Project 128 - Contract - Orange County Development - 1996-09-17 1l r- COPY No. 2 SECOND PARTY
Agreement No D96-093
1
A G R E E M E N T
2 AGREEMENT for
intoethispo[7 of daynoffl 2. n - numbered
/5ir1996, is
3 BY AND BETWEEN JJ
4 ORANGE COUNTY DEVELOPMENT AGENCY,
hereinafter referred to as "OCDA"
5 AND
COSTA MESA SANITARY DISTRICT,
6 hereinafter referred to as "CMSD"
7
RECITALS
8
9
10
WHEREAS, OCDA desires to redevelop the Santa Ana Heights community
11
including changed land use as set forth in the Santa Ana Heights
12
Specific Plan; and
13
WHEREAS OCDA has prepared a report (Santa Ana Heights
14
Redevelopment Project Area Comprehensive Infrastructure Improvement
15
Plan) which identifies the needed infrastructure improvements in the
16
Santa Ana Heights community a portion of which is hereinafter referred
17
to as "PROJECT" ; and
18
WHEREAS CMSD provides sanitary sewer service within the area of
19
"PROJECT" ; and
20
WHEREAS, improvements to the CMSD system are needed to provide
21
additional service for the changes in land use that are set forth in
22
the Santa Ana Heights Specific Plan; and
23
WHEREAS CMSD owns operates and maintains an 8-inch sewer line
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within the PROJECT area; and CMSD's 8-inch sewer line is in conflict
25
with the PROJECT and relocation is necessary for the PROJECT and
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27
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Agreement No D96-093
1 WHEREAS, OCDA and CMSD desire to cooperate in the installation of
2 relocated sewer line in conjunction with the proposed new street
3 alignment of Birch Street and Mesa Drive
4 WHEREAS, OCDA is preparing plans and specifications for the
5 realignment of Mesa Drive and Birch Street within the Santa Ana Heights
6 Specific Plan area; and
7 WHEREAS, OCDA's rights in the PROJECT area are paramount to CMSD's
8 rights for its 8-inch sewer line by virtue of Tract map No 706
9 recorded on June 19, 1924 in book 530 page 128 of miscellaneous maps
10 of Official Records in the Orange County Recorder s office; and
11 WHEREAS, as a consequence of OCDA s prior rights CMSD is required
12 to relocate its 8-inch sewer line at CMSD's expense; and
13 WHEREAS, CMSD desires that OCDA include the necessary relocation
14 work of CMSD's 8-inch line into the PROJECT plans and specifications in
15 accordance with the terms of this AGREEMENT
16
17 NOW THEREFORE, the parties hereto agree as follows
18 1 CMSD shall submit approved plans and specifications for
19 relocation of the interfering portion of CMSD's 8" sewer line
20 for inclusion into OCDA s plans and specifications for the
21 PROJECT in accordance with the design Agreement No D92-130
22
23 2 OCDA shall include within its construction contract for the
24 PROJECT, a bid item for relocation of CMSD's 8-inch sewer line t.
25 meet OCDA's new development specifications per design plans and
26 specifications prepared by CMSD and approved by OCDA
27
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Agreement No D96-093
1 3 CMSD shall have reasonable rights of access to the PROJECT
2 site for purposes of inspection of the relocation of the 8-inch
3 sewer line
4
5 4 CMSD agrees to pay all costs associated with the constructio
6 of the relocation of CMSD's 8-inch sewer line Said costs are
7 payable within thirty (30) days of the execution of this
8 AGREEMENT and are estimated to be $43 050
9
10 5 CMSD approval shall not be unreasonably withheld for all
11 Change Orders issued by OCDA pertaining to relocation of CMSD's
12 8-inch sewer line
13
14 6 OCDA shall prepare any required environmental documents
15 OCDA shall be solely responsible for contract award and for the
16 administration and performance of the contract awarded to any
17 contractor(s) for the construction of the PROJECT
18
19 7 OCDA shall incorporate within the contract documents for the
20 PROJECT a requirement for the contractor to obtain and keep in
21 full force and effect throughout the life of the PROJECT for th-
22 mutual benefit of CMSD and OCDA a policy or policies of
23 comprehensive broad form general public liability and
24 automobile insurance against claims and liabilities for personal
25 injury death or property damage arising from the activities of
26 the contractor in the amount of $1, 000 000 (combined single limi
27 per occurrence) Said policies shall name CMSD OCDA and thei
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Agreement No D96-093
1 respective elected and appointed officials officers agents and
2 employees as additional insureds and shall additionally contain
3 language providing for waiver of subrogation, that the policies
4 are primary and non-contributing with any insurance that may be
5 carried by the parties hereto and that said insurance may not be
6 canceled or materially changed except upon thirty (30) days
7 written notice to OCDA OCDA shall also require that workers'
8 compensation benefits are secured by the contractor as required
9 by law
10
11 8 OCDA shall require that any and all labor and materials bonds
