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HomeMy WebLinkAbout07 MJR. MAINT. 2000/01 03-05-01AGENDA PORT No. 07 '03-05-01 MEETING DATE TO: FROM' SUBJECT: MARCH 5, 2001 WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION APPROVAL OF COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE 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 County of Orange is for the County to reimburse the City 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. County of Orange and authorize the Mayor and City Clerk to execute this Cooperative Agreement, subsequent to approval by the County Board of Supervisors. FISCAL IMPACT The Cooperative Agreement stipulates that the County of Orange will reimburse the City of Tustin (approximately $32,400) 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 asphalt overlay on Wass Street and slurry seal on Warren Avenue, Red Hill Avenue, Melvin Way, and Browning Avenue. These streets have common boundaries with the County of Orange. The Cooperative Agreement commits the County of Orange to reimburse the City of Tustin a final cost not to exceed $32,400 for their proportionate share of the work. Approval of Cooperative Agreement with the County of Orange for the Annual Major Maintenance Project, 2000-2001 F.Y. (ClP 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 of agreement had already been signed by the County indicating willingness to participate in proportionate share of this work. in this letter the County also indicated their intent to enter into this cooperative agreement. The City Attorney has reviewed this agreement and approved as to procedure and form. Tim D. Serlet Director of Public Works/City Engineer Keith Linker Associate Engineer Attachments: Cooperative Agreement Letter of Agreement Location Exhibits S:\City Council Items\01 City Council Items\Coop Agmt with OC for 7001.doc Agreement No. AGREEMENT AND THIS AGREEMENT, for purposes of identification hereby dated the of ,20 , is day BY AND BETWEEN The COUNTY OF ORANGE, a political Subdivision of the State of California, hereinafter designated as "COUNTY" The CITY OF TUSTIN, a municipal Corporation, hereinafter designated as "CITY" WITN E S SETH limits: WHEREAS, CITY proposes to Asphalt Overlay the following street within the following Wass Street Newport Avenue to Charloma Drive limits: WHEREAS, CITY proposes to Slurry Seal the following streets within the following Warren Avenue Red Hill Avenue Melvin Way Browning Avenue Newport Avenue to Holt Avenue County Limit at Melvin Way to Irvine Boulevard County Limit at Dean Street to Red Hill Avenue County Limit at Red Mill.Circle to Irvine Boulevard Hereinafter referred to as PROJECT; and WHEREAS, a portion of PROJECT is within COUNTY limits; and WHEREAS, COUNTY wishes to have its portion of PROJECT improved as part of CITY's contract for PROJECT; and -1- Agreement No. WHEREAS, PROJECT is included in plans dated December 2000, titled Annual Major Maintenance Program F.Y. 2000-2001; and WHEREAS, PROJECT is declared CATEGORICALLY EXEMPT from CEQA (14CCR15301 (c)); and WHEREAS, CITY and COUNTY wish to define areas of responsibility for the design, construction and inspection of PROJECT. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows' !. CITY SHALL' A. Be and is hereby designated as Project Engineer, Contracting and Construction Agent for the parties to do and perform all things necessary 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 COUNTY for review and approval by the County Engineer or his designee, hereinafter referred to as "COUNTY ENGINEER", as to design and construction of features affecting PROJECT within COUNTY limits. C. During the period of construction, have jurisdiction over the construction area including that portion within COUNTY limits. D. Obtain the written concurrence of COUNTY ENGINEER prior to issuing PROJECT change orders or making field changes that affect PROJECT's design and/or costs by 10% or more of COUNTY's deposit to CITY for any portion or portions of PROJECT within COUNTY limits. -2- Agreement No. 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. F. Furnish and deliver to COUNTY, if requested, all documents required in connection with the construction and completion of PROJECT. il. COUNTY SHALL' A. Review for approval by COUNTY ENGINEER the plans and specifications as to design and construction features affecting the construction,, operation and maintenance of the portion of PROJECT within COUNTY limits. B. Be responsible for the entire total cost of construction and any approved , extra work for that portion of PROJECT construction within COUNTY limits, plus a proportionate share of the inspection and contract administration costs based upon the ratio of COUNTY's construction costs to the total contract construction costs. The portion of PROJECT within COUNTY limits shall be as COUNTY boundaries exist at the time the CITY's Council accepts improvements constructed under the contract for PROJECT. Said total cost will be determined by multiplying the awarded contract's actual bid unit price by the total number of work item units within COUNTY limits. The estimated cost for COUNTY's portion of PROJECT's construction cost is approximately $29,400.00, including inspection and contract administration costs, and' in no event shall the final cost to COUNTY exceed $32,400.00 without written approval of COUNTY ENGINEER. In the event the contract's actual bid total cost (excluding inspection and contract administration) for COUNTY's portion of PROJECT exceeds $30,800.00, COUNTY may cancel this agreement within ten (10) working days following notification by CITY and after bid opening. -3- Agreement No. C. At all times during the progress of construction of PROJECT within COUNTY limits, have access to the work thereof for