HomeMy WebLinkAboutCOSTA MESA, CITY OF (18) 1Su! 'N FIr A-2026-027
,
COOPERATIVE COST REIMBURSEMENT AGREEMENT
(2.) FOR FAIRVIEW STREET REHABILIATION FROM SOUTH CITY LIMIT(SUNFLOWER
Mio��WMatti;nFzi4z) AVENUE) TO ALTON AVENUE
COOPERATIVE COST REIMBURSEMENT AGREEMENT ("Agreement"), is made and entered
into this 3rd day of March, 2026, by and between the CITY OF SANTA ANA, a California
charter city ("Santa Ana"), and the CITY OF COSTA MESA, a California municipal
corporation ("Costa Mesa"). Related work on the project will include pavement grind and overlay,
reconstruction of curb median with irrigation and landscaping, curb and gutter, driveways, bus
pads,sidewalk repair, replacement of curb ramps to be in compliance with federal Americans with
Disabilities Act requirements, signing and striping,and adjustment of manholes and water valves
to grade. In this Agreement, Santa Ana and Costa Mesa may each be individually referred to as
a"Party"and collectively referred to as the "Parties."
RECITALS:
WHEREAS, Santa Ana has initiated a street rehabilitation project (the "Project") to
improve the pavement condition of Fairview Street from South City Limits(Sunflower Avenue) to
Alton Avenue.
WHEREAS, Fairview Street within the Project limits contain a portion of property within
Santa Ana and a portion of the street within the boundary of Costa Mesa; and
WHEREAS, In an effort to efficiently utilize Costa Mesa resources, Costa Mesa wishes to
improve a portion of Fairview Road within its boundary at the same time the Santa Ana Fairview
Street Rehabilitation Project are conducted; and
WHEREAS, the Parties desire to repave Fairview Street (Fairview Road in the City of
Costa Mesa),within their respective boundaries as part of the"Project".
NOW, THEREFORE, based upon the foregoing Recitals, and for good and valuable
consideration, the receipt and sufficiency of which is acknowledged by all Parties, the Parties
agree as follows:
1. Santa Ana will advertise for bids, hire a contractor, approve the work and administer the
contract for street rehabilitation.
2. Costa Mesa is responsible for funding that portion of the Project within the Costa Mesa city
limits, as set forth in Exhibit A & B, attached hereto and incorporated by this reference. Costa
Mesa will remit payment to Santa Ana within ninety (90) days of receipt of invoice evidencing
Project work performed within Costa Mesa city boundary. The total project cost for the City of
Costa Mesa under this agreement shall not exceed$96,000.00.
3. Santa Ana shall coordinate the relocation of all affected utility company facilities within the city
limits of Costa Mesa in a timely manner.
4. Santa Ana and Costa Mesa shall extend cooperation to each other and proceed under this
Agreement in good faith to facilitate timely completion of the "Project", The Parties agree that
PAGE T OF 11
when any component of this project is subject to the approval of Costa Mesa, such approval shall
not be unreasonably withheld.
5. Costa Mesa will be notified as to the official advertising dates, bid opening date,construction
start date, and overall construction schedule. Also, a representative from Costa Mesa will be
invited to attend pre-construction, Project status, and final walk through meetings.
6. Change orders for work within Costa Mesa must receive the written approval of the City
Engineer of Costa Mesa or his/her designee prior to implementation.
7.The following staff members, or as otherwise designated in writing bythe Executive Director of
Public Works of Santa Ana or City Engineer of Costa Mesa, shall be the selected representatives
of each City to act on each respective City's behalf with respect to this agreement. Any notices,
requests, approvals, plan submittals or communications shall be provided to each representative
noted below,
City of Santa Ana: City of Costa Mesa;
ATTN: Rodolfo "Rudy" Rosas, P.E. ATTN: Derek Wieske, P.E.
