HomeMy WebLinkAbout08 APPROVE AGREEMENT D11-067• A enda Item 8
AGENDA REPORT Reviewed:
City Manager
Finance Director
MEETING DATE: NOVEMBER 15, 2011
TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVE AGREEMENT D11-067 WITH COUNTY OF ORANGE FOR WATER
VALVE ADJUSTMENTS ASSOCIATED WITH THE 17th STREET PAVEMENT
REHABILITATION AND LANDSCAPE PROJECT
SUMMARY
Approval of Reimbursement Agreement No. D11-067 between the City and the County of Orange
is required to permit a County contractor to adjust City of Tustin water valves to grade as part of
the County's 17th Street Pavement Rehabilitation and Landscape project.
RECOMMENDATION
It is recommended that the City Council approve Reimbursement Agreement No. D11-067 with the
County of Orange and authorize the Mayor and City Clerk to execute the document on behalf of
the City.
FISCAL IMPACT
The cost to the City for this project is estimated amount to be $17,710. The exact amount will be
determined when construction is completed. Adequate funds are available in the Fiscal Year
2011-2012 Water Operating budget.
DISCUSSION
The County of Orange is finalizing the plans for the 17th Street Pavement Rehabilitation and
Landscape Project between Newport Avenue and Prospect Avenue (North) all within the
unincorporated territory of the County. Forty-six (46) City of Tustin water valves within the Tustin
Water services boundary will require adjustment to the new pavement grade. The County is
including the water valve adjustments as a bid item for the project. The attached Reimbursement
Agreement No. D11-067 has been prepared such that the required work will be performed by the
County's contractor and the County will be reimbursed by the City. The City Attorney has reviewed
and approved Reimbursement Agreement No. D11-067 as to form.
S. Stack, P.E.
of Public Works/City Engineer
Attachment: Reimbursement Agreement No. D11-067
S:\City Council Items\2011 Council ItemsWpproval of Reimbursement Agmt #D11-067 with County.docx
Agreement D11-067
THIS Agreement, for the purpose of identification hereby is numbered D11-067 and
entered into this day of 201 1, is BY AND BETW[:IsN
COUNTY OF ORANGE,
hereinafter referred to as "County"
AND
CITY OF TUSTIN,
hereinafter referred to as '`City"
RECITALS
WHEREAS, County is preparing plans for proposed the 17~' Street Pavement
Rehabilitation and Landscape Project, which consists of reconstruction of the outside traffic lane
in each direction followed by an asphalt overlay from Newport Avenue to Prospect Avenue (N)
within the unincorporated territory of the County and within the City of "fustin ("Project").
Following the overlay, utility access covers for water valves, will require adjustment to the new
pavement grade within the County of Orange, and which lie within City's service area; and
WHEREAS, City maintains a water system, including water valve cans within the area
of County's Project, and Project will require water valve can lid adjustment to the new street
grade; and
WHEREAS, City desires County to perform the adjustment of approximately forty-six
(46) water valve can lids at an estimated cost of three-hundred eighty-five dollars (5385.00) each
as part of County's Project; and
WHEREAS, County is willing to include the water valve can lid adjustments in its
Project at City's cost.
AGREEMENT
NOW THEREFORE, the parties hereto agree as follows:
SECTION ONF.
OBLIGA"PIONS
A. City shall deposit with OC Public Works seventeen-thousand seven-hundred ten
dollars (517,710.00) as the estimated cost for water valve can lid adjustments. Said deposit shall
be made within sixty (60) days of execution of this Agreement.
B. Prior to commencement of Project, City 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.
C. County shall include in Project contract documents "Adjust Water Valve Can
Lid" as a bid item, and through its contractor, shall adjust said water valve can lids to grade in
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Agreement Dl 1-067
accordance with Project contract documents based upon the Standard Specifications for Public
Works Construction, 2006 Edition, 2007 Supplement.
U. 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 I,id",
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 five-hundred thirty dollars ($530.00) but not less
than two-hundred eighty dollars ($280.00) for each water valve can lid. If extra work is required,
the cost of the extra will be added to the total cost. County's contractor will only perform extra
work after approval by the City engineer. City engineer shall have five (5) working days to
review and either approve or disapprove costs for extra work.
