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Home My WebLink AboutIRVINE, CITY OF (3) -2009INSURANCE NnT ~'.=OUIREp A-2009-115 WORK Mn'Y ~',~~UCEEC~ CLERK OF CC~-DING AND IMPLEMENTATION AGREEMENT BETWEEN ~~ATF~ ~ ~, ~ -~ ~ CITY OF SANTA ANA AND CITY OF IRVINE REDHILL AVE. REHABILITATION PROJECT BETWEEN REYNOLDS AND DEERE THIS Cooperative Agreement ("Agreement"), is made and entered into this ~~day of u5~ 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 Red Hill Avenue Rehabilitation Project between Reynolds Avenue and Deere Avenue ("Project"), which includes cold milling, removal and replacment of Asphalt Concrete pavement, Asphalt Concrete and Asphalt Rubber Hot Mix pavement surface course overlay, adjusting valve covers and manhole covers to grade, removal and replacement of damaged concrete curb, gutter and sidewalk, modifying curb ramps, and other items not mentioned here but are required by the plans and the Special Provisions; and WHEREAS, the Project involves Santa Ana and Irvine because the common city boundary line exists within the southbound lanes of Red Hill Avenue between Alton Parkway and Deere Avenue as depicted on the Project plans; and WHEREAS, Irvine has applied for funding under the federal American Recovery and Reinvestment Act of 2009 ("ARRA") to undertake the Project; and WHEREAS, some of the Project includes work within Santa Ana, which work is included in Irvine's request for funding under ARRA; and WHEREAS, if Irvine does not receive funding under ARRA then it will not construct the Project and this Agreement will thereby be rendered null and void for all purposes; and WHEREAS, Santa Ana agrees that, despite the ARRA funding, it will reimburse Irvine for potential cost overruns associated with the actual construction within Santa Ana's City limits ("Improvements") of the Project ("Santa Ana's Reimbursement"), to the extent Santa Ana's Reimbursement (a) does not exceed $125,000.00 in total; (b) are reasonably expended by Irvine for improvements located within Santa Ana and on the cost items set forth in the cost estimate attached hereto as Exhibit "A" which is incorporated herein by this reference as though fully set forth, or any change order to Exhibit "A" subsequently approved in writing by Santa Ana; and (c) are incurred by Irvine in Fiscal Year 2009-2010 or Fiscal Year 2010-2011; 6223 NOW, THEREFORE, based upon the foregoing Recitals, which are incorporated as terms of this Agreement, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by all Parties, the Parties agree as follows: 1. Santa Ana shall transfer to Irvine responsibility and lead agency designation for preparing the construction documents and material testing, site construction survey, construction engineering, construction management, and construction of the Improvements, and such Improvements will be constructed by an independent contractor. 2. Notwithstanding the provisions of paragraph 1 of this Agreement, for improvements to be constructed within the City limits of Santa Ana, Santa Ana shall review and sign the final design drawings for the Improvements prior to bid advertisement, and shall review and approve in writing the contractor's construction bid prices prior to Irvine's award of a construction contract for the Improvements. Irvine and Santa Ana agree to reasonably cooperate in resolving any disputes over Improvement construction bid prices. 3. Should the Project receive ARRA funding, and should the cost of the Project exceed said ARRA funding, then Santa Ana will reimburse Irvine for Santa Ana's Reimbursement, to the extent Santa Ana Reimbursement (a) does not exceed $125,000.00 in total; (b) are reasonably expended by Irvine for Improvements within Santa Ana and on the cost items set forth in the cost estimate attached hereto as Exhibit "A" which is incorporated herein by this reference as though fully set forth, or any change order to Exhibit "A" subsequently approved in writing by Santa Ana; and (c) are incurred by Irvine in Fiscal Year 2009-2010 or Fiscal Year 2010-2011. Irvine shall submit two (2) invoices if it seeks Santa Ana Reimbursement. The first invoice will be submitted upon Project completion for 50% of actual eligible construction costs. This invoice shall be accompanied by a final project cost summary detailing Santa Ana Reimbursement activities performed on the project. The