City Engineer Assistant City Engineer
Public Works Agency Public Works Department
20 Civic Center Plaza, M-43 77 Fair Drive
Santa Ana, CA 92701 Costa Mesa, CA 92626
Phone: (714)647.3379 Phone: (714) 754-5291
E-Mail: rrosas@santa-ana.org E-Mail: derek.wieske@costamesaca.gov
8. Santa Ana shall cause its contractor for the "Project" to guarantee the Costa Mesa
improvements against defects in workmanship and materials for a period of one(1)yearfrom the
date of acceptance by Santa Ana. It is further agreed that Santa Ana shall assume the
responsibility for causing the Costa Mesa improvements to be brought or restored to full
compliance with the requirements of the Plans and Specifications for any portion of the Project
which during said one (1) year period are found not to be in conformance with the provisions of
the Plans and Specifications.
9. The City of Santa Ana shall have its contractor provide insurance as follows:
9.1 INSURANCE AMOUNTS.Contractor shall procure and maintain for the duration of the
agreement, the following Insurance coverages;
9.2 MINIMUM SCOPE AND LIMIT OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts
and shall be at least as broad as:
Commercia
l
rali8fJili.y(GGL): Insurance Services Office Form CG 00 01 covering
CGL on "occurrence" basis, including products and completed operations, properly
damage, bodily injury and personal&advertising injury with limits no less than$2,000,000
per occurrence and $4,000,000 aggregate.
Automobile Liability(AL: Insurance Services Office Form CA 00 01 covering Code 1 (any
auto),with combined single limits of$1,000,000.In the event Contractor does not maintain
PAGE 2OF11
f
commercial automobile liability insurance, City will accept evidence of personal
automobile insurance with existing limits,which can be lower than$1,000,000.
Workers'Compensation (W/C}: as required by the State of California,with statutory limits, �
and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per
employee,per policy for bodily injury or disease.This requirement can be waived if Vendor
has no employees. i
Pollution Legal Liability and/or Errors and Omissions (PILL). With limits no less than
$1,000,000 per occurrence or claim, and$2,000,000 policy aggregate. i
If Contractor maintains broader coverage and/or higher limits than the minimums shown
above, City requires and shall be entitled to the broader coverage and/or the higher limits
maintained by Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to City.
9.3 Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CGL and AL policies: City of Santa Ana, City of Costa Mesa,their City Councils,
and their officers, officials, employees, agents, and volunteers are to be covered
as additional insureds with respect to liability arising out of work or operations
performed by or on behalf of the Permittee including materials, parts, equipment,
and personnel furnished In connection with such work or operations.
2. All required Insurance policies: Insurance company(iesy agrees to waive all
rights of subrogation against City of Santa Ana and City of Costa Mesa, their City
Councils, and their officers, officials, employees, agents, and volunteers for
losses paid under the terms of any policy which arise from work performed by
Permittee for both Cities.
3. All required insurance policies: For any claims related to this contract,
Permittee's insurance coverage shall be primary and any insurance maintained
by City of Santa Ana and City of Costa Mesa, their City Council, their officers,
officials, employees, agents, or volunteers shall not contribute with it.
4. All required insurance policies:A severability of interest provision must apply for
all the additional insureds, ensuring that Permittee's insurance shall apply
separately to each insured against whom a claim is made or suit is brought,
except with respect to the insurer's limits of liability.
b. Each insurance policy required herein shall provide that coverage shall not be
canceled, suspended,voided, reduced in coverage or in limits, non-renewed by
the carrier, or materially changed except after thirty(30) days prior written notice
has been given to City of Santa Ana and City of Costa Mesa. Ten (10)days prior
written notice shall be provided to City of Santa Ana and City of Costa Mesa for
policy cancellation or non-renewal due to non-payment.
6, Certificate Holders on each Evidence of Insurance certificate shall be: City of
Santa Ana, Attention: (Name of Department Staff Responsible for Agreement),
Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701
and City of Costa Mesa,Attention: City Engineer, Public Works Department, 77
Fair Drive, Costa Mesa, CA 92626.The name and location of event should be
included in the Description of Operations section of each certificate.
