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Home My WebLink About04 APPROVE COOPERATIVE AGREEMENT D12-037 WITH COUNTY OF ORANGE AND ADOPT RES NO. 12-74Agenda Item 4 e AGENDA REPORT Reviewed: City Manager Finance Director MEETING DATE: SEPTEMBER 4, 2012 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER SUBJECT: APPROVE COOPERATIVE AGREEMENT NO. D12 -037 WITH THE COUNTY OF ORANGE FOR FUNDING OF ROADWAY IMPROVEMENTS IN THE CITY OF TUSTIN AND ADOPT RESOLUTION NO. 12 -74 DECLARING PORTIONS OF CERTAIN CITY ROADWAYS TO BE COUNTY HIGHWAYS FOR PURPOSES OF CONSTRUCTION SUMMARY In order for the County of Orange to proceed with its slurry seal project on Wass Street, Red Hill Avenue, Browning Avenue, and Irvine Boulevard and its pavement rehabilitation project on Melvin Way, within the City of Tustin, Cooperative Agreement No. 12 -037 must be approved and those segments of roadways be declared County highways for purposes of construction. RECOMMENDATION It is recommended that the City Council approve Cooperative Agreement No. D12 -037 with the County of Orange for the Slurry Seal of Various Streets in Orange County 2012 -13 Project ( "Phase 1 Project') and the Asphalt Overlay Resurfacing of Various Streets in Orange County 2012 -13 Project ( "Phase 2 Project'), and adopt Resolution No. 12 -74, declaring portions of Wass Street, Red Hill Avenue, Browning Avenue, Irvine Boulevard, and Melvin Way within the City of Tustin to be County highways 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. D12 -037 the City will reimburse the County for the cost of performing the street improvement construction work under City jurisdiction in the estimated amount of $72,523 for the Phase 1 Project and $25,945 for the Phase 2 Project. The exact amount will be determined when construction is complete. The City's portion of funding will be programmed in the FY 2013/2014 Annual Roadway and Public Infrastructure Maintenance Program CIP 70001. DISCUSSION AND BACKGROUND The County of Orange is moving ahead with its project to slurry seal Wass Street from Newport Avenue to Charloma Drive, Red Hill Avenue from Melvin Way to north of Irvine Boulevard, Browning Avenue from Bryan Avenue to Irvine Boulevard, and Irvine Boulevard from Browning Avenue to east of Ranchwood Drive as part of its Slurry Seal of Various Streets in Orange County 2012 -13 Project ( "Phase 1 Project'), and its project to resurface Melvin Way as part of its Asphalt Overlay Resurfacing of Various Streets in Orange County 2012 -13 Project ( "Phase 2 Project'), with portions of those roadways lying within City of Tustin jurisdiction. Cooperative Agreement No. D12 -037 has been prepared wherein work will be performed by the County and the County will be Approve Cooperative Agreement No. D12 -037 with County of Orange September 4, 2012 Page 2 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 roadways within the City be declared County highways during the period of construction. Upon completion of the improvements, the County will pass a resolution declaring the City's project areas to no longer be County highways. The City Attorney has reviewed and approved Cooperative Agreement No. 12 -037 as to form. Stack, P.E. 3ublic Works /City Engineer Attachment 1: Cooperative Agreement No. D12 -037 Attachment 2: Resolution No. 12 -74 S: \City Council Items\2012 Council Items\Approval of Coop Agmt #D12 -037 w County.docx ATTACHMENT 1 Agreement No. 1312 -037 COOPERATIVE AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF TUSTIN FOR FUNDING OF ROADWAY IMPROVEMENTS IN THE CITY OF TUSTIN This Cooperative Agreement is made and entered into this day of 2012 (the "Agreement'), by and between the COUNTY OF ORANGE ("County"). a political subdivision of the State of California. and the CITY OF TUSTIN ( "City "), a municipal corporation in the State of California. The Countv and Cav shall sometimes be referred to separately as a "Party' and collectively as the "Parties." RECITALS A. The Countv of Orange proposes to rehabilitate the roadways as part of Slurry Seal of Various Streets in Orange County 2012 -13 on Wass Street from Newport Avenue to Charloma Drive. Red Hill Avenue from Melvin Way to north of Irvine Boulevard. Browning Avenue from Brvan Avenue to Irvine Boulevard, and Irvine Boulevard from Browning Avenue to east of Ranchwood Drive ("Phase 1 Project'), and as part of Asphalt Overlay Resurfacing of Various Streets in Orange County 2012 -13. Melvin Way will