HomeMy WebLinkAboutC-2841 - Relocation of City's Sewer Main on Hamilton-Victoria Bridge across the Santa Ana RiverW
A
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: August 26, 1991
SUBJECT: Contract No. C -2841
Description of Contract Agreement for Relocation of the City's
Sewer Force Main on the Hamilton- Victoria Bridge across the
Santa Ana River
Effective date of Contract February 5, 1991
Authorized by Minute Action, approved on November 26, 1990
Contract with County of Orange
Address
Amount of Contract (See
"W� 4f 4
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
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TO: CITY COUNCIL
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November 26, 1990
CITY COUNCIL AGENDA
ITEM NO. r -3 (b)
FROM: Utilities Department
SUBJECT: HAMILTON- VICTORIA BRIDGE RECONSTRUCTION PROJECT
NEWPORT BEACH SEWER MAIN RELOCATION AGREEMENT
RECOMMENDATION:
Approve Agreement for cost sharing and contract
administration with Orange County Environmental
Management Agency, hereinafter OCEMA, for relocation
of City-owned sewer force main.
DISCUSSION:
The United States Army Corps of Engineers is requiring
OCEMA to widen and reconstruct the Hamilton- Victoria Avenue bridge
across the Santa Ana River and Banning - Greenville Channel as a part of
the "All-River Plan".
The OCEMA has, under the terms of the City's license
agreement with the County, requested the City to relocate its existing
sewer force main to accommodate the bridge reconstruction.
The Army Corps of Engineers' schedule for construction
requires OCEMA to commence with the bridge reconstruction work by
January 1991.
Orange County EMA is in the process of preparing fmal
construction plans and specifications. Because the existing sewer pipe
is inside the existing bridge, and because the relocated sewer main
should be placed in the new bridge structure, a coordinated design and
construction effort is required. The City has retained the services of a
private consultant to provide a design for the new City sewer force main
in conjunction with the County's bridge construction.
The Agreement submitted for your approval provides for a
coordinated design and construction effort. The key points of the
agreement are summarized as follows:
(0)
Page 2
Hamilton - Victoria Bridge - Relocation Agreement •
November 26, 1990
1. CITY provides engineering design, construction cost
estimate, construction plans and specifications for a coordinated
construction effort. Project plans and specifications will be part of
OCEMA's bridge construction contract.
2. OCEMA advertises overall project for public bid with
CITY sewer force main relocation as a part of the project. OCEMA
awards contract for construction and administers the contract.
3. CITY deposits funds with OCEMA for the cost of the
sewer relocation. Both parties agree to a "not to exceed" cost to
protect against unbalanced bids.
4. CITY pays for incremental design costs incurred by
OCEMA's engineering consultant to coordinate with CITY's
consultant and to modify the County's project plans.
5. OCEMA contracts for construction by private contractor.
6. CITY assists with construction inspection.
7. OCEMA prepares a final accounting of the project
construction costs, administration costs, and authorized change
orders. OCEMA pays costs from CITY deposit. Balance remaining
(if any) refunded to CITY within 60 days of project completion
notice.
The City's design consultant is near completing the
construction plans and specifications for incorporation into the
County's contract. OCEMA has notified the City of their intention to
advertise for bids in late November 1990.
The preliminary cost estimate for the installation is
$187,000. Funding for the project will come from the City's sewer
main replacement program budget.
The project coordination concept was reviewed and
recommended by the Utilities Committee at their meeting on October
29, 1990.
