HomeMy WebLinkAbout13 COOPERATIVE AGREEMENT WITH SANTA ANA• A enda Item 13
-~~-_ ~ AGENDA REPORT Reviewed:
j ~;,,~,•lr'' " Finance Director
MEETING DATE: FEBRUARY 1, 2011
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
VIA: DAVID C. BIGGS, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER
SUBJECT: APPROVE COOPERATIVE AGREEMENT WITH THE CITY OF SANTA ANA
FOR PAVEMENT REHABILITATION ON RED HILL AVENUE
SUMMARY
A portion of the work to be performed for this year's Roadway Rehabilitation and Citywide Sidewalk
Repair under the Annual Roadway and Public Infrastructure Maintenance Program CIP No. 70001
is on Red Hill Avenue within the City of Santa Ana Jurisdiction. The proposed Cooperative
Agreement between the City of Tustin (City) and the City of Santa Ana (Santa Ana) provides for
Santa Ana to reimburse the City for Santa Ana's proportionate share of the work included in the
City's project.
RECOMMENDATION
It is recommended that the City Council approve the Cooperative Agreement with the City of Santa
Ana for pavement rehabilitation on Red Hill Avenue within its jurisdiction, and authorize the Mayor
and City Clerk to execute the document on behalf of the City.
FISCAL IMPACT
The Cooperative Agreement stipulates that Santa Ana will reimburse the City up to an estimated
$260,502 for its proportional share of the pavement rehabilitation work on Red Hill Avenue as part
of the City's project. The final amount reimbursed to the City will be based on actual quantities and
costs for this work.
DISCUSSION
The rehabilitation of Red Hill Avenue between Barranca Parkway and Bell Avenue is included in
the Annual Roadway and Public Infrastructure Maintenance Program CIP No. 70001. A portion of
the work lies within the City of Santa Ana jurisdiction. Under the proposed Cooperative
Agreement, Santa Ana will reimburse the City up to an estimated $260,502 for its proportional
share of the improvement costs. It should be noted that a similar cooperative agreement was
executed between the two cities in 1991 for similar work on Red Hill Avenue within the same
stretch of roadway.
Cooperative Agreement with City of Santa Ana for Pavement Rehabilitation on Red Hill Avenue
February 1, 2011
Page 2
The City Attorney has reviewed and approved this agreement as to form. The City of Santa Ana
has approved the proposed cooperative agreement at their City Council meeting of January 18,
2011.
Approved for Forwarding By:
'S. Stack, P.E.
of Public Works/City Engineer
Attachment: Cooperative Agreement
~~
Davi C. Biggs, City Manager
S:\City Council Items\2011 Council ItemsWpproval of Agreement with Santa Ana for Roadway Rehab FY10-11 CIP 70001.docx
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CITY OF TUSTIN
FOR THE PAVEMENT REHABILITATION OF RED HILL AVENUE
FROM 700 FEET NORTH OF BARRANCA PARKWAY TO WARNER AVENUE
This agreement ("Agreement"), made and entered into this day of
2011, by and between the CITY OF TUSTIN, a municipal corporation
("TUSTIN"), and the CITY OF SANTA ANA, a municipal corporation ("SANTA ANA").
RECITALS:
A. WHEREAS, TUSTIN and SANTA ANA desire to enter into an Agreement
to reconstruct and resurface the roadway pavement on Red Hill Avenue from 700 feet
north of Barranca Parkway to Warner Avenue. Related work on the project will include
signing and striping; sidewalk and curb/gutter repair; and adjustment of manholes and
water valves to grade. This work will hereinafter be referred to in this Agreement as the
"PROJECT"; and
B. WHEREAS, the PROJECT is included in TUSTIN plans titled FY 2010-
2011 Annual Roadway Rehabilitation and Sidewalk Repair Project (CIP No. 70001); and
C. WHEREAS, the PROJECT lies partly within the corporate and
jurisdictional limits of SANTA ANA and partly within the corporate and jurisdictional
limits of TUSTIN; and
D. WHEREAS, SANTA ANA and TUSTIN are each empowered by law to
expend public monies to improve Red Hill Avenue; and
E. WHEREAS, SANTA ANA and TUSTIN desire to accomplish all of the
needed work as described herein by a single public works project in which TUSTIN will
act as the Lead Agency, and SANTA ANA will reimburse TUSTIN for SANTA ANA's
portion of the construction costs; and
F. WHEREAS, TUSTIN has completed the design plans, and SANTA ANA
has reviewed and approved the design plans.
G. WHEREAS, the total PROJECT construction cost is estimated at
$743,743 as shown in Exhibit "A", attached hereto and incorporated herein. The total
estimated PROJECT construction cost will be divided between the parties as follows:
TUSTIN SANTA ANA Total
Construction cost $483,241 $260,502 $743,743
H. WHEREAS, the PROJECT is declared categorically exempt from CEQA
(Section 15301, Class 1 (c));
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NOW, THEREFORE, the parties agree as follows:
TUSTIN Rights and Duties:
TUSTIN shall be the lead agency for the work and shall provide all
construction management. TUSTIN shall be solely responsible for the
preparation and award of the contract pursuant to public bid requirements for
the construction of the PROJECT, including the portion of the PROJECT that
is in SANTA ANA. TUSTIN shall be responsible for the preparation of all
legal documents, including the Notice Inviting Bids, Instruction to Bidders, and
the related construction contract, surety bonds and insurance certificates.
TUSTIN shall be solely responsible for the administration and performance of
the contract awarded to the contractor for the construction of the PROJECT.
2. Tustin shall pay for all PROJECT design, materials testing, site survey,
construction engineering and construction management.
3. TUSTIN shall pay its proportionate share of construction cost, as estimated in
Recital G and Exhibit "A" of this Agreement.
