Item 16.1 - Approval of Cooperative Agreement with County of S.D. - Scripps Poway Pkwy. East
AGEND~PORTSUMMARY
TO: Honorable Mayor and Members of City Council
Honorable Chairman and Members of the
- Redevelopment Agency
FROM: James L. Bowersox, City Manager/~
Executive Dire
INITIATED BY: John O. Fitch, Assistant City Manage~1 ~
Mark S. Weston, Director of Engineeri g servic~
Alan F. Schuler, Project Manage~
Bud Oliveira, Construction Mana
DATE: October 17, 1995
SUBJECI': Approval of Cooperative Agreement with the County of San Diego - Scripps
Poway Parkway East
ABSTRACI'
Construction of the Scripps Poway Parkway East project is scheduled to begin within one
week. Personnel needs for construction inspection and materials testing are greater
than City staff can provide. The County of San Diego has agreed to supply these
services, as needed.
ENVIRONMENTAL REVIEW
-
This action is not subject to CEQA review.
FISCAL IMPACI'
Funding for the agreement has been budgeted within the overall improvement program for
Scripps Poway Parkway East.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Tom Garibay, Director, County of San Diego Department of Public Works
RECOMMENDATION
It is recommended that the City Council/Redevelopment Agency approve the attached
Cooperative Agreement between the County of San Diego and the City of Poway for
construction inspection and materials testing involved in the construction of Scripps
Poway Parkway East.
ACTION
-
II
1 OF 13 OCT 1 7 1995 ITEM 16. 1
-------
- AGENDA REPOR1.
CITY OF POW A Y
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Council. staff or public ~u~ it to be removed fr~":l ~e ~onsent Calendar and
discussed separately. If you wish to have this report pulled for diSCUSSIon. please fill out a slip Indicating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO,: Honorable Mayor and Members of City Council
Honorable Chairman and Members of the Redevelopment Agency
FROM: James L. Bowersox, City Manager/Executive Dir~
INITIATED BY: John D. Fitch, Assistant City Manage~~ ~
Mark S. Weston, Director of Engineering Service
Alan F. Schuler, Project Manager~
Bud Oliveira, Construction Manage~
DATE: October 17, 1995
SUBJECT: Approval of Cooperative Agreement with the County of San
Diego - Scripps Poway Parkway East
BackGround
The construction phase of the Scripps Poway Parkway East Project is scheduled
to start within one week. Personnel needs for construction inspection and
materials testing are .greater than City staff can provide. The County of San
Diego has agreed to supply materials testing services and construction
inspection assistance as needed.
FindinGs
The proposed agreement stipulates full reimbursement by the City of Poway to
the County of San Diego of the costs for materials testing and construction
inspection assistance. The City Attorney and Engineering staff have reviewed
the Cooperative Agreement, prepared by the County of San Diego, and find it to
be consistent with our prior discussions during project development. The
Cooperative Agreement, as proposed, should assist with the completion of this
project on-timeand within budget.
Environmental Review
This action is not subject to CEQA review.
ACTION:
J
2 OF 13 OCT 1 7 1995 ITEM 16. 1
.-
Approv8I of Cooperative Agreement with the County of San Ciego ~ Scripps Powey Perk WilY E.st
City Council Agenda - , 0'1 7195
Pogo 2
Fiscal ImDact
Funds for this agreement have been budgeted within the overall improvement
program for Scripps Poway Parkway East.
Public Notification and CorresDondence
Tom Garibay, Director, County of San Diego Department of Public Works
Rec~ndation
It is recommended that the City Council/Redevelopment Agency approve the
attached Cooperative Agreement between the County of San Diego and the City of
Poway for construction inspection and materials testing involved in the
construction of Scripps Poway Parkway East.
JLB:JDF:MSW:AFS:AEO:pc
Attachments: A - Cooperative Agreement
-
3 OF 13 DOT 1 7 1995 ITEM 16. 1
.
. .
