Project 129 - Contract - City of Newport Beach - 1997-01-14 c gsl)
1 This Agreement numbered D96 162 entered into this /i C day of 1997
2 BY AND BETWEEN
3 ORANGE COUNTY DEVELOPMENT AGENCY
hereinafter referred to as "OCDA
4 AND COSTA MESA SANITARY DISTRICT
5 hereinafter referred to as CMSD"
6 AND CITY OF NEWPORT BEACH
hereinafter referred to as CNB
7 R E C I T A L S
8
9 WHEREAS OCDA desires to redevelop the Santa Ana Heights Community
10 including the South Bristol Flow Reversal and Area 2 outfall sewer
11 improvements set forth in the BSI report titled Santa Ana Heights
12 Redevelopment Project Area Comprehensive Infrastructure Improvement Plan
13 dated April 23 1990 hereinafter referred to as "PLAN" and
14 WHEREAS PLAN indicates the need to design and construct a new
15 sanitary sewer pump station 8 inch diameter force main (pressure flow) across
16 the Birch Street Bridge and a 15 inch diameter gravity sewer main along Birch
17 Street (within the City of Newport Beach) to MacArthur Boulevard to
18 interconnect with the County Sanitation Districts of Orange County (CSDOC) Von
19 Karman Trunk Sewer Main to mitigate OCDA s proposed redevelopment of the Santa
20 Ana Heights area and its impact to CMSD existing facilities and
21 WHEREAS PLAN indicates that the design and construction of a flow
22 reversal to the sewer line along South Bristol Street between Irvine Avenue
23 and Birch Street will be needed to relieve CMSD s Tustin Avenue Pumping
24 Station from excessive flows caused by OCDA s proposed redevelopment and have
25 the conveyance of sewage flow by gravity to the new pump station and
26 WHEREAS CNB desires that all infrastructure improvements constructed
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within the Santa Ana Heights redevelopment area be constructed to meet CNB
1 construction and design standards due to the possibility that CNB may in the
2 future annex the redevelopment area or portions thereof and
3 WHEREAS OCDA, CMSD and CNB desire to cooperate in the design and
4 construction of the aforementioned improvements as set forth in the PLAN
5 hereinafter referred to as PROJECT'
6
7 A G R E E M E N T
8
9 NOW THEREFORE IT IS MUTUALLY AGREED by and between OCDA, CMSD and
10 CNB as follows
11
12 I PART 1 AREA 2 OUTFALL AND BRISTOL STREET FLOW REVERSAL
13 A PLANS SPECIFICATIONS AND ENGINEER S ESTIMATE
14 1 CMSD agrees to prepare or cause to be prepared Plans
15 Specifications and Estimates hereinafter referred to as PS&E
16 for the PROJECT in accordance with CNB standards where feasible
17 due to the possible future annexation of the Santa Ana Heights
18 area by CNB
19 2 CMSD agrees to hold a PROJECT concept design meeting prior to
20 preparation of PS&E to ensure agreement between CMSD CNB and
21 OCDA of PROJECT direction
22 3 CMSD agrees to complete PROJECT design(s) nine (9) months after
23 execution of this AGREEMENT and to begin construction of PROJECT
24 as soon as possible thereafter
25 4 CMSD agrees to coordinate PROJECT design and construction with
26 CNB s Birch Street Bridge Widening OCDA s Mesa Birch
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Re-alignment Orange County Water District s (OCWD) Green Acres
1 project and CSDOC for sewer interconnect where feasible
2 5 CMSD agrees to provide three sets of PS&E to OCDA and CNB at the
3 80% completion point of the design process and the 100%
4 completion point of the design process for review and approval by
5 the CNB City Engineer or his appointed agent and/or designee and
6 County of Orange Director of Public Works or his appointed agent
7 and/or designee hereinafter referred to as 'DIRECTOR for
8 conformance with the PLAN and CNB sewer facility standards prior
9 to advertisement for bid
10 6 OCDA and CNB agree to review and approve all PS&E for the PROJECT
11 prior to advertisement for bid, to verify conformity with the PLAN
12 and CNB standards
13 7 CMSD agrees to obtain all necessary permits for the design and
14 construction of the project including all permits required in
15 connecting the gravity sewer line to CSDOC s Von Karman Trunk
16 Sewer at Birch Street and MacArthur Avenue and any permits
17 required for the construction and operation of the new sanitary
18 sewer pump station
19 8 CNB agrees to assist CMSD in obtaining CalTrans Permits for the
