HomeMy WebLinkAboutC-2581 - Mariner's Mile Storm Drains (vicinity of Riverside Avenue)CITYOF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR 3 / � / 'Pf
FROM: CITY CLERK
DATE: March 9, 1988
SUBJECT: Contract No. C -2581
Description of Contract Mariners Mile Storm Drains (Coast
Crossings) Cooperative Agreement
Effective date of Contract February 25, 1988
Authorized by Minute Action, approved on February 22, 1988
Contract with County Sanitation Districts
Address P.O. Box 8127
Fountain Valley, CA 92728 -8127
Amount of Contract (See
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Wanda E. Raggio
City Clerk
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Attachment
3300 Newport Boulevard, Newport Beach
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THIS AGREEMENT, is made and entered into, to be effective this
a'Sl�slay of t 1988, by and between:
C LINTY SANITATION DISTRICT NO. 5 OF ORANGE
COUNTY, CALIFORNIA, hereinafter referred to
as "District"
AND
CITY OF NEWPORT BEACH, hereinafter referred
to as "City".
R E C I T A L S•
WHEREAS, District has developed an updated and Consolidated
Master Plan of Sewer Facilities designed for the collection of
wastewater from the area within District No. 5 of the County
Sanitation Districts of Orange County, California, and Amendment No.
1 to said Master Plan; and
WHEREAS, District has identified the need to replace portions
of the Coast Highway force main and gravity sewer as described in
the Plans and Specifications for District Contract No. 5 -29; and
WHEREAS, City has identified the need for construction of a
three barrel storm drain across Pacific Coast Highway westerly of
Riverside Avenue and a second three barrel storm drain across
Pacific Coast Highway easterly of Tustin Avenue, at the locations
shown on the attached Exhibit "A "; and
WHEREAS, Project shall consist of the construction of City's
two storm drain crossings of Pacific Coast Highway at the locations
shown on Exhibit "A ", attached hereto and incorporated herein by
this reference, and the replacement of portions of District's Coast
Highway Force Main and Gravity Sewer, all as described in the
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District's Plans and Specifications for Contract No. 5 -29; and
WHEREAS, District and City desire to set forth their respective
rights and obligations concerning Project.
NOW, THEREFORE, the parties hereto agree as follows:
Section 1: Proiect Design
District shall design, or cause to have designed, the sewer
portion of Project. City shall design, or cause to have designed,
the storm drain portion of Project. District shall be responsible
for incorporating City's storm drain plans and specifications into
the bid package for Project.
Section 2: District's Responsibilities
District shall be solely responsible for the preparation and
award of the contract pursuant to public bid requirements for the
construction of Project, including the construction of the storm
drain portion of Project. Toward this end, District shall be
responsible for the preparation of all legal documents, including
the Notice Inviting Bids, Instructions to Bidders, and the related
construction agreements, surety bonds and insurance certificates.
District shall be solely responsible for the administration and
performance of the contract awarded to contractor for the
construction of the Project.
Section 3: Rights of Access
City shall have rights of access to the construction site of
Project for purposes of inspection of the construction of the storm
drain portion of Project.
Section 4: Costs
A. District Costs
District shall pay all costs associated with the replacement of
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the sewer portion of Project, including engineering, design,
excavation, pipe, encasement of pipe, surveying, inspection and
contract administration. The parties agree that the preliminary
estimate for the construction costs of the sewer replacement is
$4,850,000.
B. City Costs
Except for costs of contract administration, City shall pay for
all costs associated with the construction of the storm drain
portion of the Project, including engineering, design, excavation,
surveying and inspection.
City shall also pay for all costs of traffic control during
construction of the storm drain portion of Project.
The parties agree that the preliminary estimate for the
construction costs of the storm drain portion of Project and the
associated cost of traffic control is $200,000.
Section 5: Cost Estimate Exceeded
In the event the sealed bid submitted by the contractor for the
construction of the storm drain portion of Project, as designed and
approved, including traffic control, exceeds the preliminary
estimate by a sum total greater than ten percent (10 %) , District
shall not be empowered to award said contract and bind City
hereunder without the prior written consent of City.
Section 6: Permits
City has obtained a CalTrans permit for opening excavations
across the Pacific Coast Highway. City shall make such permit
available to the District prior to February 19, 1988 for use for
construction of Project and take any further steps necessary to
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authorize Project under such permit. City and District shall also
obtain any other permits necessary for their respective portions of
the Project.
Section 7: Change Orders
City Engineer's approval shall be obtained for all change
orders issued by District pertaining to the construction of the
storm drain portion of Project. Change orders issued without said
approval shall not be eligible for reimbursement from City.
Section 8: Payment
Within sixty (60) days after acceptance of the construction of
the storm drain portion of Project by City, District shall present
to City an itemized invoice setting forth the final contract costs
for the construction of the storm drain and for traffic control.
Said costs shall include the total amount paid to contractor,
together with the following: survey and inspection based upon
actual charges. Payment of said invoice shall be made by City
within thirty (30) days of receipt.
Section 9: Waiver of Claims
City and District hereby waive all claims and demands against
each other for any
loss, damage
or injury
of
any
kind
or character
to any person or
property,
arising
out
of
the
design and
construction of Project, or arising from any act or omission of
City's or District's respective agents or employees, except to the
extent occasioned by the sole negligence or willful misconduct of
the parties or their agents or employees.
