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Home My WebLink AboutC-2848 - Slurry of Irvine Avenue between Bristol Street and Orchard DriveCITY 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: September 16, 1991 SUBJECT: Contract No. C -2848 Description of Contract Agreement for Slurry of Irvine Averrue between Bristol Street to Orchard Drive Effective date of Contract April 2, 1991 Authorized by Minute Action, approved on January 28, 1991 Contract with Countv of Orange Address Amount of Contract (See Agreement) 4f 4je Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach ✓- • C C JAN 2 ` 1991 : TO: City Council January 28, 1991 CITY COUNCIL AGENDA ITEM NO. F -3(d) FROM: Public Works Department C _ zyelf SUBJECT: AGREEMENT WITH COUNTY OF ORANGE FOR SLURRY OF IRVINE AVENUE BETWEEN BRISTOL STREET AND ORCHARD DRIVE RECOMMENDATION: Approve the agreement and authorize the Mayor and the City Clerk to execute. DISCUSSION: As an ongoing portion of their street maintenance program, the County of Orange wishes to apply an emulsion- aggregate slurry upon Irvine Avenue between Bristol Street and Orchard Drive. Since a portion of the project is within the City of Newport Beach, the County has prepared a cooperative agreement for the City to execute if we wish for the City's portion to be slurried and restriped. In the agreement, the County is designated as the project engineer and as such, will prepare the project documents and administer the contract. The City will be responsible for review and approval of project documents, and for payment of our share of contract costs. The City's share of contract costs is estimated at $2,500, but in no event shall the final cost exceed $2,750. Staff recommends approval of the cooperative agreement. Adequate funds are currently budgeted in the Street, Alley and Bikeway Slurry Program. Benjamin B. Nolan Public Works Director LD:so 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 W, 19 20 21 22 23 24 25 26 27 28 Imm A G R E E M E N T 1W • Agreement No. D90 -278 C' TppHIS AGREEMENT, made and entered into this � „ � day of l , 191—. BY AND BETWEEN 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 slurry seal the following streets and limits: Irvine Avenue Bristol St, to Orchard Dr. hereinafter referred to as PROJECT; and WHEREAS, a portion of PROJECT is within CITY limits; and WHEREAS, CITY wishes to have its portion of PROJECT improved as part of ]COUNTY's contract for PROJECT; and WHEREAS, PROJECT is included in plans dated December, 1990, titled Slurry Seal of Various Streets in Orange County; and WHEREAS, PROJECT is declared CATEGORICALLY EXEMPT from CEQA (14CCRIS301(c)); and WHEREAS, COUNTY and CITY wish to define areas of responsibility for the design, construction and inspection of PROJECT. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: I. COUNTY SHALL: A. Be and is hereby designated as Project Engineer, Contracting and Construction Agent for the parties to do and perform all things necessary in order to design and construct PROJECT in accordance with the approved plans and specifications and to execute and deliver all documents required in connection with -1- 1 2 3 4 5 .1 7 8 9 10 11 �A 13 14 15 16 • Agreement No. D90 -278 the construction and completion of said PROJECT, including its Notice of Completion and Final Accounting Report. B. Submit plans and specifications to CITY for review and approval by the City Engineer or his designee, hereinafter referred to as "CITY ENGINEER ", as to design and construction features affecting PROJECT within CITY limits. C. During the period of construction, have jurisdiction over the construction area including that portion within CITY limits. D. Obtain the written concurrence of CITY ENGINEER prior to issuing PROJECT change orders affecting PROJECT design for any portion or portions of PROJECT within CITY limits. E. Not accept improvements under the contract for PROJECT until CITY ENGINEER approves, in writing, the construction as it affects the operations and maintenance of PROJECT within CITY limits. F. Furnish and deliver to CITY, if requested, all documents required in connection with the construction and completion of PROJECT. II. CITY SHALL: 17 A. Review for approval by CITY ENGINEER the plans and specifications 18 as to design and construction features affecting the construction, operation and 19 maintenance of the portion of PROJECT within CITY limits. 