The URL can be used to link to this page

Home My WebLink About09 RESUR VAR STS 06-17-96AGE N N0..9 6-17-96 DATE: .RJNB ]7, i996 Inter-Com TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJEr, T: COOPERATIVE AGREEMENT NO. D96-018 WITH THE COUNTY OF ORANGE TO '" -PROVIDE FOR THE OVERLAY RESURFACING OF VARIOUS STREETS · RECOMMENDATION It is recommended that the City Council, at their meeting of June 17, 1996, authorize the Mayor to sign and the City Clerk to attest to Cooperative Agreement No. D96-018 with the County of Orange. FISCAL IMPACT The estimated cost, for ~ and asphalt concrete overlay re. surfacing of those portions of streets located within the City limits, is $38,500.00. The City's share for the construction of this project, based on actual bid prices, will be deposited with the County after the opening 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 asphalt concrete overlay/resurfacing of various streels, within the City limits, under a street rehabilitation project by the County entitled "Asphalt Overlay Resurfacing of Various Streets in Orange County, 1995-96". The work in general consists of overlaying with new asphalt concrete including preparatory work of removing and replacing deteriorated pavement, crack sealing, raising utilities' covers and other related work. The agreement outlines three streels as shown on the attached exhibit, in which the City will be participating in the County's overlay resurfacing project. This joint effort between the two agencies will allow the entire street to be resurfaced, in lieu of only half of the street. Tim D. Sexlet Director of Public Works/City Engineer Nestor Mondok Assistant Civil Engineer ~AN3^ V zt/.zt ttz&t 'J,~ YQNl~nYq · 'UCI ¥1J.3b:O'l '~0 QNn¥SO~ J ~.03dSOUd -'TO/gY~O_..~O Xj.~OO t~Z~t '~lO 3.LIS3AOU9 'bio YN3'l¥lq $. O00O ~9~ __ SDN~4 YS ~ tog/. t 7~H303~ ~ VNV VJ.J~V£ WO Xll2 AYM:I]~hl {SS-IlS) Agreement No. D96-018 AGREEMENT THIS AGREEMENT, made and entered into this · 19 day of BY AND BETWEEN 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 ~s "COUNTY." RECITALS WHEREAS, COUNTY proposes to resurface with asphalt concrete the following streets and limits: Prospect Avenue Medford Avenue Henstrid9e Circle Fairhaven Avenue to 17th Street Grovesite Drive to End Medford Avenue to End 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 A~EREAS, PROJECT is included in plans dated April, 1996, titled Asphalt Overlay Resurfacing of Various Streets in Orange County, 1995-96; and ~E~EREAS, PROJECT is declared CATEGORICALLY EXEMPT from CEQA (14CCR15301(c)); and N"HEREAS, COU1TrY ahd 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: - ! - Agreement No. D96-018 I. COUNTY sHALL: 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 with the construction and completion 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 for 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 exnra work for that portion of PROJECT construction within CITY - 2 - Agreement No~ D96-018 limits plus a proportionate share of the engineering and inspection costs based 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 ~ill be determined by multiplying the awarded contract's actual bid unit price by the total number of work item units within CITY limits. The estimated cost for CITY's portion of PROJECT's construction cost is approximately , Thirty Eight ThOusand Five Hundred Dollars ($38,500) including engineering and inspection costs, and in no event shall the final construction cost to CITY exceed Forty Two Thousand Four Hundred Dollars ($42,400) without written approval of CITY. In the event the contract's actual bid total cost for CITY's portion gf PROJECT (excluding engineering and inspection) exceeds Thirty Two Thousand Three Hundred Dollars ($32,300), 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 extra work. E. Not withhold any approval or concurrence without good cause. III. PAYMENTS AND FINAL ACCOI/NTING: · 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 - 3 - Agreement No. D96-018 under the contract by COUNTY, COUNTY shall submit to the CITY for review and 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, 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 o 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 shalI 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. - 4 Agreement No. D96-018 D. That 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 not delegated to C0UNTYunder 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 /// /// /// - 5 - Agreement No. D96-018 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 m~unicipal corporation Dated: , 19 By: Mayor ATTEST: APPROVED AS TO FORM: Clerk of the Council By: City Attorney 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- Kathleen E. Goodno Clerk of the Board of Supervisors of Orange County, California /// PFA:as/6009(PWO-22-3 Orig.) 6010810223323 APPROVED AS TO FORM: LAURENCE M. WATSON, CHIEF ASSISTANT COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Date - 6 -