HomeMy WebLinkAboutA-2007-1491
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ilNSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK Of COUNCIL
DATE: 6-a26-o'1
i O'. PWA (T~c~f3 )
i Cv. ~(guyen~
AGREEMENT
A-2007-149
Agreement No. D07-037
THIS AGREEMENT is entered into the L~ day of M ~y 2007,
BY AND BETWEEN
The CITY OF SANTA ANA, a
Municipal Corporation in the State of
California hereinafter referred to as "CITY"
AND
The COUNTY OF ORANGE, a political
subdivision of the State of California,
hereinafter referred to as
"COUNTY".
RECITALS
WHEREAS, CITY proposes to replace the existing flashing beacons with a signalized pedestrian
crossing at the following crosswalk locations along Civic Center Drive: 1) at the Orange County parking
structure (Civic Center Garage), and 2) at Parton Street servicing Central Justice Center, collectively
hereafter referred to as PROJECT;
WHEREAS, the proposed improvements will increase pedestrian and traffic safety;
WHEREAS, PROJECT lies within the CITY's jurisdiction;
WHEREAS, the COUNTY is desirous of participating with the CITY in this cooperative
because these crossings serve primarily County facilities and have a direct safety benefit to County visitors,
clients and employees;
WHEREAS, this AGREEMENT memorializes the COUNTY's one-time contribution of Fifty
Thousand Dollars ($50,000) as its share of the PROJECT construction cost.
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Page 1 of 5
Agreement No. D07-037
1 NOW, THEREFORE, it is mutually understood and agreed by COUNTY and CITY as follows:
2
3 ARTICLE 1. RESPONSIBILITIES OF COUNTY
4 COUNTY agrees to the following responsibilities:
5 A. To provide comments on plans and specifications provided by CITY within 7 calendar days
6 receipt.
~ B. To provide aone-time contribution of Fifty Thousand Dollars ($50,000) to CITY for 1
$ construction of improvements, with said payment representing COUNTY'S total maximum payme
9 obligation under this AGREEMENT.
10 C To remit the Fifty Thousand Dollars ($50,000) payment to CITY upon receipt by COUNTY
11 CITY'S award of construction contract for PROJECT and an invoice for the said amount. COUNTY w
12 remit payment within 30 days of receipt and approval of said invoice.
13
14 ARTICLE 2. RESPONSIBILITIES OF CITY
15 CITY agrees to the following responsibilities:
16 q, As lead agency, to be responsible for the preparation of all studies, analyses and documer
17 necessary to deliver project, including any CEQA environmental documentation, and the entire costs
18 design, administration, and post-project ownership and maintenance of PROJECT.
19 B. To provide COUNTY a final draft copy of the plans and specifications for COUNTY'S revie
20 and comments to verify PROJECT goals are achieved.
21 C. To submit COUNTY a final invoice for Fifty Thousand Dollars ($50,000) for the COUNTY
22 contribution upon award of contract for the construction of PROJECT improvements and submittal
23 COUNTY of appropriate invoicing information.
24 D. To provide COUNTY, within 120 days of filing of a Notice of Completion, final co
25 information on the final actual costs of construction of improvements.
26 E. To provide COUNTY, in a timely manner following completion of construction, one set
Page 2 of 5
Agreement No. D07-037
Record Drawings, depicting the actual field constructed improvements.
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F. To indemnify, defend wish counsel approved in writing, and hold COUNTY, its
elected officials, officers, agents and employees harmless from claims, demands, or liability of any kind
nature, including but not limited to personal injury or property damage, and any and all legal costs a
attorneys' fees, arising in any manner out of the performance occurring by reason of anything done
omitted to be done by CITY under or in connection with any work or obligation performed under t
AGREEMENT.
ARTICLE 3. MUTUAL AGREEMENTS
It is mutually agreed by the parties hereto that:
A. This AGREEMENT contains the entire agreement between the parties with respect to
matters provided for herein. No alteration or variation of the terms of this AGREEMENT shall be v.
unless made in writing and signed by the parties hereto. Further, none of the parties to this AGREEME
shall be bound by any representations, warranties, promises, statements, or information unless expressly
forth herein..
B. In the event COUNTY or CITY defaults in the performance of any of their obligations
this AGREEMENT or materially breaches any of the provisions of this AGREEMENT, CITY a
COUNTY shall have the option to terminate this AGREEMENT upon thirty (30) days' prior written not.
to the other Party. In the event CITY or COUNTY cures such default within such thirty (30) day perm
CITY and COUNTY'S election to terminate shall be deemed revoked and of no further force and effect
to that particular default. Additionally, after construction of the PROJECT is complete CITY a
COUNTY may terminate this AGREEMENT for convenience, provided that the termination is volunt;
by both Parties.
