HomeMy WebLinkAboutA-2005-059
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City of Santa Ana
N-2005-059
Draft Utility Agreements
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ORANGE COUNTY TRANSPORTATION AUTHORITY
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CITY OF SANTA ANA
SPECIFIC UTILITY RELOCATION AGREEMENT ("SURA")
SURA NO. 2072 DATE 4-27-05
RECITALS:
The Orange County Transportation Authority ("aCTA"), acting pursuant to the
terms of Cooperative Agreement 12-456 dated November 18, 2002 between
aCTA and the State of California Department of Transportation ("Caltrans"),
proposes to construct improvements ("Highway Improvements") to State Route
22 ("SR-22") between Valley View Avenue and State Route 55, including direct
HaV connectors between SR-22 and 1-405, and between 1-605 and 1-405 using
the design build process.
City of Santa Ana, hereinafter called "City", owns and maintains certain utility
facUities a3---described in Notice to Owner, Notice No. 2072-1. The
improvements, alterations, and/or relocations described in Exhibit "B" ("Project")
are necessary to ensure that aCTA and its design build contractor ("DB
Contractor") can complete the construction and installation of the Highway
Improvements in a timely manner.
AGREEMENT:
I. Applicable Laws and Agreements
The aCTA and City, hereinafter referred to as the "Parties" acknowledge that the
Project will be subject to the requirements of 23 CFR Part 645 (the "Federal
Regulation") as it may be amended from time to time.
II. Work to be Done
A. aCTA's Contractor shall perform the design, construction, removals,
abandonment, , testing and all other work associated with the Project. City shall
perform design reviews and inspection and shall be reimbursed by Contractor for
all work performed on the Project by Contractor. The design of the Project shall
be reflected in plans that shall also be submitted and reviewed by aCTA to
ensure that the Project will be consistent and compatible with the Highway
Improvements and the general criteria provided in the Terms and Conditions as
Utility Agreements.doc
City of Santa Ana
Draft Utility Agreements
described in Exhibit "C." Without limiting aCTA's rights under this provision of
the agreement, all aCTA or DB Contractor acceptances of plans are solely for
the purpose of reviewing consistency and compatibility of the Project with the
Highway Improvements. aCTA and DB Contractor do not have and do not
undertake any duty to review Project plans for their quality or for the adequacy of
the Project for the purposes for which they are intended to be used or for
compliance with law or applicable standards.
B. Deviations from the approved plans, initiated by either aCTA or City, shall
be agreed upon by both parties and described in a Notice to City of Santa Ana.
A Notice to City of Santa Ana, approved by aCTA and acknowledged by City, will
constitute an approved revision of the Project plans. Work under such Notice to
City of Santa Ana shall not commence prior to receipt by City of the Notice to City
of Santa Ana. Changes in the scope of work will require an amendment to this
Agreement in addition to a Notice to City of Santa Ana.
III. Performance of the Project
A. aCTA shall obtain all permits and authorizations required for the Project,
including any from Caltrans or any affected City, and shall also obtain any rights
of entry required for the Project. aCTA shall extend every reasonable effort (at
no cost to aCTA other than time expended by employees) to secure such
permits and authorizations.
B. The Parties acknowledge that aCTA is pursuing construction of the
Highway Improvements by means of a design/build construction contract with the
DB Contractor. aCTA's contract with the DB Contractor may have an impact on
the Project, including matters relating to scheduling and coordination. The
Parties agree:
1. aCTA may delegate to the DB Contractor the duty to perform
certain aCTA's obligations under this Agreement and may
authorize the DB Contractor to exercise certain rights of aCTA
under this Agreement.
2. aCTA agrees to promptly notify City as to the name of the DB
Contractor and provide to City all relevant contact information and
the obligations and rights that have been delegated to the DB
Contractor, once known or determined.
3. City agrees to coordinate its efforts with the DB Contractor and with
aCTA, as appropriate, in light of the involvement of the DB
Contractor as described in this Paragraph D. The DB Contractor
may, if aCTA so requests, by amendment become a party to this
Utility Agreements.doc
City of Santa Ana
Draft Utility Agreements
Agreement provided that such amendment does not increase the
financial burden on City beyond what is otherwise required under
this Agreement.
4. In order to facilitate the coordination of the Project with the
scheduling of the Highway Improvements, certain phasing and
specified work shall be performed as described in Notice to Owner,
Notice No. 2072-1.
IV. PAYMENT FOR WORK
A. It is understood that OCTA will not pay for any betterment or increase
in capacity of City's facilities that City may incorporate in the Project.
IN WITNESS WHEREOF, the parties have executed this SURA as of, and
this SURA shall be effective as of, the "Date" set forth on the face page of this
SURA.
ATTEST:
DAVTD N RF.AM
City Manaqer
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
By:
Kennard R. Smart
General Counsel
By:
e: Stanley G. Phernambucq
Itle: Executive Director, Construction &
Engineering
S G. ROSS
cutive Director
blic Works Agency
Utility Agreements.doc
EXHIBIT B
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City of Santa Ana
Draft Utility A!!reements
EXHIBIT C
TERMS AND CONDITIONS
1. COMPLETE AGREEMENT
This SURA, including all exhibits and documents incorporated herein and made
applicable by reference, constitutes the complete and exclusive statement of the
term(s) and conditions(s) of the SURA between aCTA and City and it supersedes
all prior representations, understandings and communications. The invalidity in
whole or part of any term or condition of this SURA shall not affect the validity
of other term(s) or condition(s).
2. INSURANCE
OCT A shall require its contractors to procure and maintain coverage during the
entire term of the SURA. The following coverage shall be full coverage and not
subject to self-insurance provision. City and its sub-contractors shall provide the
following insurance coverage:
a. Commercial General Liability, to include Products/Completed Operations,
Independent Contractor's, Contractual Liability, and Personal Injury
Liability with at least $1,000,000 of coverage.
b. Automobile Liability Insurance with the following limits:
1) Bodily Injury and Property Damage with limits of
$1,000,000 per accident combined single limit;
c. Worker's Compensation with limits as required by the State of Cali fomi a
Proof of such coverage, in the form of an insurance City-issued policy
endorsement and a broker-issued certificate, must be received by aCTA prior to
commencement of any work. Proof of insurance coverage must be received by
aCTA within 15 days from the date of execution of the SURA. aCTA must be
named as an additional insured on the certificate and endorsement.
City shall include on the face of the Certificate ofInsurance the SURA No. 2072.
Utility Agreements.doc