invoice shall be reviewed, approved, and signed by Irvine's authorized staff to certify that costs presented are true and accurate costs necessary for the construction of the Improvements. The final invoice will be submitted one (1) year after Project completion for the balance of eligible construction costs. Invoices shall provide details of the costs subject to Santa Ana's Reimbursement that were incurred during construction. Santa Ana shall notify Irvine of any disputed invoice items within seven (7) business days of receiving an invoice. Santa Ana and Irvine agree to reasonably cooperate in resolving any disputes over invoiced costs. Santa Ana's signature and approval pursuant to this paragraph 3 shall not be unreasonably withheld. Invoices shall be addressed and delivered to Santa Ana's designate as indicated in this Agreement. Unless a dispute over an invoice exists, reimbursements shall be paid within 30 calendar days after receipt of an invoice from Irvine, subject to Santa Ana's normal accounting practices. 4. Irvine shall furnish Santa Ana with a copy of any proposed change order to the construction contract within ten (10) working days of initiation of changed -2- conditions to such contract. Santa Ana shall promptly review and respond to proposed change order(s) within five (5) working days of receipt by Santa Ana. Santa Ana shall not unreasonably withhold written approval of any such change order. Santa Ana's payment rights and obligations for any change order shall otherwise be as provided in paragraph 3 above. 5. Santa Ana shall issue a no fee permit and provide inspection for the construction of the Improvements at no cost to Irvine. 6. Irvine and Santa Ana shall extend cooperation to each other during construction of the Improvements to facilitate timely completion of both the Improvements and the Project. 7. Irvine shall provide Santa Ana final record drawings for the project within 60 days of the completion and acceptance of construction. 8. Any controversy or claim arising out of this Agreement or alleged breach thereof shall first be resolved through voluntary mediation or as otherwise mutually agreed upon in writing by the City Manager of Irvine or designee and the City Manager of Santa Ana or designee. Said City Managers or their designees shall be the selected representatives of each Party to act on each respective Party's behalf with respect to this Agreement. 9. Irvine and Santa Ana shall indemnify each other, defend and hold each other's councilmembers, officers, officials, employees, agents, and representatives harmless from and against any and all actions, claims, demands, judgments, attorneys fees, costs, damage to persons or property, penalties, obligations, expenses or liabilities (collectively, "claims") that may be asserted or claimed by any person or entity arising out of, or in connection with, the construction of the Improvements, except to the extent such claims arise out of a Party's willful or negligent acts or omissions. 10. This Agreement shall commence upon execution by both Parties, and shall continue in full force and effect until Project completion or through June 30, 2011 whichever comes first, as mutually agreed to by both Parties. Final payment shall not be made unless and until Santa Ana has received final Record Drawings from Irvine. 11. The following staff members, or as otherwise designated in writing by the City Manager of Santa Ana or the City Manager of Irvine, shall be the selected representatives of each Party to act on each respective Party's behalf with respect to this Agreement. Every notice, demand, request, or other document or instrument delivered pursuant to this Agreement shall be in writing, and shall either be personally delivered, sent via e-mail with the original subsequently delivered by any other means authorized herein, or sent by certified United States mail, postage prepaid, to the representative and address set forth below, or such other address as the Parties may designate in the future: -3- City of Santa Ana ATTN: Souri Amirani Deputy City Engineer 20 Civic Center Plaza, M-21 Santa Ana, CA 92702 Phone: (714) 647-5640 E-Mail: samarani@santa-ana.org City of Irvine ATTN: Darrell Hartman Senior Civil Engineer P.O. Box 19575 Irvine, 92623-9575 Phone: (949) 724-7556 E-Mail: dhartman@ci.irvine.ca.us 12. The provisions of this Agreement, including this Paragraph, may be modified or waived only in a writing signed by Irvine and Santa Ana. No waiver with respect to any portion of this Agreement shall apply to any other portion of the Agreement, and a waiver on one occasion shall not be deemed a waiver of the same or any other breach on a future occasion. 