HomeMy WebLinkAboutCC 3 ST MAINT PROG AG 02-22-83~A~G ~'~ ~ "~1~ CONSENT CALENDAR
E 3A
%~2: (~..~" ~ 2-22-83
Inter - C om
TO:
FROM:
SUBJECT:
WZLLIAM HUSTON CITY MANAGER
DALE WICK, ASSISTANT CITY ENGINEER
COOPERATIVE AGREEMENT BETWEEN COUNTY OF ORANGE AND
CITY OF TUSTIN FOR F.Y. 82-'83 STREET MAINTENANCE
PROGRAM AND TRAFFIC SIGNAL AT RED HILL & IRVINE
RECOMMENDATION:
It is recommended that the City Council, at their meeting of
Feb. 22, 1983, adopt a Minute Order authorizing the Mayor to
execute and the City Clerk to attest to the attached Cooperative
Agreement No. D82-128.
BACKGROUND:
Subject Cooperative Agreement provides for County funding for
that portion of Irvine Blvd. within County territory which will
be resurfaced with the City's F.Y. '82-'83 Street Maintenance
'Program, which is now being advertised for bids. In addition,
the agreement provides County funds for the County FAU share of
the traffic signal at Irvine BIvd. and Red Hill which was
improved under the Irvine Blvd. FAU project. Total estimated
County funds to be provided are:
Irvine Bivd. Resurfacing
Signal at Irvine & Red Hill
TOTAL
$17,800.00
4,200.00
$22,000.00
DALE A. WICK
ASSISTANT CITY ENGINEER
db
Attachment
cc:
City Attorney
City Clerk
Finance Director
A~ee~en~ No. D82-~28
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AGREEMENT
THIS AG~.MENT, made and entered into this
, 1983.
BY AND BETWEEN
AND
day of
The CITY OF TUSTIN, a municipal corporation,
hereinafter designated as mCITY,"
The COUNTY OF ORANGE, a political subdivision
of the State of California, hereinafter
designated as mCOUNTY."
W I TNE S SETH
WHEREAS, CITY proposes to resurface Irvine Boulevard, between Newport
Boulevard and Red Hill Avenue, hereinafter referred to as PROJECT~ and
%~REAS, a portion of Irvine Boulevard between Charlcma Drive and Redhill
Avenue is within unincorporated COUNTY territor¥~ and
~HEREAS, CITY has received FAU funding for a project which includes
upgrading and interconnecting traffic signals along Irvine Boulevard between Yorba
Street and Redhill Avenue~ and
W~t~REAS, PROJECT shall include the portion of the FAU project which
provides for the upgrading of the traffic signal at the Redhill Avenue/Irvine
Avenue intersection~ and
I~REAS, CITY has requested that COUNTY provide financial participation
for C0~rY's portion of PROJECT and COUNTY concurs with CITY's request~ and
W~:REAS, CITY and COUNTY wish to specify the terms for reimbursement to
CITY for COUNTY's portion of PROJECT.
NOW, THEREFORE, IT IS AGI~EED by the parties hereto as follows:
I. CITY S~ALL:
A. Be and is hereby designated as Lead Agency for PROJECT and shall
prepare and process all necessary environmental documents required by the
Agreement No. D82-128
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California Environmental Quality Act of 1970 (CEQA) as amended.
B. Be and 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 said COUNTY portions of PROJECT in accordance with the
plans and specifications, as approved by COUNTY, and to execute and deliver all
documents required in connection with the construction and completion of said
PROJECT including Certificate of Cost and Certificate of Completion of PROJECT.
C. During the period of construction, have jurisdiction over the
construction area including that portion described above within COUNTY territory.
D. Not issue change orders of PROJECT work affecting COUNTY without
first having obtained the written concurrence of the Director, Environmental
Management Agency, or his designee, hereinafter referred to as DIRECTOR EMA.
E. Notaccept improvements under contract until DIRECTOR EMA
approves, in writing, the construction as it affects the operations and maintenance
of PROJECT withinCOUNTY limits.
II. COUNTY SHALL:
A. Be and hereby is designated as a 'Responsible Agency" for com-
pliance withCEQA.
B. Review for approval by DIRECTOR EMA, the plans and specifications
as to design and construction features affecting the construction., operation and
maintenance of the portion of PROJECT within COUNTY road rights-of-way.
C. Be responsible only for, a) the actual cost to resurface the
roadway, per the reco~nendation of the EMA Materials Laboratory, for COUNTY's
portion of Irvine Boulevard between Charloma Drive and Red Hill Avenue and for a
proportionate share of the cost of engineering and inspection based on the ratio of
COUNTY's construction cost to the total contract construction cost and, b) four
thousand two hundred dollars ($4,200) which is % of the 14% local match of the
$60,000 construction cost to upgrade and interconnect the traffic signal at the
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Agreement No. DSR-1R8
i Irvine Avenue/Reclhill Avenue intersection. COUNTY's portion of Irvine Boulevard
2 shall be that portion of roadway improvements lying within the boundaries of
3 unincorporated territory, more or less as shown on the attached Exhibit A and as
4 these boundaries exist at the time of advertising the project.
