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HomeMy WebLinkAboutIRVINE, CITY OF 1999F Y AGREEMENT TERMINATION Please complete this form when the attached agreement is RV lWng4y Op--- ffect. Return form to the Deputy Clerk of the Council (M -3' Call`647 6520 if you have any questions. _. :.. The agreement with L 6 A- I - Oa-F was completed on �J6 ��° and final payment has been made. Department: Q� `. N& Signature: Date: —1 City of Santa Ana Revised 4 -16 -87 Clerk of the Council MEMORANDUM To:' From: Subject: MW Date: z1� .�'�RC�� iS r`�C- "�.e �.K.li✓vISL'v+Z�'�•^�'"`�'`�i 'l-o✓ i'v`y `K--FGA i'fe^ `fi4'1�e— : aG' gn�T w 7+l -� 1n50K545 (Z C7A� /hI���LONNGC -1 CO�-i Ait Uti.11C/�llC`�� i rgg4- REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT ( "Agreement'), made and entered into the day of 1999, by and between the City of Santa Ana, a municipal corporation of the State of California, Post Office Box 1988, Santa Ana, California 92702, hereinafter referred to as "Santa Ana," and the City of Irvine, a municipal corporation of the State of California, P. O. Box 19575, Irvine, California 92623, hereinafter referred to as "Irvine ". RECITALS: WHEREAS, Irvine and Santa Ana desire to do a joint project to provide real -time traffic surveillance and system detection capabilities on the key arterials in the vicinity of SR -55 corridor (Project). WHEREAS, this Project has qualified for state funding in the amount of Five Hundred Twenty Three Thousand Dollars ($523,000) for design and construction. WHEREAS, Santa Ana has agreed to contribute approximately 10% of the project costs and Irvine has agreed to contribute approximately 5% of project costs toward the Project. NOW, THEREFORE, Irvine and Santa Ana mutually agree to the following terms and conditions: Section L Scope of Project. The Project will install Closed Circuit Television cameras and system detections at the following locations: Grand Avenue at Hotel Terrace Drive. Dyer Road at Pullman Street. Dyer Road / Barranca Parkway at Red Hill Avenue. MacArthur Boulevard at Red Hill Avenue. The Project will also install fiber optic communication on Dyer Road from Grand Avenue to Red Hill Avenue and necessary hardware /software to provide the communication and data link between Santa Ana and Irvine Traffic Management Centers. Santa Ana will prepare plans, specifications and administer the Project. Section 2. Project matching and reimbursement A. Santa Ana to provide matching share of fifty -four thousand dollars ($54,000), approximately ten percent of the Project costs. B. Irvine to provide matching share of twenty -seven thousand dollars ($27,000), approximately five percent of the total Project costs per Exhibit 1, attached hereto and incorporate herein by reference. This matching share shall be paid to Santa Ana within 30 days of Project completion. Section 3. Term. The term of this Agreement shall be in full force and effective until rescinded by both parties. Section 4. Liability. Santa Ana shall insure that its contractor maintains in full force and effect standard liability insurance consistent with Santa Ana's standard public works contracting practices. Said insurance shall name the City of Irvine, its elected and appointed officials, as additional insured on the policy certificates. Santa Ana shall indemnify, defend and save harmless Irvine and its elected and appointed officials from and against all claims, demands, loss or liability of any kind arising out of negligent acts or omissions of Santa Ana, or its agents in performance of its obligations under this Agreement. Irvine shall indemnify, defend and save harmless Santa Ana and its officers, agents, volunteers and employees from and against all claims, demands, loss or liability of any kind arising out of the negligent acts or omission of Irvine or its agents in performance of its obligations under this Agreement. Section 5. Notices. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process. To Irvine: City of Irvine Attention: James Eldridge, Director of Public Works Dept. One Civic Center Plaza Irvine, CA 92623 Section 6. Agents. To Santa Ana: City of Santa Ana Attention: James G. Ross, Director of Public Works Agency 101 West Fourth Street Santa Ana, CA 92701 Any contractor or subcontractor performing work in connection with the work described herein on behalf of either Party shall be conclusively deemed to be the servant and agent of each respective parry employing said contractor or subcontractors hereof, acting on behalf and within the scope of such contractor and subcontractor's employment for said party. Section 7. Entire agreement. This Agreement supersedes any and all other agreement either oral or in writing between the parties hereto with respect to the terms set forth in this Agreement. This Agreement may not be modified or amended except in writing signed by Irvine and Santa Ana. IN WITNESS WHEREOF, Santa Ana has caused this Agreement to be executed by its Mayor and attested by its City Clerk and Irvine has caused this Agreement to be executed by its Executive Director of Public Works Department, all thereunto duly authorized, on the date first above written. CITY OF IRVINE Executive Director Public Works Department Agree: VN:Agree Reimb -SA Iry 1 99 /nhs CITY OF SANTA By: Mayor By: By: By: I: ATTEST: Clerk of the Council APPROVED AS TO FORM: Deputy City Attorney APPROVED AS TO CONTENT: City Manager RECOMMENDED FOR APPROVAL: Executive Director Public Works Agency . 