HomeMy WebLinkAbout25D - AGMT - COSTA MESA MACARTHUR IMPROVEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 16, 2019
TITLE:
APPROVED
APPROVE COOPERATIVE AGREEMENT
❑ As Recommended
WITH THE CITY OF COSTA MESA FOR
❑ Amended
❑ OOrrdinance on 1$' Reading
MACARTHUR BOULEVARD IMPROVEMENT
❑ Ordinance on 2n° Reading
(PROJECT NO.20-6953)
❑ Implementing Resolution
(STRATEGIC PLAN NO. 6, 1 B, 1 C, 1 G }
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the
City of Costa Mesa for the MacArthur Boulevard Improvements Project, in an amount not to
exceed $64,568.40, subject to non -substantive changes approved by the City Manager and City
Attorney.
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 MacArthur Boulevard from the Santa Ana
River to Harbor Boulevard (Exhibit 1). Approximately fifteen feet of the roadway on the north edge
of MacArthur Boulevard is in Santa Ana.
The City of Costa Mesa is the lead agency for the design, construction, and construction
management of improvements to MacArthur Boulevard from Santa Ana River to Harbor Boulevard.
The cooperative agreement (Exhibit 2) identifies the City's cost share of $64,568.40, roles, and
responsibilities between Costa Mesa and Santa Ana. Improvements include grinding and
overlaying the pavement with asphalt concrete and traffic striping. Once completed, the
improvements 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.
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
25D-1
Cooperative Agreement with Costa Mesa for MacArthur Boulevard
July 16, 2019
Page 2
assets), Strategy B (equitably maintain existing streets and associated assets in a state of good
repair so they are clean, safe and aesthetically pleasing for all users); Strategy C (invest resources
and technology to extend the service life of existing infrastructure to protect the City's investment
and support a high quality of life standard); and Strategy G (develop and implement the City's
Capital Improvement Program in coordination with the Community Investment Plan - e.g.,
neighborhood streets, traffic improvements, etc.).
FISCAL IMPACT
Funds have been budgeted in the approved Fiscal Year 2019-20 Capital Improvement Program
(Exhibit 3) in the Select Street Construction Fund, Highway Users Tax Account (HUTA), Road
Maintenance and Rehabilitation Account (RMRA) account (No. 05917665-66220), and are
available for expenditure as summarized in the following table:
APPROVED AS TO FUNDS AND ACCOUNTS:
Fuad 4 Sweiss, PE, PLS Kathryn Dow s, CPA di
Execute a Director Executive Director
Public orks Agency Finance and Management Services Agency
FSS/EWG/KN/ML
Exhibits: 1. Location Map
2. Cooperative Agreement
3. FY 2019-20 Capital Improvement Program Project Budget Sheet
25D-2
EXHIBIT 1
SA AMA Cooperative Agreement with
pi City of Costa Mesa
NaUCM„�, MacArthur Boulevard Improvements
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25D-4
EXHIBIT 2
COOPERATIVE AGREEMENT
BETWEEN
THE CITY OF COSTA MESA
AND
THE CITY OF SANTA ANA
FOR THE PAVEMENT REHABILITATION OF MACARTHUR BOULEVARD
FROM THE SANTA ANA RIVER TO HARBOR BOULEVARD
THIS COOPERATIVE AGREEMENT ("Agreement") is made and entered into thisA6th
day of July, 2019, 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 MacArthur Boulevard from the Santa Ana
River to Harbor Boulevard (the "PROJECT"); and
B. WHEREAS, the PROJECT is included in COSTA MESA plans for its
Street Rehabilitation Project (Zones 2 and 5), Project No. 18-16, a record of which is available
at the office of the City Clerk, 77 Fair Drive, Costa Mesa, California, and incorporated herein by
this reference; and
C. WHEREAS, the PROJECT has been awarded to R.J. Noble Company 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 MacArthur Boulevard; 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 $515,050.13,
and the parties desire to share the construction costs as set forth herein; and
H. WHEREAS, the PROJECT is declared categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c).
NOW, THEREFORE, COSTA MESA AND SANTA ANA agree as follows:
1.0 CONSTRUCTION COST
The total PROJECT construction cost is estimated at $515,050:13, as shown in Exhibit
"A," attached hereto and incorporated herein by this reference. The total estimated PROJECT
construction cost will be divided between the parties as follows:
25D-5
COSTA MESA
SANTA ANA
TOTAL
Construction Cost
$450,481.73
$53,807.00
Contingency (10%)
$5,380.70
Construction
Management (10%)
$5,380.70
Total
$64,568.40
$515,050.13
2.0 COSTA MESA'S RIGHTS AND DUTIES
2.1 COSTA MESA will be the lead agency for the design and construction work and
will provide all construction management. COSTA MESA will be solely
responsible for the administration and performance of the contract awarded to
the contractor for the construction of the PROJECT.
2.2 COSTA MESA will pay its proportionate share of materials testing, site surveys,
construction engineering and construction management.
