HomeMy WebLinkAboutC-2426 - Campus Drive Resurfacing• MURRAY STORM
DIRECTOR ZAUN
4 UNTY OF PROGRAM PROGRAM MANAGER AGER
2 LOCATION:
400 CSANTA ANA, DRIVE WEST
SANTA ANA, CALIFORNIA
5 3 RANG E MAILING ADDRESS:
P.O. BOX 4D48
SANTA ANA, CA 92702-4048
ENVIRONMENTAL MANAGEMENT AGENCY TELEPHONE:
TRANSPORTATION & FLOOD CONTROL PROGRAMS (714) 834 -3467
FILE R20275
May 4, 1984
a, P RECEI yEp v
Mq I/C
Mr. Ben B. Nolan 1 -` Cdr i0,0 ` a
_ Director of Public Works , Ntw YOF
City of Newport Beach 2� Cq� rCFaCy -J
P. 0. Box 1768
Newport Beach, CA 92658 -8915
SUBJECT: Cooperative Agreement No. D84 -052
Dear Mr. Nolan:
Transmitted herewith is one (1) fully executed copy of the above referenced
Cooperative Agreement between the City of Newport Beach and the County of
Orange.
Also attached is one (1) copy of Board of Supervisors Minute Order authorizing
County's execution of the agreement.
EMA /Public Works - Construction (834 -3488) should be notified of project pre -
construction meeting and start of construction.
By:
DEU:cs
Attachments
cc: R. Wong w /Attach
Construction w /Attach
Very truly yours,
W. L. 2aun, Program Manager
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
April 24, 1984
IN RE: COOPERATIVE AGREEMENT CAMPUS DRIVE RESURFACING
CITY OF NEWPORT BEACH
On motion of Supervisor Clark, duly seconded and unanimously
carried, the Clerk of the Board, on behalf of the Board of Supervisors,
is authorized to execute the Cooperative Agreement No. D84 -052, dated
April 24, 1984, between the County of Orange and the City of Newport
Beach for the resurfacing of Campus Drive between Bristol Street North
and MacArthur Boulevard.
IN RE: INCREASE AGREEMENT CONSULTANT SERVICES. ANNUAL AUDIT
OF UNIVERSITY OF CALIFORNIA, IRVINE MEDICAL CENTER
AUTHUR YOUNG AND COMPANY
On motion of Supervisor Clark, duly seconded and unanimously
carried, the Purchasing Agent or his designee is authorized to increase
the contract with Arthur Young and Company in the amount of $50,490
for a total of $100,980, for Consultant Services to complete the annual
audit of the Health Care Services Agreement with the University of
California, Irvine Medical Center for Fiscal Year 1982 -83.
RECIE" E'
M� 31op)A
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��., • . Agreement No. D84 -052
A G R E E M E N T
THIS AGREEMENT, made and entered into this
Q_, 198!
BY AND BETWEEN
0
lA day of
The CITY OF NEWPORT BEACH a municipal corporation,
hereinafter designated as "CITY,"
The COUNTY OF ORANGE, a political subdivision of
the State of California, hereinafter designated as
"COUNTY."
N I T N E S S E T B
WHEREAS, CITY proposes to repair and resurface Campus Drive between North
Bristol Street and MacArthur Boulevard, hereinafter referred to as PROJECT; and
WMREAS, a portion of Campus Drive between North Bristol Street and
MacArthur Boulevard is within unincorporated COUNTY territory; and
WHEREAS, COUNTY desires to participate in CITY's project to resurface the
portion of PROJECT within unincorporated COUNTY territory; and
WHEREAS, COUNTY and CITY wish to define areas of responsibility for the
design, construction and inspection of PROJECT; and
WHEREAS, Campus Drive is a secondary arterial highway on CITY's and COUNTY's
Master Plan of Arterial Highways.
NOW, THEREFOR, IT IS AGREED by the parties hereto as follows:
I. CITY shall:
A. Be and is hereby designated as Lead Agency for PROJECT and shall
prepare and process all necessary environmental documents required by the California
Environmental Quality Act of 1970 (CEQA) as amended.
B. Be and is hereby designated as Project Engineer, Contracting and
Construction Agent for the parties to do and perform all things necessary, except such
actions as are specifically delegated to COUNTY herein, in order to design and
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Agreement No. D84 -052
construct said COUNTY portions of PROJECT in accordance with the approved plans and
specifications as approved by COUNTY, and to execute and deliver all documents
required in connection with the construction and completion of said PROJECT, including
Certificate of Cost and Certification of Completion of PROJECT.
C. Utilize COUNTY Materials Laboratory for quality control of materials
and testing, and soil investigation for PROJECT.
D. Submit preliminary plan layout to COUNTY's Director, Environmental
Management Agency, or his designee, hereinafter referred to as "DIRECTOR EMA ", for
COUNTY staff to mark thereon the work required within COUNTY portion of PROJECT.