<1I1lUnfu of ~a:n ~i~go COUNTY ENGINEER
COUNTY AIRPORTS
TOM GARIBAY COUNTY ROAD COMMISSIONER
TRANSIT SERVICES
DIRECTOR DEPARTMENT OF PUBLIC WORKS COUNTY SURVEYOR
(111) 114.2212 FLOOD CONTROL
FAX: (11112U.0411 WASTEWATER MANAGEMENT
LOCATION CODE S50 5555 OVERLAND AVE, SAN DIEGO, CALIFORNIA 92123.1295 SOLID WASTE
October 4, 1995
Mr. Alan Schuler
City of Poway
Engineering Services
13325 Civic Center Drive
poway, CA 92064-5755
Dear Mr. Schuler:
AGREEMENT FOR CONSTRUCTION SERVICES FOR SCRIPPS POWAY PARKWAY
Attached are three final agreement copies between the County of San
Diego and the City of poway for County construction services for
the construction of Scripps poway Parkway for your staff to process
through your City Council. As outlined in the agreement, the
County will perform soils laboratory testing and inspection
services for roadway and concrete bridge structures according to
the project plans.
After the award of the construction contract of Scripps poway
Parkway, County construction services billing will be deducted from
funds deposited by the City to cover the costs of payment to County
staff which is estimated to be $600,000. You indicated that poway
would like to make an initial deposit of $150,000.
For your information, the $600,000 figure is broken down as
follows:
Based on the projected construction time (18 months) , the
estimated quantities and review of the plans, the estimated
cost for soils materials testing is $320,000.
The cost for one full-time assistant resident inspector and
half-time civil inspector for the inspection work based on the
projected construction time (18 months) is $280,000.
ATTACI-MENT A OOT 1 7 1995 ITEM 16 .1
4 OF 13
.-
Mr. Schuler -2- October 4, 1995
Please return the executed agreements to process through the County
Board of Supervisors.
Should you need further assistance, please call Dan Ramirez at
(619) 694-2557.
Very truly yours,
j J. ./!,e~QN
DAVID S. SOLOMON, Deputy Director
Department of Public Works
DSS:DR:gf
Attachment: Agreement between County of San Diego and City of
poway
cc: John Cousino {090l; Joseph Goldhammer (090)
ramirez\shuler.ltr
^-..-
OOT 1 7 1995 ITEM 16.1
5 OF 13 ATTACf-MENT A
- -----------..-----
.
AGREEMENT BETWEEN THB COUliTY
OF SAN DIEGO AND THE CITY OF POWAY
FOR CONSTRUCTION INSPBCTION SERVICBS FOR SCRIPPS POWAY PARKWAY
BY THB COUliTY DEPARTKEHT OF PUBLIC WORKS
THIS AGREEMENT executed this day of ,
1995, by and between THE CITY OF POWAY, a municipal corporation,
hereinafter called the CITY and the COUNTY OF SAN DIEGO, a
political subdivision of the state of California, hereinafter
called the COUNTY.
WITNESSETH
nERDS, the CITY desires to contract with the COUNTY for the
performance of construction engineering and other services, and
nERBA8, the COUNTY is agreeable to rendering such services
according to the terms and conditions hereinafter set forth; and
nERDS, such contract is authorized and provided for by the
provisions of section 1803 of the Streets and Highways Code.
NOW, THEREFORE, IT IS MUTUALLY AGREBD, by the CITY and COUNTY as
follows:
1. The COUNTY department of Public Works shall provide the
CITY with soils and material testing, and construction
inspection when requested and authorized in writing by
the CITY's designated and authorized representative.
Such requests when approved by the County Director of
Public Works shall constitute supplements to this
agreement.
2. The COUNTY shall furnish and supply all necessary
personnel, supervision, machinery, and equipment
supplies, services, and other general functions, subject
to the availability thereof. Soils laboratory testing
and construction inspection, as and when requested by the
CITY of POWAY shall be performed by the COUNTY Department
of Public Works.
3. In order to discharge the responsibilities and carry out
the functions required under this agreement the following
designations are effective.
A. The CITY ENGINEER is the CITY's representative authorized
to request that the COUNTY Department of Public Works
provide inspection services to the City in accordance
with paragraphs 1 & 2. The CITY shall handle all the
contract management services and handle change orders,
and construction claims.
B. The COUNTY Director of Public Works is designated as a
1
6 OF 13 ATTACt-MENT A OOT 17 1995 ITEM 16. 1
-
DEPUTY City Engineer for services provided under this
Agreement and is authorized through duly appointed
representatives to exercise full authority and control of
the work performed, including the right to order the
temporary closing of traffic of any public street or way
under the City's jurisdiction to facilitate the
performance of the work or as an emergency measure.
