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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 Page I of S 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 Page 2 of 5 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. Page 3 of S 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 Page4of5 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: Page S of 5