HomeMy WebLinkAbout20A - AA - AGMT DELHI PROJECTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2017
TITLE:
AMENDMENT NO. 1 TO COOPERATIVE
AGREEMENT WITH THE CITY OF COSTA
MESA FOR THE SANTA ANA DELHI
DIVERSION PROJECT
(NONGENERAL FUND)
(PROJECT NO. 16-6467)
{STRATEGIC PLAN NO. 6, 1G)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on tat Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute Amendment No. 1 to Cooperative
Agreement with the City of Costa Mesa, authorizing Costa Mesa's $600,000 contribution to the Santa
Ana Delhi Diversion Channel project to be utilized for constructing an underground segment of the
Santa Ana Delhi Diversion Project, located on Bristol Street from Baker Street to Newport Boulevard.
2. Approve an Appropriation Adjustment to reverse the appropriated anticipated revenues from the City
of Costa Mesa, in the Federal Clean Water Protection Enterprise Fund, in the amount of $600,000.
DISCUSSION
The Santa Ana -Delhi Channel Diversion Project (Delhi Project) is a regional collaboration between the
County of Orange, the Orange County Flood Control District, and the Cities of Santa Ana, Costa Mesa,
Newport Beach (Funding Partners). The City of Santa Ana is functioning as the lead agency. The goal of
the Delhi Project is to improve the water quality in Newport Bay and increase regional groundwater
supplies. Completion of the Delhi Project will also help Santa Ana meet federal storm water program
requirements mandated by the California State Water Resources Control Board.
The Delhi Project will install a forced main in Costa Mesa to divert low -flow storm water to the Orange
County Sanitation District treatment plant. A portion of the forced main falls within the limits of a current
Costa Mesa Project. To take advantage of the cost savings of building the projects concurrently, Council
approved a cooperative agreement between Santa Ana and Costa Mesa to include this work in the Costa
Mesa Project with funding provided by the Delhi Project (Exhibit 1). The cooperative agreement
authorized Costa Mesa to build the underground portion of the Delhi Project within Costa Mesa's Bristol
Street Median for $1,100,000 (Delhi Project/Costa Mesa Segment). This project cost was based on an
engineer's estimate prior to construction bids. However, after receiving the construction bids, the cost to
construct Delhi Project/Costa Mesa Segment is actually $1,700,000.
The funding plan for the Delhi Project required Costa Mesa to forward its $600,000 share of the project
funding by January 31, 2017. However, since the previous expenditure authorization for the Delhi
Project/Costa Mesa Segment ($1,100,000) and Costa Mesa's Delhi Project fair share portion ($600,000)
20A-1
Amendment No. 1 - Cooperative Agreement with Costa Mesa for Delhi Diversion Project
February 21, 2017
Page 2
are sufficient to cover the construction bid of $1,700,000, Santa Ana staff recommends executing
Amendment No. 1 to the Cooperative Agreement (Exhibit 2), authorizing Costa Mesa to use its share of
the Delhi Project funding to directly cover the revised construction costs. The amendment also confirms
that Costa Mesa will provide Santa Ana with the construction and accounting records for the Delhi/Costa
Mesa Segment. Additionally, any unspent funds and/or interest earnings will be reimbursed to Santa Ana
to replenish the Delhi Project fund. This recommendation is supported by the Delhi Project Funding
Partners.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure,
Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G
(develop and implement the City's Capital Improvement Program in coordination with the Community
Investment and Deferred Maintenance Plans).
ENVIRONMENTAL IMPACT
No environment impact is associated with this action.
FISCAL IMPACT
The cooperative agreement between Santa Ana and Costa Mesa, approved by Council on April 19, 2016,
authorized an advance of $1,100,000 from the Delhi Project funds for construction of the Delhi/Costa
Mesa Segment. Initially, this advance was to be comprised solely of Santa Ana's share of the Delhi
Project funding. However, now that the Delhi Project Cooperative Agreement is in place, the allocation will
come from all of the Funding Partners, as identified in the revised Delhi Channel Diversion Project
Estimated Spending Plan (Exhibit 3) and summarized as follows:
City of Santa Ana
05717640-62300
402,331
OC Flood Control District & County of Orange
05717660-66220
338,773
City of Newport Beach
05717660-66220
317,546
Irvine Ranch Water District
05717660-66220
41,350
TOTAL
$1,100,000
The Appropriation Adjustment that was approved as part of the April 19, 2016, Council action will be
amended to reverse the anticipated $600,000 in revenue from the City of Costa Mesa. The new
Appropriation Adjustment that is being requested will reverse $600,000 from the Expense Reimbursement
from City of Costa Mesa revenue account (No. 05717002-57013) and unappropriate the same amount
from the Federal Clean Water Protection Enterprise expense account (No. 05717640-66220). The
$500,000 originally appropriated from Federal Clean Water Protection Enterprise funds is now
programmed for expenditure on the Delhi Project in FY 2017-18.
