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HomeMy WebLinkAboutCC 7 BARRANCA REHAB 11-07-94 NO. 7 11-7-94 Inter-Com ..,ATE: NOVEMBER 7, 1994 TO: FROM: SUBJEC~ WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION REIMBURSEMENT AGREEMENT FOR THE BARRANCA PARKWAY REHABILITATION PROJECT (RED HILL AVENUE TO PETERS CANYON WASH) RECOMMENDATION It is recommended that the City Council, at their meeting of November 7, 1994, approve the subject agreement with the City of Irvine and authorize the Mayor and the City Clerk to execute the document on behalf of the city of Tustin. FISCAL IMPACT The estimated matching contribution (50%) of construction costs for the city of Tustin (Tustin) is $45,000.00. These costs have been budgeted for within the FY 1994-95 Capital Improvement Project Funds Major Maintenance Program (Project No. 700001). BACKGROUND The City of Irvine (Irvine) applied for and has been approved for 1994-95 FY 50% AHFP funding, with 50% matching by the local agencies, for the rehabilitation of Barranca Parkway between Red Hill Avenue and Peters Canyon Wash. Tustin was asked to participate in their fair share of the cost of the project. DISCUSSION Irvine as the lead agency is responsible for the design and construction of the improvements. Through the subject agreement, the City of Tustin agrees to participate (50% matching contribution together with 50% AHFP funding) in the rehabilitation only of that portion of Barranca Parkway within the city limits of Tustin. Tustin shall reimburse its fair share of specific rehabilitation costs, as itemized in Exhibit "A" of the subject agreement, and not to exceed $45,000..00. Director of Public Works/ City Engineer Nestor Mondok Assistant civil Engineer REIMBURSEMENT AGREEMENT FOR BARRANCA PARKWAY REHABILITATION COST RED HILL TO PETERS CANYON WASH, CIP 5119 THIS AGREEMENT is made and entered into this day of , 199 , by and between the City of Irvine, a municipal corporatio--~, hereinafter designated "IRVINE" and the city of Tustin, a political subdivision of the State of California, hereinafter designated "TUSTIN." W I T N E S S T H WHEREAS, IRVINE desires to rehabilitate that portion of Barranca Parkway between Red Hill Avenue and Peters Canyon Wash, (hereinafter referred to as "PROJECT"), in accordance with materials report prepared by the Orange County E.M.A. dated September 15, 1992, indicating the need for the roadway rehabilitation within the PROJECT limits and WHEREAS, IRVINE has requested funding for, and has been approved for, 50% AHFP funding, with 50% matching contribution by the cities of Irvine and Tustin. WHEREAS, the street to be rehabilitated lies partly within the corporate boundaries of TUSTIN; and WHEREAS, TUSTIN agrees to participate with IRVINE, to include as part of the PROJECT, rehabilitation, identified as "TUSTIN IMPROVEMENTS" (hereinafter referred to as "IMPROVEMENTS") itemized in Exhibit "A" and shown on Rehabilitation Plans dated May 19, 1994; and W}{EREAS, IRVINE agrees to provide and pay costs for design and construction of IMPROVEMENTS, Tustin agrees to reimburse Irvine for Tustin's fair share of construction costs. WHEREAS, TUSTIN agrees to reimburse IRVINE for costs associated with constructing the IMPROVEMENTS as indicated on Exhibit "A" in accordance with the terms and conditions of this agreement. re~ 04-11-94 A"fTACHM ENT 1 - NOW, THEREFORE, the parties hereto agree as follows: I. IRVINE: A. Shall be and is hereby designated as Lead Agency for PROJECT and shall prepare and process all necessary environmental documents required by the California Environmental Quality Act of 1970 (CEQA), as amended. B. Shall 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 said IMPROVEMENTS in accordance with plans and specifications as approved by TUSTIN, and to execute and deliver all documents required by participating funding sources in connection with the construction and completion of said IMPROVEMENTS, including its Notice of Completion. C. Shall address all TUSTIN standards, policies, and procedures, including compliance to design, construction standards, and final plans and specifications approved by the Tustin Director of Public Works/City Engineer and shall obtain right-of- way construction permits and coordinate inspection services for IMPROVEMENTS. D. Shall obtain bids for construction items associated with IMPROVEMENTS. Said bid results shall be submitted to TUSTIN for review prior to awarding a contract for the work. TUSTIN shall have a period of five (5) working days from the receipt of the bid results for review. E. Shall inform TUSTIN during construction, of proposed Change Orders that affect work or costs to Tustin, to said contract, a maximum of five (5) working days after determination of changed conditions to the contract and provide copies of said Change Orders to TUSTIN prior to issuance to the Contractor, which shall be subject to TUSTIN approval if and to the extent any of the IMPROVEMENTS are affected thereby. F. Shall prepare a final accounting Of the actual costs of IMPROVEMENTS within sixty (60) calendar days following acceptance of IMPROVEMENTS and will provide a detailed cost breakdown of J.mprovements to be shared by the City of Tustin. " II. TUSTiN: A. Shall be and is responsible for 50% of the costs of IMPROVEMENTS as indicated on Exhibit "A" including construction and construction engineering. Total estimated cost for IMPROVEMENTS is $90,000.00, provided, however, the amount to be reimbursed to IRVINE shall be based on the final accounting of costs and is not to exceed $45,000.00 unless otherwise agreed. 2 B. Shall in accordance specifications, accept the IMPROVEMENTS when completed by IRVINE with all requirements of the plans and including approved Change Orders. C. Tustin will include the cost of these improvements in their proposed FY 1994-95 Budget. Upon approval of the Budget, Tustin shall provide payment to IRVINE within thirty (30) calendar days following receipt of each invoice. D. Shall issue no-fee permits to IRVINE where necessary. E. Shall not unreasonably withhold review and/or approvals of documents submitted by IRVINE in accordance with the terms of this Agreement. III. It is MUTUALLY UNDERSTOOD AND AGREED: A. That either TUSTIN or IRVINE shall have the right to terminate this Agreement at any time, subject to the provisions of this section. If at the request or direction of TUSTIN, construction of IMPROVEMENTS is not accomplished or completed, TUSTIN shall remain obligated for costs incurred for construction only by IRVINE prior to termination. B. That neither TUSTIN 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 IRVINE under or in connection with any work, authority, or jurisdiction delegated to IRVINE under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, IRVINE shall fully indemnify, defend, and hold TUSTIN 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 IRVINE under or in conjunction with any work, authority, or jurisdiction delegated to IRVINE under this Agreement. C. That neither IRVINE 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 TUSTIN under or in connection with any worki authority, or jurisdiction delegated to TUSTIN under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, TUSTIN shall fully indemnify, defend, and hold IRVINE 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 TUSTIN under or in conjunction with any work, authority, or jurisdiction delegated to TUSTIN under this Agreement. 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ' LcITY ~A~TORNE~ CITY OF TUSTIN By: MAYOR By: CITY CLERK Approved as to form: EXHIBIT "A" TO REIMBURSEMENT AGREEMENT FOR BARRANCA PARKWAY REHABILITATION COST RED HILL TO PETERS CANYON WASH, CIP 5119 COST ESTIMATE FOR CITY OF TUSTIN OBLIGATION FOR PORTION OF BARRANCA PARKWAY REHABILITATION WITHIN THE CITY OF TUSTIN Item Description Estimated Qt¥ Unit Price Total Price $2,500.00 $49,654.00 1. Mobilization L.S. $2,500.00 2. Remove AC (.42 ft.) and 45,140 sf $1.10 replace with .42 ft AC AC Overlay (.08'~Fabric~.12') 4. Cold Plane 86 sy $1.98 $170.28 5. AC Feather 37,750 sf $0.18 $6,795.00 6. Pavement Marking Stencils 150 sf $1.20 $180.00 7. 12" Solid White Stripes 125 if $0.88 $110.00 8. 6" White Bike Lane Stripe 4,960 if $0.19 $942.40 9. 6" White Bike Intersection 970 if $0.16 $155.20 10. Traffic Control L.S. $2,500.00 $2,500.00 Construction Total $81,211.88 Construction Contingencies including 3. 662 ton $27.50 $18,205.00 Inspection, Construction Enqineerinq ~ 10% $8,121.19 TOTAL $89,333.07 ESTIMATED CITY OF TUSTIN COSTS BASED ON 50% SHARE OF CONSTRUCTION ...................... $45,000.00 This estimate was prepared reflecting only the agreed upon portion to be paid by the City of Tustin (as itemized above) of actual costs of roadway rehabilitation within the City of Tustin. The remaining portion of the PROJECT not shown above and all costs associated with widening will be paid by Irvine or other funding sources. Rehabilitation has been approved for reimbursement by AHFP. 5119AGREEMENT2 5