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Home My WebLink AboutFOUNTAIN VALLEY, CITY OF 3City of Santa Ana Clerk of the Council AGREEMENT TERMINATION I 1� rm c Please complete this form when the attached agreement is no longer in effect Return form to the Clerk of the Council Office (M-30). Call 647-5237 if you have any questions- :_ - The agreementwith City of Fountain No. A-2007-028 was completed on 2008 and final payment has been made. Department Design Engineering Phone/Ext.: 5665 Mindy LySignature: _ Date: 0311112010 stfsedo7--23,07 INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: 3 - ice} C`/ (UVJ 1 i) AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CITY OF FOUNTAIN VALLEY FOR REHABILITATION OF EDINGER AVENUE FROM EUCLID TO NEWHOPE A-2007-028 This Agreement ("Agreement"), made and entered into this 21 s t day of November 2006, by and between the CITY OF FOUNTAIN VALLEY, a municipal corporation ("FOUNTAIN VALLEY"), and the CITY OF SANTA ANA, a charter city and municipal corporation ("SANTA ANA"). RECITALS: A. FOUNTAIN VALLEY and SANTA ANA desire to enter into an agreement to rehabilitate Edinger Avenue per the plans and specifications prepared by Harris & Associates ("the PROJECT"). The PROJECT consists of pavement rehabilitation, buspad construction, curb ramp construction, various other concrete improvements as needed, and re -striping of the street. B. The PROJECT lies partly within the corporate and jurisdictional limits of SANTA ANA and partly within the corporate and jurisdictional limits of FOUNTAIN VALLEY. 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 $473,176 from THE ARTERIAL HIGHWAYS REHABILITATION PROGRAM (AHRP). In addition, the cities must provide $473,176 of local funds for the project. The funding breakdown is shown in Exhibit "A". The total PROJECT cost is estimated at $1,044,182. NOW, THEREFORE, the parties agree as follows: 1. SANTA ANA Rights and Duties: a. SANTA ANA shall be the lead agency for preparing the Construction Documents. b. SANTA ANA shall notify FOUNTAIN VALLEY in writing of any changes, increased costs, and meetings associated with SANTA ANA's lead agency responsibilities for the PROJECT. 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 FOUNTAIN VALLEY. For any consultant contract on the PROJECT entered into after the date of this "Agreement', SANTA ANA shall also cause FOUNTAIN VALLEY 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 FOUNTAIN VALLEY 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 FOUNTAIN VALLEY as to the official advertising dates, bid opening date, and construction start date, and request FOUNTAIN VALLEY to attend all pertinent meetings, i.e. pre-bid, pre - construction, site, and final walk through. BANTA ANA shall provide FOUNTAIN VALLEY final Record Drawings for the PROJECT within 120 days of the completion and acceptance of construction. 2. FOUNTAIN VALLEY Riehts and Duties: a. Change orders for work within FOUNTAIN VALLEY must receive the written approval of the Director of the Public Works Agency of FOUNTAIN VALLEY prior to implementation, which approval shall not be unreasonably withheld. FOUNTAIN VALLEY shall have oversight inspection review within FOUNTAIN VALLEY jurisdictional boundaries and shall be notified of the progress of the PROJECT for such purposes. FOUNTAIN VALLEY 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. 4 b. FOUNTAIN VALLEY 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 FOUNTAIN VALLEY. c. FOUNTAIN VALLEY 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. FOUNTAIN VALLEY 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. 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 FOUNTAIN VALLEY shall be solely responsible for obtaining the additional funding for the increased costs occurring within the jurisdictional boundary of FOUNTAIN VALLEY. b. Mutual Indemnity Provision i. 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. ii. 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 FOUNTAIN VALLEY under or in connection with any work, authority, or duties delegated to FOUNTAIN VALLEY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, FOUNTAIN VALLEY 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 be done by FOUNTAIN VALLEY under or in connection with any work, authority, or duties delegated to FOUNTAIN VALLEY under this Agreement. iii. That neither FOUNTAIN VALLEY 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 08qcud urlelD aaluuiSgnS DdW9 90 A3 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 FOUNTAIN VALLEY 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. Notice: Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: and, and, and, To City: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702-1988 Telefacsimile (714) 647-5622 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 Attn: Mark Lewis Telefacsimile (714)593-4554 City Attorney, Alan Burns City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 13 Telefacsimile (714) 593-4494 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and. transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, FOUNTAIN VALLEY 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 FOUNTAIN VALLEY City Council and the SANTA ANA City Council, respectively. CITY OF SANTA ANA, a municipal corporation of the State of California B: David N. Ream City Manager A Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: x Joseph W. Fletcher City Attorney, Santa Ana FOR APPROVAL: G. Ross — ive Director Works Agency CITY OF FOUNTAIN VALLEY, a municipal corporation of the State of California CherylOBrothers Mayor ATTEST: eryllZ"a(/YC-IC. c e -c �GC S Sc ioede€ Interim Clerk of the Council AP=4e- TO FORM: (SCM Alan Burns City Attorney, Fountain Valley APPROVED AS TO CONTENT: Va dH.Kromer nager RECOMMENDED FOR APPROVAL: Director of Public Works/ City Engineer Exhibit A Project 06-1714 Edinger Avenue Rehabilitation Funding Analysis FUNDING oLai runuiny Cost Breakdown per City $946,352 Construction Engineering based on funding amount, not actual bid amounts. *' Percentage based on estimated construction costs. '*" Amounts may change based on actual bid prices. ORIGINAL Date ITEM FUND BUDGET Received Design AHRP $53,958 01/25/06 Design Local Match $53,958 June 2005 Construction AHRP $419,218 07/16/06 Construction Local Match 1 $419,218 June 2005 oLai runuiny Cost Breakdown per City $946,352 Construction Engineering based on funding amount, not actual bid amounts. *' Percentage based on estimated construction costs. '*" Amounts may change based on actual bid prices.