20A-2
Amendment No. 1
February 21, 2017
Page 3
- Cooperative Agreement with Costa Mesa for Delhi Diversion Project
to =
FrO Mousavipour V
Executive Director
Public Works Agency
FM/EWG/TC
APPPPVED AS TO FUNDS & ACCOUNTS:
a
Francis& Gutierrez
Executive Director I'G%
Finance & Management Services Agency
Exhibit: 1. Cooperative Agreement with City of Costa Mesa dated May 18, 2016
2. Amendment No. 1 to Cooperative Agreement with City of Costa Mesa
3. Delhi Channel Diversion Project Estimated Spending Plan (Revised)
20A-3
20A-4
A-2016.092
COOPERATIVE AGREEMLNT 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 BRIS'T'OL STREET FROM
BAKER TO NEWPORT BEACH BOULVARD
This cooperative agreement ("Agreement") is made and entered into this � day of
--WW--�4-- 2016, by and between the CI'T'Y OF COSTA MESA, a municipal
eorporatton ("COSTA MESA"), and the CITY OF SANTA ANA, a municipal corporation
("SANTA ANA").
RECITALS;
A. WHEREAS, the City of Sama.Ana, Orange County Flood Control District, the County of
Orange, the City of Newport Beach, the City of Costa Mesa, and the Irvine Ranch Water
District are all parties to a separate agreement for the construction, maintenance, and
operation of the Santa Ana Delhi -Diversion Channel Project ("Diversion Channel
Project"); which is a collaborative effort to address regional water quality issues, and
B. WHEREAS, one aspect of the Diversion Channel Project's proposed plan is to install,
operate, and maintain forced sewer main pipelines within public street right-of-way of
COSTA MESA, and
C. WHEREAS, COSTA MESA agreed to contribute to the Diversion Channel Project a lump
sum amount of $600,000, and
D. WHEREAS, in a separate and different project to begin before construction of the
Diversion Channel Project, COSTA MESA will 'hire its own contractor to perform certain
work in the median on .Bristol Street within the city of COSTA MESA ("Bristol Street
Median Project"), and
E, WHEREAS, to benefit the Diversion Channel Project in terms of time and cost savings,
COSTA MESA is agreeable to having its contractor for the Bristol Street Median Project,
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;
as shown in Exhibit A, and
F. WHEREAS, COSTA MESA desires, therefore, that COSTA MESA'S lump sum financial
obligation to the Diversion Channel Project be offset by the cost of work performed by its
contractor on the Bristol. Street Median Project related to installing the forced sewer nxain
pipeline, and
G. WHEREAS, SANTA ANA is agreeable to advancing to COSTA MESA the fiends required
to cover the costs incurred by COSTA MESA to pay its contractor on the Bristol Street
M'edian?rojoct to install the forcod sewer main,pip.eline ("Advanced Expended Funds");
Pate I of 12
EXHIBIT 1
20A-5
as specified, in Exhibit B; and
A.
1
H. WHEREAS; COSTA MESA. shall reimburse SANTA ANA without interest the Advanced
Expended Funds on or before January 31; 2017, and
1. WHEREAS, the Diversion Channel Project is being designed by SANTA ANA., including
that portion to be constructed and installed by COSTA MESA'S contractor on the Bristol
Street Median Project, as drown in Exhibit "A,", attached hereto and, incorporated by -this
refer®n06; and
J. WHEREAS, for purposes of regulatory environinental review, SANTA ANA is the lead
agency on the Diversion Channel Project and COSTA MESA is the lead agency on the
Bristol Street Median Proj cot, and
K. WHEREAS, that portion of the Diversion Charnel Project that is being constructed and
installed by COSTA MESA'S contractor as part of the Bristol Street Median Project is
declared by SANTA ANA to be categorically exempt under Section 15301 of the
California Environmental Quality Act (CEQA) Guidelines — Class 1(e), (Existing
Highways and Streets, Sidewalks, Gutters, Bicycle and Pedestrian Trails, and similar
Facilities).
NOW, THEREFORE, the parties agree as follows;
A. COSTA MESA Rights and Duties;
I. COSTA MESA shall be the lead agency for construction of the Bristol Median Project
and shall incorporate into said project, construction of that portion of the Diversion
Channel Project to be constructed and installed by COSTA MESA'S contractor on the
Bristol Street Median Project, as shown in Exhibit "A" ("Forced Sewer Main
Pipeline") COSTA MESA 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 Bristol Median Project
and Forced Sewer Main Pipeline.