C. All notices and communications required under this AGREEMENT shall be deemed
when either personally served or forty-eight (48) hours after being deposited in the U.S. mail, registered
certified mail, return receipt requested, postage prepaid and addressed as follows:
Page 3 of 5
Agreement No. D07-037
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CITY OF SANTA ANA
Public Works Department
20 Civic Center Plaza, M-43
P.O. Box 1988
Santa Ana, CA 92702
Attn: Transportation Manager
And
City Attorney
20 Civic Center Plaza. M-29
P.O. Box 1988
Santa Ana, CA 92702
COUNTY OF ORANGE
Resources & Development Management Department
300 North Flower Street
Santa Ana, CA 92703-5000
Attn: Director of Public Works/Chief Engineer
D. This AGREEMENT has been negotiated and executed in the state of California and shall be
governed by and construed under the laws of the state of California. In the event of any legal action to
enforce or interpret this AGREEMENT, the sole and exclusive venue shall be a court of competent
jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to
the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the
parties specifically agree to waive any and all rights to request that an action be transferred for trial to
another county.
E. If any part of this AGREEMENT is held, determined or adjudicated to be illegal, void or
unenforceable by a court of competent jurisdiction, the remainder of this AGREEMENT shall be given
effect to the fullest extent reasonably possible.
F. This AGREEMENT shall be binding upon and inure to the benefit of the successors and assigns
of the COUNTY and CITY. No assignment shall be made without the written consent of both the
COUNTY and CITY.
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Page 4 of 5
Agreement No. D07-037
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IN WITNESS WHEREOF, the CITY has caused this AGREEMENT to be executed by the City Manager
and attested by its Clerk, and COUNTY has caused this AGREEMENT to be executed by its Chairman of
the Board of Supervisors and attested by its Clerk, all thereunto duly authorized by Minute Orders of the
City Council and the Board of Supervisors, respectively, on the date written opposite their signatures.
Date: 6' 0~~'~7
A
THE CITY OF SANTA ANA,
A municipal corporation
By:
City ager
Approved as to form:
~ ~
~ City Clerk of~he Council ,~~sT City Attorney
Date: rJ " ~ ' t) ~
COUNTY OF ORANGE,
a political subdivision of the State of
Califomia
By: t/ "
Chairman of the Board Supervisors
SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM:
THIS DOCUMENT HAS BEEN DELIVERED COUNTY COUNSEL
TO THE CHAIR OF THE BOARD OF
~.
SUPERVISORS '
By: BY
Darlene J. loom
Clerk of the Board of Supervisors o
Orange County, California
Page 5 of 5
• AGMT NO. 2007-145 -With SoftMaster Inc.
• AGMT N0. 2007-146 -With Telefords
• AGMT NO. 2007-147 -With The Comydyn Group, Inc.
• AGMT NO. 2007-148 -With Dawna Whaley
25.G. AGMT - COOPERATIVE AGREEMENT AND APPROPRIATION
ADJUSTMENT - CIVIC CENTER DRIVE PEDESTRIAN FLASHING
BEACONS
Motion: 1. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute an agreement.
AGMT NO. 2007-149 - Execute a cooperative agreement with the County
of Orange for the upgrade of pedestrian flashing beacons on Civic
Center Drive at Parton Street and at Orange County parking structure.
2. Approve an Appropriation Adjustment. (Requires five affirmative
votes
APPROPRIATION ADJUSTMENT NO. 07-129 -Accepting funds from the
County of Orange in the amount of $50,000 into Measure M Street
Construction fund revenue account and appropriating funds to the Measure
M Street construction expenditure account (Project Na. 06-1722) for the
upgrade of the pedestrian flashing beacon on Civic Center Drive.
25.H. AGMTS - BRISTOL STREET CORRIDOR (PROJECT 06-1500)
PURCHASE AGREEMENTS -PUBLIC WORKS AGENCY
• AGMT NO. 150 -With Juan Argota and Luis Romero for the
purchase of the residential property located at 921 N. Bristol in the
amount of $485,000;
• AGMT NO. 151 -With Jorge and Anabel Mejia for the purchase of
the residential property located at 902 S. Bristol in the amount of
$620, 000
25.1. AGMTS -APPROVAL OF QUALIFIED ENVIRONMENTAL CONSULTANT
LIST TO PROVIDE ENVIRONMENTAL SERVICES AND TECHNICAL
STUDIES AND APPROPRIATION ADJUSTMENT- PLANNING &
BUILDING AGENCY
MOTION: 1. DIRECT THE CITY ATTORNEY TO PREPARE AND
AUTHORIZE THE CITY MANAGER AND CLERK OF THE
COUNCIL TO EXECUTE AGREEMENTS WITH THE FOLLOWING FIRMS
TO PROVIDE ENVIRONMENTAL SERVICES AND RELATED TECHNICAL
STUDIES FOR THE CITY OF SANTA ANA PLANNING DIVISION AT THE
FEES SET FORTH IN THEIR RESPONSES TO REQUEST FOR
QUALIFICATIONS.
