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
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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
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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
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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
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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
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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
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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
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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
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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.
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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,
.
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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
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PFA:mk/3354
3091307135355
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APPROVED AS TO FO~4:
TERRY C. AN~RUS, COUlFrY COUNSEL
OP~uNGE COUNTY, CALIFORNIA
Date