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Home My WebLink AboutIRVINE, CITY OF (12)gy_Dly REIMBURSEMENT AGREEMENT FOR THE PREPARATION OF A PROJECT REPORT AND ENVIRONMENT DOCUMENTS FOR THE ALTON OVERCROSSING STATE ROUTE 55 (SR-55) THIS AGREEMENT, made and entered into this day of , 1994, by and between the City.of Santa Ana, a municipal corporation of the State of California ("Santa Ana") and the City of Irvine, a municipal corporation of the State of California ("Irvine"). W-I-T-N-E-S-S-E-T-H Recitals: A. Santa Ana and Irvine have a mutual interest in accommodating traffic flow between their respective jurisdictions. The lack of sufficient street crossings over or under the Costa Mesa Freeway (SR 55) constitutes an obstacle to such traffic flow. B. Santa Ana and Irvine both propose the construction of a street crossing over the Costa Mesa Freeway (SR 55) connecting Alton Avenue to the east and west of said freeway (the "Alton Overcrossing") which is consistent with their General Plans and Orange County's Master Plan of Arterial Highways. C. Santa Ana and Irvine desire to proceed at this time with the preparation of necessary studies, reports and plans ("Project Report") for the construction of the Alton Overcrossing. D. Santa Ana and Irvine each have the power to expend funds for the preparation of the Project Report, environmental documentation and for related services for the Alton Overcrossing Project. Pursuant to the provision of Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the state of California (commencing with Section 6500), Santa Ana and Irvine enter into this Agreement to provide for the joint exercise of such powers. WHEREFORE, in consideration of the mutual and respective promises and subject to the terms and conditions hereinafter set forth, the parties hereto do hereby agree as follows: 1. This Agreement shall be administered by Santa Ana, subject to such terms and conditions as hereinafter set forth. 2. Santa Ana shall solicit proposals for the Project Report and environmental documentation pertaining to the Alton Overcrossing from qualified firms. Such solicitation shall be in the form set forth in Exhibit A (the "Alton RFP" ) attached hereto and incorporated herein by reference subject to such modifications as are mutually agreeable to the designated representatives of Santa Ana and Irvine (the "Alton RFP" ) . 3. All proposals received in response to the Alton RFP shall be reviewed by the designated representatives of Santa Ana and Irvine in a good faith effort to recommend a mutually agreeable firm or firms to perform the services specified therein. The joint staff recommendation shall be submitted to the Santa Ana City Council for award of the appropriate contracts "Contracts". In the event that the Santa Ana City Council does not award such Contracts in accordance with such joint recommendation, Irvine may terminate this Agreement. Irvine shall provide written notice of such termination within 30 days of the Santa Ana City Council meeting at which time the decision was rendered. 4. The cost of Contracts for the services specified in the Alton RFP shall be funded first from the Growth Management Area #7 funds awarded to the. project in 1993-94 in the amount of $300,000 ("GMA Funds"). 5. Santa Ana shall provide Irvine with statements outlining the expenditures of the GMA Funds as they are incurred. 6. Santa Ana agrees to undertake the responsibility to follow the procedures of and prepare the reports required by the Combined Transportation Funding Program guidelines pertaining to expenditure of GMA Funds. 7. The difference between GMA Funds and cost of the Contracts shall be made available for staff support costs subject to the limitations of the GMA Funds. Santa Ana shall be entitled to 65 percent of GMA Funds available for support costs. Irvine shall be entitled to 35 percent of GMA Funds available for support costs. The Directors of .the Public Works Departments of Santa Ana and Irvine shall submit to the Chief Financial Officer of Santa Ana monthly invoices of the amount of compensation due to Irvine and Santa Ana, respectively, for work performed on the Alton Overcrossing Project by the staffs of their respective cities. 8. Funds which are expended in excess of the GMA Funds shall be paid by Santa Ana and Irvine on an equally shared basis (50%) , if prior to the expenditure of such funds Santa Ana and Irvine mutually approve the expense. Santa Ana shall submit invoices to Irvine for such expenses as they are incurred. Irvine shall pay.�its share of the invoices (50%) within thirty days of receipt. 9. All documents prepared pursuant to the Contracts for the services specified in the Alton RFP shall be subject to approval by both Santa Ana and Irvine through their respective designated representatives. Santa Ana shall provide such documents to Irvine in a timely manner. Irvine shall respond in a timely manner. 10. For purposes of this Agreement, the designated representatives of Santa Ana shall be Santa Ana's Executive Director of Public Works and such personnel within Santa Ana's Public Works Agency as he may designate, and the designated representatives of Irvine shall be Irvine's Director of Public Works and such personnel within Irvine's Public Works Department as he may designate. Such representatives are authorized to implement this Agreement on behalf of their respective cities. 11. Irvine and Santa Ana will mutually approve a consultant schedule for the services specified in the Alton RFP. Irvine and Santa Ana agree to cooperate in good faith to meet this agreed upon schedule. 12. 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 Irvine under or in connection with any work, authority or jurisdiction not delegated to Santa Ana under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, Irvine shall fully indemnify, defend and hold Santa Ana harmless from any liability imposed for injury (as defined by Government Code 810.8) occurring by reason of anything done or omitted to be done by Irvine under or in connection with any work, authority or jurisdiction not delegated to Santa Ana under this Agreement. 13. Neither Irvine 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 or in connection with any work, authority or jurisdiction 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 Irvine 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 Santa Ana under or in connection with any work, authority or jurisdiction delegated to Santa Ana under this Agreement. 14. This Agreement may be modified only by an instrument in writing signed by Irvine and Santa Ana after all required approvals of their governing boards. 15. In the event that Irvine and Santa Ana should bring any action, suit or other proceeding against the other concerning the validity hereof, or attempt to rescind, negate, modify, or reform this Agreement or any of the matters referred to herein, the prevailing party in such litigation shall be entitled to reasonable attorney's fees and costs incurred in each and every action, suit or other proceeding including any and all appeals or petitions therefrom. IN WITNESS WHEREOF the parties hereto have executed this Agreement, the date and year first above written. ATTEST: Jaolce C. Guy Clerk to the Council APPROVE AS TO FORM: Edward J. C e City Attorney ATTEST: Clerk of the Council APPROVE AS TO FORM: City Attorney CITY OF SANTA ANA r Da 1 H. Young Mayor Approveil -Z= CITY OF IRVINE by Mayor