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Home My WebLink About13 - Approval of a Cooperation and Reimbursement Agreement between the Orange County Sanitation District Agreement and the City of Newport BeachJuly 10, 2001 CITY COUNCIL AGENDA ITEM NO. 13 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: APPROVAL OF A COOPERATION AND REIMBURSEMENT AGREEMENT BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE CITY OF NEWPORT BEACH RECOMMENDATIONS: 1. Approve the project plans for the Back Bay Drive Road Reconstruction between Jamboree Road and Shellmaker Road. 2. Approve a Cooperation and Reimbursement Agreement between Orange County Sanitation District (OCSD) and the City of Newport Beach ($122,162.25 City's share) for the reconstruction of Back Bay Drive between Jamboree Road and Shellmaker Road as part of OCSD's Backbay Trunk Sewer Project and authorize the Mayor and City Clerk to execute the agreement. Funds are available in Account No. 7181- C5100591. 3. Establish an amount of $10,000.00 to cover the cost of unforeseen work. DISCUSSION: On June 27, 2001, OCSD awarded the $5.5 million Back Bay Trunk Sewer Replacement contract to Ken Thompson, Incorporated. In an effort to minimize construction impacts to the community, the City requested the road reconstruction originally planned as part of next year's pavement management to be included in the OCSD project. The portions of the road reconstruction within the trunk sewer construction area will be paid for by OCSD. The area of road reconstruction between Jamboree Road and the entrance to the Dunes will be paid for by the City, see attached exhibit. Attached for the Council's consideration is the reimbursement agreement for the City to pay $122,162.25 for our share of the costs related to the road reconstruction. The City will also be responsible for completing the road reconstruction plans to be included in the OCSD bid package. SUBJECT: Approval of a Cooperation and Reimbursement Agreement Between the OCSD and the City of Newport Beach July 10, 2001 Page 2 The construction of the trunk sewer is scheduled to start in September and will take approximately one year to complete. The City's obligation under the proposed reimbursement agreement is $122,162.25. There are sufficient funds available in the Gas Tax Funds under Capital Project Account No. 7181- C5100591. Staff recommends approval of the reimbursement agreement. Respectfully sub e , 0) BLIC WORKS DEPARTMENT Don Webb, Director By: Michael I Sinacori, P.E. Utilities Engineer Attachment: Cooperation and Reimbursement Agreement Project Exhibit f:\ users \pbw\ shared \council \fy01 -02 \july- 10 \ocsd agmt.doc COOPERATION AND REIMBURSEMENT AGREEMENT BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE CITY OF NEWPORT BEACH This Cooperation and Reimbursement Agreement is made this day of 2001, by and between: :►o ORANGE COUNTY SANITATION DISTRICT, a political subdivision of the State of California, (hereinafter referred to as "District') CITY OF NEWPORT BEACH, California, a municipal corporation of the State of California (herein referred to as "City ") RECITALS WHEREAS, District currently owns and maintains a 24 -inch ductile iron gravity trunk sewer in Back Bay Drive in City. (hereinafter referred to as 'Back Bay Trunk Sewer"); and, WHEREAS, District is planning to replace the Back Bay Trunk Sewer, pursuant to Contract No. 5-46, commencing in September 2001 (hereinafter referred to as "District Project'); and WHEREAS, District has contracted for design and construction services with Tran Consulting Engineers (hereinafter referred to as "Design Consultant') for the District Project; and 1 WHEREAS, City is planning to reconstruct the pavement on Back Bay Drive from Jamboree to Shellmaker Road (hereinafter referred to as "City Street Improvements "); and WHEREAS, City has completed plans and specifications for the City Street Improvements; and WHEREAS, City and District are desirous of combining each Party's respective Projects in order to minimize costs and impacts to the public. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the Parties hereto agree as follows: Section 1: Elements of Agreement. City and District will work cooperatively together so that City Street Improvements can be combined with District Project to minimize costs and impacts to the public. The specific terms and conditions governing the elements of this Agreement are set forth hereinafter. Section 2: District's Obligations. District shall: A. Incorporate a design and pay for construction costs necessary for the City Street Improvements. B. Assume responsibility for letting and administering a construction contract incorporating the District Project and City Street Improvements. C. Include City approved bid items for the City Street Improvements in the District Project Schedule of prices. Bid items are to be provided for each project under separate headings. 7 D. Obtain all permits necessary for construction of the District Project and City Street Improvements. Section 3: City's Obligations. City shall: A. Contract and pay a design consultant to provide design and construction support services for the City Street Improvements. B. Reimburse District for the actual cost of construction for the City Street Improvements between Jamboree Road and the Northside of the Dunes Main Entrance (Station 17 +00 on City Street Improvement plans, approximately 700 feet), as identified in the schedule of prices set forth in the District's bid packet. In addition, reimburse District for change orders that are initiated by City or due to unforeseen conditions in the field directly related to the City Street Improvements, unless directly related to the District's construction activities and as approved by the City and District. C. Reimburse District