HomeMy WebLinkAboutC-2860 - Cooperative Agreement for Irvine Avenue/Tustin Avenue ResurfacingCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
T0: FINANCE DIRECTOR
L;I Z7y��LY�L�]�LJ i�
DATE: September 16, 1991
(714) 644 -3005
SUBJECT: Contract No. C -2860
Description of Contract Irvine Avenue and Tustin Avenue
Effective date of Contract July 16- 1991
Authorized by Minute Action, approved on April 8. 1991
Contract with County of Orange
Address
Amount of Contract (See Agreement)
✓W62�1' � '
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
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FROM:
SUBJECT:
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City Council
Public Works Department
April 8, 1991
CITY COUNCIL AGENDA
ITEM NO. F -3(a)
IRVINE AVENUE AND TUSTIN AVENUE RESURFACING
COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute
Cooperative Agreement No. D90 -287 with the County of
Orange.
DISCUSSION:
This project provides for a jointly funded City of
Newport Beach /County of Orange asphaltic concrete overlay of
Irvine Avenue from Mesa Drive South to University Drive and
Tustin Avenue from Emerson Street to 23rd Street. 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 $49,000. There are sufficient
funds in the Street, Alley, and Bikeway Resurfacing and
Reconstruction Program, Budget No. 02- 3390 -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 costs based
on actual bid prices.
The plans and specifications will be prepared by the
County. The estimated date of completion is September of 1991.
Benjamin B. Nolan
Public Works Director
GW:so
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AND
A G R E E M E N T
THIS AGREEMENT, made and entered into this
7 19 �.
BY AND BETWEEN
Agreement No. D90 -287
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day of
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:
Irvine Avenue Mesa Drive South to Newport Beach City
Limits
Tustin Avenue Emerson Street to 23rd Street
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 April, 1991, titled
Resurfacing of Various Streets in Orange County; and
WHEREAS, PROJECT is declared CATEGORICALLY EXEMPT from CEQA
(14CCR15301(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
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Agreement No. D90 -287
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 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.
II. CITY SHALL:
A. Review for approval by CITY ENGINEER the plans and
specifications as to design and construction features affecting the construction,
operation and maintenance of the portion of PROJECT within CITY limits.
B. Be responsible for the entire total cost of construction and
any approved extra work for that portion of PROJECT construction within CITY
limits, as CITY boundaries exist at the time COUNTY's Board of Supervisors
accepts improvements constructed under contract for PROJECT. Said total cost
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F. Furnish
and
deliver to CITY,
if requested,
all documents
required
in connection with
the
construction and
completion of
PROJECT.
II. CITY SHALL:
A. Review for approval by CITY ENGINEER the plans and
specifications as to design and construction features affecting the construction,
operation and maintenance of the portion of PROJECT within CITY limits.
B. Be responsible for the entire total cost of construction and
any approved extra work for that portion of PROJECT construction within CITY
limits, as CITY boundaries exist at the time COUNTY's Board of Supervisors
accepts improvements constructed under contract for PROJECT. Said total cost
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Agreement No. D90 -287
will be determined by multiplying the awarded contract's actual bid unit price by
the total number of work item units within CITY limits. The estimated cost for
CITY's portion of PROJECT's construction cost is approximately Forty -Nine
Thousand Dollars ($ 49,000) and in no event shall the final construction cost to
CITY exceed Fifty -Four Thousand Dollars ($ 54,000) without written approval of
CITY ENGINEER.
C. At all times during the progress of construction of PROJECT
within CITY limits, have access to the work thereof for the purpose of inspection
and, should CITY deem any remedial measures to be necessary, CITY shall notify
COUNTY thereof.
D. Review completed construction for PROJECT and give COUNTY
approval to accept improvements within CITY limits. Approval shall be withheld
only for work not completed per the approved plans and specifications and
approved extra work.
E. Not withhold any approval or concurrence without good cause.
III. PAYMENTS AND FINAL ACCOUNTING:
A. After COUNTY receives bids for PROJECT construction, CITY
will, upon COUNTY's request, deposit with COUNTY, CITY's share of PROJECT's
construction costs based on actual bid prices.
B. Within ninety (90) days after acceptance of the improvement
under the contract by COUNTY, COUNTY shall submit to 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
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Agreement No. D90 -287
promptly reimburse COUNTY for the difference between the amount deposited and the
actual cost subject to the provisions of Section II B.
IV. IT IS MUTUALLY UNDERSTOOD AND AGREED:
A. Upon acceptance of the improvements under the contract by
COUNTY, CITY shall accept maintenance responsibility for the portion of PROJECT
within CITY limits.
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
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Agreement No. D90 -287
1 (as defined by Government Code Section 810.8) occurring by reason of anything
2 done or omitted to be done by CITY or in connection with any work, authority, or
3 jurisdiction not delegated to COUNTY under this agreement.
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Agreement No. D90 -287
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: , 19/�
ATTEST:
Dated:
i
Clerk of the
1L
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
LINDA D. RUTH
Clerk of the Board of Supervisors
of Orange County, California
PFA:das /1064
1030416484991
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CITY OF NEWPORT BEACH
A municipal corporation
i
By: i Ft- 4r1
Mayor
APPROVED AS TO FORM:
By:
COUNTY OF ORANGE
A political subdivision of the State
of California
O
Chairman, Board o upervisors
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By:
Date