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Home My WebLink AboutCC 13 MYFORD RD DSGN 02-06-84OATE: ' JANUARY 31, ~984 CONSENT CALENDAR. NO. 13 2,6-84. Inter-Corn FROM: S~JECT: WILLIAM HUSTON, CITY MANAGER BOB LEDENOECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER MYFORD ROAO DESZGN ANO CONSTRUCTION AGREEMENT RECOMMENDATION: That the Tustin City Council, a~ their meeting of February 6, 1984, authorize the Mayor to execute the Agreement between City of Irvine and City of Tusttn.for the destgn and construction of Myford Road between Michelle Drive and the A.T. & S.F. Railroad right-of-way. BACKGROUND: The Cities of Irvine .and Tustin have applied for and received an Arterial Highway Financing Program (A.H.F.P.) pKoject for the design and construction of Myford Road between Mtchelle'Dr~ve and the A.T. & S.F. Railroad right-of-way. This project is a two phase project. Phase I is for two travel lanes (one each direction) and was approved in 1983. Phase 1I is'the widening of the initial two lanes to four lanes, which both cities are seeking approval for in early 1984. City of Irvine has requested to be the lead agency on the project for both cities. The City currently has funds pudgeted for Phase I of the project and 'staff will recommend budgeting the remainder of the required funding in 1984-85 after approval has been obtained from the A.H;F.P. Committee. DISCUSSION: The attached Agreement provides for the design and construction of Myford Road improvements as a cooperative project between the City of Irvine and the City of Tustin. This Agreement designates the City of Irvine as lead agency for the project and makes them responsible for: Project Engineer in charge of right-of-way acquisition. Project Engineer for all design and construction of the project. The City Attorney's office has reviewed this Agreement with respect.to format and is in concurrence with same. All costs for this A.H.F.P. Project will be shared as follows: County A.H.F.P. share 50% City of Irvine share 25% City of Tustin share 25% MYFORD ROAD DESIGN AND CONSTRUCTION AGREEMENT JANUARY 31, 1984 PAGE 2 It is requested that the City Council authorize the Mayor to execute this Agreement on behalf of the City. Bob Ledendecker Director of Public Works/City Engineer BL:jr Attachment MYFORD ROAD AGREEMENT This AGREEMENT, made and entered into this ~ day of ~ 1984 by. and between .the CITY OF IRVINE, a municipal coz~oration of the ~tate of CAii~'ornia, hereinafter referred to as mlRV1NE", and the CITY OF TUSTIN, a municipal corporation of the State of California, hereinafter referred to as "TUSTIN." WITNESSETH WHEREAS, it has been determined that a need exists for the realignment and widening of Myfurd Road, between Michelle Drive and the northerly boundary-of the Atchison Topeka and Santa Fe Railroad fight of way, hereinafter referred to as "PROJECT," and WHEREAS, the ~onstruetion of the PROJECT w/ll imf'ore vehicular circulation and traffic safety, and WHEREAS, increased benefits to pubUe safety and convenience wiU insure to all [~artias hereto, and WHEREAS, IRVINE and TUSTIN agree that they shall be responsible for fifty /)ereent (5096) of the cost of Environmental Asse~__ement, project funding application, engineering design services, and roadway improvements, more specifically described in sub-paragraphs $I and 3J herein, and WHEREAS, IRVINE and TUSTIN do mutually desire to cooperate, and jointly @artieipate in designing and eoastructing PROJECT, and desire to specify herein the terms and conditions under which PROJECT shall be designed, financed, and constructed,' and WHEREAS, IRVINE and TUSTIN, in an effort to coordinate construction, have determined that it will be to the mutual benefit of IRVINE and TUSTIN to design their individual portions of the PROJECT under a single design contract and to construct their individual portions of the PROJECT under a single construction contract. NOW, THEREFORE, IT IS AGREED BY THE PARTIES HERETO AS FOLLOWS: 1. IRVINE shall be the lead agency, and responsible f~r the following: Ae Preparation of plans, specifications, estimates, bid and contract documents for the PROJECT. Submittal of /)lans, specifications, estimates, and bid documents to County of Orange and Tustin for review and apt~rovaL Ce Advertise and bid the PROJECT and, subject to the approval of County of Orange and Tustin, award a contract to the lowest responsible bidder for eoastruetion of the PROJECT. 