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HomeMy WebLinkAboutCC 9 STREET IMPROVE'S 04-02-90DATE: TO: FROM: MARCH 26, 1990 CONSENT CALENDAR NO. 9 4-2-90 Inter - Com WILLIAM HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: TUSTIN/SANTA ANA COOPERATIVE AGREEMENT FOR STREET IMPROVEMENTS AT FIRST STREET/TUSTIN AVENUE INTERSECTION RECOMMENDATION: That the City Council, by minute motion, approve and authorize the Mayor and City Clerk to execute subject agreement. BACKGROUND: In order to mitigate the impact of the I-5/SR 55 interchange reconstruction by Caltrans, the City of Tustin is preparing to administer a street improvement project on First Street, Yorba Avenue and Irvine Boulevard. Included in the work to be done are improvements at the First Street/ Tustin Avenue intersection, a portion of which is in the City of Santa Ana. Subject agreement covers the work to be done in Santa Ana. Under separate agreement, Caltrans is to reimburse the City of Tustin for all construction costs. Bob Leden ecker Director of Public Works/City Engineer BL: my REL:mb(1) 2/23/90 COOPERATIVE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CITY OF TUSTIN FOR CONSTRUCTION OF STREET IMPROVEMENTS AT THE INTERSECTION OF FIRST STREET AND TUSTIN AVENUE THIS AGREEMENT, dated for convenience as of , 19 , is made and entered into by and between the CITY OF SANTA AIA (hereinafter referred to as "Santa Ana") and the CITY OF TUSTIN ( hereinafter referred to as "Tustin"),, municipal corporations of the State of California. W-I-T--N-E-S-S-E--T-H A. Tustin has entered into District Agreement No. 12-028 dated April 3, 1989 with the State of California Department of Transportation ("CalTrans") . Under such Agreement, Tustin is to widen the south side of First Street at Tustin Avenue and modify the traffic signal at the First Street/Tustin _Avenue intersection. B. A portion of the widening and traffic signal work proposed in the First Street/Tustin Avenue intersection is within Santa Ana. Although Tustin will be reimbursed by Cal Trans for all construction costs, it will not be reimbursed for engineering costs, or for the First Street rehabilitation costs that may be required outside of the area to be widened pursuant to the Agreement with CalTrans. C. Santa Ana and Tustin are each empowered by .law to expend public monies to make improvements at the intersection of First Street and Tustin Avenue. -1- D. Santa Ana and Tustin desire to accomplish all of the needed work as described herein by a single public works project in which Tustin will act as the lead agency, and Santa Ana will reimburse Tustin for Santa Ana's portion of the project engineer- ing costs, and for the First Street rehabilitation costs that may be required outside of the area to be widened pursuant to the Agreement with CalTrans. follows: Section 1: WHEREFORE, the Parties hereto do hereby agree as The "Project" The Project shall include the widening of the south side of First Street at Tustin Avenue and the modification of the traffic signal at the First Street/Tustin Avenue intersection. Section 2: Tustin's Responsibilities Tustin shall act as the lead agency for the work and shall provide preliminary, design and construction engineering. Tustin shall also be solely responsible for the preparation and award of the contract pursuant to public bid requirements for the construction of the Project, including the portion of the Project that is in Santa Ana. Tustin shall be responsible for the preparation of all legal documents, including the Notice Inviting Bids, Instructions to Bidders, and the related con- struction agreements, surety bonds and insurance certificates. Tustin shall be solely responsible for the administration and performance of the contract awarded to the contractor for the construction of the Project. -2- Section 3: Rights of Access Santa Ana shall have the right to access to the construction site of the Project for purposes of inspection of the improvements that are located in Santa Ana. Section 4: Costs Tustin shall pay all costs associated with the design and construction of the Project subject to reimbursement for Project construction costs by CalTrans, and subject to Santa Ana's reimbursement for Santa Ana's portion of the Project engineering costs, and for the First Street rehabilitation costs that may be required outside of the area to be widened pursuant to the Agreement with CalTrans. The Parties agree that Santa Ana's obligation to reimburse Tustin under this Agreement shall not exceed Ten Thousand Dollars ($10,000). Section 5: Environmental Requirements Tustin shall act as the lead agency for the processing of environmental impact assessment, studies, reports and award of the contract and shall be responsible for full compliance with the provisions of the California Environmental Quality Act ("CEQA") for the entire Project. Section 6: Change Orders The prior approval of Santa Ana's City Engineer shall be obtained for all change orders issued by Tustin pertaining to the construction of the Project. Change orders issued with- out Santa Ana's approval shall not be eligible for reimbursement -3- from Santa Ana's approval shall not be eligible for reimbursement from Santa Ana. Oral approval shall be valid only if confirmed in writing by Santa Ana's City Engineer. Section 7: Payment Within thirty (3.0) days after acceptance of construction of the Project, Tustin shall present to Santa Ana an itemized invoice setting forth the final IDayme.nt due to Tustin. Said payment shall be based on Santa_Ana's share of the actual total engineering costs and First Street rehabilitation costs that may be required outside of the area to be widened pursuant to the Agreement with Ca1Tr_ans. Payment of the invoice shall be made by Santa Ana within thirty (30) days of receipt. Section 8: Hold Harmless Neither Santa Ana nor Tustin shall be liable for the acts or omissions of the other. Each party shall protect, defend, indemnify and hold the other and its respective officers and employees harmless from and against any and all claims, actions, expenses, liabilities and losses incurred by one of the Parties hereto as a result of any property damage or personal injury, including death, suffered or allegedly suffered by any person, and caused by any wrongful act or omission of the other Party. Section 9: Insurance Tustin shall require the contractor for the Project to maintain a policy of comprehensive or commercial general liability insurance for personal injury and property damage, -4- including motor vehicles, for the duration of the contract, in amounts and in a form satisfactory to the City Attorneys of both Parties. Said policy shall name both citiesand their officers, agents and employees as additional insureds. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date and year first above -written. C Y OF SAN' A AN. ATTEST: Da id N. R am City Manager ice C. Guy C rk of the Counci 6/ APPROVED AS TO FORM: APPROVED AS TO;C TEN: /-- ,: Ad, Edwar J. o J mes G. Boss, Lxecutive Director C i ty At torney ,Public Works Agency CITY OF TUSTIN ATTEST: Clerk of the Council APPROVED AS TO FORM: City 'tif Mayo r APPROVED A5 TO CONTENT: City Engineer��a