E. Perform the work of preliminary design engineering, advertising for
bids and award of contract, at no expense to COUNTY.
F. Submit final plans and specifications to COUNTY prior to advertising
PROTECT for bids, for review and approval by DIRECTOR EMA, as to design and
construction features affecting PROJECT within unincorporated COUNTY territory.
G. Upon approval of the plans, specifications and estimate for PROJECT
by DIRECTOR EMA, promptly undertake and perform all the work of advertising for bids
and awarding the construction contract to the lowest responsible bidder complying with
all applicable provisions of the law governing such award. If the low bid is more
than fifteen percent (151) over the approved engineer's estimate, CITY shall obtain
DIRECTOR EMA's written concurrence for award of the PROTECT construction contract.
R. Promptly notify DIRECTOR EMA upon award of the PROJECT construction
contract and furnish DIRECTOR EMA with a summary of the contract bids, a cost
breakdown for COUNTY's share of construction costs and a construction schedule, and
shall keep DIRECTOR EMA informed of any revisions in said schedule.
I. Obtain the written concurrence of DIRECTOR 0% prior to issuing
PROJECT change orders affecting PROJECT design for portions of PROTECT within COUNTY
territory.
J. Not accept improvements under the contract for PROJECT until
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Agreement No. D84 -052
1 DIRECTOR EM approves, in writing, the construction as it affects the operations and
2 maintenance of PROJECT within COUNTY territory.
3 R. During the period of construction, have jurisdiction over the
4 construction area including that portion within COUNTY territory.
5 II. COUNTY shall:
6 A. Be and is hereby designated as a "Responsible Agency" for compliances
7 with CEQA.
8 B. Review for approval by DIRECTOR EMA the plans and specifications as
9 to design and construction features affecting the construction, operation and
10 maintenance of the portion of PROJECT within unincorporated COUNTY territory.
11 C. Perform with its own forces the soil investigation, testing and
12 quality control of materials for PROJECT at no expense to CITY.
13 D. Perform with its own forces the traffic striping and stenciled
14 pavement markings for PROJECT at no expense to CITY.
15 E. Be responsible for one hundred percent (100!) share of construction
ib cost for that portion of PROJECT construction within COUNTY territory plus a
17 proportionate share of the construction inspection and contract administration costs
18 based on the ratio of COUNTY's construction costs to the total contract construction
19 costs. COUNTY's construction cost shall not include adjusting to grade any utility
20 II covers other than sewer or storm drain covers, unless the utility has prior rights.
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The portion of PROJECT within COUNTY territory shall be as COUNTY boundaries exist at
the time CITY accepts improvements constructed under contract for PROJECT. The
estimated cost for COUNTY's portion of PROJECT's construction cost is approximately
Sixty -five Thousand Dollars ($65,000.00) including constructipn inspection and
contract administration costs, and in no event shall the final construction cost to
COUNTY exceed Seventy -five Thousand Dollars ($75,000.00) without written approval of
27 COUNTY. Said cost is exclusive of items described in Paragraphs I.E., II.C., and
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II.D. herein.
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Agreement No. D84 -052
1 F. At all times during the progress of construction of PROJECT within
2 COUNTY territory have access to the work thereon for the purpose of inspection and,
3 should COUNTY deem any remedial measures to be necessary, COUNTY shall notify CITY
4 thereof.
5 G. Review completed construction for PROJECT and give CITY approval to
6 accept improvements within COUNTY territory. Approval shall be withheld only for work
% not completed per the approved plans and specifications.
8 III. PAYMENTS AND FINAL ACCOUNTING:
9 A. After CITY receives bids for PROJECT construction, COUNTY will, upon
10 CITY's request, deposit with CITY, funds for COUNTY's share of PROJECT construction
11 costs based on actual bid prices. In no event shall such deposit exceed ninety -five
12 percent (95%) of COUNTY's share of the contract cost, pending approval by COUNTY of
13 the Final Accounting Report for PROJECT.
14 B. Within one hundred and twenty (120) days after the acceptance of the
15 improvement under the contract by CITY, CITY shall submit to COUNTY for review and
16 approval by DIRECTOR EMA a Final Accounting Report for PROJECT. If said Final
17 Accounting Report as approved by DIRECTOR EMA shows that the total cost to COUNTY is
18 less than the amount deposited with CITY, CITY shall promptly reimburse COUNTY the
19 difference between the amount deposited and the actual cost. If said Final Accounting
20 Report as approved by DIRECTOR EMA shows that the total cost to COUNTY is more than
21 the amount deposited by COUNTY, COUNTY shall promptly reimburse CITY for the
22 difference between the amount deposited and the actual cost subject to the provisions
23 of Section II.E.
