HomeMy WebLinkAbout08 APPV AGMNT W/O.C. (CIP 7001) 01-15-08AGENDA REPORT
MEETING DATE: JANUARY 15, 2008
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: APPROVAL OF COOPERATIVE AGREEMENT NO. D07-177 WITH THE
COUNTY OF ORANGE FOR PAVEMENT RESURFACING ON IRVINE
BOULEVARD AS PART OF THE ANNUAL MAJOR PAVEMENT
MAINTENANCE PROJECT, FY 2007-2008 (CIP NO. 7001)
SUMMARY
A portion of the work to be performed under the City's Annual Major Pavement Maintenance
Project, FY 2007-2008 (CIP No. 7001) is on Irvine Boulevard within the County of Orange
Jurisdiction. The proposed Cooperative Agreement No D07-177 between the City of Tustin and
the County of Orange provides for the County to reimburse the City for the County's
proportionate share of the work included in the City's project.
RECOMMENDATION
It is recommended that the City Council approve Cooperative Agreement No. D07-177 with the
County of Orange for pavement resurfacing on Irvine Boulevard, and authorize the Mayor and
City Clerk to execute the document on behalf of the City.
FISCAL IMPACT
Cooperative Agreement No. D07-177 stipulates that the County of Orange will reimburse the
City of Tustin (up to $120,000.00) for their proportionate share of the pavement resurfacing work
on Irvine Boulevard as part of the City's Annual Major Pavement Maintenance Project, FY 2007-
2008 (CIP No. 7001). The final amount reimbursed to the City will be based on actual quantities
and costs for this work.
DISCUSSION
The Annual Major Pavement Maintenance Project, FY 2007-2008 (CIP No. 7001), consists of
street maintenance within Zone 3 of the City's Pavement Management System. Zone 3 is
generally bounded by Newport Avenue on the west; Wass Street, Irvine Boulevard, and
Melvin Way on the north; EI Camino Real on the south; and Browning Avenue on the east.
Asphalt resurfacing is planned on Irvine Boulevard from Elizabeth Way to Red Hill Avenue. A
portion of Irvine Boulevard has a common boundary with the County of Orange. The
Cooperative Agreement commits the County of Orange to reimburse the City of Tustin up to
$120,000.00 for the County's proportional share of the costs for design, inspection, and
construction on the applicable portion of Irvine Boulevard.
Approval of Cooperative Agreement No. D07-177 with the County of Orange for Pavement
Resurfacing on Irvine Boulevard as part of the Annual Major Pavement Maintenance Project, FY
2007-2008 (CIP No. 7001).
January 15, 2008
Page 2
Under a separate agenda item, the City Council is scheduled to approve the plans and
specifications and authorize the advertisement of bids for the Annual Major Pavement
Maintenance Project, FY 2007-2008 (CIP No. 7001).. A letter of agreement (attached) dated
December 26, 2007 has been received from the County of Orange indicating its willingness to
participate in a cooperative agreement for the resurfacing of Irvine Boulevard within its
jurisdiction. The City Attorney has reviewed and approved this agreement as to form.
Tim D. Serlet Dana R. Kasdan
Director of Public Works/City Engineer Engineering Services Manager
Attachments: Cooperative Agreement No. D07-177
Location Exhibit
Concurrence letter from County of Orange
S:ACity Council Items\2008 Council Items\Coop Agmt #D07-177 w County.doc
Agreement No. D07-177
AGREEMENT
THIS AGREEMENT, for purposes of identification hereby dated the _________ day
of ____________, 2008, is
BY AND BETWEEN
The COUNTY OF ORANGE, a political
subdivision of the State of California,
hereinafter designated as "COUNTY"
AND
The CITY OF TUSTIN, a municipal
corporation, hereinafter designated as
"CITY"
WITNESSETH
WHEREAS, CITY proposes to asphalt overlay Irvine Boulevard from Elizabeth Way to Red
Hill Avenue, 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
WHEREAS PROJECT is included in laps titled Annual Ma'or Pavement Maintenance
Program F.Y. 2007-2008; 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.
