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Home My WebLink About11 TRAFFIC SIG MOD 02-07-94NO. 11 2-7-94 OATE: FEBRUARY 7, 1994 Inter-Corn TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: A~R~-EMENT WI'l~ eoln~¥ OF Om%N~E FOl:t T~A~FIC SIgNaL MODIFICATION AT RED HILL AVENUE ~ IRVINE BOULEV~D RECOMMENDATION: It is recommended that the City Council, at their meeting of February7, 1994, approve and authorize the Mayor and City Clerk to ' execute the attached agreement. FI-SCAL IMPACT: The Engineer's estimate for this project is $79,000.00 'and is currently funded in the City's FY 93-94 Capital Improvement Program. Through this agreement, the County of Orange will finance 5.0% of the construction costs of the project. BACK~ROUND: Since the City of Tustin/County of Orange boundary runs along the centerline of Red Hill Avenue, and the City maintains the traffic signal for the entire intersection, the County has agreed to fund their fair share (50%) of improvements at the subject intersection. This project was also identified as one of the mitigation measures during the Orange County Board of'Supervisor's approval to delete La Colina Drive from the Master Plan of Arterial Highways in April 1993. DISCUSSION: Traffic signal modification plans, specifications, and estimates have been prepared and approved. The proposed project provides for traffic signal modifications at the subject intersection in order to implement separate left turn phasing for the Red Hill Avenue approaches. The attached agreement has been approved by the City Attorney, the County's legal counsel, and will be forwarded to County staff for the County Board of Supervisor's approval upon approval by the City Council. Director- of Public WorkS/ City Engineer Douglas- R. Anderson Transportation Engineer RSL:DA:trsigir2 Atlachment 1994, A G R E E M E'N T0 ~3reement No. D93-184 day of , BY AND B~, CITY OF TUSTIN, a Municipal Corporation, hereinafter i? designated as "TUSTIN," and The COUNTY OF ORANGE, a Political Subdivision of the State of California, hereinafter designated as "COUNTY." WITNESSETH WHERFAS, TUSTIN and the C~UNTY desire to modify the existing traffic signal at the intersection of Irvine Boulevard and Red Hill Avenue which is to include highway intersection lighting; and WHEREAS, a portion of said intersection is within TUSTIN and the COUNTY; WHEREAS, both TUSTIN, and the OOUNTY are willing to share in the cost of the modification of said traffic signal ,.and highway intersection lighting system, hereinafter referred to as the "Project." NOW, THEREFORE, in consideration of the premises and the respective and mq..tual promises and agreements hereinafter set forth, said parties hereby promise and agree as follo~: I. The traffic signal s~ll include a fully-actuated, solid state system controller, II. TUSTIN shall: · ae Prepare the detailed plans, specifications, and estimate for the B. Have jurisdiction, during the period of construction, over the conStruCtion area at the in--on, inclu~irg ~hat portion with~ the OOUNTY. C.· Be designated as the contracting and construction agent for the parties, to do and perform all acts ~ecessary or required in order to advertise and construct the Project in accordance with the plans and specifications including material control, and in accordance with the Public Contract Code,', to ir~ the construction work, and to execute and deliver all documents necessary or re~ired in connection with the construction and completion of said project, including notice of final inspection, certificate of day-labor, equipment and material cost and certification of completion of the Project. D. Include in the Project all remedial measures required by the COUNTY. Such measures shall be in writing and delivered to TUST/]g, prior to TUSTIN's acceptance of the contract work. .? E. Be designated responsibl~ agency pursuant to the guidelines for implementation of the CfD31 of 1970, and as amended. III. COUNTY shall: A. Approve plans and specifications as to design and construction. features affecting the construction, operation, and maintenance of that portion of the Project within the COUNTY. ~ B. At all unnes, during the progress of construction of the Project, have access to the %~rk for the pu~qx~e of inspection thereof and should COUNTY deem any remedial measures to be necessary, prior to R~3STIN's acceptance of the -Work, COUNTY shall notify TUglq~ thereof ~ writing. The proportioning of cost shall be based on the number of approaches in each jurisdiction. The estimated cost shall be distributed as follows: TUSTIN to pay 50 percent and the COUNTY 'to pay 50 percent as ~f the date of this Agreement. Based upon the current estimated cost of the work of $90,000, the participating amounts shall be as follows: A. ~Y3STIN = $45,000 = 45,000 = $90,000 However, the actual amounts to be paid by the ODUNTY and TUSTIN shall be determined after the completion of Project; COUNTY's share shall not excccd $50,000. "Such share~ shall not exceed 50 percent of the costs related to actual construction, engir~_ring, design, development of plans, specifications, cost estimates, supervision, administrati6n, inspection, overhead, contract change orders, and all other costs associated with the Project." V. COUNTY AGRR~ to pay R~3STIN within forty-five (45) days after completion of construction and suhnission of a final accountir~ report by TUSTIN for its share of all costs as outlined in Paragraph IV herein. VI. IT IS MUT~AT.T.Y AG~FFD by the parties hereto that: . A. Neither C/R~ nor any officer or employee_ thereof shall be responsible for any d~mage or liability occurr~ by reason of anything done or omitted to be dor~ by TUSTIN ~ux~er or in connection with any work, authority, or jurisdiction delegated to ~3STIN under this agreement. It is also understood and agreed that,' pursuant to Gov~t Code Section 895.4, TUSTIN shall fully indemnify and hold ODUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything dooe or omitted to be done by TUSTIN under or in connection with any work, authority, or jurisdiction delegated to TUSlq~ under this Agreement:. B. Neither TUSTIN nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or c~itted to be done by ~ under or in connection with any work, authority, or jurisdiction that has hereby been assumed by COUNTY and not delegated to ', TUSTIN under this Agre~m~_nt. It is also understood and agreed that, pur~,ant to Government C~e Section 895.4, COUNTY shall fully indemnify and hold TUSTIN harmless from any liability i_~posed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or emitted to be done by COUNTY under or in connection with any work, authority, or jurisdiction that has hereby been assumed by COUNTY under this Agreement. C. TUSTIN shall keep open-book records regarding the construction and work done pursuant to the Agreement, ~which shall be available to COUNTY for ir~ion at any reaso _na_ble time during reasona_ble business hours. D. ~ to provide necessary permits at no cost to TUSTIN for the construction and initial operation and maintenance of the PROJECT within OOUNTY lands. E. The_termination date of Agreement shall be June 30, 1994. IN WITNESS ~F, the parties hereto have caused this Agreement to be executed .on the dates hereinafter respectively set forth. .. a municipal corporation Dated: , 19 By: Acting Deputy City Clerk Mayor COUNTY OF ORANGE a political subdivision of the State of California Dated: , 19 By: Chairman of the Board of Supervisors SIGN~) AND CERI~~ ~HkT A OOPY OF THIS ~ HAS B~N D~3VERM) TO ~HE C~{~Ilq~N OF ~ BOARD APPRDV~D AS TO FORM TERRY C. ANDRUS, ~ COUNS~ ORANGE ODUNTY, CALIFORNIA Phyllis A. Henderson Clerk of the Board of Supervisors of Orang~ County, California