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Home My WebLink AboutORANGE, CITY OF - 2006City of Santa Ana - Clerk of tha Council AGREEMENT TERMINATION Please complete this form when the attached spreement is no longer in effect. Retum form to the Clerk of the Council Office (M-30). Call647-5237 if you have any questions. - ---------------------------- ------- Theagreement with The CRy of Orange and the City of Sand Ana "BriatoULa Veta Lighting at 15 Freeway^ No. A-2006-070 was completed on 12/13!2006 and final payment has been made. !)apartment: PWA-Design Engineering Phone/Ext.: X5864 Jason Gabriel t -- Signature: Rafe: 07/09/2009 ReWeetl 07.23-07 .' /1,'(', ~"'!f,?C (~ lilSURPlWc NOT REQUIRED WORK r'.1W PPQCEEO CLERK OF COUNCIL DATE: ({-II-Die 0: (\JJA (.;2.) ((. P.eY'~L) A-2006-070 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CITY OF ORANGE FOR CONSTRUCTION AND MAINTENANCE OF BRISTOL/LA VETA STREET LIGHTING AT THE 1-5 FREEWAY This Agreement ("Agreement"), made and entered into this day of , 2005, by and between the CITY OF ORANGE, a municipal corporation ("ORANGE"), and the CITY OF SANTA ANA, a charter city and municipal corporation ("SANTA ANA"). RECITALS: A ORANGE and SANTA ANA desire to enter into an agreement to install and maintain street lighting on the Bristol/La Veta Bridge at the 1-5 Freeway per the plans and specifications prepared by DMJM / Harris ("the PROJECT"). The PROJECT consists of twenty-six (26) new street light poles (13 in SANTA ANA and 13 in ORANGE) and lighting for the Bridge. B. The PROJECT lies partly within the corporate and jurisdictional limits of SANTA ANA and partly within the corporate and jurisdictional limits of ORANGE. C. The parties hereto desire to each provide for the PROJECT, including the preparation of plans, specifications, and related cost estimates for construction (collectively "the Construction Documents"); materials testing; site survey; construction engineering; construction management; construction and maintenance. D. The parties desire for SANTA ANA to be responsible for preparing the Construction Documents and materials testing, site construction survey, construction engineering, construction management, and construction for the entire PROJECT. E. The PROJECT has received the funding in the amount of $258,000 from SANTA ANNORANGE TSIA Board, as listed in Exhibit A, while the total PROJECT cost is estimated at $258,000. NOW, THEREFORE, the parties agree as follows: I. SANTA ANA Rights and Duties: a. SANTA ANA shall be the lead agency for prepanng the Construction Documents. b, SANTA ANA shall notify ORANGE in writing of any changes, increased costs, and meetings associated with SANTA ANA's lead agency responsibilities for the PROJECT. 1 c. SANTA ANA shall be the lead agency for materials testing, site construction survey, construction engineering, construction management, and construction for the PROJECT; and is authorized to hire and confer with all consulting engineers and contractors relative to the materials testing, site construction survey, construction engineering, construction management, and construction for the total PROJECT in accordance with standard construction practices. d. SANTA ANA shall have the exclusive right of approval of all plans, specifications and cost estimates prepared by consultants for the portion of the PROJECT within the jurisdictional boundaries of SANTA ANA. e. All progress payments for the PROJECT shall be reviewed by SANTA ANA. All work within SANTA ANA shall be per Santa Ana standard plans. f. SANTA ANA shall cause all hired consultants on the PROJECT to obtain general liability and motor vehicle liability insurance in amounts satisfactory to ORANGE. For any consultant contract on the PROJECT entered into after the date of this "Agreement", SANTA ANA shall also cause ORANGE to be named as additionally insured on insurance certificates and separate endorsements for all consultant contracts related to the PROJECT. Copies of such certificates and endorsements shall be provided to ORANGE prior to consultants proceeding with work on the PROJECT. g. SANTA ANA shall advertise and award all contracts for the PROJECT in accordance with federal, state and local laws. h. SANTA ANA shall, in advance, notify ORANGE as to the official advertising dates, bid opening date, and construction start date, and request ORANGE to attend all pertinent meetings, i.e. pre-bid, pre-construction, site, and final walk through. 1. SANTA ANA shall provide ORANGE final Record Drawings for the PROJECT within 120 days of the completion and acceptance of construction. 