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Home My WebLink About06 ANNUAL MJR. MAINT. 03-05-01'AGENDA E'% PO RT MEETING DATE MARCH 5, 2001 //~,~ .~'~ No. 06 03-05-01 TO' WILLIAM A. HUSTON, CITY MANAGER FROM' PUBLIC WORKS'DEPARTMENT/ENGINEERING DIVISION SUBJECT: APPROVAL OF COOPERATIVE AGREEMENT WITH THE CITY OF SANTA ANA FOR THE ANNUAL MAJOR MAINTENANCE PROJECT, 2000-2001 F.Y. (CIP NO. 7001) SUMMARY The proposed Cooperative Agreement between the City of Tustin and the City of Santa Ana is for Santa Ana to reimburse Tustin for their proportionate share of the work on the Annual Major Maintenance Project, 2000-2001 F.Y. (CIP NO. 7001). RECOMMENDATION It is recommended that the City Council approve the Cooperative Agreement with the City of Santa Ana and authorize the Mayor and City Clerk to execute this Cooperative Agreement, subject to approval by the City Attorney. , FISCAL IMPACT . The Cooperative Agreement stipulates that the City of Santa Ana will reimburse the City of Tustin (approximately $28,000) for their proportionate share of the work on the Annual Major Maintenance Project, 2000-2001 F.Y. The final amount reimbursed to the City will be based on actual quantities and costs for this work. BACKGROUND The Annual Major Maintenance Project, 2000-2001 F.Y. provides slurry seal on Red Hill Avenue and · McFadden Avenue. These streets have common boundaries with the City of Santa Ana. The Cooperative. Agreement commits the City of Santa Ana to reimburse the City of Tustin a final cost not to exceed $28,000 for their proportionate share of the work. Approval of Cooperative Agreement with the City of Santa Ana for the Annual Major Maintenance Project, 2000-2001 F.Y. (CIP NO. 7001) March 5, 2001 Page 2 DISCUSSION The City Council approved the award of contract to construct the Annual Major Maintenance Project, 2000-2001 F.Y. at their meeting on February 5, 2001. A letter from the City of Santa Ana has been received indicating willingness to participate in proportionate share of this.work. Santa Ana also indicated their intent to enter into this cooperative agreement. Tim D. Serlet Director of Public Works/City Engineer Keith Linker Associate Engineer Attachment: Cooperative Agreement Letter of Agreement Location Maps S:\City Council Items\01 City Council Items\Coop Agmt with SA for 7001.doc Agreement No. THIS AGREEMENT, made and'entered into this .._day of BY AND BETWEEN The CITY OF SANTA ANA, a municipal Corporation, hereinafter designated as "SANTA ANA" AND The CITY OF TUSTIN, a municipal Corporation, hereinafter designaled as "TUSTIN' W IT N E S S ET H WHEREAS, TUSTIN proposes to Slurry Seal the following streets within the following .limits: McFadden Avenue Red Hill Avenue Sr-55 to City Limit west of Mantle Lane Barranca Parkway to Warner Avenue Hereinafter referred to as PROJECT; and WHEREAS, a portion of PROJECT is within SANTA ANA limits' and WHEREAS, SANTA ANA wishes to have its portion of PROJECT improved as part of TUSTIN's contract [or PROJECT; and WHEREAS, PROJECT is included in plans dated_ . titled Annual Major Maintenance Program F.Y. 2000-2001' and WHEREAS, PROJECT is declared CATEGORICALLY EXEMPT from CEQA (14CCR15301 , (c)); and WHEREAS, TUSTIN and SANTA ANA wish to define areas of responsibility for the design, construction an0 inspection of PROJECT. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows' -1- sH,~OM oTlqncl ei~D:BO OD ~T aeS Agreement No. I. 3'USTIN SHALL: A. Be and is hereby designated as Project Engineer, Contracting and Construction Agent for the parties to cio a~nd perform all things necessan7 in order to design and construct PROJECT in accordance with the approved plans and specifications and to execute and deliver all documents required in connection with the construction and completion of said PROJECT, including its Notice of Completion and Final Accounting Report. B. Submit plans and specifications to SANTA ANA for review and approval by the City Engineer for the Ci~ of Santa Aha, or his de. signee, hereinafter referred