HomeMy WebLinkAboutC-1752(C) - Amended engineering service agreement, improvements to S.W. corner, Jamboree & BristolL
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1732 -C1
0
CITY OF NEWPORT BEACH
CALIFORNIA
DATE August 2. 1977
City Hall
3300 W. Newport Blvd.
Area Code 714
Description of Contract Cam, Aereemmt f /Coeatruction of 8oadv&y
Improvements-8/w corner Jamboree/Driotol
Authorized by Resolution No. 4nst , adopted on A -11 -77
Effective date of Contract 5 -IA -77
Contract with r
Be- �yy4ty� .nw..wt.l ►Lw� =srwt ���.7�pn� eat Div
Address P.O. Dos 1079
Santa Ana, CA 92702
Amount of Contract See contragt
City Clerk
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
May 24, 1977
RECEIVED
MAY 2 71977
E. M. A.
IN RE: AHFP AGREEMENT - PROJECT No. 844 JAMBOREE ROAD
CITY OF NEWPORT BEACH
On motion of Supervisor Clark, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Arterial
Highway Financing Program Project Administration Agreement, dated May 24,
1977 „ between the County of Orange and the City of Newport Beach for
Jamboree Road improvements between Ford Road and MacArthur Boulevard,
Project No. 844.
IN RE: AGREEMENT JAMBOREE ROAD CITY OF NEWPORT BEACH
On motion of Supervisor Clark, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Agreement,
dated May 24, 1977, between the County of Orange and the City of Newport
Beach for the improvement of a portion of Jamboree Road between Ford Road
and MacArthur Boulevard, as recommended by the Director, Environmental
Management Agency, in his letter dated May 24, 1977.
®F20232.3 (32(76)
C-
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
May 24, 1977
RECEIVFr'
MAY 2 71977
E. M. A.
IN RE: AHFP AGREEMENT - PROJECT No. 844 JAMBOREE ROAD
CITY OF NEWPORT BEACH
On motion of Supervisor Clark, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Arterial
Highway Financing Program Project Administration Agreement, dated May 24,
1977 „ between the County of Orange and the City of Newport Beach for
Jamboree Road improvements between Ford Road and MacArthur Boulevard_,
Project No. 844.
IN RE: AGREEMENT JAMBOREE ROAD CITY OF NEWPORT BEACH
On motion of Supervisor Clark, duly seconded and unanimously
carried, the Chairman and. the Clerk are authorized to sign the Agreement,
dated May 24, 1977, between the County of Orange and the City of Newport
Beach for the improvement of a portion of Jamboree Road between Ford Road
and MacArthur Boulevard, as recommended by the Director, Environmental
Management Agency, in his letter dated May 24, 1977.
®F1013 -2.3 (12/76)
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Agreement No. D77 -015
A G R E E M E N T
This AGREEMENT, made and entered into this day of
1977,
BY AND BETWEEN
AND
The CITY of NEWPORT BEACH, a municipal corpor-
ation, hereinafter designated as CITY,
The COUNTY OF ORANGE, a political subdivision
of the State of California, hereinafter desig-
nated as COUNTY.
W I T N E S S E T H:
WHEREAS, CITY intends to improve Jamboree Road under Arterial Highway
Financing Program Project No. 844 which urovides- for - the - -widening of Jamboree Road
between Ford Road and MacArthur Boulevard; and
WHEREAS, a portion of said roadway lies entirely within an unincorporated
area of the County but is contiguous.with said improvement of Jamboree Road; and
WHEREAS, CITY has requested COUNTY to improve said COUNTY portion and
COUNTY concurs with CITY's request; and
WHEREAS, CITY has offered to design, contract and inspect the construction
of said COUNTY portion in conjunction with its work under said Arterial Highway
Financing Program Projects and
WHEREAS, CITY and COUNTY consider it in the best interest of economics
and public safety to combine the design and construction of said COUNTY portion with
CITY'S Arterial Highway Financing Project No. 844, hereinafter referred to as PROJECT.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
I. CITY SHALL:
A. Be and is hereby designated as Project Engineer, Contracting and
Construction Agent for the parties to do and perform all things necessary in order to
design and construct said COUNTY portion of PROJECT, as shown on EXHIBIT "A" and by
4W 44W
1 reference made a part hereof, and to execute and deliver all documents required in
2 connection with the construction and completion of said PROJECT including Certificate
3 of Cost and Certificate of Completion for PROJECT.
4 B. Be and is hereby designated as "Lead Agency" pursuant to the
5 Guidelines for Implementation of the California Environmental Quality Act of 1970,
6 and as amended.