2. ORANGE Rights and Duties: a. Change orders for work within ORANGE must receive the written approval of the Executive Director of the Public Works Agency of ORANGE prior to implementation, which approval shall not be unreasonably withheld. ORANGE shall have oversight inspection review within ORANGE jurisdictional boundaries and shall be notified of the progress of the PROJECT for such purposes. ORANGE shall also have the right to enter and inspect within SANTA ANA boundaries at all times for the purposes of overseeing SANTA ANA lead agency functions. b. ORANGE shall have the exclusive right of approval of all plans, specifications and cost estimates prepared by consultants for the portion of the PROJECT within the jurisdictional boundaries of ORANGE. 2 c. ORANGE shall cause all hired consultants and contractors on the PROJECT to obtain general liability and motor vehicle liability insurance in amounts satisfactory to SANTA ANA. ORANGE shall also cause SANTA ANA to be named as additionally insured on insurance certificates and separate endorsements for all contracts related to the PROJECT. Copies of such certificates and endorsements shall be provided to SANTA ANA prior to construction or work by consultants. d. ORANGE will be the lead agency for maintenance and operation of the PROJECT. SANTA ANA and ORANGE will share the maintenance operation costs equally. 3. Joint Rights and Duties: a. In the event that expended costs for the PROJECT exceed funds listed in Exhibit "A", SANTA ANA shall be solely responsible for obtaining the additional funding for the increased costs occurring within the jurisdictional boundary of SANTA ANA and ORANGE shall be solely responsible for obtaining the additional funding for the increased costs occurring within the jurisdictional boundary of ORANGE. b. ORANGE and SANTA ANA shall share the cost of maintenance and operation evenly for maintenance and operation of the work done under this PROJECT. ORANGE shall bill SANTA ANA semi-annually. c. Mutual Indemnity Provision: 1. Upon completion of the PROJECT, ORANGE shall accept maintenance responsibility for the PROJECT within SANTA ANA jurisdictional limits, and within ORANGE jurisdictional limits. 11. Pursuant to Section 8546.7 of the California Government Code, in the event that this Agreement involves expenditures of State funds aggregating in excess of Ten Thousand Dollars ($10,000), both parties shall be subject to the examination and audit of the Auditor General of the State of California for a period of three (3) years after final payment under this Agreement. 111. That neither SANTA ANA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ORANGE under or in connection with any work, authority, or duties delegated to ORANGE under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, ORANGE shall fully indemnify, defend, and hold SANTA ANA harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to 3 be done by ORANGE under or in connection with any work, authority, or duties delegated to ORANGE under this Agreement. IV. That neither ORANGE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANTA ANA under or in connection with any work, authority, or duties delegated to SANTA ANA under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, SANTA ANA shall fully indemnify, defend and hold ORANGE harmless form 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 SANTA ANA in connection with any work, authority, or duties delegated to SANTA ANA under this Agreement. 4 IN WITNESS WHEREOF, ORANGE has caused this Agreement to be executed by its Mayor and attested by its Clerk, and SANTA ANA caused this Agreement to be executed by its City Manager and attested by its Clerk, as duly authorized by the ORANGE City Council and the SANTA ANA City Council, respectively. CITY OF SANTA ANA, a municipal corporation of the ::teofcaliUeffia. David N. Ream City Manager CITY OF ORANGE, a municipal corporation of the State of California 1",- Mark A. Murphy Mayor By: ~'dk -' - Patricia E. Healy Clerk of the Council ATTEST: / G'{" Ll~~~(: _L~_~ Mary E. Mllrphy- Clerk of the Council APPROVED AS TO FORM ~.~~ ~ Joseph W. Fletcher City Attorney OVAL: Ja es G. Ross xecutive Director Public Works Agency .' . . . Exhibit A Project 2609 Bristol/La Veta Bridge Street Lights Funding Analysis FUNDING ORIGINAL Date ITEM FUND BUDGET Received Design TSIA $50,000 June 2000 Progress Payment TSIA $158,000 June 6, 2002 Additional Construction Costs TSIA $50,000 June 27, 2005 Total Funding $258,000