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Home My WebLink AboutC-2843 - Reimbursement for Construction of Medians along Pacific Coast Highway in Corona del Mar0 0 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: June 14, 1991 SUBJECT: Contract No C -2843 Description of Contract Reimbursement Agreement (Construct Medians along PCH in Corona del Mar) Effective date of Contract June 12, 1991 Authorized by Minute Action, approved on May 28, 1991 Contract with County Sanitation Districts Address P.O. Box 8127 Fountain Valley, CA 92728 -8127 Amount of Contract (See Agreement) GUWWI �il-' S 4je Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach v • C7 2 Y THE CITY COUNC Y OF NEWPORT BE TO: City Council FROM: Public Works Department May 28, 1991 CITY COUNCIL AGENDA ITEM NO. F -3(e.) 0- z JVJ SUBJECT: REIMBURSEMENT AGREEMENT WITH COUNTY SANITATION DISTRICT TO CONSTRUCT MEDIANS ALONG PCH IN CORONA DEL MAR RECOMMENDATION: Approve the Reimbursement Agreement and authorize the Mayor and City Clerk to execute. DISCUSSION: The County Sanitation Districts of Orange County ( CSDOC) are planning a sewer replacement project within Pacific Coast Highway through Corona Del Mar. The project, "improvements to Bayside Drive Trunk Sewer - Phase 3 - Contract No. 5- 34 -3," includes the replacement of trunk sewer within the centerline area of Coast Highway. Since the City desires to install a landscaped median between Seaward Road and the easterly City limits along Coast Highway, it would be beneficial to combine the two projects to reduce construction costs and traffic impacts. The agreement with CSDOC defines administration and specifies funding to construct the project. A summary of the agreement is as follows: CSDOC agrees: 1. To prepare plans, specifications, environmental documentation, and permits for the entire project including the median portion. 2. Administer the design and construction contracts. 3. Pay all costs associated with the sewer portion of the project. CITY agrees: 1. To equally share with CSDOC all costs associated with the design and construction of the median portion of the project including engineering, design, excavation, construction surveying and inspection. 09) Subject: Reimbursement Agreement with County Sanitation District to Construct Medians along PCH in Corona del Mar May 28, 1991 • Page 2 The median improvement work to be incorporated in the CSDOC contract includes curb and stamped concrete installation, together with extending water services to the median islands. A later City administered contract will install the irrigation system and landscaping plant materials. The preliminary cost estimate for construction of the median, not including the irrigation and landscape planting, is approximately $275,000. The City's share is estimated to be $137,500. Funding for the City's portion of this project will be available in the 1991 -92 Capital Improvement Budget. The construction of this project has been tentatively scheduled for January 1992. Benjamin B. Nolan • Public Works Director SB:so REIMBURSEMENT AGREEMENT WITH CITY OF NEWPORT BEACH THIS AGREEMENT is made and entered into, to be effective the 12th day of Tune , 1991, by and between: COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA, hereinafter referred to as "District" AND CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ". WHEREAS, the District is installing a sewer pipeline and related facilities in the Pacific Coast Highway which has been designated as "Improvements to Bayside Drive Trunk Sewer, Contract No. 5- 34 -311; and WHEREAS, the City wishes to establish medians in a portion of the Pacific Coast Highway which is included within the District's Project; and WHEREAS, the Parties mutually agree that combining the District's sewer project with the City's median project would minimize costs and construction impacts at the site; and WHEREAS, a combined "Project" shall consist of construction of the District's Improvements to Bayside Drive Trunk Sewer ( "Sewer Portion "), and the construction of the City's medians and related facilities ( "Median Portion ") at the location of the Project shown on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, District and City desire to set forth their 1 . t. 0 0 respective rights and obligations concerning the Project. NOW, THEREFORE, the Parties agree as follows: Section 1: Project Design District shall prepare, or cause to be prepared, plans and specifications for the entire Project, including the Median Portion of the Project. Section 2: Districtis Responsibilities District shall be solely responsible for the preparation and awarding of the