HomeMy WebLinkAbout08 RESURFACE IRVINE 08-18-03AGENDA REPORT
Agenda Item
Reviewed:
City Manager
Finance Director
MEETING DATE: AUGUST 18, 2003
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
APPROVAL OF COOPERATIVE AGREEMENTS NO. D03-025 AND D03-059
WITH THE COUNTY OF ORANGE FOR RESURFACING ON IRVINE
BOULEVARD, RED HILL AVENUE, AND SANTA CLARA AVENUE
SUMMARY
The proposed Cooperative Agreements between the City of Tustin and the County of Orange provide for
the City to reimburse the County for the City's proportionate share of the work on the County of Orange's
Asphalt Overlay Resurfacing Projects on Irvine Boulevard, Red Hill Avenue, and Santa Clara Avenue.
RECOMMENDATION
It is recommended that the City Council approve Cooperative Agreements No. D03-025 and D03-059
with the County of Orange for pavement resurfacing on Irvine Boulevard, Red Hill Avenue and Santa
Clara Avenue, and authorize the Mayor and City Clerk to execute the documents on behalf of the City.
FISCAL IMPACT
Cooperative Agreement No. D03-025 stipulates that the City of Tustin will reimburse the County of
Orange for approximately $35,800.00 for the City's proportionate share of the pavement resurfacing
work on Irvine Boulevard from Red Hill Avenue to the easterly City limit. Cooperative Agreement No.
D03-059 stipulates that the City of Tustin will reimburse the County of Orange for approximately
$31,700.00 for the City's proportionate share of the pavement resurfacing work on Red Hill Avenue from
Irvine Boulevard to La Colina Drive, and Santa Clara Avenue from Yorba Street to west of Fairmont
Way. The final amount reimbursed to the County will be based upon actual quantities and costs for
these works. The City's Capital Improvement Program Budget for the Annual Major Maintenance
Program (CIP 7001) provides sufficient funds for these works.
DISCUSSION
The County of Orange's Asphalt Overlay Resurfacing Projects on Irvine Boulevard, Red Hill Avenue and
Santa Clara Avenue will provide asphalt pavement resurfacing on Irvine Boulevard from Red Hill Avenue
to the easterly City limit, Red Hill Avenue from Irvine Boulevard to La Colina Drive, and Santa Clara
Avenue from Yorba Street to west of Fairmont Way. All of these segments of streets have a common
Approval of Cooperative Agreements No. D03-025 and D03-059 with the County of Orange for
Resurfacing on Irvine Boulevard, Red Hill Avenue, and Santa Clara Avenue
August 18, 2003
Page 2
boundary with the County of Orange. The Cooperative Agreements commit the City of Tustin to
reimburse the County of Orange for approximately $67,500.00 for the City's proportional share of the
costs for design, inspection, and construction of the applicable portions of Irvine Boulevard, Red Hill
Avenue, and Santa Clara Avenue. The City Attorney has reviewed and approved the agreements as to
form.
~Tim D. Serlet '~
Director of Public Works/City Engineer
Engineering Services Manager
TDS:DRK:ccg:Coop Agmt #D03-025 & D03-059 w-County.doc
Attachments: Cooperative Agreements No. D03-025 and D03-059
Location Exhibits
Z
~ ~ ~ ~ ,z ' o
:::7:: ""°I" ~ :~~c~~ ~ -~
~ VN]aVsvd ~ ~
Z
Agreement No. D03-025
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
AGREEMENT
of
THIS AGREEMENT, for purposes of identification hereby dated the
,20 , is
day
BY AND BETWEEN
AND
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."
WITNESSETH
WHEREAS, COUNTY proposes to asphalt overlay resurface Irvine Boulevard from Red
Hill Avenue to the easterly Tustin city limit, 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, 2003, titled Asphalt Overlay
Resurfacing of Irvine Boulevard; and
WHEREAS, PROJECT is declared CATEGORICALLY EXEMPT from CEQA
(14CCR15301 (c)); and
WHEREAS, COUNTY and CITY wish to define areas of responsibility for the design,
construction and inspection of PROJECT.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
Agreement No. D03-025
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
I. COUNTY SHALL:
A. Be and is hereby designated as Project Engineer, Contracting and
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 of 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 field
decisions and/or issuing PROJECT change orders affecting PROJECT's design and/or costs by
10% or greater of the CITY's deposit to COUNTY for any portion or portions of PROJECT within
CITY limits.
