HomeMy WebLinkAbout07 - C-3815 - Bristol Street NorthCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
October 10, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Steve Luy, P.E.
949- 644 -3330 or sluy@city.newport-beach.ca.us
SUBJECT: APPROVAL OF AN AGREEMENT WITH THE COUNTY OF ORANGE
FOR THE BRISTOL STREET NORTH — STREET REHABILITATION,
CONTRACT NO. 3815
RECOMMENDATION:
Approve the proposed Agreement between the City of Newport Beach and the County
of Orange to add resurfacing of the County owned portions of the intersection at Bristol
Street North and Campus Drive as a part of the Bristol Street North between Campus
Drive and Jamboree Road Street Rehabilitation project and authorize the Mayor and
City Clerk to execute the Agreement.
DISCUSSION:
The City of Newport Beach has prepared construction documents to resurface Bristol
Street North from Campus Drive to Jamboree Road. The County of Orange (County)
has requested that the City include the County portions of the intersection of Bristol
Street North and Campus Drive into the City's project.
The Agreement defines each Agency's roles and responsibilities. The City of Newport
Beach will be responsible for construction administration, construction engineering,
survey, testing, and inspection for the entire project. The County will reimburse the City
for the County's share of the construction costs estimated at $58,000. The total project
cost is estimated at $642,000.
The construction drawings and specifications have been reviewed by both the City and
the County. The project will be advertised for bid after the Agreement is fully executed
by both parties. The County Board of Supervisors approved the Agreement at its
August 15 meeting.
Approval of an Agreement with the County of Orange for the Bristol Street North — Street Rehabilitation. Contract No. 3815
October 10. 2006
Page 2
Environmental Review:
City staff has reviewed the project and has determined the project is exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA
Implementing Guidelines when the project is authorized by the City Council. This
exemption covers the maintenance and alteration of existing public facilities with
negligible expansion of the facilities in areas that are not environmentally sensitive.
Associate Civil
Attachment: Agreement
Submitted
m G. Badum
Works Director
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
August 15, 2006
SubmittingAgencm Department: RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT
Approve agreement D06 -026 with Newport Beach for Bristol Street North rehabilitation from Campus Drive to
Jamboree Road; and make California Environmental Quality Act findings - District 2
The following is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED 0 OTHER O
Unanimous ® (1) CORREA: Y (2) SILVA: Y (3) CAMPBELL: Y (4) NORBY: Y (5) WILSON: Y
Vote Key: Y =Yes; N =No; A Abstain; X= Excused,• B.O. =Board Order
Documents accompanying this matter:
O Resolution(s)
O Ordinances(s)
6 Contract(s) (, 0 RI &
Item No. 15
Special Notes:
Copies sent to:
CEO
RDMD: Pete Allen
RDMD /Accounting: Linda Scherer
S- 1-1 -o%
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csc�\z:
i certify that the foregoing is a true and correct copy ofthe Minute Order
adopted by the Board of Supervisors, Orange County, State of California.
DARLENE J. BLOOM, Clerk of the Board
By: -
ty
ORIGINAL Agreement No. D06 -026
CLERK OF THE BOARD
ORANGE COUNTY
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AGREEMENT
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THIS AGREEMENT, made and entered into as of the date signed by the Mayor, City of
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Newport Beach, is, BY AND BETWEEN The CITY OF NEWPORT BEACH, a Municipal
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Corporation in the State of California hereinafter referred to as "CITY"AND The COUNTY OF ORANGE,
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a political subdivision of the State of California, hereinafter referred to as "COUNTY".
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WITNESSETH
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WHEREAS, CITY proposes to rehabilitate Bristol Street North from Campus Drive to Jamboree
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Road, hereinafter called PROJECT;
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WHEREAS, a portion of Bristol Street North lies within COUNTY's jurisdiction;
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WHEREAS, COUNTY desires to rehabilitate at the same time its portion of Bristol Street North
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within the PROJECT limits;
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WHEREAS, CITY applied and was approved for funding under the Arterial Highway
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Rehabilitation Program (AHRP);
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WHEREAS, PROJECT construction is Categorically Exempt in conformance with the 2005 CEQA
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Statues and Guidelines under Article 19, Section 15301;
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WHEREAS, CITY and COUNTY wish to define areas of responsibility for the design, construction
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and inspection of PROJECT.
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NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
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SECTION I
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CITY Shall:
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A. Be and is hereby designated as PROJECT Engineer, Contracting and Construction Agent for
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the parties to do and perform all tasks necessary in order to design and construct PROJECT in accordance
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with the approved plans, specifications and special provisions and to execute and deliver all documents
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required in connection with the construction and completion of PROJECT, including its Notice of
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Completion and Final Accounting Report.
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Agreement No. D06 -026
B. Submit PROJECT plans, specifications and special provisions to COUNTY for review and
approval by the County Engineer or his designee, hereinafter referred to as "COUNTY ENGINEER', as to
design and construction features affecting PROJECT within COUNTY limits.
C. During the period of construction, have jurisdiction and control over the PROJECT area
including that portion within the COUNTY limits for the purpose of PROJECT construction and for no
other purpose.
D. Obtain the written concurrence of COUNTY ENGINEER prior to making field decisions or
issuing PROJECT change orders affecting PROJECT's design or costs by 101/6 or greater of the
COUNTY's deposit to CITY for any portion of PROJECT within COUNTY limits.
E. Not accept improvements under the contract for PROJECT until COUNTY ENGINEER
approves, in writing, the construction as it affects the operations and maintenance of PROJECT within
COUNTY limits within five business days.
F. Furnish and deliver to COUNTY, if requested, all documents required in connection with
the construction and completion of PROJECT.
