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HomeMy WebLinkAbout16 IMPROV JAMBOREE 02-22-94 NO. 16 2-22-94 In t e r-C o rn DATE: FEBRUARY 22, 1994 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION COOPERATIVE AGREEMENT NO. 93-155 BETWEEN THE COUNTY OF ORANGE SUBJEC~ AND THE CITY OF TUSTIN FOR THE IMPROVEMENT ALONG JAMBOREE ROAD BETWEEN I-5 FREEWAY AND NORTHERLY OF IRVINE BOULEVARD RECOMMENDATION: It is recommended that the city Council, at their meeting of February 22, 1994, 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. FISCAL IMPACT: The City's Capital Improvement Program/Budget provides $27,500 for the design phase in 1993-94 FY and $204,250 for the construction phase in 1994-95 FY for City of Tustin's share of costs for the project. BACKGROUND: The agreement provides for widening and adding a 3rd lane in the northbound direction within the existing right-of-way on Jamboree Road between the I-5 Freeway and approximately 1300' north of Irvine Boulevard. The scope of the project is to construct new asphalt concrete pavement and curb and gutter on the east side of the existing roadway. Related work on the project will include traffic signals modification/relocation, traffic striping and pavement markers, detection loops, street light installation, construction of wheelchair ramps, and drainage inlets and adjustment of manholes and water valves to grade. Since the proposed portion of Jamboree Road lies within both City and County areas, the joint effort between the two agencies will enable the widening and the addition of the third lane north of I-5 Freeway to be continuous on Jamboree Road. The subject agreement has been reviewed and approved by the legal council of the County of Orange and it will be sent to the County Board for approval and signature after execution by the City of Tustin. --- Through the Master Plan of Arterial Highway (MPAH) Programs, under the Measure M Competitive Program, this project has been approved for 50% funding for the design phase in 1993-94 FY and for the construction phase in 1994-95 FY. The following is a distribution of project estimated costs between all agencies: Design: (Phase I ) FY 1993-94 Measure M $ 55,000 Tustin 27,500 County 27,500 $110,000 Construction: (Phase II ) FY 1994-95 Measure M $410,000 Tustin 204,250 County 205,750 $820,000 The County of Orange will reimburse the City of Tustin for the COunty's portion of the design and construction costs as provided in the subject agreement. Robert Ledendecker Director of Public Works/ city Engineer Wisam Altowaiji Associate Civil Engineer RL: WA: ccg: coopagr Attachment Agreement No. D93-155 AGREEMENT THIS AGREEMENT, made and entered into this BY AND BETWEEN: AND day of , 1993 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" WITNE SSETH WHEREAS, Jamboree Road from I-5 to north of Irvine Boulevard is designated as a Major Arterial Highway on COUNTY's Master Plan of Arterial Highways; and WHEREAS, Jamboree Road within said limits is partly in the CITY and partly in the unincorporated COUNTY; and WHEREAS, Jamboree Road within said limits currently has three (3) travel lanes in the southbound direction and two (2) travel lanes in the northbound direction; and WHEREAS, CITY and COUNTY desire to widen the east side of Jamboree Road and add a third travel lane in the northbound direction to better serve public safety and traffic flow; and WHEREAS, CITY and COUNTY desire to accomplish the work in a single construction contract to widen the east side of Jamboree Road from 1-5 to north of Irvine Boulevard, hereinafter referred to as "PROJECT"; and WHEREAS, CITY has been approved for' Measure M funding in Fiscal Year 1993-94 for the design of PROJECT; and WHEREAS, CITY has been approved for Measure M funding in Fiscal Year 1994-95 - 1 - Agreement No. D93-155 for the construction of PROJECT; and WHEREAS, CITY and COUNTY desire to divide the PROJECT into a design phase and a construction phase to be compatible with the Measure M funding; 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. CITY SHALL: A. Be and is hereby designated as Lead Agency for PROJECT. B. Prepare and process all necessary environmental documents for PROJECT required by the California Environmental Quality Act of 1970 (CEQA) as amended. C. Be and is hereby designated as Project Engineer, Contracting and Construction A~ent, hereinafter referred to as "ENGINEER", 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 completio~n of PROJECT, including its Notice of Completion and final accounting report. D. Provide accounting of CITY's staff time and consultantts costs for the design phase of PROJECT. County's proportionate