HomeMy WebLinkAboutORANGE, COUNTY OF (24)1 AGREEMENT �
THIS AGREEMENT, made and entered into this 2 day
of:{c�;M,a' 7 1990. —�,
3 BY AND BETWEEN
4 The CITY OF SANTA ANA, municipal corporation,
5 hereinafter designated as "City."
6 AND
7 The COUNTY OF ORANGE, a political subdivision
of the State of California, hereinafter
8 designated as "COUNTY."
9 W I T N E S S E T H
10 WHEREAS, CITY proposes to reconstruct Flower Street, between Santa Ana
11 Boulevard and Civic Center Drive ',Test, known as Project #1514 (AHFP #1255); and
12 WHEREAS, CITY proposes to ban all future pavement openings for a period of ten
years after the completion of the reconstruction.
13 WHEREAS, COUNTY has included the amount of !Ninety-eight Thousand Dollars
14 ($98,000) for construction of two utility crossings for future use in the COUNTY's
budget for fiscal year 1990-91 approved by the Orange County Board of Supervisors,
15 hereinafter referred to as PROJECT; and
16 WHEREAS, COUNTY and CITY wish to define areas of responsibility for the design,
construction and inspection of PROJECT:
17 NOW, THEREFORE, IT IS AGREED by the parties hereto as follows;
18 I. CITY shall:
19 A. Be and is hereby designated as Lead Agency for construction
20 purposes only for this PROJECT.
21 B. Be and is hereby designated as Project Engineer, Contracting and
Construction Agent for the parties to do and perform all things necessary in order
22 to construct said COUNTY portions of PROJECT in accordance with the approved plans
and specifications as designed and approved by COUNTY, and to execute and deliver
23 all documents required in connection with the construction and completion of said
PROJECT, including its Notice of Completion and final accounting report. COUNTY
24 plans and specifications shall be approved by COUNTY's Director of Facilities and
Real Property, General Services Agency, or his designee, hereinafter referred to as
25 "DIRECTOR", as to design and construction features affecting PROJECT within
COUNTY's Scope of Work.
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I C. Upon approval of the plans, specifications and estimate for
PROJECT by DIRECTOR, promptly undertake and perform all the work of issuing a
2 change order to include the County's PROJECT in the CITY's construction contract.
If the change order cost is more than the County's estimate, CITY shall obtain
3 COUNTY's written concurrence for issuance of the change order. DIRECTOR may
authorize change order award in such case, subject to the cost limit of Section II
4 B herein. If the Director does not approve the award of County PROJECT, the
PROJECT will be eliminated from the City's Construction Contract.
5 D. During the period of construction, have jurisdiction over the
6 construction area including COUNTY PROJECT area.
7 E. Obtain the written concurrence of DIRECTOR prior to issuing
PROJECT change orders affecting PROJECT design for portions of PROJECT for COUNTY
8 Scope of Mork and note any plan changes on record drawings.
9 F. Not accept improvements under the change order for PROJECT until
DIRECTOR approves, in writing, the construction as it affects the operation and
10 maintenance of PROJECT within COUNTY Scope of Work.
11 G. Furnish DIRECTOR one set of marked up bluelines for as -built
construction drawings for all portions of PROJECT within COUNTY Scope of Work and a
12 copy of PROJECT Notice of Completion.
13 II. COUNTY shall:
14 A. Issue the plans and specifications to the City for portion of
PROJECT within COUNTY Scope of Work.
15 B. Be responsible for funding 100% share of administration and
16 construction costs and testing and inspection costs, not to exceed Ten Thousand
Dollars ($10,000) for that portion of PROJECT construction within COUNTY Scope of
17 Work. The estimated cost for COUNTY's PROJECT's construction cost is approximately
Eighty Thousand Dollars ($80,000) and in no event shall the final construction cost
18 to COUNTY exceed Eighty Thousand Dollars ($80,000) without written approval of
COUNTY.
19
C. At all times during the progress of construction of PROJECT within
20 COUNTY Scope of Mork have access to the work thereon for the purpose of inspection
and, should COUNTY deem any remedial measures to be necessary, COUNTY shall notify
21 CITY thereof.
22 III. PAYMENTS AND FINAL ACCOUNTING:
23 A. After CITY executes the change order for PROJECT construction,
COUNTY will deposit with CITY, COUNTY's share of PROJECT construction cost based on
24 estimated costs plus testing and inspection costs to be incurred by the City.
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I B. Within one hundred and twenty (120) days after the acceptance of
the improvement under the contract by CITY, CITY shall submit to COUNTY for review
2 and approval a Final Accounting Report for PROJECT and one set of marked up
bluelines for "record" drawings of PROJECT, per Paragraph I.G.
3 C. CITY shall submit with the Final Accounting Report a certification
4 signed by CITY's Director of Public Works or City Engineer and its Director of
Finance that all expenditures applicable to PROJECT have been made and that all
5 copies of invoices and warrants are on file with CITY.
6 D. Within 30 days after approval by DIRECTOR of the Final Accounting
Report, COUNTY shall transfer to CITY or CITY shall transfer to COUNTY the
7 necessary funds to balance PROJECT's expenditures subject to the provision of
Paragraph II.g.
8
IV. IT IS MUTUALLY UNDERSTOOD AND AGREED:
9 A. Upon acceptance of the improvements under the contract by CITY,
10 COUNTY shall accept maintenance responsibility for the COUNTY's PROJECT.
11 B. If CITY fails to execute the change order for COUNTY's PROJECT by
November 1, 1990, this agreement shall automatically become null and void unless
12 the COUNTY's Director and CITY's Director of Public Works mutually agree to extend
the termination date.
13 C. Pursuant to and in accordance with Section 10532 of the California
14 Government Code, in the event that this contract involves expenditures of State
funds aggregating in excess of Ten thousand Dollars ($10,000), the parties shall be
15 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 Contract.
16
D. That neither CITY nor any officer or employee thereof shall be
17 responsible for any damage or liability occurring by reason of anything done or
omitted to be done by COUNTY under or in connection with any work, authority or
18 jurisdiction not delegated to CITY under this agreement. It is also understood and
agreed that pursuant to Government Code Section 895.4, COUNTY shall fully
19 indemnify, defend, and hold CITY harmless from any liability imposed for injury (as
defined by Government Code Section 810.8) occurring by reason of anything done or
20 omitted to be done by'COUNTY or in connection with any work, authority or
jurisdiction not delegated to CITY under this agreement.
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IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor
and attested by its Clerk, and COUNTY has caused this agreement to be executed by
the Chairman of its Board of Supervisors and attested by its Clerk, all thereunto
duly authorized by the City Council and the Board of Supervisors, respectively.
" Approved as to , 0611t
Dated: /,; 1 19 ��O
I ATTEST:
Clerk of Board
Dated: c.Jb6 ,(" Z , 19%
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
LINDA D. RUTH
Clerk, of the Board of Supervisors
of Orange County, California
E K7: �s],a,� : l me
0429m.Y
9-12-90
CITY OF SANTA ANA
a municipal corporation
BY ' -...
M o r,
ATTEST:
Clerk of the C,ounT-�
APPROVED AS TO FORM:
F R11
jjjjjjjjjfjjj(W,,Attorney
COUNTY OF ORANGE,
A political subdivision of the State
of California
By oez'
a rman, Board of Supervisors
APPROVED AS TO FORK:
ADRIAN KUYPER
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By ?` (7)
Elate ��
a
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1990-C19-13 I'i9 : 2F, F'r� GE = 017,