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HomeMy WebLinkAbout09 COOPERATIVE AGREEMENT D13-110 AND RESOLUTION NO. 14-15�. Agenda Item 9 AGENDA REPORT Reviewed: City Manager Finance Director E MEETING DATE: FEBRUARY 4, 2014 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER SUBJECT: APPROVE COOPERATIVE AGREEMENT NO. D13 -110 WITH THE COUNTY OF ORANGE FOR FUNDING OF ROADWAY IMPROVEMENTS IN THE CITY OF TUSTIN AND ADOPT RESOLUTION NO. 14 -15 DECLARING PORTIONS OF CERTAIN CITY ROADWAYS TO BE COUNTY HIGHWAYS FOR PURPOSES OF CONSTRUCTION SUMMARY In an effort to coordinate and include certain City streets within the County of Orange slurry seal project on Laurinda Way and Prospect Avenue and its pavement rehabilitation project on Holt Avenue, Santa Clara Avenue, and Warren Avenue, within the City of Tustin, Cooperative Agreement No. 13 -110 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. D13 -110 with the County of Orange for the Slurry Seal of Various Streets in Orange County 2013 -14 Project ( "Phase 1 Project ") and the Asphalt Overlay Resurfacing of Various Streets in Orange County 2013 -14 Project ( "Phase 2 Project "), and adopt Resolution No. 14 -15, declaring portions of Laurinda Way, Prospect Avenue, Holt Avenue, Santa Clara Avenue, and Warren Avenue 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. D13 -110 the City will reimburse the County for the cost of performing the street improvement construction work under City jurisdiction in the estimated amount of $31,038 for the Phase 1 Project and $266,653 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 2014/2015 Annual Roadway and Public Infrastructure Maintenance Program CIP 70001 and contribute to the overall Maintenance of Effort (MOE) requirements for Measure M2. CORRELATION TO THE STRATEGIC PLAN This project contributes to the fulfillment of two goals in the City's Strategic Plan. First is implementation of Goal B, Strategy #3 to ensure public safety and protection of assets through continuous maintenance and improvement of public facilities. The project also addresses Goal D, Strategy #2 by working collaboratively with agencies to address issues of mutual interest and concern. Approve Cooperative Agreement No. D13 -110 with County of Orange February 4, 2014 Page 2 DISCUSSION AND BACKGROUND The County of Orange is moving ahead with its project to slurry seal Laurinda Way from Leafwood Lane to Santa Clara Avenue, Prospect Avenue from 17th Street to 0.24 miles north of 17th Street, and Prospect Avenue from south of Theodora Drive to north of Arbolada Way as part of its Slurry Seal of Various Streets in Orange County 2013 -14 Project ( "Phase 1 Project "), and its project to resurface Holt Avenue from Irvine Boulevard to 0.03 miles north of Irvine Boulevard, Holt Avenue from north of Irvine Boulevard to south of Bigelow Park, Santa Clara Avenue from Fairmont Way to west of Ethelbee Way, and Warren Avenue from Holt Avenue to Newport Avenue as part of its Asphalt Overlay Resurfacing of Various Streets in Orange County 2013 -14 Project ( "Phase 2 Project "), with portions of those roadways lying within City of Tustin jurisdiction. Cooperative Agreement No. D13 -110 has been prepared wherein work will be performed by the County and the County will be 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. D13 -110 as to form. r* yr) V o. Stack, P.E. r f Public Works /City Engineer Attachment 1: Cooperative Agreement No. D13 -110 Attachment 2: Resolution No. 14 -15 S: \City Council Items\2014 Council Items \02- 04- 2014\Approval of Coop Agmt #D13 -110 w County\Approval of Coop Agmt #D13 -110 w County.docx ATTACHMENT 1 Cooperative Agreement No. D13 -110 Agreement No. D 13 -110 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 2013 (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 County and City shall sometimes be referred to separately as a "Party" and collectively as the "Parties." RECITALS A. The County of Orange proposes to rehabilitate the roadways as part of Slurry Seal of Various Streets in Orange County 2013 -14 on Laurinda Way from .05 miles north of Leafwood Lane to Santa Clara Avenue, the west side of Prospect Avenue from 17 1h Street to .24 miles north of 17`" Street, and the west side of Prospect Avenue from .04 miles south of Theodora Drive to .03 miles north of Arbolada Way ( "Phase 1 Project "), and as part of Asphalt Overlay Resurfacing of Various Streets in Orange County 2013- 14, Holt Avenue from Irvine Blvd to .03 miles north of Irvine Blvd, the east side of Holt Avenue from .03 miles north of Irvine Blvd to .01 miles south of Bigelow Park, the south side of Santa Clara Avenue from Fairmont Way to .01 miles west of Ethelbee Way, Warren Avenue from Holt Avenue to .06 miles east of Holt Avenue, the south side of Warren Avenue from .06 miles west of Newport Avenue to .02 miles west of Newport Avenue, and Warren Avenue from .02 miles west of Newport Avenue to Newport Avenue 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 1 Project is estimated to be Thirty One Thousand Nine Hundred Twenty