E. County shall, upon completion of Project, prepare and submit to City a Final Cost
Accounting Report and Invoice authorized by this Agreement, which will include the total
number of units adjusted, bid item price, 20% inspection and administration amount, and
approved extra work, if any. If this fuial cost exceeds the deposit, City shall, within thirty (30)
days of receipt of said report and invoice, pay to County the difference; if the final cost is less
than the deposit, County shall, with the report, refund the difference to City.
F. County shall cause its contractors for the adjustment of City's facilities 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. L1pon request County shall, prior to commencement of adjustment of City's water valve
can lids, provide City with certificates of insurance and insurance endorsements in forms that are
acceptable to City.
SECTION '['WO
MISCELLANEOUS PROVISIONS
A. Indemnification. 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 with counsel approved in writing by County,
and hold County 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 City under
or in connection with any work, authority, or jurisdiction delegated to City under this
Agreement.
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 delegated to County under this Agreement.
It is also understood and agreed that pursuant to Government Code Section 895.4, County shall
fully indemnify, defend with counsel approved in writing by City, and hold City harmless from
any liability imposed for injury (as defined by Government Code Section 810.8) occurring by
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Agreement DI1-067
reason of anything done or omitted to be done by County or in connection with any work,
authority, or jurisdiction delegated to County under this Agreemcnt.
B. 1'crm. "The term of this Agreement shall be until the specified responsibilities of the
Parties have been fulfilled or rescinded by both Parties.
C. Notice. Written notice, whenever required by this Agreement, shall become effective
upon personal service or deposit in the United States mail, postage prepaid, addressed to the
following:
City:
County:
Attn: Douglas S. Stack, Attn: County Utilities Unit
Director of Public Works/Ciry Engineer Public Works/Project Management/Utilities
City of Tustin County of Orange
300 Centennial Way 300 North Flower Street
Tustin, CA 92780 Santa Ana, CA 92703
D. Entire 1~his Agreement contains the entire understanding between the Parties
relating to the obligations of the Parties described in this Agreement. Any alteration,
modification or change of this Agreement shall only be by signed, written amendment ol'the
Panics.
F.. Assignment. Neither Party shall assign its performance of this Agreement nor any
part thereof without the prior written consent of the non-assigning Party.
F. Attorneys' Fees. In the event suit is brought by either Pany to enforce the terms and
provisions of this Agreement, or to secure performance hereof, each Party shall bear its own
attorneys' fees, costs and expenses.
G. Force Majeure. Except for the payment of money, neither Party shall be liable for
any delays or other non-performance resulting from circumstances or causes beyond its
reasonable control, including fire or other casualty, Act of God, waz or other violence, acts of
third parties not within City's or County's reasonable control, or any law order or requirement of
any governmental entity or authority.
I I. Governing_Law 8t Venue. This Agreement 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 Agreemcnt, 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. The Parties
agree to waive any and all rights to request that an action be transferred for trial to another
County.
1. Waiver. A waiver of a breach of the covenants, conditions or obligations under this
Agreement by either Parry shall not be construed as a waiver of any succeeding breach of the
same or other covenants, conditions or obligations of this Agreement.
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Agreement D11-067
J. Counterparts. 't'his Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their officers thereunto duly authorized on the date written above.
CITY OF TUSTIN,
A Municipal Corporation
>3y:
Mayor
Date:
ATTEST:
City Clerk
Date:
APPROVED AS TO FORM:
B: j
Ci Attorney
llate: `4 I ~ ~ I
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Agreement D11-067
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their officers thereunto duly authorized on the date written above.
COUNTY OF ORANGF,
Date:
By:
Chairman of its Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY
OF 'I'I IIS DOCUMENT HAS BEEN DELIVF,RED
TO THE CHAIRMAN OF 'I`HE BOARD
By:
Darlene 1. Bloom
Clerk of the Board of Supervisors
Orange County, California
APPROVED AS TO FORM:
County Counsel
By: Deputy
Date:
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