24 C* CITY shall submit with the Final Accounting Report a certification
25 signed by the Director of Public works or City Engineer, and the Director of Finance
261 that all expenditures applicable to PROJECT have been made and that all copies of
27 invoices and warrants are on file with CITY.
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Agreement No. D84 -052
1 IV. IT IS MUTUALLY UNDERSTOOD AND AGREED:
2 A. Upon acceptance of the improvements under the contract by CITY,
3 COUNTY shall accept maintenance responsibility for the portion of PROJECT within
4 COUNTY territory.
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R. If PROJECT is found to be unacceptable environmentally pursuant to ICII
6 CEQA or if CITY fails to award the PROTECT construction contract by September 30, :I
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7 1984, this agreement may be terminated by either party upon thirty (30) days written
8 notice to the other party, and COUNTY shall be responsible only for its share of
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9 actual PROJECT cost to that date.
10 C. Pursuant to and in accordance with Section 10532 of the California
11 Government Code, in the event that this Contract involves expenditures of State funds j
12 aggregating in excess of Ten Thousand Dollars ($10,000), the parties shall be subject
13 to the examination and audit of the Auditor General of the State of California for a
1A period of three (3) years after final payment under this Contract. 1
15 D. That neither COUNTY nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or
17 omitted to be done by CITY under or in connection with any work, authority or
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jurisdiction delegated to CITY under this agreement. It is also understood and agreed .
19 that, pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend,
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LU and hold COUNTY harmless from any liability imposed for injury (as defined by
21 Government Code Section 810.8), occurring by reason of anything done or omitted to be
22 done by CITY under or in connection with any work, authority or jurisdiction delegated
23 I to CITY under this agreement.
24 E' That neither CITY nor any officer or employee thereof shall be
25 responsible for any damage or liability occurring by reason of anything done or
nc
- -� vmt teed to be done by COUNTY under or in connection with any work, authority or
27 jurisdiction not delegated to CITY under this agreement. It is also understood and
28 agreed that pursuant to Government Code Section 695.4, COUNTY shall fully indemnify,
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Agreement No. D84 -052
1 defend, and hold CITY harmless from any liability imposed for injury (as defined by
2 Government Code Section 810.8) occurring by reason of anything done or omitted to be
3 done by COUNTY or in connection with any work, authority or jurisdiction not delegated
4 to CITY under this agreement.
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Agreement No. D84 -052
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, respectively.
Dated: , 19
ATTEST:
Clerk of the Council
Dated: , 19 _
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRW OF THE BOARD
Doris L. Hilbert
Clerk -of the Board of Supervisors
of Orange County, California
1W:gvDT06 -35
3/22/84
CITY OF NEWPORT BEACH
A
BY
COUNTY OF ORANGE,
A political subdivision of the State
of California
Chairman, Board of Supervisors
APPROVED AS TO FORM:
ADRIAN RUYPER, COUNTY COUNSEL
ORANGE COMM, CALIFORNIA
By
`�`
Date
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•
TO: CITY COUNCIL
BY THE CITY COUNCIL
CITY Of NEWPORT BEACH
APR 0 91984
APPROVED
FROM: Public Works Department
•
April 9, 1984
CITY O L
N
ITEM N0. .
SUBJECT: CAMPUS DRIVE RESURFACING FROM BRISTOL STREET NORTH TO MacARTHUR
BOULEVARD (C- 2426): APPROVAL OF COOPERATIVE AGREEMENT WITH THE
COUNTY OF ORANGE
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute Cooperative
Agreement No. D84 -052
DISCUSSION:
The current budget includes a $55,000 appropriation for resurfacing
the City's half of Campus Drive from Bristol Street North to MacArthur
Boulevard. (The other half of Campus Drive lies within right of way belong-
ing to the County of Orange - see attached sketch.)
County staff desires to perform a joint contract with the City
such that all of Campus Drive will be resurfaced between Bristol Street North
and MacArthur Boulevard. City and County staffs feel that the joint contract
will provide the public with a maximum dollar benefit with a minimum of
disruption.
County Counsel has drafted Cooperative Agreement No. D84 -052 for
the work. Under the agreement, each agency will pay their proportionate
share of the items of work, with the City acting as Project Engineer, and
with the County paying their proportionate share of City's inspection cost.
It is anticipated that the work will be performed in June.
J ?zv�/
Benjamin B. Nolan
Public Works Director
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Att.
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LEGEND
® DES /GNATED FOP PESU�PFIJf /rllG
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CAMPUS DR/vE RE5Z1R1AC 1N6
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15TOL 57REET e 1W,4oCAR)r11UR 4600
NOT >O SCALE
DRAWN RZ!?76�! DATE :2ZI77X3
APPROVED
PUBLIC WORKS DIRECTOR
RE. No. _
DRAWING No. ExH /B /T