PAGE 3 OF 11
9.4 Self-Insured Retentions
Self-insured retentions must be declared to and approved by each City. Each City may
require Contractor to purchase coverage with a lower retention or provide proof of ability to
pay losses and related investigations, claim administration, and defense expenses within
the retention,
9.5 Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of
California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable
to City.
9.6 Verification of Coverage
Permittee shall fgrnish the City of Santa Ana and the City of Costa Mesa with original
Certificates of Insurance including all required amendatory endorsements(or copies of the
applicable policy language effecting coverage required by this clause) and a copy of the
Declarations and Endorsement Page of the CCL policy listing all policy endorsements to
Entity before work begins. However, failure to obtain the required documents prior to the
work beginning shall not waive Permittee"s obligation to provide them. Each City reserves
the right to require complete, certifled copies of all required insurance policies, including
endorsements required by these specifications, at any time.
9.7 Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1.The retroactive date must be shown and must be before the date of the contract or the
beginning of work.
2. Insurance must be maintained and evidence of insurance must be provided for at
least three (3)years after completion of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a retroactive date prior to the contract effective date, Company must
purchase "extended reporting"coverage for a minimum of three(3)years after
completion of work.
9.8 Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance
meeting all the requirements stated herein, and Contractor shall ensure that
Parties are additional 'Insured on insurance required from sub-contractors.
9.9 Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of
the risk, prior experience, insurer, coverage,or ether special circumstances.
10. This Agreement contains all of the agreements of the Parties regarding the Project and all
previous understandings, negotiations and agreements regarding the Project are integrated into
and superseded by this Agreement.
11. This Agreement may be amended at any time by the mutual consent of the Parties by an
instrument in writing signed by both Parties.
12. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or
PAGE 4 OF 11
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which
are hereby declared as severable and shall be interpreted to carry out the intent of the Parties
hereunder.
13. The persons executing this Agreement on behalf of the Parties hereto warrant that they are
duly authorized to execute this Agreement on behalf of said Parties and that by so executing this
Agreement the Parties hereto are formally bound to the provisions of this Agreement,
14. This Agreement shall be binding upon and shall endure to the benefit of the Parties hereto
and their respective heirs, personal representatives, successors, and assigns.
15. This Agreement may be executed by the Parties and counterparts, which counterparts shall
be construed together and have the same effect as if all of the Parties had executed the same
instrument,
16. This Agreement is to be governed by the laws of the State of California, in Orange County
California.
17. Each party agrees to defend, hold harmless, and indemnify the other as to any and all claims,
judgments, [labilities or damages for injuries and damages directly arising out of each party's own
performance under this Agreement, except to the extent such damage or expense is caused in
whole or In part by the other parVs negligence or willful misconduct,
PAGE 5 OF 11
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the
day and year first written above.
CITY OF NTA AN CITY OF COSTA MESA
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A ARO NUNEZ CECILIA GALLARDO DALY
City Manager Interim City Manager 5�
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A ATTEST: r
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N L. H LL BRENDA G EN -711 to I-W-Z 5
Clerk f th Cou cil City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
SONIA R. CARVALHO KIMBERLY HALL BARLOW
City Attorney City Atto ney
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KYLE LLESEN
,
Assis t City Attorney
RECOMMENDED FOR APPROVAL: R OMME/NDpVE�D_a FOR APPROVAL:
Rodolfo Rosa patrl]98163931-08005 InA
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e
Rodolfo Rosas,P.E. RAJA tETHURAMAN
Acting Executive Director Public Works Director
Public Works Agency
PAGE 6 OF 11
EXHIBIT A
Location Map
FAIRVIEW STREET (SOUTH CITY LIMITS TO ALT'ON)
REHABILITATION PROJECT
PAGE 7 OF I I
ALTON AVE
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MACARTHUR BLVD
CITY LIMIT
CITY OF SANTA ANA
._....... .._.._......�.._,.,... ,.._.. CITY OF COSTA MESA
SUNFLOWER AVE a
LEGEND: w
PROJECT LIMITS
EXHIBIT A i
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A
SANTA ANA PROJECT 21-6978
FAIRVIEW STREET REHABILITATION `
P WA0: FROM SOUTH CITY LIMIT TO ALTON AVENUE
LOCATION MAP
PAGE 1OFI
EXHIBIT B
City Oust Sharing Estimates
FAIRVIEW STREET (SOUTH CITY LIMITS TO ALTON)
REHABILITATION PROJECT
City of Santa Ana Cost Estimate
Table 1
City of Costa Mesa Cost Estimate
Table 2
PAGE 9 OF 11
CITY OF SANTA ANA" ProjeetNo,: 21-6978
Date Revisedt 06/11/25
Date Reviewed-
COST ESTIMATE,
h'air'vie'►w Street(Tit the City of Santa Ana)Rehabilitation
South City Limit to Alton Avenue
I'.'A'i.