Three dollars ($31,038) ( "Phase 1 City Project Cost "); and C. The total construction cost of rehabilitation within the City's area of Phase 2 Project is estimated to be Two Hundred Sixty Six Thousand Six Hundred Fifty Three dollars ($266,653) ( "Phase 2 City Project Cost "); and D. The City has agreed to reimburse the County for the Phase 1 and Phase 2 Project Costs performed within the City's area ( "City Project Area "). AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual covenants and conditions contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: Agreement No. D13 -110 COUNTY OBLIGATIONS 1. County shall design, administer and construct all improvements for the Phase 1 Project and the Phase 2 Project. County shall submit Plans Specifications and Estimates (PS &E) covering work within the City Project Area to the City for review and approval. 2. County shall pass a Resolution declaring City Project Area to be a County highway (as provided for in Section 1700 of the Streets and Highways Code) for purposes of construction. 3. County shall notify City five (5) working days in advance of beginning any portion of the City Project Area. County shall obtain the written concurrence of the City Engineer or his designee ( "City Engineer ") for any contract change orders ( "CCOs ") for the Project, which would require the City to share in the cost. County's contractor will only perform extra work after approval of a CCO by City Engineer. City Engineer shall provide concurrence on CCOs within two (2) business days of County's submittal to City. If City fails to concur with or propose changes to CCO within such time, such CCO shall be deemed approved. County shall be financially responsible for the CCOs that are included in the County /City approved final Project scope of work and City shall be financially responsible for the CCOs that are included in the City Project Area. 4. Prior to accepting improvements under the contract for Project, County shall obtain City Engineer's written approval for the City Project Area improvements. City Engineer shall provide written approval within five (5) business days of County's submittal to City. If City fails to provide written approval or disapproval within such time, City shall be deemed as approving the improvements. Approval shall be withheld only for work not completed per the approved PS &E for Project. 5. 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. 6. 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 forms that are acceptable to City. CITY OBLIGATIONS 7. 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. Agreement No. D13 -110 City shall at all times during the progress of construction of Project within City Project Area, have access to the Project site for the purpose of inspection. Should City Engineer deem any remedial measures to be necessary, City Engineer shall notify County thereof for communication to the contractor within two (2) working days of the work which the City Engineer wishes remediated. If City fails to notify the County, the County is not obligated to remediate the work if County does not believe it is necessary. 9. City shall pay all construction costs incurred for the roadway rehabilitation within the City Project Area. 10. City shall pay all costs for approved CCOs associated with construction of the Project within the City Project Area. If CCOs are required, City Engineer shall have five (5) working days to review and either approve or disapprove costs for CCOs. 11. Upon approval by City Engineer and acceptance of the improvements under the contract by County, City shall assume operation and maintenance responsibility for City Project Area improvements. 12. Within thirty (30) days of receipt of the Final Cost Accounting Report and Invoice 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 13. 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 any 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 omission 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 City 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 attorney's fees and costs, of every type and description to which they may be subjected arising out of any act or omission of, its employees, representatives, agents and independent contractors in connection with the implementation of the actions described in this agreement. 14. Assi ng ment This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. No assignment of either Party's interest in this Agreement shall be made without the written consent of the other Party. 15. 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 Agreement No. D13 -110 Parties; and no oral understanding or agreement not incorporated herein shall be binding on either of the Parties. 16. Severability If any part of this Agreement is held, determined, or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 17. Calendar Days Any reference to the word "day" or "days" herein means calendar day or calendar days respectively, unless otherwise expressly provided. 