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HomeMy WebLinkAboutItem 19 - Appropriation Adjustment and Agreement for MacArthur Street Improvements Public Works Agency www.santa-ana.org/pw Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 21, 2025 TOPIC: Street Improvements on Croddy Way from Chandler Avenue to MacArthur Boulevard AGENDA TITLE Appropriation Adjustment and Agreement with Mesa Consolidated Water District for Street Improvements on Croddy Way from Chandler Avenue to MacArthur Boulevard (Project No. 25-6425) (Non-General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $897,000 of prior-year fund balance in the Select Street Construction, Prior Year Carryforward revenue account (No. 05917002-50001) and appropriate the same amount into the Select Street Construction, Improvements Other Than Buildings expenditure account (No. 05917660-66220). (Requires five affirmative votes.) 2. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to add funds in the amount of $897,000 to Project No. 25-6425, Croddy Way Street Improvements Project (Project No. 25-6425). 3. Authorize the City Manager to execute a Cooperative Cost Reimbursement Agreement with the Mesa Consolidated Water District for improvements on Croddy Way within Santa Ana from Chandler Avenue to MacArthur Boulevard (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Public Works Agency Engineering Division is responsible for the administration and oversight of all Capital Improvement Projects in the City. Mesa Consolidated Water District (MCWD) was issued a permit to construct a water transmission pipeline, and related facilities, to transmit water from their two new groundwater wells in the City located along Croddy Way. The permit required MCWD to restore the street with a simple trench cut patch per City standard plans, which results in new pavement that is two feet wider than the trench. Upon performing these project improvements, there was significant disruption to the businesses on Croddy Way, significantly deteriorating the condition of the street pavement. Street Improvements on Croddy Way from Chandler Avenue to MacArthur Boulevard January 21, 2025 Page 2 4 7 8 0 As a result, MCWD has agreed to expand their restoration to include full depth street replacement from curb to curb on Croddy Way between Garry Avenue and MacArthur Boulevard, as well as full depth replacement of the eastern half of Croddy Way between Chandler Avenue and Garry Avenue (Exhibit 1). In order to provide for a complete reconstruction of Croddy Way, staff requests Council approval of the cooperative agreement (Exhibit 2) and share in the costs of the street improvements for a full depth replacement and construction from curb to curb along the entire project limits. The scope of work includes excavation, grading, removal and replacement of asphalt concrete pavement and Portland cement concrete, and signing and striping. Once completed, the improvements will enhance the street’s drivability, visual appearance, accessibility, and drainage issues. The Cooperative Cost Reimbursement Agreement between the City of Santa Ana and MCWD identifies the roles and responsibilities of each party and has estimated each agency’s share of the project costs. The City’s share of the project construction costs is not to exceed $897,000. MCWD will act as the project lead and is responsible for design, bidding, and construction administration of the project. MCWD’s share of the construction contract is in the amount of $1,949,000. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. Mesa Consolidated Water District will conduct this analysis as part of their design effort and their board will approve as project lead. FISCAL IMPACT With the approval of the appropriation adjustment, a portion of the accumulated fund balance will be appropriated for spending in the Select Street Construction, Improvements Other Than Buildings expenditure account (No. 05917660-66220). The spendable portion of the fund balance is estimated to be $10,740,138 at June 30, 2025, which is sufficient to allow for the recommended appropriation of $897,000. The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project (Exhibit 3). Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers beyond fiscal year 2024-25 until project completion. Fiscal Year Accounting Unit - Account No. (Project No.) Fund Description Accounting Unit - Account No. Description Amount Appropriation Adjustment Street Improvements on Croddy Way from Chandler Avenue to MacArthur Boulevard January 21, 2025 Page 3 4 7 8 0 Fiscal Year Accounting Unit - Account No. (Project No.) Fund Description Accounting Unit - Account No. Description Amount 2024-25 05917660-66220 (25-6425) Select Street Construction Select Street Construction, Improvements Other Than Buildings $897,000 Total $897,000 EXHIBIT(S) 1. Project Location Map 2. Cooperative Agreement 3. FY 24-25 CIP Worksheet Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager PWA SANTA ANA PUBLIC WORKS AGENCY LOCATION MAP Exhibit 1 Project Location / Limits Legend GARRY AVSHANNON