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Home My WebLink AboutCA DEPT TRANSPORTATION 18 - 1999 oJ N-1999- 122 ~\Il~ 12-0RA-55 Freeway widening between SR-22 And SR-91 12209 - 092308 Capital EA No. 013314 KP 20.3/21.5 Police Enforcement and Local Street Modifications District Agreement 12-383 O:11l ~"-', . :.t ..~:....., .'..} COOPERATIVE AGREEMENT This COOPERATIVE AGREEMENT, entered into on Sepff-fVIbe..r ZO, 1999 is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as .STATE", and CITY OF SANTA ANA A charter city and a municipal Corporation of the State of California, referred to herein as .CITY" District Agreement 12-383 RECITALS 1. STATE and CITY, pursuant to Street and Highways Code Sections 94 and 114 are authorized to enter into a Cooperative Agreement to implement a Traffic Management Plan as part of construction that will affect CITY streets. 2. STATE's impending widening of the SR-55 Freeway between SR-22 and SR- 91 will require Traffic Control Officers provided by the City of Santa Ana, and Local Street Modifications performed by the City of Santa Ana until construction is completed. Therefore, STATE and CITY desire to enter a Cooperative Agreement to provide Police Enforcement and Local Street Modifications referred to herein as "POLICE ENFORCEMENT AND LOCAL STREET MODIFICATIONS". 3. According to the Traffic Management Plan (TMP), the construction of the project will require modifications of 17ili Street approaches to SR 55 ramps and Fairhaven east of Grand Ave. to accommodate Fairhaven Elementary School access and pedestrian safety. 4. Therefore, STATE and CITY desire to enter a Cooperative Agreement to provide "POLICE ENFORCEMENT AND LOCAL STREET MODIFICATIONS". The combined estimated cost of these services is $9850. 2 District Agreement 12-383 SECfION I STATE AGREES: 1. To pay CITY 100% of POLICE ENFORCEMENT AND LOCAL STREET MODIFICATIONS cost, which is estimated at $9,850 or the actual costs of POLICE ENFORCEMENT AND LOCAL STREET MODIFICATIONS 2. To deposit with CITY, within 30 days of receipt of billing invoices for POLICE ENFORCEMENT AND LOCAL STREET MODIFICATIONS, the actual cost incurred and to continue making such deposits until the end of the POLICE ENFORCEMENT AND LOCAL STREET MODIFICATIONS SECTION II SECfION II CITY AGREES: 1. Design and, as needed, construct Local Street Modifications by CITY staff or CITY contractor. 2. To submit signed itemized monthly invoices for POLICE ENFORCEMENT AND LOCAL STREET MODIFICATIONS, in triplicate, with specific details of all costs incurred during the period of the invoice. Each invoice will meet format and content requirements specified by STATE. Each invoice shall be submitted to the STATE Project Coordinator for approval and forwarded to the appropriate STATE Accounting Office for payment. An additional copy of each invoice shall be submitted to STATE Account Payable Office. 3 District Agreement 12-383 SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are contingent upon the appropriation of resources by the Legislature, and the encumbrance of funds under this Agreement. 2. The estimated total cost for POLICE ENFORCEMENT AND LOCAL STREET MODIFICATIONS is $9,850, and such total cost shall not be exceeded unless additional funds are provided by STATE written amendment to this Agreement. 3. The total reimbursement cost payable by STATE to CITY for POLICE ENFORCEMENT AND LOCAL STREET MODIFICATIONS under this Agreement will be subject to audit verification as to all elements of costs and fees charged. Any STATE funds remaining on deposit with CITY for POLICE ENFORCEMENT AND LOCAL STREET MODIFICATIONS shall be returned to STATE within 30 days after termination of POLICE ENFORCEMENT AND LOCAL STREET MODIFICATIONS contract. 4. The Contract Cost Principle and Procedure, 48 CFR. Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq. shall be used to determine the allowability of individual items of cost. 5. CITY, its subcontractors and consultants, and STATE shall maintain all books, documents, paper, accounting records, and other evidence pertaining to the performance of this Agreement, and the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three 4 District Agreement 12-383 years from the date of the final payment under the Agreement. STATE, the State Auditor General, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of CITY and its contractors that are pertinent to the Agreement for audits, examinations, excerpts and transactions, and copies thereof shall be furnished if requested (Government Code Section 10532). 6. STATE shall designate a STATE Project Coordinator and CITY shall designate a representative through whom all communications between the two agencies shall be channeled. 7. Nothing in the provision of this Agreement is intended to create duties or obligation to, or rights in third parties, not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care respecting the maintenance of State highways different from the standard of care imposed by law. 8. No alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 9. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the STATE, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.0) 5 District Agreement 12-383 occurring by reason of anything done or omitted to be done by the CITY under or in connection with any work authority or jurisdiction delegated to CITY under this Agreement. 10. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.0) occurring by reason of anything done or omitted to be done by the STATE under or in connection with any work authority or jurisdiction delegated to STATE under this Agreement. 11. STATE reserves the right to terminate this Agreement upon a thirty- (30) days-advanced written notice to CITY. At the time of termination, CITY shall be entitled to receive and STATE shall pay CITY compensation for all services and work performed by city up to the date of termination. 12. The total amount payable by STATE to CITY may be increased by amendment to this Agreement, if, after 80% of the estimated total costs of $9,850 have been expended and it appears that projected expenditures through PROJECT completion will exceed 100% of the estimated costs. 13. This Agreement shall terminate upon completion of construction and after opened to traffic or on December 31, 2003, whichever is earlier in time, unless both parties agree to an extension of time in writing. 6 District Agreement 12-383 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers. STATE OF CALIFORNIA 0:14':;;.:;,] DepartinentofTransportation JOSE MEDINA Director of Transportation CITY OF SANTA ANA, a municipal corporation of the State of California By~,4 By~M Ken Nelson David N. Ream City Manager District Division Chief, Design By: Attest:~. U. Ay /"" JaAfce C. Guy Clerk of the Council APPROVED AS TO FORM AND PROCEDURE APPROVED AS TO FORM DepartinentofTransportation BY:~V CERTIFIED AS TO FUNDS Joseph W. Fletcher City Attorney B~A~ District Budget Manager VAL: CERTIFIED AS TO FORM AND PROCEDURE Bd~~ 'Mc~~_~ James G. Ross Executive Director Accounting Administrator Public Works Agency 7