HomeMy WebLinkAboutCITY OF SANTA ANA AND THE COMMUNITY REDEVELOPMENT AGENCY-2008SS
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Fvar~k Nevnay,dei
FOURTH STREET
IMPROVEMENT PROJECT (PHASE II)
COOPERATIVE AGREEMENT
A-2008-035
THIS AGREEMENT is entered into this 4`h day of February, 2008, by and between the
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body
corporate and politic (the "Agency"), and the CITY OF SANTA ANA, a charter city and municipal
corporation duly organized and existing under the Constitution and laws of the State of California
(the "City").
WITNESSETH
A. The Agency is undertaking certain activities necessary for the execution of the City
of Santa Ana redevelopment projects (the "Projects") under the provisions of the California
Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) and pursuant to
the redevelopment plans for the Projects.
B. The Agency desires to contract with the City for the City to provide for the
construction and rehabilitation of public improvements projects which, in this case, will consist of
the street resurfacing and rehabilitation of Fourth Street (Phase II) Street Improvements (Project #
07-8053 and 08-8062). Such work will be referred to hereinafter as "Publicly Owned
Improvements" in connection with the Agency's redevelopment activities.
C. The Agency is willing in connection with the provision of such Publicly Owned
Improvements by the City, to pay for a portion of the total rehabilitation costs of such Publicly
Owned Improvements.
D. The City has initially paid or will initially pay for said Publicly Owned
Improvements on the condition that the Agency contribute to the costs of such rehabilitation work
on the Publicly Owned Improvements.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
SCOPE OF WORK
The City will be contracting with the lowest and best bidder to perform Phase II of the
Fourth Street Improvements pursuant to plans and specifications to be prepared by the City. The
project includes construction of new raised planters, irrigation, landscaping, decorative lighting,
pavement, replacement of damaged concrete crosswalks, wheelchair ramps, and brick sidewalks on
Fourth Street between Ross and Minter Streets (the Publicly Owned Improvements}. The Agency
shall contribute to the rehabilitation of the Publicly Owned Improvements in an amount not to
exceed Six Hundred Ninety Nine Thousand Dollars ($699,000.00), with the breakdown of proj ect
costs as shown in Exhibit A attached hereto and incorporated herein.
COMPENSATION AND METHOD OF PAYMENT
The Agency shall pay the City the actual cost incurred by the City for the Publicly Owned
Improvement rehabilitation work set forth in Section 1. The amount to be paid by the Agency
hereunder shall be paid in the same fiscal yeaz as the year in which the debts are incurred by the
City.
LIABILITY AND INDEMNIFICATION
In contemplation of the provisions of Section 895.2 of the Government Code of the State of
Califomia imposing certain tort liability jointly upon public entities solely by reason of such entities
being parties to an agreement as defined by Section 895 of said Code, the parties hereto, as between
themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will
each assume the full liability imposed upon it, or any of its officers, agents or employees by law for
injury caused by negligent or wrongful act or omission occurring in the performance of this
Agreement to the same extent that such liability would be imposed in the absence of Section 895.2
of said Code. To achieve the above-stated purpose each party indemnifies and holds harmless the
other party for any loss, costs or expense that maybe imposed upon such other party solely by
virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made
apart hereof as if fully set forth herein.
4. EFFECTNE DATE OF AGREEMENT
This Agreement shall take effect from and afrer the date of adoption and approval by the
City and the Agency pursuant to official action of the governing bodies thereof and shall be
effective for a duration not to exceed the time necessary for the City to complete the work and for
the Agency to pay the City in full. This Agreement shall apply to all activities tamed out by the
City as set forth in Section 1 hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST: CITY OF SANTA ANA
Patricia E. Healy
Clerk ofthe Council
B
David N. Ream
City Manager
ATTEST:
Patricia E. Healy
Secretary
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney/Agency General Counsel
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y: Lisa E. Storck
Assistant City Attorney/Assistant Counsel
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA
by
Stephen G. Har g
Executive Direc or
Exhibit A
Breakdown of Project Costs
Design Engineering
Construction contract
Contract Admin
Inspection and Testing
Survey Staking
Contingency (10%)
Total
Breakdown of Proiect Funds
134-149-6631
135-149-6631
93-013-6631
570-936-6631
570-933-6631
Total
UDAG
CDBG
BID
Redevelopment Agency
Redevelopment Agency
$199,424
$1,994,243
$64,133
$150,000
$85,000
$199,424
$2,692,224
$405,832.00
$1,287,392.00
$300,000.00
$614,000.00
$85,000.00
$2,692,224.00