STHARBOR GATEWAY NSCENIC AV YALE STCARRIAGE DR SUSAN STSUSAN STALPI NE AVCENTRAL AV ADAMS ST YALE STCENTRAL AV YALE STGARRY AVGARRY AV MOORE AV CADILLAC AVMOORE AV CRODDY WY SHANNON STSUSAN STYALE STJUNIPER AV PENDLETON AV YALE STOTIS STPARK DRPARK DR LAKE CENTER DR (JUNIPER AV)HOWARD WYSHANNON STSUSAN STSUSAN STWARNER AV (WINTERSBURG AV) MAC ARTHUR BLVD (TALBERT AV)HARBOR BLVDHARBOR BLVDMAC ARTHUR BLVD (TALBERT AV)HARBOR BLVDSEGERSTROM AV HARBOR BLVDHYLAND AVWARNER AV (DELHI)WAR NE R AV (DE L HI R D) W A R N E R A V WARNER AV (DELHI)HARBOR BLVDSLATER AVNEWHOPE STNEWHOPE STSLATER AV MT CLIFFWOOD CIRMARTENS RIVER CI COLEY RIVER CIR WINTERSBURG AV SCENIC AV CRODDY WYCHANDLER AV CARRIAGE DR CRODDY WYSEGERSTROM AV SANTA ANA RIVERSANTA ANA RIVERCRODDY WYfrom Chandler Avenue to MacArthur Boulevard Street Improvements on Croddy Way EXHIBIT 2 COOPERATIVE COST REIMBURSEMENT AGREEMENT FOR CRODDY WAY STREET IMPROVEMENTS PROJECT COOPERATIVE COST REIMBURSEMENT AGREEMENT ("Agreement"), is made and entered into this ____ day of ____________, 2024, by and between the CITY OF SANTA ANA, a California charter city (“Santa Ana" or “City”), and the MESA WATER DISTRICT, a county water district organized and existing pursuant to the laws of the State of California ("Mesa Water"). In this Agreement, Santa Ana and Mesa Water may each be individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS: WHEREAS, on August 12, 2021, Mesa Water was issued Permit No. S0104786 (“2021 Permit”) to construct a water transmission pipeline, and related facilities, to transmit water from Mesa Water’s two new groundwater wells located along Croddy Way within the City; and WHEREAS, the 2021 Permit required Mesa Water to restore the affected street(s) with a simple trench cut patch pursuant to City standard plans, which generally results in new pavement that is two feet wider than the trench followed by a thin curb to curb grind and overlay; and WHEREAS, due to the existing pavement condition and construction activities, Mesa Water has agreed to expand its street surface restoration to include a full depth street replacement from curb to curb on Croddy Way between Garry Avenue and MacArthur Boulevard, the full depth replacement of the eastern half of Croddy Way between Chandler Avenue and Garry Avenue, and the northerly half of Chandler between the western boundary of 4011 W Chandler Avenue and Croddy (APN 415-014-03) in the City of Santa Ana (collectively, the “Mesa Water® Scope”); and WHEREAS, Santa Ana has additional areas requiring full depth street replacement of the western half of Croddy Way between Chandler Avenue and Garry Avenue and the southerly half of Chandler between the western boundary of 4011 W Chandler Avenue and Croddy (APN 415-014-03) in the City of Santa Ana (collectively, the “Santa Ana Scope”); and WHEREAS, in an effort to efficiently utilize Mesa Water’s resources, Mesa Water and Santa Ana desire to enter a cooperative agreement and share in the costs of the street improvements incorporating both the Mesa Water® Scope and the Santa Ana Scope (collectively, the “Project”); and WHEREAS, the scope of work of the Project includes excavation, grading, removal and replacement of asphalt concrete pavement and Portland cement concrete, and signing and striping; and WHEREAS, once completed, the improvements will enhance the streets’ drivability, visual appearance, accessibility, and drainage, NOW, THEREFORE, based upon the foregoing Recitals, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by all Parties, the Parties agree as follows: 1.Mesa Water shall perform and/or contract for the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the Project. As a material component of this Agreement, City will reimburse Mesa Water for the costs associated with the Project area square footage identified in Project Location Map (Exhibit A) and Cost Estimate (Exhibit B) (the “City Contribution”) in an amount equal to 30% of the total completed construction costs plus administrative costs of the Project, but in no event shall City’s 30% share exceed $897,000 or Mesa Water’s share exceed $1,949,000, as detailed in Exhibit B. Should Mesa Water receive grant funding applicable to the Project cost, such funds will be allocated to the total construction costs of the Project and each Party's share of construction costs funding shall be proportionately reduced. Any offset to the Project costs due to the receipt of grant funding shall require Mesa Water to refund each Party's proportional share of the construction costs, as may be reduced by such grant funding. 2.Mesa Water is responsible for initially funding that portion of the Project within the City limits, as set forth in Exhibit B. Upon completion of the Project, Mesa Water will provide the City with a copy of the completed and filed Notice of Completion. Mesa Water shall provide the City with an accounting of all Project costs and shall provide copies of contract invoices and related documentation upon request. Within forty-five (45) days of receipt of such Project costs accounting the City shall provide payment to Mesa Water of 30% of the Project construction costs. 