HomeMy WebLinkAbout04 - Coop Agrmt-Residential St Repair Phase 14REQUEST FOR
AGENCY ACTION
AGENCY BOARD MEETING DATE:
AGENCY SECRETARY USE ONLY:
SEPTEMBER 7, 2010
TITLE:
COOPERATIVE AGREEMENT -
RESIDENTIAL STREET REPAIR PHASE 14
a _~-'
EXEC IVE DIRECTOR
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~~ Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENbED ACTION
Authorize the Executive Director and Agency Secretary to execute the attached Cooperative
Agreement with the City of Santa Ana in the amount of $351,100, subject to non-substantive
changes approved by the Executive Director and Agency General Counsel.
DISCUSSION
The City's Residential Street Repair program has rebuilt neighborhood streets throughout the
City. The project provides for reconstruction of asphalt pavement and damaged concrete. Two
commercial/industrial areas within the Merged Project Area have been identified as also needing
street, curb, gutter and sidewalk rehabilitation. These projects were bid as part of Phase 14 of
the City's Residential Street Repair program for cost efficiencies.
The cooperative agreement provides for the Redevelopment Agency to fund a portion of the
costs for the construction and rehabilitation of public improvements within the Merged Project
Area.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project is exempt from
future review. Categorical Exemption Environmental Review No. 2010-73 will be filed for the
project.
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Cooperative Agreement -
Residential Street Repair Phase 14
September 7, 2010
Page 2
FISCAL IMPACT
Funds are available in the South Main Tax Allocation Bond Series 2003A Capital Projects
(accounting unit 55218830-66220).
APPROVED AS TO FUNDS AND ACCOUNTS:
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Nancy T. E ards Francisco Gutierrez ~~~
Assistant Director Executive Director
Community Development Agency Finance & Mgmt. Services Agency
CJN/NTE/mlr
Exhibit: 1. Cooperative Agreement
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COOPERATIVE AGREEMENT
FOR STREET REHABILITATION
PROJECT (PHASE 14)
THIS COOPERATIVE AGREEMENT is entered into this day of September, 2010, 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 Constittition 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
Comuuurity 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 curb, gutter and/or sidewalk rehabilitation of the following streets within
the Merged Project Area:
3`~ Street from Garfield Street to Breeden Street and Breeden Street from 3`d Street to 4°i
Street, as well as Hutton Centre Drive from Sandpointe Avenue to Hutton Centre Drive
(included within Phase 14) Street Improvements (Project No. 106730). Such work will be
referred to hereinafter as "Publicly Owned Improvements" in cormection with the
Agency's redevelopment activities within the Merged Project Area
C. The Agency is willing in cormection 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:
1. SCOPE OF WORK
The City will be contracting with the lowest and best bidder to perform Phase 14 of the
Street Improvements pursuant to plans and specifications to be prepared by the City. Phase 14 of
Project 106730 includes reconstruction of asphalt pavement and replacement of damaged concrete
EXHIBIT 1
41 3
curbs, gutter, sidewalks, cross gutters, and curb ramps on Srieets referenced above in Recital B (the
Publicly Owned Improvements). The Agency shall contribute to the rehabilitation of the Publicly
Owned Improvements in an amount not to exceed Three Hundred Fifry One Thousand One
Hundred Dollars ($351,100.00), with the breakdown of project costs as shown in Exhibit A
attached hereto and incorporated herein.
2. 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 year as the year in which the debts are incurred by the
City.
3. LIABILITY AND INDEMNIFICATION
In contemplation of the provisions of Section 895.2 of the Goverrunent Code of the State of
California imposing certain tort liability jointly upon public entities solely by reason of such entities
being parties to au 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 fill liability imposed upon it, or any of its officers, agents or employees by law for
injury caused by negligent or wrongfirl actor 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 parry indemnifies and holds harmless the
other party for any loss, costs or expense that may be unposed upon such other party solely by
virhie 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. EFFECTIVE DATE OF AGREEMENT
This Agreement shall take effect fiom and after 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 fill. This Agreement shall apply to all activities carried out by the
City as set forth in Section 1 hereto.
EXHIBIT 1
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1N WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
CITY OF SANTA ANA
By
David N. Ream
City Manager
ATTEST:
Maria D. Huizar
Secretary
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney/Agency General Counsel
By: Lisa E. Storck
Assistant City Attorney/Assistant Counsel
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA
By:
Cynthia J. Nelson
Executive Director
EXHIBIT 1
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CITY OF SANTA ANA Project No.:
By: Stephanie Camorlittga Date Revised: 08/18/10
COST ESTIMATE
HUTTON CENTRE DRIVE
SANDPOINTE AVENUE TO HUTTON.CENTRE DRIVE
NOTES: 1.3"AC over 8°CTB
2. Assume existing section is 3"AC over 6"AB over native soil.
EXHIBIT A
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\\PWA-FILE\Engineerln9\ProJeGs\Deslgnl4clive\Projecl RestoreWhase - ReconsimetlonV'hase 14 Kenny\Estimates\Hutton Ctr Or and Sandpolnte Av\Cost Estimate -
Huttonand Sandpolnte.xlsx\Hutlon Ctr 8-18-10 8/18/2010
CITY Or SANTA ANA
By: Stephanie Camorlinga
Project No.:
Date Revised: 08/27/10
COST.ESTIMATE
3RD STREET REHABILITATION/ BREEDEN STREET REHABILITATION
GARFIELD STREET TO BREEDEN STREET/ 3RD STREET TO 4TH STREET
NO STREET PAVEMENT
NOTE;
2 Assume new sidewalk where non-existing and remove and replace broken sidewalk.
3 Rail Road Track removal to include anything pertinent to the track system.
EXHIBIT A
Page 2
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K:\ProJectslDeslgnWcliveWroject RestoreV'hase - Reconslruc0on\Phase 14 Kenny\ESllmatesl3rd Street from Gadietd to Breeden SI1Cos1 Estimate-3rd Street (full
depth).xlsx\EStimate FOR - No Slreet 8/27)2010
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