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HomeMy WebLinkAboutCC 13 MOULTON PKWY 06-20-83DA inter-Corn JUNE 13, 1983 FROH: S UBJ £CT: WILLIAM HUSTON, CITY MANAGER BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CII~{ ENGINEER MOULTON PARKWAY/IRVINE CENTER DRIVE AGREEMENT WITH CITY OF IRVINE RECOMMENDATION: That the Tustin City Council, at their meeting of June 20, 1983, authorize the Mayor to execute the attached agreement which provides the basis for the City of Irvine to provide certain administrative and inspection services to the City of Tustin for the implementation of the construction phase of the Moulton Parkway/Irvine Center Drive Realignment and Widening Project. BACKGROUND: In July of 1982, the Cities of Irvine and Tustin executed an agreement designating the City of Tustin as the lead agency for environmental document preparation, plan and specification preparation, and construction contract administration. The environmental document and plans/specifications have been completed. The project has been advertised for bids and award of said contract, subject to all Caltrans approvals, is anticipated on June 20, 1983 by the City of Tustin. DISCUSSION: The attached agreement, which is a supplement to the July, 1982 agreement between both agencies, provides the basis for the City of Irvine to provide administrative · and inspection services to the City of Tustin for the implementation of the construction phase of the Moulton Parkway/Irvine Center Drive Realignment and Widening Project. Tusttn, as the lead agency on the project, is responsible for said administrative and inspection services and had originally planned to contract these services to a consultant engineering firm. Due to the recent slow down in the economy, the City of Irvine has offered to perform this work with their in-house staff at a direct cost based upon an hourly salary rate, plus fringe benefit cost. It is estimated that Irvine can perform these services at a more economical rate than a private consultant firm. There are two areas of work which will still require the utilization of consultants due to the scope of work exceeding thecapabilities of either City. This contractual work is being addressed in two separate agreements, which will be presented at the June 20, 1983 Council meeting. All project administration and inspection costs incurred from this agreement will be 86% funded by Federal Aid-Urban (FAU) monies. Tustin's share of the budgeted amounts for these services has been included within the current 1983-84 and the upcoming 1984-85 budgets. MOULTON PARKWAY/IRVINE ~ENTER DRIVE AGREEMENT WITH CITY ur IRVINE ~UNE 13, 1983 /PAGE TWO The City Attorney's office has previously reviewed and approved this agreement with respect to form. Approval of this agreement will continue the cooperative efforts of both Cities to improve traffic circulation in both communities by providing a direct east-west roadway connection and the potential for a new north-south arterial highway. BOB LEDENDECKER' DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER db Attachment FIRST AMENDMENT MOULTON PARKWAY/IRVINE CENTER DRIVE AGREEMENT This First Amendment, made and entered into this day of by and between the CITY OF IRVINE, a municipal corporation of the State of California, herein- after referred to as "IRVINE", and the CITY OF TUSTL~, a municipal corporation of the State of California, hereinafter referred to as "TUSTIN", is the first amendment to the agreement between the parties entitled "Moulton Parkway/Irvine Center Drive Agree- ment" dated the 25th day of August, 1982. WITNESSETH WHEREAS, an agreement exists between TUSTIN and IRVINE dated 25th August, 1982, specifying the terms under which certain improvement (the "PROJECT") will be designed, financed and constructed, the "AGREEMENT"{ and WHEREAS, TUSTIN and IRVINE mutually desire to modify the terms of the A~ree- ment referrin~ to the administration and inspection of the PROJECT; and WHEREAS, IRVINE and TUSTIN agree that they ShA~I1 be responsible fo~ the full enst of administrative and support services, and roadway improvements lying within the corporate boundaries of the respective agencies, more specifically described in sub- paragraphs 31, 3~ and 3K of the Agreement; and WHEREAS, IRVINE and TUSTIN do mutually desire to cooperate, and jointly parti- cipate in administering and constructing PROJECT, and desire to specify herein the terms and conditions under which PROJECT shall be administered 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 utilize mem- bers of both TUSTIWs and IRVINE's staffs in the administration and inspection of the PROJECT. NOW, THEREFORE, 1T IS AGREED by the parties hereto as follows: PARAGRAPHS 1, 2, AND 3 OF THE AGREEMENT ARE HEREBY MODIFIED TO READ: 1. TUSTIN shall be the lead a~eney, and responsible for the following: A. Coordinate the activities of a consultant for the preparation of the Environ- mental Assessment Document for the PROJECT. Bm Processing of said Enviornmental Assessment Document for approval by CalTrans end the Federal Highway Works Administration. Preparation of plans, specifications, estimates, bid and contract doouments for the PROJECT. Dm Em Submittal of plans, specifications, estimates, and bid documents to CalTrans, Federal Highway Works Administration, 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. -1- Notwithstanding the financial obligations of IRVINE as stated in Paragraphs 3I, 3~7, and 3I( herein, TUSTIN shall advance funds for all payments required on the preparation of the Environmental Assessment Document and engineer- ing design until July 1, 1983, at which time IRVINE shall be responsible for payments es set forth in Paragraph 2C herein. Designate a qualified' engineer to supervise the PROJECT, approve and pro- eess A{! payments, approve Contract Change Orders, and to be the liaison with C. alTrans on the PROJECT. H. Designate a person to monitor and enforce the Minority Business Enterprise programs for the PROJECT. Pay for services provided by IRVINE empl.oye, es on the entire PROJE .CT as set forth in Paragraph 2 below within thirty (30) days of date IRVINE sunmits an invoice. Provide copies of all TUSTIN codes, ordinances, and procedures to be followed within TUSTIN'S corporate limits' during construction to IRVINE'S designated administrator. K. Prepare and supply to IRVINE reproducible copies of "as built" plans of the PROJECT lying within IRVINE'S corporate boundaries. L. Contract for all consultant support services to the PROJECT. Support ser- vices shall include but not be limited to: 1. Surveying services. 