Loading...
HomeMy WebLinkAboutCOSTA MESA, CITY OF (11)AGREEMENT FOR RESURFACING AND RECONSTRUCTION OF SUNFLOWER AVENUE FROM BRISTOL STREET TO BEAR STREET THIS AGREEMENT is made and entered into this day of 1989, by the CITY OF COSTA MESA (hereinafter called 2"CIOTA MESA") and the CITY OF SANTA ANA (hereinafter called "SANTA ANA"). W I T N E S S E T H: WHEREAS, COSTA MESA and SANTA ANA desire to renovate the portion of Sunflower Avenue, hereinafter referred to as "Project", between Bristol Street and Bear Street in accordance with engineer- ing studies indicating the need for repair, reconstruction, and overlaying; and WHEREAS, the street to be improved lies partly within the corporate limits of COSTA MESA and SANTA ANA; and WHEREAS, the parties hereto desire to provide for the con- current reconstruction of portions of Sunflower Avenue within both cities and desire to pay for their proportionate share of costs thereof; NOW, THEREFORE, the parties hereto agree as follows: 1. COSTA MESA shall prepare plans and specifications for Project in accordance with standard engineering practice. SANTA ANA shall have the right of approval of said plans and specifications as they relate to the portion of Project within SANTA ANA. 2. COSTA MESA shall advertise and award the construction contract for Project in accordance with State and local laws. 3. COSTA MESA shall administer the construction contract and shall supervise all work performed. 4. Mutual Indemnity Provision: (a) COSTA MESA shall hold harmless, indemnify and defend SANTA ANA and its officers, agents and employees from and against all claims and liabilities for injury to person or property arising out of any negligent or wrongful act, error or omission of COSTA MESA or its officers, agents, or employees in the performance of this Agreement. ,r F (b) SANTA ANA shall hold harmless, indemnify and defend COSTA MESA and its officers, agents and employees from and against all claims and liabilities for injury to person or property arising out of any negligent or wrongful act, error or omission of SANTA ANA or its officers, agents, or employees in the performance of this Agreement. 5. The cost of Project shall be borne and paid for by the parties hereto in proportion to the areas actually renovated in each city respectively. The proportionate shares of the parties are pre- liminary estimated to be as follows: COSTA MESA 56% and SANTA ANA 44%. Such preliminary proportionate share shall be adjusted as necessary, with mutual approval of the City Engineers of both cities to reflect the actual costs of work done in each City. 6. COSTA MESA and SANTA ANA each agree to pay their pro- portionate share of design engineering, including deflection test analysis, survey and construction engineering costs, contract admin- istration and testings of Project. The amount that each party shall pay for said cost shall be allocated in the same proportion as used for distribution of the construction costs for Project. 7. Upon award of the construction contract to the suc- cessful bidder, COSTA MESA will forward a copy of the bid abstract to SANTA ANA together with an invoice for SANTA ANA'S estimated proportionate share of construction and design engineering costs. SANTA ANA will pay its share of funds to COSTA MESA within thirty (30) days of invoice. 8. Upon completion of Project, COSTA MESA will for- ward to SANTA ANA an itemized invoice setting forth the final con- tract costs for the construction within SANTA ANA. Said costs shall include the total amount paid to the contractor together with survey and inspection costs based upon actual charges. Appropriate funding adjustments will be made by both cities within thirty (30) days thereof. 9. Upon recordation of the Notice of Completion, each party shall maintain those improvements which remain .within its respective corporate limits. - 2 - 10. SANTA ANA and COSTA MESA do hereby waive all claims and demands against each other for any loss, damage or injury of any kind or character to any person or property, arising out of design and construction of "Project", or arising from any act or omission of both cities' respect of agents or employees, except to the extent occasioned by the sole negligence or willful misconduct of the parties or their agents or employees. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF COSTA MESA Mayor osta Mesa ATTEST: of the City s-Ca- Mesa APPROVED AS TO FORM: City Attorney of e City of Costa Mesa Project Manager -of -the --City of Costa Mesa CITY OF SANTA ANA Santa Ana Ma or b- -'t F �e-- U'i T - - of t Clerk of the i o Santa na APPROVED AS TO FORM: city; y o e City of Santa 3 CITY OF COSTA MESA CALIFORNIA 92628-120� P. Oh BOX 120O �j FROM THE OFFICE OF THE CITY CLERK City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Re: Resurfacing and Reconstruction of Sunflower Avenue From Bristol Street to Bear Street Gen tlemen: Enclosed is a fully executed agreement between the City of Santa Ana and the City of Costa Mesa, for Resurfacing and R.econ- struction of Sunflower Avenue From Bristol Street to Bear Street. The agreement was approved at the City Council meeting held on 11by 15, 1989. Very truly yours, EILEEN P. PHINNEY City Clerk Enclosure (1) CC: Engineering Division Finance Departnent 77 FAIR DRIVE (714) 754-5223 CITY COUNCIL AGENDA DATE April 