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Home My WebLink About25E - AGMT -COOP COSTA MESAREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 1, 2014 TITLE: COOPERATIVE AGREEMENT WITH THE CITY OF COSTA MESA FOR SUNFLOWER AVENUE IMPROVEMENTS r � CITY MANAGER 1:7 X�Zi7►�i�� i ► � r _ � ► CLERIC OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the City of Costa Mesa, subject to nonsubstantive changes approved by the City Manager and City Attorney, for the Sunflower Avenue Improvements Project, in an amount not to exceed $35,000 for the City's share of construction costs, with a City inspection and administrative cost share of $5,000, for a total not -to- exceed amount of $40,000 and term ending upon project completion. DISCUSSION The recommended action will allow the City to enter into a cooperative agreement with the City of Costa Mesa to share the cost of street improvements for Sunflower Avenue, from Avenue of the Arts to Main Street (Exhibit 1). The cost share for the City shall be approximately $35,000, with a City inspection and administrative amount of $5,000 for a total not to exceed $40,000. The City of Costa Mesa is the lead agency in design, construction, and construction management of the project. The cooperative agreement (Exhibit 2) identifies the roles and responsibilities of Costa Mesa and Santa Ana. Approximately five feet of street pavement on the north side of Sunflower Avenue is in Santa Ana. Improvements include grinding and overlaying the pavement with asphalt concrete and striping. Once completed, the improvement will extend the life of the pavement and enhance the ride quality, surface drainage, and appearance of the street. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25E -1 Cooperative Agreement with the City of Costa Mesa April 1, 2014 Page 2 FISCAL IMPACT Funds are available in the Select Street Construction Fund (Account 06917663 - 66220, Project 14- 6820). Interim Executive Director Public Works Agency EWG /ML Exhibits: 1. Location Map 2. Cooperative Agreement APPROVED AS TO FUNDS AND ACCOUNTS: �n Francisco Gutierrez Executive Director Finance and Management Services Agency 25E -2 25E -4 COOPERATIVE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CITY OF COSTA MESA FOR THE PAVEMENT REHABILITATION OF SUNFLOWER AVENUE FROM AVENUE OF THE ARTS TO MAIN STREET This cooperative agreement ( "Agreement ") is made and entered into this day of 2014, 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, COSTA MESA and SANTA ANA desire to enter into an agreement to resurface and stripe the roadway pavement on Sunflower Avenue from Avenue of the Arts to Main Street (the "PROJECT "); and, B. WHEREAS, the PROJECT is included in COSTA MESA plans titled Arterial Streets Rehabilitation Project -Costa Mesa, Contract No. 13 -08, as shown on Exhibit "A ", attached hereto and incorporated herein; and, C. WHEREAS, the PROJECT has been advertised and awarded to R.J. Noble to perform the construction work; and, D. WHEREAS, the PROJECT lies partly within the corporate and jurisdictional limits of SANTA ANA and partly within the corporate and jurisdictional limits of COSTA MESA; and, E. WHEREAS, SANTA ANA and COSTA MESA are each empowered by law to expend public monies to improve Sunflower Avenue; and, F. WHEREAS, SANTA ANA and COSTA MESA desire to accomplish all of the needed work as described herein by a single public works project in which COSTA MESA will act as the lead agency, and SANTA ANA will reimburse COSTA MESA for SANTA ANA's portion of the construction costs; and, G. WHEREAS, the total PROJECT construction cost is estimated at $933,305 as shown in Exhibit "B ", attached hereto and incorporated herein. The total estimated PROJECT construction cost will be divided