2.3 COSTA MESA will pay its proportionate share of construction cost, which is
estimated in Exhibit "A" of this Agreement.
2.4 COSTA MESA will notify SANTA ANA in writing of any changes, increased costs,
and meetings associated with COSTA MESA's lead agency responsibilities for
the PROJECT.
2.5 COSTA MESA will request written approval of change orders from SANTA ANA's
Executive Director of the Public Works Agency for work within SANTA ANA, prior
to implementation of such change orders. COSTA MESA will permit SANTA ANA
to enter and inspect within COSTA MESA boundaries for the purpose of
overseeing COSTA MESA lead agency functions.
2.6 COSTA MESA will require Contractor to obtain a SANTA ANA business license
prior to starting work.
2.7 COSTA MESA will provide SANTA ANA final record drawings for the PROJECT
within sixty (60) days of the completion and acceptance of construction.
3.0 SANTA ANA'S RIGHTS AND DUTIES
3.1 SANTA ANA will waive all permit fees for work within SANTA ANA.
3.2 SANTA ANA will review all progress payments for PROJECT. If SANTA ANA
contests a progress payment, SANTA ANA will request withholding of the payment
within five (5) business days of receipt of such payment request. SANTA ANA will
provide the information necessary to substantiate its position that the required
25D-6
progress has not been met.
3.3 SANTA ANA's Executive Director of the Public Works Agency will review COSTA
MESA's change order requests for changes to work within SANTA ANA. Approval
of such requests will not be unreasonably withheld. SANTA ANA will have a
minimum of five (5) working days to review and approve change orders.
3.4 SANTA ANA will have inspection authority within SANTA ANA jurisdictional
boundaries and will be notified of the progress of the PROJECT for such purposes.
SANTA ANA will 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.
3.5 SANTA ANA will pay its proportionate share of construction, materials testing, site
surveys, construction engineering and construction management cost, which is
estimated in Exhibit "A" of this Agreement, within thirty (30) days after receipt of an
invoice from COSTA MESA.
4.0 JOINT RIGHTS AND DUTIES
4.1 If the amounts expended for the PROJECT exceed the cost estimates set forth
in Exhibit 'A," then SANTA ANA will 'be solely responsible for paying for the
additional costs occurring within the jurisdictional boundaries of SANTA ANA,
and COSTA MESA will be solely responsible for paying for the additional costs
occurring within the jurisdictional boundaries of COSTA MESA.
4.2 If this Agreement involves expenditures of State funds aggregating in excess of
Ten Thousand Dollars ($10,000), then, pursuant to California Government Code
section 8546.7, both parties will be subject to the examination and audit of the
California State Auditor for a period of three (3) years after final payment under
this Agreement.
4.3 Mutual Indemnification
(a) Neither SANTA ANA nor any elected official, officer, agent 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, its
officers, agents, employees or engineers 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
harmless SANTA ANA, its elected officials, officers, agents, employees
and engineers from any liability imposed for any injury (as defined by
Government Code section 810.8), occurring by reason of anything done
or omitted to be done by COSTA MESA, its officers, agents, employees or
engineers under or in connection with any work, authority, or duties
delegated to COSTA MESA under this Agreement.
(b) Neither COSTA MESA nor any elected official, officer, agent or employee
thereof shall be responsible for any damage or liability occurring by reason
25D-7
5.0
of anything done or omitted to be done by SANTA ANA, Its officers, agents,
employees or engineers 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 Government Code section 895.4,
SANTA ANA shall fully indemnify, defend and hold harmless COSTA
MESA, its elected officials, officers, agents, employees and engineers from
any liability imposed for any injury (as defined by Government Code section
810.8) occurring by reason of anything done or omitted to be done by
SANTA ANA, its officers, agents, employees or engineers in connection
with any work, authority, or duties delegated to SANTA ANA under this
Agreement.
GENERAL PROVISIONS
5.1 Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to any matter referenced herein and supersedes any and all
other prior writings and oral negotiations. This Agreement may be modified only
in writing, and signed by the parties in interest at the time of such modification.
The terms of this Agreement shall prevail over any inconsistent provision in any
othercontract document appurtenant hereto, including exhibits to this Agreement.
5.2 Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal
delivery or mail and shall be addressed as set forth below. Such communication
shall be deemed served or delivered: (a) at the time of delivery if such
communication is sent by personal delivery, and (b) 48 hours after deposit in the
U.S. Mail as reflected by the official U.S. postmark if such communication is sent
through regular United States mail.
IF TO SANTA ANA
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Tel: (714) 647-5690
Attn: Fuad Sweiss,
Executive Director
IF TO COSTA MESA:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (714) 754-5291
Attn: Raja Sethuraman,
Public Services Director
5.3 Attorneys' Fees. In any action or proceeding to enforce or interpret any provision
of this Agreement, each party will bear its own attorneys' fees and costs.
