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HomeMy WebLinkAboutGARDEN GROVE, CITY OF (13)AGREEMENT THIS AGREEMENT is made and entered into this 21st day of January 1985, by and between the CITY OF SANTA ANA, a municipal corporation, hereinafter referred to as "SANTA ANA" and CITY Of' GARDEN GROVE, a municipal corporation hereinafter referred to as "GARDEN GROVE". WHEREAS, Westminster Avenue between Euclid Street and Fairview, lies partly within Santa Ana and partly within Garden Grove; and WHEREAS, GARDEN GROVE and SANTA ANA have concurred and agree that improvements and repairs of Westminster Avenue between Euclid Street and Fairview are needed. WHEREAS, the work necessary to improve and place Westminster Avenue from Euclid Street and Fairview 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 median, construction of a storm drain, installation of street lights, modification and construction of traffic signals and other miscellaneous work. 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 a single construction contract 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 is eligible for federal aid participation under the Federal Aid Urban Program which will allocate for financing approximately 86 percent of the right-of-way and construction costs; GARDEN GROVE and SANTA ANA will bear the remainder of the costs as 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 said Project shall be constructed and financed. AGREEMENT THAT PARTIES MUTUALLY AGREE AS FOLLOWS: 1. SANTA ANA is designated agent for GARDEN GROVE for the purpose of preparing environmental documentation, preliminary engineering and preparation for public hearings using a consultant where necessary. The consultant's selection if necessary shall be approved by GARDEN GROVE and he shall comply with all applicable federal aid procedures and requirements for the Federal Aid Urban Highway Program. 2. 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 2. 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. 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 aid procedures and requirements for Federal Aid Urban Highway Program. 4. SANTA ANA agrees that said plans and specifications shall meet the approval of GARDEN GROVE and that the City Engineer of GARDEN GROVE shall sign the plans prior to advertising for bids. 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 of the award and the contractor has complied with all applicable federal aid procedures and requirements of the Federal Aid Urban Highway Program. 5, GARDEN GROVE agrees to reimburse SANTA ANA seven percent of the actual amount for preliminary engineering, 3. environmental document preparation, right-of-way engineering (excluding administrative overhead) for the Project. 6. GARDEN GROVE agrees to reimburse SANTA ANA its proportionate share of the design, construction engineering and construction costs, based on the proportion of actual construction costs (within the City of Garden Grove limits) to the total construction costs determined by agreed estimated quantities of said portion multiplied by the actual bid unit price of the construction contract as follows: With respect to traffic signalization items, the pro- portion 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% split of the FAU match funds for eligible reaches of the storm drain. 7. GARDEN GROVE agrees to pay 100 percent of the City's matching share of the cost of street improvements within their jurisdiction on Westminster Avenue. 3. Progress billings may be submitted to GARDEN GROVE upon completion of the following phases: environmental assessment, right-of-way acquisition, design and construction of the Project. SANTA ANA shall present certificate and invoices for their 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 preliminary 4. engineering, environmental assessment, right-of-way engineering, design and construction engineering and the construction contract. 9. At all times during the progress of construction of said Project, GARDEN GROVE shall have access to the work for the purpose of inspection, and should GARDEN GROVE deem any remedial measures to be necessary, GARDEN GROVE shall notify SANTA ANA. 10. 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 written approval of GARDEN GROVE. 11. The City of GARDEN GROVE'S share for the preparation of environmental documentation, right-of-way acquisition, engineering, construction costs and administrative charges is estimated to be $278,000. In no event shall the City's total contribution under the Agreement exceed the amount of $300,000; provided that the City of GARDEN GROVE, at its sole discretion, hereafter in writing authorize a greater amount. 12. Upon completion of the Project's construction contract, SANTA ANA agrees to furnish GARDEN GROVE one set of "As Built" plans and a detached statement of the construction cost. 13. SANTA ANA agrees to retain or cause to be retained upon completion of the Project all records and accounts relating to the Project for the purpose of an audit by government auditor within a period of seven years from the date of acceptance. 14. Upon completion and acceptance of the Project, GARDEN GROVE agrees to accept control and maintenance of all improvements and work within their corporate boundaries. 5. 15. Indemnification and Hold Harmless A. Neither SANTA ANA nor any officer or employee thereof shall be responsible for any damage or liability occuring 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 $95.4, 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 by this Agreement. B. That 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. IN WITNESS WHEREOF, SANTA ANA has caused this Agreement to be executed by its Mayor and attested by its City Clerk and 6. 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. ATTEST: By 4C'ZyC lwe T cof the �Zoui City of Santa Ana APPROVED AS TO FORM: City Manager ATTEST: CITY O SANTA ANA By Da'niel E.^Griset Mayor of the City of Santa Ana RECOMMENDED FOR APPROVAL: a By the David H. Grosse Executive Director Public Services Agency BAityle of the ouncil. City of Garden Grove APPROVED AS TO FORM: By c ACItv torney the f Garden Grove CITY OF GARDEN GROVE ity of Garden Grove 7.