5 D. At all times during the progress of construction of said COUNTY
6 portions within Irvine Boulevard right-of-way have access to the work thereon for
? the purpose of inspection thereof~ and should COUNTY deem any remedial measures to
8 be necessary, DIRECTOR EMA shall notify CITY thereof.
9 E. Reimburse CITY for COUNTY's share of PROJECT. Said share shall
10 be determined by Section II. C. and shall be limited to the cost of the work done
11 on that portion of PROJECT described in Section II. C. The estimated cost for
12 COUNTY's portion of PROJECT is approximately $22,000 including engineering and
13 inspection costs, and in no event shall the final cost to the COUNTY exceed $24,000
14 unless approved in writing by DIRECTOR EMA.
15 III. Payments and Final Accounting
16 A. Within thirty (30) days after CITY's advertisement of PROJECT for
17 bids, COUNTY will, upon CITY's request~ deposit with CITY its share of the PROJECT
18 construction funds based on an adjustment according to actual bid prices, but in no
19 event shall such deposit exceed $24,000.
20 B. Within ninety (90) days after the acceptance of the improvement
21 under the contract by CITY, CITY shall submit to COUNTY for review and approval by
~ COUNTY a Final Accounting Report which shall contain a certification signed by the
23 Director of Public Works and the Director of Finance that all expenditures applica-
~4 ble to PROJECT have been made and that copies of all invoices and warrants are on
25 file with the CITY and shall be made available to COUNTY upon request.
26 C. If said Final Accounting Report as approved by COUNTY shows that
27 the total cost to COUNTY is less than the amount deposited with CITY, CITY shall
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Agreement No. D82-128
I p=omptly reimburse C0~TY the 4ifference between the amount deposited an4 the
2 actual cost. If said Final Accounting Report as approved by COUNTY shows that the
3 total cost to C0~TI~ is more than the amount deposited by COUNTY, COUNTY shall
4 promptly reimburse CITY for the difference between the amount deposited and the
5 actual cost subject to the provisions of Section II. E.
6 IV. IT IS MUTUALrJY UNDERSTOOD AND AGREED:
7 A. Pursuant to and in aocordance with Section 10532 of the
8 California Government Code, in the event that this Contract involves expenditures
9 of State funds aggregating in excess of ten thousand dollars ($10,000), the parties
10 shall be subject to the examination and audit of the Auditor General of the State
11 of California for a period of three (3) years after final payment under this
12 Contract."
13 B. That neither COUNTY nor any officer or 'employee thereof shall be
14 responsible for any damage or liability occurring by reason of anything done or
15 omitted to be done by CITY under or in conne6tion with any work, authority or
16 Jurisdiction delegated to CITY under this agreement. It is also understood and
17 agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify,
18 defend and hold COUNTY harmless from any liability imposed for injury (as defined
19 by Government Code Section 810.8), occurring by reason of anything done or omitted
~0 to be done by CITY under or in connection with any work, authority or jurisdiction
21 delegated to CITY under this agreement.
~ C. That neither CITY nor any officer or employee thereof shall be
~ 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 not delegated to CITY under this agreement. It is also understood and
26 agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully
27 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
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Agreement No. 082-128
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omitted to be done by COCRTEY under or in connection with any work, authority or
Jurisdiction not delegated to CITY under this agreement.
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Agreement No. D82-128
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IN WITRESSW~EOF, CITY has caused this agreement to ~e executed by its
Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed
by the Chairman of its Board of Supervisors and attested by its Clerk on the dates
written opposite their signatures, all thereunto duly authorized by the City Council
and the Board of Supervisors, respectively.
CITY OF TUSTIN, a municipal corporation
Dated: , 19 By
ATTEST:
Mayor
City Clerk
COUNTY OF OI~AI~GE, a political subdivision
of the State of Califorhia
Dated: , 19 . By
Chairman, Board of SuperviSors
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERF~D
TO THE C~AIRMAN OF THE BOARD
JUNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California
~: dthDT04-16
1/18/83
APPROVED AS TO FOP~M:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
Deputy
Date
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CITY'OF
TUSTIN
;OUNTY Of
ORANGE
LIMITS OF WORK WITHIN
COUNTY TERRITORY
Illlllilllllllll
LEGEND
PRELIMINARY ENGINEERING
R/W ACQUISITION
FINAL DESIGN
CONSTRUCTION
ORANGE COUNTY
ENVIRONMENTAL MANAGEMENT AGENCY
EXHIBIT A
COOPERATIVE AGREEMENT
D8Z-128
IRVINE BLVD.
SCALE= I' = 600'