3.Mesa Water will act as the Project lead and organizer, and is responsible for design, bidding, and construction administration of the Project. 4.City will coordinate the relocation of all affected utility company facilities within the City limits to facilitate the completion of the Project in a timely manner. 5.City and Mesa Water shall extend to each other cooperation and proceed under this Agreement in a good faith manner to facilitate timely completion of the Project and comply with the terms hereof. The Parties agree that when any component of this Project is subject to the approval of the City or Mesa Water, such approval shall not be unreasonably withheld. 6.City will issue a new Permit applicable to Project work (“Project Permit”). The 2021 Permit may be closed upon action by the Mesa Water Board of Directors (“Mesa Water Board”) of a construction contract for Project work. Such Project Permit will be promptly issued at no cost to Mesa Water or its contractor. 2 7.City will be notified as to the official advertising dates, bid opening date, construction start date, and overall construction schedule for the Project. Also, a representative from City will be invited to attend pre-construction, Project status, and final walk through meetings. 8.The Project costs represented in this Agreement are the contract costs based upon the Mesa Water contract amount plus Mesa Water’s administration costs. Change orders applicable to such contract must receive the written approval of the Executive Director of Public Works of Santa Ana or their designee prior to implementation. Such approval shall not be unreasonably withheld, and, if such approval results in an adjustment to the contract amount (Project cost), City shall be responsible for its proportional allocation of the increased costs pursuant to the terms hereof. 9.The following staff members, or as otherwise designated in writing by either Party, shall be the designated representatives of each Party to act on each respective Party’s behalf with respect to this Agreement. Any notices, requests, approvals, plan submittals or communications shall be provided to each representative noted below: City of Santa Ana: ATTN: Rudy Rosas Deputy Public Works Director/City Engineer Public Works Agency Santa Ana, CA 92701 20 Civic Center Plaza, M-21 Mesa Water District: ATTN: Andrew D. Wiesner, P.E. District Engineer 1965 Placentia Avenue Costa Mesa, CA, 92627 10.Mesa Water shall cause its contractors for the Project to guarantee the Project improvements against defects in workmanship and materials for a period of one (1) year from the date of acceptance. It is further agreed that Mesa Water shall assume the responsibility for causing the Project improvements to be brought or restored to full compliance with the requirements of the Plans and Specifications for any portion of the Project which during said one (1) year period are found not to be in conformance with the provisions of the Plans and Specifications. 11.Mesa Water shall have its contractors and/or consultants provide insurance as set forth in Exhibit C, attached hereto and incorporated herein by this reference. 12.This Agreement contains all of the agreements of the Parties regarding the Project and Project costs and all previous understandings, negotiations and agreements 3 regarding the Project and Project costs are integrated into, and superseded by, this Agreement. 13.This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by authorized officers of both Parties. 14.In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder. 15.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 so executing this Agreement the Parties hereto are formally bound to the provisions of this Agreement. 16.This Agreement shall be binding upon and shall endure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors, and assigns. 17.This Agreement may be executed by the Parties and counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 18.This Agreement is to be governed by the laws of the State of California. Venue for any disputes concerning this Agreement shall lie in Orange County, California. 19.Each Party agrees to defend, hold harmless, and indemnify the other as to any and all claims, judgments, liabilities or damages for injuries and damages directly arising out of each Party's own performance or omission(s) under this Agreement, except to the extent such damage or expense is caused in whole or in part by the other Party's negligence or willful misconduct. [signatures contained on following page] 51539280.2 4 SIGNATURE PAGE FOR COOPERATIVE COST REIMBURSEMENT AGREEMENT FOR CRODDY WAY STREET IMPROVEMENTS PROJECT IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST:CITY OF SANTA ANA JENNIFER L. HALL City Clerk ALVARO NUNEZ City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney RECOMMENDED FOR APPROVAL: Nabil SabaDate: 2025.01.09 09:34:09 Digitally signed by Nabil Saba -08'00' NABIL SABA Executive Director PublicWorks Agency