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Home My WebLink AboutCOSTA MESA, CITY OF (12)/j MREEMENT FOR REHABILITATION OFHARBOR BOULEVARD FROM SUNFLOWER AVENUE TO MACARTHUR BOULEVARD THIS AGREEMENT is made and entered into this day of 1996 by the CITY OF SANTA AA (hereinafter "Santa Ana") and the CITY OF COSTA MESA (hereinafter "Costa Mesa"). I WITNESSETH WHEREAS, Costa Mesa desires to resurface the pavement, and reconstruct existing damaged concrete street improvements on sections of Harbor Boulevard from Wilson Street to MacArthur Boulevard, construct storm drain improvements from Sunflower Avenue to Greenville Banning Channel (South Coast Drive), and intersection improvements at Sunflower Avenue ' and Harbor Boulevard (hereinafter, "THE PROJECT") in accordance with engineering studies indicating the need for such improvements; and WHEREAS, a portion of Harbor Boulevard needing new storm drain facilities, resurfacing, and reconstruction located between Sunflower Avenue and MacArthur Boulevard lies partly within the corporate limits of Santa Ana; and WHEREAS, Costa Mesa and C.J. Segerstrom & Sons have entered into a contract with CH2N4HILL and Norris-Repke, Inc., (hereinafter, "CONSULTANTS") to provide design engineering and prepare plans and specifications for THE PROJECT, and WHEREAS, the parties hereto desire to provide for the concurrent design engineering, construction engineering, survey, and construction of that portion of Harbor Boulevard within the corporate boundaries of both cities and desire to provide for the proportionate sharing of the costs thereof. NOW, THEREFORE, the parties hereto agree as follows: 1. Costa Mesa shall prepare the plans and specifications for THE PROJECT in accordance with standard engineering practices. Santa Ana shall have a right of approval of said plans and specifications as they relate to the portion of THE PROJECT located within Santa Ana. Costa Mesa shall advertise and award the construction contract for THE PROJECT in accordance with state and local law. 3. Costa Mesa shall administer the constniction contract and shall supervise all work performed. Harbor Rehab Agreement I of 3 4. Mutual Indemnity Provision: a.) Santa Ana shall hold harmless, indemnify and defend Costa Mesa and its officers, agents, and employees from and against all claims and liabilities for injury to person or property arising out of any negligent or wrongful act, error or omission of Santa Ana or its officers, agents, or employees in the performance of this Agreement. b.) Costa Mesa shall hold harmless , indemnify and defend Santa Ana and its officers, agents and employees from and against all claims and liabilities for injury to person or property arising out of any negligent or wrongful act, error, or omission of Costa Mesa or its officers, agents, or employees in the performance of this Agreement. S. Each City's share of the cost of THE PROJECT, including design engineering, survey and construction engineering shall be borne and paid for by the parties hereto in proportion to the amount of resurfacing and reconstruction actually performed in each City. The proportionate shares have been preliminarily apportioned as follow: A - Harbor Rehabilitation: to Costa Mesa in the amount of ninety-nine percent (99%) and to Santa Ana in the amount of one percent (1%); and B- Harbor Storm Drain Improvements and Intersection Improvements at Harbor Blvd. And Sunflower Ave.: to Costa Mesa in the amount of twenty-nine percent (29%) and to Santa Ana in the amount of seventy-one (71%). Such preliminary proportionate shares may be adjusted, as necessary, with the mutual approval of the City Engineers of Costa Mesa and Santa Ana and shall reflect the actual quantity of work performed in each city. b. Upon award of a construction contract to the successful bidder, Costa Mesa will forward a copy of the bid abstract to Santa Ana together with an invoice for Santa Ana's, estimated proportionate share of construction, construction engineering, survey, and design engineering costs. 7. Any change orders deemed necessary or advisable by Costa Mesa may be executed by Costa Mesa, except that any change orders which may affect the construction within Santa Ana shall first be approved, in writing, by Santa Ana. Any changes requested by Santa Ana may likewise be processed and included. Santa Ana shall be responsible for payment of Santa Ana's share of all change orders affecting Santa Ana's portion of THE PROJECT. 9. Upon completion of THE PROJECT, Costa Mesa will forward to Santa Ana an itemized invoice setting forth the final contract costs for construction within Santa Ana. Said costs shall include the total amount paid to the contractor together with design engineering, survey, construction engineeering costs and change orders (if any) based upon actual charges. Santa Ana shall pay its share of funds to Costa Mesa within thirty (30) days of invoice. Harbor Rehab Agreement 2 of 3 9. Upon recordation of the Notice of Completion, each party shall rnaintain those improvements located within its corporate limits. 10. Santa Ana and Costa Mesa do hereby waive all claims and demands against each other for any loss, damage or iijjury of any kind or character to any person or property, arising out of design or construction of THE PROJECT or arising from any act or omission of either City's respective officers, agents, or employees, except to the extent occasioned by the sole negligence or willful misconduct of the parties or their officers, agents, or employees. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF SANTA ANA By: Mayor By: Clerk of the Council APPROVED AS TO FORM c--z- City Attorney APPROVED AS TO CONCEPT M- City Manager RECOM7 �,LADED FOR :OVAL James G. Ross, Executive Public Works Agency CITY OF COSTA MESA By: Mayor By: T. City Clerk APPROVED AS TO FORM By: City Attorney APPROVED AS TO CONCEPT 00 By: il-15-11ro Project 1\44ater CRY Council Approved On: / L -2 - �L Harbor Rehab Agreement 3 of 3 CITY COUNCIL MEETING DATE: JANUARY 6, 1997 TITLE: APPROVED 13 As Recommended ITY 0 As Amended RARBOR 0 Ordinance on 1st Reading ENTS LJ Ordinance on 2nd Reading LJ Implementing Resolution 0 Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER H1141 W"ItIff" Direct the City Attorney to of the Council. to execute an Harbor Boulevard improvements prepare and. authorize the Mayor and Clerk agreement with the City of Costa Mesa for in the amount of $534,540. The City of Costa Mesa is planning to rehabilitate the pavement and construct a. storm drain on Harbor Boulevard between MacArthur Boulevard and Wilson Street (Exhibit 1). Since a portion of Harbor Boulevard lies within -the City of Santa Ana, the City of Costa Mesa has requested Santa Ana's participation in the project. The Public Works Agency has reviewed the design concept for this project and recommends participation in. the pavement rehabilitation and storm drain construction of Harbor Boulevard. As the predominant portion of the project lies within Costa Mesa, the City of Costa Mesa will serve as the lead agency. The agreement sets forth the terms and conditions for design and construction of the pro? e c t . Although construction is scheduled to commence in January 1997 and be completed by September 1.997, the City of Santa Ana share wiii not be available until FY 1997-98 budget. The City of Costa Mesa has accepted this funding arrangement. mm M Agreement With the January 6, 1997 Page 2 City of Costa Mesa The total cost for the Harbor Boulevard project is estimated at $5,560,000. The City's share is estimated at $534,540. Funds for the project will be budgeted in the Fiscal Year 1.997-98 Capital Improvement Program. James G. Ross Executive Director Public Works Agency Blvd (-'cnsL/r4d D AS,40 FUNDS AND ACCOUNTS: --l. -- Executive Finance & irector anagement Services 25C )- 048 EXHIBIT 1 SAWA ANA City Council Title: AGREEMENT WITH THE CITY OF p�� Agenda Date COSTA MESA FOR HARBOR BLVD. PNi 1ANUARY 6, 1997 IMPROVEMENTS PUBLIC RM, MERCY CT ION ARR