HomeMy WebLinkAboutC-2640 - Orchard Avenue Resurfacing•
March 9, 1987
CITY COUNCIL AGENDA
• BY THE CITY COU14CILITEM N0. F -3(a)
CITY OF NE VPOR7 REAQ
T0: CITY COUNCIL MAR 9 1987
FROM: Public Works Department APPROVED
SUBJECT: ORCHARD AVENUE RESURFACING -- COOPERATIVE AGREEMENT WITH COUNTY OF
ORANGE
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute Cooperative Ageement
No. D87 -021 with the County of Orange.
DISCUSSION:
This project provides for a jointly funded City of Newport Beach -
County of Orange asphaltic concrete overlay of Orchard Drive between Irvine
• Avenue and Orchid Street (see attached exhibit). This work will provide a
smooth - riding surface and an adequate structural section for present and future
traffic demands.
The City and the County staffs feel that a joint resurfacing contract
will provide the public with a maximum dollar benefit with minimum disruption.
A cooperative agreement has been prepared by the County of Orange. Under the
agreement, each agency will pay its proportionate share of the items of work
and the construction contract will be administered by the County.
The County of Orange Engineer's estimate for the City of Newport Beach
portion of work is $2,300. There are sufficient funds in the Street, Alley,
and Bikeway Resurfacing and Reconstruction Program, Budget No. 02- 3386 -015.
After the County receives bids for the project, the City of Newport Beach will
deposit with the County of Orange the City's share of cost based on actual bid
prices.
The plans and specifications will be prepared
esti ated date of completion
• letion is December of 1987.
4Benjami�nB. Nolan
Public Works Director
GW:jd
by the County. The
I
02 03
... ..................
... OA.c.� ....... p ...... oa�
. . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .
V92
93
95
ne
wl
I.
I . . I I /- /M/ T5 A// 7",47//A/ NehlC'047T 9EDrx7l
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
rlIFr?L1.dllFZ7 z2A71t1Ic--
S 7-AFZ7-,57- 1",c2,e0VeM,5-1V7-
DRAWN-&-.iff-- DATE
APPROVED
PUBLIC WORKS DIRECTOR
R.E. NO.
DRAWING NO.
64
SM
SM;
36
It
Te
67
so
T4 71 b
69
"1 13
72
... ..................
... OA.c.� ....... p ...... oa�
. . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .
V92
93
95
ne
wl
I.
I . . I I /- /M/ T5 A// 7",47//A/ NehlC'047T 9EDrx7l
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
rlIFr?L1.dllFZ7 z2A71t1Ic--
S 7-AFZ7-,57- 1",c2,e0VeM,5-1V7-
DRAWN-&-.iff-- DATE
APPROVED
PUBLIC WORKS DIRECTOR
R.E. NO.
DRAWING NO.
March 11, 1987
TO: CITY CLERK
FROM: Public Works Department
SUBJECT: ORCHARD DRIVE RESURFACING -- COOPERATIVE AGREEMENT
WITH THE COUNTY OF ORANGE
Attached are the original and three copies of the
subject agreements._ Pleasehave them executed on
behalf of the City and return all four to this
department for further processing.
Will you please also send us a certified copy of
the sheet of the minutes of March 9 Council meeting
which refers to this subject.
Gil bert
Wong
Project
Engineer
GW:jd
Att.
-2
Agreement No. D87 -021
A G R E E M E N T C - Z��z 0
1 THIS AGREW NT, made and entered into this ��Z day of
2 , 19.
3 BY AND BE'iWEEN
4
5
A OR
7
8
9
10
11
12
13
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."
W I T N E S S E T H
WHEREAS, COUNTY proposes to resurface the following streets and limits:
Orchard Drive
Irvine Avenue to Orchid Street
14 hereinafter referred to as PRQTFX;T; and
15 WHEREAS, a portion of PROJECT is within CITY limits; and
16 WAS, CITY wishes to have its portion of PROTECT improved as part of
17 COUN'lY's contract for PROTECT; and
18 WHEREAS, PROTECT is included in plans dated March, 1987, titled
19 Resurfacing of Various Streets in Orange County, Contract No. 3; and
20 WHEREAS, COUNTY and CITY wish to define areas of responsibility for the
21 design, construction and inspection of PROTEX'P.
22 NOW, THEREFORE, IT IS AGREED b y the parties hereto as follows:
23 1. COUNTY SHALL:
24 A. Be and is hereby designated as Lead Agency for PR GK'T and shall�\� �
25 prepare and process all necessary environmental documents required by the P� G 0'
26
California Environmental Quality Act of 1970 (CDQA) as amended.
27 B. Be and is hereby designated as Project Engineer, Contracting and
28IIConstruction Agent for the parties to do and perform all things necessary in order
r
Agreement No. D87 -021
1 to design and construct PROJECT in accordance with the approved plans and
2 specifications and to execute and deliver all documents required in connection with
3 the construction and completion of said PROJECT, including its Notice of Completion
4 and final accounting report.
5 C. Submit plans and specifications to CITY for review and approval
6 by the City Engineer or his designee, hereinafter referred to as "CITY ENGINEER",
7 as to design and construction features affecting PRfWEr -T within CITY limits.
8 D. During the period of construction, have jurisdiction over the
9 construction area including that portion within CITY limits.