t Unclassified Excavation CY 1,600 $ 384,000.00
2 AC Pavement* TN 1,200 $ 189,600.00
3 Cold Mill 2'r * SF 240,000 $ 124,800.00
4 1Aphalt Rubber Hot Mix(ARHM)* TN 3,300 $ 557 700.00
5 PCC Sidewaltc(4")* SF 5,900 $ 82,600.00
6 9"Thick PCC Pavement with Dowels SF 200 $ 4,000.00
7 PCC Driveway Approach(Commercial=8")* SF 600 $ 12,000.00
8 PCC Curb Ramp SF 400 $ 11,600.00
9 PCC Curly and Gutter(Type A-2-8)r' LF 21000 $ 164,000.00
10 JPCC Curb a B-1)(Including Steel Rebar; LF 5,000 $ 200,000.00
Colored Concrete-Brick Red,Topca8t Exposed
I 1 Aggregate Finish(T=4") SF 5200 $ 130,000.00
12 PCC Cross-Gutter(Arterial Street) SF 500 $ 14,500.00
13 Concrete Bus Pad SF 3,100 $ 170,500.00
14 ]toot Shaver' EA u8 $ 15,500.00
Furnish&Install New Water Valve Frame&Cover
15 to Finished Grade EA 22 $ 33,000.00
Furnish and Install New Wator Meter Frame&Cover
1G and Adjust to Finished Grode EA 3 $ 3,600.00
Adjust Sewer and Drainage 1vlanhole Frame&Cover
17 to Finished(bade Per•C.S.A.STD.306 Through 308 EA 4 $ 6,000.00
Adjust OCSAN Manhole Frame&Cover to Finished
I8 Grade Per STD,S�050A,5-055,and 5-055A EA 7 $ 14,000.00
19 Furnish&install Now 0 Pullbox to Finished Ca'ade EA 5 $ 7,500.00
20 Adjust Survey Monument to Finished Grade EA 2 $ 2,800.00
21 Landscaping&Irrigation LS 1 $ 432,000.00
22 Construct Parkway Culvert(Type A, LA 2 $ 18,000.00
Install Video Detection System at Fairview Street and
23 Se erstrom Avemle LS 1 $ 50,000.00
Install Video Detection System at Fairview Strcet and
24 Alton Avenue LS 1 $ 50,000.00
Install Video Detection System at Fairviow Street and
25 MacArthur Boulevard LS 1 $ 50,000.00
26 Furnish&install Traffic Loops Type E EA 12 $ 6,600.00
27 Street Furniture LS I $ 85,600.00
28 Project AdvertisemcntBign EA 2 $ 4,000.00
29 Signing&Striping LS 1 $ 198,500.00
30 Construction Permit LS 1 $ 8,400.00
Y '. 4 {I Lt]w�a H; yr1 hl/s�,rr �Y r r µ 3 r i,3' 4sf
'tt�._.a .`S_.�.
