HomeMy WebLinkAboutCC 5 RESURFACE ST'S 01-20-86AGEN
DATE:
JANUARY 2, 1986
cONSENT CALENDAR
~o. 5
1-20-86
Inter- Com
TO:
FROM:
SU BJ ECT:
WILLIAM HUSTON, CITY MANAGER
DALE A. WICK, ASSISTANT CITY ENGINEER
COOPERATIVE AGREEMENTS WITH COUNTY OF ORANGE FOR THE RESURFACING OF
VARIOUS STREETS LYING WITHIN CITY OF TUSTIN jURISDICTION
RECOMMENDATION:
'It is recommended that the City Council, at their meeting of January 20, 1986, by
minute order, authorize the Mayor to sign and the City Clerk to attest to
Cooperative Agreements No. D85-202 and D85-203.
BACKGROUND:
The County of Orange has instituted a large street resurfacing program on several
streets adjacent to Tustins jurisdictional boundaries. These locations are as
tabulated below:
Melvin Way from Red Hill to Dean Street
Wass Street from 245' westerly of Elizabeth to Charloma
Warren Avenue from Holt to Newport
Holt Avenue from 17th to Warren
17th Street from Prospect to Newport
Portions of the above streets lie within Tustin due to City boundaries being
located along street centerlines. In order to provide continuity to the
resurfacing proposed by the County, staff requested that the County include City
areas within their resurfacing project. Total cost to the City is estimated not
to exceed $9,000.00 and will be charged to the City's F.Y. '85-'86 Pavement.
Rehabilitation Program.
These cooperative agreementls have been reviewed by the City Attorney and they
provide the vehicle for reimbursing the County for the City share of the
resurfacing project.
Dale A. Wick
Assistant C~ity Engineer
DAW:jr
CC:
City Clerk
City Attorney
Street Maintenance Superintendent
Attachments
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Agreement No. D85-202
AGREEMENT
T~IS AG~R~N~T, made and entered into this
day of
The City of Tustin, a municipal
corporation, hereinafter designated as
"CITY,"
The OC~3NTY OF C~%NGE, a political subdivision
of the State of California, hereinafter
designated as "CG3NTY."
WIT
Wh~-~aaS, COUNTY proposes to
Melvin Way
Wass Street
Warren Avenue
NESSETH
resurface the following streets and limits:
Redhill Ave. tm Dean St.
245' S/~ of Elizabeth Way to Charlcma Dr.
Holt Ave. to Newport Ave.
hereinafter referred to as PRO3ECT; and
~.AS, a portion of ~ is within CITY limits; and
Wh~a~%S, CITY wishes to have its portion of PiRDJfL-~ improved as part of
CCGNTY's __~c~ tract for PROJTDCT; and
WHEREAS, PI~DJECT is included in plans dated December, 1985, titled
P~surfacing of Various Streets in Orange County, Contra~t No. 1; and
WHERF_AS, (//3NTY and CITY wish to define areas of responsibility for the
design, construction and inspection of PRCkTfET.
NOW, T~EREFORE, IT IS AG~:~:,~ by the parties hereto as follows:
I. C~JNTY SH~r,r,:
A. Be and is hereby designated as Lead Agency fo~ ~ and shall
prepare and process all necessary environmental documents required by the
California Envirormental Quality Act of 1970 (CEQA) as ~nended.
B. Be and is hereby designated as Project Engineer, Contracting and
Construction Agent for the parties to do and pe_rform all things necessary in order
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Agreement No. D85-202
to design and construct ~ in accordance with the approved plans and
specifications and to execute and deliver all documents required in connection with
the construction and ccmpletion of said PROJECT, including its Notice of C~,%~letion
and final accounting report.
C. S,,~lit plans and specifications to CITY for review and approval
by the City Engineer or his designee, hereinafter referred to as "CITY f2~G~",
as to design and construction features affecting PIgO3~CT within CITY limits.
D. During the period of construction, have jurisdiction over the
construction area including that portion within CITY limits.
E. Obtain the written concurrence of CITY ~4G~ prior to issuing
~ change orders affecting PNOu-]~CT design for any portion or portions of
PI~OJfL~ within CITY limits.