COSTA MESA shall use the Advanced Expended Funds, in the amount not to exceed
$I,10o,000.00, for the sole purpose of, paying for construction and construction
management costs associated with installation of the Forced Sewer Main Pipeline, Na
work on the Forced Sewer Main Pipeline shall commence until the Santa Ana-DeN
Channel Diversion Project Agreement DIS -013 has been approved by all of the
Funding Partners, within that agreement, In the event that the Agreement D15-13 isnot
approved by all of the Funding Partners or, after approval it is later determined that the
Diversion Channel will not go forward for any reason, COSTA MESA shall reimburse
SANTA ANA tho $1,100,040.00 within forty five (45) calendar days of said
determination; provided however, if such a determination is made after COSTA
MESA's contractor has already completed work on the Forced Sewer Main Pipeline,
then COSTA MESA shall withhold from reimbursement the actual costs of
Page 2 of 12
20A-6
construction/installation of the Forced Sewer Main Pipeline; and if such determination
is made before construction begins, but after COSTA MESA'S contractor bid for and
was awarded the contract, then COSTA MESA shall withhold from reimbursement the
costs incurred by its contractor to secure the award of contract for the Forced Sewer
Main Pipeline work that will not be going forward and for related claims by the
contractor,
2. COSTA MESA shall reimburse SANTA ANA, without interest, the COSTA MESA's
portion of the Advanced Expended Funds of $600,000 on or before January 31, 2017.
Change orders associated with the Forced Sewer Main Pipeline must receive the
written approval of the City Engineer of SANTA ANA prior to implementation, which
approval shall not be unreasonably withhold. SANTA ANA shall have a minimum of
five (5) working days to review and approve change orders.
4, COSTA 'MESA shall provide SANTA ANA final record drawings for the Forced
Sewer Main Pipeline portion of the Bristol Median Project within sixty (60) days of the
completion and acceptance of construction.
B. SANTA ANA Riehts and Duties:
1, SANTA ANA shall have the right to enter and inspect the Forced Sewer Main
Pipeline and the Bristol Median Project at all times for the purposes of overseeing
COSTA MESA; lead agency 'functions and the work being performed by COSTA
MESA's contractor, provided however, SANTA ANA shall indemnify, defend, and
hold harmless COSTA MESA from any and all claims of damages or injury to
SANTA ANA representatives while on the project premises
2. SANTA ANA shall transfer and give to COSTA MESA within thirty (30) days of
the effective date of this Agreement, the Advanced Expended Funds totaling Ono
Million and One Hundred Thousand Dollars ($1,100,000,00).
3. SANTA ANA shall review all requests for progress payments for the Formed Sewer
Main Pipeline; and shall approve or disapprove said request with five (5) business
days of receipt of same by SANTA ANA, SANTA ANA shall timely provide
necessary information and/or documents to substantiate its disapproval of a progress
payment request.
C. JOINT RIGHTS AND PUTIES':
1. Responsibilities, Obligations and Mutual Indemnity;
a, GOVERNING LAW & VENUE , This Agreement shall, be governed by and
construed under the laws of the State of California. In the event of any legal action
to enforce or interpret this Agreement, the solo and exclusive venue shall be a court
Page 3 of 12
20A-7
K
of competent jurisdiction located in Orange County, California, and the Parties
hereto agree to and do hereby submit to the jurisdiction of such court,
notwithstanding the provisions of Code of Civil Procedure Section 394, The
Parties agree to waive any and all rights to request that an action be transferred for
trial to another County,
b. NOTICES - Any notice or other written instrument required or permitted by this
Agreement to be, given, to any Parley shall be deemed received :When personally
scrved.or transmitted by fsesinnile, or, forty-eight (48) hours alter being deposited in
the US, Mail, postage prepaid, First Class or certified, and addressed as follows:
City of Santa Anna
City of Costa Mesa
one Chesanek
Baltazar Mojia
principal Civil. Engineer.
Actin City Engineer
20 Civic Center Plaza, M-22
P,O. Box 1988
Santa Ana, CA 92702
Public Services
77 Pair Drive, 4th Floor
Costa, Mesa, CA. 92626
c. ATTORNEYS' FEES - In the event suit is brought by any Party to enforce the
terms and provisions of this Agreement, or to secure die performance hereof, each
Party shall bear its own attorneys' tees.
