HomeMy WebLinkAbout09 COOPERATIVE AGREEMENT NO. D09-115 NEWPORT PAVEMENT REHABILITATION~~-.
AGENDA REPORT Agenda Item 9
Reviewed: ~~
' City Manager
Finance Director _~
MEETING DATE: FEBRUARY 2, 2010
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: DOUGLAS S. STACK, ACTING DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVAL OF COOPERATIVE AGREEMENT NO. D09-115 WITH THE COUNTY
OF ORANGE FOR THE NEWPORT AVENUE PAVEMENT REHABILITATION
PROJECT AND ADOPTION OF RESOLUTION NO. 10-16 DECLARING A PORTION
OF NEWPORT AVENUE LOCATED WITHIN THE CITY TO BE A COUNTY
HIGHWAY FOR PURPOSES OF CONSTRUCTION
SUMMARY
In order for the County of Orange to proceed with its pavement rehabilitation project on Newport
Avenue within the City of Tustin, Cooperative Agreement No. D09-115 must be approved and that
portion of Newport Avenue be declared a County highway for purposes of construction.
RECOMMENDATION
It is recommended that the City Council approve Cooperative Agreement No. D09-115 with the
County of Orange for the Newport Avenue Pavement Rehabilitation Project and adopt Resolution No.
10-16, declaring southbound Newport Avenue from Wass Street to 1750 feet northerly within the City
of Tustin to be a County highway for purposes of roadway improvements during the period of project
construction, and authorize the Mayor and City Clerk to execute the documents on behalf of the City.
FISCAL IMPACT
Under Cooperative Agreement No. D09-115 the City will reimburse the County for the cost of
performing the street improvement construction work under City jurisdiction and adjustment of water
valve lids to grade within County jurisdiction in the estimated amount of $120,230. The street
improvement resurfacing cost is estimated at $95,310 and the estimated cost to adjust water valve
lids is $24,920. The exact amount will be determined when construction is complete. Since the
County will not require payment until early in fiscal year 2010/2011, the City's portion of funding will be
programmed in the FY 2010/2011 Annual Major Pavement Maintenance Program and Water
Operations, respectively.
DISCUSSION
The County of Orange is moving ahead with its project to rehabilitate Newport Avenue from Wass
Street to Hyde Park Drive, with a small portion of the roadway lying within City of Tustin jurisdiction.
The project also includes the adjustment of City of Tustin Water Services valve lids to grade along
the full length of the County's project outside of the City of Tustin limits but within the Tustin Water
Services boundary. Cooperative Agreement No. D09-115 has been prepared wherein work will be
performed by the County and the County will be reimbursed by the City. In order for the County to
work within the City's jurisdiction, the California Streets and Highways Code requires that the
roadway within the City be declared a County highway during the period of construction. Upon
completion of the improvements, the County will pass a resolution declaring the City's project area
to no longer be a County highway.
Approval of Cooperative Agreement (D09-115) w/County of Orange
February 2, 2010
Page 2
The City Attorney has reviewed and approved Cooperative Agreement No. D09-115 as to form.
Stack
;tor of Public Works/City Engineer
Attachments: Cooperative Agreement No. D09-115
Resolution No. 10-16
Location Exhibit
~~---~
Dana R. Kasdan
Engineering Services Manager
S:\City Council Items\2010 Council Items~Approval of Coop Agmt #D09-115 w County.docx
Agreement No. D09-115
COOPERATIVE AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF
TUSTIN FOR FUNDING OF ROADWAY IMPROVEMENTS IN THE CITY OF TUSTIN
AND ADJUSTMENT OF WATER VALVE LIDS ON NEWPORT AVENUE
This Cooperative Agreement is made and entered into this day of
2010 (the "Agreement"), by and between the COUNTY OF ORANGE
("County"),apolitical subdivision of the State of California, and the CITY OF TUSTIN
("City"), a municipal corporation in the State of California. The County and City shall
sometimes be referred to separately as a "Party" and collectively as the "Parties."
