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Home My WebLink About07 REHAB I-5 FWY 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 AGREEMENT NO. 2003-01 WITH IRVINE RANCH WATER DISTRICT FOR JAMBOREE ROAD REHABILITATION FROM I-5 FREEWAY TO IRVINE BOULEVARD (CIP NO. 7174) SUMMARY The proposed Cooperative Agreement between the City of Tustin and the Irvine Ranch Water District (IRWD) provides for IRWD to reimburse the City for IRWD's proportionate share of the work on the Jamboree Road Rehabilitation Project from I-5 Freeway to Irvine Boulevard (CIP No. 7174). RECOMMENDATION It is recommended that the City Council approve Cooperative Agreement No. 2003-01 with the Irvine Ranch Water District (IRWD) to reimburse the City for IRWD's proportionate share of the work on the Jamboree Road Rehabilitation Project from I-5 Freeway to Irvine Boulevard (CIP No. 7174), and authorize the Mayor and City Clerk to execute the document on behalf of the City. FISCAL IMPACT Cooperative Agreement No. 2003-01 stipulates that IRWD will deposit $12,000.00 with the City for reimbursement of IRWD's proportionate share of the work on the Jamboree Road Rehabilitation Project from I-5 Freeway to Irvine Boulevard (CIP No. 7174). The final amount reimbursed to the City will be based upon actual quantities and costs for this work. BACKGROUND The City of Tustin's Jamboree Road Rehabilitation Project from I-5 Freeway to Irvine Boulevard (CIP No. 7174) includes adjustment of IRWD's water valve boxes and sewer manhole covers to the new pavement surface. The Cooperative Agreement commits IRWD to deposit $12,000.00 with City for reimbursement of IRWD's proportionate share of the costs for inspection and adjustment of the applicable water valve boxes and sewer manhole covers along Jamboree Road. DISCUSSION The City Council awarded the Jamboree Road Rehabilitation Project to All American Asphalt at their meeting on May 19, 2003. A letter of agreement had previously been signed by IRWD indicating their willingness to participate in their proportionate share of the work and their intent to enter into this cooperative agreement. The City Attorney has reviewed and approved this agreement as to form. Tim D. Sedet Director of Public Works/City Engineer TDS:DRK:ccg:Coop Agmt w IRWD Jamboree Rd Rehab.doc Attachments: Cooperative Agreement No. 2003-01 Location Exhibit Dana R. Ka~da6 ~ Engineering Services Manager 2003 IRWD Utility Adjustment Agreement July 2003 Page 1 Agreement # 2003-01 AGREEMENT THIS AGREEMENT, made and entered into this th day of BY AND BETWEEN: ,2003, Irvine Ranch Water District, a California Water District fomled and existing pursuant to California Water District Law, hereinafter referred to as "IRWD," The City of Tustin, a municipal corporation, hereinafter referred to as "CITY," WITNESSETH WHEREAS, City is preparing to contract for the Rehabilitation of Jamboree Road from I-5 to Irvine Boulevard, in the City of Tustin, hereinafter referred to as "PROJECT", and WHEREAS, such construction will necessitate the raising of 31 water valve boxes on domestic and reclaimed water mains and raising 6 sewer manholes to grade, as depicted on the project plans incorporated by reference herein, and WHERFAS, IRWD desires City to perform the adjustment of said IRWD facilities at a cost of $300 per water valve box and $450 per sewer manhole, as part of the PROJECT; and WHEREAS, City is willing to include these water valve box and sewer manhole adjustments in PROJECT at IRWl}'s-cost. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged and agreed, the parties hereto hereby agree as follows: IRWD SHALL: A. Deposit with CITY $12,000 as the estimated cost for said manhole and water valve box adjustment. Said deposit shall be made within 30 days of receipt of this fully executed agreement. 2003 IRWD Utility Adjustment Agreement July 2003 Page 2 B. Prior to commencement of said project, insure that adequate markings are available to facilitate subsequent locating and adjusting of all the sewer manholes and water valve boxes. Pay the total cost for adjusting said sewer manholes and water valve boxes to grade. Said total cost will be determined by multiplying the unit price, by the total number of units adjusted, plus 5% for CITY inspection and administration. To protect IRWD and CITY from unbalanced bids, regardless of the mount, IRWD shall be responsible for bid item prices not to exceed the estimated costs stated above plus 25%. ff esha work is required, its cost will be added to said total cost, but extra work will only be performed after prior approval by IRWD's engineer or manager. IRWD will have five (5) working days to review and either approve or disapprove costs for extra work and will work to provide said decision in less than that time. CITY SHALL: Bo Include in PROJECT contract documents items for "Adjust Sewer Manhole" and "Adjust Water Valve Box" as bid items, and through its contractor, shall adjust said sewer manholes and water valve boxes in accordance with PROJECT contract and IRWD standards. Upon completion of said PROJECT, prepare and submit to IRWD a statement of the final cost authorized by this agreement, which statement shall include the number of units adjusted, unit price, 5% administrative fee and extra work, if any. ff this final cost exceeds the deposit, IRWD shall, within 30 days of receipt of statement, pay CITY for the difference; if the final cost is less than the deposit, CITY shall, with the statement, refund the difference to IRWD. MUTUAL INDEMNITY: It is mutually understood and agreed that: A. Neither CITY nor any officer, employee, or agent thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by IRWD under or in connection with any work, authority, or jurisdiction delegated to IRWD under this agreement. It is also understood that, pursuant to Government Code Section 895.4, IRWD shall fully indemnify protect, defend and hold harmless CITY and its officers, employees, agents thereof from any liability imposed for injury (as defined by Government Code Section 810.8), including attorneys fees and costs, occurring by reason of anything done or omitted to be done by IRWD under or in connection with any work, authority or jurisdiction delegated to IRWD under this agreement. B. Neither IRWD nor any officer, employee, or agent 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 delegated to CITY under this agreement. It is also understood that, pursuant to Government Code Section 895.4, CITY shall fully indemnify protect, defend and hold harmless IRWD and its officers, employees, agents 2003 IRWD Utility AdjuStment Agreement July 2003 Page 3 thereof from any liability imposed for injury (as defined by Government Code Section 810.8), including attorneys fees and costs, occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this agreement. IN WITNESS WHEREOF, CITY and IRWD have mused this agreement to be executed by the Mayor and attested to by the City Clerk; and IRWD has caused this agreement to be executed by the General Manager,, all thereunto duly authorized by the City Counc'fl and the Board of Directors, respectively. CITY OF TUSTIN A municipal corporation Dated: By: ATFEST: City Clerk Tracy Wills Wofley, Mayor APPROVED AS TO FORM: City Attorney ~5/ r // 0 IRWD A California Water District Dated: By: ATTEST: Paul D, Jones, General Manager APPROVE AS TO FORM: By: By: Secretary/Assistant Secretary Legal Counsel, IRWD Z \ o ,, ~o