E. 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.
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 ENGINEER the plans and specifications as to
design and construction features affecting the construction, operation and maintenance of the
~ortion of PROJECT within CITY limits.
///
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
Agreement No. D03-025
B. Be responsible for the entire total cost of construction and any approved
extra work for that portion of PROJECT construction within CITY limits plus a proportionate share
of the engineering and inspection costs based on the ratio of CITY's construction costs to the
total contract construction costs. The portion of PROJECT within CITY limits shall be as CITY
boundaries exist at the time the COUNTY's Board of Supervisors awards the contract 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 Thirty-two Thousand Nine Hundred Dollars
($32,900) including engineering and inspection costs, and in no event shall the final construction
cost to CITY exceed Thirty-five Thousand Eight Hundred Dollars ($35,800) without written
approval of CITY.
C. At all times during the progress of construction of PROJECT within CITY
limits, have access to the work thereof 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
~er the approved plans and specifications and approved extra work.
E. Not withhold any approval or concurrence without good Cause.
Ill. 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.
If said Final Accounting Report as approved by CITY ENGINEER shows that the
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
Agreement No. D03-025
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 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. Pursuant to and in accordance with Section 8546.7 of the California
Government Code, as 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.-
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 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.
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 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
Agreement No. D03-025
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.
III
0
0
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
AGREEMENT
Agreement No. D03-059
of
THIS AGREEMENT, for purposes of identification hereby dated the
,20 , is
day
BY AND BETWEEN
AND
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."
WITNESSETH
WHEREAS, COUNTY proposes to asphalt overlay resurface Red Hill Avenue from Irvine
Boulevard to La Colina Drive and Santa Clara Avenue from Yorba Street to west of Fairmont
Way, 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, 2003, titled Asphalt Overlay
Resurfacing of Various Streets in Orange County, 2003-04; and
WHEREAS, PROJECT is declared CATEGORICALLY EXEMPT from CEQA
(14CCR15301 (c)); and
WHEREAS, COUNTY and CITY wish to define areas of responsibility for the design,
2
$
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
Agreement No. D03-059
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 Project Engineer, Contracting and
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 of 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 field
decisions and/or issuing PROJECT change orders affecting PROJECT's design and/or costs by
10% or greater of the CITY's deposit to COUNTY for any portion or portions of PROJECT within
CITY limits.
E. 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.
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 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.
5
6
7
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
Agreement No. D03-059
B. Be responsible for the entire total cost of construction and any approved
extra work for that portion of PROJECT construction, within CITY limits plus a proportionate share
of the engineering and inspection costs based on the ratio of CITY's construction costs to the
total contract construction costs. The portion of PROJECT within CITY limits shall be as CITY
boundaries exist at the time the COUNTY's Board of Supervisors awards the contract 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 Twenty-nine Thousand Two Hundred Dollars
($29,200) including engineering and inspection costs, and in no event shall the final construction
cost to CITY exceed Thirty-one Thousand Seven Hundred Dollars ($31,700) without written
approval of CITY.
C. At all times during the progress of construction of PROJECT within CITY
limits, have access to the work thereof 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
3er the approved plans and specifications and approved extra work.
E. Not withhold any approval or concurrence without good cause.
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.
If said Final Accounting Report as approved by CITY ENGINEER shows that the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
Agreement No. D03-059
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 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. Pursuant to and in accordance with Section 8546.7 of the California
Government Code, as 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.
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 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.
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 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
Agreement No. D03-059
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.
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
Agreement No. D03-059
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
dates opposite their respective signatures:
CITY OF TUSTIN
A municipal corporation
Dated: By:
Mayor
ATTEST:
Clerk of the Council
APPROVED AS TO FORM:
Date: By:
Chairman of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED
THE CHAIRMAN OF THE BOARD
Date: By:
Darlene J. Bloom
Clerk of the Board of Supervisors of
Orange County California
Date:
APPROVED AS TO FORM
OFFICE OF THE COUNTY);~3~JNSEL
ORANGE
By
0
0
oooo o ooo oo o oooo oo ~i ~
~oooooooo~oooooo ~ ~ ~
ooo~oooo~oooooo oo
qqq~qqq~c~qq~qq ~