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HomeMy WebLinkAbout11 - Street Slurry Seal Cooperative Agreement with the County• • April 12, 1999 CITY COUNCIL AGENDA ITEM NO. 11 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH FOR STREET SLURRY SEAL RECOMMENDATION: Authorize the Mayor to execute a cooperative agreement between the County of Orange and the City of Newport Beach for the slurry sealing of streets by the County within the City limits. DISCUSSION: This spring, the County of Orange will slurry seal streets within its jurisdiction. Three streets, Irvine Avenue, Orchard Avenue and Tustin Avenue, have a common City /County boundary within the project and they have offered to include slurry sealing of the City portion of the streets as part of their contract. Preparation of the contract documents and administration of the project is provided by the County. The cost for the City's share is estimated to be $10,000 and is available in the Street and Bikeway Improvement Account No. 7181- C5100302. Staff recommends that the City Council execute the agreement allowing the County to include the City portion of the streets in their contract. This larger project will cost less than a future smaller City project because of the economy of scale. It will also cause less inconvenience to the traveling public by disrupting traffic only one time through these roadway segments. Respectfully submitted, ), wve—� PUBLIC WORKS DEPARTMENT Don Webb, Director By: W William Patapoff City Engineer Attachments: Project Location Map Agreement F:Wsers \pb \shared \council \fy9 &99 \apr12 \County of Orange Slurry Z-0 UESA SLURRY SEAL OF VARIOUS STREET (COSTA MESA, NEWPORT BEACH U& SANTA9ANA HEIGHTS AREAS) 7 OF 6 5E i BRISTOL Sr. RN I n. < R. oa ssao. i CaM[1tY M �) I F�t, u JQe V' V,'� /ritlti ttitll l R Jn Slurry Seal of Various Streets Limits for City /County Cooperation Slurry Seal Project Agreement No. D99 -01( 1 • 2 A G R E E M E N T 3 THIS AGREEMENT, for purposes of identification hereby dated the day 4 of , 19 , is 5 BY AND BETWEEN 6 The CITY OF NEWPORT BEACH; a Municipal corporation, hereinafter 7 Designated as "CITY," AND 8 The COUNTY OF ORANGE, a political subdivision of the State of 9 California, hereinafter designated as "COUNTY." 10 11 - W I T N E S S E T H 12 WHEREAS, COUNTY proposes to slurry seal the following streets and limits: 13 Irvine Avenue - Orchard Avenue to southerly Newport Beach city limit Orchard Avenue - Irvine Avenue to Orchid Street • 14 Tustin Avenue - Emerson Street to 23`a Street 15 Hereinafter referred to as PROJECT; and 16 WHEREAS, a portion of PROJECT is within CITY limits; and 17 WHEREAS, CITY wishes to have its portion of PROJECT improved as part of COUNTY's 18 contract for PROJECT; and 19 WHEREAS, PROJECT is included in plans dated February, 1999, titled Slurry Seal 20 of Various Streets in Orange County, 1998 -99; and 21 WHEREAS, PROJECT is declared CATEGORICALLY EXEMPT from CEQA (14CCR15301(c)); and WHEREAS, COUNTY and CITY wish to define areas of responsibility for the design, 22 construction and inspection of PROJECT. 23 NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 24 I. COUNTY SHALL: 25 • 26 A. 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 1 Agreement No. D99 -01 1 design and construct PROJECT in accordance with the approved plans and specifications 2 and to execute and deliver all documents required in connection with the construct A 3 and completion of said PROJECT, including its Notice of Completion and Final 4 Accounting Report. 5 B. Submit plans and specifications to CITY for review and approval by 6 the City Engineer or his designee, hereinafter referred to as `CITY ENGINEER ", as to 7 design and construction features affecting PROJECT within CITY limits. 8 C. During the period of construction, have jurisdiction over the 9 construction area including that portion within CITY limits. 10 D. Obtain the written concurrence of CITY ENGINEER prior to making 11 field decisions and /or issuing PROJECT change orders affecting PROJECT'S design and /o 12 costs by 10% or greater of the CITY'S deposit to COUNTY for any portion or portions o 13 PROJECT within CITY limits. 14 E. Not accept improvements under the contract for PROJECT until CITY' 15 ENGINEER approves, in writing, the construction as it affects the operations and 16 maintenance of PROJECT within CITY limits. 17 F. Furnish and deliver to CITY, if requested, all documents required i 18 connection with the construction and completion of PROJECT. 19 G. Cause the contractor selected by COUNTY to perform the construction 20 of PROJECT in accordance with the approved plans and specifications to (i) name CITY 21 as an additional insured under its insurance policy for the construction of PROJECT 22 and (ii) add CITY as an additional party to be indemnified by said contractor under 23 the indemnity clause in the construction contract between COUNTY and contractor. II. CITY SHALL: 24 25 A. Review for approval by CITY ENGINEER the plans and specifications a: to design and construction features affecting the construction, operation and ' 26 maintenance of the portion of PROJECT within CITY limits. 