HomeMy WebLinkAbout11 - Street Slurry Seal Cooperative Agreement with the County•
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April 12, 1999
CITY COUNCIL AGENDA
ITEM NO. 11
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND
THE CITY OF NEWPORT BEACH FOR STREET SLURRY SEAL
RECOMMENDATION:
Authorize the Mayor to execute a cooperative agreement between the County of Orange and
the City of Newport Beach for the slurry sealing of streets by the County within the City limits.
DISCUSSION:
This spring, the County of Orange will slurry seal streets within its jurisdiction. Three streets,
Irvine Avenue, Orchard Avenue and Tustin Avenue, have a common City /County boundary
within the project and they have offered to include slurry sealing of the City portion of the
streets as part of their contract.
Preparation of the contract documents and administration of the project is provided by the
County. The cost for the City's share is estimated to be $10,000 and is available in the Street
and Bikeway Improvement Account No. 7181- C5100302.
Staff recommends that the City Council execute the agreement allowing the County to include
the City portion of the streets in their contract. This larger project will cost less than a future
smaller City project because of the economy of scale. It will also cause less inconvenience to
the traveling public by disrupting traffic only one time through these roadway segments.
Respectfully submitted,
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PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: W
William Patapoff
City Engineer
Attachments: Project Location Map
Agreement
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Slurry Seal of Various Streets
Limits for City /County Cooperation
Slurry Seal Project
Agreement No. D99 -01(
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A G R E E M E N T
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THIS AGREEMENT,
for purposes of identification hereby dated the day
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of , 19
, is
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BY AND BETWEEN
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The CITY OF NEWPORT BEACH; a
Municipal corporation, hereinafter
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Designated as "CITY,"
AND
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The COUNTY OF ORANGE, a political
subdivision of the State of
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California, hereinafter designated as
"COUNTY."
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- W I T N E S S E T H
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WHEREAS, COUNTY proposes
to slurry seal the following streets and limits:
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Irvine Avenue -
Orchard Avenue to southerly Newport Beach city limit
Orchard Avenue
- Irvine Avenue to Orchid Street
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Tustin Avenue -
Emerson Street to 23`a Street
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Hereinafter referred to as
PROJECT; and
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WHEREAS, a portion of
PROJECT is within CITY limits; and
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WHEREAS, CITY wishes
to have its portion of PROJECT improved as part of COUNTY's
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contract for PROJECT; and
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WHEREAS, PROJECT is included
in plans dated February, 1999, titled Slurry Seal
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of Various Streets in Orange
County, 1998 -99; and
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WHEREAS, PROJECT is declared
CATEGORICALLY EXEMPT from CEQA (14CCR15301(c)); and
WHEREAS, COUNTY and CITY
wish to define areas of responsibility for the design,
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construction and inspection
of PROJECT.
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NOW, THEREFORE, IT IS
AGREED by the parties hereto as follows:
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I. COUNTY SHALL:
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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
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Agreement No. D99 -01
1 design and construct PROJECT in accordance with the approved plans and specifications
2 and to execute and deliver all documents required in connection with the construct A
3 and completion of said PROJECT, including its Notice of Completion and Final
4 Accounting Report.
5 B. Submit plans and specifications to CITY for review and approval by
6 the City Engineer or his designee, hereinafter referred to as `CITY ENGINEER ", as to
7 design and construction features affecting PROJECT within CITY limits.
8 C. During the period of construction, have jurisdiction over the
9 construction area including that portion within CITY limits.
10 D. Obtain the written concurrence of CITY ENGINEER prior to making
11 field decisions and /or issuing PROJECT change orders affecting PROJECT'S design and /o
12 costs by 10% or greater of the CITY'S deposit to COUNTY for any portion or portions o
13 PROJECT within CITY limits.
14 E. Not accept improvements under the contract for PROJECT until CITY'
15 ENGINEER approves, in writing, the construction as it affects the operations and
16 maintenance of PROJECT within CITY limits.
17 F. Furnish and deliver to CITY, if requested, all documents required i
18 connection with the construction and completion of PROJECT.
19 G. Cause the contractor selected by COUNTY to perform the construction
20 of PROJECT in accordance with the approved plans and specifications to (i) name CITY
21 as an additional insured under its insurance policy for the construction of PROJECT
22 and (ii) add CITY as an additional party to be indemnified by said contractor under
23 the indemnity clause in the construction contract between COUNTY and contractor.
II. CITY SHALL:
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25 A. Review for approval by CITY ENGINEER the plans and specifications a:
to design and construction features affecting the construction, operation and '
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maintenance of the portion of PROJECT within CITY limits.