7 C. Acquire all necessary temporary construction easements or rights
8 of entry over the portion of the PROJECT lying within COUNTY territory.
9 D. During the period of construction, have jurisdiction over the
10 construction area including that portion COUNTY territory.
11 I1. COUNTY SHALL:
12 A. Review for approval by the Assistant Director, Development, Environ-
13 mental Management Agency (EMA), or his designee, the plans and specifications as to
14 design and construction features affecting the construction, operation and maintenance of
15 COUNTY'S portion of PROJECT.
16 B. Be and is hereby designated as "Responsible Agency" pursuant to the
17 Guidelines for Implementation of the California Environmental Quality Act of 1970,
18 and as amended.
19 C. Reimburse CITY for COUNTY'S portion of PROJECT.
20 D. At all times during the progress of construction of said PROJECT,
21 have access to the work thereon for the purpose of inspection thereof; and should
22 COUNTY deem any remedial measures to be necessary, COUNTY shall notify CITY thereof.
23 III. The estimated cost to COUNTY for COUNTY'S portion of PROJECT is approx-
24 imately $28,000 including engineering and inspection costs. Said COUNTY portion of
25 roadway improvements consists of, but is not limited to grading, paving, curb
26 and gutter, traffic signal modification, and drainage facilities. '
27 IV. A. Within thirty (30) days after the award of contract for PROJECT,
28 COUNTY will upon CITY'S request, transfer to CITY its share of the PROJECT construction
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I funds based on an adjustment according to actual bid prices, but in no event shall
2 such share exceed $32,200 unless approved by COUNTY prior to the award of contract
3 by CITY.
4 B. COUNTY'S share of the construction costs shall be on the basis
5 of the amount of work done on said portion of roadway improvements lying within un-
6 incorporated COUNTY territory, more or less shown on the attached Exhibit "A ", at
7 the time of advertisement for bids. In this agreement, "roadway" shall be defined
8 to include work within, on and in the travel lanes, curb and gutter, parkway and all
9 necessary and pertinent work as shown on the contract plans.
10 C. CITY shall submit, within five (5) days after CITY's approval ,'all
11 contract change orders which affect COUNTY's portion of PROJECT for COUNTY's review
12 and approval by the Assistant Director, Development, EMA or his designee.
18 D. Within ninety (90) days after the acceptance of the improvement
14 under the contract by CITY, CITY shall submit to COUNTY a Final Accounting Report
15 which shall include full, true and correct copies of documents, certificates, COUNTY
16 approved contract change orders (if any) and itemized bills including costs of engi-
17 neering applicable to COUNTY'S portion of the PROJECT.
18 E. If final accounting shows the total costs to COUNTY to be less than
19 deposit, CITY shall promptly reimburse COUNTY for the difference between the deposit
20 and the actual cost. If the final accounting shows the total cost to COUNTY to be
21 more than deposit, COUNTY shall promptly reimburse CITY for the difference between
22 the deposit and the actual cost subject to the provisions of Section IV.A.
23 V. IT IS MUTUALLY UNDERSTOOD AND AGREED:
24 1. That neither County nor any officer or employee thereof shall be re-
25 sponsible for any damage or liability occurring by reason of anything done or omitted
.26 to be done by City under or in connection with any work, authority or jurisdiction
27 delegated to City under this agreement. It is also understood -and agreed that,
28 pursuant to Government Code Section 895.4, City shall fully indemnify, defend and
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hold County harmless from any liability imposed for injury (as defined by Govern-
ment 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.
2. That neither City nor any officer or employee thereof shall be re-
sponsible for any damage or liability occurring by reason of anything done or omitted
to be done by Country under or in connection 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
and hold City harmless from any liability imposed for injury (as defined by Govern-
ment Code Section 810.8), occurring by reason of anything done or omitted to be
done by County under or in connection with any work, authority or jurisdiction not
delegated to City under this agreement.
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IN WITNESS WHEREOF, City has caused this agreement to be executed
by its Mayor and attested by its Clerk, and County has caused this agreement
to be executed by the Chairman of its Board of Supervisors and attested by
its Clerk on the dates written opposite their signature, all thereunto duly
authorized by the,City Council and the Board of Supervisors, respectively.
CITY OF NEW40RT BEACH, a municipal corporation
Dated:
ATTEST: _ - ....._ —._
2,�' i -(
Clerk of the Council
COUNTY OF ORANGE, a political subdivision
of the State of California
Dated: ` / ,192-7 BY
Chairman, Board of Supervisors
ATTEST: - - - -- --
V. JUNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
361b (1) ds..._.:....