be rehabilitated ( "Phase 2 Project') as shown in Exhibit A, with such roadways lying within the unincorporated area of the county and within city limits: and B. The total construction cost of' rehabilitation within the City's area of Phase I Project is estimated to be Seventy Two Thousand Five Hundred Twenty Three dollars ($72.523) ( "Phase 1 Cite Project Cost'): and C. The total construction cost of rehabilitation within the City's area of Phase 2 Project is estimated to be Twenty Five Thousand Nine Hundred Forty Five dollars (525.945) ( "Phase 2 City Project Cost'): and D. The City has agreed to reimburse the County for the Phase I and Phase 2 Project Costs performed within the City's area ( "City Project Area "). AGREEMENT NOW, THEREFORE. in consideration of the fioregoing recitals of tact, the mutual covenants and conditions contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows. COUNT)' OBLIGATIONS I County shall design. administer and construct all improvements for the Phase I Project and the Phase 2 Project County shall submit PS &E cmerine wrnk within the City Project Area to the City for review and approval. ? Counh shall pass a Resolution declaring City Project Area to be a Countv highway (as provided for in Scction 1700 of the Sweets and Highways Code) for purposes of construction I® Agreement No. D12 -037 3. County shall obtain the written concurrence of the City Engineer or his designee ( "Cite Engineer ") for anv contract change orders ( "CCOs ") for the Project, which would require the City to share in the cost. Countvs contractor will only perforni extra work after approval of a CCO by City Engineer. 4. 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. 5. 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). 6. 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 cost for roadway rehabilitation, and approved CCOs, if any 7. 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 the Project, provide City with certificates of insurance and insurance endorsements in fomts that are acceptable to City. CITY OBLIGATIONS 8. 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. 9. City shall at all tines 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. 10. City shall pay all construction costs incurred for the roadway rehabilitation within the City Project Area 11. City shall pay all costs for approved CCOs associated with construction of the Project within the City Project Area. IfCCOs are required. City Engineer shall have five (5) working days to review and either approve or disapprove costs for CCOs. 12. Upon approval by City Engineer and acceptance of the improvements under the contract by County. Citv shall assume operation and maintenance responsibility lot- City Project Area improvements. 13. Within thirty (30) days of receipt of the Final Cost Accounting Report and Invoice r,w,, , �,i f, Agreement No. D12 -037 from the County for each phase of project. City shall deposit with the County's financial officer the total as indicated on said invoice. GENERAL 14. 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 anv 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 o nission 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 Citv 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 attomey's lees and costs, of every type and description to which they may be subjected arising out of any act of omission of, its employees. representatives. agents and independent contractors in connection with the implementation of the actions described in this agreement. 15. Assi *nmen This Agreement shall be binding upon and inure to the benefit ofthe successors and assigns ol'the Parties. No assignment of either Pam's interest in this Agreement shall be made without the written consent of the other Party. 16. 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. 17. Severabilitv If any part of'this Agreement is held, determined, or adjudicated to be illegal, void, or unenforceable by a coup of competent jurisdiction, the remainder ol' this Agreement shall be given effect to the fullest extent reasonably possible. I8. Calendar Days Any reference to the word "day" of "days" herein means calendar day of calendar days respectively, unless otherwise expressly provided. 