20 Birch Street overcrossing of the force main (if required) and to
21 incorporate any portions of PROJECT into CNB s Birch Street Bridge
22 Widening Project over the Corona Del Mar (73) Freeway where
23 feasible
24 9 OCDA agrees to assist CNB and CMSD in obtaining all necessary
25 County Public Property Permits for the design and construction of
26 the project if required
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10 OCDA agrees to reimburse CMSD for the cost of PS&E of PROJECT as
1 set forth in the PLAN not to exceed $225 000
2 11 Upon receipt of invoicing OCDA agrees to pay CMSD for PS&E by
3 invoiced progress on a monthly basis within sixty (60) calendar
4 days All invoicing shall be subject to approval for payment by
5 OCDA in accordance with the progress of the PROJECT All
6 invoicing shall include the project title agreement number
7 work-order number (to be supplied by OCDA) names of staff
8 involved level of staff involved number of hours involved and
9 dates work was accomplished, and not to exceed ninety percent
10 (90,90 of the entire PROJECT
11 12 OCDA agrees to make final payment of the remaining ten percent
12 (10W) within sixty (60) calendar days to CMSD after the submittal
13 and approval by CMSD and OCDA of a Final Accounting Report which
14 shall contain a certification signed by CMSD and the DIRECTOR or
15 his designee that all expenditures and tasks applicable to the
16 PROJECT have been completed, and that all invoices and warrants on
17 file with CMSD have been made available to OCDA for its review and
18 approval
19 B ADVERTISEMENT FOR BIDS AND CONSTRUCTION
20 1 After approval of PROJECT by OCDA and CNB CMSD agrees to
21 advertise PROJECT for public bid(s) and award PROJECT contract (s)
22 to the lowest responsible bidder(s) not to exceed a cost of
23 $2 250 000 hereinafter referred to as 'CONSTRUCTION CONTRACT(S)
24 2 After verification by CMSD staff that contractor s bid quantities
25 have been properly incorporated into PROJECT CMSD agrees to
26 submit all construction contractor s invoice (s) to OCDA by the
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20th of each month during the construction phase (s)
1 3 OCDA agrees to pay each monthly invoice to CMSD for disbursement
2 to the contractor within thirty (30) calendar days after receipt
3 of contractor s invoice from CMSD
4 4 All parties agree that CONSTRUCTION CONTRACT(S) change orders for
5 payment by OCDA shall be reviewed and approved by the DIRECTOR
6 prior to implementation by the contractor(s) OCDA reserves the
7 right to deny payment of any CONSTRUCTION CONTRACT(S) change order
8 performed without DIRECTOR approval
9 C CONSTRUCTION ADMINISTRATION AND INSPECTION
10 1 CMSD agrees to administrate and inspect CONSTRUCTION CONTRACT(S)
11 during the construction phase (s) for conformance with CMSD s PS&E
12 2 OCDA agrees to reimburse CMSD for the cost of construction
13 administration and construction inspection of CONSTRUCTION
14 CONTRACT(S) as set forth in the PLAN not to exceed $225 000
15 3 Upon receipt of invoicing OCDA agrees to pay CMSD for
16 construction administration and construction inspection by
17 invoiced progress payments on a monthly basis each payment by
18 OCDA shall be made within sixty (60) calendar days of receipt of
19 invoice from CMSD All invoicing shall be subject to approval for
20 payment by OCDA in accordance with the progress of the
21 CONSTRUCTION CONTRACT(S) All invoicing shall include the
22 project title agreement number work-order number (to be supplied
23 by OCDA) names of staff involved, level of staff involved number
24 of hours involved and dates work was accomplished, and not to
25 exceed ninety percent (90%) of the entire PROJECT
26 4 OCDA agrees to make final payment of the remaining ten percent
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(10%) within sixty (60) calendar days to CMSD after the submittal
1 and approval by CMSD and OCDA of a Final Accounting Report which
2 shall contain a certification signed by CMSD and the DIRECTOR or
3 his designee that all expenditures and tasks applicable to the
4 PROJECT have been completed, and that all invoices and warrants on
5 file with CMSD have been made available to OCDA for its review and
6 approval
7 II PART 2 8 FORCE MAIN
