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Home My WebLink About08 SLURRY SEAL VAR STS 05-20-96AGE N NO. 8 5-20-96 DATE: MAY 20, 1996 inter-Com TO: FROM- SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEFRING DIVISION COOPERATIVE AGREEMENT NO. D96-005 WITH THE COUNTY OF ORANGE TO PROVIDE FOR THE SLURRY SEAL OF VARIOUS STREETS RF~OMMENDATION It is recommended that the City Council, at their meeting of May 20, 1996, authorize the Mayor to sign and the City Clerk to attest to Cooperative Agreement No. D06-(I)5 with the County of Orange. FISCAL IMPACT The estimated cost, for repair and slurry seal of those portions of streets located within the City limits, is $17,000.00. The City's share for the construction of this project, based on actual bid prices, will be deposited with the County after the open~g of bids and upon the County's request. Funds will be derived from the 1996-97 FY Major Maintenance Capital Improvement Program (No. 700001). BACKGROUND The subject agreement provides for the repair and slurry seal of various streets, within the City limits, under a street rehabmtation project by the County entitled "Slurry Seal of Various Streets in Orange County, 1995'96'. The agreement outlines four streets as shown on the attached exhibit, in which the City will be participating in the County's slurry seal project. This joint effort between the two agencies will allow the entire street to be resurfaced, in lieu of only half of the street. Director of Public Works/City Engineer Nestor Mondok Assistant Civil Engineer BOULEVARD L~ STREET STREE~ Agreement No. D96-005 AGREEMENT THIS AGREEMENT, made and entered into this , 19 BY AND BETWEEN .day of ' The CITY OF TUSTIN, a municipal corporation, hereinafter designated as "CITY," The COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter designated as "COUNTY." limits: RECITALS WHEREAS, COUNTY proposes to slurry seal the following streets and Holt Avenue Laurinda Way Prospect Avenue Warren Avenue Irvine Boulevard to 17th Street Leafwood Lane to santa Clara Avenue 17th Street to North Tustin Channel Holt Avenue to Newport Avenue hereinafter referred to as PROJECT; and WHEREAS, a portion of PROJECT is within CITY limits; and WHEREAS, CITY wishes to have its portion of PROJECT improved as part of COUNTY's contract for PROJECT; and WHEREAS, PROJECT is included in plans dated February, 1996, titled Slurry Seal of Various Streets in Orange County, 1995-96; and WHEREAS, PROJECT is declared CATEGORICALLY EXEMPT from CEQA (14CCR15301(c)); and WHEREAS, COUNTY and CITY wish to define areas of responsibility for the design, construction and inspection of PROJECT. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: I. COUNTY SHALL: -- i -- Agreement No. D96-005 A. Be and is hereby designated as Project Engineer, Contracting · and Construction Agent for the parties to do and perform all things necessary in order to design and construct PROJECT in accordance with the approved plans and specifications and to execute and deliver all documents required in connection · ~ith-the construction and completio~ of said PROJECT, including its Notice of Completion and Final Accounting Report. B. Submit plans and specifications to CITY for review and approval by the City Engineer or his designee, hereinafter referred to as "CITY ENGINEER,,, as to design and construction features affecting PROJECT within CITY limits. C. During the period of construction, have jurisdiction over the construction area including that portion within CITY limits. D. Obtain the written concurrence of CITY ENGINEER prior to making field decisions and/or issuing PROJECT change orders affecting PROJECT'S design and/or costs by 10% or greater of the CITY'S deposit to COUNTY for any · portion or portions of PROJECT within CITY limits. E. Not accept improvements under the contract for PROJECT until , CITY ENGINEER approves, in writing, the construction as it affects the operations and maintenance of PROJECT within CITY limits. F. Furnish and deliver to CITY, if requested, all documents required in connection with the construction and comPletion of PROJECT. II. CITY SHALL: A. Review fo'r approval by CITY ENGINEER the plans and specifications as to design and construction features affecting the construction, operation and maintenance of~the portion of PROJECT within CITY limits. B. Be responsible for the entire total cost of construction and any approved extra work for that portion of PROJECT construction within CITY limits plus a proportionate share of the engineering and inspection