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HomeMy WebLinkAboutCC 7 AG NO. D83-107 01-16-84DATE: . JANUARY 6, 1984 CONSENT C~T.RNDAR NO. 7 1-16-84 Inter-eom FROH: SUBJECT: WILLIAM HUSTON, CITY MANAGER BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER AGREEMENT NO. D83-107 - MYFORD ROAD AND BRYAN AVENUE INTERSECTION WIDENING RECOMMENDATION: ll~at the Tustin City Council, at their meeting of January 16, 1984, authorize the Mayor to execute Agreement No. D83-107 for Myford Road and Bryan Avenue intersection widening improvement, subject to final approval of the CityAttorney. BACKGROUND: In early 1983, the County of Orange requested the City to participate in the improvement of the Myford Road and Bryan Avenue intersection. Initially, these improvements were to consist of Widening for the construction of left turn lanes, replacement of the shoulder bikeway, drainage facilities and a traffic signal. The traffic signal has since been deleted due to overall project costs. In response to this request, the City.has budgeted an amount of $40,000.00 in the current 1983-84 budget for this project. DISCUSSION: The attached agreement provides for l~yford Road and Bryan Avenue intersection improvements as a cooperative project between the County of Orange and the City of Tustin. It designates the County as lead agency for the project and makes them responsible for: 1. Preparation and processing of all necessary environmental documents. 2. Project Engineer in charge of right of way acquisition. 3. Project Engineer for all design and construction of the project. The estimated cost of Tustin's share for this project is $35,000.00. The City Attorney's office is currently reviewing the agreement with respect to format. It is requested that the City Council authorize the Mayor to execute this agreement, subject to the final review and approval of the City Attorney. Bob Ledendecker Director of Public Works/City Engineer BL:jr Attachment Agreement No. D83-107 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 27 AGREEMENT THIS AGB~.EMENT, made and entered into this , 1983. BY AND BETWEEN day of 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." W ITNE S SETH WHEREAS, Myford P~ad and Bryan Avenue are Arterial Highways on CITY's and COUNTY's Master Plans of Arterial Highways; and W~u~REAS, COUNTY proposes to widen the intersection of Myford Road at Bryan Avenue for the purpose of constructing left turn lanes, replacing shoulder bikeway and drainage facilities, hereinafter referred to as PROJECT; and WHEREAS, the portion of PROJECT westerly of centerline of Myford Road is within CITY limits; and WHEREAS, it is anticipated that temporary construction easements and/or slope and drainage easements will be needed for PROJECT; and W~REAS, no signalization work is to be included in the proposed contract; 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 SMALL: 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. --1-- Agreement No. D83-107 1 B. Be and is hereby designated as Project Engineer in charge of 2 right-of-way acquisition for PROJECT and shall comply with all applicable laws 3 governing the acquisition of right-of-way by a public agency. 4 C. Be and is hereby designated as Project Engineer, Contracting and 5 Construction Agent for the parties to do and perform all things necessary in order 6 to design and construct PROJECT in accordance with the approved plans and ? specifications and to execute and deliver all documents required in connection with 8 the construction and completion of said PROJECT, including Certificate of Completion 9 of PROJECT. 10 D. Submit right-of-way documents and right-of-way cost estimate to 11 CITY for review and approval by the City Engineer or his designee, hereinafter 12 referred to as "CITY ENGINEER," for the right-of-way acquisition within CITY 13 territory. 14 E. Submit plans and specifications to CITY for review and approval 15 by the CITY ENGINEER, as to design and construction features affecting PROJECT 16 within CITY limits. 17 F. Obtain the written concurrence of CITY ENGINEER prior to issuing 18 PROJECT change orders affecting PROJECT design for any portion or portions of 19 PROJECT within CITY limits. 20 G. Not accept improvements under the contract for PROJECT until 21 CITY ENGINEER approves, in writing, the construction as it affects the operation and 22 maintenance of PROJECT within CITY limits. 23 H. Have jurisdiction over the construction area during the period ~4 of construction, including that portion within CITY limits. 25 II. CITY SHALL: 26 A. Be and is hereby designated as a "Responsible Agency" for 27 compliance with CEQA. ~8 B. Review for approval by CITY ENGINEER, the right-of-way documents --2-- Agreement No. D83-107 1 and cost estimate before right-of-way acquisition is completed for CITY's portion of 2 PROJECT. 3 C. Review PROJECT for conformity with CITY's General Plan pursuant 4 to Government Code Section 65402, and certify same to DIRECTOR, EM~. 5 D. Review for approval by CITY ENGINEER the plans and 6 specifications as to design and construction features affecting the construction, 7 operation and maintenance of the portion of PROJECT within CITY limits. 8 E. Be responsible for one hundred percent (100%) of right-of-way 9 acquisition cost including any appraisal cost, right-of-way engineering and 10 administration costs, for portion of PROJECT within CITY territory. 