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executed copy to COTC,
INSURANCE NOT REQUIRED M-30
WORK MAY PROCEED AMENDMENT`NUMBER TWO
CLERK OF COUNCI~.O COOPERATIVE AGREEMENT NO. A-2016-092
Tc.
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
A-2019-154
BAKER STREET TO NEWPORT BOULEVARD
This Amendment Number Two to Cooperative Agreement ("Amendment") is made and
entered into this 3rd day of September, 2019 ("Effective Date'), 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. COSTA MESA and SANTA ANA entered into Cooperative Agreement No. A-2016-092
("Agreement") on May 18, 2016 for the construction of the Santa Ana Delhi diversion
forced sewer main pipeline under Bristol Street from Baker Street to Newport Boulevard
(the "Project"). The Project is a portion of the Diversion Channel Project; and
B. Pursuant to the Agreement, SANTA ANA committed to advance One Million One Hundred
Thousand Dollars ($1,100,000.00) toward the Project, which amount represented the
entire estimated cost to pay COSTA MESA's contractor to complete the Project; and
C. Pursuant to the Agreement, COSTA MESA agreed to reimburse SANTA ANA up to
$600,000.00, which amount represented COSTA MESA's lump sum obligation on the
Diversion Channel Project; and
D. Subsequent to execution of the Agreement, COSTA MESA and SANTA ANA learned that
the entire estimated cost to perform the work on the Project was One Million Seven
Hundred Thousand Dollars ($1,700,000.00); and
E. COSTA MESA and SANTA ANA agreed to have COSTA MESA contribute Six Hundred
Thousand Dollars ($600,000.00) toward the overall cost for the work rather than reimburse
SANTA ANA in such amount, through Amendment No. 1 to the Agreement; and
F. Due to delays caused by the requirement that the cities obtain Caltrans encroachment
permits in connection with the Project, COSTA MESA removed the installation of the
diversion sewer main pipelines within the Caltrans right-of-way from the scope of work on
COSTA MESA's Bristol Street Median Project, which postponed the installation of the
forced sewer main pipeline; and
G. COSTA MESA and SANTA ANA have now secured the required encroachment permits
from Caltrans, and COSTA MESA has awarded a construction contract to Gwinco
Incorporated for Phase II of COSTA MESA's Santa Ana Delhi Channel Diversion Pipeline
Project, which includes installation of the forced sewer main pipeline; and
H. The cost to install the forced sewer main pipeline exceeds the amount initially
contemplated by approximately One Hundred Forty -Eight Thousand Five Hundred Dollars
($148,500.00); and
1
Cooperative Agreement No. A-2016-092
Amendment Two
Rev. 11-16
SANTA ANA has agreed to reimburse COSTA MESA One Hundred Forty -Eight Thousand
Five Hundred Dollars ($148,500.00) for such cost; and
J. SANTA ANA and COSTA MESA desire to further amend the Agreement accordingly.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
A new subsection 4 shall be added to Section B (SANTA ANA Rights and Duties)
as follows:
4. In addition to the Advanced Expended Funds set forth herein, SANTA ANA
agrees to reimburse COSTA MESA up to One Hundred Forty -Eight Thousand
Five Hundred Dollars ($148,500.00) for costs associated with the installation
of the forced sewer main pipeline. SANTA ANA shall reimburse COSTA MESA
for such costs within thirty (30) days of receipt of an invoice from COSTA MESA
detailing the work performed and the costs associated with same.
2. All terms not defined herein shall have the same meaning and use as set forth in
the Agreement.
3. All other terms, conditions, and provisions of the Agreement, as amended by
Amendment No. 1, shall remain in full force and effect.
IN WITNESS WHEREOF, COSTA MESA and SANTA ANA have caused this Amendment
to be executed by and through their respective authorized officers, as of the date first written
above.
CITY OF COSTA MESA,
A municipal corporation
Aatm 0
Lori Ann Farrell Harrison
City Manager
RECOMMENDED FOR APPROVAL:
Raja Sethuraman
Public Services Director
ATTEST:
Brenda Green
City Clerk
AS TO FORM:
Kifnberly HIII Barlow
City Attorney
Cooperative Agreement No. A-2016-092
Amendment Two
Rev. 11-16
A-2019-154
CITY OF SANTA ANA,
A municipal corporation
Kristine Rid e
City Manager
RECOMMENDED FOR APPROVAL:
Y%t `t h�
abil Saba
Executive Director
Public Works Agency
ATTEST: -_
h
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By.��.�
J n Funk
Assistant City Attorney
Cooperative Agreement No. A-2016-092
Amendment Two
Rev. 11-16