costs based - 2 - Agreement No. D96-005 on the ratio of CITY'S construction costs to the total contract construction costs. The portion of PROJECT within CITY limits shall be as CiTY boundaries. exist at the time COUNTY's Board of' Supervisors awards the contract for PROJECT. Said total cost will be determined by multiplying the awarded contract's actual bid unit price by the total number ~f work item units within CITY limits. The estimated cost for CITY's portion of PROJECT's construction cost is approximately Seventeen Thousand Dollars ($17,000) including engineering and inspection costs, and in no event shall the final construction cost to CITY exceed Eighteen Thousand Five Hundred Dollars ($18,500) without written approval of CITY ENGINEER. In the event the contract's actual bid total cost for CITY's portion of PROJECT (excluding engineering and inspection) exceeds Fifteenn Thousand One Hundred Dollars ($15,100), CITY may cancel this agreement within ten (10) working days following notification by COUNTY and after bid opening. ' C. At all times during the progress of construction of PROJECT . within CITY limits, have access to the work thereof for the purpose of inspection and, should CITY deem any remedial measures to be necessary, CITY shall notify COUNTY thereof. D. Review completed construction for PROJECT and give COUNTY approval to accept improvements within CITY limits. Approval shall be withheld only for work not completed per the approved plans and specifications and approved ~xtra work. E. Not withhold any approval or concurrence without good cause. III. PAYMENTS AND FINAL ACCOUNTING: A. After COUNTY receives bids for PROJECT construction, CITY will, upon COUNTY's request, deposit with COUNTY, CITY's share of PROJECT's construction costs based on actual bid prices. B. Within ninety (90) days after acceptance of the improvement under the contract by COUNTY, COUNTY shall submit to the ciTY for re¥iew and -- 3 -- Agreement No. D96-005 approval by CITY ENGINEER a Final Accounting Report for PROJECT. If said Final Accounting Report as approved by CITY ENGINEER shows _ that the total cost to CITY is less than the amount deposited with COUNTY, COUNTY shall promptly reimburse CITY the difference between the amount deposited and the · actual cost. If said Final Accounting Report as approved by CITY ENGINEER shows · that the total cost to CITY is more than the amount deposited by CITY, CITY shall promptly reimburse COUNTY for the difference between the amount deposited and the actual cost subject to the provisions_of Section II B. .. IV. IT IS MUTUALLY UNDERSTOOD AND AGREED: , A. Upon acceptance of the improvements under the contract by COUNTY, CITY shall accept maintenance responsibility for the portion of PROJECT within CITY limits. B. ' Pursuant to and in accordance with Section 10532 of the California Government Code, and as this contract involves expenditures of State funds aggregating in excess of Ten Thousand Dollars ($10,000), the parties shall be subject to the examination and audit of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. C. That 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, 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.under or in connection with any work, authority, or jurisdiction delegated to COUNTY under this agreement. D. That neither COUNTY nor any officer or employee thereof shall -- 4 -- Agreement No. D96-005 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 not delegated to COUNTY under this agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend, 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 or in connection with any work, authority, or jurisdiction not delegated to COUNTY Under this agreement. III III III III III III III III III III III III III ' III . III II/ /// I// I// - 5 - Agreement No. D96-005 IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed by the Chairman of its Board of Supervisors and attested by its Clerk, all thereunto duly authorized by the City Council and the Board of Supervisors, respectively. CITY OF TUSTIN A municipal corporation Dated: 19 , By: Mayor ATTEST: APPROVED AS TO FORM: Clerk of the Council By: Ci~ ~orn~ COUNTY OF ORANGE A political subdivision of the State of California Dated: , 19 By: Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD APPROVED AS TO FORM: LAURENCE M. WATSON, CHIEF ASSISTANT COUNTY COUSEL ORANGE COUNTY, CALIFORNIA Kathleen E. Goodno Clerk of the Board of Supervisors of Orange County,. California /// PFA:as/6009(PWO-22-3 Orig.) 6010810223323 By: Date' - 6 -