Loading...
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 27 28 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 27 28 2 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 27 28 3 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 27 28 4 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 27 28 5 (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 27 6 28 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 27 28 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 27 28 8 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 27 28 9 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 26 /// 27 28 to 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 /// /// /// 11