13. The preceding Recitals are hereby incorporated into the terms of this Agreement as though fully set forth therein. 14. This Agreement shall be deemed jointly drafted and written by both Parties, and shall not be construed or interpreted against any particular Party, regardless of which Party or counsel originated or drafted any portion of it. 15. Each Party hereto expressly warrants and represents that the representative signing this Agreement has authority to sign this Agreement on behalf of said Party and bind said Party to the terms of this Agreement. 16. In pertaining to its obligations and duties under this Agreement, Irvine shall comply with all applicable regulations relating to the payment of prevailing wages, including but not limited to California Labor Code section 1720 et seq. and the federal Davis-Bacon Act. -4- IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the day and year first written above. "Santa Ana" CITY OF SANTA ANA "Irvine" CITY OF IRVINE ~~ ~' ~~- By: By: David N Re m, City Manager Sukhee Kang, Mayor' APPROVED AS TO FORM: `~ By: -1 ,~~os h W. Fle her t ~ City Attorney APPROVED AS TO FORM: By: .o- Philip D. o City Attorney ATTEST: ~~~ By: ~ ~ 1 d ~J ~, Patricia E. ealy (~ Clerk of the Council, City of Santa Ana Recommended for Approval: toss, ~xt~cutive erector of Santa Ana Public Works Agency ATTEST: B (~~ Y~ SharicApodaca City Clerk of the City of Irvine -5- EXHIBIT "A"-COST ESTIMATE RPAh~II Rehahilitatinn: Alton to Deere N4. DESCRIPTION ' _ UNIT QUANTITY UNIT I'RYCE COST' 1 Mobilization LS 1 $3,110.00 $3,110.00 2 Traffic Control LS 1 $3,730.00 $3,730.00 3 Traffic Striping, Markers and Markings LS 1 $933.00 $933.00 4 Remove Existing Curb & Gutter LF 300 $10.00 $3,000.00 5 Remove Existing Sidewalk and Ramps SF 800 $2.00 $1,600.00 6 Construct 5" Thick AC Leveling Course TON 300 $68.00 $20,400.00 7 Construct 19" Thick Aggregate Base TON 1,200 $17.00 $20,400.00 Roadway Excavation (Remove Existing AC Pavement & Aggregate Base Course) to a 26" 8 depth CY 800 $28.00 $22,400.00 Construct 2" Thick Asphalt Rubber Hot Mix (ARHM) Wearing Course TON 100 $80.00 $8,000.00 Adjust Storm Drain Manhole Frame and Cover to Grade Per City of Santa Ana Std. 10 Plan No. 307 EA 2 $575.00 $1,150.00 Construct Concrete Sidewalk Per City Of 11 Santa Ana Std. Plan No. 1104. SF S00 $5.00 $2,500.00 Construct Type A-2-8 Curb & Gutter Per City 12 Of Santa Ana Std. Plan No. 1101. LF 350 $30.00 $10,500.00 Construct Type 1 Curb Ramp Per City Of 13 Santa Ana Std. Plan No. 1122 SF 150 $7.00 $1,050.00 Construct Concrete Bus Pad Per City of Santa 14 Ana Std. Plan No. 1108 SF 250 $9.00 $2,250.00 15 Install Traffic Loop Detectors EA 5 $200.00 $1,000.00 16 Adjust Traffic Signal Pull Box to Grade EA 2 $375.00 $750.00 17 Relocate Traffic Signal Pull Box EA 1 $7,000.00 $7,000.00 18 Install Traffic Signal Pull Box EA 1 $640.00 $640.00 Extend Underground 2-1/2" Conduit and Install New DLC Wiring for Advanced Traffic 19 Loops LF 50 $24.00 $1,200.00 Replace and Adjust Water Valve Frame and Cover to Grade Per City of Santa Ana Std. 20 Plan No. 1410A EA 1 $625.00 $625.00 21 Project Information Signs EA 1 $489.00 $489.00 22 Prepare and Implement SWPPP _ LS 1 _____$873.00 __$873.00 SUBTOTAL ~ _ ~ 113,600.00 __ 1(~°~ Contingency __ _ _ _ _ `~ l 1.4(10.00 -6- TRANSMITTAL LETTER CITY OF IRVINE DEPARTMENT OF PUBLIC WORKS PROJECT MANAGEMENT DIVISION TO: City of Santa Ana ATTN: Souri Amirani DATE: July 2, 2009 JOB NAME: Red Hill Pavement Rehabilitation , CIP 318180 SUBJECT: Funding and Implementation Agreement We are transmitting via: MAIL MESSENGER X OTHER The following: Funding and Implementation Agreement FOR: ACTION X REVIEW INFORMATION __ Remarks and/or reply: Souri, Attached are two (2) wet signature copies for execution. Please schedule the execution of this agreement for council approval as soon as possible. After the agreement is fully executed please return-.one (1) copy to my attention. I will be on vacation next week, if you have any questions in my absence, please contact Dave Mori at (949) 724-7553. G~~~ _- Darrell