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HomeMy WebLinkAboutJanes Company - Reimbursement Agreement - 77-W3 - Water Main TOPIC v4,. FILE N0, LEGISLATIVE HISTORY RECORD EiAA 8!49SF2n666 T "EEMPUT 72-7-w 3 DETAIL w\j rr-` CO - �/Z el Vo Nw" MAWS DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK VOLUME PAGE a 70 . Oc FILE NO. TOPIC O'I`IyI—I_I""I—I—I`I'21a l—f—I'"I-1—h1—I` 131D-I`I—f-I—I—f`1-(-1 410 1 I I I IT I I TT1061 1—f T —1­1 1 161oT I—I TYPIST PLEASE NOTE-THIS SCALE CORRESPONDS TO TYPEWRITER (PICA) SCALE-SET PAPER GUIDES SO THAT CARD SCALE WILL REGISTER WITH MACHINE SCALE WHEN:CARD IS TURNED INTO WRITING POSITION. START INDEX THREE(3) POINTS FROM LEFT EDGE OF CARD, USE OTHER POINTS OF SCALE FOR OTHER DIVISIONS OF VISIBLE TITLE,SET TABULATORS TO INSURE PERFECT ALIGNMENT OF EACH DIVISION OF INFORMATION. FOLD BACK OR REMOVE STUB AFTER TYPING. USE NEW TYPEWRITER RIBBON. REMINGTON RAND -20 DIVISION OF SPERRY RAND CORPORATION Ruc-1sl$1 November 22, 1977 Janes Company 17932 Sky Park, Suite D Irvine, California 92714 Attention: Jorge Alvarez Subject: Reimbursement Agreement No. 77-W3 Gentlemen: Enclosed please find the subject agreement between the City O"Id Janes Company for water mains installed in con,,,uAF- tion with Tract 9404. If the agreement meets with your satisfaction, please sign and return it to this office so that I may transmit the agreement to the City Council for execution. Very truly yours, H. E. Hartge Director of Public Works HEH:JM41:mc Encl City of Huntin ton ' Beach P..O. BOX 190 ' CALIFORNIA 92648 ENGINEERING DEPARTMENT TO: Honorable Mayor and City Council ATTN F1oyd .G. Belsito, City .Administrator FROM: H. E. Hartge, Director of Public Works DATE: December 7 , 1937 / SUBJECT Reimbursement Agreement .No. 77-W3 `' Water Main Construction Transmitted herewith is the subject agreement between the City and Janes Company for offsite water mains built in conjunc- tion with Tract 9404. ' RECO14MENDED ACTION Approve the agreement and authorize Mayor and .City Clerk to execute same. ANALYSIS Janes Company has constructed water mains and appurtenance to serve Tract 9404 and adjacent properties for total cost of $23, 913 . 00 . The reimbursable amount is calculated as follows : Total job cost of facilities $23 , 913 . 00 Less cost of required facilities for Tract 9404 (20 ,613 . 00) Gross Reimbursable 3 , 300. 00 Less 10% per Huntington . Beach 330 . 00 Municipal Code Section 14. 20. 60 Net reimbursable $ 2 ,970 . 00 Payment of the above amount will be made from fees charged to builders who. develop property within the service area. FUNDING SOURCE Reimbursement-will be made from the City Water fund. HEH:JWW:mc Ya f pe-0-412q2-7 City of Huntington Beach • P.O. BOX 190 CALIFORNJ&92648 ENGINEERING DEPARTMENT E C L, 9 �� t� D 1971 CITY OF HUNTINGTON BEACHTd a Honorable Mayor and City Council qYy -- ADMINISTRATIVE OFFICE ATTN: Floyd G. Belsito, City Administrator RUvv gy FROM: H. E. Hartge, Director of Public Wor s,o��t DATE: December 71 1977 SUBJECT: Reimbursement Agreement No. 77-W3 Water. Main Construction car"" .... j Transmitted herewith -is the subject agreement between the City and Janes Company for offsite water mains built in conjunc- tion with Tract 9404. RECOMMENDED ACTION Approve the agreement and authorize Mayor and City Clerk to execute same.. ANALYSIS Janes Company has constructed water mains and appurtenance to serve- Tract 9404 and adjacent properties for total cost of $23,913.00. The: reimbursable amount is calculated as follows: Total job cost of facilities $23,913.00 Less cost of= required .facilities for Tract 9404. (20;613.00) Gross- Reimbursable 3,300.00 Less 10% per Huntington _Beach 330.00 Municipal Code Section 14.20.60 Net reimbursable $ 2,970.00 Payment of the above amount will be made from fees charged to builders who develop property within the service area. FUNDING SOURCE