RECITALS
WHEREAS, the County of Orange proposes to rehabilitate the roadway on Newport Avenue
from Wass Street to Hyde Park Drive in the North Tustin and East Tustin area of the County,
with such roadway lying within the unincorporated area of the county and within city limits.
Upon completion of the roadway rehabilitation, utility access covers for water valves, manholes
and monument wells will require adjustment to the new pavement grade, and traffic detector
loops will need to be replaced. The City maintains a water system, including water valve cans
within the area of County's rehabilitation, which will require water valve can lid adjustment to
the new street grade (collectively, the "Project"); and
WHEREAS, the west half of the Newport Avenue right of way from Wass Street to 1750 feet
northerly is within the City of Tustin ("City Project Area"); and
WHEREAS, the County is willing to include the adjustment to grade of approximately
eighty-nine (89) water valve can lids at an estimated cost of two hundred eighty dollars ($280)
each in its Project Plans, Specifications, & Engineer's Estimates ("PS&E") at County's cost, and
has agreed to prepare additional plans and specifications covering rehabilitation of the roadway
in the City Project Area ("Bulletin 3"); and
WHEREAS, the total construction cost for the Project ("Project Costs") is estimated to be
approximately Two Million Six Hundred Thirty Four Thousand Dollars ($2,634,000); and
WHEREAS, the City has agreed to reimburse the County for the costs of performing the
adjustment of said water valve can lids within the County's jurisdiction and for all work
performed within the City Project Area, estimated to be approximately One Hundred Twenty
Thousand Two Hundred Thirty Dollars ($120,230).
NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual covenants and
conditions contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the Parties agree as follows:
Page 1 of 7
Agreement No. D09-115
A. COUNTY OBLIGATIONS
1. County shall design, administer and construct all improvements for the Project. County
shall submit PS&E Bulletin 3 covering work within the City Project Area to the City for review
and approval.
2. County shall include in PS&E "Adjust Water Valve" as a bid item, and through its
contractor, shall adjust said water valve can lids to grade in accordance with Project contract
documents based upon the Standard Specifications for Public Works Construction, 2009 Edition.
3. County shall pass a Resolution declaring City Project Area to be a County highway (as
provided for in Section 1700 of the Streets and Highways Code) for purposes of construction.
4. County shall obtain the written concurrence of City's City Engineer or his designee
("City Engineer") for any contract change orders ("CCOs") for the Project, which would
require the City to share in the cost. County's contractor will only perform extra work after
approval of a CCO by City Engineer.
5. Prior to accepting improvements under the contract for Project, County shall obtain City
Engineer's written approval for the City Project Area improvements. Approval shall be withheld
only for work not completed per the approved PS&E for Project.
6. Upon approval of the improvements by the City Engineer and acceptance of the contract
work by County, County shall pass a Resolution declaring City Project Area to no longer be a
County highway (as provided for in Section 1704 of the Streets and Highways Code).
7. County shall furnish City Engineer with one set of reproducible mylar or acetate
"Record" construction drawings for City Project Area and a copy of the "Notice of Completion".
8. County shall, within sixty (60) days of the County's approval of a Notice of Completion
of project construction, prepare and submit to the City a Final Cost Accounting Report and
Invoice authorized by this Agreement, which will itemize costs including the total number of
water valve can lids adjusted, bid item price for said lids, 20% inspection and administration
amount for adjustment of said lids, cost for roadway rehabilitation, and approved CCOs, if any.
9. County shall cause its contractors for the City's portion of the Project to obtain insurance
coverage sufficiently broad to insure matters set forth in this Agreement and to include City as an
additional insured on all insurance policies that County requires its contractors to provide. As
evidence of such insurance coverage, County shall, prior to commencement of adjustment of
City's manhole lids, provide City with certificates of insurance and insurance endorsements in
forms that are acceptable to City.
