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HomeMy WebLinkAboutC-1937 - West Coast Highway Improvements at OCC Crew Base & Sea Scout BaseCITY OF TO: FINANCE DIRECTOR FROM: City Clerk s SUBJECT: Contract No. 1937 s Description of Contract west Coast Higm to OCC Crew Bass Authorized by Resolution No. 9127 , ado Effective date of Contract AMMt 9, 1977 Contract with co. ■t Commm' College District Address Pmount of Contract PORT BEACH , 'MIFORNIA City Hall 3300 W. Newport Blvd. j Area Code 719 ' Pc 673 -2110 'ATE Seotmber 20, 1977 la Scout Use on Jme 27, 1977 City Clerk ENV AUNTY OF RANGE r )NMENTALMANAGEMENT AGENCY ORANGE COUNTY FLOOD CONTROL DISTRICT O RANGE COUNTY ROADS ROAD &FLOOD CONTROL PROGRAMS WILLIAM L. ZALIN, MANAGER 400 CIVIC CENTER DR. WEST P.O. BOX 4048 SANTA ANA, C(3�A.. 92701 SVO41 - 467 Mr. Joseph Devlin, Director of Public Works City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 SUBJECT: Agreement No. D76 -053, West Coast Highway Dear Mr. Devlin: M.G. OSBORNE DIRECTOR C.R. NELSON ASSISTANT DIRECTOR DEVELOPMENT NL FILE Transmitted herewith is one (1) copy of the fully executed agreement between the City of Newport Beach, the Coast Community College District and the County of Orange, providing for the improvement of West Coast Highway, Also attached is one (1) copy of Board of Supervisors Minute Order authorizing County's execution of the agreement. HEM:rm34la(2) Attachments 1. Agreement No. D76 -053 2. Minute Order J Very truly X4� K. E. Smith, Chief Cooperative Projects jY RECEIVED PUBLIC WORKS SE -P 131977?' (CITY .OF I# OURT:UACH, ITT 'CALIF. ,r MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA RECEIVED, ^,U G 15 1977 August 9, 1977 IN RE: AGREEMENT WEST COAST HIGHWAY CITY OF NEWPORT BEACH COAST COMMUNITY COLLEGE DISTRICT On mption of Supervisor Clark, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreement dated August 9, 1977, between the County of Orange, Coast Community College District and the City of Newport Beach which provides for the improvement of West Coast Highway adjacent to County -owned tidelands in the City of Newport Beach, as recommended by the Director of the Environmental Management Agency in his letter dated August 9, 1977. IN RE: AGREEMENT COOPERATIVE SIGNAL MAINTENANCE CITY OF IRVINE On motion of Supervisor Clark, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreement dated August 9, 1977, between the County of Orange and the City of Irvine which provides for the cooperative maintenance of traffic signals which lie partially in both City and County jurisdiction as recommended by the Director of the Environmental Management Agency in his letter dated August 9, 1977. IN RE: AMENDMENT TO AGREEMENT BUILDING REGULATION SERVICES CITY OF VILLA PARK On motion of Supervisor Clark, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Amendment to Agreement, dated August 9, 1977, between the County of Orange and the City of Villa Park for building regulation services as recommended by the Director of the Environmental Management Agency in his letter dated ®F1013 -2.3 (12/76) n • PLEASE RETURN TO CITY CLERK CITY OF NEWPORT BEACH 3300 NEN!PORT BOULEVARD NEWPORT BEACH, CALIF. 92663 A G R E E M E N T W Agreement No. D76 -053' THIS AGREEMENT, made and entered into this 9 day of 1977, BY AND BETWEEN I:r`Z1] The COAST COMMUNITY COLLEGE DISTRICT, a community college district in Orange County, California, hereinafter designated as DISTRICT, and the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter designated as CITY, The COUNTY OF ORANGE, a political sub- division of the State of California, hereinafter designated as COUNTY. WITNESSETH: 0 WHEREAS, DISTRICT, CITY and COUNTY propose to construct street improve- ments, including curb and gutter, sidewalk, pavement and related drainage facilities, along West Coast Highway, within existing road right-of -way, at a location immediately west of the Balboa Bay Club for a distance of approximately 650 feet (as shown on Exhibit A attached hereto and incorporated herein by reference) adjacent to County -owned tidelands property in Newport Beach, herein referred to as "PROJECT ", and WHEREAS, DISTRICT, CITY and COUNTY have expressed willingness to parti- cipate financially in the PROJECT, and WHEREAS, cooperation in design, construction and compliance with environ- mental regulations is in the public interest, 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, including Agreement No. D76 -053 1 obtaining all necessary permits and approvals, in order to design and construct PROJECT 2 in accordance with the plans and specifications for PROJECT and to execute and deliver 3 all documents required in connection with the construction and completion of PROJECT 4 including Certificate of Cost and Certificate of Completion of PROJECT. 