HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY - 2009
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INSURANCE NOT REQUIRED
WORK MAY PFJOCEED
CLERK OF COUNCIL
IJATF'
NOV 2 4 2009
Q I, 2 CiJu<~ COOPERATIVE AGREEMENT NO. C-9-0560
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A-2009-187
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ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
IMPLEMENTATION OF VIDEO SURVEILLANCE SYSTEM ("VSS") AT SANTA ANA
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REGIONAL TRANSPORTATION CENTER (SARTC)
THIS AGREEMENT, is effective as ofthiS~ay of ~ 2009, by and between the
Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California
92863-1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"),
and the City of Santa Ana, 20 Civic Center Plaza, M-21, Santa Ana, California 92702, a municipal
corporation duly organized and existing under the constitution and laws of the State of California
(hereinafter referred to as "CITY").
RECITALS:
WHEREAS, AUTHORITY and CITY desir~ to enter into a Cooperative Agreement to install a
Video Surveillance System (VSS) at the Santa Ana Regional Transportation Center (SARTC),
previously known as the Santa Ana Depot, at 1000 East Santa Ana Boulevard in Santa Ana, California
(hereinafter referred to as "PROJECT"); and
WHEREAS, On September 13, 2007 AUTHORITY's Board of Directors (BOARD) approved the
use of Federal Transportation Administration (FTA) Grant Program 5309 money to fund 80% of the
Metrolink Video Surveillance System Deployment Program with 20% match from the Commuter Urban
Rail Endowment (CURE) money; and
WHEREAS, BOARD established a combined PROJECT budget of Seven Hundred Fifty
Thousand Dollars ($750,000.00) utilizing Six Hundred Thousand Dollars ($600,000.00) of FTA
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AGREEMENT NO. C-9-0560
1 Grant Program 5309 funds and One Hundred, Fifty Thousand Dollars ($150,000.00) of CURE funds.
2 WHEREAS, AUTHORITY will serve as the lead agency for the design and construction phase
3 ofthe PROJECT; and
4 WHEREAS, Closed Circuit Television (CCTV) cameras will be installed throughout the SARTC,
5 and conduit and cabling from the cameras will be routed to the SARTC existing Equipment Room; and
6 WHEREAS, this Cooperative Agreement (hereinafter referred to as "AGREEMENT") defines
7 the specific terms, conditions, funding, and roles and responsibilities between the AUTHORITY and
8 CITY only as they relate to the PROJECT; and
9 WHEREAS, the AUTHORITY's Board of Directors approved this Agreement on September 28,
10 2009.
11 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
12 follows:
13 ARTICLE 1. COMPLETE AGREEMENT
14 A. This Agreement, including all exhibits and documents incorporated herein and made
15 applicable by reference, constitute the complete and exclusive statement of the term(s) and condition(s)
16 of this Agreement between AUTHORITY and CITY and supersedes all prior representations,
17 understandings and communications. The invalidity in whole or part of any term or condition of this
18 Agreement shall not affect the validity of other term(s) and condition(s) of this Agreement. The above-
19 referenced Recitals are true and correct and are incorporated by reference herein.
20 B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any term(s) or
21 condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's
22 right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation
23 in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall
24 not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized
25 representative of AUTHORITY by way of a written amendment to this Agreement and issued in
26 accordance with the provisions of this Agreement.
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AGREEMENT NO. C-9-oS60
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C. CITY's failure to insist on any instanoe(s) of AUTHORITY's performance of any term(s) or
condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to
such performance or to future performance of such term(s) or condition(s), and AUTHORITY's
obligation in respect thereto shall continue in full force and effect. Changes to any portion of this
Agreement shall not be binding upon CITY except when
specifically confirmed in writing by an authorized representative of CITY by way of a written amendment
to this Agreement and issued in accordance with the provisions of this Agreement.
ARTICLE 2. RESPONSIBILITIES OF THE CITY
CITY agrees to the following additional responsibilities for PROJECT:
A. Identify approvals and permits required by CITY, third party public agencies or private
sector entities, including utilities; and secure such approvals and permits for construction of PROJECT
at no cost to the AUTHORITY.
B. Issue necessary permits for the implementation of PROJECT at no charge to
AUTHORITY's contractor.
C. Perform technical reviews, including required CITY departmental reviews and
commentary, during project development and construction, including design criteria and basis-of-design
documents, plans, specifications, and related construction documents, and related construction
documents in a timely manner of not more then four weeks for each submittal.
D.
Provide AUTHORITY opportunities to review, comment on, and/or approve studies,
20 reports, plans, specifications, third party agreements, and other documents related to PROJECT
21 developments, which are in CITY's possession and/or which have been provided to CITY for review, to
22 the extent that such documents or third party agreements may obligate AUTHORITY, prior to
23 document's acceptance by CITY.
