HomeMy WebLinkAbout25E - AGMT CHANNEL DIVERSION PROJREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 3, 2019
TITLE:
APPROVE SECOND AMENDMENT TO
COOPERATIVE AGREEMENT FOR THE
SANTA ANA-DELHI CHANNEL DIVERSION
PROJECT AUTHORIZING REIMBURSEMENT
OF UP TO $148,500 TO THE CITY OF COSTA
MESA (PROJECT NO. 16-6467)
(STRATEGIC PLAN NO. 6, 1G)
CI MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1$1 Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager to execute a Second Amendment to the Cooperative Agreement with
the City of Costa Mesa for the Santa Ana -Delhi Channel Diversion Project, authorizing
reimbursement of up to $148,500 to the City of Costa Mesa for costs associated with constructing
an underground segment of the Santa Ana -Delhi Channel Diversion Project, located on Bristol
Street from Baker Street to Newport Boulevard, subject to non -substantive changes approved by
the City Manager and the City Attorney.
DISCUSSION
The Santa Ana -Delhi Channel Diversion Project (Delhi Project) is a regional collaboration
between the County of Orange, the Orange County Flood Control District, and the Cities of Santa
Ana, Costa Mesa, and Newport Beach (Funding Partners). The City of Santa Ana is functioning
as the lead agency. The goal of the Delhi Project is to improve the water quality in Newport Bay
and increase regional groundwater supplies. Completion of the Delhi Project will also help Santa
Ana meet federal storm water program requirements mandated by the California State Water
Resources Control Board.
The Delhi Project will install a forced main in Costa Mesa to divert low -flow storm water to the
Orange County Sanitation District treatment plant. Costa Mesa is the lead for the last phase of
the project, which includes installing a portion of the forced main within Caltrans right-of-way on
Bristol Street under the SR-55 and SR-73 freeways. This phase of the project was recently
awarded by Costa Mesa and additional funds are needed to complete these improvements.
Amendment No. 2 to the Cooperative Agreement (Exhibit 1) authorizes Santa Ana to reimburse
Costa Mesa up to $148,500 for costs associated with the project. Pursuant to the Delhi Project
master agreement, the costs will be shared proportionally by the funding partners.
25E-1
Amendment No. 2 - Cooperative Agreement with the City of Costa Mesa
Santa Ana -Delhi Channel Diversion Project
September 3, 2019
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities &
Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City
assets), Strategy G (develop and implement the City's Capital Improvement Program in
coordination with the Community Investment Plan - e.g., neighborhood streets, traffic
improvements, etc.).
ENVIRONMENTAL IMPACT
No environmental impact is associated with this action.
FISCAL IMPACT
The contribution of $148,500 to Costa Mesa will be paid as outlined below, with the City receiving
reimbursement for $94,185 of contributions from the other 3 agencies listed. The City's net
contribution is $54,315, which has been included in the FY 2019/20 budget.
FUNDINGPARTNER
City of Santa Ana
ACCOUNTAMOUNT
05717640-62300
$54,315
OC Flood Control District & County of Orange
05717660-66220
$45,734
City of Newport Beach
05717660-66220
$42,869
Irvine Ranch Water District
05717660-66220
$5,582
TOTAL
$148,500
APPROVED AS TO FUNDS AND ACCOUNTS:
Fuad S. weiss, PE, PLS Kathryn Downs, CPA
Executiv Director Executive Director
Public W rks Agency Finance and Management Services Agency
FSS/TC/RA
Exhibit: 1. Amendment No. 2 to Cooperative Agreement with City of Costa Mesa
25E-2
EXHIBIT 1
AMENDMENT NUMBER TWO
TO COOPERATIVE AGREEMENT NO. A-2016-092
BETWEEN THE CITY OF SANTA ANA AND THE CITY OF COSTA MESA
FOR THE CONSTRUCTION OF THE SANTA ANA DELHI DIVERSION
FORCED SEWER MAIN UNDER BRISTOL STREET FROM
BAKER STREET TO NEWPORT BOULEVARD
This Amendment Number Two ("Amendment") is made and entered into this 3rd day of
September, 2019 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal
corporation ("COSTA MESA"), and the CITY OF SANTA ANA, a municipal corporation ("SANTA
ANA").
RECITALS:
A. COSTA MESA and SANTA ANA entered into Cooperative Agreement No. A-2016-092
("Agreement") on May 18, 2016 for the construction of the Santa Ana Delhi diversion
forced sewer main pipeline under Bristol Street from Baker Street to Newport Boulevard
(the "Project"); and
B. Pursuant to the Agreement, SANTA ANA committed to contribute $1,100,000.00 toward
the Project; and
C. Due to delays caused by the requirement that the cities obtain Caltrans encroachment
permits in connection with the Project, COSTA MESA removed the installation of the
diversion sewer main pipelines within the Caltrans right-of-way from the scope of work on
COSTA MESA's Bristol Street Median Project, which postponed the installation of the
forced sewer main pipeline; and
D. COSTA MESA and SANTA ANA have now secured the required encroachment permits
from Caltrans, and COSTA MESA has awarded a construction contract to Gwinco
Incorporated for Phase II of COSTA MESA's Santa Ana Delhi Channel Diversion Pipeline
Project, which includes installation of the forced sewer main pipeline; and
E. The cost to install the forced sewer main pipeline exceeds the amount initially
contemplated by approximately One Hundred Forty -Eight Thousand Five Hundred Dollars
($148,500.00); and
F. SANTA ANA has agreed to reimburse COSTA MESA One Hundred Forty -Eight Thousand
Five Hundred Dollars ($148,500.00) for such cost;
G. SANTA ANA and COSTA MESA desire to amend the Agreement accordingly.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
Rev. 11-16
A new subsection 4 shall be added to Section B as follows:
4. In addition to the Advanced Expended Funds set forth herein, SANTA ANA
agrees to reimburse COSTA MESA up to One Hundred Forty -Eight Thousand
Five Hundred Dollars ($148,500.00) for costs associated with the installation
Cooperative Agreement No. A-2016-092
Amendment Two
25E-3
of the forced sewer main pipeline. SANTA ANA shall reimburse COSTA MESA
for such costs within thirty (30) days of receipt of an invoice from COSTA MESA
detailing the work performed and the costs associated with same.
2. All terms not defined herein shall have the same meaning and use as set forth in
the Agreement.
3. All other terms, conditions, and provisions of the Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, COSTA MESA and SANTA ANA have caused this Amendment
to be executed by and through their respective authorized officers, as of the date first written
above.
CITY OF COSTA MESA,
A municipal corporation
Lori Ann Farrell Harrison
City Manager
ATTEST:
Brenda Green
City Clerk
CITY OF SANTA ANA,
A municipal corporation
Kristine Ridge
City Manager
RECOMMENDED FOR APPROVAL:
Fuad S. Sweiss, PE, PLS
Executive Director
Public Works Agency
Rev. 11-16
APPROVED AS TO FORM:
Kimberly Hall Barlow
City Attorney
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By. '�'. -f.L
hn Funk
Assistant City Attorney
2
Cooperative Agreement No. A-2016-092
Amendment Two
25E-4