4. In the event the sealed bids submitted by the lowest responsive/responsible
bidder for the construction of the PROJECT show that SANTA ANA's portion
of the PROJECT costs will exceed the estimated cost by ten percent (10%),
TUSTIN shall not award such contract and shall not bind SANTA ANA
hereunder without the prior written consent of SANTA ANA.
5. TUSTIN shall notify SANTA ANA in writing of any changes, increased costs,
and pertinent meetings (i.e., pre-construction, site, and final walk through),
associated with TUSTIN's lead agency responsibilities for the PROJECT.
6. Change orders for work within SANTA ANA must receive the written approval
of the Executive Director of the Public Works Agency of SANTA ANA prior to
implementation, which approval shall not be unreasonably withheld. SANTA
ANA shall have a minimum of five (5) working days to review and approve
change orders. SANTA ANA shall have inspection authority within SANTA
ANA jurisdictional boundaries and shall be notified of the progress of the
PROJECT for such purposes. SANTA ANA shall also have the right to enter
and inspect within TUSTIN boundaries at all times for the purposes of
overseeing TUSTIN lead agency functions.
7. TUSTIN shall have the exclusive right of approval of all plans, specifications
and cost estimates prepared by consultants for the portion of the PROJECT
within the jurisdictional boundaries of TUSTIN.
8. TUSTIN shall advertise and award the contract for the PROJECT in
accordance with federal, state and local laws.
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9. TUSTIN shall cause all hired consultants on the PROJECT to obtain general
liability and motor vehicle liability insurance in amounts satisfactory to SANTA
ANA. For any consultant contract on the PROJECT entered into after the
date of "Agreement", TUSTIN shall also cause SANTA ANA to be named as
additionally insured, and include primary and not-contributory language and
standard separation of insureds provisions, on insurance certificates and
separate endorsements for all consultant contracts related to the PROJECT.
Copies of such certificates and endorsements shall be provided to SANTA
ANA prior to consultants proceeding with work on the PROJECT.
10.TUSTIN shall, in advance, notify SANTA ANA as to the official advertising
dates, bid opening date, and construction start date, and request SANTA
ANA to attend all pertinent meetings (i.e., pre-construction, site, and final walk
through).
11. TUSTIN shall provide SANTA ANA final Record Drawings for the PROJECT
within 60 days of the completion and acceptance of construction.
SANTA ANA Rights and Duties:
SANTA ANA will provide review and comment on Project plans,
specifications and cost estimates during the contract bidding process and
prior to award of contract.
2. SANTA ANA shall have the exclusive right of approval of all plans,
specifications and cost estimates prepared by consultants for the portion of
the PROJECT within the jurisdictional boundaries of SANTA ANA.
3. SANTA ANA shall issue a no fee permit for work within SANTA ANA.
Contractor shall be required to obtain a SANTA ANA business license prior to
starting work.
4. All progress payments for the PROJECT shall be reviewed by SANTA ANA.
If SANTA ANA contests the progress payment, SANTA ANA shall request
withholding of the payment within five (5) business days of receipt of such
payment request. SANTA ANA will provide information necessary to
substantiate that the required progress has not been met.
5. Subject to section 4, above, SANTA ANA shall pay its proportionate share of
construction cost, as estimated in Recital G and Exhibit "A" of this Agreement,
within thirty (30) days after receipt of an invoice from TUSTIN.
Joint Rights and Duties:
1. In the event that expended costs for the PROJECT exceed funds listed in
Exhibit "A", SANTA ANA shall be solely responsible for obtaining the
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additional funding for the increased costs occurring within the jurisdictional
boundary of SANTA ANA and TUSTIN shall be solely responsible for
obtaining additional funding for the increased costs occurring within the
jurisdictional boundary of TUSTIN.
2. Mutual Indemnity Provision:
a. Upon completion of the PROJECT, SANTA ANA shall accept
maintenance responsibility for the portion of the PROJECT within SANTA
ANA jurisdictional limits, and TUSTIN shall accept maintenance
responsibility for the portion of the PROJECT within TUSTIN jurisdictional
limits.
b. Pursuant to Section 8546.7 of the California Government Code, in the
event that this Agreement involves expenditures of State funds
aggregating in excess of Ten Thousand Dollars ($10,000), both 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 Agreement.
c. 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 duties delegated to TUSTIN under this Agreement. It is
also understood and agreed that, pursuant to Government Code Section
895.4, 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 reason of anything done or omitted to
be done by TUSTIN under or in connection with any work, authority, or
duties delegated to TUSTIN under this Agreement.
d. Neither TUSTIN 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 SANTA ANA under or in connection with any work,
authority, or duties delegated to SANTA ANA 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 injury (as defined by Government
Code Section 810.8) occurring by reason of anything done or omitted to
be done by SANTA ANA in connection with any work, authority, or duties
delegated to SANTA ANA under this Agreement.
//
//
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IN WITNESS WHEREOF, TUSTIN 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 its City Manager and attested by its Clerk, all thereunto duly authorized by
the TUSTIN City Council and the SANTA ANA City Council, respectively.
CITY OF SANTA ANA, a
Municipal corporation of the
State of California
CITY OF TUSTIN, a
municipal corporation of the
State of California
By:
David N. Ream
City Manager
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Joseph Straka
Interim City Attorney
RECOMMENDED FOR APPROVAL
Raul Godinez II
Executive Director
Public Works Agency
By:
Jerry Amante
Mayor
ATTEST:
Pamela Stoker
City Clerk
AP OVED AS TO FORM:
l/ ~~
uglas C. Holla
ity Attorney
APPROVED AS TO CONTENT:
David C. Biggs
City Manager
RECOMMENDED FOR APPROVAL:
Douglas S. Stack
Director of Public Works/City Engineer
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