Nothing contained herein, however, shall be construed in
any way as divesting the CITY of any of its power with
respect to the control of streets within its boundaries.
4. The COUNTY may act as the CITY's agent in all phases of
work involved with construction of the Scripps poway
Parkway undertaken under this agreement; and in
particular, construction inspection, soils compaction
tests, pavement testing, and concrete tests for drainage
structures and Bridge inspection. The COUNTY will do
all daily construction inspection, quality control,
inspector diaries, measure payment quantities, etc and
assist the CITY's inspectors as necessary in contract
administration to resolve construction claims.
5. SCOPE OF WORK -COUNTY MATERIAL LABORATORY
ON SCRIPPS POWAY PARKWAY
I. COUNTY PORTION
a. As a minimum the COUNTY will provide quality
control inspection to that portion of Scripps poway
Parkway that is within the County limits for the
road to be accepted for maintenance by the COUNTY
of San Diego.
b. All field testing for earthwork, earthwork suhgrade
material, asphalt concrete (AC) and Portland Cement
Concrete (PCC). Tests include; R.C., S.E, direct
shear, wash and grade, "R" value and "S" value,
soil resistivity, maximum soil unit weight,
theoretical maximum unit weight of AC, AC
compaction testing, nuclear and other testing as
directed by the CITY of POWAY, provided that COUNTY
staff has the expertise to perform the tests.
c. Mix design approval for all AC and PCC mixes.
d. Plant control for AC and PCC.
e. Consultation on materials problems as needed .
II. CITY OF POWAY PORTION AND STATE HIGHWAY 67 PORTION
COUNTY staff will perform the following soils inspection
2
7 OF 13 ATTACI-I'1ENT A OOT 17 1995 ITEM 16. ~
and laboratory work for the CITY of POWAY.
a. Perform laboratory and field tests on earthwork and
construction materials for Scripps poway Parkway
within the CITY limits.
b. Furnish all personnel, materials, and equipment to
perform the tests.
c. Analyze testing data obtained and recommend
acceptance or rejection of work or materials based
on test results.
III. WORK to be performed by the CITY OF POWAY.
a. Furnish and install any other signs, cones, signal
standards, or barricades necessary to control
traffic during the operation.
b. Direct all work through the COUNTY Resident
Engineer.
6. The COUNTY Director of Public Works shall have the right
to approve final plans, specifications, and estimates
prior to the advertising for bids for construction of
Scripps poway Parkway.
7. The CITY shall pay the entire cost. to the COUNTY for
performing each and all services and functions under this
Agreement, said costs to be computed on the following
basis:
A. For equipment as necessary, at the rates set forth
in the latest issue of the document (as may be
revised from time to time during the term of this
agreement) on file in the office of the COUNTY
Department of Public Works entitled "San Diego
County Equipment Rental Rates"
B. For personnel, at the rates set forth in the latest
issue of the document (as may be revised from time
to time during the term of the agreement) filed in
the office of the COUNTY Department of Public
Works, Labor Cost Rates" for Construction
Engineering.
C. For overhead and for material, at the actual cost
thereof as determined from time to time in
accordance with the existing county cost
information.
J
DOT 1 7 1995 ITEM 16. 1
8 OF 13 A TT ACrMENT A .
- _.
8. The COUNTY will maintain work records, itemized in
accordance with accountinq practice, of all expenditures
and costs for performinq services and functions under
this Aqreement. A statement of costs will be presented
to the CITY and payment as follows:
A. For services rendered after the award of
construction contract of Scripps poway Parkway,
billinq .will be deducted from the funds deposited
by the CITY to cover the costs of payments to the
COUNTY staff and be made monthly which shall become
due and payable by the CITY upon receipt.
B. upon the completion of the project the COUNTY will
make a financial accountinq to the CITY, toqether
with such supportinq documentation as is necessary
to comply with local, State and Federal Audit
requirements.
9. The CITY will provide the funds to pay for all work and
associated expenses incurred by the COUNTY undertaken
under this aqreement. Such funds may consist of
qasoline tax or other revenues available to the CITY.
