Loading...
HomeMy WebLinkAboutNB 3 ENG'R DSGN SVCS. 08-16-82 ~ No. 3 ~ 8-16-82 DATE AUGUST 11, 1982 Inter-Corn TO: FROM: S UBJ ECT: WILLIAM HUSTON, CITY MANAGER BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER JOINT AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR MOULTON PARKWAY/IRVINE CENTER DRIVE RECOMMENDATION: That the Tustin City Council, at their meeting of August 16, 1982, approve and authorize the Mayor to execute the attached Moulton Parkway/Irvine Center Drive Agreement between the Cities of Irvine and Tustin for the preparation of the environmental assessment documents, construction plans and specifications, and construction contract administration. BACKGROUND: During the past two to three years, the City of Tustin has acted as the lead agency for the preparation of the environmental assessment documents, improvement plans and specifications, and the construction contract administration for the realignment of Moulton Parkway/Irvine Center Drive between Culver Drive and Red Hill Avenue. This work has been accomplished on a verbal commitment to date, wherein Tustin has advanced the majority of design fees accumulated to date. DISCUSSION: The attached agreement formalizes the commitments of each agency and outlines the methods of reimbursement to the City of Tustin for services performed under the terms of the agreement. The agreement has been reviewed and approved by the Tustin City Attorney's office and has been approved and authorized for execution by the Mayor of Irvine. DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER db Attachment MOULTON PARKWAY/IRVINE CENTER DRIVE AGREEMENT This AGREEMENT, made and entered into this day of , 1982, by and between the CITY OF IRVINE, a municipal corp~on of the State of California, hereinafter referred to as "IRVINE", and the CITY OF TUSTIN, a municipal corporation of the State of California, hereinafter referred to as "TUSTIN." W I TNE S S E TH WHEREAS, it has been determined that a need exists for the realignment and widening of Moulton Parkway/Irvine Center Drive, between Culver Drive and 1350± feet easterly of Red Hill Avenue and the extension of Myford Road northerly from Moulton Parkway/Irvine Center Drive to the northerly boundary of the Atchison Topeka and Santa Fe Railroad right of way, hereinafter referred to as "PROJECT." WHEREAS, the construction of the PROJECT will improve vehicular circulation and traffic safety, and WHEREAS, increased benefits to public safety and convenience will insure to all parties hereto, and WHEREAS, IRVINE and TUSTIN agree that they shall be responsible for the full cost of Environmental Assessment document preparation, engineering design services, and roadway improvements lying within the corporate boundaries of the respective agencies, more specifically described in sub-paragraphs 3I, 3J, and 3K herein, and WHEREAS, IRVINE and TUSTIN do mutually desire to cooperate, and jointly participate in designing and constructing 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. TUSTIN shall be the lead agency, and responsible for the following: A. Coordinate the activities of a consultant for the preparation of the Environmental Assessment Document for the PROJECT. B. Processing of said Environmental Assessment Document for approval by Caltrans and the Federa) Highway Works Administration. Gm Preparation of plans, specifications, estimates, bid and contract documents for the PROJECT. Submittal of plans, Specifications, estimates, and bid documents to CalTrans, Federal Highway Works Ad~ninistration, and Irvine for review and approval. Advertise and bid the PROJECT and, subject to the approval of CalTrans, Federal Highway Works Administration, and Irvine, award a contract to the lowest responsible bidder for construction of the PROJECT. Fe Notwithstanding the financial obligations of IRVINE as stated in Paragraphs 3I, 3J, and 3K herein, TUSTIN shall advence funds for all payments required on the preparation of the Environmental Assessment Document and engineering design until July 1, 1982, at which time IRVINE shall be responsible for payments as set forth in Paragraph 2C herein. Ge Prepare a final report containing all costs involved in the preparation, construction, and administration of the PROJECT, delineating the fiscal responsibility of each of the parties hereto. H. Prepare and supply to IRVINE, reproducible copies of "as built" plans of the PROJECT lying within IRVINE'S corporate boundaries. 