HomeMy WebLinkAboutGARDEN GROVE, CITY OF (11)AGREEMENT
THIS AGREEMENT, made and entered into this 24th day of October
1995, 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 GARDEN GROVE, a municipal corporation of the
State of California , P.O. Box 3070,, Garden Grove, California 92642, hereinafter referred
to as "GARDEN GROVE."
WHEREAS, Westminster Avenue between Euclid Street and Fairview Street, lies
partly within Santa Ana and partly within Garden Grove; and
WHEREAS, GARDEN GROVE AND SANTA ANA have concurred and agreed
that improvements and repairs of Westminster Avenue between Euclid and Fairview are
needed.
WHEREAS, the work necessary to improve and place Westminster Avenue from
Euclid Street to Fairview Street in a good state of repair will require widening the roadway,
reconstruction of the roadway structural section, construction of curb and gutters and
sidewalks, construction of raised landscaped medians, construction of storm drain systems,
installation of street lights, modification and construction of traffic signals and other
miscellaneous work. This work is hereinafter referred to as the PROJECT.
WHEREAS, GARDEN GROVE and SANTA ANA agree that it is in the best
public interest that the Project be incorporated into joint phased construction contracts and
GARDEN GROVE and SANTA ANA will benefit with less disruption to the public and
lower overall costs than from separate city construction contracts;
WHEREAS, the Project has received federal funds for right-of-way acquisition at
80 percent of the costs, and construction financing at approximately 88 percent of the costs,
GARDEN GROVE and SANTA ANA will bear the remainder of the costs set forth
herein.
WHEREAS, SANTA ANA and GARDEN GROVE shall share the responsibility
of the Project; mutually desire to cooperate and jointly participate in construction of
Project and to specify herein the terms and conditions under which Project shall be
constructed and financed.
AGREEMENT
THAT PARTIES MUTUALLY AGREE AS FOLLOWS:
1. SANTA ANA is designated as agent for GARDEN GROVE for the
purpose of performing various right-of-way services such as, but not limited to, engineering,
surveys, appraisals, negotiations and relocation assistance for right-of-way acquisition within
the boundaries of GARDEN GROVE. SANTA ANA shall conduct negotiations to acquire
property rights on each parcel until acceptance or the need for condemnation, or
GARDEN GROVE requests SANTA ANA to discontinue the acquisition process.
Acquisition files will be provided to GARDEN GROVE if it becomes necessary to acquire
any parcels by condemnation. All property acquired within GARDEN GROVE shall be
approved and accepted by the Garden Grove City Council and shall be vested in the City's
name. All settlements that vary from an approved appraisal must be authorized in
accordance with CALTRANS' acquisition procedures. Upon completion of acquisition
services and review by CALTRANS, SANTA ANA shall deliver all files and documents to
GARDEN GROVE.
2. The PROJECT has received funding in the amount of $2,662,000
Federal Funds for the right-of-way acquisition amounting approximately 80 percent of the
estimated cost of acquisition. The remaining costs associated with right-of-way acquisition
will be paid by GARDEN GROVE and SANTA ANA,
3. SANTA ANA is designated agent for GARDEN GROVE for the
purpose of preparing plans, specifications and estimates; to furnish all necessary
construction engineering services; to advertise and administer the construction of the
Project; and to comply with all applicable Federal, State, and County grant program
procedures and requirements for the PROJECT.
4. SANTA ANA agrees that prior to advertising for bids, said plans and
specifications shall be submitted for written approval of the City Engineer of GARDEN
GROVE. It is further agreed that after construction bids for the PROJECT have been
opened and reviewed, SANTA ANA may award the contract to the lowest responsible
bidder as determined by the SANTA ANA City Council, provided GARDEN GROVE has
approved the award and the contractor has complied with all applicable procedures and
requirement for the Federal, State, and County grant programs.
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5. GARDEN GROVE agrees to reimburse SANTA ANA, GARDEN
GROVE'S proportionate share of the construction engineering and construction costs,
based on the proportion of actual construction costs within the City of Garden Grove
limits.
With respect to traffic signalization items, the proportion of participation will be
based on the existing signal maintenance agreements on the date of execution of this
agreement.
With respect to storm drain construction, participation will be based upon a 50
percent split between Santa Ana and Garden Grove.
b. GARDEN GROVE agrees to pay 100 percent of GARDEN GROVE'S.
matching share of the cost of improvements within its jurisdiction on Westminster Avenue.
7. Progress billings may be submitted to GARDEN GROVE for right-of-way
acquisition and during the design and construction of the PROJECT. SANTA ANA shall
present certification and invoices for GARDEN GROVE'S share of costs to GARDEN
GROVE, and GARDEN GROVE shall reimburse SANTA ANA within thirty (30) days
following receipt of such invoices. Such invoices shall be based on the actual cost of design
and construction contract.