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Page 2 of 7
Agreement No. D09-115
B. CITY OBLIGATIONS
L Ciry, prior to commencement of Project, shall place a paint mark on the curb opposite
each water valve can lid to facilitate subsequent locating and adjusting by County. County shall
not be accountable for failure to adjust unmarked water valve can lids.
2. City shall pass a Resolution consenting to City Project Area being a County highway (as
provided for in Section 1701 of the Streets and Highways Code) for purposes of construction.
3. City shall at all times during the progress of construction of Project within City Project
Area, have access to the Project site for the purpose of inspection and, should City Engineer
deem any remedial measures to be necessary, City Engineer shall notify County thereof for
communication to the contractor.
4. City shall pay the total cost for adjusting water valve can lids to grade. Total cost will be
determined by multiplying the bid item price received for "Adjust Water Valve Can Lid to
Grade", by the total number of units adjusted, plus 20% for County inspection and
administration. However, to protect City and County from unbalanced bids, regardless of the
amount, City shall be responsible for bid item prices not to exceed four hundred fifty dollars
($450.) but not less than two hundred fifty dollars ($250) for each water valve can lid.
5. City shall pay all construction costs incurred for the roadway rehabilitation within the
City Project Area as identified in Bulletin 3.
6. City shall pay all costs for approved CCOs associated with adjustment of said water valve
can lids or within the City Project Area. If CCOs are required, City Engineer shall have five (5)
working days to review and either approve or disapprove costs for CCOs.
7. Upon approval by City Engineer and acceptance of the improvements under the contract
by County, City shall assume operation and maintenance responsibility for City Project Area
improvements and water valve can lids.
8. Within thirty (30) days of receipt of the Final Cost Accounting Report and Invoice from
the County, City shall deposit with the County's fmancial officer the total as indicated on said
invoice, but shall not be obligated to make payment prior to July 30, 2010.
C. GENERAL
1. Indemnification & Hold Harmless City shall indemnify, defend with counsel approved
in writing, save and hold County and each of its elected officials, officers, directors, agents and
employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or
expenses, including attorney's fees and costs, of every type and description to which they may be
subjected arising out of any act or omission of, its employees, representatives, agents and
independent contractors in connection with the implementation of the actions described in this
agreement. County shall indemnify, defend with counsel approved in writing, save and hold
City and each of its elected officials, officers, directors, agents and employees harmless from any
Page 3 of 7
Agreement No. D09-115
and all claims, injuries, liabilities, actions, damages, losses or expenses, including attorney's fees
and costs, of every type and description to which they may be subjected arising out of any act or
omission of, its employees, representatives, agents and independent contractors in connection
with the implementation of the actions described in this agreement.
2. Assignment This Agreement shall be binding upon and inure to the benefit of the
successors and assigns of the Parties. No assignment of either Party's interest in this Agreement
shall be made without the written consent of the other Party.
3. Entirety & Amendments 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; and no oral
understanding or agreement not incorporated herein shall be binding on either of the Parties.
4. Severability 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.
5. Calendar Davs Any reference to the word "day" or "days" herein means calendar
day or calendar days respectively, unless otherwise expressly provided.
6. Notices Notices or other communications which may be required or provided
under the terms of this Agreement shall be given as follows:
CITY OF TUSTIN COUNTY OF ORANGE
Public Works Department OC Public Works
300 Centennial Way 300 N Flower St
Tustin, CA 92780 PO Box 4048
Attn: Director of Public Works Santa Ana, CA 92703
Attn: Director/Chief Engineer, OC Engineering
All notices shall be in writing and deemed effective when delivered in person or deposited in the
United States mail, first class, postage prepaid and addressed as above. Notwithstanding the
above, the Parties may also provide notices by facsimile transmittal, and any such notice so
given shall be deemed to have been given upon receipt during normal business hours or, in the
event of receipt after business, on the following business day. Any notices, correspondence,
reports and/or statements authorized or required by this Agreement, addressed in any other
fashion shall be deemed not given.