share of design costs shall be based on the ratio of COUNTY~s items of work to the total items of work as identified in -he CITY's design phase estimate of PROJECT costs. E. Provide accounting of CITY's staff time and consultant's costs for the construction phase of PROJECT. County's proportionate share of_inspection costs__ and administration shall be based on the ratio of COUNTY's share of construction costs to the total construction contract costs. F. Utilize COUNTY Materials Laboratory for quality control of materials, testing, and soil investigation for PROJECT, or an approved alternate. G. A- CITYts option utilize COUNTY Surveyors for survey work needed on - 2 - PROJECT. Agreement No. D93-155 H. Reimburse COUNTY for COUNTY's Materials Laboratory and Survey services in the CITY's portion of the PROJECT. I. Submit PROJECT plans, specifications and Engineer's estimate to COUNTY for review and approval by DIRECTOR of EMA or his designee, hereinafter referred to as "DIRECTOR", as to design and construction features affecting PROJECT within the unincorporated COUNTY area, prior to advertising PROJECT for construction bids. J. Upon approval of the final plans, specifications and estimate by both the CITY and COUNTY, for their respective portions of PROJECT and after certifying acquisition of necessary rights of way by CITY and COUNTY fOr their respective portions of PROJECT, CITY shall promptly perform all th~ work of advertising for bids and awarding the construction contract to the lowest responsible bidder complying with all applicable provisions of the law governing such award. If the iow bid is more than ten percent (10%) over engineer's estimate, CITY shall obtain DIRECTOR's written concurrence for award of PROJECT construction contract. DIRECTOR may authorize contract award in such case, subject to the cost limit of Section II.D. herein. K. Promptly notify DIRECTOR upon award of the PROJECT construction contract and furnish DIRECTOR with a summary of contract bids, a cost spreadsheet based on the low bid, showing COUNTY's share of construction costs, and the construction schedule, and keep DIRECTOR informed of any revisions. L. Obtain the written concurrence of DIRECTOR or his ~esignee, for any__ contract change order (CCO) of PROJECT which would, cummulatively with other CCOs, increase COUNTY's cost up to 10% of the original, contract price or which would affect the PROJECT design for portions of PROJECT within COUNTY territory; a CC0 over 10% of the original contract price will require approval by the Board of Supervisors. - 3 - Agreement No. D93-155 M. Prior to accepting improvements under the contract for PROJECT, obtain DIRECTORfs written approval of the construction as it affects the operation and maintenance of PROJECT within COUNTY territory. N. Furnish DIRECTOR with one set of reproducible mylar or acetate "as-built" construction drawings for all portions of PROJECT within unincorporated COUNTY territory, and a copy of the Notice of Completion. II. COUNTY shall: A. Review for approval all necessary environmental documents, for the unincorporated COUNTY portion of the PROJECT, required by the California Environmental Quality Act of 1970 (CEQA) as amended. B. Review, for approval by DIRECTOR, the plans and specifications as to design and construction features affecting the construction, operation, and maintenance of portion of PROJECT within unincorporated COUNTY territory. C. Provide Survey services to the CITY, both for the COUNTY and CITY portions of PROJECT, subject to reimbursement by the CITY for the surveys performed in the CITY portion of PROJECT. D. Fund COUNTYfs share of construction cost (including utility relocation, if any) for that portion of PROJECT construction within unincorporated COUNTY territory plus a proportionate share of environmental document preparation, . engineering, administration and inspection costs based on the ratio of COUNTYts construction costs to the total construction contract costs. The portion of PROJECT within COUNTY territory~ for reimbursement purposes, sh~l! be as COUNTY -__ boundaries exist at the time CITY and COUNTY award a contract for construction of PROJECT. The cost for COUNTYts portion of the PROJECT construction cost, including environmental document preparation, engineering, administration and inspection costs, shall not exceed $250,000 ($220,000 for construction, inspection and administration and $30,000 for environmental document preparation and - 4 - engineering) without written approval of CCifNTY. Agreement No. D93-155 TOTAL PROJECT COSTS AiE ESTIMATED BELOW: Design: Construction:' FY 1993-94 Measure M Tustin County $55,000 $27,000 $27,000 $109,000 FY 1994-95 Measure M $410,000 lustin $205,000 County $205,000 $820,000 E. At all times during the progress of construction of PROJECT within COUNTY territory, have access to the work ~hereon for the purpose of inspection and, should DIRECTOR deem any remedial measures to be necessary, DIRECTOR shall notify CITY thereof for communication to the contractor. F. Review completed construction for PROJECT for written approval by DIRECTOR to accept improvements within unincorporated COUNTY territory. Approval shall be withheld only for work not completed per the approved plans and specifications. III. PAYMENTS AND FINAL ACCOUNTING: A. CITY shall invoice COUNTY for work completed during the design phase based upon a schedule of milestones as subnitted by CITY and approved by DIRECTOR, and not to exceed $30,000 without prior written approval. .. __ B. Within ONE HUNDRED EIGHTY (189) days after completion of the design and approval of the design by the COUNTY, CITY sbal! submit a Final Accounting Report for design phase of PROJECT for review and approval by DIRECTOR. CITY shall provide with the Final Accounting Report a certification signed by CITY's Director of Public Works or City Engineer and its Director of Finance that all expenditures - 5 - Agreement No. D93-155 applicable to the design phase of the PROJECT have been made and that all copies of invoices and warrants are on file with CITY. C. Within 60 days after receipt of Final Report from CITY for design phase of PROJECT, COUNTY shall review the Final Accounting Report for approval by DIRECTOR; upon approval, COUNTY shall transfer to CITY or CITY shall transfer to COUNTY the necessary funds to balance PROJECTts expenditures, subject to the limit of Paragraph II.D. Any funds spent prior to July 1, 1992 shall not be considered in the final accounting of PROJECT. D. After CITY receives bids for PROJECT construction, COUNTY shall, upon invoice from CITY, deposit with CITY within 30 days of invoice, NINETY PERCENT (90%) of COUNTYts share of PROJECT construction contract cost based on actual bid prices, not to exceed $220,000 E. Within ONE HUNDRED EIGHTY (180) days after the acceptance of the improvements, by City Council, CITY shall submit a Final Accounting Report for the construction phase of the PROJECT for review and approval by DIRECTOR, and CITY shall provide one set of reproducible "as-built" drawings of PROJECT to COUNTY. CITY shall provide with the Final Accounting Report a certification signed by CITY's Director of Public Works or City Engineer and its Director of Finance that all expenditures applicable to construction phase of the PROJECT have been made and that all copies of invoices and warrants are on file with CITY. F. Within 60 days after receipt of Final Report from CITY for construction phase of PROJECT, COUNTY shall review the Final Accounting Report fc~r__ approval by DIRECTOR; upon approval, COUNTY shall transfer to CITY or CITY shall transfer to COUNTY the necessary funds to balance PROJECT's expenditures, ~ubject to the limit of Paragraph II.D. Any funds spent prior to July 1, 1992 shall not be considered in the final accounting of PROJECT. - 6 - Agreement No. D93-155 iV. IT IS MUTUALLY UNDERSTOOD AND AGREED: A. Upon approval by DIRECTOR pursuant to Paragraph II.F and acceptance of the improvements under the contract by CITY, COUNTY shall resume maintenance responsibility for portion of PROJECT within unincorporated COUNTY territory. B. If CITY fails to award the PROJECT construction contract by June 30, 1995. this agreement shall automatically become null and void unless the parties mutually agree to extend the termination date. C. 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 delegated to CITY 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 under Or in connection with any work, authority or jurisdiction delegated to CITY under this agreement. D. 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 inde~nify, defend, and hold CITY harmless from any liability imposed for injury 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. - 7 - Agreement No. D93-155 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 on the dates written opposite their signatures, 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 City Clerk City Attorney COUNTY OF ORANGE, a political subdivision of the State of California Dated: , 19 By SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Phyllis A. Henderson Clerk of the Board of Supervisors of Orange County, California Chairman, Board of Supervisors APPROVED AS TO FORM TERRY ANDRUS, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Deputy DA't e -8 -