Assistant City Attorney MESA WATER DISTRICT: By: Paul E. Shoenberger, P.E. Title: General Manager Exhibit A Location Map [CRODDY WAY STREET IMPROVEMENTS PROJECT] 3,500 sf 3,100 sf 6,600 sf 5,800 sf 5,800 sf Photo 4 30,600 sf 30,600 sf 23,600 sf 6,600 sf 30,200 sf Photo 3 5,500 sf 5,500 sf Photo 1 18,800 sf 4,600 sf 23,400 sf 11,300 sf 11,300 sf 7,300 sf Photo 2 7,300 sf 60'-0"60'-0" Figure 1. Area of pavement impacted by construction (blue) versus area of pavement not impacted by construction (Red) Figure 2. Area of pavement restoration requested by Mesa Water (blue) Exhibit B Cost Estimate [CRODDY WAY STREET IMPROVEMENTS PROJECT] CITY OF SANTA ANA Preparer: Reviewer: Project No.: Date Revised: Date Reviewed: 10/17/24 COST ESTIMATE S CRODDY WAY (Full Depth AC 7.5") Item Mesa Water District City of Santa Ana No. NO.DESCRIPTION UNIT Unit Price Quantity 2,100 3,570 35 Cost Quantity Cost 1 2 3 4 Unclassified Excavation CY TN EA EA $ $ $ $ 288.00 218.00 $ $ $ $ 604,800.00 778,300.00 59,500.00 1,850.00 900 1,800 0 $ 259,200.00 $ 392,400.00Asphalt Concrete (T=7.5") Adjust Water Valve Frame and Cover Adjust Manhole Frame and Cover 1,700.00 1,850.00 $- 1 7 $13,000.00 SUBTOTAL CONSTRUCTION COST $ 1,444,450.00 $ 664,600.00 Design Engineering 10% 10% 15% $ $ $ 144,000.00 144,000.00 217,000.00 $66,000.00 Contingency $66,000.00 Construction Engineering TOTAL PROJECT COST $ 100,000.00 $ 1,949,000.00 $ 897,000.00 10/17/2024 EXHIBIT C Insurance Provisions C-1 INSURANCE AMOUNTS. Contractor shall maintain the following insurance for the duration of this Agreement: Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and sub-contractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL). Insurance Services Office (ISO) Form CG 0001 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $3,000,000 per occurrence and $5,000,000 in the aggregate. Umbrella and excess insurance policies can be used to meet the required limits. 2. Automobile Liability (AL). Insurance Services Office Form CA 0001 covering Code 1(any auto), with combined single limit no less than $3,000,000. 3. Workers’ Compensation (WC). As required by the State of California, with statutory limits, and Employers’ Liability insurance with a limit of no less than$1,000,000 per accident, policy, employee for bodily injury or disease. 4. Builder’s Risk (Course of Construction) (BR). Utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no co- insurance penalty provisions. 5. Surety Bonds as described below. These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City’s rights under this contract. C-1 Self-Insured Retentions Self-insured retentions must be declared to and approved by City. At the option of City, Contractor shall cause its insurer(s) to reduce or eliminate such self-insured retentions as respects City; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Contractor’s CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Contractor. Additional insured status can be provided in the form of an endorsement to Contractor’s insurance. 2. For any claims related to this project, Contractor’s insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it. 3. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. 4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers” by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement(s) that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s). 5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended, voided, reduced in scope or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non-renewal due to non-payment. C-2 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), 20 Civic Center Plaza M-XX (Responsible Staff’s Department Mail Box), Santa Ana, CA 92701. The name and location of project must be indicated in the Description of Operations section of each certificate. Builder’s Risk (Course of Construction) Insurance Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name City of Santa Ana as a loss payee as its interest may appear. If the project does not involve new or major reconstruction, at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at City’s site. Claims Made Policies If any coverage required is written on a claims-made coverage form: 1. The retroactive date must be shown, and this date must be before the execution date of the contract. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work. 3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work. 4. A copy of the claims reporting requirements must be submitted to City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to CITY. C-3 Waiver of Subrogation Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub-contractors. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Sub-Contractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Surety Bonds Contractor shall provide the following Surety Bonds: 1. Bid Bond 2. Performance Bond 3. Payment Bond 4. Maintenance Bond The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. C-4 Failure to Maintain Insurance Coverage If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. C-5 EXHIBIT 3