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<br /> <br /> ATTACHMENT <br /> Contract Award for Westminster Avenue <br /> Sewer Improvements <br /> June 17, 2013 <br /> <br /> Exhibit 2 <br /> WESTMINSTER AVENUE SEWER PROJECT CONSTRUCTION <br /> AND <br /> REIMBURSEMENT AGREEMENT <br /> This WESTMINSTER AVENUE SEWER PROJECT CONSTRUCTION AND <br /> REIMBURSEMENT AGREEMENT (this "Agreement") is made and entered into by and <br /> between the Garden Grove Sanitary District, a subsidiary district of the City of Garden Grove <br /> ("District"), and the City of Santa Ana, a municipal corporation ("City"). District and City are <br /> sometimes individually referred to as each "Party" and collectively referred to as the "Parties" <br /> RECITALS <br /> A. City and District jointly use and share capacity rights in certain sewerage facilities <br /> located in Westminster Avenue, which shared sewerage facilities are owned, operated <br /> and maintained by each Party within its respective territorial jurisdiction, all in <br /> accordance with that certain Agreement for Joint Use of Sewerage Facilities in effect <br /> between the Parties. <br /> B. In order to mitigate the risk of sanitary sewer overflows and to provide adequate peak <br /> flow capacity in these shared sewers, the Parties have determined that it is necessary to <br /> construct new sewerage facilities in Westminster Avenue between Harbor Boulevard and <br /> Nancy Lane to transport wastewater at the estimated ultimate capacity of both the <br /> City and District. The design and construction of these new shared sewerage <br /> facilities is referred to in this Agreement as the "Westminster Avenue Sewer <br /> Project." <br /> C. The new shared sewerage facilities to be constructed pursuant to the Westminster <br /> Avenue Sewer Project will be located in portions of both City's and District's territorial <br /> jurisdictions. Notwithstanding the provisions of the for Joint Use of Sewerage Facilities <br /> providing for each Party to be responsible for the design and construction of new and <br /> replacement shared sewer facilities within each Party's respective jurisdiction, City and <br /> District have determined it is in the best interests of both parties for City to design and <br /> construct the entire Westminster Avenue Sewer Project and for District to reimburse City <br /> for District's fair share proportionate cost of such design and construction. <br /> D. City has prepared, and District has reviewed and approved, the plans and specifications <br /> for construction of the Westminster Avenue Sewer Project (referred to internally by City <br /> as "Project No. 12-6605 Westminster Avenue Sewer Main Improvements"), which plans <br /> and specifications incorporated into this Agreement by reference ("the Plans and <br /> Specifications"). <br /> E. The Parties' respective fair share proportion of the cost of the Westminster Avenue Sewer <br /> Project is based on the Parties' respective estimated ultimate average flows from the areas <br /> tributary to the segments of the shared sewers to be constructed as part of the <br /> Westminster Avenue Sewer Project, which tributary areas are depicted on Exhibit "A" <br /> attached hereto, and which flows are prorated as calculated and shown on Exhibit "B" <br /> attached hereto. <br /> F. The estimated total final cost of the Westminster Avenue Sewer Project, including <br /> engineering and construction costs is One Million Five Hundred Twenty Thousand <br /> l <br /> 912756.1 <br /> Exhibit 2 <br /> <br /> 23A-7 <br />