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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. 2 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. 3 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 .,I 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. :! 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: '4 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. 5 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 -, I /I 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 SA/Docs/Agrnint FROM Ef