HomeMy WebLinkAboutCOSTA MESA, CITY OF (13)FOR O OF +IMPROVEMENT
AT THE RAILROAD ON SUNFLOWE
i
This agreement is made and entered into this 0w61 day of j,.
1999, by and between the City of Costa Mesa, a municipal corporation, ("Costa
Mesa") and the City of Santa Ana, a municipal corporation, ("Santa Ana").
WIT J'ESSETH:
WHEREAS, Union Pacific Railroad Company has received federal funds under
the 1991 Intermodal Surface Transportation Efficiency Act to improve crossing
warning devices on Sunflower Avenue (the "PROJECT");
WHEREAS, the federal government's share of the PROJECT is 90'°i°a of the
total amount, not to exceed $3 1,01 1;
WHEREAS, Caltrans is acting on the federal government's behalf to
administer the funding;
WHEREAS, the PROJECT will be constructed by the Union Pacific Railroad
Company based on a service contract and Notice to Proceed issued by Caltrans;.
WHEREAS, the cities of Costa Mesa and Santa Ana desire that the safety
improvements be implemented at the railroad crossing on Sunflower Avenue;
WHEREAS, Costa Mesa has been designated as the "LOCAL AGENCY" for
the PROJECT and has entered into an agreement with Caltrans to fund the required
local match of ten percent of the PROJECT"s cost; and
WHEREAS, Santa Ana agrees to reimburse Costa Mesa for 50% of Costa
Mesa"s required local match.
NOW, THEREFORE, the parties agree as follows:
1. Santa Ana shall reimburse Costa Mesa for 50% of Costa Mesa's
required local match of 10% of the PROJECT's cost not to exceed
$321,01 1 .
2. Upon completion of the PROJECT, Costa Mesa will forward to Santa
Ana an invoice for Santa Ana's share of the local match based on the actual
cost of construction, provided however, in no event shall Santa Ana's share
exceed $16,050.55,
3. Santa Ana shall indemnify, defend and save harmless Costa Mesa
from and against all claims, demands, losses or liability of any kind, including
reasonable attorney's fees in connection therewith, that are asserted against
Costa Mesa arising out of the negligent acts or omissions of Santa Ana in
performance of its obligations under the PROJECT.
Costa Mesa shall indemnify, defend and save harmless Santa Ana from and
against all claims, demands, losses or liability of any kind, including
reasonable attorney's fees in connection therewith, that are asserted against
Santa Ana arising out of the negligent acts or omissions of Costa Mesa in
performance of its obligations under the PROJECT.
K
IN WITNESS WHEREOF, the parties herein have executed this Agreement on
the day and year first above written,
CITY O�F SANTA ANA
By:
Mayor
By,
�ayor
By: Bye i
V/Clerk of the Council DepL4y City Clerk
By
or city, 2t�
By:
D
'U ( �
City Attorney
3
%cation
CITY COUNCIL MEETING DATE:
TITLE:
REIMBURSEMENT AGREEMENT WITH
CITY OF' COSTA MESA FOR
RAILROAD CROSSING
IMPROVEMENTS ON SUNFLOWER
AVENUE ) --
V/
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
M115111NOW
E]
As Recornmended
El
As Amended
El
Ordinance on V4 Reading
El
Ordinance on 2 ,d Reading
FA
Irnplementing Resolution
El
Set Public Hearing For_
CONTINUED TO
FILE NUMBER
L L-a-l-LL-11 -L----
Direct the City Attorney to prepare and authorize the Mayor and Clerk of
the Council to execute an agreement with the City of Costa Mesa to
reimburse the City of Costa Mesa for Santa Ana's share of the railroad
crossing improvements on Sunflower Avenue, at a cost of $16,050.55.
The Union Pacific Railroad Company has received Federal funds in the
amount of $321,011 under the 1991 Intermodal Surface Transportation
Efficiency Act for a project to improve the railroad crossing warning
devices on Sunflower Avenue west of Susan Street. This amount is equal to
ninety percent of the project cost. The remaining ten percent is to be
shared equally between the Cities of Santa Ana and Costa Mesa, since the
railroad crossing is located in both cities.
The City of Costa Mesa is the lead agency for this project and has funded
the local match. This agreement will provide reimbursement to the City of
Costa Mesa in the amount of $16,050.55 to cover Santa Ana's matching
share of the project.
1V&3V-AM4
Funding for City of Santa Ana
in Measure M Funding For Street
""James G. Ross
Executive Director
Public Works Agency
7-19-99 RFCA Ccjsta Mesa(vn)
matching share of $16,050.55 is available
Construction (account no. 32-551-6631).
1-52
god R.'Coloma
Executive Director
Finance & Mgmt. Services Agency