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HomeMy WebLinkAboutCC 10 RESURFACE NEWPRT 01-17-94CONSENT CALENDAR NO. 10 1-17-94 DATE: JANUARY 17, 1994 lnter-Com TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING _DIVISION SUBJECT: COOPERATIVE AGREEMENT NO. D93-179 WITH THE COUNTY OF ORANGE TO - PROVIDE FOR THE RESURFACING OF NEWPORT AVENUE RECOMMENDATION It is reconmended that the City Council, at their meeting of January 17, 1994, authorize the Mayor to sign and the City Clerk to attest to the subject Cooperative Agreement. FISCAL IMPACT .~ The estimated cost for resurfacing the portion of N~wport Avenue .within the City limits, from 17th Street to Wass Street, is $59,000.00. The City's share of 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. City funds,-~ill be derived from the City's Major Maintenance Program Budget for 1993- 94. BACKGROUND T~e subject agreement provides for the resurfacing of Newport Avenue, from 17th Street to' Wass Street, within the City limits, under a street rehabilitation project by the County entitled "Resurfacing of Various Streets in Orange County". This joint effort between the two agencies will allow the entire street to be resurfaced, in lieu of ~nly half of the street. Robert S. Ledendecker Director of Public Works/ City Engineer Nestor Mondok Assistant Civil Engineer RSL: NM: k lb: resur-~: Attachment UNTY OF MICHAEL M. RUANE DIRECTOR, EMA WILLIAM L ZAUN DIRECTOR OF PUBLIC WORKS LOCATI 300 N. FLOWER .. SIXTH FLOOR SANTA ANA, CALIFORNIA ENVIRONMENTAL MANAGEMENT AGENCY PUBLIC WORKS December 29, 1993 MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702-4048 TELEPHONE: (714) 834-5447 FAX # 834-2870 Robert Ledendecker Director of Public Works City of Tustin 300 Centennial Way Tustin, CA 92680 TUSTIN PUBLIC WORKS DEPT. i ii ~e: NS00 Subject: Cooperative Agreement No. D93-179, Resurfacing of Various Streets.in Orange County Dear Mr. Ledendecker: Enclosed are the original,, and four (4) copies of Cooperative Agreement No~ D93-179, for the resurfacing 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, to~ether 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. We have also included the cost estimate of the City's portion for your review.. A recent field survey required the addition of new R & R areas and expansion of ~eviously marked R & R which is reflected in the AC paving and R & R items in the estimate. If you have any questions, please call Tammy Killingsworth at 567-6284. Very truly yours, W. M. Reiter, Manager EMA/P~blic Works Operations TK:rv/3363 3122913064213 Enclosures 3 5 10 11 12 13 ~4 15 16 17 18 19 2O 21 22 23 24 25 -~6 27 28 Agreement No. D93-179 AGREEMENT THIS AGREEMENT; made and entered into this day of BY AND BE/74EEN The CITY OF TUSTIN, a municipal corporation, hereinafter designated as "CITY," The COUNTY OF OPJ%NGE, a political subdivision of the State of California, hereinafter designated as "COUNTY." W I TNE S SETH WHEREAS, COUNTY proposes to Resurface Newport Avenue from 17th Street to Wass Street hereinafter referred to as PROJECT; and WHEREJkS, a portion of PROJECT is within CITY limits; a~Td WHEREAS, CITY wishes to have its portion of PROJECT improved as part of C0~'s contract for PROJECT; and ....' WHEREAS, PROJECT is included in plans dated January 1994, titled Resurfacing of Various Streets in Orange County; and WHEREAS, PROJECT is declared 'CATEGORICALLY EXEMPT froTM CEQA ~14CCR15301(c)) ; and ~EREAS, 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 o COb/g/~f S~IALL: A. Be and is hereby designated as Project Engineer, Contracting and - 1 - 1 2 3 4' 10 11 12 13 14 15 16 17 18 19 2O 2'1 22 23 24 25 26 27 28 Agreement No. D93-179 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 ENGIb-EER 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, 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 - 2 - 1 2 .3 5 9 10 11 12 15 16 17 18 19 20 23 24 25 ~--o. 6 27 28 Agreement No. D93-179 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 Fifty Nine Thousand Dollars ($ 59,000.00) and in no event shall the final construction cost to CITY exceed Sixty Three Thousand Eight Hundred Dollars ($ 63,~00.00) without written approval of CITY ENGINEER. In the event the contract's actual bid total cost (excluding inspection and contract administration)' for CI?f.'s portion Of PROJECT exceeds Forty Seven Thousand Three Hundred Dollars ($47,3C0.00), 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 inspec~tion and, skould 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 fcr work not completed per the approved plans and specifications and approved extra work. E. Not withhold any approval or concurrence without good cause. I I I. PAYMENTS AND FINAL ACCOUNTING: A. After COUNTY receives bids for PROJEC~f constz~ction, CITY_ will, upon CCUNTY's recfuest, deposit with COUNt"f, CITY's share of PROJECT's construction- costs kased on actual bid prices. B. Within ninety (90) days after acceptance of the improvement 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 - 3 - 2 -3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement No. D93-179 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 UNDERSTOOD AND AGR=--ED: A. Upon acceptance of the improvements under the contract by cob%TrY, 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 expend~.~ures 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 General of the State g~'California for a Period of three (3) years after final payment under this Contract. C. 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 COL~TY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4. COUNTY shall fully - indemnify, defend, and hold CI~"f 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 work, 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 -- 4 -- 1 2 -3 4 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 27 28 Agreement No. D93-179 omitted to be done by CITY under or in connection with any work, authority, or jurisdiction not 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 by Government 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. /// III III III Iii iii · III ;11 /// /// /// /// /// /// /// /// /// - 5 - '3 10 11 12 13 14 15 16 17 -18 19 20 21 22 23 2.4 25 26 27 28 Agreement No. D93-179 IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor and attested by ~ts 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: ATTEST: Clerk of the Council Mayor APPROVED AS TO FORM: By: City Attorney COUNTY OF ORANGE A political subdivision of the State of California Dated: ., 19 By: Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DO~ HAS BEEN DEI,iVERED TO THE CHAIRMAN OF THE BOARD Phyllis A. Henderson Clerk of the Board of Supervisors of Orange County, California /// PFA:mk/3354 3091307135355 - 6 - APPROVED AS TO FO~4: TERRY C. AN~RUS, COUlFrY COUNSEL OP~uNGE COUNTY, CALIFORNIA Date