between the parties as follows: COSTA MESA SANTA ANA Total Construction cost $904,754 $28,551 $933,305 Contingency (20 %) $ 5,710 Exhibit 1 25E -5 H. WHEREAS, the total PROJECT construction cost plus contingency for SANTA ANA does not exceed the total amount of $35,000 (rounded); and, I. WHEREAS, the PROJECT is declared categorically exempt from CEQA (Section 15301, Class 1 (c)). NOW, THEREFORE, the parties agree as follows: A. COSTA MESA Rights and Duties: 1. COSTA MESA shall be the lead agency for the design and construction work and shall provide all construction management. COSTA MESA shall be solely responsible for the administration and performance of the contract awarded to the contractor for the construction of the PROJECT. 2. COSTA MESA shall pay for all PROJECT design, materials testing, site survey, construction engineering and construction management. 3. COSTA MESA shall pay its proportionate share of construction cost, which is estimated in Exhibit "B" of this Agreement. 4. COSTA MESA shall notify SANTA ANA in writing of any changes, increased costs, and meetings associated with COSTA MESA's lead agency responsibilities for the PROJECT. 5. Change orders for work within SANTA ANA must receive the written approval of the Executive Director of the Public Works Agency of SANTA ANA prior to implementation, which approval shall not be unreasonably withheld. SANTA ANA shall have a minimum of five (5) working days to review and approve change orders. SANTA ANA shall have inspection authority within SANTA ANA jurisdictional boundaries and shall be notified of the progress of the PROJECT for such purposes. SANTA ANA shall also have the right to enter and inspect within COSTA MESA boundaries at all times for the purposes of overseeing COSTA MESA lead agency functions. 6. COSTA MESA shall provide SANTA ANA final record drawings for the PROJECT within 60 days of the completion and acceptance of construction. B. SANTA ANA Rights and Duties: 1. SANTA ANA shall issue a no fee permit for work within SANTA ANA. Contractor shall be required to obtain a SANTA ANA business license prior to starting work. 2. All progress payments for the PROJECT shall be reviewed by SANTA ANA. If SANTA ANA contests the progress payment, SANTA ANA shall request withholding of the payment within five (5) business days of receipt of such 2 25E -6 payment request. SANTA ANA will provide information necessary to substantiate that the required progress has not been met. 3. SANTA ANA shall pay its proportionate share of construction cost, which is estimated in Exhibit "B" of this Agreement, within thirty (30) days after receipt of an invoice from COSTA MESA. C. JOINT RIGHTS AND DUTIES: 1. In the event that expended costs for the PROJECT exceed funds listed in Exhibit "B ", SANTA ANA shall be solely responsible for obtaining the additional funding for the increased costs occurring within the jurisdictional boundary of SANTA ANA and COSTA MESA shall be solely responsible for obtaining additional funding for the increased costs occurring within the jurisdictional boundary of COSTA MESA. 2. Responsibilities, Obligations and Mutual Indemnity: a. Upon completion of the PROJECT, SANTA ANA shall accept maintenance responsibility for the portion of the PROJECT within SANTA ANA jurisdictional limits, and COSTA MESA shall accept maintenance responsibility for the portion of the PROJECT within COSTA MESA jurisdictional limits. b. Pursuant to Section 8546.7 of the California Government Code, in the event that this Agreement involves expenditures of State funds aggregating in excess of Ten Thousand Dollars ($10,000), both parties shall be subject to the examination and audit of the Auditor General of the State of California for a period of three (3) years after final payment under this Agreement. c. Neither SANTA ANA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COSTA MESA under or in connection with any work, authority, or duties delegated to COSTA MESA under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, COSTA MESA shall fully indemnify, defend and hold SANTA ANA harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by COSTA MESA under or in connection with any work, authority, or duties delegated to COSTA MESA under this Agreement. d. Neither COSTA MESA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANTA ANA under or in connection with any work, authority, or duties delegated to SANTA ANA under this Agreement. It is also understood and agreed that pursuant to 3 25E -7 Government Code Section 895.4, SANTA ANA shall fully indemnify, defend and hold COSTA MESA harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANTA ANA in connection with any work, authority, or duties delegated to SANTA ANA under this Agreement. IN WITNESS WHEREOF, COSTA MESA has caused this agreement to be executed by its Mayor 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. CITY OF SANTA ANA, a Municipal corporation of the State of California 0 David Cavazos City Manager ATTEST: Maria D. Huizar Clerk of the Council RECOMMENDED FOR APPROVAL: Edwin "William" Galvez, P.E. Interim Executive Director Public Works Agency CITY OF COSTA MESA, a municipal corporation of the State of California No Tom Hatch Chief Executive Officer ATTEST: Brenda Green City Clerk APPROVED AS TO FORM: Tom Duarte City Attorney RECOMMENDED FOR APPROVAL: Ernesto Munoz, P.E. Public Services Director C! 25E -8 »m e PLATT `\ Ll `\ HE M ROANOLN, 7RIN[W OR.?<. \ _ . URISTUL . .... . . a. w ». . } \ PARR ±R% q > . y \ \ m « I AVENUIE :» » ^ ® Q I Gm t «\ \ \ � � % 0 / A 00 k x(J) \ > \ « o ; BIRCH °y \` EXHIBIT "A" TMKIER MAN EF ` �* ----------------------- CITY OF COSTA MESA P,O, BOX 1200 • 77 FAIR DRIVE • CALIFORNIA 92625-1200 FROM THE DEPARTMENT OF PUBLIC SERVICESIENGIN EERING DIVISION TITLE: ARTERIAL STREETS REHABILITATION PROJECT -COSTA MESA CONTRACT NO.; 13.08 PROJECT COST: $933,305.00 PROJECT MANAGER: PATRICK DAUER TOTAL SS4 261 ROUNDED 35 Oe r EXHIBIT "B" PHONE: (714) 754 -5336 FAR: (714) 7545028 TDD: (7 14) 754 -5244 WWW.CAS)HttlEJ ca,Rov 25E -10 R.J. Noble Costa Mesa Santa Ana ITEM BID QUANTITY DESCRIPTION UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 1 LS MOBILI2ATION 34,000 34,000 C -974: $33,110 0.026 $890 2 89,200 SF COLD MILL (2" DEPTH $0.15 $10,880 48 200 07,290 21,000 $3,150 3 36100(I SF COLD MILL IS" DEPTH) .16 $54,150 461,000 $54,150 0 0 4 280 CY UNCLASSIFIED EXCAVATION (RDADWAYONLY FOR PARTIAL DIGOUTS UP TO B `) $34 $9,520 280 $9,520 0 $p 5 5,650 TON A5PHALTRUBBER HOT MIX: (AHRMj SURFACE COURSE 1W 9452,000 5,382 $430,560 268 $21,440 6 2,200 TON ASPHALTCONCRETE (AC) LEVELING COURSE $78 $171,600 2,200 $171,690 0, $0 7 450 TON 5 "7HICK A.C. BASE COURSE ATVARIOUS LOCATIONS FOR PARTIAL DIGOUTS AS DIRECTED OY ENGINEER .$67 $30,150 454 $30,150 0 $0 8 21 EA ADJUST MANHOLE FRAME ANDCDVER 70 GRADE $550 $11,55D 21 $11,550 0 0 9 37 EA ADJUST WATER VALVE CAN AND COVER TO I GRADE $525 $19425 37 $19,425 0 $0 10 1 FA PROJECT MANAGEMENT $75,000 $75,000 0965 1 $72404 0.035 $2596 11 1 LS TRAFFIC CONTROL $18,000 $18,000 0974 $17,525 0.026 475 12 30 EA ELUDE "FIRE HYDRANT" RAISED PAVEMENT MARKERS $11 9330 50 '4330 0 $0 713 1 LS LANE MARKINGS, LANE STR.IPES, PAVEMENT LEGENDS, AND RAISED PAVEMENT MARKERS 535,800 - $35,000 1 $35,000 0 $0 14 61 EA IPJSTALL TRAFFIC LOOP DETECTORS $209 $12,200 61 .17,200 0 0 TOTAL '933 OS 904754 $28,555 20% Cant, $5,710 TOTAL SS4 261 ROUNDED 35 Oe r EXHIBIT "B" PHONE: (714) 754 -5336 FAR: (714) 7545028 TDD: (7 14) 754 -5244 WWW.CAS)HttlEJ ca,Rov 25E -10