HomeMy WebLinkAboutTUSTIN, CITY OF (MCFADDEN IMPROVEMENTS)-2013A-2012-231
AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE CITY OF SANTA ANA
FOR THE PAVEMENT REHABILITATION OF MCFADDEN AVENUE
BETWEEN MANTLE LANE AND PASADENA AVENUE
This agreement ("Agreement"), made and entered into this A (y day of UL??
2013, by and between the CITY OF TUSTIN a municipal corporation ("TUSTIN"), and
the CITY OF SANTA ANA, a municipal corporation ("SANTA ANA").
RECITALS:
A. WHEREAS, TUSTIN and SANTA ANA desire to enter into an Agreement
to reconstruct and resurface the roadway pavement on McFadden Avenue between
Mantle Lane and Pasadena Avenue. Related work on the project will include signing
and striping; sidewalk and curb/gutter repair; replacement of curb ramps to be in
compliance with current federal Americans with Disabilities requirements; and
adjustment of manholes and water valves to grade. This work will hereinafter be
referred to in this Agreement as the "PROJECT"; and
B. WHEREAS, the PROJECT is included in TUSTIN plans titled McFadden
Avenue Pavement Rehabilitation Project between Mantle Lane and Pasadena Avenue
(CIP No. 70213); and
C. WHEREAS, the PROJECT lies partly within the corporate and
jurisdictional limits of SANTA ANA and partly within the corporate and jurisdictional
limits of TUSTIN; and
D. WHEREAS, SANTA ANA and TUSTIN are each empowered by law to
expend public monies to improve McFadden Avenue; and
E. WHEREAS, SANTA ANA and TUSTIN desire to accomplish all of the
needed work as described herein by a single public works project in which TUSTIN will
act as the Lead Agency, and SANTA ANA will reimburse TUSTIN for SANTA ANA's
portion of the design and construction costs; and
F. WHEREAS, TUSTIN is in the process of completing the design plans, and
SANTA ANA will review and approve the design plans upon completion; and
G. WHEREAS, the total PROJECT construction cost is estimated at
$497,000 as shown in Exhibit "A", attached hereto and incorporated herein. The total
estimated PROJECT design and construction costs will be divided between the parties
as follows:
TUSTIN SANTA ANA Total
Design cost $35,000 $15,000 $50,000
Construction cost $350,000 $147,000 $497,000
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H. WHEREAS, State-Local Partnership Program (SLPP) Formula Grant
funds have been programmed for the project through the Orange County Transportation
Authority (OCTA) in the amount of $175,000 for TUSTIN's share and $73,500 for
SANTA ANA's share, totaling $248,500; and
1. WHEREAS, the PROJECT is declared categorically exempt from CEQA
(Section 15301, Class 1 (c));
NOW, THEREFORE, the parties agree as follows:
TUSTIN Rights and Duties:
1. TUSTIN shall be the lead agency for the work and shall provide all
construction management. TUSTIN shall be solely responsible for the
preparation and award of the contract pursuant to public bid requirements for
the construction of the PROJECT, including the portion of the PROJECT that
is in SANTA ANA. TUSTIN shall be responsible for the preparation of all
legal documents, including the Notice Inviting Bids, Instruction to Bidders, and
the related construction contract, surety bonds and insurance certificates.
TUSTIN shall be solely responsible for the administration and performance of
the contract awarded to the contractor for the construction of the PROJECT.
2. Tustin shall pay its proportionate share of all PROJECT design and
construction costs, materials testing, site survey, construction engineering,
and construction management, as estimated in Recital G and Exhibit "A" of
this Agreement.
3. TUSTIN shall invoice the California Department of Transportation (Caltrans)
for reimbursement of SLPP Formula Grant funds, described in Recital H of
this Agreement, including SANTA ANA's share, which shall be paid directly to
TUSTIN by Caltrans.
4. In the event the sealed bids submitted by the lowest responsive/responsible
bidder for the construction of the PROJECT show that SANTA ANA's portion
of the PROJECT costs will exceed the estimated cost by ten percent (10%),
TUSTIN shall not award such contract and shall not bind SANTA ANA
hereunder without the prior written consent of SANTA ANA.
5. TUSTIN shall notify SANTA ANA in writing of any changes, increased costs,
and pertinent meetings (i.e., pre-construction, site, and final walk through),
associated with TUSTIN's lead agency responsibilities for the PROJECT.
6. Change orders for work within SANTA ANA must receive the written approval
of the Executive Director of the Public Works Agency of SANTA ANA prior to
implementation, which approval shall not be unreasonably withheld. SANTA
ANA shall have a minimum of five (5) working days to review and approve
change orders. SANTA ANA shall have inspection authority within SANTA
ANA jurisdictional boundaries and shall be notified of the progress of the
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PROJECT for such purposes. SANTA ANA shall also have the right to enter
and inspect within TUSTIN boundaries at all times for the purposes of
overseeing TUSTIN lead agency functions.
