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Home My WebLink AboutCC 10 IMPROVE WARNER 02-01-93CONSENT CALENDAR NO. 10 2-1-93 AGE N DA Inter-ComLt'v DATE. FEBRUARY 11 1993 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION COOPERATIVE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE SUBJECT: CITY OF TUSTIN FOR THE IMPROVEMENT OF WARNER AVENUE FROM SR -55 TO REDHILL AVENUE RECOMMENDATIONS: It is recommended that the City Council, at their meeting of February 1, 1993, authorize the Mayor to sign and the City Clerk to attest to the subject agreement. The original copies of the agreement have been sent to the City Attorney for approval. BACKGROUND: The agreement provides for the improvement of Warner Avenue from SR -55 to Red Hill Avenue. The scope of the project is to reconstruct and/or rejuvenate and resurface the highway pavement. Related work on the project will include traffic striping and pavement markers, detection loops, sidewalk, curb and gutter and median repair and adjustment of manholes and water valves to grade. The joint effort between the two agencies will allow the entire street to be improved in lieu of just one half of the street. . The subject agreement approved verbally by the will be sent to Santa execution by the City of has been reviewed and City of Santa Ana and it Ana for signature after Tustin. The estimated construction cost of the project is two hundred twenty thousand dollars ($220,000). This project has been approved for 50% funding ($110,000) by the 1992-93 Arterial Highway Financing Program (AHFP). The City of Santa Ana will reimburse the City of Tustin for Santa Ana's portion of the construction costs, which is estimated to be $50,000, and the City of Tustin's cost is estimated to be $60,000. City funding for this project has been included within the 1992-93 Capital Improvement Program. C14� Robert Ledendecker Director of Public Works/City Engineer Wisam Altowaiji Associate Civil Engineer RL:WA:ccg:coopagr COOPERATIVE AGREEMENT BETWEEN.THE CITY OF SANTA ANA AND THE CITY OF TUSTIN FOR IMPROVEMENT OF WARNER AVENUE FROM SR -55 TO RED HILL AVENUE ri THIS AGREEMENT, dated for convenience as of is made and entered into by and between the CITY OF SANTA ANA (hereinafter referred to as "Santa Anal'),, and the CITY OF TUSTIN (herein after referred to as "Tustin"), municipal corporations of the State of California. W I T N E S S E T H: RECITALS: A. Tustin and Santa Ana desire to improve Warner Avenue from SR -55 to Red Hill Avenue. The scope of the Project is to reconstruct and/or rejuvenate and resurface the highway pavement. Related work on the Project will include traffic signing, striping and pavement markers, sidewalk, curb and gutter, and median repair and adjustment of manholes and water valves to grade. The Project is included in the 1992-93 Arterial Highway Financing Program (AHFP). This work will hereinafter be referred to in this Agreement as the "Project". B. The City of Tustin will act as Lead Agency for the Project. Tustin will provide materials report, survey, design and inspection engineering for the Project; will process Project plans, specifications and cost estimates to Santa' Ana, AHFP and public utilities offices for review; and will administer Project contract bidding, award and construction. C. Santa Ana will review and comment on Project plans, specifications and estimates prior to contract bidding. D. The total cost of the Project is estimated to be Two Hundred Twenty Thousand Dollars ($220,000). The total estimated cost will be divided between the parties and AHFP as follows: Tustin Santa Ana AHFP Total Design and Construction $60,000 $50,000 $110,000 $220,000 E . Santa Ana and Tustin are each empowered by law to expend public monies to improve Warner Avenue. F. Santa Ana and Tustin desire to accomplish all of the needed work as described herein by a single public works project in which Tustin will act as the Lead Agency, and Santa Ana will reimburse Tustin for Santa Ana's portion of the materials report, survey, design and construction costs. WiiEREFORE, the Parties hereto do hereby agree as follows: Section 1: The "Protect" The Project shall include the improvement of Warner Avenue from SR -55 to Red Hill Avenue as described in the Recitals of this Agreement. Section 2: Tustin's Responsibilities Tustin shall act as the Lead Agency for the work and shall provide preliminary design, materials report, survey, final design and construction engineering. Tustin shall also be solely responsible for the preparation and award of the contract pursuant to public bid requirements for the construction of the Project, including the portion of the Project that is in Santa Ana. Tustin shall be responsible for the preparation of all legal documents, including the Notice Inviting Bids, Instructions to Bidders, and the related construction agreements, surety bonds and insurance certificates. Tustin shall be solely responsible for the administration and performance of the contract awarded to the contractor for the construction of the Project. section 3: Santa Anals Responsibilities The City of Santa Ana shall review and comment upon Project plans, specifications and estimates in a timely manner prior to contract bidding. r Section 4: Compliance with AHFP Procedure Manual Tustin shall comply with the policies and procedures outlined in the AHFP Procedure Manual in carrying out the Project so that the Project will be eligible for AHFP Funds as set forth in the Recitals. Section 5: Rights of Access Santa Ana shall have the right to access to the construction site of the Project for purposes of inspection of all of the improvements. Section 6: Costs Tustin shall pay all costs associates with the design and construction of the Project subject to reimbursement for fifty percent (50%) of eligible items of the ProJect design and construction costs by AHFP Funds and subject to Santa Ana's reimbursement for Santa Ana's portion of the design and construction costs. The Parties agree that the preliminary estimate of Santa Ana's share of the cost is fifty thousand dollars ($50,000). Section 7: Cost Estimate Exceeded In the event the sealed bids submitted by *the lowest responsible bidder for the construction of the Project show that Santa Ana's portion of the Project costs will exceed the preliminary estimate by ten percent (10%), Tustin shall not award such contract and shall not bind Santa Ana hereunder without the prior written consent of Santa Ana. Section 8: Environmental Requirements Tustin shall act as the Lead Agency for the processing of r environmental impact assessments, studies, reports and award of the contract and shall be responsible for full compliance with the provisions of the California Environmental Quality Act ( "CEQA" ) for the entire Project. Section 9: Change Orders The prior approval of Santa Ana's City Engineer shall be obtained for all change orders issued by Tustin pertaining to the construction of the Project. Change orders issued without Santa Ana's approval shall not be eligible for reimbursement from Santa Ana. Oral approval shall be valid only if confirmed in writing by Santa Ana's City Engineer. Section 10: Payment Santa Ana shall reimburse Tustin for Santa Ana's proportionate share of the total as built Project costs within in thirty (30) days after receipt of an invoice from Tustin. Section 11: Hold Harmless Neither Santa Ana nor Tustin shall be liable for the acts or omissions of the other. Each party shall protect, defend, indemnify and hold the other and is respective officers and employees harmless from and against any and all claims, actions, expenses, liabilities and losses incurred by one of the Parties f hereto as a result of any property damage or personal injury, including death, suffered or allegedly suffered by any person, and caused by any wrongful act or omission of the other Party. Section 12: Insurance Tustin shall require the contractor for the Project to maintain a policy of comprehensive or commercial general liability insurance for personal injury and property damage, including motor vehicles, for the duration of the contract, in amounts and in a form satisfactory to the City Attorneys of both Parties. Said policy shall name both Cities and their officers, agents and employees as additional insureds. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date and year first above written. CITY OF SANTA ANA ATTEST: Clerk of the Council APPROVED AS TO FORM: City Attorney ATTEST: Clerk of the Council APPROVED AS TO FORM: City Attorney COOPAGRE Mayor APPROVED AS TO CONTENT City Manager APPROVED AS TO CONTENT City Engineer CITY OF TUSTIN Mayor APPROVED AS TO CONTENT: City Engineer