HomeMy WebLinkAboutA-2004-196
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A-2004-196
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COOPERATIVE AGREEMENT C-4-0855
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BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
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AND
CITY OF SANTA ANA
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THIS AGREEMENT, is made and entered into on this 1,. ,7Lday o~ 2004, by and
between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184,
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Orange, California 92863-1584, a public corporation of the State of California (herein referred to as
"AUTHORITY") and the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, a
charter city and municipal corporation (herein referred to as "CITY").
RECITALS:
WHEREAS, AUTHORITY, in cooperation and partnership with California Department of
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Transportation (Caltrans), is proposing to implement capacity and operational improvements on
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State Route. 22 (SR-22) between State Route 55 (SR-55) in Orange and Interstate 405 (1-405) in
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Westminster and Garden Grove, using the design-build method.
The improvements consist of
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widening SR-22 to provide a High Occupancy Vehicle (HOV) lane in each direction, and an auxiliary
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lane in each direction between Beach Boulevard and Interstate 5, interchange improvements,
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soundwalls, and landscaping (herein referred to as "PROJECT').
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WHEREAS, the parties hereto entered into a Memorandum of Understanding (MOU) in April
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2003. Said MOU defined the general terms and conditions for final design and construction of
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PROJECT.
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WHEREAS, this Cooperative Agreement defines the specific terms, conditions, and funding
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responsibilities between the AUTHORITY and CITY for completion of final design and construction
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for PROJECT.
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AGREEMENT NO. C-4-0855
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NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
follows:
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COMPLETE AGREEMENT
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This Agreement, including all attachments incorporated herein and made applicable by
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reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of the
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agreement between AUTHORITY and CITY and it supersedes all prior representations,
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understandings and communications. The invalidity in whole or in part of any term or condition of
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the Agreement shall not affect the validity of other term(s) or condition(s).
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2.
RESPONSIBILITIES OF AUTHORITY
AUTHORITY agrees to the following responsibilities for PROJECT:
A.
To provide staff to manage, administer, coordinate, and oversee final engineering
design and construction of PROJECT.
B.
C.
To be responsible for right of way acquisition and certification for PROJECT.
To monitor the activities of all parties to ensure that all parties comply with the
approved PROJECT schedule, quality, and budget goals.
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To require the design-build contractor to obtain permits and receive approval for
design and construction from CITY for any work done within CITY jurisdiction.
Design and
construction work within CITY jurisdiction shall conform to applicable CITY standards.
E.
To coordinate development of PROJECT with CITY and hold regular Technical Steering
Committee and City Liaison Committee, traffic management, public relations, and various other project
meetings to brief CITY on PROJECT status, to solicit their input, and to provide a forum to discuss and
resolve project and local agency issues.
F.
To prepare a Traffic Management Plan (TMP) for CITY review that addresses, to the
extent practicable, construction-related impacts to existing CITY street traffic. The TMP will include
normal traffic handling requirements during PROJECT construction including staging, lane closures,
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AGREEMENT NO. C-4-0855
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detours, and signalization and will specify requirements for communicating with the public and local
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agencies during construction.
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To implement a Public Awareness Campaign (PAC) during PROJECT construction that
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advises CITY, local businesses, residents, elected officials, motorists, and media of construction status,
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street detours, and ramp and freeway closures.
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H.
To reimburse CITY for actual costs, within 30 days of receipt of acceptable invoice, for
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providing traffic engineering services (including staff overhead) and any modifications to streets,
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intersections, signals, etc. required to address traffic impacts during construction in an amount not to
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exceed One Hundred Thousand Dollars ($100,000.00). This amount will not be exceeded without
the prior written approval of AUTHORITY.
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To reimburse CITY for actual costs, within 30 days of receipt of acceptable invoice,
including staff overhead, for providing police services for traffic management in an amount not to
exceed Fifty Thousand Dollars ($50,000.00). Police service costs will not exceed this amount without
the prior written approval of AUTHORITY. The hourly rate for police services will be $69.000 per hour
per officer or $85.00 per hour for sergeant with a four hour minimum.
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RESPONSIBILITIES OF CITY
CITY agrees to the following responsibilities for PROJECT:
A.
To collaborate and cooperate with AUTHORITY staff, its consultants, and contractors
during design and construction of PROJECT, including CITY staff participation In PROJECT partnering
program.
B.
To make reasonable efforts to turnaround design reviews and issue permits for work
done in CITY jurisdiction and not cause delay to the design-build process and contract schedule.
CITY recognizes that design reviews will be done on a partial basis before final plans are completed
to accommodate the design-build process. Inspections shall be done within two business days from
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AGREEMENT NO. C-4-0855
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notice to CITY. CITY may charge the design-build contractor for permits and usual and customary
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costs attributable to CITY design review and inspection.
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C.
To cooperate with AUTHORITY for the relocation, protection, and construction of
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utilities within CITY, including any utilities that are the subject of franchise a agreement.
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D.
To waive any moratorium on the excavation and trenching work on CITY streets that
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have been recently resurfaced where such excavation or trenching are necessary for PROJECT.