20 B. Be responsible for the entire total cost of construction and any 21 approved extra work for that portion of PROJECT construction within CITY limits, as 22 CITY boundaries exist at the time COUNTY's Board of Supervisors accepts 23 improvements constructed under contract for PROTECT. Said total cost will be 24 determined by multiplying the awarded contract's actual bid unit price by the total 25 number of work item units within CITY limits. The estimated cost for CITY's 26 portion of PROJECT's construction cost is approximately Two Thousand Five Hundred 27 Dollars ($2,500) and in no event shall the final construction cost to CITY exceed 28 Two Thousand Seven Hundred and Fifty Dollars ($2,750) without written approval -2- 1W • Agreement No. D90 -278 1 Of CITY ENGINEER. 2 C. At all times during the progress of construction of PROJECT 3 within CITY limits, have access to the work thereon for the purpose of inspection 4 and, should CITY deem any remedial measures to be necessary, CITY shall notify 5 COUNTY thereof. 6 D. Review completed construction for PROJECT and give COUNTY 7 approval to accept improvements within CITY limits. Approval shall be withheld 8 only for work not completed per the approved plans and specifications and approved 9 extra work. 10 E. Not withhold any approval or concurrence without good cause. 11 III. PAYMENTS AND FINAL ACCOUNTING: 12 A. After COUNTY receives bids for PROJECT construction, CITY will, 13 upon COUNTY's request, deposit with COUNTY, CITY's share of PROJECT's construction 14 costs based on actual bid prices. 15 B. Within ninety (90) days after acceptance of the improvement under 16 the contract by COUNTY, COUNTY shall submit to the CITY for review and approval by 17 CITY ENGINEER a Final Accounting Report for PROJECT. 18 If said Final Accounting Report as approved by CITY ENGINEER shows 19 that the total cost to CITY is less than the amount deposited with COUNTY, COUNTY 20 shall promptly reimburse CITY the difference between the amount deposited and.the 21 actual cost. If said Final Accounting Report as approved by CITY ENGINEER shows 22 that the total cost to CITY is more than the amount deposited by CITY, CITY shall 23 promptly reimburse COUNTY for the difference between the amount deposited and the 24 actual cost subject to the provisions of Section II B. 25 IV. IT IS MUTUALLY UNDERSTOOD AND AGREED: 26 A. Upon acceptance of the improvements under the contract by COUNTY, 27 ITY shall accept maintenance responsibility for the portion of PROJECT within CITY 28 imits. -3- n 1 2 3 4 9 Y 7 8 9 10 11 12 13 14 15 16 17 18 19 20I 21 22 23 24 1W MW Agreement No. D90 -278 B. Pursuant to and in accordance with Section 10532 of the California Government Code, in the event that this contract involves expenditures of State funds aggregating in excess of Ten Thousand Dollars ($10,000), the parties shall be subject to the examination and audit of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. C. That neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority, or jurisdiction delegated to COUNTY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend, and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority, or jurisdiction delegated to COUNTY under this agreement. D. That neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction not delegated to COUNTY under this agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend, and hold COUNTY harmless from any liability imposed for injury (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. 2511/// 26 27 28 /// -4- F, 1 L 3 4 5 0 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 Agreement No. D90 -270 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 IIexecuted 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: , 19 ATTEST: IDated. '� , 19 �f / SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD LINDA D. RUTII Clerk of the Board of Supervisors of Orange County, California I /// I /// IPFA:dasPWO- 22 -3(E) -5- CITY OF NEWPORT BEACH A municipal corporation BY; - Mayor APPROVED AS TO FORM: By: City Attorney COUNTY OF ORANGE A political subdivision of the State of California By: - - - Chairman, Board of SVrvisors APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA I Date