HomeMy WebLinkAbout10 ANN. MJR. MAINT. AG 01-07-02 NO 10
AG E N DA R E P O RT
MEETING DATE JANUARY 7, 2002 400-70
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
APPROVAL OF COOPERATIVE AGREEMENT NO. D01-126 WITH THE
COUNTY OF ORANGE FOR THE ANNUAL MAJOR MAINTENANCE
PROJECT, FY 2001-2002 (CIP NO. 7001)
SUMMARY
The proposed Cooperative Agreement 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 on the
City's Annual Major Maintenance Project, FY 2001-2002 (CIP No. 7001).
RECOMMENDATION
It is recommended that the City Council approve Cooperative Agreement No. D01-126 with the
County of Orange, and authorize the Mayor and City Clerk to execute the document on behalf of the
City.
FISCAL IMPACT
Cooperative Agreement No. D01-126 stipulates that the County of Orange will reimburse the City of
Tustin (approximately $56,200.00) for their proportionate share of the work on Yorba Street as part of
the Annual Major Maintenance Project, FY 2001-2002 (CIP No. 7001). The final amount reimbursed
to the City will be based on actual quantities and costS for this work.
BACKGROUND
The Annual Major Maintenance Project, FY 2001-2002 (ClP No. 7001) provides asphalt pavement
resurfacing on various streets in the City. Yorba Street, which is just one of many streets included in
this year's project, 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 $60,700.00 for the County's
proportional share of the costs for design, inspection and construction on the applicable portions of
Yorba Street.
S:\City Council Items\02 City Council ItemsLApproval of Cooperative Agreement with County for Major Maintenance.doc
Approval of Cooperative Agreement No. D01-126 with the County of Orange for the Annual Major
Maintenance Project, FY 2001-2002 (CIP No. 7001)
January 7, 2002
Page 2
DISCUSSION
The City Council approved the plans and specifications and authorized the advertisement of bids for
the Annual Major Maintenance Project, FY 2001-2002 (CIP No. 7001) at their meeting on December
3, 2001. A letter of agreement had previously been signed by the County indicating their willingness
to participate in their proportionate share of this work and their intent to enter into this cooperative
agreement. The City Attorney has reviewed and approved this agreement as to form.
Tim D. Serlet
Director of Public Works/City Engineer
~,--".Dana R. Ka,~../~,,~~¢L,~sdan ~
Engineering Services Manager
Attachments:
Cooperative Agreement No. D01-126
Location Exhibit
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AGREEMENT
THIS AGREEMENT, for purposes of identification hereby dated the
day of
,20_, 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"
WlTNESSETH
WHEREAS, CITY proposes to asphalt overlay and slurry seal Yorba Street between 17th
Street and Santa Clara 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 plans titled Annual 'Major .Maintenance Program F. Y
2001-2002;. 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:
Agreement No. D01-126
1 1. CITY-SHALL:
A. Be and is hereby designated as Project Engineer, Contracting and Construction
3 Agent for the parties to do and perform all things necessary in order to design and construct
4 PROJECT-in accordance with the approved plans and specifications and to execute and deliver
· 5 all documents required in connection with the construction and completion of said PROJECT,
6 including its Notice of Completion and Final Accounting Report.
B. Submit plans and specifications to COUNTY for review and approval by the
8 'County Engineer'or his designee, hereinafter referred to as "COUNTY ENGINEER'', as to design
9 and construction .of features affecting PRO'JECT within COUNTY limits.
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C. During .the period of construction, have jurisdiction over the construction area
11 including that portion within COUNTY limits.
12 D. Obtain the written concurrence of COUNTY ENGINEER prior t° issuing
13 PROJECT change orders or making field changes that. affect PROJECT's design and/or 'costs by
14 10% or more of COUNTY's deposit to CITY for any portion or portions of PROJECT within
~5 COUNTY limits.
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E. Not accept improvements under the contract for PROJECT until COUNTY
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ENGINEER approves, in writing, the construction as it affects the operations and maintenance of
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PROJECT within COUNTY limits.
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F. Furnish and deliver to COUNTY, if requested, all documents required in
20 connection with the construction and completion of PROJECT.
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COUNTY SHALL:
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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
24 portion of PROJECT within COUNTY limits.
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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
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Agreement No. DO 1-126
of the inspection and contract construction costs. Th'e portion of PROJECT within COUNTY limits
shall be as COUNTY boundar, ies 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 $56,200, including engineering services, materials report and testing, inspection
and contract administration costs, and in no event shall the final cost to COUNTY exceed
$60,700 .without written approval of'COUNTY ENGINEER. In the event the contract's actual bid
total cost (excluding engineering services, materials report and testing, inspection and contract
administration) for' COUNTY's portion of PROJECT exceeds $49,000, 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
i.mprovements within COUNTY limits. Approval shall be withheld only for work not completed per
the approved plans and specifications and approved extra work.
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E. ~ot withhold any approval or concurrence without good cause.
Iil.
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
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Agreement No. D01-126
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 MUTUALLLY UNDERSTOOD AND AGREED'
A. Upon acceptance of the improvements under the contract by CITY, 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
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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
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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
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Agreement No. D01-126
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 °r i'n 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.
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Agreement No. D0.1-12~
· 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
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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
SIGNED AND CERTIFIED THAT A COPY OF.
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIR OF THE BOARD OF
SUPERVISORS
Chair of the Board of Supervisors.
APPROVED AS TO FORM'
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By
DAREENE J. BLOOM
Clerk of the Board of Supervisors of
Orange C°Unty, California
By
Deputy
CITY OF TUSTIN
A Municipal Corporation
Dated: ,20
By:
Mayor
ATTEST:
City Clerk
By:
APPROVED AS TO FORM:
City Attorney~.,/ /' ~,'/ 0
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