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Home My WebLink AboutGARDEN GROVE, CITY OF (9)10, IRV' off REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT, made and entered into they day of , 1997, by and between the City of Santa Ana, a municipal corporation of the State of CaIifWiia, 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". RECITALS: WHEREAS, Garden Grove and Santa Ana desire to do a joint program of street reconstruction improvements at the location of Euclid Street between McFadden and Westminster; and WHEREAS, Euclid Street ties partly between Santa Ana and Garden Grove; and WHEREAS, this program will require reconstruction of the roadway structural section, construction of curb and gutters and sidewalks, construction of a storm drain system,,, and miscellaneous work; and WHEREAS, this project has qualified for federal funding in the amount of Four Hundred Seventy-five Thousand One Hundred Sixty Dollars ($475,160,00) for street improvement construction amounting to approximately twenty-nine percent (29%) of the total project costs. NOW, THEREFORE, Garden Grove and Santa Ana Mutually agree to undertake this joint project upon the following terms and conditions: Section 1. Scope of PrQLect. The project work will consist of street improvements and storm drain improvements on Euclid Street from McFadden Avenue to Westminster Avenue entailing the reconstruction of a roadway structural section, construction of curb and gutters and sidewalks, construction of a storm drain system, and miscellaneous related work. Plans and specifications for this project shall be prepared by Santa Ana and kept on file in the office of the Santa Ana City Engineer. Section 2. Santa Ana's Responsibilities. Santa Ana shall: A. Be responsible for the preparation of plans and specifications for the work described in Section I and the letting of the construction contract for this work pursuant to Santa Ana's public bidding rules and applicable state law; B. Act as lead agency and be responsible for full compliance with the California Environmental Quality Act ("CEQA") for the project; C. Furnish all necessary construction engineering services:, D. Comply with all applicable federal, state, and county grant program procedures and requirements for the project; E. Submit to the Garden Grove City Engineer proposed plans and specifications relating to Garden Grove's portion of street work for approval, which approval shall not be unreasonably withheld, prior to initiating the bid process; F. Submit to the Garden Grove City Engineer for approval, which approval shall not be unreasonably withheld, the proposed bid for the Garden Grove portion of the work prior to work beginning; G. Make available at all times during construction of the project physical access to the work site for the purpose of inspection. Garden Grove shall give notice to Santa Ana of any remedial measures it desires undertaken with respect to Garden Grove's portion of the work; H. Furnish to Garden Grove i) one (1) set of original reproducible drawings and ii) one (1) set of "As Built' plans and a detailed statement of construction costs; and I. Retain all records and accounts relating to the project for a period of seven (7) years from date of acceptance for auditing purposes. Section 3. Garden Grove's Obligations. Garden Grove shall; A. Reimburse Santa Ana for Garden Grove's matching share of the construction costs of the street improvements on Euclid Street, which are estimated at two percent (2%) of total project costs, or approximately Forty Thousand Dollars ($40,000.00). B. Reimburse Santa Ana for Garden Grove's matching share of construction engineering and inspections services, which shall not exceed fifteen percent (15%) of Garden Grove's participation in construction costs; and C. Reimburse Santa Ana for Garden Grove's matching share of design, engineering costs incurred in preparation of the plans and specifications, which said amount shall not exceed fifteen percent (15%) of the construction costs within the City of Garden Grove. Section 4. Change Orders Garden Grove shall be given the opportunity to review and approve, which approval shall not be unreasonably withheld, all change orders affecting Garden Grove's portion of the work. Section 5. Billing. Santa Ana may submit to Garden Grove progress billings for 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, construction contract and construction engineering. parties. Section 6. Term. The term of this Agreement shall be in full force and effective until rescinded by both Section 7. 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 Garden Grove, its elected and appointed officials, as additional named insureds on the policy certificates. Santa Ana shall indemnify and save harmless Garden Grove and its elected and appointed officials from and against all claims, demands, loss or liability of any kind which Santa Ana or its employees may sustain or incur arising out of Garden Grove, or its agents performance of its obligations under this Agreement. Garden Grove shall indemnify and save harmless Santa Ana and its elected and appointed officials from and against all claims, demands, loss or liability of any kind which Santa Ana or its employees may sustain or incur arising out of Garden Grove, or its agents performance of its obligations under this Agreement.. Section 8. 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 Garden Grove: City of Garden Grove Attention: City Manager 11222 Acacia Parkway Garden Grove, CA 92840 To Santa Ana: City of Santa Ana Attention: Michel Girgis 101 Nest Fourth Street Santa Ana, CA 92701 Section 9. Agents. 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 Part employing said contractor or subcontractors hereof, acting on behalf and within the scope of such contractor and subcontractor's employment for said Party. Section 10. Dispute Resolution. Any dispute arising under this agreement shall be resolved by use of the Judicial Arbitration and Mediation Service (JAMS). 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. CITY OF GA,4DEN:qG"ROVE By: Nfayor ATTEST: 7 By: City Clerk f 4 A D AS TO FORM: By: P7 City Attorney CITY A�NA By: or ATTEST: By: Clerk,,Xof the Council By: City Attorney APPROVED AT TO CONTENT: By( 'tity Manager Director Public Works Agency