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011 INSURANCE N07 REQUIRED
WORK MAY PROCEED
1ATC• CLERK OF COUNCIL
Return ORIGINAL
executed copy to COTC,
M-30
AMENDMENT NO.
PW (1)(k04f-1' 1MP)R; 1VE AGREEMENTTO
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 TO NEWPORT BEACH BOULVARD
A-2017-029
This AMENDMENT NO. 1 ("Amendment No. 1") to the Cooperative Agreement 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 ("Agreement") is made and entered into this
21st day of February, 2017, 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. WHEREAS, pursuant to the Agreement, SANTA ANA, agreed to advance funds to
COSTA MESA in an amount not exceeding $1,100,000.00, which amount then
represented the entire estimated cost to pay COSTA MESA's contractor on the Bristol
Street Median Project to perform that portion of the Diversion Channel Project which calls
for forced sewer main pipelines to be installed within Bristol Street between Baker Street
to Newport Boulevard; and
B. WHEREAS, pursuant to the Agreement, although SANTA ANA agreed to advance funds
sufficient to pay the entire estimated cost to pay COSTA MESA's contractor, it was further
agreed by the parties to the Agreement that COSTA MESA would reimburse SANTA
ANA up to $600,000.00, which amount represented COSTA MESA's lump sum obligation
on the Diversion Channel Project; and
C. WHEREAS, in the time since the Agreement, SANTA ANA and COSTA MESA have
learned and acknowledged that the entire estimated cost to perform the aforementioned
Diversion Channel Project work within Bristol Street is actually an estimated
$1,700,000.00; and
D. WHEREAS, both SANTA ANA and COSTA MESA now desire that, rather than COSTA
MESA reimbursing SANTA ANA the $600,000.00, COSTA MESA will contribute that
amount to the total actual estimated cost to perform the aforementioned Diversion Channel
Project work within Bristol Street; and
E. WHEREAS, to effectuate and memorialize this new arrangement, the Parties desire to
amend the Agreement.
Page 1 of 7
NOW, THEREFORE, the Parties agree to amend the Agreement as follows:
1. Recital Letter "H" shall be removed in its entirety.
2. Paragraph 2 under the heading "COSTA MESA Rights and Duties" shall be removed in its
entirety.
3. Except as expressly amended or modified by the terms of this Amendment No. 1, all terms
of the Agreement shall remain in full force and effect. In the event of a conflict between the
terms of this Amendment No. 1 and the Agreement, the terms of this Amendment No. 1
shall prevail and control.
4. The provisions of the Agreement, as amended, including the recitals, comprise all of the
terms, conditions, agreements, and representations of the parties with respect to the subject
matter hereof.
This Amendment No. 1 may be executed in one or more counterparts, each of which shall
constitute an original, but all of which taken together shall constitute one and the same
instrument.
6. The responsibilities pursuant to Section 2 (Responsibilities of Santa Ana) of the Santa Ana
Delhi Channel Diversion Project Agreement D15-013 shall apply to Costa Mesa for the
segment of the Santa Ana Delhi forced main it is constructing under a separate contract.
Once complete Costa Mesa shall provide a complete accounting of the construction costs
and shall return to the City of Santa Ana all funds not expended.
7. Each party represents and warrants that the representative signing this Amendment No. 1
on its behalf has all right and authority to bind and commit that party to the terms and
conditions of this Amendment No. 1.
IN WITNESS WHEREOF, COSTA MESA has caused this Amendment No. 1 to
be executed by its City Manager and attested by its Clerk, and SANTA ANA has caused this
Agreement to be executed by its City Manager and attested by its Clerk, all thereunto duly
authorized by the COSTA MESA City Council and the SANTA ANA City Council,
respectively.
Page 2 of 7
CITY OF COSTA MESA, a
Municipal corporation of the
State of California
Lori Ann Farrell Harrison
City Manager
APPROVED AS TO FORM:
a QL'�''
Kimberly Rall Barlow
City Attorney
ATTEST:
Brenda Gree
City Clerk
RECOMMENDED FOR APPROVAL:
Raja gethuraman
Public Services Director
Page 3 of 7
A-2017-029
CITY OF SANTA ANA, a
Municipal corporation of the
State of California
Kris ' e Ridge
T
City Manager
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
n op
Jan M. Funk
Assistant City Attorney
ATTEST:
Daisy Gomez
Clerk of the Council
FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
Page 4 of 7
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SANTA ANA DELHI DIVERSION PROJECT
Item
Description
Unit
Quantity
Unit Price
Amount
0
Project Administration
(COSA)
%
4%
n/a
$200K
1
Design Engineering
LS
1.00
$300,000
$300k
2
Permits/ROW/Easements
LS
1.00
$40,000
$40k
3
Environmental Report
LS
1.00
$50,000
$50k
4
Survey
LS
1.00
$60,000
$60k
5
Pothole
LS
1.00
$20,000
$20k
6
Site Work
LS
1.00
$950,000
$950k
7
Channel Work
LS
1.00
$1,101,000
$1,010k
8
Equipment/Discharge
each
7.00
$140000
$980k
9
14" PVC Sewer Force Main
LF
8,475.00
$240
$2,034k
10
Project Contingency
%
20%
n/a
$1,OOOk
11
Construction Management
(COSA)
ova
8%
n/a
$400k
12
Inspection & Testing
(COSA)
%
7%
n/a
$350k
13
Inspection (County)
%
1.5%
n/a
$75k
14
Survey/Construction Staking
%
3%
n/a
$130k
15
Attorney Fees
LS
1
$100,000
$100k
SANTA ANA DELHI DIVERSION PROJECT
16
O&M (20yr) &
Administration
LS
1
$1,000,000
$1,000k
17
Golf Course Lost Revenue
LS
1
$400,000
$400k
TOTAL
$9,100,000
Santa Ana Delhi Diversion Estimate Project Costs Breakdown
EXHIBIT It