S. At all times during the construction of said PROJECT, GARDEN GROVE
shall have physical access to the worksite for the purpose of inspection. Should GARDEN
GROVE deem any remedial measure to be necessary, GARDEN GROVE shall notify
SANTA ANA.
9. It is understood that SANTA ANA has the right to make routine change
orders with the contractor on the work for which it is acting as 'agent for GARDEN
GROVE; provided, however, first having approval of GARDEN GROVE,
10. GARDEN GROVE shall pay Santa Ana $350,000 for design engineering
costs in preparing construction documents for the PROJECT.
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11. Construction of this PROJECT will commence in phases based on available
funding.
Phase I - Fairview Street to West Street
Phase IIA - Intersection of Westminster Avenue and Euclid Street
Phase IIB - West Street to Euclid Street
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Construction costs are currently estimated at:
Phase I - $3,812,400
Phase IIA - $ 400,000
The PROJECT has received $1.772 million in Federal Funds for Phase I amounting to
approximately 88 percent of the total PROJECT cost. The remainder of the costs will be
paid for by SANTA ANA and GARDEN GROVE proportionately. The PROJECT also
has received $548,655 Measure "M" funds from Orange County Transportation Authority
for eligible construction costs at the intersection of Harbor Boulevard and Westminster
Avenue (Phase I). Ineligible construction costs will be paid for by SANTA ANA and
GARDEN GROVE proportionately. Phase IIA of the PROJECT has received $300,000
from Growth Management Area No. 2 (GMA). Phase IIB has not been funded at this
time. A new agreement must be executed for Phase IIB when the funding becomes
available.
Construction engineering cost shall be based on a maximum of 15 percent of the
construction costs for each phase.
12. Upon completion of the Phase I and Phase IIA construction, SANTA ANA
agrees to furnish GARDEN GROVE with one set of "As Built" plans and a detailed
statement of the construction cost. SANTA ANA shall also furnish GARDEN GROVE
one set of original reproducible drawings for Phase IIB.
13. Upon completion of the PROJECT, SANTA ANA agrees to retain or cause
to be retained all records and accounts relating to the PROJECT for a period of seven
years from the date of acceptance for auditing purposes.
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14. Upon completion and acceptance of the PROJECT, GARDEN GROVE
agrees to accept control and maintenance of all improvements and work within its'
municipal boundaries except that maintenance of all landscaped medians shall be the sole
responsibility of SANTA ANA.
15. Indemnification and Hold Harmless:
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a. Neither SANTA ANA nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything
done or omitted to be done by GARDEN GROVE under or in
connection with any work authority or jurisdiction delegated to
GARDEN GROVE under this Agreement. It is also understood and
agreed, pursuant to Government Code Section 895.4, that GARDEN
GROVE shall fully indemnify and hold SANTA ANA harmless from
any liability imposed for injury (as defined by Government Code
Section 810.8) occurring by reason of anything done or omitted to be
done by GARDEN GROVE under or in connection with any work,
authority or jurisdiction delegated to GARDEN GROVE by this
Agreement.
b. Neither GARDEN GROVE nor any officer or employee thereof shall
be responsible for any damage or liability occurring by reason of
anything done or omitted to be done by SANTA ANA under or in
connection with any work, authority or jurisdiction delegated to
SANTA ANA under this Agreement. It is also understood and
agreed that pursuant to Government Code Section 895.4 SANTA
ANA shall fully indemnify and hold GARDEN GROVE harmless
from any liability imposed for injury (as defined by Government Code
Section 810.8) occurring by reason of anything done or omitted to be
done by SANTA ANA under or in connection with any work,
authority or jurisdiction delegated to SANTA ANA under this
Agreement.
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IN WITNESS WHEREOF, SANTA ANA has caused this Agreement to be executed
by its Mayor and attested by its City Clerk and GARDEN GROVE has caused this
Agreement to be executed by its Mayor and attested by its City Clerk, all thereunto duly
authorized, on the date first above written.
By
Clerk of the C6unci j4 J,-'LL
itv of S r �'
ity of Santa Ana
CITY OF SANTA ANA
LVJ
I I I
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By By — 4)2LAY-4�
City AttorncJames G. Ross
City of Santa Ana Executive Director, Public Works Agency
ATTEST: CITY OF GARDEN GROVE
By.
By
elIty ('Jerk o le Council Mayor of the City of
0 City of Giarc en Grove Garden Grove
el
By
City Ajtorney of the
City of Garden Grove
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