FORCE MAJEURE - Except for the payment of money, no Party shall be liable for
any delays or other non-performance resulting from circumstances or causes
beyond its reasonable control, including, without limitation, fire or other casualty,
Acts of God, strike or labor dispute, war or other violence, acts of third parties not
within. either Party's reasonable control or any law, order or requirement of any
govermnental agency or authority.
d: WAIVER - A waiver of a breach of the covenants, conditions or obligations under
this Agreement by either Party shall not be construed as a waiver of any succeeding
breach of the same or other covenants, conditions or obligations of this Agreement.
e: MODIFICATION — Any alterations, changes or modifications to this Agreement
shall be in the form of a written amendment, which shall be signed by each Party.
E ASSIGNMENT - No Party shall assign its performance of this Agreement, nor any
part thereof, without the prior written consent of the non -assigning Party, Any
assignment made in violation of this section shall be null and void.
g, INDEMNIFICATION BY SANTA ANA: SANTA ANA shall indemnify, defend
and hold COSTA MESA, its officers, agents and employees, harmless from any
expense, liability or claim for death, injury, loss, damage or expense to persons or
property which may arise or is claimed to have arisen as a result of any acts
performed by SANTA ANA, its officers, agents, or employees, with respect to the
Project, save and except to the extent such expense, liability or claim is proximately
Page 4 of 12
20A-8
caused in whole or in part by any negligence of the SANTA ANA, or by their
respective officers, agents or employees, or by any act or omission for which
SANTA ANA, or their respective officers, agents or employees are liable without
fault.
h. INDEMNIFICATION BY COSTA MESA: COSTA MESA shall indemnify,
defend and hold SANTA ANA, its officers, agents' and employees, harmless from
any expense, liability or claim for death, injury, loss, damage or expense to persons
or property which may arise or is claimed to have arisen as a result of any acts
performed by COSTA MESA, its officers, agents, or employees, with respect to
the Project,save and except to the extent such expense, liability or claim is
proximately caused in whole or in pant by any negligence of, the COSTA MESA,
or by their respective officers, agents or employees, or by any act or omission for
which COSTA MESA, or their respective officers, agents or employees are liable
without fault,
TERMINATION - Either Party may terminate this Agreement upon the other
Party's failure to, comply with any term or condition of this Agreement, as long as
the terminating party is not in default of any term or condition of this Agreement,
To initiate termination, the terminating party must provide the defaulting party with
a written "Notice of Termination" stating its intent to terminate and describing all
terms and conditions with which the defaulting party has failed to comply. if the
defaulting party has not remedied the default or not initiated good faith efforts to
remedy its default within thirty (3 0) days after receiving the Notice of Termination,
this Agreement will automatically terminate. This Agreement may also be
terminated upon the written mutual consent of both parties.
j. ENTIRE AGREEMENT - This Agreement constitutes the entire understanding and
agreement between the Parties and supersedes all previous negotiations between
them pertaining to the subject rnatter thereof.
Puiblic Works Agency
RECOMMENDED FOR APPROVAL:
Ernesto Munoz, P.E.
Services Director
Page 5 of 1.2
20A-9
caused in whole or in part by any negligence of the SANTA ANA, or by their
respective officers, agents or employees, or by any act or omission for which
SANTA ANA, or their respective officers, agents or employees are liable without
fault,
h. INDEMNIFICATION BY COSTA MESA; COSTA MESA shall indemnify,
defend and hold SANTA ANA, its officers, agents and employees, harmless iiom
any expense, liability or claim for death, injury, loss, damage or expense to persons
or property which may arise or is claimed to have arisen as a result of any acts
performed by COSTA MESA, its officers, agents, or employees, with respect to
the project, save and except to the extent such expense, liability or claim is
proximately caused in whole or in part by any negligence of the COSTA MESA,
or by their respective officers, agents or employees, or by any act or omission for
which COSTA MESA, or their respective officers, agents or employees are liable
without fault.
