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Home My WebLink About07 APPROVE AGREEMENT D13-012 WITH COUNTY OF ORANGEAGENDA REPORT Agenda Item Reviewed: City Manager Finance Director ,:cf /12 7 MEETING DATE. MARCH 5 2013 TO JEFFREY C PARKER, CITY MANAGER FROM: DOUGLAS S STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER SUBJECT APPROVE AGREEMENT D13 -012 WITH COUNTY OF ORANGE FOR WATER VALVE ADJUSTMENTS ASSOCIATED WITH THEIR ASPHALT OVERLAY RESURFACING PROJECT 2012 2013 SUMMARY In coordination with the County of Orange Public Works Department, approval of a Reimbursement Agreement between the City and the County is required to permit a County contractor to adjust City of Tustin water valves to grade as part of the County's Asphalt Overlay Resurfacing Project 2012 2013. RECOMMENDATION It is recommended that the City Council approve Reimbursement Agreement No. D13 -012 with the County of Orange and authorize the Mayor and the City Clerk to execute the document on behalf of the City FISCAL IMPACT The cost to the City for this project is estimated to be $58,950. The exact amount will be determined when construction is completed. Sufficient funding is budgeted in the Water Enterprise Capital Fund (Fund 301) to cover expected costs. DISCUSSION The County of Orange is finalizing the plans for the County's Asphalt Overlay Resurfacing Project 2012 2013 all within the unincorporated territory of the County The streets within the Water Services boundary include various locations east of Newport Avenue and west of Tustin Ranch Road, stretching from South of Foothill Boulevard to the City's boundary along Melvin Way and including the Brittany Woods Tract. A total of one hundred thirty one (131) 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 D13 -012 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. D13 -012 as to form. . Stack, P.E. Public Works /City Engineer ttachment Reimbursement Agreement No. D13 -012 S. \City Council Items \2013 Council Items\Approve reimbursement agreement #D13 -012 with the County.docx Agreement D13 -012 THIS Agreement, for the purpose of identification hereby is numbered D13 -012 and entered into this day of 2013 is BY AND BETWEEN AND COUNTY OF ORANGE, hereinafter referred to as "County" CITY OF TUSTIN, hereinafter referred to as 'City" RECITALS WHEREAS, County is preparing plans for the Asphalt Overlay Contract 2012 -13' ( "Project "), which consists primarily of resurfacing existing streets within the County 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 the 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 one - hundred and thirty one (131) water valve can lids at an estimated cost of three- hundred seventy- five dollars ($375.00) each as part of County's Project; and WHEREAS, County is willing to include the water valve can lid adjustments to grade at City's costs. AGREEMENT NOW THEREFORE, the parties hereto agree as follows: SECTION ONE OBLIGATIONS A. City shall deposit with County fifty eight- thousand nine - hundred and fifty dollars (558,950.00) 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 valves. 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 accordance with Project contract documents based upon the Standard Specifications for Public Works Construction, 2006 Edition, 2007 Supplement. Page 1 of 5 Agreement D13 -012 D 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" 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 atter approval by City's engineer or manager. City's engineer or manager 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 final 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. Upon 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 TWO 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 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 Agreement. B. Term. The term of this Agreement shall be until the specified responsibilities of the Parties have been fulfilled or rescinded by both Parties. Page 2 of 5 Agreement D13 -012 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 Director of Public Works /City Engineer City of Tustin 300 Centennial Way Tustin, CA 92780 Attn: Utilities Unit Public Works /Project Management/Utilities County of Orange 300 North Flower Street Santa Ana, CA 92703 D Entirety This 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 of the Parties. E. Assignment. Neither Party shall assign its performance of this Agreement or any part thereof without the prior written consent of the non - assigning Party F Attorneys' Fees. In the event suit is brought by either Party 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, war 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 & 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 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 The Parties agree to waive any and all rights to request that an action be transferred for trial to another County I. Waiver A waiver of a breach of the covenants, conditions or obligations under this Agreement by either Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or obligations of this Agreement. J Counterparts. This 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. Page 3 of 5 Agreement D13-012 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 By: Mayor Date: ATTEST: MMIM W= L' I W a !- ceffika t I XT.M. 102 111 7 Date: Z" -/V-/- Page 4 of 5 Agreement D13 -012 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 ORANGE Date: By SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By Susan Novak Clerk of the Board of Supervisors Orange County, California APPROVED AS TO FORM. County Counsel By Deputy Date: Chairman of its Board of Supervisors Page 5 of 5