HomeMy WebLinkAboutCC 15 RESURFACE IRVINE 11-5-90CONSENT CALENDAR NO. 15
11-5-90
�►
DATE: OCTOBER 23, 1990 Inter - Cc � ��
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: COOPERATIVE AGREEMENT NO. D90-058 WITH THE COUNTY OF ORANGE TO
PROVIDE FOR RESURFACING OF IRVINE BOULEVARD BETWEEN BROWNING AVENUE
AND RANCHWOOD ROAD
RECOMMENDATION:
It is recommended that the City Council, at their meeting of November 5,
1990, authorize the Mayor to sign, and the City Clerk to attest to, the
attached subject agreement.
BACKGROUND:
The agreement provides for the resurfacing of Irvine Boulevard under a
rehabilitation project by the County entitled "Resurfacing of Various Streets
in Orange County, 1989-90 Contract #2". This joint effort between the two
agencies will allow the entire street to be resurfaced in lieu of just half
of the street.
The estimated cost for repair and resurfacing of the portion of Irvine
Boulevard located within the City limits is $13,300.00. This project has
been approved for 50% funding by Orange County Unified Transportation Trust
(OCUTT).
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.
, -g I 1ST
Bob Ledendecker Wisam Altowaiji
Director of Public Works/City Engineer Associate Civil Engineer
BL: WA: ccg
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
�6J
27
28
AND
A G R E E M E N T
THIS AGREEMENT, made and entered into this
, 19
BY AND BETWEEN
Agreement No. -D90-058
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 T N E S S E T H
WHEREAS, COUNTY proposes to resurface the following streets and limits:
Irvine Boulevard Browning Ave. to Ranchwood Rd.
hereinafter referred to as PROJECT; and
WHEREAS, a portion of PROJECT is within CITY limits; and
WHEREAS, CITY wishes to have its portion of PROJECT improved as part of
COUNTY's contract for PROJECT; and
WHEREAS, PROJECT is included in plans dated July, 1990, titled
Resurfacing of Various Streets in Orange County, Contract No. 2; and
WHEREAS, PROJECT is declared Categorically Exempt from CEQA
(14CCR15301(c)); and
WHEREAS, COUNTY has applied and been approved for funding for PROJECT
from the Orange County Transportation Commission (OCTC) under the Orange County
Unified Transportation Trust (OCUTT) Fund Streets and Roads Program; and
WHEREAS, CITY has been included in the application and approval of OCUTT
funds, and
WHEREAS, COUNTY and CITY wish to define areas of responsibility for the
design, construction and inspection of PROJECT.
-1-
Agreement No. D90-058
1 NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
2 I. COUNTY SHALL: ,
3 A. Be and is hereby designated as Lead Agency, Project Engineer,
4 Contracting and Construction Agent for the parties to do and perform all things
5 necessary in order to design and construct PROJECT in accordance with the approved
6 plans and specifications and to execute and deliver all documents required in
7 connection with the construction and completion of said PROJECT, including its
8 Notice of Completion and final accounting report.
9 B. Submit plans and specifications to CITY for review and approval
10 by the City Engineer or his designee, hereinafter referred to as "CITY ENGINEER",
11 as to design and construction features affecting PROJECT within CITY limits.
12 C. During the period of construction, have jurisdiction over the
13 construction area including that portion within CITY limits.
14 D. Obtain the written concurrence of CITY ENGINEER prior to making
15 PROJECT change orders or field changes that affect PROJECT's design and/or costs by
16 10% of CITY's deposit to COUNTY for any portion or portions of PROJECT within CITY.
17 E. Not accept improvements under the contract for PROJECT until CITY
18 ENGINEER approves, in writing, the construction as it affects the operations and
19 maintenance of PROJECT within CITY limits.
20 F. Any approval or concurrence of city engineer shall not be
21 withheld except for good cause.
22 G. Furnish and deliver to City, if requested, all documents required
23 in connection with the construction and completion of PROJECT.
24 II. CITY SHALL:
25 A. Review for approval by CITY ENGINEER the plans and specifications
26 as to design and construction features affecting the construction, operation and
27 maintenance of the portion of PROJECT within CITY limits.
28 ///
1
2
3
4'
5
6
7
8
9
10
11
121
16
17
18
19
20
21
22
23
24
25
:6
27
28
Agreement No. D90-058
B. Be responsible for the entire total cost of construction 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 awards the contract
for 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 Thirteen Thousand -Three Hundred Dollars ($13,300) and in no event
shall the final construction cost to CITY exceed Fourteen Thousand Six Hundred and
Thirty Dollars ($14,630) without written approval of CITY ENGINEER. In the event
the contract's actual bid total cost for CITY'S portion of PROJECT exceeds Fourteen
Thousand Six Hundred and Thirty Dollars ($14,630), 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 thereon for the purpose of inspection
and, should 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 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 PROJECT's 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 PROJECT.
-3-
ill
2
3
4
101
11
12
_13
14
15
16
17
18
19
20
21
22
23
24
25
6
27
28
Agreement No: D90-058
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.
IV. IT IS MUTUALLY UNDERSTOOD AND AGREED:
A. That it is the intent of the parties hereto to comply with all
applicable rules regarding the OCUTT Funding Program.
B. Upon acceptance of the improvements under the contract by COUNTY,
CITY shall accept maintenance responsibility for the portion of PROJECT within CITY
limits.
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.
-4-
1
2
3
4
5
6
7
8
9
10
11
12
13
A
15
16
17
18
19
20
21
22
23
24
25
6
27
28
Agreement No: D90-058
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
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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
,6
27
28
Agreement Np, D90-058
IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its
Mayor 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.
Dated:
ATTEST:
Dated:
19
Clerk of the Council
19
SIGNED AND CERTIFIED THAT 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
PFA:dasPWO-21-24(D)
-6-
CITY OF TUSTIN
A municipal corporation
BY:
Mayor
APPROVED AS TO F
By:
' i.ty Attorney
COUNTY OF ORANGE
A political subdivision of the State of
California
By:
Chairman, Board of Supervisors
APPROVED AS TO FORM:
ADRIAN RUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By: G
Date