F. Not accept improvements under the contract for PI~OJ]~CT until CITY
~ approves, in writing, the construction as it affects the operations and
maintenance of PBflIECT within CITY limits.
G. Any approval or concurrence of city engineer shall not be
withheld except for good cause.
II.- CITY SH~.r.:
A. Be and is hereby designated as a "Responsible Agency" for
compliance with CEQA.
B. Review for approval by CITY F2~GIN~ the plans and specifications
as to design and construction features affecting the construction, operation and
maintenance of the portion of PNfkIEC~ within CITY limits.
C. Be responsible for the entire total cost of construction and any
approved extra ~rk for that portion of PROJECT construction within CITY limits, as
CITY koundaries exist at the time CGJNTY's Board of Supervisors accepts
improv~m~ents constructed under contract for PROJECT. Said total cost will be
determined by multiplying the awarded contract's actual bid unit price by the total
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Agreement No. D85-202
number of work item units within CITY limits. The estimated cost for CITY's
portion of PI~CLT~CT's construction co~t is approximately Six Thousand SeVen Hundred
Dollars ($6,700) and in no event shall the final construction cost to CITY excc~c-~
Seven ~housand Four }{undred Dollars ($7,400) without written approval of CITY
D. At all times during the progress of comstructiom of PNOJEC~
within CITY limits, have access to the work thereoa for the purpose of inspection
and, should CITY deem any remedial measures to be necessary, CITY shall notify
COUNTY thereof.
. o E. Review __~_ leted c~nstructio~ for PI~OJECT and give CCUNTY
approval to accept improv~nents within CITY limits. Approval .shall be withheld
c~ly for work not completed per the approved plans and specifications and approved
extra work.
III. PAYM~qTM AbD FINAL ACCO3NTING:
A. After COJNTY receives bids for PROJECT construction, CITY will,
upon oL~/qrY's request, deposit with CCTJNTY, CITY's share of P~2LTMCT'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 s~li't the CITY for review and approval by
CITY 5NGIN~WR a FinAl Accounting Report for PROJECT.
If said Final ACCOunting Report as approved by CITY k%~3~ shows
that the total cost to CITY is less than the auount deposited with CO3/qTY, COONTY
shall prc~ptly reimburse CITY the difference between the amount deposited and the
actual cc~t. If said Final Accounting Report as approved by CITY ~I~G~ shows
that the total cost to CITY is more than the a~ount depmsited by CITY, CITY shall
prc~ptly reimburse CO3NTY for the difference between the ~nount deposited and the
actual co~t subject to the provisions of Section II C.
IV. IT IS ~L"UJAr.r.Y UNDERSTOCD A~D Af~F~m:
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Agrg~.---~nt No. D85-202
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A. Upo~ acceptance of the improvements under the contract by COUNTY,
CITY shall accept maintenance responsibility for the portion of PI~kTEL~T within CITY
limits.
B. If PNDJECT is four~d to be enviromuentally unacceptable pursuant
to C~OA or if O3~NTY fails to award the PROJECT construction contract by
September 1, 1986; this agreement may be terminated by either party upon thirty
(30) days written notice to the other party.
C. Purs,,ant to and in accordance with Section 10532 of the
California Goverr~nent 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
Contr act.
D. That neither CITY nor- any officer or ~.~loyee thereof shall be
responsible for any damage or liability occurring by reasc~ of anything done or
~mitted to be done by CCD/qTY under or in connection with any work, authority, or
jurisdiction delegated to COUNTY under this agre~uent. It is also understood and
agreed that, pursuant to Goverr~ent Code Section 895.4, C~3NTY shall fully
indemnify, defend, and hold CITY harmless frcm any liability imposed for injury (as
defined by Goverrmlent Code Section 810.8), occurring by reason of anything done or
c~litted to be done by COUNTY under or in connection with any work, authority, or
jurisdiction delegated to C~D~TY under this agreement.