3,.1989 AGRE.EMEI-ITF BETWEEN 'THE CITIES OF SANTA ABTA AND COS -VA MESA FOR SUNFILWER AVENUE RESURFACING AND RECOMMENDED, ACTION DATE OF COUNCIL ACTION APR 9Z 1989 CLERK OF THE COUNCIL 1) Approve and authorize -the Mayor and Clerk of the Council -to P-xecu-(--e an Agreement between the Cities of Santa Ana and Costa Mesa for the resurfacing and reconstruction of a portion of Sunflower Avenue,- and, 2) Approve an Appropriation Adjus b-nent, No. 162 for $200, 000 from Account No. 59-551--631 for the resurfacing and reconstruction of Sunflower Avenue. EXECUTIVE SUMMARY The City of Costa Mesa is planning to resurface and reconstruct Sunflower Avenue from Bear Street to Bristol Street. The north half of Sunflower Avenue lies within the City of Santa Ana. The City of Costa Mesa., acting as the lead agency, has requested that the City of Santa Ana participate in the resurfacing of this street segment. The Participation Agreenent sets forth the terms and conditions of our efforts with the City of Costa Mesa in the resurfacing and reconstruction of Sunflower Avenue. The estimated construction cost of that portion of the resurfacing project which lies in Santa Ana is approximately $172,945 or 44% of the total project cost. The City of Santa Ana will also be assessed a proportionate Share for preliminary design, .the preparation of plans and specifications, and con- struction engineering. An Appropriation Adjus-buent of $200,000 is requested to cover the cost of design engineering, construction engineering, and construction. Funds are available in Account No. 59-551-631. MEMORANDUM Jan Perkins /� 1 � C f Date: �rCh 16 1989 Euvid Grosse, Exec. Dir. Froni: _P_ub11Q_WUjia_hganw AA&GRDETM4EffNT BETWEEN THE CITIES OF SANTA ANA AND COSTA MESA 1DR Subject: . S11 SURF - AC. ING-AL\TD—aECOI�STRUCT-L-n � �49-41----,---.--- STATEMENT OF THE ISSUE The City of Costa Mesa is planning to resurface and reconstruct Sunflower Avenue between Bear Street and Bristol Street to rehabilitate deteriorated asphalt concrete pavement and replace a portion of broken curb and gutter. The City of Costa Mesa hired Norris-Repke, Inc., to perform -the design engi- neering for Sunflower Avenue. Since the north half of Sunflower Avenue lies within Santa Ana, the City of Costa Mesa has requested that the City of Santa Ana participate in the pro- ject. The Public Works Agency has reviewed the design concept for this pro- ject and recommends -that the City of Santa .Ana. participate with Costa Mesa in the rehabilitation of -this segment of Sunflower Avenue. As the predominant portion of this segment of Sunflower Avenue lies within Costa Mesa, the City of Costa Mesa will serve as the lead agency on -the pro- ject. The attached Participation Agreement sets forth the terms and condi-- tions of our efforts With the City of Costa Mesa in the resurfacing of Sunflower Avenue. U-ie -total construction cost for the Sunflower Avenue project is estimated at $390,785. The estimated cost of that portion of the project located in Santa Ana is approximately $172,945. In accordance with the Participation Agree- ment, projected cost estimates will be adjusted to reflect the actual quan- ti-ty of work done in each City. Since -the City of Costa Mesa requested participation from the City of Santa Ana after -the Fiscal Year 1988-89 budget was adopted, funding was not allocated. An Appropriation Adjusbnent. of $200,000 is requested to cover the cost of design engineering, construction engineering, and construction. Funds are available in Account No. 59-551-631 from the balance remaining in the Fairview Avenue resurfacing project, which was completed in September of 1988. FISCAL IMPACT The total estimated construction cost for the resurfacing and reconstruction of Sunflower Avenue from Bear Street to Bristol Street is $390,785. The City of Santa Ana's share will include design engineering, construction engineer- ing, and construction with a total estimated cost of $200,000. An ApprcpTia-- tion Adjustment No. 162 of $200,000 is requested. Funds are available in Account No. 59-551-631 from the balance remaining in the Fairview Avenue resurfacing project. 1pvc Jan Perkins -2- March 16, 1989 ALTERNATIVES CONSIDERED An alternative to the resurfacing and reconstruction of Sunflower Avenue is to delay the stork. The street is currently in a state of serious disrepair and will require extensive reconstruction. Slurry seal will not address the structural deficiencies that exist. Imlay of this project will allow fur- ther, accelerated deterioration of the pavement and result in a geometric increase in repair costs at a future date. ACTION 1) Approve and authorize the Mayor and Clerk of the Council to execute an Agreement between the Cities of Santa Ana and Costa Mesa for the resur- facing and reconstruction of a portion of ,Sunflower Avenue, and, 2) Approve an Appropriation Adjustment No. 162 for $200,000 from Account No. 59-551-631 for resurfac.i.ng and construction of Sunflower Avenue. David Grosse Executive Director Public Works Agency DG/MG/06Epmb Attachments: Participation Agreement Appropriation Adjustment (Z-,,f (2, Rod Collcm Executive Director Finance and Management Services 60A ® PROJECT L OCAT/ON NO SCAL E City Council Title; Sk"k ARA Agenda Date PPWA April 3,1989 SUNFLOWER AVENUE - BEAR ST. TO BRISTOL ST. RESURFACING