HomeMy WebLinkAboutORANGE, COUNTY OF (55)R676-510
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AGREE14ENT
THIS AGREEMENT, made and entered into this -day of
197�, , BY AND BETWEEN
CITY OF SANTA ANA
a municipal corporation hereinafter
designated as "CITY," and
COUNTY OF ORANGE
a political subdivision of the State of
California, hereinafter designated as
"COUNTY.'"
I WITNTESSET11-
WHEREAS, considerable traffic congestion existed at the
intersection of Seventeenth Street and Tustin Avenue; and
WHEREAS, traffic conditions of said intersection warranted
the modification and upgrading of existing traffic control signals
and highway intersection lighting to facilitate the safe and orderly
movement of traffic; and
. WHEREAS, CITY modified and upgraded said traffic control
signals and highway intersection lighting by installing a Type 90
controller, Type XXVI-D signal standards and protected left turn
vehicle phasing for Tustin Avenue; and
. WHEREAS, a portion of the intersection lies wholly within
unincorporated County territory; and
WHEREAS, CITY did salvage and return the existing Type III
signal standard and mast arms and the existing type "G" cabinets,
pedestals and bases within COUNTY jurisdiction; and
WHEREAS, COUNTY now offers to reimburse CITY for that portion
of the modification and upgrading of said traffic signal and highway
intersection lighting system lying in unincorporated County territory
hereinafter referred to as the "Project."
NOW,THEREFORE, IT IS AGREED by the parties hereto as follows:
I. CITY shall:
A. Execute and deliver all documents required in
connection with the construction and completion of
R676 -510
said Project, including Certificate of Cost and
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Certificate of Completion of Project.
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B. Maintain and operate said traffic signal and highway
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lighting system as defined by paragraph VI hereof.
II.
COUNTY shall:
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Reimburse the CITY for its actual share of the Project
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cost as defined by Section III with payment being made
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in the manner described in paragraph V. Said actual
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share is ��98.L)3, including engineering and
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inspection costs.
III.
COUNTY'S actual share of the cost for modification and
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upgrading of the existing traffic signal and intersection
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lighting is based on the contract lump sum bid price
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for said portion of the contract, and be in the ratio
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of the number of traffic legs of the intersection lying
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within the COUNTY to the total number of legs entering
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the intersection, as the COUNTY -CITY limits exist at
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the time the CITY advertises the contract for the
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Project. As of the date of this agreement, said COUNTY'S'
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actual share is one-fourth (1/4) of the lump sum bid
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price for the traffic signal and intersection lighting,
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based on the fact that one leg of the intersection
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presently lies within the COUNTY and three legs of the
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intersection lie within CITY area.
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IV.
COUNTY'S share of design, survey and construction
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engineering costs shall be the actual costs accrued
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to the COUNTY portion based on the percentage of the
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total contract unit costs billed to COUNTY.
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V.
CITY agrees to submit full, true and correct copies of
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documents, certificates and itemized bills to COUNTY,
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and COUNTY shall reimburse CITY within thirty (30) days
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R676-1510
1¢
upon submission of statement of such costs for the
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iCOUNTY portion of the construction as defined by
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paragraphs III and IV hereof.
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VI. It is mutually agreed by the parties hereto that:
A. The maintenance and operational costs for said
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b�.
traffic intersection lighting installation
signal and
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v shall be borne by the parties hereto in accordance
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with the terms of the traffic signal and highway
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lighting maintenance agreement No. 369-313.'
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B. That neither COUNTY nor an officer or employee thereof
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shall be responsible for any damage or liability s
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occurring by reason of anything done or omitted to be
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done by CITY under or in connection with any work,
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authority_or jurisdiction delegated to CITY under
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this agreement. It is also understood and agreed
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that, pursuant to Government Code Section 895.4, CITY
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shall fully indemnify and hold COUNTY harmless from
any liability imposed for injury (as defined by
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Government Code Section 810.8), occurring by reason }
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of anything done or omitted to be done by CITY under
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or in connection with any work, authority or
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jurisdiction delegated to CITY under this agreement.
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C. That neither CITY nor any officer or employee thereof
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shall be responsible for any damage or liability
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occurring by reason of anything done or omitted to
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be done by COUNTY under or in connection with any
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work, authority or jurisdiction not delegated to CITY
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under this agreement. It is also understood and
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agreed, that pursuant to Government Code Section
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n 895.4, COUNTY shall fully indemnify and hold CITY
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harmless from any liability imposed for injury (as
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R676-510
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defined by Government code Section 810.8), occurring
by reason of anything done or omitted to he done by
COUNTY under or in connection with any work, authority
or jurisdiction not delegated to CITY under this
agreement.
IN WITNESS WHEREOF, CITY has caused this agreement to he
executed by its mayor and attested by its Clerk, and COUNTY has
caused this agreement to be executed by the Chairman of its Board of
Supervisors and attested by its Clerk, all thereunto duly authorized
by minute order of the City Council and the Board of Supervisors,
respectively, on the date written opposite their signatures.
CITY OF SANTA ANA,
a municipal corporation
Dated 15 g-E32mme Eq=e1 19 -1 L By I,,
May
ATTEST.
. 71�4 . ... ..... .
KORENCE L MALONP
—47r,
cm -
Clerk of the Councii
COUNTY OF ORANGE,
a political subdivision of the State
of California
Dated: ✓By
Chairman, Board of Supervisors
ATTEST:
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\ L..."1 1 ._...,,. __ ti'e C C�
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JUNL AILLX/OLO,
Clerla of ihe Board of Si Jpervisors
of orange County, California
APPROVED AS 9.10 FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE I�Q TY A PN , C LIFORNIA