HomeMy WebLinkAboutCC 4 BROWNING RESURF 04-16-84APRIL 4, ,004 Inter-Corn
TO:
FROM:
S UBJ ECT:
WILLIAM HUSTON, CITY MANAGER
BOB L.EDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
COOPERATIVE AGREEMENT NO. D84-058 BROWNING AVENUE RESURFACING
RECOMMENDATION:
That the Tustin City Council, at their meeting of April 16, 1984, authorize the
Mayor to execute the attached Agreement No. D84-058 on behalf of the City ~ubject
to the final approval of the City A~torney.
BACKGROUND:
The County of Orange will be performing street maintenance work on Browning ~venue
between Laguna Road and 330 + feet southerly of San Juan Street within the
unincorporated County terri~ry. The County has offered to include the road
maintenance work within the City territory on the easterly side of Browning Avenue
within their contract.
DISCUSSION:
The proposed work includes the following items:
1. Petromat fabric installation over the existing roadway surface.
2. Two inch thick asphaltic concrete overlay over the existing
roadway surface.
3. Regrading of dirt roadway shoulders to conform to new A.C.
overlay of road surface.
The estimated cost for this work within the City limits is $7,100.00. This
project will require no additional budgeting of funds. It is proposed to fund
this project from th~xisting 1983-84 Capital Improvement Budget project entitled
Major Street'Maintenance. Program (Account #054560559140).
The attached Agreement provides for the County of Orange to act as lead agency for
this street maintenance work along Browning Avenue. The City Attorney's office is
currently reviewing this document with respect to format and any execution of the
Agreement by City Council should be made subject to the City Attorney's approval.
Bob Ledendecker
Director of Public Works/City Engineer
BL:jr
Attachment
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Agreement No. D84-058
AGREEMENT
THIS AGREEMENT, made and entered into this
, 1983.
BY AND BETWEEN
AND
day of
The CITY OF TUSTIN, a municipal corporation,
hereinafter designated as "CITY,"
The COUNTY OF ORANGE, a political subdivision of
the S~ate of California, hereinafter designated
as "COUNTY."
WITNESSETH
WHEREAS, COUNTY proposes to resurface Browning Avenue from Laguna l~oad to
approximately 330 feet southwesterly of San Juan Street, hereinafter referred to as
PROJECT;
W~REAS, a portion of Browning Avenue between the above named limits is
within CITY limits; and
WHEREAS, Browning Avenue is a secondary arterial highway on CITY's and
COUNTY's Master Plan of Arterial Highways; and
W~tEREAS, 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 April 1984, titled Maintenance
Contract for Resurfacing of Various Streets in Orange County; and
WHEREAS, COUNTY and CITY wish to define areas of responsibility for the
design, 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 Lead Agency for PROJECT and shall
prepare and process all necessary environmental documents required by the California
Environmental Quality Act of 1970 (CEQA) as amended.
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Agreement No. D84-058
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
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 Certificate of Comgletion
of PROJECT.
C. 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 features affecting PROJECT within CITY limits.
D. Obtain the written concurrence of CITY ENGINEER prior to issuing
PROJECT change orders affecting PROJECT design 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. During the period of construction, have jurisdiction over the
construction area including that portion within CITY limits.
II. CITY SHALL:
A. l~eview 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.
B. Be responsible for the entire construction cost for that portion
of PROJECT construction within CITY limits, as CITY boundaries exist at the time
COUNTY's Board of Supervisors accepts improvements constructed under contract for
PROJECT. The estimated cost for CITY's portion of PROJECTtS construction cost is
approximately Seven Thousand One Hundred Dollars ($7,100).
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
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Agreement No. D84-058
and, should CITY deem any remedial measures to be necessary, CITY shall notify
COUNTY thereof.
D. Review completed construction for PROJECT and give ~OUNTY
authorization to accept improvements within CITY limits. Authorization shall be
withheld only for work not completed per the approved plans and specifications.
III. PAYMENTS AND FINAL ACCOUNTING:
A. Within ninety (90) days after the acceptance of the improvement
under the contract by COUNTY, COUNTY shall submit to CITY for review and approval by
CITY ENGINEER a Final Accounting Report for PROJECT, with an invoice for CITY's
share of PROJECT cost.
B. CITY shall within 45 days of receipt of Final Report and
invoice, reimburse COUNTY for CITY's share of PROJECT cost subject to the Final
Report as approved by CITY ENGINEER and DIRECTOR EMA.
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. If COUNTY fails to award the PROJECT construction contract by
September 30, 1984 this agreement may be terminated by either party upon thirty (30)
days written notice to the other party, and CITY shall not be responsible for any
actual PROJECT cost.
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
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Agreement NO. D84-058
omitted to be done by COUNTY under or in connection with any work, authority, or
jurisdiction delegated to COUNTY under this agreement.
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.
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Agreement No. D84-058
IN WITNESS W~REOF, 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.
CITY OF TUSTIN
A municipal corporation
Dated: , 19 BY
Mayor
ATTEST:
APPROVED AS TO FO~:
Clerk of the Council
BY
City Attorney
COUNTY OF ORANGE
A political subdivision of the State
of California
Dated: , 19 BY
Chairman, Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAII~MAN OF THE BOARD
APPgDVED AS TO FOPS4:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFOI~IA
DORIS L. HILBERT
Clerk of the Board of Supervisors
of Orange County, California
l~te
DEU :rmdDT25-17 -5-
3/27/84