25F - ACQUISITION OF RIGHT OF WAY DYER AND REDHILL

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AGREEMENT BETWEEN CITY OF SANTA ANA AND CITY OF IRVINE FOR THE DYER ROAD/BARRANCA PARKWAY/RED HILL AVENUE INTERSECTION IMPROVEMENT PROJECT THIS DESIGN AND CONSTRUCTION AGREEMENT ("Agreement"), is made and entered into this day of , 2009, by and between the CITY OF SANTA ANA, a California charter city ("Santa Ana"), and the CITY OF IRVINE, a California charter city ("Irvine"). In this Agreement, Santa Ana and Irvine may each be individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS: WHEREAS, Irvine has initiated and is proceeding with the Dyer Road/Barranca Parkway/Red Hill Avenue Intersection Improvement Project ("Project"), which includes the design and construction of additional through lanes in each direction along Dyer Road/Barranca Parkway and Red Hill Avenue, the addition of eastbound and westbound left-turn lanes on Barranca Parkway, and the addition of a westbound dedicated right-turn lane on Barranca Parkway and Red Hill Avenue; and WHEREAS, the Project involves Santa Ana and Irvine because the common city boundary line exists through the intersection of the Project; and WHEREAS, some of the Project includes work within Santa Ana; NOW, THEREFORE, based upon the foregoing Recitals, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by all Parties, the Parties agree as follows: 1. In accordance with the existing Agreement dated November 24, 1992 and Letter of Understanding dated January 6, 2006 between Santa Ana and Irvine, Irvine will act as lead agency for the design and construction phases of the Project. Irvine is responsible for funding the Project within the Santa Ana and Irvine city limits. Pursuant to the agreement, Irvine is responsible for "Total Cost" of the project. Total Cost includes the design, design administration, materials testing, site construction survey, inspection, construction engineering, construction management, as well as construction for the entire Project at no cost to Santa Ana. 2. Santa Ana will review, approve and sign the final design drawings for the improvements within the City limits of Santa Ana prior to bid advertisement. 3. Santa Ana will issue a no fee permit and inspect the improvements for general conformity to the plans and city standards within Santa Ana. 4. Santa Ana will coordinate the relocation of all affected utility company facilities within the City limits of Santa Ana in a timely manner. 25F-49