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E.
Any betterment or enhancements outside the scope of work, if agreed to by both CITY
25 and AUTHORITY will be paid 100% by CITY.
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AGREEMENT NO. C-9-0560
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F. Coordinate with AUTHORITY during the procurement for design/build consultant
services for PROJECT, allowing for CITY support and input in the evaluation and selection of the
design/build contractor.
G. Provide, at AUTHORITY cost, plan check and inspection services during design
and construction of the PROJECT.
H. Invoice AUTHORITY for plan check and inspection services on a monthly basis,
showing all appropriate documentation of CITY's time.
I. Upon completion of installation, inspection, and acceptance by AUTHORITY and CITY,
assume responsibility of the VSS for operation and maintenance.
ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
AUTHORITY agrees to the following additional responsibilities for PROJECT:
A. Lead the implementation and procurement for design and construction services for
PROJECT.
B. Identify and secure funding sources, and administer funding during all phases of
PROJECT up to a maximum cumulative payment obligation amount of Seven Hundred Fifty Thousand
Dollars ($750,000).
C. Complete PROJECT per scope of work summarized in Exhibit 1 and in accordance with
PROJECT schedule and allocated funding, as outlined in Exhibits 2 and 3 to this Agreement.
D. Provide funding for design and construction phases of PROJECT up to a maximum
cumulative payment obligation amount of Seven Hundred Fifty Thousand Dollars 750,000.00).
E. Provide guidance and oversight of the M1 and federal funds in compliance with Measure
M eligibility guidelines and Federal Transit Administration (FTA) funding requirements.
F. Coordinate with CITY during the procurement for design-build consultant services for
PROJECT, allowing for CITY support and input in the evaluation and selection of the design/build
contractor.
G. Comply with all federal and state third party contracting laws and regulations.
Page 4 of 8
AGREEMENT NO. C-9-0S60
1 H. Perform project management and project administration.
2 I. Coordinate and assist the activities Irelated to the securing of approvals and permits
3 required by CITY, third party public agencies or private sector entities, including utilities for the
4 construction of PROJECT.
5 J. Coordinate facilities operations, maintenance plans, facility security plans, public safety,
6 and policing and emergency preparedness plans during project construction.
7 K. Prepare construction contract documents, award construction contract, and conduct
8 construction administration and construction management.
9 L. Remit to CITY, within thirty (30) days of receipt of an invoice with all back up
10 documentation, reimbursement of plan check and inspection services, during PROJECT.
11 M. Plan check and inspection services prefonmed by CITY and paid by
12 AUTHORITY will be a not to exceed amount of ten (10%) percent of construction costs and will
13 be included in the maximum cumulative payment obligation amount of Seven Hundred Fifty
14 Thousand Dollars ($750,000).
15 N. Perform PROJECT closeout activities, including walk-through, punch list, as-built
16 records, final payment accounting, etc.
17 ARTICLE 4. IT IS MUTUALLY UNDERSTOOD AND AGREED
18 All parties agree to the following mutual responsibilities:
19 A. This Agreement shall continue in full force and effect through March 31,2011.
20 B. This Agreement may be amended in writing at any time by the mutual consent of both
21 parties. No amendment shall have any force or effect unless executed in writing by both parties.
22 C. AUTHORITY and CITY will jointly participate in progress, coordination and additional
23 team meetings as needed to implement the PROJECT.
24 D. The persons executing this Agreement on behalf of the parties hereto warrant that they
25 are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this
26 Agreement, the parties hereto are formally bound to the provisions of this Agreement.
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AGREEMENT NO. C-9-0560
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E. All notices hereunder and communications regarding the interpretation of the terms of
this Agreement, or changes thereto, shall be effected by delivery of said notices in
person or by depositing said notices in the U.S. mail, registered, or certified mail and addressed as
follows:
o CITY: To AUTHORITY:
City of Santa Ana Orange County Transportation Authority
20 Civic Center Plaza, M-21 550 South Main Street
Santa Ana, CA 92702 P. O. Box 14184
Orange, CA 92863-1584
II,ttention: Ms. Souri Amirani Attention: John Mathis, Senior Contracts
Deputy City Engineer Administrator
Department of Public Works CC: Darrell Johnson
Executive Director, Rail Programs
Tele 714/647-5640; ele 714/560-5478; Fax 714/562-5792
Public Works Information: (714) 647-5690
email: samirani@santa-ana.org email: Jmathis@octa.net
F. The headings of all sections of this Agreement are inserted solely for the convenience of
reference and are not part of and not intended to govern, limit, or aid in the construction or interpretation
of any terms or provision thereof.
