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Home My WebLink AboutCC 4 COOP AG D93-145 11-15-93AGENDA ' CONSENT CALENDAR NO. 4 11-15-93 .,)ATE: NOVEMBER 15, 1993 Inter-Corn /O: WILLIA_M A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION COOPERATIVE AGREEMENT NO. D93-145 WITH THE COUNTY OF ORANGE SUBJECT: TO PROVIDE FOR THE SLURRY SEAL OF VARIOUS STREETS RECOMMENDATION It is recommended that the City Council, at their meeting of November 15, 1993, authorize the Mayor to sign and the City Clerk to attest to the subject Cooperative Agreement. FISCAL IMPACT The estimated cost, for repair and slurry seal of those portions of streets located within the City limits, is $5,100.00. 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 Major Maintenance Program. BACKGROUND The subjecz agreement provides for the repair and slurry seal of various s~reets, within the City limits, under a street rehabilitation project by the County e~titled "Slurry Seal of Various Streets in Orange County, 1993-94". The agreement outlines four streets 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. Robert S. Ledendecker Director of Public Works/ City Engineer Nestor Mondok Assistant Civil Engineer RSL :NM:klb:coagree Attachment LINTY OF 1 Lq93 TUSTIN PUBLIC WORKS DEPT. EHVIRONMENTAL MANAGEMENT AGENCY PUBUC WORKS MICHAEL M. RUANE DIRECTOR, EMA WILUAM L ZAUN !CTOR OF PUBLIC WORKS LOCATION: 300 N. FLOWER ST SIXTH FLOOR SANTA ANA, CALIFORNIA MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702-4048 TELEPHONE: (714) 834-5447 FAX # 834-2870 October 19, 1993 File: N500 Mr. Robert Ledendecker, Director Public Works City of Tustin 300 Centennial Way Tustin, CA 92680 Subject: Cooperative Agreement No. D93-145, Slurry Seal of Various Streets in Orange County. Dear Mr. Ledendecker: Enclosed are the original, and four (4) copies of Cooperative Agreement No. D93-145, for the slurry seal of various streets in .Orange County. If the agreement meets with your approval, please have it executed on behalf of the City and return the original and three (3) copies, together with a certified copy of the City Council Minutes, for further processing. A fully executed copy of.the agreement will be mailed to you upon completion. Very truly yours, W. M. Reiter, Manager EMA/Public Works Operations TK:mb/3252 3090914040101 Enclosures 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement No. D93-145 AGREEMENT THIS AGREEMENT, made and entered into this day of , 19 BY AND BETWEEN The CITY OF TUSTIN, a municipal corporation, hereinafter designated as "CITY," The COUNT Y OF ORANGE, a political subdivision of the State of California, hereinafter designated as "COUNTY." W I TNE S SETH WHEREAS, COUNTY proposes to Slurry Seal the following streets and limits: Melvin Way Nixon Circle River Ford Road Woodland Drive Redhill Avenue to Dean street River Ford Road N & S to End Browning Avenue to Nixon Circle Melvin Way 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 WHEREAS, PROJECT is included in plans dated September 1993, titled Slur~I Seal of Various Streets in Orange County; 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: - 1 - 3 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 Agreement No. D93-145 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 PROJECT change orders or field changes that affect PROJECT's design and/or costs by 10% or more of CITY's deposit to COUNTY for any portion or .portions of PROJECT within CITY. 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, 28 - 2 - 9 10 11 12 __ 13 14 15 16 17 18 19 2O 21 22 23 24 25 27 28 Agreement No. D93-145 inspection, contract administration and any approved extra work for that portion of PROJECT construction within CITY limits, as CITY boundaries exist at the time COUNTY's Board of Supervisors accepts improvements constructed under contract for PROJECT. Said total cost will 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 Five Thousand One Hundred Dollars ($ 5,100.00) and in no event shall the final construction cost to CITY exceed Five Thousand Six Hundred Dollars ($ 5,600.00) without written approval of CITY ENGINEER. In the event the contract's actual bid total cost (excluding inspection and contract administration) for CITY's portion of PROJECT exceeds Four Thousand Nine Hundred Dollars ($4,900.00), CITY may cancel this agreement within ten (10) working days 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 ~ood 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 -- 3 -- 3 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Agreement Nc. D93-145 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 UNDERSTOODANDAGREED: 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, in the event that this contract involves e×~enditures 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 C~neral of the State of California for a period of three (3) years after..final pal~ment under this Contract. C. That neither CITY nor any officer or employee theresf shall be responsible for any damage or liability occurring by reason of any~hin~ done or · omitted to be done by COUNTY under or in connection with any work, au~tority, 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 %~rk, -- 4 - Agreement No. D93-145 8 9 10 11 12 "-13 14 15 16 17 18 19 20 21 22 23 24 25 27 authority, or jurisdiction delegated to COUNTY under this agreement. 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 now 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 byGovernment 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 28 - 5 - 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 Agreement No. D93-145 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: City Attorney COUNTY OF ORANGE A political subdivision of the State of California Dated: , 19 By: Chairman, Board of Supervisors SIGNED DJgD CERTIFIED THAT A COPY OF THIS DOC~ME~ HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Phyllis A. Henderson Clerk of the Board of Supervisors of Orange County, California /// PFA:mk/3246 3091307135355 - 6 - APPROVED AS TO FORbI: TERRY C. ANDRUS, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Date