HomeMy WebLinkAboutCC 11 COOP AG D81-028 03-21-83 .~/~/~, ~o. ~ ~
3-21-83
Inter-Corn
DATE MARCH i , 1983 ~,~A~/
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS~CITY ENGINEER
COOPERATIVE AGREEMENT NO. D81-028, .IRVINE BLVD.
RECOMMENDATION:
That the Tustin City Council, at their meeting of March 21, 1983, authorize the
Mayor to execute Agreement No. D81-028 in behalf of the City subject to review and
approval by the City Attorney's office.
BACKGROUND:
The County of Orange has been acting as lead agency for the reconstruction,
widening and realignment of Irvine Blvd. between 130 feet southeasterly of
Ranchwood Road and Culver Drive. The portion of this project within the city
limits of Tustin lies between 130 feet southeasterly of Ranchwood Road and the
proposed realignment of Myford Road.
Plans and specifications which have been. prepared by the County of Orange are
currently being reviewed for approval by Caltrans and the Federal Highway ·
Administration (.FH.W.A.')
DISCUSSION:
Attached is Agreement No. D8~-028 which designates the County as lead agency for
right of way acquisition, proJect engineering, contracting and construction
engineering for the duration of the proJect.
The right of way acquisition consists of crop loss compensation for existing crops
lost due to project construction. The Irvine Company has offered to donate all
real property required for the construction of the project.
The physical improvements of the project will consist of complete reconstruction
of the roadway to four travel lanes (two lanes each direction) with a raised
unlandscaped median. In the vicinity of the Irvine Company Agricultural
Headquarters facility and the site of the Old Irvine residence, Irvine Blvd. will
be realigned southerly to preserve the historical sites.
This project is being funded by Federal Aid Urban (F.A.U.) monies on the basis of
the federal share at 86% and the local agencies share of 14~. The right of way
cost (crop loss) is not a participating item for federal funding within this
project. This cost will be borne by the local agencies for crops lost within the
respective jurisdictions.
COOPERATIVE AGREEMENT NO. D81-028, IRVINE BLVD.
MARCH 16, 1983
PAGE TWO
The following is a recap of Tustin's share of project costs:
BUDGET ESTIMATED ESTIMATED CROP
YEAR/AMOUNT CONSTRUCTION COST LOSS COST
1982-83/$150,000 $140,000 ---
1983-84/$48,000 --- $58,000
This project will require additional budgeting in the amount of $48,000 in the
1983-84 fiscal year.
Agreement No. D81-028 is currently being reviewed by the City Attorney's office
with respect to form. His comments should be available for the March 21st Council
meeting.
A tentative time schedule is unavailable at this time. A copy of same will be
forwarded to the Council when it is made available from the County.
BOB LEDENDECKER
DIRECTOR OF PUBLIC WORKS/
CITY ENGINEER
db
Attachment
Agreement No. D81-028
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AGREEMENT
THIS AGREEMENT, 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.m
W I TNE S SETH
W~IEREAS, COUNTY and CITY propose- to widen and reconstruct and to realign
portions of Irvine Boulevard from 130 feet southeasterly of Ranchwood Road to Culver
Drive, hereinafter referred to as "PROJECT,; and
WHEREAS, the portion of Irvine Boulevard between 130 feet southeasterly of
Ranchwood Road to ultimate (New) Myford Avenue centerline is within incorporated
CITY limits; and
WHEREAS, COUNTY has applied to CALTRANS for Federal Aid Urban (FAU)
funding for construction of PROJECT; and
~REAS, real property must be acquired from The Irvine Company for
construction of PROJECT and The Irvine Company has agreed to grant necessary real
property for PROJECT in consideration for PROJECT and the payment of crop loss
compensation for existing crops lost because of pROJECT's construction; and
WHEREAS, COUNTY has offered to acquire right of way for PROJECT and to
design, construct and inspect PROJECT, and CITY concurs witl~ COUNTY's offer; and
WHEREAS, COUIFfY and CITY wish to define areas of responsibility for the
right of way acquisition, design, construction and inspection of PROJECT.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
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Agreement No. D81-028
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I. COUNTY:
A. 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.
B. Is hereby designated as Project Engineer in charge of right-of-
way acquisition for PROJECT and shall comply with all applicable laws governing the
acquisition of right-of-way by a public agency.
C. 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 Completion
of PROJECT.
D. Shall submit to CITY, for approval by the City Engineer or his
designee, hereinafter referred to as "CITY ENGINEER," any agreement on final crop
loss Compensation costs with The Irvine Company for portions of PROJECT within City
territory.
E. Shall submit plans and specifications to CITY ENGIN,'.~.R, for
review and approval as to design and construction features affecting CIT~ territory.
F. Shall obtain the written concurrence of CITY ENGINS~R prior to
issuing PROJECT change orders affecting PROJECT design for portions of PROJECT
within CITY territory.
G. Shall not accept improvements under the contract for PROJECT
until CITY ENGINw.,:R approves, in writing, the construction as it affects the
operations and maintenance of PROJECT within CITY territory.
H. Shall during the period of construction, have jurisdiction over
the construction area including that portion within incorporated CITY territory.
///
Agreement No. D81-028
II.
CITY:
A. Hereby is designated as a "Responsible Agency" for compliance
B. Shall review for approval by CITY ENGINEER any agreement between
the COUNTY and The Irvine Company which determines crop loss compensation for
portions of PROJECT within CITY territory.
7 C. Shall review for approval by CITY ENGINEER the plans and
8 specifications as to design and construction features affecting the construction,
9 operation and maintenance of the portion of PROJECT within CITY territory.