G. The provision of this Agreement shall bind and inure to the benefit of each of the parties
hereto and all successors or assigns of the parties hereto. If any term, provision, covenant, or condition
of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of
competent jurisdiction, the remainder to this Agreement shall not be affected thereby, and each term,
provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
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AGREEMENT NO. C-9-0560
1 H. This Agreement may be executed and delivered in any number of counterparts, each of
2 which, when executed and delivered shall be deemed an original and all of which together shall
3 constitute the same agreement. Facsimile signatures will be permitted.
4 I. Neither this Agreement, nor any of a Party's rights, obligations, duties, or authority
5 hereunder may be assigned in whole or in part by either Party without the prior written consent of the
6 other Party. Any such attempt of assignment shall be deemed void and of no force and effect. Consent
7 to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any
8 right to consent to such subsequent assignment.
9 J. Either party shall be excused from performing its obligations under this Agreement
10 during the time and to the extent that it is prevented from performing by an unforeseeable cause
11 beyond its control, including but not limited to: any incidence of fire, flood, acts of God, commandeering
12 of material, products, plants or facilities by the federal, state or local government, national fuel shortage,
13 or a material act or omission by the other party, when satisfactory evidence of such cause is presented
14 to the other party, and provided further that such nonperformance is unforeseeable, beyond the control
15 and is not due to the fault or negligence of the party not performing.
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AGREEMENT NO. C-9-0560
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This AGREEMENT shall be effective upon execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
3 No. C-9-0560 to be executed on the date first above written.
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::TYOF{2Aa
David N. Ream
ORANGE COUNTY TRANSPORTATION
AUTHORITY
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By:
Will Kempton
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1 0 ATTEST:
City Manager
Chief Executive Officer
APPROVED AS TO FORM:
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12 By: vf7}~~ JO ,/4',5"('/
13 Maria D. Huizar
14 City Clerk
15 APPROVED AS TO FORM:
General Counsel
APPROVAL RECOMMENDED:
By:;ilAA~Aoo'7
Joseph Fletcher
By:
Darrell Johnson, Executive Director
City Attorney
Rail Programs
Dated:
Dated:
Page 8 of 8
COOPERATIVE AGREEMENT NO. C-9-0560
Exhibit 1:
Scope of Work Summary
The Orange County Transportation Authority (aCTA) will be installing a Video Surveillance
System (VSS) at the Santa Ana Regional Transportation Center (SARTC), located at 1000
East Santa Ana Boulevard, Santa Ana, CA 92701. The nearest cross street/intersection to the
property is North Santiago Avenue and East Santa Ana Boulevard, which is west of Interstate
5, also known as the Santa Ana Freeway.
The site contains two pedestrian bridges, lighted surface parking lots, a combined lighted
three-level covered parking garage, several stair wells and elevators, three story 47,000 sq ft
station building, station platforms, several covered veranda areas on the exterior of the main
building and two bus depot areas. The VSS will provide cameras throughout the facility to
provide video coverage of critical areas as deemed necessary by the City of Santa Ana and
the Santa Ana Police Department. The cameras will connect to a recording devise in an
existing equipment room for storage and retrieval purposes. After installation is completed,
inspected, and accepted by aCTA and the City of Santa Ana, the VSS will be turned over to
the City for operation and maintenance. Inspection and plan check fees due to the City for this
project will be paid by the contractor and funded by aCTA.
COOPERATIVE AGREEMENT NO. C-9-0560
Exhibit 2:
Approved Project Budget
Fiscal Year
Station/Description Amount
Allocated
Santa Ana VSS
.,....._...."."..u._..._.__.........___' _..._._._,___._....._._._._._.,.,'_.___._.e._._'_._._.~.e__._._,.._.._____..____._._._'_.,..~._._._._._._'______... .,..._."._......u....__..__............_._
..........___.."'.'.'.'.' __...........,.._._._..."....,._.__._...........__._.'_m_.._._.__.__...
Commuter Urban Rail Endowment $150,000 2009/10
Federal 5309 $600,000 Various
Total $750,000
COOPERATIVE AGREEMENT NO. C-9-0560
Exhibit 3:
Approved Project Schedule
Final Concept of Operations Approved by OCTA and
March 26, 2009
City of Santa Ana
Draft Cooperative Agreement to Santa Ana for review
April 9, 2009
and comment
April 21, 2009 Site Visit by Technical Specialists
August/September 2009 RFP Selection Process
Early October 2009 Notice to Proceed for selected contractor
Expected completion of construction / Final Punch
February/March 2010
List
Note: Deadlines are approximate and subject to change