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INSURANCE NnT ~'.=OUIREp A-2009-115 <br />WORK Mn'Y ~',~~UCEEC~ <br />CLERK OF CC~-DING AND IMPLEMENTATION AGREEMENT BETWEEN <br />~~ATF~ ~ ~, ~ <br />-~ ~ CITY OF SANTA ANA AND CITY OF IRVINE <br />REDHILL AVE. REHABILITATION PROJECT BETWEEN REYNOLDS AND DEERE <br />THIS Cooperative Agreement ("Agreement"), is made and entered into this ~~day of <br />u5~ 2009, by and between the CITY OF SANTA ANA, a California charter city <br />("Santa Ana"), and the CITY OF IRVINE, a California charter city ("Irvine"). In this <br />Agreement, Santa Ana and Irvine may each be individually referred to as a "Party" and <br />collectively referred to as the "Parties." <br />RECITALS: <br />WHEREAS, Irvine has initiated and is proceeding with the Red Hill Avenue <br />Rehabilitation Project between Reynolds Avenue and Deere Avenue ("Project"), which includes <br />cold milling, removal and replacment of Asphalt Concrete pavement, Asphalt Concrete and <br />Asphalt Rubber Hot Mix pavement surface course overlay, adjusting valve covers and manhole <br />covers to grade, removal and replacement of damaged concrete curb, gutter and sidewalk, <br />modifying curb ramps, and other items not mentioned here but are required by the plans and the <br />Special Provisions; and <br />WHEREAS, the Project involves Santa Ana and Irvine because the common city <br />boundary line exists within the southbound lanes of Red Hill Avenue between Alton Parkway <br />and Deere Avenue as depicted on the Project plans; and <br />WHEREAS, Irvine has applied for funding under the federal American Recovery and <br />Reinvestment Act of 2009 ("ARRA") to undertake the Project; and <br />WHEREAS, some of the Project includes work within Santa Ana, which work is <br />included in Irvine's request for funding under ARRA; and <br />WHEREAS, if Irvine does not receive funding under ARRA then it will not construct the <br />Project and this Agreement will thereby be rendered null and void for all purposes; and <br />WHEREAS, Santa Ana agrees that, despite the ARRA funding, it will reimburse Irvine <br />for potential cost overruns associated with the actual construction within Santa Ana's City limits <br />("Improvements") of the Project ("Santa Ana's Reimbursement"), to the extent Santa Ana's <br />Reimbursement (a) does not exceed $125,000.00 in total; (b) are reasonably expended by Irvine <br />for improvements located within Santa Ana and on the cost items set forth in the cost estimate <br />attached hereto as Exhibit "A" which is incorporated herein by this reference as though fully set <br />forth, or any change order to Exhibit "A" subsequently approved in writing by Santa Ana; and <br />(c) are incurred by Irvine in Fiscal Year 2009-2010 or Fiscal Year 2010-2011; <br />6223 <br />