Agreement No. D07-177
1 NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
2 I. CITY SHALL:
3 A. Be and is hereby designated as Project Engineer, Contracting and
4 Construction Agent for the parties to do and perform all things necessary. in order to design and
5 construct PROJECT in accordance with the approved plans and specifications and to execute
6 and deliver all documents required in connection with the construction and completion of said
7 PROJECT, including its Notice of Completion and Final Accounting Report.
8 B. Submit PROJECT plans, specifications and special provisions to COUNTY
9 for review and approval by the COUNTY's Chief Engineer or his designee, hereinafter referred to
10 as "COUNTY ENGINEER", as to design and construction of features affecting PROJECT within
11 COUNTY limits.
12 C. During the period of construction, have jurisdiction and control over the
13 construction area including that portion within COUNTY limits for purpose of PROJECT
14 construction and for no other purpose.
15 CI. Cause all consultants/contractors on the PROJECT to obtain a no-fee
16 encroachment permit from COUNTY and general liability and motor vehicle liability insurance in
17 amounts satisfactory to COUNTY. CITY shall also cause COUNTY to be named as an additional
18 insured on insurance certificates and separate endorsements for all construction contracts related
19 to the PROJECT construction. Copies of such certificates and endorsements shall be provided to
20 the COUNTY prior to construction.
21 D. Obtain the written concurrence of COUNTY ENGINEER prior to making field
22 decisions and/or issuing PROJECT change orders affecting PROJECT's design and/or costs by
23 10% or greater of the COUNTY's deposit to CITY for any portion or portions of PROJECT within
24 COUNTY limits.
25
26
2
Agreement No. D07-177
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.
II. COUNTY SHALL:
A. Review for approval by COUNTY ENGINEER the plans, specifications and
special provisions as to design and construction features affecting the construction, operation and
maintenance of the 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 construction costs plus a proportionate share of the
engineering and inspection costs based on the ratio of the COUNTY's construction costs to the
total contract construction costs and deposit the full amount of COUNTY's share of PROJECT
construction and engineering costs with CITY prior to commencement of PROJECT construction.
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 One Hundred Five Thousand Dollars ($105,000)
including engineering services, materials report and testing, inspection and contract
administration costs, and in no event shall the final cost to COUNTY exceed One Hundred
Twenty Thousand Dollars $120,000 without written approval of COUNTY ENGINEER. In the
event the contract's actual bid total cost (including engineering services, materials report and
testing, inspection and contract administration) for COUNTY's portion of PROJECT exceeds One
Agreement No. D07-177
Hundred Five Thousand Dollars $105,000, COUNTY may cancel this agreement within ten (10)
working days following notification by CITY and after bid opening.
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, specifications, special provisions 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.
IV. IT IS MUTUALLY UNDERSTOOD AND AGREED:
A. Upon acceptance of the improvements of PROJECT by CITY, and by
COUNTY for COUNTY portion of the PROJECT, and under the terms of this Agreement,
Agreement No. D07-177
COUNTY 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 judgments 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 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
Agreement No. D07-177
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.
F. This Agreement contains the entire agreement between, the parties with
respect to the matters provided for herein. No alteration or variation of the terms of this
Agreement shall be valid unless made in writing and signed by the parties hereto. Further, none
of the parties to this Agreement shall be bound by any representation, warranties, promises,
statements, or information unless expressly set forth herein.
G. This Agreement may be executed in one or more counterparts, and all the
counterparts shall constitute but one and the same Agreement, notwithstanding that all parties
hereto are not signatories to the same or original counterpart. The parties hereto agree that this
Agreement has been negotiated and executed in the State of California and shall be governed by
and construed under the laws of California. In the event of any legal action to enforce or interpret
this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California, and the parties hereto agree to and do hereby submit to the
jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the
parties hereto specifically agree to waive any and all rights to request that an action be
transferred for trial to another county.
H. The individuals executing this Agreement (the "Signs#ories") covenant that
they have the legal power, right and authority to enter into this Agreement and to bind their
respective principals/entities to the terms and conditions set forth herein. Furthermore, the
Signatories covenant that all requisite action has been taken by their respective principals/entities
in connection with the entering into this Agreement and the instruments referenced herein, and
the consummation of the transactions contemplated hereby.
