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HomeMy WebLinkAboutORANGE, COUNTY OF (66)Agreement No. D78-033 A G R E E M E N T THIS AGF.EE!E;N , made and entered into this 4 day of '`_ 1978, BY AND BETWEEN A17D THE CITY OF SAwTA ANA, a municipal corporation, hereinafter designated as "CITY", THE COUNTY OF ORAINGE, a political subdivision of the State of California, hereinafter desig- nated as "COUNTY". W I T N E S S E T H WHEREAS, considerable traffic congestion exists at the intersection of Seventeenth Street and Tustin Avenue; and WHEREAS, traffic conditions of said intersection warrant the modification and upgrading of existing traffic control signals and highway intersection lighting to facilitate the safe and orderly movement of traffic; and WHEREAS, CITY proposes to modify and upgrade said traffic control signals and highway intersection lighting by installing Type 26-4-70 signal standards and protected left turn vehicle phasing for Seventeenth Street, hereinafter referred to as "PROJECT"; and WHEREAS, a portion of the intersection lies wholly within unincorporated COUNTY territory; and WHEREAS, CITY has advertised PROJECT for bids and has awarded a construction contract; and WHEREAS, COUNTY offers to reimburse CITY for that portion of the modifica- ion and upgrading of said traffic signal and highway intersection lighting system lying in unincorporated COUNTY territory. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: Y. CITY shall: A. Deliver all documents required in connection with the constr ti and completion of said PROJECT, including Certificate of Cost and Certificate 2 of Completion of Project. 3 B. During the period of construction, have Jurisdiction over the 4 .construction area including that portion within COTJNTY territory. 5 C. Maintain and operate said traffic signal and highway lighting $ system as defined by paragraph IV hereof. 7 Ii. COUNTY shall: 8 A. Be responsible for the cost of COUN`1'Y's portion of PROJECT 9 including design, construction and construction inspection. Said cost shall be 10 limited to twenty-five percent (25%) of the cost of PROJECT based on the fact that 11 ,one of the four traffic legs of the intersection lies within COUNTY territory. 12 For the purpose of this agreement, the 'total cost of design and construction 13` engineering shall be limited to ten percent (10%) of PROJECT construction costs. 14 B. At all tines during the progress of construction of COU11TY 15 portion of PROJECT,, have access to the work thereon for the purpose of inspection 36 thereof and. should COUNTY deers any remedial measures to be necessary, WDIM, 17 shall notify CITY thereof. 1$ C. Reimburse CITY for COMTT'Y's share of PROJECT cast. Said share is defined in Section II.A. and is -determined to be Six thousand sixty -sight and 20 50/100 dollars ($6,068.50) based upon a twenty-five percent (25%)-share of '21 the following items: 1. lump sun bid price for traffic signal modification $18,395 23 . 2. cost of signal standards 3,I,72 24 - - - 3. design and construction inspection 25 t10% of (1) and (2)3 h 2,207 .26 'TOTAL $24 , 274 .7 In no event shall C©UN7Y's share of PROJECT cost exceed Six 28 thousand Sixty --eight and 50/100 dollars ($6,068.50). .-2- i 1 111. A. Within thirty (30) days after COUNTY's approval of this agreement, 2 COUNTY will, upon CITY's request, transfer to CITY, COUNTY's share of PROJECT 3 construction costs as defined in Section II.A. and as determined by Section II.C. 4 subject to the limitation stated in Section II.C. Said COUNTY payment shall be 5 considered as the final cost to COUNTY and COUNTY shall not be liable for any 6 other PROJECT costs. 7 B. Within ninety (90) days after the acceptance of the iriprovenent k 8 under the contract by CITY, CITY shall submit to COUNTY a certification signed 9 by the Director of Public Works and the Director of Finance that all expenditures 10applicable to PROJECT have been made and that copies of all invoices and warrants 11 are on file with the CITY and shall be made available to COUNTY upon request 12 by COUNTY. 13 IV. It is mutually agreed by the parties hereto that: 4 A. The maintenance and operational costs for said traffic signal 15 and intersection lighting installation shall be borne by the parties hereto 16 in accordance with the terms of the traffic signal and highway lighting maintenance 17 agreement No. 369-313. is S. That neither COUNTY nor any officer or employee thereof shall be -19 responsible for any damage or liability occurring by reason of anything done or -20 omitted to be done by CITY under or in connection with any work, authority or 21 jurisdiction delegated to CITY under this agreement. It is also understood and 22 agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify 23 and hold COUNTY harmless from any liability imposed for injury (as defined by 24 Government Code Section 810.8) occurring by reason of anything done or:onitted 25 ^ to be done by CITY under or in connection with any stork, authority or jurisdiction 26 delegated to CITY under this agreement. 27 C. That neither CITY nor any officer or employee thereof shall be 2$ responsible for any damage or liability occurring by reason of anything done —3- N 0 or omitted to be done by COUNT, under or in connection with any work, authority or 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 indemnify and hold CITY harmless from any liability imposed for injury (as defined by fnvernment Code Section 810.8) occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under this agreement. 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 Minute Order of the City Council and the Board of Supervisors, respectively, on the date written opposite their signatures. CITY OF SANTA ANA, a municipal corporation g Dated: � t ' By yt C..W Mayor Clerk of the Council j t JUKE ALEXANDER Clerk of the Board of Supervisors of Orange County, California HM;sil73a(3) A Yf-QF 9RANGE, a political subdivision e £5.gate of California Chairman of the Board of Supervisors APPROVED AS TO FORM: ADRIAN KUYPER, County Counsel ORANGE COUNTY, CALIFORNIA By Deputy -4- -�- - 7