HomeMy WebLinkAboutCC 7 RESURFACE HOLT 03-06-89CONSENT CALENDAR
NO. 7
3-6-89
Inter- Corn
JATE:
FEBRU~RY 27, 1989
TO:
WILLIAM HUSTON, CITY MANAGER
FROM:' PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
·
SUBJECT: COOPERATIVE AGREEMENT NO.'.D89-009 WITH THE COUNTY OF ORANGE TO
~ PROVIDE FOR THE RESURFACING OF HOLT AVENUE AND BROWNING AVENUE
RECOMMENDATION:
It is recommended that the City Council, at their meeting of March 6,
1989, authorize the Mayor to sign, and the City Clerk to attest to, the
attached subject agreement.
.BACKGROUND:
The agreement provides for the resurfacing of Holt Avenue between Warren
Avenue and Irvine Boulevard, and Browning Avenue between Irvine
Boulevard and 1321' south of Irvine Boulevard under a rehabilitation
project by the County entitled "Resurfacing of Various Streets in Orange
County, Contract No. 3".
The estimated cost.for repair.and resurfacing of those portions of Holt
Avenue and Browning Avenue located within the City limits is as follows:
Holt Avenue ............. $22,000
Browning Avenue ---- ..... 47,500
Total $69,500
The City will deposit with the County, after the opening of bids and
upon County's request, the City's share for the construction of this
project based on the actual bid prices. The cost of this project will
be charged to the major street maintenance budget, 1989-90 FY.
Bob Ledendecker
Director of Public Works/City Engineer
BL:WA:mv
Wisam Altowaij i ~
Assistant Civil Engineer
5
6
7
8
9
.10
11
12
14
15
16
17
18
19
2O
21
22
23
24
~-~5
z6
27
28
Agreement No. D89-009
AGREEMENT
THIS AGREEMENT, .made and entered into this
, '19 .
BY AND BETWEEN
day of
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."
WI TNES SETH
WHEREAS, COUNTY proposes to resurface the following streets and limits:
Holt Avenue Warren Avenue to Irvine Boulevard
Browning Avenue Irvine Boulevard to S'ly Tustin City Limits
hereinafter referred to as PROJECT~ and
WHEREAS, a portion of PROJECT is within CITY limits~ and
WHEREAS, CITy'wishes to have its Portion of P~/)JECT improved as part of
COUNTY's contract for PROJECT~ and
WHEREAS, PROJECT is included in plans dated February, 1989, titled
Resurfacing of Various Streets in Orange County, Contract No. 3~ 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. COUNTY SHALL:
A. 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. Be and is hereby designated as Project Engineer, Contracting and
Construction Agent for the parties to do and perform all things necessary in order
--1--
5
6
7
8
9
10
11
12
14
15
16
17
18
19
2O
21
22
23
24
'~5
~6
27
28
Agreement No. D89-009
to design and construct PROJECT in accordance with the approved plans and
specifications ~nd to execute and d~liver all documents required in connection with
the construction and completion of said PROJECT~' including its Notice of Completion
and final accounting report. .
C. 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.
D. During the period of construction, have jurisdiction over the
construction area including that ~ortion within CITY limits.
E. Obtain the written concurrence of CITY ENGINEER prior to issuing
PROJECT change orders affecting PROJECT design for any portion or portions of
PROJECT within CITY limits.
F. 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.
G. Any approval or concurrence of city engineer shall not be
withheld except for good cause.
II. CITY SHALL:
A. Be and is hereby designated as a "Responsible Agency" for
compliance with CEQA.
B. Review for approval by CITY ENGINEER the plans and specifications
as to design and construction features affecting the construction, operation and
maintenance of the Portion of PROJECT within CITY limits.
C. Be responsible for the entire total cost of construction and any
appr.oved.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 PROJECT. Said total cost will be
determined by multiplying the awarded contract's actual bid unit price by the total
3
4
5
6
?
8
9
10
11
12
·
14
15
16
17
18
19
2O
21
22
23
24
-~5
z6
27
Agreement No. D89-009
number 'of work item units within CITY limits. The estimated cost for CITY's
~ortion of PROJECT's Construction cost is approximately Sixty-Nine Thousand Five
Hundred Dollars ($69,500) and in no event shall the final construction cost to CITY
exceed Seventy-Six Thousand Five Hundred Dollars ($76,500) without written approval
of CITY ENGINEER.
D. At all times during the progress of construction of PROJECT
within CITY limits, have access to the work thereon for the purpose of inspection
and, should CITY deem any remedial measures to be necessary, CITY shall notify
COUNTY thereof.
E. Review completed construction for PROJECT and give COUNTY
approval to accept improvements within CITY limits. Approval shall be withheld
only for work not completed per the approved plans and specifications and approved
,
extra work.
III. PAYMENTS AND FINAL ACCOUNTING:
A. After COUNTY receives bids for PROJECT construction, CITY. will,
upon COUNTY's request, deposit with COUNTY, CITY's share of PROJECTts construction
costs based 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 P~OJECT.
If said Final Accounting Report as approved by CITY ENGINEER shows
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 c.
///
1
2
3
4
5
6
7
8
9
10
11
12
14
15
16
17
18
19
20
21
22
23
24
,~6
27
Agreement No. D89-009
IV. IT IS MUTUALLY UNDERSTOOD AND AGREED:
A. Upon acceptance of the imprOvements under the contract by COUNTY,.
CITY shall accept maintenance responsibility for the portion Of PROJECT within CITY
limits.
B. If PROJECT is found to be environmentally unacceptable pursuant
to CEQA or if COUNTY fails to award the PROJECT construction contract by
July 14, 1989, this agreement may be terminated by either party upon thirty (30)
days written notice to the other party.
C. Pursuant to and in accordance with Section 10532 of the
California Government Code, in the event that this contract involves expenditures
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
of California for a period of three {3) years after final payment under this
Contract.
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
indemnify, defend, and hold CITY 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.
E. 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 not delegated to COUNTY under this agreement. It is also understood
and agreed that pursuant to Government'Code Section 895.4, CITY shall fully
-4-
1
2
3
4
5
6
7
8
9
10
11
12
14
15
16
17
18
19
20
21
22
23
24
/.6
27
Agreement No. D89-009
indemnify, defend, and hold COUNTY harmless from any liability imposed for injury
(as defined by Government Code Section 810.8) occ~rring 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.
I!1
//I
//I
//I
//I
//I
//I
//I
III
III
//I
III
III
III
//I
//I
III
I//
//I
I//
///
///
//I
///
1
2
3
4
5
6
7
8
9
10
11
12
14
15
16
17
18
19
20
21
22
23
24
~-25
/.6
27
28
Agreement No. D89-009
IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its
Mayo~ 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, 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:
Clerk of the Council
APPROVED ~~
By: ~ -
ui:y Attorney
COUNTY OF ORANGE
A political subdivision of the State of
California
Dated: , 19 By:
Chairman, Board of Supervisors
SIGNED AND CERTIFIED T~AT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
LINDA D. RUTH
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By:
Date
Iit
III
PFA:dasPWO-30-30 -