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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 3, TV26FA TO: CITY COUNCIL 0 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