10 D. Shall be responsible for the actual cost to acquire right of way
11 for portions of PROJECT within CITY territory. CITY's portion of right of
!2 way acquisition cost shall be for the crop loss compensation paid to The Irvine
13 Compapy for crop. loss due to PROJECT construction within'CitY territory plus a
14 proportionate share of the appraisal and engineering cost basedon the ratio of
15 CITY's crop loss compensation cost to the total crop loss compensation cost. For
16 informational purposes only, the estimated crop loss compensation cost for CITY's
17 portion of PROJECT is Fifty Eight Thousand Dollars ($58,000).
18 E. Shall be responsible for the fourteen percent (14%) local agency
19 share of construction cost for that portion of PROJECT construction within CITY
20 territory plus a proportionate share of the engineering and inspection costs based
21 on the ratio of CITY's construction costs to the total contract construction costs.
2~ The estimated cost for CITY's portion of PROJECT construction cost is approximately
23 $140,000 including engineering and inspection costs, and in no event shall the final
24 construction cost to CITY exceed One Hundred and Fifty Thousand Dollars ($150,000)
· 5 without written approval of CITY ENGINEER.
26 F. At all times during the progress of construction of PROJECT
27 within CITY territory have access to the work thereon for the purpose of inspection
28 and, should CITY deem any remedial measures to be necessary, CITY shall notify
Agreement No. D81-028
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COUNTY thereof.
G. Review completed construction for PROJECT and give COUNTY
approval to accept improvements within CITY territory. Approval shall be withheld
only for work not completed per the approved plans and specifications.
III. PAYMENTS AND FINAL ACCOUNTING
A. After crop loss compensation is determined, CITY shall, within
thirty (30) days after COUNTY's request, deposit with COUNTY, CITY's share of crop
loss compensation cost. Crop loss compensation will be determined after COUNTY
completes an appraisal report for right of way acquisition. Crop loss compensation
will be determined in an agreement between COUNTY and The Irvine Company, which will
be submitted to CITY ENGINuER for approval-, or will be determined through the
eminent domain process if agreement between COUNTY and The Irvine Company cannot be
reached.
B. After COUNTY's opening of bids for a construction contract for
PROJECT, CITY will, upon COUNTY's request, deposit with COUNTY, CITY's share of
PROJECT construction costs based on an adjustment according to actual bid prices.
In no event shall such deposit exceed One Hundred and Fifty Thousand Dollars
($150,000) without written approval of CITY ENGINEER.
C. Within one hundred and twenty (120) 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.
If said Final Accounting Report as approved by CITY ENGIN~-~-R shows
that the total cost to CITY is less than the amount deposited with COUNTY, COUNTY
shall promptly reimburse CITY the difference between the amount deposited and the
actual cost. If said Final Accounting Report as approved by CITY ENGINEER shows
that the total cost to CITY is more than the amount deposited by CITY, CITY shall
promptly reimburse COUNTY for the difference between the amount deposited and the
actual cost in accordance with the provisions of Section II D. and II E.
Agreement No. D81-028 .
i IV. IT IS MUTUALLY UNDERSTOODAND AGREED:
2 A. Upon acceptance of the improvements under the contract by
3 COUNTY, CITY shall accept right-of-way acquired by COUNTY and maintenance
4I responsibility for the portion of PROJECT within CITY territory.
5 B. The portion of PROJECT limits within CITY territory shall be as
6 CITY boundaries existing at the time COUNTY's Board of Supervisors authorizes
7 advertisement of the construction contract for bids.
8 C. If approval for FAU funding for construction of PROJECT is not
9 received by January 30, 1984, this agreement may be terminated by either party upon
10 thirty (30) days written notice to the other party, and CITY cost shall be for a
11 proportionate share of actual PROJECT cost-to that. date.
'~2 D. That neither CITY nor any officer or ~mployee thereof shall be
13 resPOnsible for any damage or liability occurring by reason of anything done or
14 omitted to be done by COUNTY under or in connection with any work, authority, or
15 jurisdiction delegated to COUNTY under this agreement. It is also understood and
16 agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully
17 indemnify, defend, and hold CITY harmless from any liability imposed for injury (as
18 defined by Government Code Section 810.8), occurring by reason of anything done or
19 omitted to be done by COUNTY under or in connection with any work, authority, or
20 jurisdiction delegated to COUNTY under this agreement.
21 E. That neither COUNTY nor any officer or employee thereof shall be
22 responsible for any damage or liability occurring by reason of anything done or
23 omitted to be done by CITY under or in connection with any work, authority, or
24 jurisdiction not delegated to COUNTY under this agreement. 'It is also understood
~,5 and agreed that pursuant to Government Code Section 895.4, CITY shall fully
26 indemnify, defend, and hold COUNTY harmless from any liability imposed for injury
27 (as defined by Government Code Section 810.8) occurring by reason of anything done
28 or omitted to be done by CITY or in connection with any work, authority, or
Agreement No. D81-028
jurisdiction not delegated to COUNTY under this agreement.
IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its
Mayor and attested by its Clerk, an~ 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.
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CITY OF TUSTIN
A municipal corporation
Dated: , 19 BY
Mayor
Clerk of the Council
APPROVED AS TO FORM:
CITY ATTORNEY
BY
COUNTY OF ORANGE
A political subdivision of the State
of California
Dated: , 19 BY
Chairman, Board of Supervisors
SIGNED /~'qD CERTIFIED THAT A COPY OF
THIS DOCUMENT ~ BEEN DELIVERED
TO '£-~. CHAIRMAN OF Tm BOARD
June Alexander
Clerk of the Board of Supervisors
of Orange County, California
APPRO%~D AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CAlIFOrNIA
Date