HomeMy WebLinkAboutGARDEN GROVE, CITY OF (10)WO�'iK MA'Y
C E [(K (1) 1- COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into this 24th day of October, 1998, by and
between the CITY OF SANTA ANA, a municipal corporation of the State of California, Post
fl 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 92842, hereinafter referred to as "GARDEN GROVE."
WHEREAS, Harbor Boulevard between Warner Avenue and Sunflower Avenue lies
within Santa Ana; and
WHEREAS, GARDEN GROVE AND SANTA ANA have concurred and agreed that
smart street improvements of Harbor Boulevard between Warner and Sunflower are needed;
and
WHEREAS, the work necessary to improve Harbor Boulevard will require the
preparation and processing of environmental and technical studies. This work is hereinafter
referred to as the PROJECT; and
WHEREAS, GARDEN GROVE and SANTA ANA agree that it is in the best public
interest that the PROJECT be incorporated into an overall effort to complete environmental and
technical studies for the Harbor Boulevard Smart Street between 1-5 and 1-405 and GARDEN
GROVE and SANTA ANA will benefit with less disruption to the public and lower overall costs
than from separate city professional services agreements; and
WHEREAS, the PROJECT has received Measure M funds for environmental work
through Growth Management Area (GMA) No. 2, but these funds can only apply within GMA
No. 2, which boundary terminates at Warner/Harbor Boulevard; and
WHEREAS, SANTA ANA and GARDEN GROVE shall share the responsibility of the
PROJECT; mutually desire to cooperate and jointly participate in the environmental work of
PROJECT and to specify herein the terms and conditions under which PROJECT shall be
financed.
AGREEMENT
THAT PARTIES MUTUALLY AGREE AS FOLLO\NS:
1. GARDEN GROVE is designated as agent for SANTA ANA for the purpose of
performing various environmental services such as, but not limited to, preliminary engineering,
environmental assessments, and technical report writing with the boundaries of SANTA ANA.
2. GARDEN GROVE is designated agent for SANTA ANA for the purpose of
preparing environmental impact reports and technical studies and requirements for the
PROJECT,
1 GARDEN GROVE agrees that environmental impact report shall be submitted for
written approval of SANTA ANA.
4. SANTA ANA agrees to reimburse GARDEN GROVE, SANTA ANA's proportionate
share of the environmental and technical studies cost, based on the proportion of actual costs
within the City of Santa Ana limits.
With respect to the environmental and technical studies, Santa Ana's participation
is estimated to cost $28,000 based on a proposal submitted by the consultant, Kimley Horn &
Associates.
5. Progress billings may be submitted to SANTA ANA. GARDEN GROVE shall
present certification and invoices for SANTA ANA's share of costs to SANTA ANA, and SANTA
ANA shall reimburse GARDEN GROVE within thirty (30) days following receipt of such invoices.
Such invoices shall be based on the actual cost of work performed for environmental and
technical studies.
6. At all times during the PROJECT, SANTA ANA shall notify GARDEN GROVE
concerning remedial measures in carrying out the environmental studies.
7. It is understood that GARDEN GROVE has the right to make changes with the
consultant on the work for which it is acting as agent for SANTA ANA; provided, however, first
having approval of SANTA ANA.
8. Upon completion of the PROJECT, GARDEN GROVE 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.
9. Indemnification and Hold Harmless:
a.. 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, pursuant to Government Code Section
895.4, that 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 by this Agreement.
b. 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 that pursuant to Government
Code Section 895.4 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 under this
Agreement.
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IN WITNESS WHEREOF, GARDEN GROVE has caused this Agreement to be
executed by its Mayor and attested by its City Clerk and SANTA ANA 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.
ATTEST
(':1?1e"2
By: By:
City Clerk of the Council 13ruce A. Broadwater
City of Garden Grove Mayor, City of Garden Grove
r
By: By:
City A�t rney p Les Jones, 11
City 0 k" arden Grove Director of Public Works
ATTEST
By:
*E�the ndil
APPROVED AS TO FORM:
By:
City Attorney
City of Santa Ana
coop-agr.doc
10/13/98
CITY OF SANTA ANA
By
Miguel A. Pulido
Mayor, City of Santa Ana
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