Robert J. Dixon
Utilities Director
JS: sdi
Attachment: Exhibit "A ": OCEMA Agreement
Exhibit "B ": Project Location Map
Z-
•
RGREEMENT
•Agreement No. D90 -261
FOR RELOCATION OF THE CITY's SEWER FORCE MAIN
ON THE HAMILTON - VICTORIA BRIDGE ACROSS THE SANTA ANA RIVER
THIS AGREEMENT entered into this day of 1990,
by and between:
COUNTY OF ORANGE, a political
subdivision of the State of California,
hereinafter referred to as "COUNTY ",
and;
CITY OF NEWPORT BEACH, a
municipal Corporation, hereinafter
referred to as "CITY"
WITNESSETH:
WHEREAS, "COUNTY "proposes to reconstruct the Hamilton- Victoria
Bridge crossing the Santa Ana River and Greenville- Banning Channel
partially in the unincorporated area of the County of Orange, partially in the
City of Costa Mesa and partially in the City of Huntington Beach, hereinafter
referred to as "PROJECT ", and;
WHEREAS, "CITY" owns, operates and maintains a 4" P.V.C. sewer
force main within "COUNTY'S" right -of -way and which is in conflict with
"PROJECT ", and;
WHEREAS, "CITY'S" 4" sewer force main exists in "COUNTY's" bridge
by virtue of Permit No. 36354 -E issued by Orange County Road Department
which is subordinate to "COUNTY's" rights for Hamilton- Victoria Bridge,
and;
WHEREAS, "CITY" is required to relocate at "CITY" expense those
portions of "CITY'S" 4" sewer force main which interfere with "COUNTY'S"
"PROJECT ", and;
WHEREAS, "CITY" desires that "COUNTY" include the necessary
relocation work of "CITY'S" 4" sewer force main into "PROJECT" in accord
with the terms of this Agreement.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
-1-
Exbibit 'A "
• •
I. "COUNTY" SHALL:
A. Include within its construction contract for "PROJECT ", relocation
of the interfering portions of "CITY's" 4" sewer force main, per City
Standards as shown on plans prepared by "CITY ".
B. Modify "COUNTY's" construction plans to accommodate "CITY's"
relocated facilities and appurtenances in "COUNTY's" reconstructed
Hamilton- Victoria Bridge, at an engineering expense of four
thousand dollars, ($4,000.00).
C. Issue change orders to "CITY's" sewer force main relocation, but only
after concurrence by " CITY's" Engineer.
D. Advertise for bids and award a construction contract to the lowest
responsible bidder.
E. Inspect the construction work including "CITY's" relocated facilities.
F. Not accept the construction work from "COUNTY's" Contractor
until "CITY" concurs that "CITY'S" facilities have been constructed
in accord with " CITY's" approved plans and any authorized contract
change orders.
II. "CITY" SHALL:
A. Prepare the necessary plans and specifications for relocation of the
interfering portions of "CITY's" 4 -inch sewer force main to include
into "COUNTY's" plans and specifications for "PROJECT ".
B. Reimburse "COUNTY's" Environmental Management Agency,
four thousand dollars, ($4,000.00), for engineering expenses
incurred to accommodate "CITY'S" relocated facilities and
appurtenances in "COUNTY's" reconstructed Hamilton- Victoria
Bridge. Said reimbursement shall be made within thirty days (30)
of the execution of this Agreement.
C. Deposit with "COUNTY's" Environmental Management Agency,
one hundred eighty seven thousand dollars ($187,000.00) as the
estimated cost for relocation of "CITY's" 4 -inch sewer force main
listed in I.A. above. Said deposit shall be made within thirty days
(30) of the execution of this Agreement.
D. Upon completion of "CITY'S" 4 -inch sewer force main relocation,
provide to "COUNTY" final payment for said work described in I.A.
above and determined as the sum of Dl, D2, and D3:
IVA
E
•
1. The actual sum of the item prices bid for reconstruction
and relocation of "CITY'S" 4 -inch sewer force main from
the contractor to whom "COUNTY" has awarded the
contract for said "PROJECT ". Said amount not to exceed
two hundred thousand dollars, ($200,000.00) without
approval of City Engineer.
2. Change order expenses, related to work involved with
"CITY's" 4-inch sewer force main, if any, will be added to
the above.
3. Six percent (6 %) of the actual amount determined in
II.D.1. and II.D.2. above as an agreed amount to reimburse
"COUNTY" for costs incurred for inspection and
administration related to relocation of " CITY's" sewer
force main will be added to the above.
III. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT:
A. If the final cost per H.D. above exceeds the deposit, "CITY" shall
within sixty (60) days of receipt of statement, pay "COUNTY"
the difference; if the final cost is less than the deposit,
"COUNTY" shall, with the statement, refund the difference to
"CITY ".
B. If "COUNTY" does not award said contract within twelve (12)
months of the execution of this agreement, " CITY's" deposit
shall be refunded by "COUNTY" within sixty (60) days.
C. In the relocation of "CITY's" 4 -inch sewer force main,
"COUNTY" will furnish a representative to perform the usual
functions of a Resident Engineer, and the "CITY" may, at no
cost to "COUNTY ", furnish a Resident Engineer if it so desires.
Said representative and Resident Engineer will cooperate and
consult with each other, but the decision of "COUNTY'S"
Resident Engineer shall be final.
D. Neither "COUNTY" nor any officer or employee thereof shall
be liable for any damage or injury occurring by reason of any
error or omission in the design or workmanship of the facilities
installed hereunder for "CITY ", and "CITY" agrees to defend
and indemnify "COUNTY" against any actions related thereto.
"CITY" agrees to hold "COUNTY" and its officers and
employees harmless and will appear to defend them in any
action filed against "COUNTY" or its said officers or employees
for any act or failure to act of "CITY" in connection with the
work herein.
-3-
i
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the first date above written:
SIGNED AND CERTIFIED THAT A COPY OF COUNTY OF ORANGE,
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
LINDA D. RUTH
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
APPROVED AS TO FORM:
City Attorney's Office
Robin Flory, Assistant City Attorney
ATTEST:
Clerk of the City of Newport Beach
BY
Wanda Raggio, City Clerk
61`
150
Chairman of Board of Supervisors
CITY OF NEWPORT BEACH,
a municipal corporation
Mayor
-90SCl
17
Exhibit "B"
�OPY No. 2
SECOND PARTY
RGREEMENT
Agreement No. D90 -261
FILE COPY
FOR RELOCATION OF THE CITY's SEWER FORCE MAIN
ON THE HAMILTON - VICTORIA BRIDGE ACROSS THE SANTA ANA RIVER
THIS AGREEMENT entered into this Ji day of � 1991,
by and between: V/r
COUNTY OF ORANGE, a political
subdivision of the State of California,
hereinafter referred to as "COUNTY ",
and;
CITY OF NEWPORT BEACH, a `
municipal Corporation, hereinafter
referred to as "CITY"
WIT HESSETN:
WHEREAS, "COUNTY "proposes to reconstruct the Hamilton- Victoria
Bridge crossing the Santa Ana River and Greenville- Banning Channel
partially in the unincorporated area of the County of Orange, partially in the
City of Costa Mesa and partially in the City of Huntington Beach, hereinafter
referred to as "PROJECT ", and;
WHEREAS, "CITY" owns, operates and maintains a 4" P.V.C. sewer
force main within "COUNTY'S" right -of -way and which is in conflict with
"PROJECT", and;
WHEREAS, "CITY'S" 4" sewer force main exists in " COUNTY's" bridge
by virtue of Permit No. 36354 -E issued by Orange County Road Department
which is subordinate to "COUNTY'S" rights for Hamilton- Victoria Bridge,
and;
WHEREAS, "CITY" is required to relocate at "CITY" expense those
portions of " CITY's" 4" sewer force main which interfere with "COUNTY'S"
"PROJECT"", and;
WHEREAS, "CITY" desires that "COUNTY" include the necessary
relocation work of " CITY's" 4" sewer force main into "PROJECT" in accord
with the terms of this Agreement.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
Do
it
I. "COUNTY" SHALL:
40
A. Include within its construction contract for "PROJECT ", relocatfbn
of the interfering portions of "CITY's" 4" sewer force main, per City
Standards as shown on plans prepared by "CITY ".
B. Modify "COUNTY's" construction plans to accommodate "CITY's"
relocated facilities and appurtenances in " COUNTY's" reconstructed
Hamilton - Victoria Bridge, at an engineering expense of four
thousand dollars, ($4,000.00).