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Agreement No. D99 -01(
1 B. Be responsible for the entire total cost of construction and any
• 2 approved extra work for that portion of PROJECT construction within CITY limits plus a
3 proportionate share of the engineering and inspection costs based on the ratio of
4 CITY'S construction costs to the total contract construction costs. The portion of
5 PROJECT within CITY limits shall be as CITY boundaries exist at the time COUNTY's
6 Board of Supervisors awards the contract for PROJECT. Said total cost will be
7 determined by multiplying the awarded contract's actual bid unit price by the total
8 number of work item units within CITY limits. The estimated cost for CITY's portion
9 of PROJECT's construction cost is approximately Ten Thousand Dollars ($10,000)
10 including engineering and inspection costs, and in no event shall the final
11 construction cost to CITY exceed Eleven Thousand Dollars ($11,000) without written
12 approval of CITY.
13 C. At all times during the progress of construction of PROJECT within
14 CITY limits, have access to the work thereof for the purpose of inspection and, should
15 CITY deem any remedial measures to be necessary, CITY shall notify COUNTY thereof.
16 D. Review completed construction for PROJECT and give COUNTY approval
17 to accept improvements within CITY limits. Approval shall be withheld only for work
18 not completed per the approved plans and specifications and approved extra work.
19 E. Not withhold any approval or concurrence without good cause.
III• PAYMENTS AND FINAL ACCOUNTING:
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A. After COUNTY receives bids for PROJECT construction, CITY will, upon
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22 COUNTY's request, deposit with COUNTY, CITY's share of PROJECT's construction costs
based on actual bid prices.
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B. Within ninety (90) days after acceptance of the improvement under
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the contract by COUNTY, COUNTY shall submit to the CITY for review and approval by
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CITY ENGINEER a Final Accounting Report for PROJECT.
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Agreement No. D99 -010
1 If said Final Accounting Report as approved by CITY ENGINEER shows that
2 the total cost to CITY is less than the amount deposited with COUNTY, COUNTY shall
3 promptly reimburse CITY the difference between the amount deposited and the actual
4 cost. If said Final Accounting Report as approved by CITY ENGINEER shows that the
5 total cost to CITY is more than the amount deposited by CITY, CITY shall promptly
6 reimburse COUNTY for the difference between the amount deposited and the actual cost
7 subject to the provisions of Section II B.
8 IV. IT IS MUTUALLY UNDERSTOOD AND AGREED:
9 A. Upon acceptance of the improvements under the contract by COUNTY,
10 CITY shall accept maintenance responsibility for the portion of PROJECT within CITY
11 limits.
12 B. Pursuant to and in accordance with Section 10532 of the California
13 Government Code, as this contract involves expenditures of State funds aggregating in
14 excess of Ten Thousand Dollars ($10,000), the parties shall be subject to the .
15 examination and audit of the Auditor General of the State of California for a period
16 of three (3) years after final payment under this Contract.
17 C. That neither CITY nor any officer or employee thereof shall be
18 responsible for any damage or liability occurring by reason of anything done or
19 omitted to be done by COUNTY under or in connection with any work, authority, or
20 jurisdiction delegated to COUNTY under this agreement. It is also understood and
21 agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify,
22 defend, and hold CITY harmless from any liability imposed for injury (as defined by
23 Government Code Section 810.8), occurring by reason of anything done or omitted to be
24 done by COUNTY under or in connection with any work, authority, or jurisdiction
delegated to COUNTY under this agreement.
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D. That neither COUNTY nor any officer or employee thereof shall be
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responsible for any damage or liability occurring by reason of anything done or
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Agreement No. D99 -0:
1 omitted to be done by CITY under or in connection with any work, authority, or
2 jurisdiction not delegated to COUNTY under this agreement. It is also understood and
3 agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify,
4 defend, and hold COUNTY harmless from any liability imposed for injury (as defined by
5 Government Code Section 810.8) occurring by reason of anything done or omitted to be
6 done by CITY or in connection with any work, authority, or jurisdiction not delegated
7 to COUNTY under this agreement.
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Agreement No. D99 -010
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
dates opposite their respective signatures: •
CITY OF NEWPORT BEACH
A municipal corporation
IDate:
By
Mayor
ATTEST: APPROVED AS TO FORM:
By
Clerk of the Council City Attorney
Date:
Date:
By
Chairman of the Board of Supervisors
Of the District.
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
By
DARLENE J. BLOOM
Clerk of the Board of Supervisors of
Orange County, California
By
Date: By
APPROVED AS TO FORM
COUNTY COUNSEL^
ORANGE COU Y IFORNIA
By
LAU REN CE M. WAT N w4pr
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