7. Waiver of Ju Trial Each Party acknowledges that it is aware of and has had the
opportunity to seek advice of counsel of its choice with respect to its rights to trial by jury, and
each Party, for itself and its successors, creditors, and assigns, does hereby expressly and
knowingly waive and release all such rights to trial by jury in any action, proceeding or
counterclaim brought by any Party hereto against the other (and/or against its officers, directors,
employees, agents, or subsidiary or affiliated entities) on or with regard to any matters
whatsoever arising out of or in any way connected with this Agreement and/or any other claim of
injury or damage.
Page 4 of 7
Agreement No. D09-115
8. Attorney's Fees In any action or proceeding to enforce or interpret any provision of
this Agreement, or where any provision hereof is validly asserted as a defense, the Parties shall
bear their own attorney's fees, costs and expenses.
9. Governing Law & Venue This Agreement has been negotiated and executed in the
State of California and shall be governed by and construed under the laws of the State 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.
10. Counterparts This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute but one and the same
instrument.
11. Availability of Funds This Agreement is subject to the availability of funds appropriated
for this purpose, and nothing herein shall be construed as obligating the Parties to expend or as
involving the Parties in any contract or other obligation for future payment of money in excess of
appropriations authorized by law.
12. Termination In the event County or City defaults in the performance of any of their
obligations under this Agreement or materially breaches any of the provisions of this Agreement,
City and County shall have the option to terminate this Agreement upon thirty (30) days' prior
written notice to the other Party. In the event City or County cures such default within such
thirty (30) day period, City and County's election to terminate shall be deemed revoked and of
no further force and effect as to that particular default.
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Page 5 of 7
Agreement No. D09-115
IN WITNESS WHEREOF, the parties hereto have caused this Agreement be executed on the
date first above written.
City of Tustin,
A Municipal Corporation
By:
Mayor
Date:
ATTEST:
City Clerk
Date:
APPROVED AS TO FORM:
By; 1
City Att ey
Date: ~/ 1 l/
Page 6 of 7
Agreement No. D09-115
IN WITNESS WHEREOF, the parties hereto have caused this Agreement be executed on the
date first above written.
COUNTY OF ORANGE,
A political subdivision of the State of California
By:
Chair, Board of Supervisors
Date:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD OF
SUPERVISORS
Darlene J. Bloom
Clerk of the Board of Supervisors of
Orange County, CA
Date:
APPROVED AS TO FORM:
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By:
Deputy
Date:
Page 7 of 7
RESOLUTION NO. 10-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA DECLARING A PORTION OF NEWPORT AVENUE LOCATED
WITHIN THE CITY OF TUSTIN TO BE A COUNTY OF ORANGE HIGHWAY
DURING CONSTRUCTION OF ROADWAY IMPROVEMENTS BY THE
COUNTY OF ORANGE
WHEREAS, Newport Avenue from Wass Street to 1750 feet northerly is designated as a
primary arterial and is partially located in the City of Tustin; and
WHEREAS, the County of Orange proposes to construct roadway improvements on
Newport Avenue from Wass Street to Hyde Park Drive in the North Tustin area of the County
("Project"), and southbound Newport Avenue from Wass Street to 1750 feet northerly is within
the City of Tustin; and
WHEREAS, in order for the County to work within City jurisdiction, the City must adopt a
resolution declaring a portion of Newport Avenue within the City of Tustin to be a County
highway for purposes of roadway improvements during the period of project construction,
pending the Orange County Board of Supervisors resolution declaring the same.
NOW, THEREFORE, BE IT RESOLVED that:
1. Pursuant to Section 1700, Article 3, Chapter 9, Division 2 of the California Streets
and Highways Code, southbound Newport Avenue from Wass Street to 1750 feet
northerly within the City limits of Tustin is hereby declared to be a County highway
during the period of project construction of the roadway improvements, pending the
Orange County Board of Supervisors resolution declaring the same.
2. The City Clerk is hereby directed to transmit a certified copy of this resolution to the
Clerk of the Orange County Board of Supervisors.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 2"d day of February 2010.
ATTEST:
Jerry Amante, Mayor
City Clerk
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