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Home My WebLink AboutResolution 1983 - 0050RESOLUTION NO.83—50—7 APPROVING REIMBURSEMENT AGREEMENT (MASTER PLAN)WITH CITY OF ORANGE RE TUSTIN-ORANGE TRUNK SEWER,REACH 19 A RESOLUTION OF THE BOARD OF DIR~TORS OF COUNTY SANITATION DISTRICT NO.•7 OF ORANGE COUNTY,CALIFORNA,APPROVING AND AUTHORIZING EX~UTION OF SEWERAGE FACILITY REIMBURSEMENT AGREEMENT (MASTER PLAN)WITH THE CITY OF ORANGE RE TUSTIN-ORANGE TRUNK SEWER,REACH 19 The Board of Directors of County Sanitation District No.7 of Orange County, California, DOES HEREBY RESOLVE,DETERMINE AND ORDER: Section 1 That the certain Sewerage Facility Reimbursement Agreement dated April 13,1983,between County Sanitation District No.7 of Orange County and the City of Orange,providing for reimbursement by the District for construction of the Tustin—Orange Trunk Sewer,Reach 19,from Handy Creek to Newport Boulevard, required to serve the Rancho Santiago Community College,is hereby approved and accepted;and, Section 2 That the Chairman and the Secretary of the District are hereby authorized and directed to execute said agreement on behalf of the District in form approved by the General Counsel;and, Section 3 That reimbursement to the City for actual cost,including design,inspection,surveying and administration,in an amount not to exceed $70,000.00,is hereby authorized to be made in accordance with the terms and conditions of said Reimbursement Agreement,attached hereto as Exhibit “A~and made a part of this resolution. PASSED AND ADOTPED at a regular meeting held April 13,1983. a AGREEMENT THIS AGREEMENT is made and entered into this 13th day of April ,1983,by and between: COUNTY SANITATION DISTRICT NO.7 OF ORANGE COUNTY,CALIFORNIA,hereinafter referred to as “District”; AND CITY OF ORANGE,a municipal corporation of the State of California,hereinafter referred to as “City”. RECITALS WHEREAS,District has developed a Master Plan of Sewer Facilities designed for the collection of wastewater from the area within District No.7 of the County Sanitation Districts of Orange County,California;and WHEREAS,said Master Plan of Sewer Facilities includes the Chapman Avenue Sewer Line to be constructed on Chapman Avenue between Handy Creek Road to Newport Boulevard,hereinafter referred to as “Project”;and WHEREAS,the area encompassed within District is comprised solely of the City of Orange and certain unincorporated terri tory;and WHEREAS,City has determined that it is in the best interests to immediately construct Project in order to serve the immediate needs of the residents of City;and WHEREAS,City proposes to develop plans and specifications for the construction of Project which shall meet the standard specifications required of District;and EXHIBIT A-i WHEREAS,the parties desire to set forth their respective rights and obligations concerning the design and construction of Project. NOW,THEREFORE,the parties hereto agree: 1.Project Design City shall design or cause to have designed “Project”,to be installed on Chapman Avenue from Handy Creek Road to Newport Boulevard,all in the City of Orange. City shall insure that the Project will be complete and avail able for use by July 1,1983. 2.Right of Review District’s Chief Engineer shall have the right to review the plans,specifications,and contract documents of Project prior to the issuance of any notice inviting bids. 3.City’s Responsibilities City shall be solely responsi—. ble for the preparation and award of a contractpursuant to public bid requirements.Towards this end,City shall be respon sible for the preparation of all legal documents,including the notice inviting bids,instructions to bidders,and the related construction agreements with surety bonds and insurance certificates.City shall be solely responsible for the adminis tration and performance of the contract awarded to a contractor for the installation of said sewer line.The City,at its discretion,may negotiate with the sewer contractor engaged to complete sewer line improvements for the Orange Canyon Village Shopping Center or may award a separate competitive contract for the Project depending upon most cost effective —2— EXHIBIT A-2 alternatives.If the City engages the contractor f or the Orange Canyon Village Shopping Center,District shall pay the cost difference between the construction of an 8-inch trunk sewer line required for the approval by City of the Orange Canyon Village Shopping Center and the 18-inch V.C.P.trunk sewer line required,f or its needs,by the District.However,in no event shall the cost of the difference between the two lines exceed the cost limits,specified in this agreement. 4.Project Cost The parties agree that the preliminary estimate for the construction cost of Project in accordance with District specifications is Fifty Thousand ($50,000.00) Dollars. 