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Home My WebLink AboutC-1048 - Joint Powers Agreement, sewer facilities Jamboree RoadE 6 A G R E E M E N T THIS AGREEMENT, made and entered into this A-S� day of 19663 by and between the CITY OF NEWPORT BEACH,.a . m icipal corporation, hereinafter designated as "City ", and COUNTY SANITATION DISTRICT NO. 5, of Orange County, California, hereinafter designated as "Sanitation District "; W I T N E S S E T H: WHEREAS, City intends to enter into a contract for the realignment and improvement of Jamboree Road between Ford Road and Pacific Coast Highway, hereinafter referred to as the "project "; and, WHEREAS, Sanitation District maintains and operates a sanitary sewer within the right -of -way of Jamboree Road; and, WHEREAS, the project will necessitate the relocation and reconstruction of a portion of the Sanitation District facilities which is described as follows: Sanitary sewer from the pump station in Big Canyon near Jamboree Road Station 77 + 00 to the first manhole southerly of San Joaquin Hills Road at Jamboree Road Station 66 + 00+, the location of which is shown on Exhibit "A" attached hereto; and, WHEREAS, it would be more economical to accomplish the relocation and reconstruction of the Sanitation District facility as described above as a part of the general construction contract for the project; and, WHEREAS, the provisions of Title 1, Division 7, Chapter 5, Article 1, of the California Government Code entitled "Joint Powers Agreements" authorize two or more public agencies to jointly exercise any power common to the contracting parties; NOW, THEREFORE, in consideration of the mutual benefits, covenants and conditions herein contained, the parties hereto agree as follows: 1. Sanitation District shall prepare detailed plans, specifications and cost estimates for the relocation and recon- struction of the Sanitation District sanitary sewer from the pump station in Big Canyon near Jamboree Road Station 77 + 00 to the first manhole southerly of San Joaquin Hills Road at Jamboree Road Station 66 + o0 ±, in a form suitable for use by the City for the purpose of obtaining public bids for said work as a part of the project. 2. City is designated as the agent of Sanitation District for the purposes of contracting for and constructing the Sanitation District improvements described in this agreement and is authorized by the Sanitation District to perform all acts necessary or re- quired in order to construct the improvement in accordance with the plans and specifications prepared by Sanitation District. City agrees that the improvements to be constructed for Sanitation Dis- trict shall be set forth as a separate bid item in the call for bids for the project, and that City shall award a public works contract for the project in conformity with the public bid procedure set forth in Section 1110 of the City Charter. After the bids have been opened and reviewed, City may at its discretion award a con- tract to the lowest responsible bidder as determined by the City Council including the improvements to be constructed for the Sanitation District, provided that the amount included as a separate bid item for the Sanitation District improvements does not exceed $17,000. If the separate bid item for the Sanitation District improvements exceeds $17,000, City agrees that it will not include said separate bid item in the contract without obtaining the prior approval of Sanitation District. 3. Within thirty (30) days after the award of the contract for the project, Sanitation District agrees to pay City the full amount of the contract cost for the Sanitation District improvements. City agrees to furnish all inspection services in -2- connection with the Sanitation District improvements and Sanita- tion District agrees to reimburse City for said inspection services on the basis of three and one -half percent (3 -1/2%) of the total contract cost of the Sanitation District improvements. 