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However, if a moratorium exists, AUTHORITY's design-build contractor shall adhere to CITY's
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Engineer requirements for the removal and replacement of pavement and to pay a trench cut fee
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per Santa Ana Municipal Code.
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Upon completion and acceptance of work done within CITY jurisdiction, the
improvements will be turned over to CITY. CITY will not withhold its acceptance of work due to any
unreasonable requirements.
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CITY to provide traffic engineering and police services as requested by AUTHORITY.
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To submit monthly invoices to AUTHORITY for actual costs incurred by CITY for traffic
engineering and police services and any modifications to city streets, intersections, signals, etc. to
address traffic impacts during PROJECT construction. Any costs in excess of the amounts specified
herein shall not be incurred without a written amendment to this Agreement. CITY shall submit final
invoice no later than ninety (90) days after final acceptance of PROJECT. Invoices shall be submitted
in duplicate to AUTHORITY's Program Manager.
Each invoice shall reference this Agreement
number; specify the work for which payment is being requested, the time period covered by the invoice,
the amount of payment requested, staff name and hourly rate if appropriate and support
documentation for all expenses invoiced.
H.
To attend and participate in PROJECT Technical Steering Committee, City Liaison
Committee, Aesthetics, traffic engineering, and squad/task force meetings related to design and
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AGREEMENT NO. C-4-0855
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construction issues involving CITY streets and right of way and PROJECT landscape and
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hardscape treatments.
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IT IS MUTUALLY UNDERSTOOD AND AGREED
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Both parties agree to the following mutual responsibilities and understandings regarding
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PROJECT.
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A. That if PROJECT is not awarded, this Agreement is null and void.
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B. AUTHORITY and CITY shall comply with all applicable regulations, policies and procedures
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for the PROJECT.
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C. Neither AUTHORITY nor any officer or employee thereof shall be responsible for any
damage or liability occurring because of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also
understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify,
defend, and hold AUTHORITY, its officers, employees and agents 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 CITY under or in connection with any work, authority or jurisdiction delegated to
CITY under this Agreement.
D. No CITY officer or employee thereof shall be responsible for any damage or liability
occurring because of anything done or omitted to be done by AUTHORITY under or in connection with
any work, authority or jurisdiction not delegated to CITY under this Agreement. It is also understood and
agreed that pursuant to Government Code Section 895.4, AUTHORITY shall fully indemnify, defend,
and hold CITY, its officers, employees and agents 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 AUTHORITY or in connection with any work, authority or jurisdiction not delegated to CITY
under this Agreement.
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AGREEMENT NO. C-4-0855
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E. Notification and mailing address:
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Any notices, requests, or demands made between the parties pursuant to this Agreement
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are to be directed as follows:
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To CITY: To AUTHORITY:
City of Santa Ana Orange County Transportation Authority
20 Civic Center Plaza, M-21 550 South Main Street
P. O. Box 1988 P.O. Box 14184
Santa Ana, CA 92702 Orange, CA 92863-1584
Attention: George Alvarez, City Engineer, Attention: Kathleen E. Perez, Section Manager
Public Works DeDartment
(714) 647-5659, galvarez@ci.santa- (714) 560-5743, kperez@octa.net
ana.ca.us
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F. This Agreement shall continue in full force and effect through final acceptance of PROJECT
by AUTHORITY, or until December 31,2007 whichever is later. This Agreement may be extended
at the mutual consent of both parties.
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AGREEMENT NO. C-4-0855
E. Notification and mailing address:
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Any notices, requests, or demands made between the parties pursuant to this Agreement
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are to be directed as follows:
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To CITY: To AUTHORITY:
City of Santa Ana Orange County Transportation Authority
20 Civic Center Plaza, M-21 550 South Main Street
P. O. Box 1988 P.O. Box 14184
Santa Ana, CA 92702 Orange, CA 92863-1584
Attention: George Alvarez, City Engineer, Attention: Kathleen E. Perez, Section Manager
Public Works Department
(714) 647-5659, galvarez@ci.santa- (714) 560-5743, kperez@octa.net
ana.ca.us
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F. This Agreement shall continue in full force and effect through final acceptance of PROJECT
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by AUTHORITY, or until December 31, 2007 whichever is later. This Agreement may be extended
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at the mutual consent of both parties.
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AGREEMENT NO. C.4-0855
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-4-0855 to be
executed on the date first written above.
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CITY OF SAtoIT:;t?
By: (~,/ Z~
David N. Ream
City Manager
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ATTEST:
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Patricia E. Healy
City Clerk
APPROVED AS TO FORM:
By:
Dated:
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ORANGE COUNTY TRANSPORTATION AUTHORITY
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By: Ul1:{t, I. f
Arthur T. Leahy ,
Chief Executive Officer
APPROVED AS TO FORM
By:
Kennard R. Smart, Jr.
General Counsel
ley G. Phernambucq
Executive Director-Construction and Engineering
Dated:ß cgel O,jG-
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