18. Notices Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows: CITY OF TUSTIN Public Works Department 300 Centennial Way Tustin, CA 92780 Attn: Director of Public Works COUNTY OF ORANGE OC Public Works 300 N. Flower Street P.O. Box 4048 Santa Ana, CA 92703 Attn: 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. 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, in 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. 19. Waiver of Jury 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 connected with this Agreement and /or any other claim of injury or damage. 20. Attorney'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. 21. 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 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. Agreement No. D13 -110 22. Counterparts 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. 23. 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 County 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. City shall pay for any work to City Project Area prior to termination. Agreement No. D13 -110 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: Mayor Date: ATTEST: City Clerk Date: APPROVED AS TO FORM: By: 'I t /IY-, - City ttorney Date: oZ Agreement No. D13 -110 IN WITNESS WHEREOF, the parties hereto have caused this Agreement be executed on the date first above written. COUNTY OF ORANGE A political subdivision of the State of California By: Chairman, 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 Date: APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Date: Exhibit A \slurry seal location maps 2013 -14 combo +title.dgn 12/13/2013 10:50;34 AM Page 1 of 6 Exhibit A N PHASE l: SLURRY SEAL OF VARIOUS STREETS IN ORANGE COUNTY 2013 -14 •,' g NORTHWEST TUSTIN AREA _ W — 4d- m.C— .4d_�__ L RK rNLER. m PARKV�q LARK$ AV. W iE tv KERN. AV. 1 AS LL I TR fl I F4� p/ z -. V, KwK.000 a / Av. 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Ci ty of Tustin —�. overlay location maps 2013- 14.dgn 12/13/2013'10:53`22 AM Page 6 of 6 ATTACHMENT 2 Resolution No. 14 -15 RESOLUTION NO. 14 -15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING PORTIONS OF LAURINDA WAY, PROSPECT AVENUE, HOLT AVENUE, SANTA CLARA AVENUE AND WARREN AVENUE LOCATED WITHIN THE CITY OF TUSTIN TO BE COUNTY OF ORANGE HIGHWAYS DURING CONSTRUCTION OF ROADWAY IMPROVEMENTS BY THE COUNTY OF ORANGE WHEREAS, Laurinda Way from 0.05 miles north of Leafwood Lane to Santa Clara Avenue is designated as a local street and is partially located in the City of Tustin; and WHEREAS, Prospect Avenue from Seventeenth Street to 0.24 miles north of Seventeenth Street is designated as a secondary arterial and is partially located in the City of Tustin; and WHEREAS, Prospect Avenue from 0.04 miles south of Theodora Drive to 0.03 miles north of Arbolada Way is designated as a secondary arterial and is partially located in the City of Tustin; and WHEREAS, Holt Avenue from Irvine Boulevard to 0.01 miles south of Bigelow Park is designated as a secondary arterial and is partially located in the City of Tustin; and WHEREAS, Santa Clara Avenue from Fairmont Way to 0.01 miles west of Ethelbee Way is designated as a secondary arterial and is partially located in the City of Tustin; and WHEREAS, Warren Avenue from Holt Avenue to Newport Avenue 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 Laurinda Way from 0.05 miles north of Leafwood Lane to Santa Clara Avenue, Prospect Avenue from Seventeenth Street to 0.24 miles north of Seventeenth Street, and Prospect Avenue from 0.04 miles south of Theodora Drive to 0.03 miles north of Arbolada Way ( "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 Holt Avenue from Irvine Boulevard to 0.01 miles south of Bigelow Park, Santa Clara Avenue from Fairmont Way to 0.01 miles west of Ethelbee Way, and Warren Avenue from Holt Avenue to Newport Avenue ( "Phase 2 Project'), and portions of those roadways are 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 Laurinda Way, Prospect Avenue, Holt Avenue, Santa Clara Avenue, and Warren Avenue 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: Pursuant to Section 1700, Article 3, Chapter 9, Division 2 of the California Streets and Highways Code, Laurinda Way from 0.05 miles north of Leafwood Lane to Santa Clara Avenue, Prospect Avenue from Seventeenth Street to 0.24 miles north of Seventeenth Street, Prospect Avenue from 0.04 miles south of Theodora Drive to 0.03 miles north of Arbolada Way, Holt Avenue from Irvine Boulevard to 0.01 miles south of Bigelow Park, Santa Clara Avenue from Fairmont Way to 0.01 miles west of Ethelbee Way, and Warren Avenue from Holt Avenue to Newport Avenue, 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. 2. 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 4t" day of February 2014. Elwyn A. Murray, Mayor ATTEST: Jeffrey C. Parker City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Jeffrey C. Parker, 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. 14 -15 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 4tn day of February 2014 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER, City Clerk