4. It is mutually understood and agreed that neither Sanitation District 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. City agrees that, pursuant to Government Code Section 895.4, it shall fully indemnify and hold Sanitation Dis- trict 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 agree- ment. IN WITNESS WHEREOF, the City and the Sanitation District have caused their names and seals to be affixed hereto by and through their officers thereunto duly authorized. t PI"'OY D AS TO roRM D,: f . -J: -,.!/ —.e., 141 /i d CITY ATTORNEY By.�..✓ v CITY OF NEWPORT BEACH, a municipal corporation By-, �, M-for By 7 ,,,.., City Clerk v and COUNTY SANITATION DISTRICT NO. 5, of Orange County, California, a public corporation to =10 JOIN EXIST.: P PUMPING STA m REPLACE EXIST. 8" -. SEWER R, K WITH. 1150't OF NEW r 1-4"SEWER .F, K JOIN GXIST, ` 040 -Z 'l -Z 5 umawi ti A** b w low rMseaw to OW city comwil a 6 peopend sareeowt thR $iv' Of tart bmeb asw! cams ► 7 24mittatlon bist"4t tai S ash tbs si vile t as #r 8 9 10 11 12. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 . 30 31 32 04 00 ssaitation lKatrut in c tia vitb cba "10"rias aed temoAtructift of twa du ssnit"y amm l ts" tdt+s" am right -oiawg ps Jasibora Amd,. AjAb vwk is to be slM it as w sewoto bid item in the "V% s"uA wwkor aftufta air 8bs ttWU "d Ott of " %"d bsevem Ind IMd and fteiii4ft Grist: Hj*M*y; ead VMS" : the City "Wwti bas "Midas" tba two and t- voutians of do aV t we fVM4 than to be :!!air and KsltrsL � ► w IT sbsoula tut said sgsemm"t:is 9"d Mlpd tb* IVAyft ietd City Glerk axs 400WJS" MW Airectisd to o lAtO the same an bebals of the "sy Ot art bwaho ............ ,�f 040- 0 TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. C -1048 Date August 8, 1966 Authorized by Resolution No. 6387 , adopted on June 27, 1966 Date Mayor and City Clerk executed Contract June 28, 1966 Effective date of Contract June 25, 1966 Contract with County Sanitation District No. 5 Address Brief description of Contract Construction of Jwboree Road Force Main Amount of Contract -- l City Ye rk 11 County Sanitation Districts of Orange County 10844 Ellis Avenue P. O. Box 5175 Fountain Valley, California 92708 0 June 30, 1966 Attention: Fred A. Harper General Manager- Secretary Subject: Agreement between the City of Newport Beach and County Sanitation District No. S. for Construction of the Jamboree Road Force Main Gentlemen: Enclosed are two duly executed copies of the subject agreement which was authorized by the City Council of the City of Newport Beach on June 27, 1966 by the adoption of Resolution No. 6387, copy of which is attached. Yours very truly, MARGERYSCHROUDER City Clerk Deputy lcl Encl. E CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT To: City Clerk From: City Attorney June 15, 1966 � -1 Subject: Agreement with County Sanitation District No. 5 Transmitted are three copies of subject agreement which have been executed by Sanitation District No. 5. Two executed copies will be required by the Sanitation District. The attached resolution, if adopted, will authorize execution by the City. 'he Public Works Director has requested that this be presented to the Council at their meeting on June 27th.P Tul4 Seymo0 City A torney THS :aem Attachs.. cc - City Manager Public Works Director COUNCIL: 6 -1 ? ti CT_:: Or— T[o'vRT BEACH PUv�iC ::; nS DE PAIR T;:ENT 0 Date JJNE 10, 190 N0. TO: CITY ATTORNEY FROxV: ASST. PUBLIC � -ORKS DIRECTO:', SUBJECT: AGREE ?;EPJT kJiTH COUNTY S;.NITATIGN DISTRICT N0. � FOR CONSTRUCTION OF J;;P�30REE R0 4D FORCE INCLOSED A�-,E THREE COPIES Or THE SUBJECT .,GREEM --NT WHICH HAVE EEN EXECUTED 8Y DISTRICT INS. j. PLEASE PREPARE A RESOLUTION FOR COUNCIL ACTION ON JUNE 27 AUT;:ORIZING Ti-.E AYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF 0; THE CITY. TWO EXECUTED COPIES bI;LL 3E .REQUIRED BY THE SANITATION DISTRICT. BENJAMIN a. NOLAN ASST. PUBLIC ;-IORKS DIRECTOR CC: CITY CLERK HTC:NAJ ATT: E L I i i I. is t; I< Y a_ A.a _.. "TATI - ISR 9n2 NG.E COUNTY, C NffvWt Beach; California At.tem.ions City Clerk Nf� R eference: Afire tam t 6n t.t Ci +,� ofewp:.rand Cour.?:y tbticr. District, Enclosed are three c.Gpies�of the subj�t agreement,Yor approval and executift on behalf of City, The agreement was approvek_by the % -board of Di rector$= at "Co Sanitation District .-5 at itaregular meet.i*�bw June 8, 1966. After processing, please ret -two copiee -to as� records. Fred A.. Harper '- General Manager- Secretary /jb Encls. 3+