Reimbursement will be made from the City Water fund. HEH:JWW:mc 1 REIMBURSEMENT AGREEMENT 77-W3 WATER MAIN CONSTRUCTION THIS AGREEMENT entered into by and between the City of Huntington Beach, a municipal corporation, hereinafter referred to as CITY, and Janes Company, hereinafter referred to as BUILDER, WHEREAS, BUILDER, pursuant to agreement with CITY, has at its own cost and expense, constructed 535 lineal feet of 8 inch A.C.P. water main, 1640 lineal feet of 6" A.C.P. water main, 3 blowoff assemblies, 5 fire hydrants, and 17-1" water services, in .Green Street Rudder Drive, Jib Circle and Bolsa Chica Street hereinafter referred to as FACILITIES, to serve BUILDER'S development known as Tract 9404 and adjacent properties located on the east and west sides of Green Street between 86 feet south of the centerline of Rudder Drive to 440 feet .south thereof, and said FACILITIES have been constructed in conformity with the plans and. specification approved by the Director of Public Works of CITY and have been dedicated to CITY, and CITY desires to reimburse BUILDER for .the cost of the construction of said water line, as provided by the CITY'S municipal code, NOW THEREFORE, ' in consideration of the covenants and agreements herein contained, the parties hereto agree .as follows: BUILDER has constructed, at a total cost of $230913.00, a water main line and appurtenances to serve BUILDER'S development and . adjacent properties. Exhibit "A" , attached hereto. and made apart hereof, is a map of the area served. BUILDER has dedicated said FACILITIES to CITY . The refund to be paid to BUILDER, out of available funds, under this agreement is as follows: Total job cost of Facilities $23,913.00 Less BUILDER'S portion (20,613. 00) Gross refundable 3,300.00 Less 10% per Huntington Beach Municipal 330.00 Code Section 14.20.060 Net refundable $ 2,970. 00 No refund shall be made by CITY to BUILDER until the Director of Public Works shall certify in writing to the Finance Director that BUILDER is entitled to a refund by reason of connection having been made to FACILITIES in accordance with the Huntington Beach Municipal Code, and the. CITY has received the water service fees from the area served. Refunds shall be payable for a period of five years only from the date of applicant's application for main line extension. Refunds shall be made from subsequent development at 'the rate of Three Dollars and Seventy-five cents ($3.75) a front foot in accordance with Section 14 .12.010 of the Huntington Beach Municipal Code. Refunds shall not exceed ninety percent of off-site construction costs. Refunds shall bear no interest. Refunds shall be payable only to the original applicant or applicants. Upon death of applicant,. the right to refund shall terminate. CITY shall not be liable for -payment refund by reason of its failure to collect or receive from any person. or entity the water service fee. If a developer who develops property served by the S'. �.Y X FACILITY is required by CITY as a condition of development to construct additional facilities, BUILDER agrees that CITY may allow said developer credit toward the water service fee, and no reimburse- ment fees shall be due BUILDER by reason of such construction. In the event CITY does not require a developer to deposit the water service fees with the CITY prior to or concurrent with develop- ment, CITY may enter into an agreement with said developer stating that said developer is obligated, not only to the CITY, but BUILDER, and to developers who have previously contributed to the cost of construction of FACILITIES constructed hereunder, to deposit said fee with C.ITY. ', The CITY shall not be required to pay attorney fees or court costs for any breach of this agreement. Iri.the event his agreement conflicts with- or contradicts any CITY ordinances, the ordinance provisions shall prevail over the terms of this