5 B. Be and is hereby designated as the "Lead Agency" pursuant to 6 the guidelines for Implementation of the Calfornia Environmental Quality Act of 7 1970, and as amended. 8 C. Submit to COUNTY and DISTRICT plans, specifications; estimate 9 and all documents required for compliance with Sections IIB and IIIB. 10 D. During the period of construction, have jurisdiction over the 11 entire construction area. 12 E. Submit to COUNTY a final Accounting Report which shall include 13 full, true and correct copies of documents, certificates and itemized bills within 14 ninety (90) days after the acceptance of the improvement under the contract by CITY. 15 II. DISTRICT SHALL: 16 A. Be and is hereby designated as "Responsible Agency" pursuant 17 to the Guidelines -for the.Implementation of the California Environmental Quality 18 Act of 1970, and as amended. 19 B. Review. for approval the plans and specifications as to design 20 and construction. 21 III. COUNTY SHALL: 22 A. Be and is herby designated as "Responsible Agency" pursuant to the 23 Guidelines for the Implementaion of the California Environmental Quality Act of 24 1970, and as amended. 25 B. Review for approval by the Assistant Director, Development, Environ— 26 mental Management Agency, or his designee, the plans and specifications as to design 27 and construction features affecting the construction, operation and maintenance of 28 the PROJECT. —2— 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 Agreement No. D76 -053 C. At all times during the progress of construction of PROJECT, have access to the work thereon for the purpose of inspection thereof; and should COUNTY deem any remedial measures to be necessary, COUNTY shall notify CITY thereof. IV. CITY shall be financially responsible for all costs involved in design engineering and contract administration including, but not limited to, contract advertisement, construction inspection and soil testing. V. DISTRICT: A. Shall reimburse to CITY the final cost (based on the final Accounting' Report) to DISTRICT for DISTRICT's share of PROJECT. Said DISTRICT share is estimated to be $10,000 and shall not exceed that amount without DISTRICT's approval: Said payment shall be made within thirty (30) days of request thereof by CITY, however, request shall not be made before December 1, 1977. B. The final cost to DISTRICT for work done shall be based upon fifty percent (50 %) of the actual cost of work done based on final quantities and unit bid prices for items of work attributable to the portion of the PROJECT, which is adjacent to the frontage occupied by DISTRICT, and which.is specifically shown between stations 103 + 61 + and 106 + 55.41 on City of Newport Beach drawing R- 5103 -S, which is incor- porated herein by reference. VI. COUNTY: A. Shall, from its Tidelands Funds, deposit with CITY the estimated cost to COUNTY for COUNTY'S share of PROJECT. Said COUNTY share is estimated to be $33,000, but in no event shall the final costs.to COUNTY exceed $37,950. Said deposit shall be based upon an adjustment according to actual bid prices, and. shall.be made within thirty (30) days of request thereof by CITY, but not prior to award of the contract B. The final cost to COUNTY shall be based upon the final cost, ex- cluding the final cost attributable to DISTRICT, of the actual work done based on final quantities and unit bid prices for that portion of the West Coast Highvay Agreement. No. D76 -053 1 as shown on City of Newport Beach drawing R- 5103 -S between Stations 99 + 99.7 and 2 106 + 55.41. 3 C. If final accounting shows the total cost to COUNTY to be less 4 than deposit, CITY shall reimburse.COUNTY within thirty days of request by County 5 for the difference between the deposit and actual cost. If final accounting shows 6 the total cost to COUNTY to be more than the deposit, COUNTY shall reimburse CITY 7 within thirty days of request by City for the difference between the deposit and g actual cost, subject to the provisions of Section VI -A. g VII. It is mutually understood and agreed that, pursuant to Government 10 Code Section 895.4 each party shall fully indemnify and hold the other parties 11 harmless from any liability imposed for injury '(as defined by Government Code 12 Section 810.8) occurring by reason of anything dote or omitted to be done by said 13 party under or in connection with any work, authority, or jurisdiction delegated 14 to said party under this agreement. 