19. Notices Notices or other communications which may be required or provided under the terms of'this Agreement shall be given as hollows. CITY OF TUSTIN Public works Department 300 Centennial Wav Tustin. CA 92780 Attn: Director ol'Public Works COUNTY OF ORANGE OC Public Works 300 N. Flower Sit ect P.O. Box 4048 Santa Ana, CA 92703 Aun: 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 P,r,I Rio Agreement No. D12 -037 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, to 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. 20. Waiver of.lury 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 commected with this Agreement and /or any other claim of injury or damage. 21. Attornev'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. 22. 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 ofcompetent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction ot'such court, notwithstanding Code of'Civtl Procedure Section 394. 23. Countemarts 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. 24 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 Count- 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. Poa,_c 4 of 6 Agreement No. D12 -037 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: _ Mavor Date: ATTEST: City Clerk Date- APPROVED AS TO FORM: By: U, City Attornc�. Date: Agreement No. D12 -037 IN WITNESS WHEREOF. the parties hereto have caused this A_reement be executed on the date first above written. COUNTY OF ORANGE A political subdivision of the State of California Chainnan, Board of Supervisors Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD OF SUPERVISORS Susan Novak Clerk of the Board of Supervisors of Orange County CA APPROVED AS TO FORM. COUNTYCOUNSEL ORANGE COUNTY, CALIFORNIA Date. r.i<< 6 M 6 Exhibit A Phase 1: Slurry Seal of Various Streets in Orange County 2012 -13 Phase 2: 02r-1 alt Resurfacing of Various Streets in Orange County 3- M elvin Way t � 4� 1614 t` '� drf • ' � R44 ,j1 KY LEGEND `a ® CITY, PHASE I CITY. PHASE 2 Q ATTACHMENT 2 RESOLUTION NO. 12 -74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING PORTIONS OF WASS STREET, RED HILL AVENUE, BROWINING AVENUE, IRVINE BOULEVARD, AND MELVIN WAY LOCATED WITHIN THE CITY OF TUSTIN TO BE COUNTY OF ORANGE HIGHWAYS DURING CONSTRUCTION OF ROADWAY IMPROVEMENTS BY THE COUNTY OF ORANGE WHEREAS, Wass Street from Newport Avenue to Charloma Drive is designated as a local street and is partially located in the City of Tustin; and WHEREAS, Red Hill Avenue from Melvin Way to north of Irvine Boulevard is designated as a primary arterial and is partially located in the City of Tustin; and WHEREAS, Browning Avenue from Bryan Avenue to Irvine Boulevard is designated as a secondary arterial and is partially located in the City of Tustin; and WHEREAS, Irvine Boulevard from Browning Avenue to east of Ranchwood Drive is designated as a major arterial and is partially located in the City of Tustin; and WHEREAS, Melvin Way is designated as a local street and is partially located in the City of Tustin; and WHEREAS, the County of Orange proposes to construct roadway improvements on Wass Street from Newport Avenue to Charloma Drive, Red Hill Avenue from Melvin Way to north of Irvine Boulevard, Browning Avenue from Bryan Avenue to Irvine Boulevard, and Irvine Boulevard from Browning Avenue to east of Ranchwood Drive ('Phase 1 Project'), and portions of those roadways are within the City of Tustin; and WHEREAS, the County of Orange proposes to construct roadway improvements on Melvin Way ('Phase 2 Project'), and eastbound Melvin Way from Red Hill Avenue to 165 feet west of Dean Street 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 the portions of Wass Street, Red Hill Avenue, Browning Avenue, Irvine Boulevard, and Melvin Way within the City of Tustin to be County highways 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, Wass Street from Newport Avenue to Charloma Drive, Red Hill Avenue from Melvin Way to north of Irvine Boulevard, Browning Avenue from Bryan Avenue to Irvine Boulevard, Irvine Boulevard from Browning Avenue to east of Ranchwood Drive, and Melvin Way, within the City limits of Tustin, are hereby declared to be County highways during the period of project construction of the roadway improvements, pending the Orange County Board of Supervisors resolution declaring the same. 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 4`" day of September 2012. John Nielsen, Mayor ATTEST: Pamela Stoker City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 12 -74 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 4th day of September 2012 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER, City Clerk