E. That neither CfX3NTY nor any officer or ~mployee thereof shall be
responsible for any damage or liability occurring by reason of anything done or
c~%itted to be done by CITY under or in connection with any work, authority, or
jurisdiction not delegated to COUNTY under this agra~-a~.ent. It is also understood
and agreed that pursuant to Goverr~ent Ccde Section 895.4, CITY shall fully
indemnify, defend, and hold (/3UNTY harmless fr~ any liability imposed for injury
Agrc~.--'~ent No. D85-202
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(as defined by Government Code Section 810.8) occurring by reason of anything done
or cmitted tD be done by CITY o~ in c~nection with any work, authority, or
jurisdiction not delegated to COUNTY under this agreement.
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Agreement No. D85-202
IN WI~S Wh~a~OF, CITY has caused this agreement to be executed by its
Mayor and attested by its Clerk, and C~3NTY has caused this agrc~--~ent to be
executed by the Chair~an 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 ~JSTIN,
A municipal corporation
Dated: . , 19__ BY:
Mayor
Clerk of the Council
City Attorney
COUNTY OF ORANGE
A political subdivision of the State of
California
Dated ~ , 19 __ By:
Chairman, Board of Supervisors
SIGNED A~D C~TIFIED THAT A COPY
OF T~IS ~ HAS R~N DELIVERfD
TO THE CHALgMAN OF THE BOARD
LISDA D. ROBk~TS
Clerk of the Board of Supervisors
of Orange County, California
Date
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Agrc~--ment No. D85-203
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AGREEMENT
T~IS ~, made and entered into this
, 19 .
BY A~D
day of
The City of Tustin, a municipal
~orporation, hereinafter designated as
"CITY,"
The CO3NTY OF ORANGE, a political subdivision
of the State of California, hereinafter
designated as "CGJNTY."
WITNESSETH
W~EREAS, COUNTY p~oposes to resurface the following streets and limits:
Holt Avenue
Seventeenth Street
Seventeenth St. to Warren Ave.
Prospect Ave. to Newport Ave.
hereinafter referred to as PRfkT~CT; and
~, a portion of P~ is within CITY limits; and
WHEREAS, CITY wishes to have its portion of PNOJEC~ improved as part of
CO3NTY's contract for ~; and
WHEREAS, ~ is included in plans dated April, 1986, titled
Resurfacing of Various Streets in Orange County, Contract No. 3; and
W~ERF_AS, CO3NTY and CITY wish to define areas of responsibility for the
design, construction and inspection of PROd-fL~.
NO~, THEREI3DRE, IT IS AGBk~n by the parties hereto as follows:
I. C~JNTY
A. Be and is hereby designated as Lead Agency for ~ ar~ shall
prepare and process all necessary envirom~ental documents required by the
California Environmental Quality Act of 1970 (CEQA) as Mended.
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
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Agreement No. D85-203
to design and o0nstruct ~ in accordance with the approved plans and
specifications and to execute and deliver all documents required in connection with
the construction and c~,pletion of said PI~DJ~CT, including its Notice of C~upletion
and final accounting re~ort.
C. Sukmit plans and specifications to CITY for review and approval
by the City Engineer or his designee, hereinafter referred to as "CITY
as to design and oonstruction features affecting PN2U-fL~ within CITY limits.
D. During the period of construction, have jurisdiction over the
construction area including that portion within CITY limits.
· o E. Obtain the written o&,~currence of CITY flgG~ prior to issuing
PRiDe.' change orders affecting PI~DJ]~'T design for any portion or portions of
PRO3fET within CITY limits.
F. Not accept improvements under the contract for PRO3EC~ until CITY
~G~ approves, in writing, the construction as it affects the operations and
maintenance of ~ within CITY limits.
G. Any approval or concurrence of city engineer shall not be
withheld except for good cause.
II. CITY S~]ALL:
A. Be and is hereby designated as a "Responsible Agency" for
compliance with CEQA.
B. Review for approval by CITY ~gG~ the plans and specifications
as to design and construction features affecting the construction, operation and
maintenance of the portion of P~ within CITY limits.
