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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 24 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 26 27 J 28 SEP s 0 L.3 -1- EMA 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 28 -2- 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 28 -3- Y• 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 28 -4- 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 28 -5- 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 24 // 25 26 // 27 L 28 6- 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 Sb� . 0 28 EMA -7- 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 !16 EMA /Como\ 1L1.�\\c vcr&-k ls� Y 1, `�I �l V l.l�l.y r/..L1 jcY oyl v �J cq<,raN"e 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