2. Bridge inspection and engineering services. 3. Back up soils consultant to be available when the County of Orange EMA cannot respond. M. Contract for a consultant or consultants to perform the following: 1. Interpret plans and specifications during construction; and 2. Prepare plans and specifications for contract change orders during construction; and 3. Review and approve shop drawings, provide consultation for traffic control and detour plans; and 4. Prepare as-built plans from red-lined prints submitted by the Contractor and inspector. 2. IRVINE shall be the supporting agency, and responsible for the following: A. Upon receipt of completed plans, specifications, estimates, and bid docu- ments, approve same within fifteen (15) days of submittal by TUSTIN. Be That in the event IRVINE fails to approve the plans, specifications, and esti- mates, costs of modification Sl~Rll 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, tabulations ShAh be borne by the parties hereto in accordance with the allocation set forth in Paragraphs 3I, 3J, and 3K. -2- P-xeept as provided in Paragraph 1F above, payments by IRVINE to TUSTIN shall be made within thirty (30) days of receipt of itemized statement from TUSTIN for-- 1. Progress paments for PROJECT made to eontraetor in accordance with the construction contract; and Final billing of all costs associated with PROJECT, including engineering and administrative costs as set forth in Paragraphs 31, 3J, and 3K as evidenced by the firml report for the PROJECT. D. Provide the day-to-day construction administration sarviees on the PROJECT. E. Provide all necessary inspection services on the PROJECT. Provide Secretarial Services and maintain the PROJECT files. G. Mor/itor and enforce E.E.O. policies on the PROJECT. Prepare a final report containing All costs involved in the preparation, eon- struetion, and administration of the PROJECT, delineating the fiscal respon- sibility of each of the parties hereto. L Submit to TUSTIN a monthly invoice for services rendered per A, B, C, D, E, F, G and H above. 3. It is mutually tmderstood and agreed: Am 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. eontreet for PROJECT. During construction, TUb~FIN shall designate a Resident Engineer/Inspector, who s!~11 be charged with overall pr.jeer administration and on-site inspec- tion for the PROJECT. The PROJECT shall, however, be subject at all times to inspention by the authorized representatives of IRVINE, and said represan- tatives will cooperate and consult with each other, but orders of the Resident Engineerflnspeetor shall be 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 TUSTII~S Resident Engineer/Inspector after re- ceipt by TUSTIN of a deposit of funds from IRVINE to enver the cost of' such work, plus five percent (5%) for contingencies and nineteen percent (19%) for construction 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 cliseretion of the Resident Engineerflnspeetor. Any required deposit shall thereafter be provided within thirty (30) days of notice from the Resident Engineer/Inspec- tor. D. That TUSTIN shall submit to IRVINE, a Notice of Completion within thirty (30) days after final aece@tance of work on PROJECT. -3- 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 juris- diction delegated to IRVINE. It is ~1~ 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 Govern- ment Code Section 810.8), occurring by mason of anything done or omitted to be done by IRVINE, under or in connection with any work, authority, or juris- diction delegated to under this egeeement. P® 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 jurisdic- tion delegated to TUSTIN. It is also 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 (as defined by Govern- ment Code Seetion 810.8), occurring by reason of anything done or omitted to be done by TUSTIN, under or in connection with any work, authority, or juris- diction delegated to TUSTIN under this agreement. That IRVINE and TUSTIN sim1! each retain the obligation and responsibility of repair and maintenance of all public facilities within their respective porate 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, eanh party to this agreement sb~l! assume full maintenance responsibility for the portion of the PROJECT within its corporate boundaries, except ss may be otherwise identified in the contract speeifieations. IRVINE'S share of the cost of preparation of the Environmental Assessment Document sb~l! be sixteen and 56/100 percent (16.56%) of the total actual cost of TWENTY THREE THOUSAND SIX HUNDRED THIRTY-SIX DOLLARS AND NINETY-SEVEN CENTS ($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 spoeified in Paragraph 2C herein. IRVINE'S share of the engineering design east is currently estimated to be SEVENTEEN THOUSAND POUR HUNDRED DOLLARS ($17,400.00) 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 eonstruetion phase of the PROJECT shall be based'upon actual contract bid prices for ~l! 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 essoeiated 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. Le TUSTIN and IRVINE will coordinate, cooperate, and consult with each other, but the decision of the engineer, appointed by TUSTIN pursuant to Paragraph I above, shah be final -4- Me Ce All services performed under this Agreement s~]l be in compliance with the California Department of Tl. ansportation Local Programs Manual. Within thirty (30) days of redeipt of an invoice from TUSTIN, IRVINE shah pay for IRVINE'S matching share of the Project. Notwithstanding the financial obligation of IRVINE as stated in Paragraphs 3I, 3J, and 3K of the Agreement, TUSTIN shah advance the funds for all pay- ments required in the construction and administration of the Project. TUSTIN shah also invoice of the Federal and 8tote agencies for the total Project F.A.U. share. IN WITNESS WHEREOF, the parties hereto have caused this amendment to Agree- ment to be executed by their respective officers, duly authorized, the provisions of which Agreement aue effective es of the day, month, and year herein above written. CITY OF IRVINB Approved as to form: Attorney of the City of Irvine Attorney AS~gvi 531-60 of the City of Tustin By By Mayor City Clerk CITY OF TUSTIN By By Mayor City Clerk -5- UPP£R NEWPORT