8 A. PLANS SPECIFICATIONS AND ENGINEER S ESTIMATE
9 1 CNB agrees to design 8 force main as identified in PLAN
10 2 CMSD agrees to provide CNB with design criteria for eight inch
11 (8 ) force main and CNB agrees to include force main in its
12 construction plans and specifications for the construction
13 contract for the widening of Birch Street over the Corona Del Mar
14 (73) Freeway
15 3 OCDA and CMSD agree to approve design for eight inch (8 ) force
16 main prior to advertisement for bids
17 4 OCDA agrees to reimburse CNB for design costs incurred for
18 inclusion of eight inch (8 ) force main in CNB s Birch Street
19 Bridge Widening project not to exceed $11 000
20 5 Upon completion of design and advertisement for bids for the
21 bridge widening project CNB agrees to submit an invoice to OCDA
22 for reimbursement of design costs Upon receipt of the invoice
23 and upon review verification and approval of invoice by OCDA,
24 OCDA agrees to reimburse CNB within sixty (60) calendar days
25 B ADVERTISEMENT FOR BIDS AND CONSTRUCTION
26 1 CNB agrees to include in its advertisement for bids for the
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widening of Birch Street over the Corona Del Mar (73) Freeway the
1 eight inch (8 ) force main as identified in PLAN
2 2 Upon completion of construction of the eight inch (8 ) force main
3 through the bridge CNB agrees to submit an invoice to OCDA for
4 reimbursement of costs incurred by CNB in conjunction with the
5 construction work for this improvement OCDA agrees to reimburse
6 CNB in an amount not to exceed $170 000 (not including OCDA
7 approved construction contract change orders) for these costs
8 3 Upon receipt of the invoice and upon review verification, and
9 approval of invoice by OCDA, OCDA agrees to reimburse CNB within
10 sixty (60) calendar days
11 4 CNB agrees that all construction contract change orders associated
12 with the 8 force main shall be approved by the DIRECTOR in
13 advance and prior to any work performed by the contractor
14 III PART 3 BRISTOL STREET LEFT HAND TURN LANE
15 A PS&E AND CONSTRUCTION
16 1 CNB agrees to include in its construction contract for the
17 widening of Birch Street over the Corona Del Mar (73) Freeway the
18 construction of a left hand turning lane for South Bristol Street
19 2 OCDA agrees to provide CNB with design of the left hand turning
20 lane
21 3 Upon completion of construction of the turning lane CNB agrees to
22 submit an invoice to OCDA for reimbursement of costs incurred by
23 CNB in conjunction with the construction work for this
24 improvement OCDA agrees to reimburse CNB in an amount not to
25 exceed $50 000 (not including OCDA approved construction contract
26 change orders) for these costs
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4 Upon receipt of the invoice and upon review verification and
1 approval of invoice by OCDA, OCDA agrees to reimburse CNB within
2 sixty (60) calendar days
3 5 CNB agrees that all construction contract change orders associated
4 with the South Bristol left hand turning lane shall be approved by
5I the DIRECTOR in advance and prior to any work performed by the
6 contractor
7 IV PART 4 AGREEMENT TO HOLD HARMLESS
8 A OCDA
9 1 As a condition of the financial support furnished by OCDA pursuant
10 to this agreement CNB agrees to indemnify defend and save
11 harmless OCDA and the County of Orange their officers and
12 employees from and against any and all claims demands losses
13 defense costs or liability of any kind or nature which may be
14 imposed upon them for injury to or death of persons or damages to
15 property as a result of arising out of or caused by CNB s
16 intentional or negligent acts or omissions in performance of this
17 Agreement
18 2 As a condition of the financial support furnished by OCDA pursuant
19 to this agreement CMSD agrees to indemnify defend and save
20 harmless OCDA and the County of Orange their officers and
21 employees from and against any and all claims demands losses
22 defense costs or liability of any kind or nature which may be
23 imposed upon them for injury to or death of persons or damages to
24 property as a result of arising out of or caused by CMSD s
25 intentional or negligent acts or omissions in performance of this
26 Agreement