CITY COUNCIL MINUTES 9 JUNE 18, 2007
• Excuse Councilmember Tinajero from June 18, 2007 City Council Meeting
• Addition of Closed Session Report, Item 19.A.
Motion: Approve staff recommendations on the following Consent Calendar items.
MOTION: Alvarez
VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Tinajero
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento (6)
None (D)
None (0)
Tinajero (1)
ADMINISTRATIVE MATTERS
MINUTES
Motion: Approve minutes. (Item 10.A. -10.B.)
10.A. REGULAR MEETING MINUTES OF MAY 21, 2007
10.8. ADJOURNED REGULAR MEETING MINUTES OF MAY 21, 2007
11.A. ORDINANCES DESCRIBING THE COMMUNITY REDEVELOPMENT
AGENCY'S EMINENT DOMAIN PROGRAM FOR THE CENTRAL CITY,
INTER CITY COMMUTER STATION, NORTH HARBOR BOULEVARD,
SOUTH HARBOR BOULEVARD/FAIRVIEW STREET, SOUTH MAIN
STREET AND BRISTOL CORRIDOR REDEVELOPMENT PROJECTS
Placed on first reading at the June 4, 2007 City Council meeting and
approved by a vote of 7-0
Published in the Orange County Reporter on June 8, 2007
Motion: Place ordinances on second reading and adopt.
ORDINANCE NS-2745 - An ordinance of the City Council of the City of
Santa Ana describing the Community Redevelopment Agency's Eminent
Domain Program for the Santa Ana Central City Redevelopment Project
ORDINANCE NS-2746 - An ordinance of the City Council of the City of
Santa Ana describing the Community Redevelopment Agency's Eminent
CITY COUNCIL MINUTES 3 JUNE 18, 2007
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 18, 2007
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
COOPERATIVE AGREEMENT FIIT$ THE ^ As Recommended
COUNTY OF ORANGE AND APPROPRIATE FUNDS FOR ^ As Amended
^ Ordinance on 1" Reading
CIVIC CENTER DRIVE PEDESTRIAN FLASHING ^ Ordinance on 2ntl Reading
BEACONS UPGRADING (PROJECT 06-1722) ^ Implementing Resolution
^ Set Public Hearing For
/ ~ ~y"~t~
CITY MANAGER
V RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
1. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute a cooperative agreement with the
County of Orange for the upgrade of pedestrian flashing beacons on
Civic Center Drive at Parton Street and at Orange County parking
structure.
2. Approve an appropriation adjustment accepting funds from the County
of Orange in the amount of $50,000 into Measure M Street
Construction fund revenue account (account no. 32-01-5055)and
appropriating funds to the Measure M Street Construction fund
expenditure account (Project No. 06-1722, account no. 32-551-6631)
for the upgrade of the pedestrian flashing beacon on Civic Center
Drive.
DISCUSSION
On May 1, 2007 the Orange County Board of Supervisors approved an
agreement with the City of Santa Ana for upgrading the pedestrian
flashing beacons on Civic Center Drive. The upgrade will provide
additional equipment for better control of the traffic and increase
protection of the pedestrian crossing Civic Center Drive at Parton Street
and at Orange County parking structure (Exhibit 1). The agreement
provides $50,000 (50~ of the total cost) toward the cost of upgrading
the flashing beacons. The funds received by the City will be used for
construction of the traffic control beacons for pedestrian.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
25G-1
Cooperative Agreement and Appropriate Adjustment
for upgrading pedestrian beacons
June 18, 2007
Page 2 of 2
FISCAL IMPACT
Funds in the amount of $50,000 will be deposited into the Measure M
Street Construction fund revenue account (account no. 32-01-5055) and
appropriated into the Measure M Street Construction fund expenditure
account (Project No. 06-1722, account no. 32-551-6631).
APPROVED AS TO FUNDS AND ACCOUNTS:
C~ p~ 3YC • ~ ~~ .
Francisco Gutierrez r
Executive Director
Finance & Mgmt. Services Agency
25G-2
Executive Director
~ublic Works Agency
EXHIBIT 1
SANTA ANA
City Couneil COOPERATIVE AGREEMENT WITH THE COUNTY OF
Pa IMA ^ Agenda Date: ORANGE AND APPROPRIATE FUNDS FOR CIVIC CENTER
Lam/ DRIVE PEDESTRIAN FLASHING BEACONS UPGRADE
~~~~`~" June 18, 2607 (PROJECT OS-1722)
25G-3