10. Prior to the start of construction, the CITY shall make
a partial deposit of $150,000 with the COUNTY. The
COUNTY's . initial estimate for inspection and material
testinq is $600,000 for work within the COUNTY and CITY
boundaries of Scripps poway Parkway. The COUNTY will use
these funds to pay for staff costs for inspection and
material testinq of the project in accordance with the
plans and specifications. If this fund drops below
$25,000, the CITY will make additional deposits upon
requests to pay for COUNTY staff costs. Any money
remaininq on deposit after all the work is completed will
be refunded to the CITY.
For material testinq and inspection work for the
CALIFORNIA DEPARTMENT Of TRANSPORTATION (CALTRANS) ROUTE
67, this work, if requested by the CITY OF POWAY, will be
paid separately on a time and materials based on the
personnel and overhead rates per items 6a, 6b and 6c.
When additional deposits have not been requested prior to
the completion of the project and the final accountinq
results in a balance due to the COUNTY, the CITY will pay
such balance upon demand. This provision, however,
shall not preclude the use of other methods of payments
which are mutually acceptable to the COUNTY and the CITY.
11. The CITY shall not be required to assume any liability
for direct payment of any salary, waqes, other
4
ITEM 16, 1
9 OF 13 ATTACI-t1ENT A OCT 17 1995 -
-----------.--..-..---
compensation or indemnity for injury or sickness arising
out of their employment, or other liability other than
that provided for in this Agreement to any COUNTY
personnel performing services hereunder for the CITY.
12. The CITY, its agents, officers, and employees shall not
be held liable for any claims, liabilities, penalties,
fines, or for damage to any goods, properties, or effects
of any persons whatsoever, nor for personal injuries or
deaths of them, or any of them caused by or resulting
from any acts or omissions of the COUNTY, its agents,
employees or representatives; COUNTY further agrees in
indemnify and save free and harmless the CITY and its
authorized agents, officers and employees against any of
the foregoing liabilities and any cost and #!xpense
including reasonable attorney's fees incurred by the CITY
on account of any claim therefor, including claims by
reason of alleged defects in the construction engineering
inspection services, soils, concrete and pavement testing
services, or any other work done or provided to CITY by
COUNTY pursuant to this agreement; and in event that a
court of competent jurisdiction should determine that the
COUNTY has no authority to provide by agreement the
performances of the hereinabove set forth services,
COUNTY representatives nevertheless agree to assume the
foregoing obligations and liabilities by which it is
intended by both parties that COUNTY Agrees to indemnify
and to save the CITY harmless from all claims arising by
reason of the work to be done by, or any act or omissions
of, the COUNTY, or its agents, employees, or
representatives, in connection with or in performance of
the agreed upon services or work provided for in this
Agreement.
13. The COUNTY, its agents, officers, and employees shall not
be held liable for damage to any goods, properties, or
effects, of any persons whatsoever, nor for personal
injuries to or deaths of them, or any of them, caused by
or reSUlting from any acts or omissions of CITY, or its
agents, employees or representatives; CITY further agrees
to indemnify and save free and harmless the COUNTY and
its authorized agents, officers and employees against any
of the foregoing liabilities and any cost and expense
including reasonable attorney's fees incurred by the
COUNTY on account of any claim therefor, including claims
by reason of alleged defects in the construction
engineering inspection services, soils, concrete and
pavement testing services or any other work or services
done pursuant to this agreement; and in event that a
court of competent jurisdiction should determine that
the CITY has no authority to provide by agreement the
performances of the hereinafter set forth services, CITY
5
OCT 17 1995 ITEM lb. 1
10 OF 13 ATTACHMENT A
-
nevertheless agrees to assume the foregoing obligations
and liabilities by which it is intended by both parties
that CITY agrees to indemnify and to save and hold
harmless the COUNTY from all claims arising by reason of
the work to be done by, or act or omission of, the CITY
or its agents, employees, or representatives in
connection with, or performance of the services or work
provided for in this Agreement.