APPROVED AS TO FORM:
DENNIS D. O'NEIL
City Attorney of Newport Beach
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Mr. Joseph Devlin
Director of Public Works
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92660
SUBJECT: Agreement No. D77 -015, Jamboree Road
Dear Mr. Devlin:
TELEPHONE: 534 -2300
AREA CODE 714
MAILING ADDRESS
P.D. Sox to75
SANTA ANA, CA. 92702
PILE AHFP No. 844
CITY OF NEWPORT BEACH
3300
PUBLIC BLVD.
-,TEW PORT BEACH, CALIF. 92663
Transmitted herewith are the original and .three (3) copies of subject
agreement between the County of Orange and the City of Newport Beach
providing for the improvement of Jamboree Road between Ford Road and
MacArthur Boulevard.
If the agreement meets with your approval, please have it executed on
behalf of your City and return the original and two (2) copies to this
office for County's execution together with a certified copy of the City
Council Minutes.
A fully executed copy will be returned to you upon completion.
Very truly yours,
C. R. Nelson, Assistant Director
b �I
J. Williams, Manager
LD 'plign Division
HEM: sr
Attachments: Agreement (4 copies)
�7 4r'
y RECEIVED
PUDLIC awts
MAR 311977
CITY OF
NEWPORT BEACH, (�(
ENVIRONMENTAL MANAGEMENT AGENCY
DEVELOPMENT DIVISION
H. G. OSBORNE
400 CIVIC CENTER DRIVE WEST
DIRECTOR
SANTA ANA, CA.
C.R. NELSON
ASS15TANT DIRECTOR
p,�R q p
1IMPii 2 J 1e �7
DEVELOPMENT
O
Mr. Joseph Devlin
Director of Public Works
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92660
SUBJECT: Agreement No. D77 -015, Jamboree Road
Dear Mr. Devlin:
TELEPHONE: 534 -2300
AREA CODE 714
MAILING ADDRESS
P.D. Sox to75
SANTA ANA, CA. 92702
PILE AHFP No. 844
CITY OF NEWPORT BEACH
3300
PUBLIC BLVD.
-,TEW PORT BEACH, CALIF. 92663
Transmitted herewith are the original and .three (3) copies of subject
agreement between the County of Orange and the City of Newport Beach
providing for the improvement of Jamboree Road between Ford Road and
MacArthur Boulevard.
If the agreement meets with your approval, please have it executed on
behalf of your City and return the original and two (2) copies to this
office for County's execution together with a certified copy of the City
Council Minutes.
A fully executed copy will be returned to you upon completion.
Very truly yours,
C. R. Nelson, Assistant Director
b �I
J. Williams, Manager
LD 'plign Division
HEM: sr
Attachments: Agreement (4 copies)
�7 4r'
y RECEIVED
PUDLIC awts
MAR 311977
CITY OF
NEWPORT BEACH, (�(
• •
RIGHT OF WAY CERTIFICATION
The City of Newport Beach hereby certifies in connection
with the right -of -way for Jamboree Road widening from Eastbluff
Drive (north) to MacArthur Boulevard, AHFP Project No. 844
that:
4
1. Easements and agreements necessary for the
construction of the improvements have been executed
by the City.
2. No building improvements exist within the
right -of -way.
In making this certification, the City of Newport Beach
agrees to hold the County harmless from any liability which
may arise by reason of the County's reliance upon this certificate
and its use of said right -of -way.
Dated: ? -�
CITY OF NEWPORT BEACH
A.Municipal Corporation
is
By (n
ayor
ATTEST:
,4-7-4:� L��
City Clerk
DDO /bc
4/8/77
By '11'j RESOLUTION NO. 9051
CITY iii= WV- a'P0PT K!A" :r.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT
BETWEEN THE COUNTY OF ORANGE AND THE CITY OF
NEWPORT BEACH FOR CONSTRUCTION OF ROADWAY
IMPROVEMENTS IN UNINCORPORATED COUNTY AREA AT
THE SOUTHWESTERLY CORNER OF JAMBOREE ROAD
AND BRISTOL STREET
WHEREAS, there has been presented to the City
Council of the City of Newport Beach a certain cooperative
agreement between the County of Orange and the City of
Newport Beach for construction of roadway improvements in
unincorporated county area at the southwesterly corner of
Jamboree Road and Bristol Street; and
WHEREAS, the City Council has reviewed the terms
and conditions of said cooperative agreement and finds them
to be satisfactory and that it would be in the best interest
of the City to authorize the Mayor and City Clerk to execute
said agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said cooperative agreement
above described is approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the same on behalf
of the City of Newport Beach.
ADOPTED this 11th day of April , 1977.
Mayor
ATTEST:
City Clerk
DDO /bc
4/6/77