agreement. (Rest of this page not used) WITNESS OUR HANDS AND SEALS the day, month and year appearing below. DATED this o�0 day of 197,7 CITY OF HUNTINGTON BEACH (CITY) icipal corp ion Mayor ATTEST: City Clerk JANES COMPANY WED AND APP VED: By'�' "1 \ ty Administrator INITIATED AND .APPROVED AS TO CONTENT: irector of l c Works APPROVED AS TO FORM: City Attorney P6- EXH IDIT " M I . u E 11, +AV5. Rll00�R. __ DRIVE jv 1 � I 4 I , S P�ARCE Vf9EEf CONTRACT. !?OUTING MEMO To: Applicable Department Director From: A. De La Loza Contracts Administrator Subject: Contract ii -/3 4- �D�✓ � Please review attached agreement and note recommendation and comments prior to routing to the next department listed. DEPARTMENT RECOMMENDATION- DATE (Approval/Disapproval ) q l ✓ l . Initiating Department: T11&LI.L I,Jo(LK�Y l �d-O r/�. . Contracts Administrator (Log/Distribution) 3. C i ty Attorney 4. Finance Director 5. City Treasurer/Risllg�° i/ D . DEPT. OF PUBLIC WORKS 6. : Other 7. Other N0V 1 1977 8. City A d m i s t r a to r yURrINQ-MN BFACM, C.4-P. 9. City Council 10. City Clerk 11 . Contrasts Administrator Attach comments if necessary. A4. AA G\�y pF HIjIV .. 0 ,sFp z 9 BORN EY CITY ®F '@-lUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH - To F. -B. Arguello From A. De La Loza Director of Finance Contracts Administrator Subject Contract # 77=134 and 77-135 Date November 8., 1977 Attached please find the above reimbursement agreements submitted for processing. Significant changes involve the .addition of language which more clearly identifies the priority of payment to developers in the same distr.itt. Additionally some of the ambiguous language of the- old -format has been deleted and the current municipal code sections are appropriately incorporated. The draft has been reviewed by the City Attorney and approved. I , therefore, recommend approval . on the attached routing mo. A. De La Loza Contracts Administrator AD/cg REIMBURSEMENT AGREEMENT 77-W3 \ WATER MAIN CONSTRUCTION \ THIS AGREEMENT entered into by and between the City of Huntington Beach, a municipal corporation, _Yiereinafter referred to as CITY, and Janes Company, hereinafter referred to as BUILDER, WHEREAS, BUILDER, pursuant to agreement with CITY, has at its own cost and expense, constructed 535 lineal feet of 8 inch .A.C,.P . water main, 1640 lineal feet of 6" A.C.P . water main, 3 blowoff assemblies, 5 fire hydrants , and 17-1" • water services , in Green Street Rudder Drive, Jib Circle and Bolsa Chica Street hereinafter referred to as FACILITIES , to serve BUILDER' S development known as Tract 9404 and adjacent properties located on the east and west sides of Green Street between 86 feet south of the centerline of Rudder Drive to 440 feet south thereof, and said FACILITIES have been constructed in conformity with the plans and specification approved by the. Director of Public Works of CITY and have . been dedicated to CITY, and CITY desires to reimburse BUILDER for the cost of the construction of said water line, as . provided by the CITY' S municipal code, NOW THEREFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows : BUILDER has constructed, at a total cost of $23, 913 . 00 , a water main line and appurtenances to serve BUILDER' S development and adjacent properties. Exhibit "A" , attached hereto and made apart hereof, is a map of. the area served. BUILDER has dedicated said FACILITIES to CITY i i The refund to be paid to BUILDER, out. of available funds, under this agreement is as follows : s Total job cost of Facilities $23 ,913 . 00 Less BUILDER' S portion (20, 613. 00) Gross refundable 3 , 300. 00 Less 10% per Huntington Beach Municipal 330. 00 Code Section 14 . 20. 