for the reasonable administrative and management costs associated with the construction of the City Street Improvements, as specified in Section 3B above. The administration and management costs shall be 5% of the total construction costs of the City's portion of the Street Improvements, including change orders. D. Provide finished plans and specifications for the City Street Improvements to District for inclusion into the bid set of contract documents prior to April 23, 2001, or as soon thereafter as possible. E. Assume responsibility for inspection services on the City Street Improvements. Section 4: Change Orders and Design Addenda. City and District in their respective obligations shall be given the opportunity to review and approve all design addenda and construction change orders issued by either Party pertaining to the work. Section 5: Timing of Reimbursement. The City shall pay the District 10% of the total cost of the City Street Improvements based on the bid prices by September 4, 2001. The City shall pay the District 40% of the total cost for the City Street Improvements prior to the start of work on the City Street Improvements. The District will notify the City, in writing, 30 days prior to the start of work on the City Street Improvements. When all work associated with the City Street Improvements is completed, an accounting shall be performed by District to determine the remaining amount owed by City, in executing their obligations under this Agreement. The City will be allowed to review the final accounting. Upon completion of the accounting and acceptance by the City, an invoice shall be submitted to City for the amount due, and shall be paid within forty -five (45) days of billing. Section 6: Environmental Documentation. District shall be responsible for compliance with the California Environmental Quality Act ( "CEQA ") as to the construction activity associated with District's project and City Street Improvements described in this agreement. Section 7: Hold Harmless. District shall defend and hold City, its elected and appointed officials, and employees, harmless from any and all rd claims, damages or demands arising out of District's performance of its obligations under this Agreement. City shall defend, indemnify, and hold District, its Directors, Officers, and employees, harmless from any and all claims, damages or demands arising out of City's performance of its obligations under this Agreement. Section 8: Insurance. District shall require the construction contractor for its construction activity to maintain policies of Worker's Compensation Insurance and General Liability Insurance for personal injury and property damage, including motor vehicle operators, and products /completed operations liability and blanket contractual liability during all times of the contract in the amounts consistent with District's established policies for construction agreements. Such policies shall name the District and City, its officers, agents, and employees as additional insureds thereon. Section 9: Term. The term of this Agreement shall be in full force and effect until the specified obligations of both Parties have been fulfilled or rescinded by both Parties. Section 10: Agents. Any contractor or subcontractor performing work in connection with the work described herein on behalf of either Party shall be conclusively deemed to be the servant and agent of each respective Party employing said contractor or subcontractors hereof, acting on behalf and within the scope of such contractor and subcontractor employment for said Party. 5 Section 11: Notices. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process. To District: Orange County Sanitation District Attn: Penny Kyle Board Secretary 10844 Ellis Avenue Fountain Valley, CA 92708 -7018 To City: City of Newport Beach Attn: Bill Patapoff City Engineer 3300 Newport Blvd. Newport Beach, CA 92663 Section 12: Breach. In the event suit is brought by either Party to enforce the terms and provisions of this Agreement, or to secure the performance hereof, each Party shall bear its own attorneys' fees. Section 13: Force Majeure. Except for the payment of money, neither Party shall be liable for any delays or other non - performance resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, Act of God, strike or labor dispute, war or other violence, acts of third parties not within City's or District's reasonable control or any law, order or requirement of any governmental agency or authority. Section 14: Governing Law. This Agreement shall be governed by the laws of the State of California in effect at the time of signing this Agreement. C r Section 15: Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Section 16: Waiver. A waiver of a breach of the covenants, conditions or obligations under this Agreement by either Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or obligations of this Agreement. Section 17: Modification. Alteration, change or modification of this Agreement shall be in the form of a written amendment, which shall be signed by each Party. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above first written. Dated ORANGE COUNTY SANITATION DISTRICT 0 Dated: By APPROVED AS TO FORM: THOMAS L. WOODRUFF DISTRICT COUNSEL In Chair, Board of Directors Secretary, Board of Directors CITY OF NEWPORT BEACH, a municipal corporation of the State of California Dated: By Dated: ATTEST: 5Z Garold B. Adams, Mayor City Clerk APPROVED AS TO FORM Dated: By City Attorney F: \Users \PBW\SharedWgreements \Fy 01- 02\OCSD Co-Op Trunk Sewer.doc 8 a✓ _i , \ / 5 <) / , D OZ �J OY aj a� C � m (-1 ry in 3 m ti U Lu Lu cc Z IW- W= WX W L 1 ■ '^ L W U W OC O 0 cc CL M� W U MQ �V / 41VIIII�' � ' I / C � m (-1 ry in 3 m ti U Lu Lu cc Z IW- W= WX W L 1 ■ '^ L W U W OC O 0 cc CL M� W U MQ �V