7. TUSTIN shall have the exclusive right of approval of all plans, specifications
and cost estimates prepared by consultants for the portion of the PROJECT
within the jurisdictional boundaries of TUSTIN.
8. TUSTIN shall advertise and award the contract for the PROJECT in
accordance with federal, state and local laws.
9. TUSTIN shall cause all hired consultants on the PROJECT to obtain general
liability and motor vehicle liability insurance. For any consultant contract on
the PROJECT entered into after the date of "Agreement", TUSTIN shall also
cause SANTA ANA to be named as additionally insured, and include primary
and not-contributory language and standard separation of insureds
provisions, on insurance certificates and separate endorsements for all
consultant contracts related to the PROJECT. Copies of such certificates and
endorsements shall be provided to SANTA ANA prior to consultants
proceeding with work on the PROJECT.
10. TUSTIN shall, in advance, notify SANTA ANA as to the official advertising
dates, bid opening date, and construction start date, and request SANTA
ANA to attend all pertinent meetings (i.e., pre-construction, site, and final walk
through).
11. TUSTIN shall provide SANTA ANA final Record Drawings for the PROJECT
within 60 days of the completion and acceptance of construction.
SANTA ANA Rights and Duties:
SANTA ANA will provide review and comment on Project plans, specifications
and cost estimates during the design/contract bidding process and prior to
award of contract.
2. SANTA ANA shall have the exclusive right of approval of all plans,
specifications and cost estimates prepared by consultants for the portion of
the PROJECT within the jurisdictional boundaries of SANTA ANA.
3. SANTA ANA shall issue a no fee permit for work within SANTA ANA.
Contractor shall be required to obtain a SANTA ANA business license prior to
starting work.
4. Subject to Item 4 above, SANTA ANA shall pay its proportionate share of
design and construction costs, as estimated in Recital G and Exhibit "A" of
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this Agreement, within thirty (30) days after receipt of an invoice from
TUSTIN.
Joint Rights and Duties:
In the event that expended costs for the PROJECT exceed funds listed in
Exhibit "A", SANTA ANA shall be solely responsible for obtaining the
additional funding for the increased costs occurring within the jurisdictional
boundary of SANTA ANA and TUSTIN shall be solely responsible for
obtaining additional funding for the increased costs occurring within the
jurisdictional boundary of TUSTIN.
2. Mutual Indemnity Provision:
a. Upon completion of the PROJECT, SANTA ANA shall accept
maintenance responsibility for the portion of the PROJECT within SANTA
ANA jurisdictional limits, and TUSTIN shall accept maintenance
responsibility for the portion of the PROJECT within TUSTIN jurisdictional
limits.
b. Pursuant to Section 8546.7 of the California Government Code, in the
event that this Agreement involves expenditures of State funds
aggregating in excess of Ten Thousand Dollars ($10,000), both parties
shall be subject to the examination and audit of the Auditor General of the
State of California for a period of three (3) years after final payment under
this Agreement.
c. Neither SANTA ANA 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 or in connection with any
work, authority, or duties delegated to TUSTIN under this Agreement. It is
also understood and agreed that, pursuant to Government Code Section
895.4, TUSTIN shall fully indemnify, defend and hold SANTA ANA
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
duties delegated to TUSTIN under this Agreement.
d. 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 SANTA ANA under or in connection with any work,
authority, or duties delegated to SANTA ANA under this Agreement. It is
also understood and agreed that pursuant to Government Code Section
895.4, SANTA ANA shall fully indemnify, defend 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
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be done by SANTA ANA in connection with any work, authority, or duties
delegated to SANTA ANA under this Agreement.
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IN WITNESS WHEREOF, TUSTIN has caused this agreement to be executed by
its Mayor and attested by its Clerk, and SANTA ANA has caused this Agreement to be
executed by its City Manager and attested by its Clerk, all thereunto duly authorized by
the TUSTIN City Council and the SANTA ANA City Council, respectively.
CITY OF SANTA ANA, a
municipal corporation of the
State of California
CITY OF TUSTIN, a
municipal corporation of the
State of California
By:
Paul M. Walters
City Manager
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
V-1) -5
Sonia R. Carvalho
City Attorney
RECOMMENDED FOR APPROVAL
Raul Godinez II
Executive Director
Public Works Agency
By:
ATTES
City Clerk
ne,V RM: (,,e o ,cam J . /--i
DNid E. Ken
City Attorney
RECOMMENDED FOR APPROVAL:
'Stack
Public Works/City Engineer
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