C. Issue change orders to "CITY's" sewer force main relocation, but only
after concurrence by "CITY'S" Engineer.
`D. Advertise for bids and award a construction contract to the lowest
responsible bidder.
E. Inspect the construction work including "CITY'S" relocated facilities.
F. Not accept the construction work from "COUNTY'S" Contractor
until "CITY" concurs that " CITY's" facilities have been constructed
in accord with " CITY's" approved plans and any authorized contract
change orders.
II. "CITY" SHALL:
A. Prepare the necessary plans and specifications for relocation of the
interfering portions of "CITY's" 4 -inch sewer force main to include
into " COUNTY's" plans and specifications for "PROJECT ".
B. Reimburse " COUNTY's" Environmental Management Agency,
four thousand dollars, ($4,000.00), for engineering expenses
incurred to accommodate "CITY's" relocated facilities and
appurtenances in " COUNTY's" reconstructed Hamilton- Victoria
Bridge. Said reimbursement shall be made within thirty days (30)
of the execution of this Agreement.
C. Deposit with " COUNTY's" Environmental Management Agency,
one hundred eighty seven thousand dollars ($187,000.00) as the
estimated cost for relocation of " CITY's" 4 -inch sewer force main
listed in I.A. above. Said deposit shall be made within thirty days
(30) of the execution of this Agreement.
D. Upon completion of " CITY's" 4 -inch sewer force main relocation,
provide to "COUNTY" final payment for said work described in I.A.
above and determined as the sum of Dl, D2, and D3:
-2-
r/
1. The actual sum of the item prices bid for reconstruction
and relocation of " CITY's" 4 -inch sewer force main from
the contractor to whom "COUNTY" has awarded the
contract for said "PROJECT ". Said amount not to exceed
two hundred thousand dollars, ($200,000.00) without
approval of City Engineer.
2. Change order expenses, related to work involved with
" CITY's" 4 -inch sewer force main, if any, will be added to
the above.
3. Six percent (6 %) of the actual amount determined in
H.D.1. and II.D.2. above as an agreed amount to reimburse
"COUNTY" for costs incurred for inspection and
administration related to relocation of " CITY's" sewer
force main will be added to the above.
III. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT:
A. If the final cost per 11D. above exceeds the deposit, "CITY" shall
within sixty (60) days of receipt of statement, pay "COUNTY"
the difference, if the final cost is less than the deposit,
"COUNTY" shall, with the statement, refund the difference to
"CITY ".
B. If "COUNTY" does not award said contract within twelve (12)
months of the execution of this agreement, "CITY'S" deposit
shall be refunded by "COUNTY" within sixty (60) days.
C. In the relocation of "CITY'S" 4 -inch sewer force main,
"COUNTY" will furnish a representative to perform the usual
functions of a Resident Engineer, and the "CITY" may, at no
cost to "COUNTY ", furnish a Resident Engineer if it so desires.
Said representative and Resident Engineer will cooperate and
consult with each other, but the decision of "COUNTY'S"
Resident Engineer shall be final.
D. Neither "COUNTY" nor any officer or employee thereof shall
be liable for any damage or injury occurring by reason of any
error or omission in the design or workmanship of the facilities
installed hereunder for "CITY ", and "CITY" agrees to defend
and indemnify "COUNTY" against any actions related thereto.
"CITY" agrees to hold "COUNTY" and its officers and
employees harmless and will appear to defend them in any
action filed against "COUNTY" or its said officers or employees
for any act or failure to act of "CITY" in connection with the
work herein.
-3-
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the first date above written:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
LINDA D. RUTH
EB
Clerk of the Board of Superviso
of Orange County, California
A
APPROVED AS TO FORM:
ADRIAW,KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
APPROVED AS TO FORM:
City Attorney's Office
i
Robin Flory; As4istant Ca Attorney
ATTEST: /
Clerk of the City of Newport Beach
L Wanda Raggio, Clerk
COUNTY OF ORANGE,
Chairman of Board of Su sors
CITY OF NEWPORT BEACH,
a municipal corporation
Mayor
Sa