TERMINATION - Either Party may terminate this Agreement upon the other
Party's failure to comply with any terns or condition of this Agreement, as long as
the terminating party is not in default of any torn or condition of this Agreement,
To initiate termination, the terminating party must provide the defaulting party with
a written "Notice of Termination" stating its intent to terminate and describing all
terms and conditions with which the defaulting party has failed to comply, If the
defaulting party has not remedied the default or not initiated good faith efforts to
remedy its default within thirty (30) days after reoelving the Notice of Termination,
this Agreement will automatically terminate, This Agreement may also be
terminated upon the written mutual consent of both parties,
j, EN'T'IRE AGREEMENT - This Agreement constitutes the entire understanding and
agreement between the Parties and supersedes all previous negotiations between
them pertaining to the subject matter thereof,
RECOMMENDED FOR APPROVAL:
Fred'Mousavipour
Executive Director
Public Works Agency
James 0, Ross
Interim Public Services Director
Page S of 12
20A-10
OW
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 Cleric, all therounto duly authorized
by the COSTA MESA City Council and the SANTA ANA City Council, respectively,
APPROVED AS TO FORM:
Sonia R, Carvalho
City Attorney
J e andoval
ief Assistant City Attorney
APPROVED AS TO FORM:
Tom Duarte
City Attorney
CITY OF SANTA ANA,
a Municipal corporation of the State of
California
David "avazosV�j`
City Manager
ATTPS.T:
Maria D. Huimr
Clerk of the Council
CITY Or, COSTA MESA, a California
municipal corporation
M
Tom Hatch
Chief Executive Officer
ATTEST:
Brenna Green
City Clerk
Page 6 of 12
20A-11
IN WITNESS WHEREOF, COSTA MESA has caused this agreement to be
executed by its Mayor and attested by its Cleric, and SANTA ANA has caused this Agteenrent
to be executed by its City Manager and attested by its Cleric, all thereunto duly authorized by
the COSTA MESA City Council and the SANTA ANA City Council, respectively,
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Tose Sandoval
Chief Assistant City Attorney
CITY OF SANTA ANA,
aMunicipal corporation of the State of
California
By:
David Cavazos
City Manager
ATTEST:
Maria D, Huizar
Cleric of the Council
CI'T'Y OF COSTA MESA, a California.
municipal corporation
By, "" A AN
Tom r toh
Chief Executive Officer
APPRWM
F� 114I- ATTEST: `(
//
TomDuarte
City Attorney City Clerk
Page 6 of 12
20A-12
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20A-15
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20A-17
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EXHIBIT"B"
ADVANCED .EXPENDED FUNTDS ANALYSIS
ENGRNELin S XS"i':CCV XYL,
Dem
Deseription
Unit
12rtuntity
'Unit
rrice
Extended Coat
1 v
14" PVC EoraeMain
LF
37716 .._
T $222
$837,828
2
5r'avity SeworMaahale
LS
I
$.12,000_
$12,000
3
16" VCS' O vlty Bower Mahn
LF
72
$150
$10,800
4�
84"TrunkMainManlialo
I,S
1
$1,500
$1,500
couneodou
5"
Pothole utllitios Not Shown In
EA
10
$3$0
$3,$00
The Contract Documents
6"'
14" PVC ,Siphon
EA
10
$6,000
"'lot
14" PVC Forced Main Tnstalled
_
7*
Deeper Than 1 -Foot Bit Less
LF
500
$50
$25,000
Than 3 -Feet
Enginoers Estimate
$950,628
Continganoy
$149,372
Projeot Esdmated Total 1
$1,100,000
1CUNDING 80URCY,, SUMMARY
city or Santa Ana $ 500,000
City of costa Mona _ $ 600,Q00
Total Prejcot Ftxndin3 $1,100,000 —
Advanood by City of Santa Ana
20A-18
AMENDMENT NO. I
TO
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 FROM
BAKER TO NEWPORT BEACH BOULVARD
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 day of 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 fiends 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 perforin 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 stun 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 oF7
Exhibit 2
20A-19
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.
5. 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. 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 Cleric, 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
1=
CI'T'Y OF COSTA MESA, a
Municipal corporation of the
State of California
M
Gerardo Mouet Thomas Hatch M
Acting City City Manager
Manager
Page 2 of 7
20A-20
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
J n M. Funk
Assistant City Attorney
ATTEST:
Brenda Green
City Clerk
APPROVED AS TO FORM:
Thomas Duarte
City Attorney
Page 3 of 7
20A-21
RECOMMENDED FOR APPROVAL:
Fred Mousavipour
Executive Director
Public Works A ;etacy
RECOMMENDED FOR APPROVAL:
Enlesto Munoz, P.E.
Public Serviees Director
Page 4 of 7
20A-22
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
Charnel Work
LS
1.00
$1,101,000
$1,010k
8
Equipment/Discharge
each
7.00
$140000
$980k
9
14" PVC Sewer Farce Main
LF
8,475.00
$240
$2,034k
10
Project Contingency
%
20%
n/a
$1,000k
11
Construction Management
(COSA)
o /o
8%
n/a
$400k
12
Inspection & Testing
(COSA)
%
7%
n/a
$350k
13
Inspection (County)
%
1.5%
n/a
$75k
14
SurveylConstruction Staking
%
3%
n/a
$130k
15
Attorney Fees
LS
1
$100,000
$100k
20A-24
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 "B"
20A-25
20A-26
20A-27
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20A-27
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20A-28