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 4 ,: .. 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 Agreement No. D76 -053 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the date opposite their signatures. COAST COMMUNITY COLLEGE DISTRICT , a community college district Dated: June 3, ,1977 By President, Board of T ustees Dated: June 3, ,19 77 By: Secretary, Board of Trustees CITY OF NEWPORT BEACH, a.municipal rporation Dated: ,19-;Z-;7 By: Mayor Fro Tem ATTEST: —� " Clerk of the Coung' 1 Date: rst *j *mow JUNE ALEXANDER Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By:rc 3 COUNTY OF ORANGE, a political sub - diviA7ion of the State of California By— n X S Attorney % �9 90 F &CO Or �A O n \ to I,m °ire ESTVIEW DR. 2701 - �aca+ms6 I WEST COAST L) I GH WA Y e.Q _AGREEMENT N0. Dib_053. 1 per r- tj r of Nawpo�� Bench C wi No•_ 5103 -$ . q , L l r I coast coast BOARD OF TRUSTEES /t��! munitg �1���� Donald Hoff Robert Humphreys l District Wirth Keene William Kettler SHIRLEY A. KENNEDY George Rodda Jr. 1370 ADAMS AVE. • COSTA MESA. CALIFORNIA 92626 NOTARY PUBLIC-CALIFORMA NORMAN E. WATSON, CHANCELLOR ... ..__ __. June 3, 1977 THE FOLLOWING IS A TRUE AND EXACT EXCERPT FROM THE MINUTES OF THE JUNE 1, 1977 MEETING, BOARD OF TRUMES, COAST COMMUNITY COLLEGE DISTRICT: POLICY REPORT NO. 4.5 Authorization to Enter Into Joint Powers Agreement with City of Newport Beach and County of Orange for Street Repairs It was explained that negotiations have been underway for the possibility of entering into a Joint Powers Agreement with the City of Newport Beach and the County of Orange for the purpose of constructing street improve- ments, including curb and gutter, sidewalk, pavement and related drainage facilities, along West Coast Highway, within existing road right -of -way, at a location immediately west of the Balboa Bay Club for a distance of approximately 650 feet adjacent to County -owned tidelands property in Newport Beach, including the frontage of the Intercollegiate Rowing and Sailing Base. It was further explained that an Agreement had been reached and approved as to form by the County Counsel, involving the District's share in this joint project at an estimated figure of $10,000, not to exceed that amount without the Board's approval; the County's share estimated at $33,000; the City to be financially responsible for all costs involved in design en- gineering, and contract administration including, but not limited to, contract advertisement, construction inspection and soil testing. It was moved by Mr. Humphreys and seconded by Mr. Hoff that Board authoriza- tion be given to enter into the attached Agreement with the City of Newport Beach and the County of Orange and authorizing the President and Secretary of the Board to sign the Agreement. Motion carried with the following vote: Aye - Mr. Humphreys, Mr. Hoff, Mr. RDdda, Mr. Keene and Mr. Kettler. (Nay - none; Absent - none) C. Harwood, Secretary Trustees SBBSCEBED AND SNORM TO BEFORE ME OFFICIAL SEAL ....:::......DAYOF.. �(L..:.::;....19_. SHIRLEY A. KENNEDY NOTARY PUBLIC-CALIFORMA - t - , ....._.. s_....__.:. rr ..... ......:......:...(_:....r..... .:.._il f ORANGE COUNTY MYComm ssion Ezpi es Mac 14.1978 NOTARY PUBLIC -CALIFORNIA .- ORANGE COAST COLLEGE . GOLDEN WEST COLLEGE COASTLINE COMMUNITY COLLEGE KOCE -TV (50) PBS J CHANCELLOR 171415566513 FOUCATIONAL PLANNING A DEV. 17116655110 PURCHASING (771""750 OMMESSAFFAIU 141 6666716 PERSONNEL 1711 556sm VOCATIONAL EDUCATION 5T11N6HM COMMUNITY RELATIONS 17141 5 0 6 53 0" PHYSICAL FACILITIES FLANIIINO 17141 swine LEGAL SERVICES (7115"4m r UkV 7 -5 -77 MEMO TO THE FILE Original & 4 copies.to John Wolter f /transmittal to College Dist, & to OrCo f /execution this date. i • RESOLUTION NO. 9 12 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE COUNTY OF ORANGE AND THE COAST COMMUNITY COLLEGE DISTRICT PROVIDING FOR THE IMPROVEMENT OF WEST COAST HIGHWAY (SOUTHERLY SIDE OF WEST COAST HIGHWAY ADJACENT TO OCC CREW BASE AND SEA SCOUT BASE - COUNTY -OWNED PROPERTY) WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Agreement with the County of Orange and the Coast Community College District providing for the improvement of West Coast Highway (southerly side of West Coast Highway adjacent to OCC Crew Base and Sea Scout Base - county -owned property); 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 hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 27th day of June , 1977. Mayor ATTEST: City Clerk 6/23/77