to as "SANTA ANA CITY ENGINEER" as to d~ign and construction of features affecting PROJECT within SANTA ANA limits. C. During the period of construction, have jurisdiction over the construction area including that portion within SANTA ANA limits. D- Obtain the wri,en concurren~'~ of' sANTA ANA CITY ENGINEER prior to issuing PROJECT change orders or making field changes that affect PROJECT's design and/or costs by 10% or more of SANTA ANA's deposit to TUSTIN for any portion or portions of PROJECT within SANTA ANA limits. E. Not accept improvements under the contract for PROJECT until SANTA ANA CITY ENGINEER approves, in writing, the construction as it affects the operations and maintenance of PROJECT within SANTA ANA limits. F. Furnish and deliver to SANTA ANA, if requested, all documents required in connection with the construction and completion of PROJECT. II, SANTA ANA SHALL: A. R~view for approval by SANTA ANA CiTY ENGINEER the plans and specifications · as to design and construction features affecting the construction, operation and maintenance of the portion of PROJECT within SANTA ANA limits. B. E~e responsible for the entire total cost of construction, inspection, contract administration and any approved extra work for that portion of PROJECT construction within SANTA -2- q,e~R/.,i=,~.l.,'[/_, sH~OM o .z Iqnd ec;o :BO DO ~! WaS Agreemenl No. ANA limits, as SANTA ANA boundaries exist at the time SANTA ANA's Board of Supervisors accept improvements constructt~ undor ~ntrael for PROJECT. Said total cost will be determined by multiplying the awarded contract's aclual bid unit price by the total number of work item units within SANTA AN,& limits. The estimated cost for SANTA ANA's portion of PROJECT's construction cost is approximately ('TBD) . and in no event shall the construction cost to SANTA ANA exceed (TBD) without written approval of SAN.'rA ANA CITY ENGINEER. in the event the contract's actual bid total cost (excluding inspection and contract administration) for SANTA ANA's portion of PROJECT exceeds ~TBD)_, SANTA ANA may cancel this agreement within Ion (10) working days after bid.opening. C. At all times during the progress of construction of PROJECT within SANTA ANA limits, have access to the work thereof for the purpose of inspection and, should SANTA ANA deem any remedial measures to be necessary, SANTA ANA shall notify TUSTIN thereof. D. Review completed construction for PROJECT and give TUSTIN approval to accept improvements within SANTA ANA limits. Approval shall be withheld only for work not completed per the approved plans and specifications and approved extra work. E. Not withhold any approval or concurrence without good cause. ill. PAYMENTS AND FINAL ACCOUNTING; A. After TUSTIN receives bids for PROJECT construction, SANTA ANA will, upon TUSTIN's request, deposit with TUSTIN, SANTA ANA's share of PROJECT's construction costs. bas~ on actual bid prices. B. Within ninety (90) days after acceptance of the improvement under this contract by TUSTIN, TUSTIN shall submit Io SANTA ANA for review and approval by SANTA ANA CITY ENGINEER, a Final Accounting Report for PROJECT. If said Final Accounting Report as approved by SANTA ANA ENGINEER shows that that the total cost to SANTA ANA is less than the amount deposited with TUSTIN, TUSTIN shall promptly reimburse SANTA ANA the difference between the amount deposited and the actual cost. If ' -3- . -el 't, EE/...~9,t, I6 ..... s:'4JOM oz. Iqncl ec;O:BO OD El; c~S Agreement No. --. said Final Accounting Report as approved by SANTA ANA CITY ENGINEER shows that the actual cost to SANTA ANA is more than the amount deposited by SANTA ANA, SANTA ANA shall promptly reimburse TUSTIN for the d'rffemnce between the amount deposited and the actual cost, subject to the limitations of Section I! B. IV. IT IS MUTUALLY UNDERSTOOD AND AGREED: A. Upon acceptance of the improvements under the contract by TUSTiN, SANTA ANA shall accept maintenance responsibility for the portion of PROJECT within SANTA ANA limits. B. Pursuant to and