contract pursuant to the applicable public bid requirements for the construction of the entire Project, including the construction of the Sewer Portion and the Median Portion of the Project. Toward this end, District shall be responsible for the preparation of all legal documents, including the notice inviting bids, instructions to bidders, and any 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 entire Project. Section 3: Right of Access City shall have the right of access to the construction site of the Project for purposes of observation of the construction of the Median Portion of the Project. Section 4: Costs A. District's Costs District shall pay all costs associated with the Sewer Portion of the Project, including engineering, design, excavation, construction, surveying, inspection and contract administration. B. Median Costs Except for the costs of contract administration, District and City shall equally share all costs associated with the design and construction of the Median Portion of the Project, including engineering, design, excavation, construction, surveying and inspection. The Parties agree that the estimated cost for the Median Portion of the Project is $275,000. City's share is estimated to be $137,500. Section 5: Environmental Impact Report /Permits District shall act as Lead Agency and shall be responsible for full compliance with the provisions of the California Environmental Quality Act ( "CEQA ") for the Project. For purposes of CEQA, all work hereunder shall be deemed a single project and reference will be made to District's adopted Master Plan of Sewer Facilities - 1989, as amended and supplemented, and related approved Environmental Impact Report. District shall also obtain all necessary permits to construct the Project. Section 6: Change Orders The approval of City shall be obtained for all change orders issued by District pertaining to the Median Portion of the Project that exceed ten percent (10 %) of the contract costs. Change Orders issued without said approval shall not be eligible for reimbursement from City. 3 Section 7: Payment City shall pay District City's share of the costs of the Median Portion during construction within thirty (30) days from receipt of District's invoices for same. Final invoices shall be paid within thirty (30) days after acceptance of the construction of the Median Portion of the Project by City. The final invoice shall include all costs due pursuant to Section 4 B above. Section 8: 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 the person or property, arising out of the design or construction of the 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 9: insurance District shall require the construction contractor for the Project to maintain a policy of public liability insurance for personal injury and property damage, including motor vehicle operators, during all times of the contract in the amounts and in a form satisfactory to City's Attorney and District's General Counsel. Said policy shall name the City, the District, their officers, agents and employees as additional insureds thereon. Section 10: Integration This Agreement represents the entire understanding of the City and the District as to those matters contained herein. No prior 0 i, 0 0 oral or written understanding shall be of any force or effect with respect to those matters covered by this Agreement. This Agreement may not be modified, altered or amended except in writing by the City and the District. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on day and year first above written. "DISTRICT" COUNTY SANITATION DISTRICT NO. 5 OF ORANGEOUNTY, C LIFORNIA By 4s&,4 . air n, Board of Directors B Secretary, Board of Directors APPROVED AS TO FORM: THOMAS L. WOODRUFF DISTR GENERAL COUNSEL By c.I%'la� "CITY" i ' APPROVED AS TO FORM: CITY ATTORNEY CITY OF WPO BEACH,g By C✓YJ I" (Q \957) 2/1/91 CITY OF NEWPORT BEACH By - -%71J cpL 5 r r� Z cn ZM 0 ---�� cn a �m o _ILL Le �; cif L ril 7 Pv IrIll i I l i m La w a 0 M LLI Q 4 CL m, oW zU) E_ 8 a � E- M d' 0 Z a CC W June 13, 1991 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Wanda E. Raggio, City Clerk rr`Cq?4f'swo . tH Subject: Reimbursement Agreement relative to a cooperative project to construct raised medians along Pacific Coast Highway through Corona del Mar for the City in conjunction with Districts' Improvements to Bayside Drive Trunk Sewer, Phase 3, Contract No. 5 -34 -3 Enclosed herewith please find one fully- executed copy of subject agreement for your files. /) -Z -../ IC4AV volt, Rita J. Brown Board Secretary RJB /pk Enclosure cc: Thomas L. Woodruff (w /enc.) Thomas M. Dawes (w /enc.)