2. IRVTNE shall 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 TUSTIN. That in the event IRVINE fails to approve the plans, specifications, and estimates, costs of modification shall be borne solely by the requesting agency. In the event that IRVINE shall fail to approve the final plans, specifications, and estimates, the provisions of this agreement shall terminate and all costs accrued to that time, including project administration costs expended to date, and final tabulations shall be borne by the parties hereto in accordance with the allocation set forth in Paragraphs 3I, 3J, and 3K. Ce Except as provided in Paragraph 1F above, payments by IRVINE to TUSTIN shall be made within thirty days of receipt of itemized statement from TUSTIN for: 1) Progress payments for PROJECT made to contractor in accordance with the construction contract; 2) Final billing of all costs associated with PROJECT, including engineering and administrative costs as set forth in Paragraphs 3I, 3J, and 3K, as evidenced by the final report for the PROJECT. 3~ IT IS MUTUALLY UNDERSTOOD AND AGREED: TUSTIN shall notify IRVINE not less than ten (10) days prior to advertising a contract for PROJECT, and within ten (10) days after award of contract for PROJECT. During construction, TUSTIN shall designate a Resident Engineer/Inspector, who shall be charged with overall project administration and on-site inspection for the PROJECT. The PROJECT shall, however, be subject at all times to inspection by the authorized representatives of IRVINE, and said representatives will cooperate and consult with each other, but orders df tha Resident Engineer/Inspector shall be final. Ge In the event IRVINE desires any additional or extra work over and above that specifically provided for in the approved final plans and specifications, such work shall be paid for by IRVINE and accomplished by means of an executed Change Order approved by TUSTIN'S Resident Engineer/Inspector after receipt by TUSTIN of a deposit of funds from IRVINE to cover the cost of such work, plus five percent (5%) for contingencies and nineteen percent (19%) for constr~ction engineering, administration, and overhead. Change Orders deemed to be of an urgency nature in the interest of the public's general health, safety, and welfare may be initiated immediately at the discretion of the Resident Engineer/Inspector. Any required deposit shall thereafter be provided within thirty (30) days of notice from the Resident Engineer/Inspector. That TUSTIN shall submit to IRVINE, a Notice of Completion within thirty (30) days after final acceptance of work on PROJECT. That neither TUSTIN 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 IRVINE under or in connection with any work, authority, or jurisdiction delegated to IRVINE. It is also understood and agreed that pursuant to Government Code Section 895.4 that IRVINE shall fully indemnify and hold TUSTIN 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 IRVINE, under or in connection with any work, authority, or jurisdiction delegated to under this agreement. That neither IRVINE 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 TUSTIN under, in connection with any work, authority, or jurisdiction delegated to TUSTIN. It is also understood and agreed that pursuant to Government Code Section 895.4 that TUSTIN shall fully indemnify and hold IRVINE 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 TUSTIN, under or in connection with any work, authority, or jurisdiction delegated to TUSTIN under this agreement. That IRVINE and TUSTIN shall each retain the obligation and responsibility of repair and maintenance of all public facilities within their respective corporate boundaries in the area of the PROJECT, but which are not part of the PROJECT as defined by the plans and specifications. Upon receipt of the above referenced Notice of Completion and acceptance of PROJECT, each party to this agreement shall assume full maintenance responsibility for the portion of the PROJECT within its corporate boundaries, except as may be otherwise identified in the contract specifications. IRVINE'S share of the cost of preparation of the Environmental Assessment Document shall be sixteen and 56/100 percent (16.56%) of the total actual cost of $23,636.97, plus any additional specialty work ($302.50) requested by IRVINE. Payment by IRVINE to TUSTIN shall be in accordance with the provisions as specified in Paragraph 2C h~rein. IRVINE'S share of the engineering design cost is currently estimated to be $~7,400.00 plus any additional specialty work requested by IRVINE. Payment by IRVINE to TUSTIN shall be in accordance with the provisions as specified in ParagraPh 2C herein. IRVINE'S share of the construction phase of the PROJECT shall be based upon actual contract bid prices for all work accomplished within the corporate boundaries of IRVINE, to which will be added twelve percent (12%) for contract administration and inspection, to which shall be added any previously unpaid portion of costs associated with any authorized Change Orders as provided in Paragraph 3C herein. Payment by IRVINE to TUSTIN shall be in accordance with the provisions as 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 effective as of the day, month, and year herein above written. APPROVED AS TO FORM: CITY OF IRVINE Attorney of the City of Irvine BY: Mayor BY: City Clerk APPROVED AS TO FORM: CITY OF TUSTIN Attorney of the City of Tustin BY: Mayor BY: City Clerk