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Home My WebLink AboutIRVINE, CITY OF (5)-2010iNSURANGE NG7 REQUIt~EI~ A-2009-202 WORK MAY FROGL:EO CLERK OF COU~1C1'. p~ ~a-r~ (-Zg- l0 ~4~~ ~~ AGREEMENT BETWEEN CITY OF SANTA ANA AND CITY OF IRVINE FOR THE DYER ROAD/BARRANCA PARKWAY/RED HILL AVENUE INTERSECTION IMPROVEMENT PROJECT THIS DESIGN AND CONSTRUCTION AGREEMENT ("Agreement"), is made and entered into this~~`day of ~axnua~ , 2010 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 refereed to as a "Party" and collectively referred to as the "Parties." ~ RECITALS: ~_..,~ ~"~ WHEREAS, Irvine has initiated and is proceeding with the Dyer Road/Barranca s~ , Parkway/Red Hill Avenue Intersection Improvement Project ("Project"), which includes the `~ design and construction of additional through lanes in each direction along Dyer Road/Barranca (`l1 ~ Parkway and Red Hill Avenue, the addition of eastbound and westbound left-turn lanes on Barranca Parkway, and the addition of a westbound dedicated right-turn lane on Barranca `~ ~. Parkway and Red Hill Avenue; and WHEREAS, the Project involves Santa Ana and Irvine because the common city boundary line exists through the intersection of the Project; and WHEREAS, some of the Project includes work within Santa Ana; NOW, THEREFORE, based upon the foregoing Recitals, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by all Parties, the Parties agree as follows: In accordance with the existing Agreement dated November 24, 1992 and Letter of Understanding dated January 6, 2006 between Santa Ana and Irvine, Irvine will act as lead agency for the design and construction phases of the Project. Irvine is responsible for funding the Project within the Santa Ana and Irvine city limits. Pursuant to the agreement, Irvine is responsible for "Total Cost" of the project. Total Cost includes the design, design administration, materials testing, site construction survey, inspection, construction engineering, construction management, as well as construction for the entire Project at no cost to Santa Ana. 2. Santa Ana will review, approve and sign the final design drawings for the improvements within the City limits of Santa Ana prior to bid advertisement. Santa Ana will issue a no fee permit and inspect the improvements for general conformity to the plans and city standards within Santa Ana. 4. Santa Ana will coordinate the relocation of all affected utility company facilities within the City limits of Santa Ana in a timely manner. 5. Irvine and Santa Ana shall extend cooperation to each other and proceed under this Agreement in good faith during all phases of the Project to facilitate timely completion of the Project. The Parties agree that when any component of this Project is subject to the approval of Santa Ana, such approval shall not be unreasonably withheld. Santa Ana will be notified as to the official advertising dates, bid opening date, construction start date, and overall construction schedule. Also, a representative from Santa Ana will be invited to attend pre-construction, Project status, and final walk through meetings. 7. Change orders for work within Santa Ana must receive the written approval of the Executive Director of the Public Works Agency of Santa Ana or his designee prior to implementation. Irvine will notify Santa Ana of any potential change orders immediately and will furnish a copy of any proposed change order affecting Santa Ana within ten (10) days. Santa Ana will review and respond to the proposed change order(s) within five (5) working days of receipt by Santa Ana. 8. The following staff members, or as otherwise designated in writing by the Director of Public Works of Irvine or the Executive Director of Public Works of Santa Ana, shall be the selected representatives of each City to act on each respective City's behalf with respect to this agreement. Any notices, requests, approvals, plan submittals or communications shall be provided to each representative noted below: City of Santa Ana: ATTN: Souri Amirani Deputy City Engineer 20 Civic Center Plaza, M-36 Santa Ana, Ca 92701 Phone: (714) 647-5640 E-Mail: samarani(a~santa-ana orb City of Irvine: ATTN: Mark Carroll City Engineer P.O. BOX 19575 Irvine, CA 92623-9575 Phone: (949) 724-6410 E-Mail: mcarroll(a~ci.irvine ca us 9. Irvine shall provide Santa Ana final Record Drawings for the Project on mylar and in pdf format as well as electronic CADD files in Microstation format within 120 days of the completion and acceptance of construction. lO.Irvine shall cause its contractor for the Project to guarantee the Santa Ana improvements against defects in workmanship and materials for a period of one (1) year from the date of acceptance by Irvine. It is further agreed that Irvine shall assume the responsibility for causing the Santa Ana improvements to be brought or restored to full compliance with the requirements of the Plans and Specifications, including any test requirements, for any portion of the Project which during said one (1) year period are found not to be in conformance with the provisions of the Plans and Specifications, to the extent such failure to conform results from actions or inactions resulting from the City's negligent work. This guarantee is in addition to any and all other warranties, expressed or implied, from Irvine contractors or material manufacturers with respect to the Project. The guarantee and obligations under this section shall in no way be -2- relieved by Santa Ana inspection and/or approval of the Project. This section sets forth the entire agreement of Irvine with respect to guarantees and warranties of the Project, but this section shall in no way limit any expressed or implied warranties of other persons with respect to the Project. 11. This Agreement contains all of the agreements of the Parties regarding the Project and all previous understandings, negotiations and agreements regarding the Project are integrated into and superseded by this Agreement. 