.00.
5. CITY is responsible for:
a) Upon receipt of the items promulgated in Section 5 a),
b), c) herein, award a construction contract to the
lowest responsible bidder for construction of said
storm drain.
b) Providing contract administration and construction
inspection.
6. During construction, OWNERS shall provide a cash payment
in the amount billed within ten (10) days after receipt of demand
for payment by CITY.
IN WITNESS WHEREOF, this agreement has been executed by CITY
and legally responsible representatives of OWNERS the date and year
first above written.
ATTEST:
APPROVED AS TO FORM:
CITY OF SAN JUAN CAPISTRANO
OWNERS' REPRESENTATIVES
°_f%
RONALD
!7� W,54
iAMES `J CITY ATTORNEY ...-
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AGENDA ITEM October 6, 1981
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Award of Contract; Approval of Agreement with Paseo
de la Paz Homeowners - Paseo de la Paz Storm Drain
SITUATION
Following up on the agreement of February 17, 1981, Council
authorized bids to be received for the Paseo de la Paz Storm Drain.
Bids were opened on August 25, 1981. The two contractors bid cast
in place pipe.
Ken Thompson, Inc.
Coyal and Sons
$ 97,394.00
$112,263.00
The engineers estimate for cast in place pipe was $127,000.00.
Since this is a cooperative effort with the homeowners on Paseo de
la Paz, an agreement is needed to form a framework for financing
and administration of the project. Staff is submitting this agreement
for approval of Council, in which the City will award the contract
and supervise construction of the storm drain. The property owners
have provided the plans and specifications and the necessary right-of-way.
FINANCIAL CONSIDERATIONS
The agreement calls for the City to provide funds not in excess of
$72,000.00 and the owners to provide $40,400.00 to cover the remainder
of construction, City engineering, survey and inspection costs and
contingency funds. The City's share would come from the $72,000.00
in drainage fees for Bear Brand Ranch transferred to the City from
the County. The property owners, through their representatives, have
provided a letter of credit for $40,400.00. feef�
ALTERNATE ACTIONS
1. Approve the agreement and award the contract to the low bidder.
2. Do not approve the agreement and reject the bids.
3. Refer to staff for more information. Reject the bids.
RECOMMENDATION
By motion, approve the agreement with the Paseo de la Paz Homeowners
for funding and administration and accept the low bid of Ken Thompson,
Inc. of $97,394.00 for the construction of the Paseo de la Paz Storm
Drain. Authorize the Mayor to execute the agreement and contract on
behalf of the City.
Respectfully submitted,
Olt
W. D. Mur by FOR CITY COUNCIL AGENDAry
WDM:MG/nep " " v
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324o0PASFO ADGLANTO
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SAN JUAN CAPISTRANO, CALIFORNIA 92675
�. PHONE 4931171
October 12, 1981
Mr. Walter Wood
25801 Paseo de la Paz
San Juan Capistrano, California 92675
Re:Agreement for Construction of the
Paseo de la Paz Storm Drain
Dear Woody:
At their meeting of October 6, 1981, the Citv
Council approved the Agreement with the Paseo de la Paz home
owners for construction of the Paseo de la Paz/Bear Brand
Ranch storm drain. The Agreement states that the owners
are to provide completed plans and specifications; right-cf--way
documents (to be accepted by the City on November 3); and
a letter of credit in the amount of $40,400 (cash deposit
received October 6, 1981). Your fully-exdgcted copy of the
Agreement is enclosed for your files.
In separate action, the Council awarded the
construction contract to Ken Thompson, Inc., of Cypress in
the amount of $97,394.
Thank you for your cooperation. If you need any
further information, please let me know.
Very truly yours,
MARY ANNHANOVER, CMC
City Clerk
mh
Enclosure
cc: Ron Birtcher (with enclosure)
Director of Public Works
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