5.Cost Estimate Exceeded In the event the sealed bids submitted by contractors for construction of Project as designed and approved exceed the preliminary estimate bya sum greater than 10%,City shall not be empowered to award said contract and bind District hereunder without the prior written consent of District. 6.Environmental Impact Report As the lead agency for the preparation and award of contract and the construction of Project,City shall be solely responsible for the processing of environmental impact studies and reports and to be respon sible for full compliance with the provisions of the California Environmental Quality Act. 7.Payments to Contractor City will be solely responsible for payment of the contract award to the contractor.Said payments are to be made out of the City’s Sanitary sewer fund. —3-. EXHIBIT A-3 8.Change Orders District’s Chief Engineer’s approval shall be obtained f or all Change Orders.Change Orders issued without said approval shall not be eligibfe for reimbursement from District. 9.City’s Cost Within thirty (30)days after acceptance of the Project by City,City shall present to District an itemized invoice setting forth the final contract costs.Said costs shall include the total amount paid to the construction contractor,together with the following: A.Survey,inspection and environmental impact re port preparation costs based upon actual charges,but not to exceed.a maximum of 5%of the final construction contract amount;and B.Actual consultant engineering fees.. For purposes of determining costs,costs shall include actual expenses arid wages,plus benefits and shall exclude other over head charges.The engineering is to be done by the City. 10.Ownership Upon completion of the construction and acceptance of the work by City,but prior to payment of any costs by District,City shall execute all necessary legal in struments to convey full title of ownership to District of Project constructed pursuant to this agreement.District shall succeed to all legal rights of City pursuant to the construc tion agreement,including the warranty and surety provisions provided for in the construction agreement.District agrees to accept maintenance of the project upon satisfactory com pletion of construction. —4— EXHIBIT A-4 11.Payment by District District agrees to pay to C.~ty, in consideration for City’s conveying full legal title to tne improvements,an amount equal to the final contract costs as defined in~Paragraph 9 above.Payment to City shall be made from District’s collection of sewer connection charges as es tablished by ordinance or resolution of District.District shall pay the total sum to City within thirty (30)days after receipt of invoice from City.No interest shall be paid by District on the principal amount of the obligation. 12.Hold Harmless City shall save and hold District harmless from any or all claims or causes of action for injury to persons,including death or damage to property resulting from or which may arise by reason of any dangerous or defective condition of equipment or other improvements installed or con structed by City on property owned by District,or failure to maintain said equipment and improvements installed or ccn— structed by City in a safe condition or which might arise from activities supervised by employees of City or District until such time as ownership passes to the District. 13.Insurance City shall require the construction contractor to maintain a policy of public liability insurance for personal injury and property damage,including motor vehicle operations,during all times of the contract.Said policy shall name the District,its officers,agents,and employees as additional insureds thereon. —5— EXHIBIT A-5 IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and year first above written. ATTEST: COUNTY SANITATION DISTRICT NO.7 OF •ORANGE COUNTY,.CAL FORNIA ~By k~rnan,3oad~~ectors By~ Secretary,Board of Directors CITY OF ORANGE,a municipal corporation By Mayor City Clerk APPROVED AS TO FORM: City Attorney TLW:pj 04/07/83 04/13/83 04/20/8 3 EXHIBIT A-6 —6— STATE OF CALIFORNIA) SS. COUNTY OF ORANGE I,WILLIAM H.BUTLER,Secretary of the Board of Directors of County Sanitation District No.7 of Orange County,California,do hereby certify that the foregoing Resolution No.83—50—7 was passed and adopted at a regular meeting of said Board on the 13th day of April,1983,by the following vote, to wit: AYES:Richard B.Edgar (Chairman),Evelyn Hart,Robert W. Luxembourger,Don E.Smith,Bill Vardoulis,James Wahner, Harriett M.Wieder NOES:None ABSENT:None IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.7 of Orange County,California,this 13th day of April,1983. William H.Butler,Secretary •Board of Directors of County Sanitation District No.7 of Orange County,California