SECTION H
COUNTY Shall:
A. Review for approval by COUNTY ENGINEER the final plans, specifications and special
provisions as to design and construction features affecting the construction, operation and maintenance of
PROJECT within COUNTY limits within five business days.
B. Be responsible for the entire total cost of PROJECT construction and any approved extra
work for that portion of PROJECT construction within COUNTY limits, plus a proportionate share of the
engineering and inspection costs based on the ratio of the COUNTY's's construction costs to the total
contract construction costs and deposit the full amount of COUNTY's share of PROJECT construction and
engineering costs with CITY prior to commencement of PROJECT construction. The portion of PROJECT
within COUNTY limits shall be as COUNTY boundaries exist at the time the CITY's Council awards the
contract for PROJECT. Total costs will be determined by multiplying the awarded contract's actual bid
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Agreement No. D06 -026
1 unit price by the total number of work items within COUNTY limits. The estimated cost for COUNTY's's
2 portion of PROJECT construction cost is approximately Fifty Eight Thousand Zero Hundred Dollars
3 ($58,000.00), including engineering and inspection costs, materials testing, and construction administration
4 costs, and in no event shall the final cost to COUNTY exceed Fifty Eight Thousand Zero Hundred Dollars
5 ($58,000), plus 101/6 contingency cost without prior written approval of COUNTY. County approval for
6 any costs over and above the $58,000, plus 10% contingency costs, shall not be unreasonably withheld
7 provided that the request is supported by complete documentation of the need for and costs of such actions.
8 C. Have access to the PROJECT work area at all times during the progress of construction of
9 PROJECT
10 within COUNTY limits for the purpose of inspection and should COUNTY deem any remedial measures
11 to be necessary, COUNTY shall immediately notify CITY thereof in writing.
12 D. Review completed construction for PROJECT and give CITY approval to accept
13 improvements within COUNTY limits. Approval shall be withheld only for work not completed per the
14 approved plans and special provisions and approved extra work.
15 E. Not withhold any approval or concurrence without good cause.
16 SECTION III ...
17 PAYMENTS AND FINAL ACCOUNTING:
18 A. After CITY receives bids for PROJECT construction, COUNTY will, upon CITY's written
19 request, deposit with CITY, COUNTY's's entire share of PROJECT's construction costs based on actual
20 bid prices.
21 B. Within ninety (90) days after acceptance of the improvement under the contract by
22 CITY, CITY shall submit to COUNTY for review and approval by COUNTY ENGINEER, a Final
23 Accounting Report for PROJECT.
24 If the Final Accounting Report as approved by COUNTY ENGINEER shows that the total cost to
25 COUNTY is less than the amount deposited with CITY, CITY shall promptly reimburse COUNTY the
26 difference between the amount deposited and the actual cost. If the Final Accounting Report as approved
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Agreement No. D06 -026
by COUNTY ENGINEER shows that the total cost to COUNTY is more than the amount deposited by
COUNTY, COUNTY shall promptly reimburse CITY for the difference between the amount deposited and
the actual cost, subject to the provisions of Section H B.
SECTION IV
It is MUTUALLY UNDERSTOOD BY THE PARTIES HERETO THAT:
A. CITY assumes responsibility for the portion of the PROJECT within COUNTY limits
for the purposes of PROJECT construction and for no other purposes. Upon acceptance of the PROJECT
improvements under the contract by CITY, COUNTY shall accept ownership and responsibility for the
portion of PROJECT within COUNTY limits.
B. Pursuant to and in accordance with Section 8546.7 of the California Government Code, as
this Agreement 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 Agreement.
C. 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 delegated to CITY under this Agreement. It'is also
understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify,
defend with Counsel approved in writing by COUNTY, 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 under or in connection with any work, authority, or jurisdiction delegated to
CITY under this Agreement.
D. 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 connectioi
with any work, authority, or jurisdiction not delegated to CITY under this Agreement. It is also understood
and agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend with
Counsel approved in writing by CITY, and hold CITY harmless from any liability imposed for injury (as
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Agreement No. D06 -026
defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done
by COUNTY or in connection with any work, authority, or jurisdiction not delegated to CITY under this
Agreement.
E. The Parties agree that any agreement made by CITY for the work to be performed pursuant
to this Agreement is made and entered into for the protection and benefit of COUNTY and CITY and their
respective successors and assigns. As such, CITY agrees to identify COUNTY as third party beneficiary it
all such agreements entered into with contractors for the work performed pursuant to this Agreement.
COUNTY's's third party beneficiary rights shall include, but not be limited to COUNTY's's right of
enforcement against any contractor hired by CITY for work performed in the COUNTY'S, and COUNTY';
shall have the right to enforce any agreement between CITY and its contractors for such work.
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Agreement No. D06 -026
IN WITNESS WHEREOF, the CITY has caused this Agreement to be executed by the Mayor and attested
by its clerk, and COUNTY has caused this Agreement to be executed by its Chairman of the Board of
Supervisors and attested by its Clerk, all thereunto duly authorized by Minute Orders of the City Council
and the Board of Supervisors, respectively, on the date written opposite their signatures.
Date: 8—(6-0(0
COUNTY OF ORANGE,
a political subdivision of the State.of
California
By:
Chairman of the oard of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM:
THIS DOCUMENT HAS BEEN DELIVERED COUNTY COUNSEL
TO THE CHAIR OF THE BOARD OF
SUPERVISORS
By: By:
Darlene J. loom uty
Clerk of the Board of Supervisors of
Orange County; California
THE CITY OF NEWPORT BEACH,
A municipal corporation
D. 620 ••
ATTEST:
City Clerk of the Council
Mayor
Approved as to form:
/j SS �5�+► M City Attorney
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