5.4 Governina Law, This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining
to conflict of laws. In the event of any legal action to enforce or interpret this
Agreement, the parties hereto agree that the sole and exclusive venue shall be a
court of competent jurisdiction located in Orange County, California.
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5.5 Comollance with All Laws. The parties shall comply with all applicable statutes,
ordinances, regulations, and requirements of all governmental entities in the
performance of this Agreement.
5.6 Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to
be a full or accurate description of the content thereof and shall not in any way
affect the meaning or interpretation of this Agreement.
5.7 Construction. The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation
arises with respect to this Agreement, this Agreement shall be construed as if
drafted jointly by the parties and in accordance with its fair meaning. There shall
be no presumption or burden of proof favoring or disfavoring any party by virtue of
the authorship of any of the provisions of this Agreement.
5.8 Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
5.9 Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be
deemed a waiver of those rights to require such performance or compliance. No
waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the party against whom enforcement
of a waiver is sought. The waiver of any right or remedy in respect to any
occurrence or event shall not be deemed a waiver of any right or remedy in respect
to any other occurrence or event, nor shall any waiver constitute a continuing
waiver.
5.10 Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such
determination shall not affect the validity or enforceability of the remaining terms
and provisions hereof or of the offending provision in any other circumstance.
Notwithstanding the foregoing, if the value of this Agreement, based upon the
substantial benefit of the bargain for any party, is materially impaired, which
determination made by the presiding court or arbitrator of competent jurisdiction
shall be binding, then both parties agree to substitute such provision(s) through
good faith negotiations.
5.11 Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed
together and shall constitute one agreement.
5.12 Authority. 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 doing so the parties hereto are formally bound to the provisions
of this Agreement.
[Signatures appear on the following page.]
25D-9
ATTACHMENT
IN WITNESS WHEREOF, COSTA MESA and SANTA ANA have caused this Agreement
to be executed by and through their respective authorized officers, as of the date first written
above.
CITY OF SANTA ANA
51
Kristine Ridge
City Manager
ATTEST:
Norma Mitre
Acting Clerk of the Council
APPROVED AS TO FORM:
S is Carvalho
Ci y Attorney
RECOMMENDED FOR APPROVAL:
Fuad Sweiss
Public Works Agency Executive Director
CITY OF COSTA MESA
M
Tamara Letourneau
City Manager
ATTEST:
Brenda Green
City Clerk
APPROVED AS TO FORM:
Kimberly H I Barlow
City Attorney
RECOMMENDED FOR APPROVAL:
Raja Sethuraman
Public Services Director
9
25D-10
EXHIBIT A
ESTIMATED CONSTRUCTION COSTS
25D-11
STREET REHAB PROJECT N18-16
MACARTHUR BLVD (SANTA ANA RIVER TO HARBOR BLVD)
(SSA
1
DescriptionUnit
(Mobilization
L.S.
City of
Unit
Total
City of
Total
Costa Mesa
rice
$6,250.00
Amount
$6,250.00
Santa Ana
uanti r
1
Amount
$625.00
uanti
I 1
2
3
Cold Mill (2- Min Depth)
Removal & Reconstruct Asphalt Concrete
(6' Min Depth, Including excavation)
S.F.
TON
229,500.00
517.39
$024
$138.00
$55,080.00
$71,399.48
37,000
$8,880.00
4
Type'D- Asphalt Concrete Leveling (Paving Machine)
TON
$120.00
$0.00
5
Type'C' Asphalt Concrete Overlay (Paving Machine) - Surface Course
TON
$69.00
$0.00
6
Asphalt Rubber Hot Mix (AHRM) Surface Course
TON
3,449.25
$81.00
$279,389.25
470.0
$38,070.00
7
8
jAdjust Manhole to Grade
jAdjusl Water Valve to Grade
EA.
EA.
13.00
16.00
$685.00
$735.00
$8,905.00
$11,760.00
5
2
$3,425.00
$1,470.00
9
IInstall Blue Raised Pavement Markers (BRPM)
EA.
I
$16.00
$160.00
10
11 linstall
Install Type E Traffic Signal Loops
Type D Traffic Signal Loops
EA
EA
9 ()Q
32.00
I $212 00
$275.00
$1,908,00
$8,800,00
1
2
$212.00
$550.00
12 Ilnstall
13 (Adjust
Lane Markings, Slriping,Pavement Legends, and Raised
Pavement Markers (RPM)
and Reset Existing Survey Monuments and Ties
L S I
E.A.
1
3.00
$2,500.00
5360.00
$2,500.00
$1,080.00
1
$250.00
14
Traffic Control
L.S.
1
$3,250.00
$3,250.00
1
$325.00
STREETTOTAL
$450,481.73
STREETTOTAL
$53,807.00
110%
Contingency
$5,380.70
10%Construction Management
$5,380.70
GRANDTOTAL
S410,481.731
$64,568.40
PROJECT GRAND TOTAL
$515,OSO.13
25D-12
EXHIBIT
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25D-14