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HomeMy WebLinkAbout07 - C-3815 - Bristol Street NorthCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 October 10, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Steve Luy, P.E. 949- 644 -3330 or sluy@city.newport-beach.ca.us SUBJECT: APPROVAL OF AN AGREEMENT WITH THE COUNTY OF ORANGE FOR THE BRISTOL STREET NORTH — STREET REHABILITATION, CONTRACT NO. 3815 RECOMMENDATION: Approve the proposed Agreement between the City of Newport Beach and the County of Orange to add resurfacing of the County owned portions of the intersection at Bristol Street North and Campus Drive as a part of the Bristol Street North between Campus Drive and Jamboree Road Street Rehabilitation project and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: The City of Newport Beach has prepared construction documents to resurface Bristol Street North from Campus Drive to Jamboree Road. The County of Orange (County) has requested that the City include the County portions of the intersection of Bristol Street North and Campus Drive into the City's project. The Agreement defines each Agency's roles and responsibilities. The City of Newport Beach will be responsible for construction administration, construction engineering, survey, testing, and inspection for the entire project. The County will reimburse the City for the County's share of the construction costs estimated at $58,000. The total project cost is estimated at $642,000. The construction drawings and specifications have been reviewed by both the City and the County. The project will be advertised for bid after the Agreement is fully executed by both parties. The County Board of Supervisors approved the Agreement at its August 15 meeting. Approval of an Agreement with the County of Orange for the Bristol Street North — Street Rehabilitation. Contract No. 3815 October 10. 2006 Page 2 Environmental Review: City staff has reviewed the project and has determined the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines when the project is authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Associate Civil Attachment: Agreement Submitted m G. Badum Works Director ORANGE COUNTY BOARD OF SUPERVISORS MINUTE ORDER August 15, 2006 SubmittingAgencm Department: RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT Approve agreement D06 -026 with Newport Beach for Bristol Street North rehabilitation from Campus Drive to Jamboree Road; and make California Environmental Quality Act findings - District 2 The following is action taken by the Board of Supervisors: APPROVED AS RECOMMENDED 0 OTHER O Unanimous ® (1) CORREA: Y (2) SILVA: Y (3) CAMPBELL: Y (4) NORBY: Y (5) WILSON: Y Vote Key: Y =Yes; N =No; A Abstain; X= Excused,• B.O. =Board Order Documents accompanying this matter: O Resolution(s) O Ordinances(s) 6 Contract(s) (, 0 RI & Item No. 15 Special Notes: Copies sent to: CEO RDMD: Pete Allen RDMD /Accounting: Linda Scherer S- 1-1 -o% 9 csc�\z: i certify that the foregoing is a true and correct copy ofthe Minute Order adopted by the Board of Supervisors, Orange County, State of California. DARLENE J. BLOOM, Clerk of the Board By: - ty ORIGINAL Agreement No. D06 -026 CLERK OF THE BOARD ORANGE COUNTY 1 AGREEMENT 3 THIS AGREEMENT, made and entered into as of the date signed by the Mayor, City of 4 Newport Beach, is, BY AND BETWEEN The CITY OF NEWPORT BEACH, a Municipal 5 Corporation in the State of California hereinafter referred to as "CITY"AND The COUNTY OF ORANGE, 6 a political subdivision of the State of California, hereinafter referred to as "COUNTY". 7 WITNESSETH 8 WHEREAS, CITY proposes to rehabilitate Bristol Street North from Campus Drive to Jamboree 9 Road, hereinafter called PROJECT; 10 WHEREAS, a portion of Bristol Street North lies within COUNTY's jurisdiction; 11 WHEREAS, COUNTY desires to rehabilitate at the same time its portion of Bristol Street North 12 within the PROJECT limits; 13 WHEREAS, CITY applied and was approved for funding under the Arterial Highway 14 Rehabilitation Program (AHRP); 15 WHEREAS, PROJECT construction is Categorically Exempt in conformance with the 2005 CEQA 16 Statues and Guidelines under Article 19, Section 15301; 17 WHEREAS, CITY and COUNTY wish to define areas of responsibility for the design, construction 18 and inspection of PROJECT. 19 NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 20 SECTION I 21 CITY Shall: 22 A. Be and is hereby designated as PROJECT Engineer, Contracting and Construction Agent for 23 the parties to do and perform all tasks necessary in order to design and construct PROJECT in accordance 24 with the approved plans, specifications and special provisions and to execute and deliver all documents 25 required in connection with the construction and completion of PROJECT, including its Notice of 26 Completion and Final Accounting Report. Page 1 of 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement No. D06 -026 B. Submit PROJECT plans, specifications and special provisions to COUNTY for review and approval by the County Engineer or his designee, hereinafter referred to as "COUNTY ENGINEER', as to design and construction features affecting PROJECT within COUNTY limits. C. During the period of construction, have jurisdiction and control over the PROJECT area including that portion within the COUNTY limits for the purpose of PROJECT construction and for no other purpose. D. Obtain the written concurrence of COUNTY ENGINEER prior to making field decisions or issuing PROJECT change orders affecting PROJECT's design or costs by 101/6 or greater of the COUNTY's deposit to CITY for any portion of PROJECT within COUNTY limits. E. Not accept improvements under the contract for PROJECT until COUNTY ENGINEER approves, in writing, the construction as it affects the operations and maintenance of PROJECT within COUNTY limits within five business days. F. Furnish and deliver to COUNTY, if requested, all documents required in connection with the construction and completion of PROJECT. SECTION H COUNTY Shall: A. Review for approval by COUNTY ENGINEER the final plans, specifications and special provisions as to design and construction features affecting the construction, operation and maintenance of PROJECT within COUNTY limits within five business days. B. Be responsible for the entire total cost of PROJECT construction and any approved extra work for that