C. Be responsible for the entire total cost of construction and any
approved extra work for that portion of PRO35L~ construction within CITY limits, as
CITY bour~aries exist at the time CGUNTY's Board of Supervisors accepts
improvements constructed under contract for PRfk/fL~. Said total cost will be
determined by multiplying the awarded contract's a~tual bid unit price by the total
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Agreement No. D85-203
number of work it~ units within CITY limits. The estimated cost for CITY's
portion of PI~ikIECT's c~nstruction oost is approximately One Thousand Four Hundred
Dollars ($1,400) and in no event shall the final construction cost to CITY excited
One Thousand Six Hundred Dollars ($1,600) without written approval of CITY
D. At all times during the progress of construction of ~
within CITY limits, have access to the work thereon for the purpose of inspection
and, should CITY deem any r~edial measures to be necessary, CITY shall notify
C~JNTY thereof.
E. l~view o~.pleted construction for PNDJECT and give CGJNTY
approval to accept improvements within CITY limits. Approval shall be withheld
only for work rot completed per the approved plans and specifications and approved
extra work.
III. PAYM~qTS AND FINAL _ACC__P33NTING:
A. After COUNTY receives bids for PROJfL~ construction, CITY will,
upc~ COUNTY's request, deposit with COUNTY, CITY's share of P~kIfL"T'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 sub,it the CITY for review ar~ approval by
CITY f~d/gR~R a Final ~counting Report for P~fkIfL"T.
If said Final Accounting Report as approved by CITY ENGIN~n~R shows
that the total cost to CITY is less than the a~ount deposited with C~3NTY, CCU~rI~
shall prcmptly reimburse CITY the difference between the amount deposited and the
actual cost. If Said Final Accounting Report as approved by CITY ~gG~ shows
that the total cost to CITY is more than the amount deposited by CITY, CITY shall
prcmptly reimburse Cf~3NTY for the difference between the a~ount deposited and the
actual cost subject to the provisions of Section II C.
IV. IT IS ~.3TJALLY UNDERSTO(X] AND AGR~n:
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Agreement No. D85-203
A. Upon acceptance of the improvements under the contract by CG3NTY,
CITY shall accept maintenance responsibility for the portion of PRDJ~CT within CITY
B. If PI~DJ~CT is found to be environmentally unacceptable pursuant
to C~QA or if ~ fails to award the PI~k~fL'~ construction contract by
Dec~ber 1, 1986; 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 Govermment Code, in the e~ent that this contract involves expenditures
of.S. tate funds aggregating in excess of Ten Thousand Dollars ($10,000), the parties
~hall 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 ~ployee thereof shall be
responsible for any damage or liability occurring by reason of anything done or
(m%itted to be done by CfDqgTY 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 Goverr~ent Code Section 895.4, COUNTY shall fully
ind~m-,ify, defend, and hold CITY harmless frcm any liability imposed for injury (as
defined by Goverr~ent 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 C(/~PY under this agreement.
E. That neither COUNTY nor any officer o~ ~ployee thereof shall be
responsible for any damage or liability occurring by reason of anything done or
cmitted 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 Goverr~ent Code Section 895.4, CITY shall fully
ind~,.'~ify, defend, and hold COUNTY harmless from any liability imposed for injury
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(as defined by Goverr~ent Code Section 810.8) occurring by reason of anything done
or ~nitted to be done by CITY or in connection with any work, authority, or
Jurisdiction not delegated to.COUNTY under t. his agrc-----aent.
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IN WITNESS WHERfDF, CITY has caused this agreement to be executed by its
Mayor and attested by its Clerk, and C~3NTY has caused this agreement to be
executed by the Chair~n 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 TJSTIN,
A municipal corporation
Mayor
Clerk of the Council
City Attorney
COUNTY OF ORANGE
A political subdivision of the State of
California
Dated: , 19__ By:
Chairman, Board of Supervisors
SIGNRD AND CRRTIFIED THAT A COPY
OF THIS ~ HAS RRW. N DELIVERED
TO THE CHALRMAN OF THE BOARD
LI~I)A D. RDRRR~S
Clerk of the Board of Supervisors
of Orange County, California
Date
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