Section 10: Insurance
District shall require the construction contractor for Project
to maintain a policy of public liability insurance for personal
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injury and property damage, including motor vehicle operators,
during all times of the contract in amounts and in a form
satisfactory to City's City Attorney and District's General Counsel.
Said policies shall name the City, its officers, agents and
employees as additional insureds thereon.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
'DISTRICT" COUNTY SANMTIODYJ51A9'Tk1CT NO. 5 OF
APPROVED AS TO FORM:
THOMAS L. WOODRUFF
DIS CT COUNSE
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'CITY'
ATTEST:
City Cler
APPROVED AS TO FORM:
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02/22/88
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
RIVERSIDE AVENUE AND MARINER'S MILE
STORM DRAINS -PCH CROSSINGS
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DRAWN ✓W DATE �Ea y /.v .yo
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DRAWING NO. EXHIBIT A
February 22, 1988
CITY COUNCIL AGENDA
BY 7HE Cf(Y 00ijjiCILITEM NO. F -3 (a)
• CITY OF NEWPORT BEACH
TO: CITY COUNCIL FEB i2 2 1988
APPROVED
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FROM: Public Works Department
SUBJECT: MARINERS MILE STORM DRAINS (COAST HIGHWAY CROSSINGS)
COOPERATIVE AGREEMENT WITH COUNTY SANITATION DISTRICTS
OF ORANGE COUNTY
RECOMMENDATION:
1. Approve the plans and specifications for the storm drain
crossings.
2. Authorize the Mayor and the City Clerk to execute a cooperative
agreement with the County Sanitation Districts of Orange County.
3. Affirm the need for night -time construction in Coast Highway for
• portions of the over -all project.
DISCUSSION:
The current capital projects budget includes appropriations for
construction of storm drain improvements in the Mariners Mile area in the vici-
nity of Riverside Avenue.
It is proposed to include construction of the two Coast Highway
crossing portions of the storm drain improvements in the Sanitation District's
much larger $5,000,000 contract for replacement of the 24 inch force main sewer
in Coast Highway. Inclusion of the City storm drain work within the Sanitation
District's sewer project should improve coordination of the construction work,
result in over -all cost savings, and minimize public inconvenience associated
with the necessary traffic control measures.
The City's work includes construction of two triple barrel 18 inch
diameter pipe crossings of Coast Highway. One crossing is approximately 400 feet
westerly of Riverside Avenue and the other is approximately 900 feet easterly of
Riverside Avenue. Both crossings connect to recently installed 36 inch diameter
storm drains extending from Coast Highway to the bay. The locations are shown
on the attached exhibit, and sets of the plans are available for review in the
is Public Works Department. Funding for the work is appropriated in Account No's.
02- 3497 -345, 02- 3497 -398, and 02- 3497 -447. The estimated cost of the City work
is $200,000. Plans and specifications were prepared by ASL Consulting
Engineers.
The cooperative agreement provides for inclusion of the City work in
the Sanitation Districts contract, and for payment of the City share of the cost
as the work proceeds.
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Inasmuch as the construction work in the Sanitation District's project
must extend through the summer, the contract provides for night -time construc-
tion in cases where substantial lane closures are needed. Traffic control, lane
•closures, and night -time construction procedures must be performed in accordance
with Caltrans permit requirements. In recognition of the above, the Sanitation
Districts have requested that the City affirm the need for night -time
construction.
The City's Utilities Department is also investigating the need for a
supplemental local sewer crossing of Coast Highway near Riverside Avenue. If
practical, arrangements will also be made for inclusion of this work in the
Sanitation District's project.
G4Qiyl2G- C
Benjamin B. Nolan
Public Works Director
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Attachment
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FOTf! ?f CONIT.-�_
TUSTIN AVE
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RIVERSIDE AVE
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RESVB. 779
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CITY OF NEWPORT BEACH DRAWN ZW DATE A-" I /1BB
PUBLIC WORKS DEPARTMENT
RIVERSIDE AVENUE AND MARINER'S MILE
STORM DRAINS -PCH CROSSINGS p11AMnN0 ND. EXHIBIT
COUNTY SANITATION DISTRICTS
` OF ORANGE COUNTY, CALIFORNIA
e P.O. BOX 8127, FOUNTAIN VALLEY, CALIFORNIA 92728 -8127
10844 ELLIS, FOUNTAIN VALLEY, CALIFORNIA 92708 -7018
(714) 962 -2411
March 3, 1988
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658 -8915
Attention: Wanda E. Raggio
City Clerk
MAN
Subject: Agreement providing for inclusion of City /CALTRANS
drainage improvements in Districts, Contract No. 5 -29
We are enclosing herewith one fully- executed copy of subject
agreement for your records. Said agreement was approved by the
Boards of Directors of County Sanitation Districts Nos. 5 and 6
at their regular meeting on January 13, 1988.
Rita 3. Brown
Board Secretary
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Enclosure
cc: Lloyd R. Dalton, Design Engineer (w /enclosure)
Thomas M. Dawes (w /enclosure)
Thomas L. Woodruff (w /enclosure)