10 E. Obtain the written concurrence of CITY ENGINEER prior to issuing
11 PR3= change orders affecting PI 1= design for any portion or portions of
12 PRO= within CITY limits.
13 F. Not accept improvements under the contract for PRa7FX`P until CITY
14 ENGINEER approves, in writing, the construction as it affects the operations and
15 maintenance of PROJDCP within CITY limits.
16 G. Any approval or concurrence of city engineer :ball not be
17 withheld except for good cause.
18 II. CITY SBAI.L:
19 A. Be and is hereby designated as a "Responsible Agency" for
20 compliance with CMA.
21 B. Review for approval by CITY ENGINEER the plans and specifications
22 as to design and construction features affecting the construction, operation and
23 maintenance of the portion of PRWBCT within CITY limits.
24 C. Be responsible for the entire total cost of construction and any
25 approved extra work for that portion of PRfa= construction within CITY limits, as
26 CITY boundaries exist at the time COUNTY's Board of Supervisors accepts
27 improvements constructed under contract for PROJECT. Said total cost will be
28 determined by multiplying the awarded contract's actual bid unit price by the total
1
2
3
4
Agreement No. D87 -021
number of work item units within CITY limits. The estimated cost for CITY's
portion of PROJECT's construction cost is approximately Two Thousand Three Hundred
Dollars MOM and in no event shall the final construction cost to CITY exceed
Two Thousand Eight Hundred Dollars ($2,800) without written approval of CITY
D. At all times during the progress of construction of PROJECT
within CITY limits, have access to the work thereon for the purpose of inspection
and, should CITY deem any remedial measures to be necessary, CITY shall notify
COUN'T'Y thereof.
E. Review completed construction for PROJECT and give COUNTY .
approval to accept improvements within CI'_1 limits. Approval shall be withheld
only for work not oompleted per the approved plans and specifications and approved
extra work.
III. PA)24ENTS AND FINAL ACCOUNTING:
A. After COUNTY receives bids for PROJECT construction, CITY will,
upon COUNTY's request, deposit with COUNTY, CITY's share of PROJEGT's oo,istruction
costs based on actual bid prices.
B. Within ninety (90) days after acceptance of the improvement under
the contract by COUNTY, COUNTY shall submit the CITY for review and approval by
CITY ENGINEER a Final Accounting Report for PROJECT.
If said Final Accounting Report as approved by CITY ENGINEER shows
that the total cost to CITY is less than the amount deposited with COUNTY, COUNTY
shall promptly reimburse CITY the difference between the amount deposited and the
actual cost. if said Final Accounting Report as approved by CITY ENGINEER shows
that the total cost to CITY is more than the amount deposited by CITY, CITY shall
promptly reimburse COUNTY for the difference between the amount deposited and the
,actual cost subject to the provisions of Section II C.
M IT IS MUTUALLY UNDERSTOOD AND AMMM:
Agreement No. D37 -021
1 A. Upon acceptance of the improvements under the oontract by COUNTY,
2 CITY shall accept maintenance responsibility for the portion of PRCJI•X'T within CITY
3 limits.
4 B. If PROJEC=T is found to be environmentally unacceptable pursuant
5 to CDQA or if COUNTY fails to award the PROTEC=T oonstruction contract by
6 November 15, 1987; this agreement may be terminated by either party upon thirty
7 (30) days written notice to the other party.
8 C. Pursuant to and in accordance with Section 10532 of the
9 California Government Code, in the event that this oontract involves expenditures
10 of State funds aggregating in excess of Ten Thousand Dollars ($10,000), the parties
11 shall be subject to the examination and audit of the Auditor General of the State
12 of California for a period of three (3) years after final
payment under this
13 Contract.
14 D. That neither CITY nor any officer or employee thereof shall be
15 responsible for any damage or liability occurring by reason of anything done or
16 omitted to be done
by COUNTY under or in connection with any work, authority, or
17 jurisdiction delegated to COUNTY under this agreement. It is also understood and
18 agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully
19 indemnify, defend, and hold CITY harmless from any liability imposed for injury (as
20 defined by Government Code Section 810.8), occurring by reason of anything done or
21 omitted to be done
by COUNTY under or in connection with any work, authority, or
22 jurisdiction delegated to COUNTY under this agreement.
23 E. That neither COUNTY nor any officer or employee thereof shall be
24 responsible for any damage or liability occurring by reason of anything done or
25 omitted to be done
by CITY under or in connection with any work, authority, or
26 jurisdiction not delegated to COUNTY under this agreement. It is also understood
27 and agreed that pursuant to Government Code Section 895.4, CITY shall fully
28 indemnify, defend, and hold COUNTY harmless from any liability imposrA for injury
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
• p
Agreement No. D87 -021
(as defined by Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by CITY or in connection with any work, authority, or
jurisdiction not delegated to COUNTY under this agreement.
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
0
Agreement No. D87 -021
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: , 199,
ATTEST:
1
Clerk of the CoiVlSil
Dated: 19 fi
11a• JI MaIY •all =.a
• • la : ala •r 1 :
LINDA D. ROBERI
Clerk of the Board of Su
of Orange County, Cali
CITY OF
A munic
BY:
APPROVED AS TO FORM:
BY: pa �I
City Attorney
COUNTY OF ORANGE
A political subdivision of the State of
By. .
6 y (
Cfjhnan, Board of Supervisors
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By: /.
Date