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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) III,;. �• � I 11 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 27 28 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 —2— 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 1 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 27 28 IWO 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. i 11/ —4— +w 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 s 1 . ......... ... srow terns IV CA 10, "Aram alKs INN lotawhy ww. sohowAy 11we SCHOOL DISTRICT PROP. TYPICAL SECTION SOLO OR BRISTOL ST COUNTY POR7704/, SAMEW 5.1-202 0 Ub A ()(0- -A. 'A S s SAN s T zsz WE (P J. 59-007 DIEGO C 12 C- VK )' N I V F R—S -T 53-380A I 59- 113 Ex#181 r A JAMBOREE ROAD SCALE AT .13-RIS-Tfit .. STRFF T H o • o . —OUNTY OF @K 1 FkANGE 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