521-27/#1 -1- Do Prepare a final report containing ,11 costs involved in the preparation, construction, and administration of the PROJECT, delineating the fiscal responsibility of each of the parties hereto. Prepare and supply to TUSTIN, reproducible copies of "as built" plans of the PROJECT. TUSTIN shill1 be the supporting agency, and responsible for the following: A® Upon receipt of completed plans, specifications, estimates, and bid documents, approve same within fifteen days of submittal by IRVINE. That in the event TUSTIN desires to modify the plans and specifications, costs of modification shall be borne solely by the City of Tustin. In the event that TUSTIN sb,li fail to approve the final plans, specifications, and estimates, the provisions of this agreement sb~ll terminate and ,1] costs accrued to that time, including project administration costs expended to date, and final tabulations s~ll be borne by the parties hereto in accordance with the allocation set forth in Paragraphs 3I and 3J. Ce Payments by TUSTIN to IRVINE sb-n be made within thirty days of receipt of itemized statement from IRVINE for: l) Progress payments for PROJECT made to contractor in accordance with the construction contract; 2) Progress payments for. the design and preparation of improvement plans and project administration; 3) Final b{lHu~ of all costs associated with PROJECT, including engineering and administrative costs as set forth in Paragraphs 3I and 3J as evidenced by the final report for the PROJECT. De Sb~u review completed construction for project and give Irvine approval to accept improvements within Tnstin City Limits. Approval shall be withheld only for work not completed per the approved plans and specifications. IT IS MUTUALLY UNDERSTOOD AND AGREED: IRVlNE shall notify TUSTIN not less than ten (10) days prior to advertising a contract for PROJECT, and within ten (10) days after award of contract for PROJECT. B® During construction, IRVINE shall designate a Resident Engineer/Inspector, who shall be charged with overall project administration and on-site inspection for the PROJECT. The PROJECT shsil; however, be subject at all times to inspection by the authorized representatives of TUSTIN, and said representatives will cooperate and consult with each other, but orders of the Resident Engineer/Inspector stroll be fin-k 521-27/#1 -2- Co Dm Ee He In the event TUSTIN desires to modify at, roved plans, or generate any additional or extra work over and above .that specifically provided~ for-in the al)proved final plans and specifications, such work shall be paid for by TUSTIN, including 100% of all related design, engineering, administration, ir~peetion, etc., and accomplished by means of an executed Change Order atll)roved by IRVINE'S Resident Er~ineer/lmpeetor. Chan~e Ordem deemed to be of an u~eney nature in the interest of DUblie health, safety, and welfare may be initiated immediately at the dt_seretion of the Resident Engineer/Inspector. That IRVINE shall submit to TUSTIN, a Notice of Completion within thirty (30) days after final acceptance of work on PROJECT. That neither IRVIHE nor any office or employee thereof S{~ll be responsible for any damage or liability occurring by reason of any~ching done or omitted to be done by TUSTIN under or in connection with any work, authority, or jurisdiction delegated to TUSTIN. It is m]-qo understood and agreed that purs,mnt to Government Code Section 895.4 that TUSTIN shall fully indemnify and hold .IRVINE harmless from any liability imposed for injury (ss defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by TUSTIN, under or in connection with any work, authority, or jurisdiction delegated to under this agreement. That neither TUSTIN nor any officer or employee thereof sb~H be responsible for any damage or liability occurring by reason of any$.hing done or omitted to be done by IRVINE under, in connection with any work, authority, or jurisdiction delegated to IEVINE. It is also understood and agreed that pursuant to Government Code Section 895.4 that IRVINE shall fully idemnify and hold TUSTIN harmless from any liability imposed for injury (ss defined by Government Code 8,etlon 810.8), occurring by reason of anythini{ done or' omitted to be done by IRVINE, under or in couneetion with any work, authority, or jurisdiction delegated to IRVINE under this ageeement. That IRVINE and TUSTIN shall each retain the obligation and responsibility of repair and maintenance of ~{! public facilities within their respective corporate bound_~_~ies in the area of the PROJECT, but which are not part of the PROJECT ss defined by the plans and specifications. Upon receipt of the above referenced Notice of Completion and acceptance of PROJECT, each party to this agreement sb~ll assume f,,ll maintenance responsibility for the portion of the PROJECT within its corporate boundaries, except as may be otherwise identified in the contract specifications. 521-27/#1 -3- TUSTIN'S share of the engineering design cost is to be fifty percent (50%) of local share plus one hundred percent (100%)of any additional specialty work requested by TUSTIN. Payment by TUSTIN to IRVINE shall be in accordance with the provisions as sp.eeified in Paragraph 2C herein. Jo TUSTII~PS share of the construction phase of the PROJECT shall be fifty percent (50%) of local share including ~li authorized change orders, contract administration, inspection, and related costs, except as provided in Paragraph $C herein. Payment by TUSTIN to IRVINE shall be in accordance with the provision es specified in Paragraph 2C herein. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officers, duly authorized, the provisions of which agreement are effeetive as of the day, month, and year herein above written. APPROVED AS TO FOtIM: CITY OF IRVINE Attorney of the City of Irvine BY: Ma~or BY: City Clerk APPROVED AS TO FOI{M: CITY OF TUSTIN Attorney of the City of Tustin Mayor BY: City Clerk 521-27/#1 -4-