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3 That neither OCDA nor any officer or employee thereof shall be
1 responsible for any damage to liability occurring by reason of
2 anything done or omitted by CNB under this agreement It is also
3 understood and agreed that pursuant to Government Code Section
4 895 4 CNB shall fully indemnify defend and hold OCDA harmless
5 from any liability imposed for injury (as defined by Government
6 Code section 810 8) occurring by reason of anything done or
7 omitted to be done by CNB under this agreement
8 4 That neither OCDA nor any officer or employee thereof shall be
9 responsible for any damage to liability occurring by reason of
10 anything done or omitted by CMSD under this agreement It is also
11 understood and agreed that pursuant to Government Code Section
12 895 4 CMSD shall fully indemnify defend, and hold OCDA harmless
13 from any liability imposed for injury (as defined by Government
14 Code section 810 8) occurring by reason of anything done or
15 omitted to be done by CMSD under this agreement
16 B CNB AND CMSD
17 1 That neither CNB nor any officer or employee thereof shall be
18 responsible for any damage or liability by reason of anything done
19 to omitted to be done by OCDA under or in connection with any
20 work authority or jurisdiction not delegated to CNB under this
21 agreement It is also understood and agreed that pursuant to
22 Government Code Section 895 4 OCDA shall fully indemnify defend,
23 and hold harmless CNB from any liability imposed for injury (as
24 defined by Government Code Section 810 8) occurring by reason of
25 anything done or omitted to be done by OCDA under this agreement
26 2 That neither CMSD nor any officer or employee thereof shall be
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responsible for any damage or liability by reason of anything done
1 to omitted to be done by OCDA under or in connection with any
2 work authority or jurisdiction not delegated to CMSD under this
3 agreement It is also understood and agreed that pursuant to
4 Government Code Section 895 4 OCDA shall fully indemnify defend,
5 and hold harmless CMSD from any liability imposed for injury (as
6 defined by Government Code Section 810 8) occurring by reason of
7 anything done or omitted to be done by OCDA under this agreement
8 3 That neither CMSD nor any officer or employee thereof shall be
9 responsible for any damage or liability by reason of anything done
10 to omitted to be done by CNB under or in connection with any
11 work authority or jurisdiction not delegated to CMSD under this
12 agreement It is also understood and agreed that pursuant to
13 Government Code Section 895 4 CNB shall fully indemnify defend,
14 and hold harmless from any liability imposed for injury (as
15 defined by Government Code Section 810 8) occurring by reason of
16 anything done or omitted to be done by CNB under this agreement
17 4 That neither CNB nor any officer or employee thereof shall be
18 responsible for any damage or liability by reason of anything done
19 to omitted to be done by CMSD under or in connection with any
20 work authority or jurisdiction not delegated to CNB under this
21 agreement It is also understood and agreed that pursuant to
22 Government Code Section 895 4 CMSD shall fully indemnify defend,
23 and hold harmless from any liability imposed for injury (as
24 defined by Government Code Section 810 8) occurring by reason of
25 anything done or omitted to be done by CMSD under this agreement
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IN WITNESS WHEREOF the parties hereto have caused this agreement to
be executed by their officers thereunto duly authorized on the date first
written above
ORANGE COUNTY DEVELOPMENT AGENCY
F- ( -,
Dated
JAN 1 4 1997 By
i--� ,
Chairman
CITY OF NEWPORT BEACH
Dated ' 7 '9 By
2,1-7-(--- Mayor
By
City Attorn'y
COSTA MESA SANITARY DISTRICT
Dated IL.-IC `7(o B. ' . .v... /.1.44,//.
James M Ferryman ;resident
SIGNED AND CERTIFIED THAT A APPROVED AS TO FORM
COPY OF TT`.IS DOCUMENT HAS LAURENCE M WATSON
BEEN DELIVERED TO THE COUNTY COUNSEL
CHAIMAN OF THE BOARD ORANGE COUNTY CALIFORNIA
ATM A 1 �_. r_h70 r An.-
Darlene J Bloom, ' Dated y - --g G
Clerk of the Board of Supervisors
of Orange County :alifornia
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