060 Net. refundable $ 2 , 970.'00 No refund shall be made by, CITY to BUILDER until the Director . of Public Works shall certify in writing to the Finance Director that BUILDER is entitled to a refund by reason of connection having been made to FACILITIES in accordance with the Huntington Beach Municipal Code, and the CITY has received the water service fees from the area served. Refunds shall be payable for' a period of five years only from the date of applicant' s application for main line extension. Refunds shall be made from subsequent development at the rate of .Three Dollars and Seventy-five cents ($3 . 75) a front foot in accordance .with Section 14 . 12 . 010 of the Huntington Beach Municipal Code. Refunds shall not exceed ninety percent of off-site .construction costs. Refunds shall bear no interest. Refunds shall be payable only_ .to the original applicant -.or applicants. Upon death of applicant, the right to refund shall terminate. CITY shall not be liable for payment refund by reason of its failure to collect or receive. from any person or entity the water service fee. If a developer who develops property served by the s FACILITY is required by CITY as a condition of development to construct additional facilities , BUILDER agrees that CITY may allow. .' said developer credit toward the water service fee, and no reimburse- ment fees shall be due BUILDER by reason of such construction. In the event CITY does not require a developer to deposit the water service fees with the CITY prior to 'or concurrent with develop- ment, CITY may enter into an agreement with said developer stating that said developer is obligated, not only to the CITY, but .BUILDER, and to developers who have previously contributed to the cost of construction of FACILITIES constructed hereunder, to deposit said fee with CITY. The CITY shall not be required to pay attorney fees or court costs for any -breach of this agreement. In the event'rhis agreement conflicts with or contradicts any CITY ordinances, the ordinance provisions shall prevail over the terms of .this agreement. (Rest of. this page not used) .c WITNESS OUR HANDS AND SEALS the day, month and year appearing below. . DATED this day of 19 CITY OF HUNTINGTON BEACH (CITY) a municipal corporation Mayor ATTEST: City Clerk JANES COMPANY (BUILDER) REVIEWED AND. APPROVED: By City Administrator INITIATED AND APPROVED AS TO CONTENT. Director of Public Works APPROVED AS TO FORM: City Attorney SD I A U E 11, +AV5.._ ., RUDDER. ��►V� 1 � S 1 v I /II I EXHIDIT A PEIL +Av5. N�t�• RUDD�� DRIVE -Q -- v v I s P�ARC � � fR�ET 4- SHEET_OF _SHEETS - s v J 0 OC � I ' f SHE ET_OF-SHEETS City of Huntington Beach (r+�7 P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT November 22 , 1977 Janes Company 17932 Sky Park; Suite D Irvine, California . 92714 Attention: Jorge. Alvarez Subject: Reimbursement Agreement No. 77-W3 ,. Gentlemen• Enclosed please find the subject agreement between the City and Janes Company .for. water mains installed in conjunc- tion with Tract 9404 . If the. agreement meets with your satisfaction, please sign .and return it to this office so-.that I .may transmit the agreement to the City Council. for execution. Very truly yours, H. E. Hartge Director- of Public Works HEH•JWW:mc Encl. a i he Janes company 17932 sky park, suite d Irvine, ca 92714 jorge J. ajvarez (714) 979-3376 -Vf A-c-r--� -(2 7' Z e 75 KENNEDY PIPELINE COMPANY - — _ 711 N. FAIRVIEW, SANTA ANA, CALIFORNIA 92703 P.O.BOX 1527, SANTA ANA, CALIFORNIA 92702 PHONE (714) 835-2401 February 22, 1977 Janes Company 17932 Sky Park Circle, Suite D Irvine, California Gentlemen: Attention: Mr. George Alvarez We are pleased to submit our bid for the sewer and water utility system in Huntington Beach, Tract: 9404, as per the following. 1084' 8" V. C. P. @ 9. 95 10, 785. 80 448' 6" V. C. P. @ 6. 00 2, 688. 00 5 Manholes @ 625. 00 3, 125. 00 50, Bore �. 88. 00 _ 4, 400. 00 . TOTAL 20, 998. 80 WATER: 535' 8"A. C. P. CL 150 @ 8.25 4, 413. 75 -11640' 6"A. C. P. CL 150 @ 7. 50 12, 300. 00 3 Blow-off Assemblies @a 450. 00 1,350. 