the purpose of inspection and, should COUNTY deem any remedial measures to be necessary, COUNTY shall notify CITY thereof. D. Review completed construction for PROJECT and give CITY approval to accept improvements within COUNTY 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. Iii. PAYMENTS AND FINAL ACCOUNTING' A. After CITY receives bids for PROJECT construction, COUNTY will, upon CITY's request, deposit with CITY, COUNTY's share of PROJECT's construction costs based on actual bid prices. B. Within ninety (90) days after acceptance of the improvement under this contract by CITY, CITY shall submit to the COUNTY for review and prior written approval by COUNTY ENGINEER, a Final Accounting Report for PROJECT. If said Final Accounting Report as approved by COUNTY ENGINEER shows that the total cost to COUNTY is less than the amount deposited with CITY, CITY shall promptly reimburse COUNTY the difference between the amount deposited and the actual cost. If said Final Accounting Report as approved by COUNTY ENGINEER shows that the actual 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 limitations of Section Ii B. -4- Agreement No. IV. IT IS MUTUALLY UNDERSTOOD AND AGREED' A. Upon acceptance of the improvements under the contract by CITY, C'OUNTY shall accept maintenance responsibility for the portion of PROJECT within COUNTY 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 in excess of Ten Thousand Dollars ($10,000.00), 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 Contract. 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, and hold COUNTY harmless from any claims, complaints, actions, cause of action of judgements relating to liability imposed, or sought to be 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 connection 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 and hold CITY harmless from -5- Agreement No. 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 COUNTY or in connection with any, 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 a third party beneficiary in all such agreements entered into with contractors for the work to be performed pursuant to this Agreement. COUNTY's third party beneficiary rights shall include, but not be limited to COUNTY's right of enforcement against any contractor hired by CITY for work performed in the COUNTY, and COUNTY shall have the right of action to enforce any agreement between CITY and its contractors for such work. -6- Agreement No. IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed by the Chairman of its Board of Supervisors and attested to by its Clerk, all thereunto duly authorized by the City Council and the Board of Supervisors, respectively. COUNTY OF ORANGE A political subdivision California of the State of Dated: ,20 By: Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF ORANGE COUNTY, CALIFORNIA THE BOARD APPROVED AS TO FORM: LAWRENCE M. WATSON, COUNTY COUNSEL Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California By: Date CITY OF TUSTIN A Municipal Corporation Dated: ,20 By: ATTEST: Mayor APPROVED AS TO FORM: City Clerk. By: City Attorney -7- Public Works / Engineering . November 17, 2000 County of Orange Public Facilities and Resources Department Operations and Maintenance 10852 DotCg!ass Road, Anaheim, CA 92806 · '"'$TIN PUBLIC V',"O~';''' ' C-i:l:-y---of - i---ustin 300 Centennial Way Tustin, CA 92780 (714) 573-3150 FAX (714) 734-8991 Attention' Bill Tidwell, Manager of Operations and Maintenance Subject' Cooperative Agreement for Paving of Streets within County Limits (P.W. File No. R-00-3, C.I.P. No. 7001) Dear Mr. Tidwell, The City of Tustin will be constructing slurry seal and asphalt overlay on a portion of our streets this fiscal year, as part of our Annual Major Maintenance Program. Several of these streets contain a common jurisdictional boundary line with the County of Orange within the paved roadway, in the interest of providing uniform paving and striping conditions to the traveling public, the City of Tustin is hereby requesting funding participation from the County of Orange to cover th~ proportional cost of improvements within County limits. The following County streets, their limits, proposed paving improvements, proportionate costs are proposed to be included in our program this year: and Street From To Type of Pavinq Cost Wass St. Newport Blvd. Charloma Overlay $8,500.00 Warren Ave. Newport Ave. Holt Ave. Slurry Seal $6,800.00 Red Hill Ave. Melvin Way Irvine Blvd.Slurry Seal $2,700.00 Melvin Way Dean St. Red Hill Ave. Slurry Seal $2,700.00 Browning Ave. irvine Blvd. Redmill Cir.Slurry Seal .$.3,300.00 Total Estimated Proportional Cost $24,000.00 Construction is.anticipated to be performed during the months of February, March and April 2001. The City of Tustin will prepare a cooperative agreement for execution by the City and County, describing the responsibilities of each party. Pete Allen from your department has reviewed a draft copy of the proposed cooperative agreement and comments have been incorporated. Mr. Bill Tidwell Cooperative Agreement for Paving Streets within County Limits November 17, 2000 P~ge. 2 ' If this request is acceptable 'to the' County of Orange please, indicate by signature below the commitment by the County of Orange to participate in this project as indicated in this request, and return the si§ned copy. If you should have any questions please do not hesitate to call myself or Steve Runk at (714) 573-3177. Sincerely, Tim D. Serlet Director of Public Works/City Engineer Agreed' Bill Tidwell, Manager County of Orange Public Facilities and Resources Department, Operations and Maintenance Date S:\CIP Projects\00-01 Annual Major Maintenance Proj 7001\commit_letter_Countyof Orange 1.doc SCALE: NONE OCATIONS OF %, ORK IN ORANGE COUNTY TREE C.E. UTT FILE: O.C.-2.DWC