portion of PROJECT construction within COUNTY limits, plus a proportionate share of the engineering and inspection costs based on the ratio of the COUNTY's's construction costs to the total contract construction costs and deposit the full amount of COUNTY's share of PROJECT construction and engineering costs with CITY prior to commencement of PROJECT construction. The portion of PROJECT within COUNTY limits shall be as COUNTY boundaries exist at the time the CITY's Council awards the contract for PROJECT. Total costs will be determined by multiplying the awarded contract's actual bid Page 2 of 6 Agreement No. D06 -026 1 unit price by the total number of work items within COUNTY limits. The estimated cost for COUNTY's's 2 portion of PROJECT construction cost is approximately Fifty Eight Thousand Zero Hundred Dollars 3 ($58,000.00), including engineering and inspection costs, materials testing, and construction administration 4 costs, and in no event shall the final cost to COUNTY exceed Fifty Eight Thousand Zero Hundred Dollars 5 ($58,000), plus 101/6 contingency cost without prior written approval of COUNTY. County approval for 6 any costs over and above the $58,000, plus 10% contingency costs, shall not be unreasonably withheld 7 provided that the request is supported by complete documentation of the need for and costs of such actions. 8 C. Have access to the PROJECT work area at all times during the progress of construction of 9 PROJECT 10 within COUNTY limits for the purpose of inspection and should COUNTY deem any remedial measures 11 to be necessary, COUNTY shall immediately notify CITY thereof in writing. 12 D. Review completed construction for PROJECT and give CITY approval to accept 13 improvements within COUNTY limits. Approval shall be withheld only for work not completed per the 14 approved plans and special provisions and approved extra work. 15 E. Not withhold any approval or concurrence without good cause. 16 SECTION III ... 17 PAYMENTS AND FINAL ACCOUNTING: 18 A. After CITY receives bids for PROJECT construction, COUNTY will, upon CITY's written 19 request, deposit with CITY, COUNTY's's entire share of PROJECT's construction costs based on actual 20 bid prices. 21 B. Within ninety (90) days after acceptance of the improvement under the contract by 22 CITY, CITY shall submit to COUNTY for review and approval by COUNTY ENGINEER, a Final 23 Accounting Report for PROJECT. 24 If the Final Accounting Report as approved by COUNTY ENGINEER shows that the total cost to 25 COUNTY is less than the amount deposited with CITY, CITY shall promptly reimburse COUNTY the 26 difference between the amount deposited and the actual cost. If the Final Accounting Report as approved Page 3 of 6 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement No. D06 -026 by COUNTY ENGINEER shows that the total cost to COUNTY is more than the amount deposited by COUNTY, COUNTY shall promptly reimburse CITY for the difference between the amount deposited and the actual cost, subject to the provisions of Section H B. SECTION IV It is MUTUALLY UNDERSTOOD BY THE PARTIES HERETO THAT: A. CITY assumes responsibility for the portion of the PROJECT within COUNTY limits for the purposes of PROJECT construction and for no other purposes. Upon acceptance of the PROJECT improvements under the contract by CITY, COUNTY shall accept ownership and responsibility for the portion of PROJECT within COUNTY limits. B. Pursuant to and in accordance with Section 8546.7 of the California Government Code, as this Agreement involves expenditures of State funds aggregating in excess of Ten Thousand Dollars ($10,000), the parties shall be subject to the examination and audit of the Auditor General of the State of California for a period of three (3) years after final payment under this Agreement. C. That neither COUNTY 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 delegated to CITY under this Agreement. It'is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend with Counsel approved in writing by COUNTY, and hold COUNTY 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 delegated to CITY under this Agreement. D. That 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 COUNTY under or in connectioi with any work, authority, or jurisdiction not delegated to CITY under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend with Counsel approved in writing by CITY, and hold CITY harmless from any liability imposed for injury (as Page 4 of 6 1 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement No. D06 -026 defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by COUNTY or in connection with any work, authority, or jurisdiction not delegated to CITY under this Agreement. E. The Parties agree that any agreement made by CITY for the work to be performed pursuant to this Agreement is made and entered into for the protection and benefit of COUNTY and CITY and their respective successors and assigns. As such, CITY agrees to identify COUNTY as third party beneficiary it all such agreements entered into with contractors for the work performed pursuant to this Agreement. COUNTY's's third party beneficiary rights shall include, but not be limited to COUNTY's's right of enforcement against any contractor hired by CITY for work performed in the COUNTY'S, and COUNTY'; shall have the right to enforce any agreement between CITY and its contractors for such work. Page 5 of 6 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement No. D06 -026 IN WITNESS WHEREOF, the CITY has caused this Agreement to be executed by the Mayor and attested by its clerk, and COUNTY has caused this Agreement to be executed by its Chairman of the Board of Supervisors and attested by its Clerk, all thereunto duly authorized by Minute Orders of the City Council and the Board of Supervisors, respectively, on the date written opposite their signatures. Date: 8—(6-0(0 COUNTY OF ORANGE, a political subdivision of the State.of California By: Chairman of the oard of Supervisors SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM: THIS DOCUMENT HAS BEEN DELIVERED COUNTY COUNSEL TO THE CHAIR OF THE BOARD OF SUPERVISORS By: By: Darlene J. loom uty Clerk of the Board of Supervisors of Orange County; California THE CITY OF NEWPORT BEACH, A municipal corporation D. 620 •• ATTEST: City Clerk of the Council Mayor Approved as to form: /j SS �5�+► M City Attorney Page 6 of 6