00 5 Fire Hydrant Assemblies @ 995. 00 4, 975. 00 17 1" Water Services (Meters by others) @ 145. 00 2, 465. 00 2 6 .' Gate Valves @ 400. 00 00- TOTAL 26,303. 75 Prices include one foot of sand over pipe. 3 S' _7s S Prices are based on 596 retention. All engineering, permits and fees to be furnished by others. If import material is required for backfill use $5. 00 per ton as a unit price. Excess spoil, if any, to be spread neatly within the right of way. Janes Company February 7, 1977 Page 2 Re: Huntington Beach, Tract: 9404 Quantities are from -unsigned plans, billings to be by unit prices. Removal and replacement of asphalt figure $2. 25 per sq. foot. If rock is to be used to control ground water use $8. 00 per ton as a unit price. If rock is encountered, removal of said rock on cost plus basis. If we can be of any further assistance to you, please contact us at our Santa Ana Office. - Telephone - Area Code 714 835-2401. Very truly yours, ZKEN Y EL O PANY Richard Thompson RT/sh L & S CONSTRUCTION 9102 MARYLEE DRIVE SEWERS, STORM DRAIN & WATER SYSTEMS GARDEN GROVE, CALIF. 92641 (714) 539-0295 Contract s License #29 3 PIPELINE PROPOSAL AND AGREEMENT To Jans Dev. Date 9/30/76 hereinafter called Owner 17965 Sky Park Suite F Street Irvine Calif. Tract or Job No. : 9404 City Approx. Quantity Description Unit Price Total 535 L/F gii A.C.P. $8.50 $ 4,547.50 1600,L/F 611 A.C.P. 7.50 $12,000.00 2-307 1 Ea. 2f1 Blow-Off $200.00 200.00 60-0 2 Ea. Fire Hydrant Assy. $800.00 1 ,600.00 7 n 9 17 Ea. 111 Water Services $145.00 22465.00 Sand will be supplied at $4.50 per ton. If sand bedding or backfill, or rock bedding is required, to be at negotiated price. All footage is to be measured upon completion. All permits, inspection and engineering fees are to be paid by Owner. Owner agrees to pay 95%of the total price when ditches are backfilled and flooded; the remaining 5%upon completion. interest @ 7To will be charged after 35 days from billing. Owner agrees to furnish water-at__his expense to Contractor within the tract site in amounts sufficient for flooding _ trenches. All excess dirt from excavations by Contractor shall be left at trench site; any removal of dirt from trench site, including the regrading of streets and lot grades shall be the responsibility of the Owner. Any additional costs, caused by changes or deviations of plans or specifications, will be assumed by the Owner. The Owner will assume responsibility for damage to underground pipelines and conduits that are not properly located by him (the Owner). This Proposal will become null and void if not accepted within 30 days after the date shown hereon. In the event Contractor shall institute and prevail in any action or suit for the enforcement of any of its right hereunder. Owner shall pay to Contractor a reasonable attorney's fee on account thereof. ACCEPTANCE L & S CONSTRUCTION You are hereby authorized to furnish and install the above equipment and materials at the price and under the terms 9102 Marylee Drive and conditions as set forth above. Garden Grove, Calif. 92641 Owner By. By Date Accepted , 19 ROBERT G. CASTONGIA, INC. GENERAL ENGINEERING CONTRACTOR 12323% WOODRUFF AVENUE DOWNEY, CAUFORNIA 90241 (213) TO 1-2228 • WA 3-1123 maAcA 7, 7 977 ganeA Company 1793 -Shy %aiA DIUve Swi-te D .94vine, CA Attn: gevAge Al vaae,5 Seive2 %rf,da.L - l Aaci 9404 1,084 P. o� 8" VCl @ $10.50 pee it. $11,382.00 578. L. F. o, 6" VCP @ $7.50 peg. (t. $ 4035.00 5 eacJt ae vea manAo)-ej @ $800.00 each 42000.00 lvta. Sewez 179,717.00 watea Line %nvpoia l- - l icac# 9404 535 f t, o� 8" ACr @ $9.00 pee ,fit. $ 4,815.00 1,640 jt. o4 6" AC% @ $7.50 $12,300.00 3 each blow o�p @ 9250.00 each ,�� 750.00 5 each (iAe Aydnan;&j @ $1,400.00 each 7,000.00 17 each wate2 .jelwi.cea @ $140.00. each 2,380.00 l oial Wateit. $27,245.00 %ota, Sewea and U)ateit Line $46, 962.00 ?OB�?l g. CASTON 0A, .ANC. rivbeat y. Cajtvngi.a l