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HomeMy WebLinkAboutC-1838 - Materials controls tests & preliminary soils investigationCITY OF NEWPORT BEACH CALIFORNIA DATE Angwt 13, 1976 TO FINANCE DIRECTOR FROM: City Clerk City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 SUBJECT: Contract No. 1838 Description of Contract Materials Controls Tuts 6 Preliminary Soils 7avest1gation Authorized by Resolution No. 8823 adopted on June 28,.1976 Effective date of Contract July 20, 1976 Contract with Orange County /Bnviromental Manageesnt Agency Address 811 No. Broadway, P.O. Box 4048, Santa Ana, CA 92702 Pmount of Contract Sae contract City Clerc �: If . 0 A G R E E M E N T THIS AGREEMENT, made and entered into this C:;�64 day of , 1976, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and the City of Newport Beach a municipal corporation situated in the County of Orange, hereinafter referred to as "CITY." R E C I T A L S 1. The City Council of CITY has heretofore determined to avail itself of certain COUNTY services authorized by Section 51301 of the California Govern- ment Code. 2. CITY desires to have COUNTY perform by its appropriate officers and employees the materials testing services hereinafter specified. 3. COUNTY, through its Environmental Management Agency, is willing and ready to render any and all such materials testing services to CITY in accordance with the terms, covenants, conditions and provisions hereinafter set forth. IT IS THEREFORE MUTUALLY AGREED as follows: A. COUNTY, through the officers and employees of its Environmental Management Agency, upon written request of CITY shall: (1) Perform preliminary soils investigations and make pavement section /foundation recommendations for bridge and road construction projects. (2) Perform field and laboratory tests on soils, asphalt con- crete, Portland cement concrete, aggregate base, and other materials to deter- mine compliance with contract specifications. (3) Submit a Materials Report of the preliminary investigations and a Materials Test Report of the control tests in writing to CITY. (4) Submit an itemized billing to CITY for the costs thereof, including administrative and other overhead charges in connection therewith, at a standard rate to be determined by COUNTY from time to time. B. CITY shall: (1) Submit each request for preliminary investigations and /or control tests to COUNTY in writing. -1- - A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (2) _Remit payments to COUNTY for 'services covered herein within thirty (30) days of billing. C. COUNTY, depending on its work backlog; retains the option and may elect to have all or portions of 'the hereinabove materials testing per= formed by outside laboratories. In this, event, the charges accrued thereby will be included in the respective billing to CITY. D. CITY and COUNTY, pursuant to Government Code Section.`895.4, hold each other harmless for liability for,injuries as defined in Government Code Section 810.8, caused by the acts or omissions of the other or its officers, employees or agents in the performance of this agreement. ' E. CITY shall not be liable for the direct payment of any4slaries, wages, other compensation or indemnity to any COUNTY officer or emp1byge, per- forming any services hereunder for CITY, nor for any injury or sicknees.iarising out of his employment, except as herein otherwise specified. --- ----- - - - -- ----- ...--- - - - - -- w ra an #i hail.Con fuii; „ €pree a effect; tt►r' n r 'iron .yeai " "to° j�e r wr = success- !"'o.�s� '04014 et This con- tract may be terminated at the end of any year period by either CITY or COUNTY, by giving written notice of intent to so terminate, not later than thirty (30) days.prior to the end of such annual period. 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, all thereunto duly authorized by the City Council and the Board of Supervisors. Dated: , 1976 CITY OF NEWPORT BEACH BY - Mayor ATTEST: Ll-'� City C k Dated: ° 1976 ATTEST: WILLIAM E. ST JOHN County 'Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California BY�LC�'l1J lil..t.PP/c/ I/ Deputy APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL By Deputy �1z, 71 _`� BF:jj204a(3) APPROVED AS TO FORM Date: CIT4ANEY B y .... COUNTY OF ORANGE BY `l . JLA�'/� Chair an, Board of Supervisors -3- 3 0 MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA July 20, 1976 1n .9 6 IN RE: DEMAND FOR REFUND OF TAXES PAID UNITED CA MORTGAGE CO. On motion of Supervisor Clark, duly seconded and unanimously carried, the demand of the United CA Mortgage Co, for refund of 1974 -75 taxes in the amount of $86.42 paid on property described as Assessors Parcel No. 004 - 081 -02, Code Area 11 -003, is granted and so ordered and the County Auditor - Controller is instructed to issue his warrant in the sum of $86.42 to United CA Mortgage Co., 245 S. Los Robles Ave., Pasadena, CA 91109. Refund is granted pursuant to Section 5096.7 of the Revenue and Taxation Code. IN RE: AGREEMENT ROAD MAINTENANCE FIRE CONTROL ROADS SOUTHERN CALIFORNIA EDISON COMPANY On motion of Supervisor Clark, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreement between the