14. The COUNTY its officers and employees, shall not be
deemed to assume any liability for any of the defective
or dangerous condition of the streets or property of the
CITY, except such defect or dangerous condition caused by
an act or omission of the COUNTY, its officers and
employees in the actual performance of services for the
CITY pursuant to this agreement, and the CITY shall hold
the COUNTY and its officers and employees thereof
harmless against, any claim for damages resulting
therefrom. No provision of this agreement shall be
construed to relieve the CITY from liability imposed by
law upon its arising from any such defective or dangerous
condition of its street or property, defective or
dangerous condition of its streets or property and the
CITY shall protect, save and hold harmless the COUNTY
from any claims and damages, and costs, and assumes the
defense of all actions for such damages or injuries,
except damage or injuries caused by an act or omission of
the COUNTY, its officers and employees in the actual
performance of services for the CITY pursuant to this
Agreement, alleged to have arisen out of the construction
of Scripps poway Parkway.
15. This agreement shall continue in accordance with section
51302 of the government code, but may be terminated by
either the COUNTY or the CITY, by giving ninety (90) days
written notice of intention thereof.
16. This Agreement may not be modified, amended or otherwise
changed unless by an amendment in writing and executed by
the both parties.
-
6
11 OF 13 OCT 1 7 1995 ITEM 10.. 1
ATTACI-MENT A
-.-.--
III WITlIIlSS WBDBOF, this Agreement is executed by the CITY of POWAY
under and pursuant to a resolution adopted by the City Council and
by the COUNTY of SAN DIEGO by resolution of the Board of
Supervisors.
CITY of POWAY
ATTEST:
By: BY:
City Clerk Mayor
Date Date
COUNTY OF SAN DIEGO APPROVED AS TO FORM AND LEGALITY
BY: BY:
Clerk of the Board County Counsel
DATE: DATE:
7
GOT 1 7 1995 ITEM 16.1
12 OF 13 ATTAC!-fI1ENT A
- -
-- ... ........;:!"'''''''n2.~l. i!;
- "."'''' 1!li" I
!'! i~~~~i II ~ii~~.. ~ Q"
Ii ~~~~~~~ ..0
.. c::II
~CtDnn>m",m ....~-4 ::; ...;:
01 --- ~~i~i~llli~~.-! ~
!" ,E';j:i:J3E z ;;l
.. en
:Il:~ g nn;==:IIgI ~ ~ ..
606":.11I ... -
~~~~~IS ~~ :I!~~~i~~ 1II m :
.
m:i"",.. m ",_"! I~ n ..
", z ~ :II
C~O=i..c .... :zI~ > !!I ...
oo~":II"l!l :D~ZZ ~ ~
< CD~e
~~ ~nl C! ~!!--Z -<
j~~~.~! -
~g:lli"'.~
!: fI'....
;:..",~;;l!i"
~:t-;;i"a -
m-o 'a-it
g~~~~1 n
G)_m"'", iNNWWiNW",",WWUNNN !; B
sara)( ...........................8.........
!~~i~!5 ...."'..88---. ___at ..
NalOO NW..UlUlUlN-a ..
Z ~11f: ..
P.~ caB
~;~"'i
!....~n; ~..>
01=~~ .~:::~=~=~=::~t:~ !;Si..
>1" .... N I- -I-I O. y.", \a u.... ..~...
Go - "nI S :.. =:~I::t~~S .. c:-
<"'>
... :"01: .....
'" n
en;;lll~ -' 0
't.... 0
~ <I" z
en
..
." j < :II
'" ~ ~2 ~
- ~ ~ __NY ___MNM"__ :! ..
......_.W........._O.o ~
~K~=:::!:~=181.: .....
< '"
~ s a
I z
'"
.. '"
~ ..
~ --------------- + .. ~
~m>_
." i w c. = ;'-re 3 ::: t: ~ = = ~ :: ~ -4 ~~.s
'"
.. ....:1..1___..._0.._ "'",..
~ ~<
~ -
~
- ..!;~-
:; _N_..CIlI_..NNU....WN-
.. 0_........_."'...._.... !;CD~;
0 2~=a:B:;::BI==::: m 0:-
~ ....
'"
0
!
::
..
.. ~.....o
~ --------------- . fi!; ~~
;",.:...:...:...:...:..:...:...:...........:.....:...
:============== ....om!-
'" ~:IlI m
'" 0 >
~ ~ 0
':
~
in.....
::~~!~~:ta:I:::= en >0 0-::
~""",>..
::=::~:=~!!:;=t:2;' mmC-
."..'"
- 0
OCT 1 7 1995 ITEM 16. 1
13 OF 13 A TT ACt+IENT A