in accordance with Section 10532 of the California Government Code, in the event that this contract involves expenditures of State funds aggregating :n excess of Ten Thousand Dollars ($10,000.00), the parties shall be subject to the examination and audit of the Auditor General ef the State of California for a period of three (3) years after final payment under this Contract. C. That neither SANTA ANA 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 TUSTIN under or in connection with any work, authority, or jui'isdiction delegated to TUSTIN under this agreement. It is also understood and agreed that, pursuant to Govemment Code Section B95.4, TUSTIN shall fully indemnify, defend, and hold SANTA ANA harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by rea, son of anything done or omitted to be done by TUSTIN under or in connection with any work, authority, or jurisdiction , , delegated to TUSTIN under this agreement. D. That neither TUSTIN nor any officer or employee thereof shall be responsible for any damage or liabiiity occurring by reason of anything done or omitted to be done by SANTA ANA under or in connection with any work, authority, or jurisdiction not delegated to TUSTIN under this agreement. It is also understood and'agreed that pursuant to Government Code Section 895.4, SANTA ANA shall fully indemnify, defend and hold TUSTIN harmless from any liability imposed for · . B'd S~ESL~B~IL s~Jo~ o~.Iqnd eSO:BO OD ~'[ daS Agreement N~. injury (as defined by Government Code Section 810.8) occurring Dy reason of anything done or omilted to) be done by SANTA ANA or in connection with any, authority, or jurisdiction not delegated to TUSTIN under th~s agreement. IN WITNESS WHEREOF, TUSTtN has caused this agreement to be. executed by its Mayor. and attested by its Clerk, and SANTA ANA has caused this agreement to be executed by the Chairman of its Board of Supervisors and attested to by ils Clerk. all thereunto duly authorized by the TUSTIN Council and the Board of Supervisors, respectively. CITY OF SANTA ANA A Municipal Corporation Da[ed: ~'., 20__. By: ATTEST: Mayor APPROVED AS TO FORM: Clerk of the Council By: SANA ANA Attorney CITY OF TUSTIN A Municipal Corporation Dated: ....... 20._ By:. ATTEST: Mayor APPROVED AS TO FORM: C~ierk 6f the ~,ou'n'cil By:, __ ~US~'IN AtiornCy -5,- ~gEEL~,BgIL S>lJOM oTIqncl e'SO:BO OD EI '::I~S MAYOR Miguel A. Pulido MAYOR PRO TEM Patdcia A. McGuigan COUNCILMEMBERS .Claudia C. Alvarez Lisa Bist Alberta D. Christy Brett Franklin Jose Solodo CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza, M-21 Post Office Box 1988 Santa Ana, Califomia 92702 December 11, 2000 Mr. Tim D. Serlet Director of Public Works/City Engineer . City of Tustin 300 Centennial Way Tustin, CA 92780 CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher . CLERK OF THE COUNCIL Patdcia E. Healy i' o,IN PUBLIC WORKS DEPT.! SUBJECT' COOPERATIVE AGREElV~NT FOR PAVING STREETS WITHIN THE CITY OF SANTA ANA LIMITS Dear Mr. Serlet' This is in response to your letter dated October 23, 2000, regarding construction of your Annual Major Maintenance Progrmn, per your letter, part of McFadden and Redhill Avenues which are within the City of Santa Ana boundaries are proposed to be paved as part of this program. The City of Santa Ana agrees to fund its portions of the two streets for an mount not to exceed $24,000. Please note, the Pavement Improvement strategy must be reviewed by my staff' prior to bidding. We have received a draf~ copy of the cooperative agreement from your staff. It was forwarded to our City Attorney's office for review and we will notify you of any commems. If you have any questions, please call me at (714) 647-5659. Sincerely, George Alvarez, P.E. City Engineer K:\Traffic~tters\George\ga Serlet ltr RE Agmt for Paving 12 11 00.doc ' SCALE: NONE CITY OF SANTA ANA EC)IN~R~ A~NU~ // ,~. ,,'; (( ~. ,,,, .,% ,hvr ,,~ >2. (FO R M Et~/YL_~_AR I N E CO~ .. i: "..', .,? '%.., 4~'R ~) c(J "% lIE '.~.../' ,,,'~ ;; LOCATIONS OF ,, ""' WORK IN SANTA ANA // '%.// ·