HomeMy WebLinkAboutORANGE, CITY OF (MAIN STREET IMPROVEMENRTS) - 2007
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AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND THE CITY OF ORANGE FOR THE
ARTERIAL HIGHWAYS REHABILITATION PROJECT
ON MAIN STREET FROM WALKIE WAY TO NORTH CITY LIMITS
/F ...L- This Agreement ("Agreement"), made and entered into this...1fl,l day of
uc I q~~..L ,2007, by and between the CITY OF ORANGE, a municipal corporation
("ORANGE"), and the CITY OF SANTA ANA, a charter city and municipal corporation
("SANTA ANA").
RECITALS:
A. ORANGE and SANTA ANA desire to enter into an agreement for street
rehabilitation work per the plans and specifications prepared by the City of Santa Ana
("the PROJECT"). The PROJECT consists of street rehabilitation work on Main Street
from Walkie Way to the north Santa Ana city limits.
B. The PROJECT lies partly within the corporate and jurisdictional limits of
SANTA ANA and partly within the corporate and jurisdictional limits of ORANGE.
C. The parties hereto desire to each provide for the PROJECT, induding the
preparation of plans, specifications, and related cost estimates for construction
(collectively "the Construction Documents"); materials testing; site survey; construction
engineering; construction management; construction and maintenance.
D. The parties desire for SANTA ANA to be responsible for preparing the
Construction Documents and materials testing, site construction survey, construction
engineering, construction management, and construction for the entire PROJECT.
E. The PROJECT has received the funding in the amount of$565,6ll from
Arterial Highways Rehabilitation Project (AHRP), while the total PROJECT cost is
estimated at $1,131,221.
F. Final cost will be per unit price bid for the quantity of all items as listed in
Exhibit "A".
NOW, THEREFORE, the parties agree as follows:
1. SANTA ANA Rights and Duties:
a. SANTA ANA shall be the lead agency for prepanng the Construction
Documents.
b. SANT A ANA shall notify ORANGE in writing of any changes, increased
costs, and meetings associated with SANTA ANA's lead agency
responsibilities for the PROJECT.
c. SANTA ANA shall be the lead agency for materials testing, site construction
survey, construction engineering, construction management, and construction
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for the PROJECT; and is authorized to hire and confer with all consulting
engineers and contractors relative to the materials testing, site construction
survey, construction engineering, construction management, and construction
for the total PROJECT in accordance with standard construction practices.
d. SANTA ANA shall have the exclusive right of approval of all plans,
specifications and cost estimates prepared by consultants for the portion of the
PROJECT within the jurisdictional boundaries of SANTA ANA.
e. All progress payments for the PROJECT shall be reviewed by SANTA ANA.
All work within SANTA ANA shall be per Santa Ana standard plans.
f. SANTA ANA shall cause all hired consultants on the PROJECT to obtain
general liability and motor vehicle liability insurance in amounts satisfactory
to ORANGE. For any consultant contract on the PROJECT entered into for
this "Agreement", SANTA ANA shall also cause ORANGE to be named as
additionally insured on insurance certificates and separate endorsements for
all consultant contracts related to the PROJECT. Copies of such certificates
and endorsements shall be provided to ORANGE prior to consultants
proceeding with work on the PROJECT.
g. SANTA ANA shall advertise and award all contracts for the PROJECT in
accordance with federal, state and local laws.
h. SANTA ANA shall, in advance, notify ORANGE as to the official advertising
dates, bid opening date, and construction start date, and request ORANGE to
attend all pertinent meetings, i.e. pre-bid, pre-construction, site, and final walk
through.
1. SANTA ANA shall provide ORANGE final Record Drawings for the
PROJECT within 120 days of the completion and acceptance of construction.
2. ORANGE Rights and Duties:
a. Change orders for work within ORANGE must receive the written approval of
the Executive Director of the Public Works Agency of ORANGE prior to
implementation, which approval shall not be umeasonably withheld.
ORANGE shall have oversight inspection review within ORANGE
jurisdictional boundaries and shall be notified of the progress of the
PROJECT for such purposes. ORANGE shall also have the right to enter and
inspect within SANTA ANA boundaries at all times for the purposes of
overseeing SANTA ANA lead agency functions.
b. ORANGE shall have the exclusive right of approval of all plans,
specifications and cost estimates prepared by consultants for the portion of the
PROJECT within the jurisdictional boundaries of ORANGE.