12. Irvine shall indemnify, defend and hold Santa Ana, its officers, agents and employees, harmless from any expense, liability or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen during construction of the Project and prior to acceptance by Santa Ana, resulting from any negligent work or action performed by Irvine or on behalf of Irvine, save and except to the extent such death, injury, loss, damage or expense is determined by a court of competent jurisdiction to have been proximately caused in whole or in part by any negligence or willful misconduct of Santa Ana, its officers, agents or employees or by any act or omission for which Santa Ana, its officers, agents or employees are liable without fault.. 13. Santa Ana shall indemnify, defend and hold Irvine, its officers, agents, and employees, harmless from any expense, liability or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen either (i) as a result of any act performed by Santa Ana, its officers, agents, or employees, with respect to the construction of the Project, or (ii) following Santa Ana acceptance of the Project, with respect to maintenance and operation of the Santa Ana improvements, save and except to the extent such death, injury, loss, damage or expense is determined by a court of competent jurisdiction to have been proximately caused in whole or in part by any negligence or willful misconduct of Irvine, its officers, agents, employees or contractors, or by any act or omission for which Irvine, its officers, agents, employees or contractors are liable without fault. 14. Irvine shall cause its contractors for the construction of the Project to obtain insurance coverage sufficiently broad to insure the matters set forth in this Agreement and to include Santa Ana as an additional insured on all insurance policies that Irvine requires its contractors to provide. As evidence of such insurance coverage, Irvine shall, prior to commencement of construction of the Project, provide Santa Ana with certificates of insurance and insurance endorsements in forms that are acceptable to Santa Ana. 15. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by both Parties. 16. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, -3 - paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder. 17. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement the Parties hereto are formally bound to the provisions of this Agreement. 18. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors, and assigns. 19. This Agreement may be executed by the Parties and counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 20. This Agreement is to be governed by the laws of the State of California. 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 By: David N Ream, City Manager APPROVED AS TO FORM: By: Joseph W. Fletcher City Attorney ATTEST: By: Maria D. Huizar Clerk of the Council, City of Santa Ana Recommended for Approval: "Irvine" CITY OF IRVINE By: Sukhee Kang, Mayor APPROVED AS TO FORM: By: Philip D. Kohn City Attorney ATTEST: By: Shari Apodaca City Clerk of the City of Irvine George Alvarez, Acting Executive Director City of Santa Ana Public Works Agency -4- paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder. 17. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement the Parties hereto are formally bound to the provisions of this Agreement. 18. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors, and assigns. 19. This Agreement may be executed by the Parties and counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 20. This Agreement is to be governed by the laws of the State of California. 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 S~ N'I'A AN David N Rea ,City Manager APPROVED AS TO FORM: ~} ~ ~, t ;, Jtfseph W. Fletcher City Attorney ATTEST: "Irvine" CITY OF IRVINE By: Sukhee Kang, Mayor APPROVED AS TO FORM: By: Philip D. Kohn City Attorney ATTEST: By: ~ ,~~ By: Maria D. Huizar Clerk of the Council, Cit of Santa Ana Recommended for Approval: ~~ Raul odinez II, Ex cutive Director City of Santa Ana blic Works Agency -4- Shari Apodaca City Clerk of the City of Irvine ~~ paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder. 17. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement the Parties hereto are formally bound to the provisions of this Agreement. 18. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors, and assigns. 19. This Agreement may be executed by the Parties and counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 20. This Agreement is to be governed by the laws of the State of California. 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 SAN A AN By: David N Ream, City Manager APPROVED AS TO FORM: By: %~ .k `~ ,sue <<:~-~, Joseph W. Fletcher City Attorney ATTEST: By: ~ ~!~-P~-~ ~! Maria D. Huizar Clerk of the Council, City of Santa Ana Recommended for Approval: r ~~~~ Raul Godinez II, ecutive Director City of Santa Ana Public Works Agency "Irvine" CITY OF IR By: Sukhee Fang, May APPROV FORM: By: Philip .Kohn City Attorney ATTEST: _ -+ l By: V // ~- ~-- Shari Apodaca City Clerk of the Cit;~ of Irvine -4- LEGEND EXHIBIT 1 ~~~~ SANTA ANA cITY couNCIL COOPERATIVE AGREEMENT WITH CITY OF P W A AGENDA DATE= IRVINE AND ACQUISITION OF RIGHT-OF- DECEMBER 7 2009 WAY FOR THE DYER/RED HILL PUBLIC WORKS AGENCY INTERSECTION WIDENING PROJECT PROJECT LIMITS w TA ANA PW~ WORKS PGENCY PUBS « LEGEND PRG~~,CT LIMNS EXH~ I~ OF VE AGREEMENT WITH CIN COOPERATI OEDIHI>~ OF' c1~ IRVINE p,ND R THE D ERI ~ PROJECT C-TY CpUN WAY FO WIpEN1N AGENU R~A 009 WTERSECT-ON N LEGEND PROJECT LIMITS EXHIBIT 1 SANTA ANA CITY couNCIL COOPERATIVE AGREEMENT WITH CITY OF P W A AGEND,4 DATE IRVINE AND ACQUISITION OF RIGHT-OF- DECEMBER 7. 2009 WAY FOR THE DYER/RED HILL PLIBL IC WORKS AGENCY INTERSECTION WIDENING PROJECT