11 OF ��� v' M Public Works Department Uv of Irvine. One Civic Center Plaza, P.O. Box 19575, Irvine, May 27, 1997 Mr. James Ross Executive Director City of Santa Ana 101A West Fourth Street Santa Ana, CA 92701 0O RE: SR -55 /Dyer Road Interconnect Surveillance System TSM Project Dear MMVs: The City of Irvine is pleased to partner with the City of Santa Ana on the SR -55 /Dyer Road Interconnect Surveillance System TSM Project. We understand that Santa Ana will be the lead agency on this project and manage the daily operations of the project. We understand that Santa Ana will keep the project within the allocated budget of $523,000. However, in the instance that the project does exceed the budget, Irvine's share of such cost overrun shall be limited to $27,000 (includes design and construction). If you have further questions, please call John Thai, Principal Engineer, at (714)724 -7311. Sincerely, (1a6eco� ALLISON HART Assistant City Manager /Director of Public Works EXHIBIT 1 724 -6000 REQUEST FOR COUNCIL ACTION Eduntion Zsi CITY COUNCIL MEETING DATE: FEBRUARY 16, 1999 TITLE: REIMBURSEMENT AGREEMENT WITH CITY OF IRVINE FOR SR -55 /DYER ROAD INTERCONNECT COMMUNICATION SURVEILLANCE (PROJECT 1593) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 � Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a reimbursement agreement with the City of Irvine to reimburse the City for their matching share cost of the SR- 55 /Dyer Road Interconnect Communication Surveillance project. 2. Approve an appropriation adjustment recognizing $27,000 as City of Irvine's matching share and appropriating it for the construction of the SR -55 /Dyer Road Interconnect Communication Surveillance project. DISCUSSION The City has received funding of $523,000 from Caltrans to implement real time traffic surveillance and detection on key arterials in the SR -55 /Dyer Road corridor, located in the cities of Santa Ana and Irvine (Exhibit 1) . The City of Santa Ana is administering the project. The project includes installation of four closed circuit television cameras and related communication lines. Traffic information exchange capability between the City of Santa Ana and the City of Irvine Traffic Management Centers is also included in the project. Construction is expected to begin in February. An agreement with the City of Irvine is needed to receive reimbursement of $27,000 from City of Irvine for its matching share of the project. An appropriate adjustment is also needed to recognize receipt of the money and to appropriate it to the project. FISCAL IMPACT The appropriation adjustment will recognize the revenue received for the project (account no. 59 -01 -5621, project no. 1593) by $27,000 and appropriate the same in the project budget (account no. 59 -551 -6631, project no. 1593). J svG. oss $a,ecutive Director /Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Rod R. Coloma Executive Director Finance & Mgmt. Services Agency _J WARNER ' I AVE HOTEL TERRACE DR. o �\ z Q c� DYER 1ROAD �Q P 9 P ��P cq �T SANTA ANA City Counco Agenda Date February 16, 1999 O �9 9LF. AC, F 01 T OPROPOSED SYSTEM DETECTION IN" PROPOSED CCTV LOCATION Gt EXISTING CCTV LOCATION PROPOSED TRUNK LINE REIMBURSEMENT AGREEMENT WITH CITY OF ]IRVINE FOR SR- 55/DYER ROAD INTERCONNECT COMMUNICATION SURVEII.LANCE (PROJECT 1593) EXHIBIT 1 REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT ( "Agreement "), is made and entered into the It i day of f,& az , 1999, by and between the CITY OF SANTA ANA, a municipal corporation of theVState of California, Post Office Box 1988, Santa Ana, California 92702, hereinafter referred to as "Santa Ana," and the CITY OF IRVINE, a municipal corporation of the State of California, P. O. Box 19575, Irvine, California 92623, hereinafter referred to as "Irvine ". RECITALS: WHEREAS, Irvine and Santa Ana desire to cooperate on a joint project to provide real -time traffic surveillance and system detection capabilities on the key arterials in the vicinity of the SR -55 corridor (Project). WHEREAS, this Project has qualified for state funding in the amount of five hundred twenty -three thousand dollars ($523,000) for design and construction of the project. WHEREAS, the total cost of the Project is Six hundred two thousand and nine hundred dollars ($602,900). WHEREAS, in order to fund the difference between the total costs of the Project and the amount received in state funding, Santa Ana has agreed to contribute fifty four thousand dollars ($54,000) and Irvine has agreed to contribute twenty seven thousand dollars ($27,000) toward the Project. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing Recitals and for good and valuable consideration, the sufficiency of which is hereby acknowledged, Irvine and Santa Ana mutually agree to the following terms and conditions: Section 1 Scope of and Responsibility for Project A. Scone The Project consists of the installation of Closed Circuit Television cameras and system detections at the following locations: Grand Avenue at Hotel Terrace Drive. Dyer Road at Pullman Street. Dyer Road / Barranca Parkway at Red Hill Avenue. MacArthur Boulevard at Red Hill Avenue. 1 3 The Project also provides for the installation of fiber optic communication on Dyer Road from Grand Avenue to Red Hill Avenue as well as necessary hardware /software to provide the communication and data links between Santa Ana and Irvine Traffic Management Centers. B. Responsibilities 1. Santa Ana shall: a. Prepare plans and specifications for the Project; b. Keep plans and specifications on file in the office of the Public Works Agency, Santa Ana; c. Serve as the lead agency for, administer, and manage the daily operations of the Project. d. Obtain Irvine's written consent, which shall not be reasonably withheld, prior to making any change in the specifications or implementations that affects Irvine's portion of the project. 2. Irvine shall: a. Furnish, at no cost to Santa Ana, all "necessary", as defined by Irvine and Santa Ana, inspection services and permits for work done in Irvine; b. Reimburse Santa Ana for the cost identified in Section 2. Section 2. Project matching and reimbursement A. Santa Ana shall provide matching share of fifty -four thousand dollars ($54,000). B. Irvine shall provide matching share of twenty -seven thousand dollars ($27,000). This matching share shall be paid to Santa Ana within 30 days after the Project completion. C. All costs for change orders that are considered by Santa Ana and Irvine to be upgrades and /or additional to the original plans and specifications shall be borne 100 percent by the party requesting the change. Irvine shall reimburse Santa Ana its share of all change orders that Irvine is responsible for as stated above. Santa Ana shall provide Irvine with invoices for Irvine's share of costs resulting from the change orders and Irvine shall reimburse Santa Ana within 30 days following receipt of such invoices. Section 3. Term. The term of this Agreement shall be in full force and effective until the completion of the Project or until Santa Ana is fully reimbursed by Irvine pursuant to Sections 2(B) E and 2(C) of this agreement, whichever occurs later, unless rescinded by mutual consent of both parties. Section 4. Insurance and Indemnification. Santa Ana shall provide that its contractors and subcontractors maintain in full force and effect standard liability insurance policies that are consistent with Santa Ana's standard public works contracting practices. Said insurance policies shall name Irvine, its elected and appointed officials, officers, agents and employees as additional insureds on the policy certificates. Santa Ana shall indemnify, defend and save harmless Irvine, its elected and appointed officials, officers, agents, volunteers and employees from and against all claims, demands, losses, or liabilities of any kind, including reasonable attorney's fees in connection therewith, that are asserted or claimed against Irvine, its elected and appointed officials, officers, agents, volunteers, or employees arising out of the negligent acts or omissions of Santa Ana, its elected and appointed officials, officers, agents, volunteers and employees in performance of its obligations under this Agreement. Irvine shall indemnify, defend and save harmless Santa Ana, its elected and appointed officials, officers, agents, volunteers and employees from and against all claims, demands, losses, or liabilities of any kind, including reasonable attorney's fees in connection therewith, that are asserted or claimed against Santa Ana, its elected and appointed officials, officers, agents, volunteers, or employees arising out of the negligent acts or omissions of Irvine, its elected and appointed officials, officers, agents, volunteers and employees in performance of its obligations under this Agreement. Section 5. Notices. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process. To Irvine: City of Irvine Attention: James Eldridge, Director of Public Works Dept. One Civic Center Plaza Irvine. CA 92623 Section 6. Assienmem and sublettina. To Santa Ana: City of Santa Ana Attention: James G. Ross, Director of Public Works Agency 101 West Fourth Street Santa Ana, CA 92701 The rights and obligations of Irvine and Santa Ana under this Agreement shall not be assigned or sublet without the prior written consent of the other party. 3 J Section 7. Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Agreement. Section 8. Severability. Each provision of the Agreement shall be severable from the whole. If any provision of this Agreement shall be found contrary to law, the remainder of this Agreement shall continue in full force. Section 9. Governing Law. This Agreement shall be governed by, and construed under, the laws of the State of California. Section 10. Legal Actions. The municipal and superior courts of the State of California in the County of Orange shall have the exclusive jurisdiction of any litigation between the parties arising out of this Agreement. Section 11. Attorney's Fees. In the event that either Santa Ana or Irvine fails to comply with any of the material terms of this Agreement to be complied with on its part and the other party commences legal proceedings to enforce any of the material terms of this Agreement, the prevailing party in any suit shall receive from the other a reasonable sum as attorney's fees and costs may be awarded by the court or jury. Section 12. Entire Agreement. This Agreement supersedes any and all other prior agreements, negotiations, or representations, either oral or written, between the parties hereto with respect to the terms set forth in this Agreement. This Agreement may not be modified or amended except in a writing signed by both Irvine and Santa Ana. 4 Li IN WITNESS WHEREOF, Santa Ana has caused this Agreement to be executed by its Mayor and attested by its City Clerk and Irvine has caused this Agreement to be executed by its Director of Public Works Department, all thereunto duly authorized, on the date first above written. CITY OF IRVINE CITY O 'SAI�A BY: r `l l c By: Mayor r I AgreeNN:Agree Reimb -SA Iry 1 99 /nhs (Revised 5 99) 5 ATTEST: By: 4eof the Council APPROVED AS TO FORM: By: Deputy City Attorney APPROVED AS TO CONTENT: By: -- City Manager Works Agency /&M REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 16, 1999 TITLE: REIMBURSEMENT AGREEMENT WITH CITY OF IRVINE FOR SR -55 /DYER ROAD INTERCONNECT COMMUNICAT URVEILLANCE (PROJECT A593) 11-� IiGI_l�I[dq:i RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: FTAT55000�-b ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO NUMBER _ A-° >/! I. 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a reimbursement agreement with the City of Irvine to reimburse the City for their matching share cost of the SR- 55 /Dyer Road Interconnect Communication Surveillance project. 2. Approve an appropriation adjustment recognizing $27,000 as City of Irvine °s matching share and appropriating it for the construction of the SR -55 /Dyer Road Interconnect Communication Surveillance project. DISCUSSION The City has received funding of $523,000 from Caltrans to implement real time traffic surveillance and detection on key arterials in the SR -55 /Dyer Road corridor, located in the cities of Santa Ana and Irvine (Exhibit 1) . The City of Santa Ana is administering the project. The project includes installation of four closed circuit television cameras and related communication lines. Traffic information exchange capability between the City of Santa Ana and the City of Irvine Traffic Management Centers is also included in the project. Construction is expected to begin in February. An agreement with the City of Irvine is needed to receive reimbursement of $27,000 from City of Irvine for its matching share of the project. An appropriate adjustment is also needed to recognize receipt of the money and to appropriate it to the project. FISCAL IMPACT The appropriation adjustment will recognize the revenue received for the project (account no. 59- 01- 5621`3 project no. 1593) by $27,000 and appropriate the same in the project budget (account no. 59 -551 -6631, project no. 1593). es u. noss cutive Director lic Works Agency APPROVED � /AS�TOO FUNDS AND ACCOUNTS: / L Cc Rod R. Coloma Executive Director Finance & Mgmt. Services Agency Page 5 I IW -NER I AVE HOTEL TEP.RACE PROPOSED SYSTEM DETECTION PROPOSED CCTV LOCATION EXISTING CCTV LOCATION PROPOSED TRUNK LINE SANTA ANA City Council REIMBURSEMENT AGREEMENT WITH .^ Agenda Date CITY OF IRVINE FOR SR- 55JDYER ROAD February 6 1999 INTERCONNECT COMMUNICATION >� �* ry SURVEILLANCE (PROJECT 1593) EXHM]rT 1 Page 6 Appropriation Adjustment No: Date: Janaury 29, 1999 Department: PUBLIC WORKS AGENCY TYPE OF AD71ISTMENT Transfer of Funds (No Council Action Required) X Transfer of Funds (Council Action Required) From: Public Works Agency - Admin. Fund - Activity - Account Amount 59 - 01 - 5621 -- 3 $ 27,000.00 � - ne.c.r• /s- virP��A,e.R_� A9-1,�tie -e/ G� t� -a(Fi Council Action :�zi q 57 Approved: Yes F-1 No �. Clerk of th4 Coun ' To: Public Works Agency - Admin. Fund - Activity - Account Amount 59-551 6631 JUSTIFICATION FOR REQUEST: To recognize unanticipated revenue $ 27,000.00 City of Irvine for matching share cost of SR -55 /Dyer Road Interconnect Communictaion Surveillance project and appropruiate same to expenditure account. Department Head APPROVED AS TO FUNDS AND ACCOUNTS: APPROVED: i Director of Finance Da a ity enager D to PREPARATION: Submit original and two copies to Director of Finance, who will assign control number and forward the three copies to the City Manager. City Manager will distribute copies showing designated action: ORIGINAL - Finance; DUPLICATE - department file; TRIPLICATE - City Manager. Prepare a fourth copy for the Clerk of the Council's file on requests that need Council action.