2
3. Joint Rights and Duties:
a. In the event that expended costs for the PROJECT exceed funds listed in
Exhibit "A", SANTA ANA shall be solely responsible for obtaining the
additional funding for the increased costs occurring within the jurisdictional
boundary of SANTA ANA and ORANGE shall be solely responsible for
obtaining the additional funding for the increased costs occurring within the
jurisdictional boundary of ORANGE. ORANGE shall be responsible for 50%
of the cost for eligible items under the AHRP program and 100% of the cost
for non-eligible items as listed in Exhibit "A".
b. ORANGE and SANTA ANA shall be responsible for maintenance and
operations within their jurisdictional boundaries for the work done under this
PROJECT.
c. Mutual Indemnity Provision:
1. Upon completion of the PROJECT, SANTA ANA shall accept
maintenance responsibility for the PROJECT within SANTA ANA
jurisdictional limits, and ORANGE within ORANGE jurisdictional
limits.
11. Pursuant to Section 8546.7 of the California Government Code, in
the event that this Agreement involves expenditures of State funds
aggregating in excess of Ten Thousand Dollars ($10,000), both
parties shall be 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 Agreement.
111. That neither SANTA ANA nor any officer or employee thereof
shall be responsible for any damage or liability occurring by reason
of anything done or omitted to be done by ORANGE under or in
connection with any work, authority, or duties delegated to
ORANGE under this Agreement. It is also understood and agreed
that, pursuant to Government Code Section 895.4, ORANGE shall
fully indemnify, defend, and hold SANTA ANA harmless from
any liability imposed for injury (as defined by Government Code
Section 810.8), occurring by reason of anything done or omitted to
be done by ORANGE under or in connection with any work,
authority, or duties delegated to ORANGE under this Agreement.
IV. That neither ORANGE nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of
anything done or omitted to be done by SANTA ANA under or in
connection with any work, authority, or duties delegated to
SANTA ANA under this Agreement. It is also understood and
agreed that pursuant to Government Code Section 895.4, SANTA
3
T
ANA shall fully indemnify, defend and hold ORANGE harmless
form any liability imposed for injury (as defined by Government
Code Section 810.8) occurring by reason of anything done or
omitted to be done by SANTA ANA in connection with any work,
authority, or duties delegated to SANTA ANA under this
Agreement.
4. Notice:
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in
person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile
or other telegraphic communication in the manner provided in this Section, to the
following persons:
To City:
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702-1988
Telefacsimile (714) 647-5622
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Telefacsimi1e (714) 647-6515
and,
City of Orange - Public Works Agency
300 E. Chapman Avenue
Orange, CA 92866
Attn: Gail Farber
Telefacsimile (714) 744-5573
and,
City Attorney, David DeBerry
City of Orange
300 E Chapman Avenue
Orange, CA 92866
Telefacsimile (714) 538-7157
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and
4
transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given three (3) days after
it has been deposited in the United States mail, duly registered or certified, with postage
prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender,
demand, delivery, or other communication shall be effective or deemed to have been
given twenty-four (24) hours after the time set forth on the transmission report issued by
the transmitting facsimile machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
Remainder of page intentionally blank
Signatures on following page
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IN WITNESS WHEREOF, ORANGE has caused this Agreement to be executed by its
Mayor and attested by its Clerk, and SANTA ANA caused this Agreement to be executed
by its City Manager and attested by its Clerk, as duly authorized by the ORANGE City
Council and the SANTA ANA City Council, respectively.
CITY OF SANTA ANA, a
municipal corporation of the
State of California
~
By:
~ David N. Re
City Manager
CITY OF ORANGE, a
municipal corporation of the
State of Car ia
ATTEST:
ATTEST:
'-~
~v Patricia E. Heal~
Clerk of the Co cil
APPROVED AS TO FORM:
II
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. .Oh<- a~
Joseph W. Fletcher
City Attorney
APPROVED AS TO CONTENT:
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~ohn W. Sibley
'City Manager
RECOMMENDED FOR APPROVAL:
RECOMMENDED FOR APPROVAL:
Xfa~./d~'
Gail Farber
Director of Public Works/City Engineer
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CITY OF ORANGE
CITY CLERK
(714) 744-5500
FAX: (714) 744-5515
www.cityoforange.org
October 29, 2007
Alan Stanley
Engineering Tech II
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702-1988
Dear Mr. Stanley:
Enclosed please find (3) three executed copies of the agreement for the rehabilitation of
Main St. between your agency and the City of Orange. They are now ready for signatures
by your agency.
Once these documents have been signed, please return one fully executed copy to me at
the City Clerk's Office at the address below.
If! can be of any further assistance to you, please contact me at the City Clerk's office
Very truly yours,
~l-f. ~
LMary E. Murphy
! . City Clerk
cc: Public Works Department
C:\Documents and Settings\mday\My Documents\agrsig.doc
81,':\~M~CY~LIYe.lh CENTER
300 E. CHAPMAN A VENUE
ORANGE, CALIFORNIA 92866-1591