2 Agreement No. D99 -01( 1 B. Be responsible for the entire total cost of construction and any • 2 approved extra work for that portion of PROJECT construction within CITY limits plus a 3 proportionate share of the engineering and inspection costs based on the ratio of 4 CITY'S construction costs to the total contract construction costs. The portion of 5 PROJECT within CITY limits shall be as CITY boundaries exist at the time COUNTY's 6 Board of Supervisors awards the contract for PROJECT. Said total cost will be 7 determined by multiplying the awarded contract's actual bid unit price by the total 8 number of work item units within CITY limits. The estimated cost for CITY's portion 9 of PROJECT's construction cost is approximately Ten Thousand Dollars ($10,000) 10 including engineering and inspection costs, and in no event shall the final 11 construction cost to CITY exceed Eleven Thousand Dollars ($11,000) without written 12 approval of CITY. 13 C. At all times during the progress of construction of PROJECT within 14 CITY limits, have access to the work thereof for the purpose of inspection and, should 15 CITY deem any remedial measures to be necessary, CITY shall notify COUNTY thereof. 16 D. Review completed construction for PROJECT and give COUNTY approval 17 to accept improvements within CITY limits. Approval shall be withheld only for work 18 not completed per the approved plans and specifications and approved extra work. 19 E. Not withhold any approval or concurrence without good cause. III• PAYMENTS AND FINAL ACCOUNTING: 20 A. After COUNTY receives bids for PROJECT construction, CITY will, upon 21 22 COUNTY's request, deposit with COUNTY, CITY's share of PROJECT's construction costs based on actual bid prices. 23 B. Within ninety (90) days after acceptance of the improvement under 24 the contract by COUNTY, COUNTY shall submit to the CITY for review and approval by 25 CITY ENGINEER a Final Accounting Report for PROJECT. • 26 3 Agreement No. D99 -010 1 If said Final Accounting Report as approved by CITY ENGINEER shows that 2 the total cost to CITY is less than the amount deposited with COUNTY, COUNTY shall 3 promptly reimburse CITY the difference between the amount deposited and the actual 4 cost. If said Final Accounting Report as approved by CITY ENGINEER shows that the 5 total cost to CITY is more than the amount deposited by CITY, CITY shall promptly 6 reimburse COUNTY for the difference between the amount deposited and the actual cost 7 subject to the provisions of Section II B. 8 IV. IT IS MUTUALLY UNDERSTOOD AND AGREED: 9 A. Upon acceptance of the improvements under the contract by COUNTY, 10 CITY shall accept maintenance responsibility for the portion of PROJECT within CITY 11 limits. 12 B. Pursuant to and in accordance with Section 10532 of the California 13 Government Code, as this contract involves expenditures of State funds aggregating in 14 excess of Ten Thousand Dollars ($10,000), the parties shall be subject to the . 15 examination and audit of the Auditor General of the State of California for a period 16 of three (3) years after final payment under this Contract. 17 C. That neither CITY nor any officer or employee thereof shall be 18 responsible for any damage or liability 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. It is also understood and 21 agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, 22 defend, and hold CITY harmless from any liability imposed for injury (as defined by 23 Government Code Section 810.8), occurring by reason of anything done or omitted to be 24 done by COUNTY under or in connection with any work, authority, or jurisdiction delegated to COUNTY under this agreement. 25 D. That neither COUNTY nor any officer or employee thereof shall be 26 responsible for any damage or liability occurring by reason of anything done or 4 Agreement No. D99 -0: 1 omitted to be done by CITY under or in connection with any work, authority, or 2 jurisdiction not delegated to COUNTY under this agreement. It is also understood and 3 agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify, 4 defend, and hold COUNTY harmless from any liability imposed for injury (as defined by 5 Government Code Section 810.8) occurring by reason of anything done or omitted to be 6 done by CITY or in connection with any work, authority, or jurisdiction not delegated 7 to COUNTY under this agreement. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . 26 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement No. D99 -010 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates opposite their respective signatures: • CITY OF NEWPORT BEACH A municipal corporation IDate: By Mayor ATTEST: APPROVED AS TO FORM: By Clerk of the Council City Attorney Date: Date: By Chairman of the Board of Supervisors Of the District. SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California By Date: By APPROVED AS TO FORM COUNTY COUNSEL^ ORANGE COU Y IFORNIA By LAU REN CE M. WAT N w4pr Doc=entl 6