County of Orange and the Southern California Edison Company, dated July 20, 1976, for maintenance of certain Company roads in close proximity to the County's fire control roads, as recommended by the Chief Fire Warden in his letter dated July 8, 1976. IN RE: AGREEMENTS MATERIALS TESTING SERVICES CITIES OF CYPRESS, FOUNTAIN VALLEY, LA PALMA, LOS ALAMITOS, NEWPORT BEACH, SEAL BEACH AND TUSTIN On motion of Supervisor Clark, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreements between the County of Orange and the cities of Cypress, Fountain Valley, La Palma, Los Alamitos, Newport Beach, Seal Beach and Tustin, dated July 20, 1976, for materials testing services, as recommended by the Director of the Environmental Management Agency in his letter. F1013 -2.2 RECEIVE JUL 2 6 1976 E. M. A. H. G. OSBORNE DIRECTOR R. J. NOVELLO ASSISTANT DIRECTOR ADMINISTRATION UNTY OF CAPE ENVIRONMENTAL MANAGEMENT AGENCY ADMINISTRATION DIVISION 811 NORTH BROADWAY SANTA ANA, CALIFORNIA AU6 1 1 1974 Mr. Robert L. Wynn, Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 A�4ee qF 4� KE: 839 -5301 CODE 710 MAILING AGGI�[09: P.O. BO% 4015 SANTA ANA, CALIFORNIA 92702 FILE SUBJECT: Agreement for Materials Control Tests and Preliminary Soils Investigations Dear Sir: Attached herewith is an original and one copy of the executed Agreement whereby the County of Orange will perform materials control tests and preliminary soils investigations for your city. The Agreement shall be automatically renewed for successive one year periods unless otherwise terminated by either party. Very truly yours, f\ R. F. Yablonski, Manager Management Services RRF:ln 7�Attachment WON P 0 © =CQ U NTY O F ® t = RAN CAE ENVIRONMENTAL MANAGEMENT AGENCY 811 NORTH BROADWAY SANTA ANA, CALIFORNIA rF� X4&0 TT A MAILINO ADDRESS: P.O. BOX AOAR SANTA ANA, CALIFORNIA 92702 H. G. OSBORNE 'I^11976 DIRECTOR �uN FILE Robert L. Wynn, Manager City of Newport Beach 3300 Newport Blvd Newport Beach, California 92660 SUBJECT: Agreement for Materials Control Tests and Preliminary Soils Investigations Dear Sir: The current agreement whereby the County of Orange upon written request will perform materials control tests and preliminary soils investigations for your city will expire on June 30, 1976. The County of Orange, through its Environmental Management Agency, is willing to provide subject services to the extent possible. A new agree- ment accordingly has been prepared and is enclosed herewith. If your city desires the County of Orange to continue providing subject services, please have the appropriate officials sign all six (6) copies of the enclosed agreement and return for further processing. Following approval by the Board of Supervisors, one fully executed copy will be forwarded for your retention. Very truly yours, I I H. G. OSBORNE, Director RRF:tea Enclosure 0 RESOLUTION NO. 8 82 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE IN CONNECTION WITH MATERIALS CONTROLS.TESTS AND PRELIMINARY SOILS INVESTIGATIONS WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and the County of Orange in connection with materials controls tests and preliminary soils investiga- tions; and WHEREAS, the City Council has reviewed the terms and conditions of said 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 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 28th day of Mayor ATTEST: City Clerk June a , 1976. DDO /bc 6/24/76 El By the C1i1 SE i1t lib June 28, 1976 CITY COUNCIL AGENDA ITEM NO. H -2(1) TO: CITY COUNCIL FROM: Public Works Department SUBJECT: AGREEMENT WITH COUNTY OF ORANGE FOR MATERIALS CONTROL TESTS AND PRELIMINARY SOILS INVESTIGATIONS RECOMMENDATION: Adopt a resolution (1) approving an agreement with the County of Orange for performing materials control tests and preliminary soils investigations, and (2) authorizing the Mayor and City Clerk to execute the agreement. DISCUSSION: The County of Orange has been performing professional services in- volving materials control tests and preliminary soils investigations for the City of Newport Beach (and other Orange County cities) since 1960. This arrangement has been mutually beneficial and satisfactory to both parties. The current agreement will expire on June 30, 1976. The County has prepared a new agreement to provide their services for the period from July 1, 1976 to June 30, 1977. The agreement contains provisions for automatic annual renewals until cancelled upon receipt of written notice from either of the parties thirty days prior to the desired termination date. lin Director , i • JUN 28 1976 BY f6 CITY COUNCIL CITY ..Op WACM RESOLUTION NO. 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE IN CONNECTION WITH MATERIALS CONTROLS _TESTS AND //_ / ) PRELIMINARY SOILS INVESTIGATIONS / WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and the County of Orange in connection with materials controls tests and preliminary soils investiga- tions; and WHEREAS, the City Council has reviewed the terms and conditions of said 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 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 28th ATTEST: City Clerk day of Mayor June , 1976. DDO /bc 6/24/76