Design Engineering LAWSON $ 90 000.00
Contingency 109/a $ 303,000A0
Constnietion Engineorin 15% $ 455,000.00
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CITY OF SANTA ANA Project No.: 21-6278
Date Revised; O6111125
Date Reviewed;
COST ESTIMATE
Fairview Road(In the City of Costa Mesa)Rehabilitation
Sunflower Avenue Intersection Improvements
M1 r r i tiny 1
11 P• -If_
I
1 Cold Mill(2") SF 9,000 $ 4,680.00
2 Asphalt Rubber Hot Mix(ARHM) TN 200 $ 33,800.00
3 1PCC Curb(Type B-1)([ .Iud ng Steel Rebar) LF 265 $ 10,600.00
Colored Concrete�Brick Red,Topcast Exposed
4 Aggregate Finish(T- 4") SF 410 $ 10,300.00
5 Signing and Striping LS I I $ 15,000.00
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Desi n EnL22eeriris 5% $ 4,000.00
Project Administration 5% $ 4,000.00
Contingent 10% $ 7,000.00
Construction Engineering 10% $ 7,000.00
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�c CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY]
`—� 2119120213
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be en or-sod.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
The Baldwin Group West, LLC PHONE Michael Tran Fax
15901 Red Hill Ave, Ste 100 714 5fl5-7000 AlC No): 714 573-1770
Tustin CA 92780 It-MAIL SS: michael.tran w bib.com
INSURERS AFFORDING COVERAGE NAIC#
I icense#:OF69771 INSURER American Zurich Insurance Com 40142
INSURED ONYXPAV-01
Onyx Paving Company, Inc. INSURER a:Evanston Insurance Company 35378
22707 La Palma Ave. INSURER C:Great American Insurance Coma 16691
Yorba Linda CA 92887 INSURERD:Scottsdale Insurance Company 41297
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1735525107 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR - POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD MMIDDIYYYY LIMITS
❑ X COMMERCIAL GENERAL LIABILITY BC52DO3096 10A12025 10/1/2026 EACH OCCURRENCE $1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES ER oncurrencel $100,000
MED EXP(Any one person) $5,000
PERSONAL&ADV INJURY $1,000.000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY JEC F1 LOC
PRODUCTS-GOMPIOPAGG $2,000,000
OTHER: $
A AUTOMOBILE LIABILITY BAP106300607 1011/2025 10/1/2026 COMBINED SINGLE LIMIT $1,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED SODILV INJURY Per accident) $
AUTOS ONLY AUTOS ( 1
X H{RED X NON-OWNED PROPERTYDAMAGE
AUTOS ONLY AUTOS ONLY Per accident $
C UMBRELLALIAB X OCCUR TUE49U440203 10/1/2025 1011/2026 EACH OCCURRENCE $6,000,000
X EXCESS LIAR CLAIMS-MADE
AGOREGATE $6,000,000
DIED RETENTION$ $
A WORKERS COMPENSATION W0106300507 10/1/2025 1011/2026 X SPER TATUTE OTH AND EMPLOYERS'LIABILITY Y 1 NER
ANYPROPRIETORIPARTNERIEXECUTIVE El NIA
E.L.EACH ACCIDENT $1,000,000
OFFICEWMEMBER EXCLU DED? -
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
B Contractors Pollut€on Liability MKLV5ENV105319 10/112025 1011/2026 Aggregate $10,000,000
Occurence $5,000,000
Deductible $10,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
—Excess Policy#TUE490440203 is Excess overthe General Liability,Auto Liability,and Workers Compensation`.,
Certificate holder(s)is/are named as additional insured per the attached endorsements as required by written contract subject to the terms&conditions of the
policy:
GL Additional Insured Form#CG 20 10 12 19 and CG 20 37 12 19
GL Additional Insured State-Permits Form#CG 20 12 12 19
GL Primary and Non-Contributory Form#CG 20 01 12 19
See Attached... APPROVED
CERTIFICATE HOLDER CANCELLATION SyTu Tran Nguyen at 12:56pm.Mar 11,2026
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS.
20 Civic Center Plaza
Santa Ana CA 92707 AUTHORIZED REPRESENTATIVE
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