Agreement No. D07-177
I. If any part of this Agreement is held, determined or adjudicated to be illegal,
void or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall
be given effect to the fullest extent reasonably possible.
J. The failure of any Party to enforce against the other a provision of this
Agreement shall not constitute a waiver of that Party's right to enforce such a provision at a later ~
time.
K. This Agreement may be terminated by COUNTY at any time without cause
after (30) days written notice to CITY, provided that no construction agreements have been
awarded. COUNTY has the right to terminate this Agreement for cause upon material breach of
CITY following a thirty (30) day period for cure and written notice of the breach by COUNTY
provided that a breach can be cured; or for cause upon material breach of CITY following written
notice of the breach by COUNTY provided that a breach cannot be cured. A cure period that
extends beyond the (30) thirty days specified above may only occur by written consent of
COUNTY provided that the cure begins immediately following notice of the breach and is
diligently pursued until the cure is complete.
L. This Agreement. may be terminated by CITY at any time without cause after
(30) days written notice to COUNTY, provided that no construction agreements have been
awarded. CITY has the .right to terminate this Agreement for cause upon material breach of
COUNTY following a thirty (30) day period for cure and written notice of the breach by CITY
provided that a breach can be cured; or for cause upon material breach of COUNTY following
written notice of the breach by CITY provided that a breach cannot be cured. A cure period that
extends beyond the (30) thirty days specified above may only occur by written consent of CITY
provided that the cure begins immediately following notice of the breach and is diligently pursued
until the cure is complete.
Agreement No. D07-177
M. Any Notice or other written instrument required or permitted by this
Agreement to be given to either party shall be deemed received when either personally served or
forty-eight (48) hours after being deposited in the U.S. Mail, postage prepaid, registered or
certified and addressed as follows:
COUNTY: County of Orange/RDMD
P.O. Box 4048
Santa Ana, CA 92702-4048
Attn: Mr. Peter Allen
CITY: City of Tustin
300 Centennial Way
Tustin, CA 92780-3715
Attn: Mr. Tim D. Serlet
Agreement No. D07-177
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 by its Clerk, all thereunto duly authorized by
the City Council and the Board of Supervisors, respectfully.
COUNTY OF ORANGE
A political subdivision of the State of California
Dated: By
Chairman of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF OFFICE OF THE. COUNTY COUNSEL
THIS DOCUMENT HAS BEEN DELIVERED ORANGE COUNTY, CALFORNIA
TO THE CHAIRMAN OF THE BOARD OF
SUPERVISORS
By By
DARLENE J. BLOOM Deputy
Clerk of the Board of Supervisors of
Orange County, California
CITY OF TUSTIN
A municipal corporation
Dated: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk By
City Attorney
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COUNTY OF ORANGE
RESOURCES & DEVELOPMENT MANAGEMENT DEPARTMENT
Telephone: (714) 567-6300
Fax: (714) 567-6340
December 26, 2007
Mr. Dana R. Kasdan, Manager
Engineering Services
City of Tustin/Public Works
300 Centennial Way
Tustin, CA 92780
Subject: Cooperative Agreement for Irvine Boulevard within City and County Limits
Dear Mr. Kasdan:
In response to your letter of December 20, 2007, requesting the County to participate in a
cooperative agreement for the resurfacing of Irvine Boulevard which has a common
jurisdictional boundary, the County is in agreement to participate.
When available, please provide 4 sets of plans and specifications for our review through various
County departments in addition to a copy of the materials report to be reviewed by County
Materials Engineer.
We look forward to working together with the City on this project. You may contact Pete Allen
at 567-6283 with any questions or concerns.
Respectfully Yours,
Bill Hisey, Manager
RDMD/Operations and Maintenance
PFA:pa
COUNTYOF ORANGE
Bryan Speegle, Director
300 N. Flower Street
Santa Ana, CA
P.O. Box 4048
cc: Wil Niemann
Harry Persaud