11 F. Be responsible for one hundred percent (100%) of construction 12 cost for that portion of PROJECT construction within CITY limits plus a 13 proportionate share of the engineering and inspection costs based on the ratio of 14 CITY's construction costs to the total contract construction costs. The portion of 15 PROJECT within CITY limits shall be as CITY boundaries exist at the time COUNTY's 16 Board of Supervisors accepts improvements constructed under contract for PROJECT. 17 The estimated cost for CITY's portion of PROJECT's construction cost is approx- 18 imately Thirty-five Thousand Dollars ($35,000) including engineering and inspection 19 costs. In no event shall the final cost to CITY including right-of-way exceed Forty 20 Thousand Dollars ($40,000) without written approval of CITY ENGINEER. 21 G. At all times during the progress of construction of PROJECT 22 within CITY limits, have access to the work thereon for the purpose of inspection 23 and, should CITY deem any remedial measures to be necessary, CITY shall notify 9.4 COUNTY thereof. 25 H. Review completed construction for PROJECT and g~ve COUNTY 26 approval to accept improvements within CITY limits. Approval shall be withheld only 27 for work not completed per the approved plans and specifications. 28 /// --3-- Agreement No. D83-107 1 III. PAYMENTS AND FINAL ACCOUNTING:. 2 A. After COUNTY receives bids for PROJECT construction, CITY will, 3 upon COUNTY's request~ deposit with COUNTY, CITY's share of PROJECT's construction 4 costs based on actual bid prices and actual compensation (if any) paid for right-of- 5 way within CITY territory. 6 B. Within one hundred twenty (120) days after the acceptance of the 7 'improvement under the contract by COUNTY, COUNTY shall submit to CITY for review and 8 approval by CITY ENGINEER a Final Accounting Report for PROJECT. 9 If said Final Accounting Report as approved by CITY ~NGINEER shows 10 that the total cost to CITY is less than the amount deposited with COUNTY, COUNTY 11 shall promptly reimburse CITY the difference between the amount deposited and the 12 actual cost. If sai~ Final Accounting Report as approved by CITY ENGINEER shows ]3 that the total cost to CITY is more than the amount deposited by CITY, CITY shall 14 promptly reimburse COUNTY for the difference between the amount deposited and the 15 actual COSt subject to the provisions of Paragraphs II. E and II. F. 16 IV. IT IS MUTUALLY UNDEI~STOOD AND AGREED: 17 A. Upon acceptance of the improvements under the contract by 18 COUNTY, CITY shall accept maintenance responsibility for the portion of PROJECT 19 within CITY limits. 20 B. If PROJECT is found to be unacceptable environmentally pursuant 21 to CEQA or if COUNTY fails to award the PROJECT construction contract by 22 December 31, 1984, this agreement may be terminated by either party upon thirty (30} 23 days written notice to the other party, and CITY shall be responsible for its 24 proportionate share of actual PROJECT cost to that date. 25 C. Pursuant to and in accordance with Section 10532 of the 26 California Government Code, in the event that this Contract involves expenditures of 27 State funds aggregating in excess of Ten Thousand Dollars ($10,000), the parties 28 shall be subject tO the examination and audit of the Auditor General of the State of Agreement No. D83-107 1 California for a period of three (3) years after final payment under this Contract. 9. D. That neither CITY nor any officer or employee thereof shall be' S responsible for any damage or liability occurring by reason of anything done or 4 omitted to be done by COUNTY under or in connection with any work, authority, or 5 jurisdiction delegated to COUNTY under this agreement. It is also understood and 6 agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully 7 indemnify, defend, and hold CITY harmless from any liability imposed for injury (as 8 defined by Government Code Section 810.8), occurring by reason of anything done or 9 omitted to be done by COUNTY under or in connection with any work, authority, or 10 jurisdiction delegated to COUNTY under this agreement. 11 E. That neither COUNTY nor any officer or employee thereof shall be 12 responsible for any damage or liability occurring by reason of anything done or 13 omitted to be done by CITY under or in connection with any work, authority, or 14 jurisdiction not delegated to COUNTY under this agreement. It is also understood 15 and agreed that pursuant to Government Code Section 895.4, CITY shall fully 16 indemnify, defend, and hold COUNTY harmless from any liability imposed for injury 17 (as defined by Government Code Section 810.8) occurring by reason of anything done 18 or omitted to be done by CITY or in connection with any work, authority, or 19 jurisdiction not delegated to COUNTY unde= this agreement. 20 III 91 III ~.~. III ~.S III 24 III 2§ III 26 //I 9~7 III 2~ //I -5- Agreement No. D83-107 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 t° 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. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF TUSTIN A municipal corporation Dated: , 19 BY Mayor ATTEST: APPROVED AS TO FOPS4: 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 T~AT A COPY OF THIS DOCUMENT HAS B,:,:N DELIVERED TO THE CHAIP~MAN GF THE BOARD June Alexander Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL OPANGE COUNTY, CALIFORNIA Date DEU: emwDT19-7 12/12/83 -6-