12 and performance bonds required to be supplied by OCDA's
13 contractor for the PROJECT shall include CMSD as a named insured
14 on said bonds
15
16 9 OCDA shall inspect the construction work including the
17 relocation of CMSD's 8-inch sewer line In the relocation of
18 CMSD's 8-inch sewer line, OCDA shall furnish a representative to
19 perform the usual functions of a Resident Engineer and CMSD may,
20 at no cost to OCDA, furnish a representative if CMSD desires
21 Said representative and Resident Engineer will cooperate and
22 consult with each other but the decision of OCDA s Resident
23 Engineer shall be final
24
25 10 OCDA shall not accept the construction work from OCDA s
26 Contractor until CMSD concurs that the relocation of CMSD's
27 8-inch sewer line has been constructed in accordance with CMSD's
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Agreement No D96 093
1 approved plans and any authorized contract change orders
2
3 11 Sewer improvements and appurtenances when constructed shall
4 be owned and maintained by CMSD irrespective of funding of the
5 engineering design by OCDA
6
7 12 Upon completion and acceptance of the PROJECT and upon
8 receipt of an itemized invoice from OCDA CMSD shall provide to
9 OCDA final payment for said work described in 1 above and
IO determined as the sum of 12 A 12 B and 12 C
11
12 A The total actual sum of the item price bid for the
13 relocation of CMSD s 8-inch sewer line from the contractor to
14 whom OCDA has awarded the contract for the PROJECT Said
15 total estimate is $43 050
16
17 B Change order expenses related to work involved for the
18 relocation of CMSD s 8-inch sewer line if any shall be adde.
19 to the above
20
21 C Ten (10%) of the actual amount determined in 12 A and 12
22 above as an agreed amount to reimburse OCDA for costs incurre.
23 for inspection and administration related to relocation of
24 OCDA s 8-inch sewer line shall be added to the above
25
26 13 If the final cost per 12 above exceeds the deposit CMSD
27 shall within sixty (60) days of receipt of an invoice from OCDA
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Agreement No D96-093
1 pay OCDA the difference if the final cost is less than the
2 deposit OCDA shall refund the difference to CMSD
3
4 14 If OCDA does not award the construction contract within
twelve (12) months of the date of execution of this AGREEMENT
6 CMSD s deposit shall be refunded by OCDA within sixty (60) days
7
8 15 Pursuant to Section 895 4 of Government Code OCDA shall
9 defend indemnify and save harmless CMSD its elected officials
10 officers agents and employees from all liability from loss
11 damage or injury to persons of property including any and all
12 legal costs and attorneys fees in any manner arising out of
13 the performance by OCDA its elected and appointed officials
14 officers agents and employees of this AGREEMENT
15
16 16 Pursuant to Section 895 4 of Government Code CMSD shall
17 defend indemnify and save harmless OCDA its elected officials
18 officers agents and employees from all liability from loss
19 damage or injury to persons of property including any and all
20 legal costs and attorneys fees in any manner arising out of
21 the performance by CMSD its elected and appointed officials
22 officers agents and employees of this AGREEMENT
23
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Agreement No D96-093
1
2 IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed by their officers thereunto duly authorized on the date
3 first written above
4
COSTA MESA SANITARY DISTRICT
5 / /��,'�A/
6 Date ,14- 74 By h4Lf �J/1L4n..
7
8
COUNT - F ORANGE
9
10 � :
'SEP 17 1996 'r r° �/-
11 Date By
Chairma its Board of Supervisors
12 „.442
13
14 APPROVED AS TO FORM
Lawrence M Watson
15 County Counsel
orange County, California
16
17
thr
18 De.
19
20 SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
21 THE CHAIRMAN OF THE BOARD
22
23 '' 7�
EXELON
24 ClaI`Egff" the Board of Supervisors
of Orange County California
25
26
27 MV my 7/15/96
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a
ORANGE COUNTY BOARD OF SUPERVISORS
Acting as the Orange County Development Agency
MINUTE ORDER
'Ike dotfoanng id action taken 4 de Orange coanty Devetoment Agency on
Semmiet 17, 1996
APPROVED AS RECOMMENDED N OTHER ❑
Unanimous• (1) Stanton (2) Silva (3) Saltarelli (4) Steiner (5)Bergeson
Vote Key. Y=Yes;N=No;A=Abstain, X=Excused; B.O =Board Order
Documents accompanying this matter
❑ Resolution(s)
❑ Ordinances(s)
• Contract(s)
Submitting Agency/Department: Environmental Management Agency
Tonic: Approve Agreement with Costa Mesa Sanitary District for provision of sewer
capacity for the Mesa Drive and Birch Street realignment and improvement project
($43,050) District 5
File No. 17859
Item No. 11 RECEIVED
Copies sent to: SEP `i 1396
Leo
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Special Notes: I certify that the foregoing is a true and correct copy of the
Minute Order adopted by the Orange County Development
Agency Orange County,State of California.
DARLENE 1..BLOOM,Clerk of the Board
`�� /
By- \
liAAAJ, 3
Deputy
c:\user ninord.doc