HomeMy WebLinkAbout25E - RED HILL PAVEMENT REHAB COOPERATIVE AGMTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 3, 2009
TITLE:
RED HILL PAVEMENT REHABILITATION
COOPERATIVE AGREEMENT WITH CITY OF
IRVINE
'~ n
i
1~, ~---
/ CITY MANAGER
~~
Authorize the City Manager and
attached agreement with the City
subject to non-substantive changes
Attorney.
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Clerk of the Council to execute the
of Irvine in the amount of $125,000,
approved by the City Manager and City
DISCUSSION
On February 17, 2009, President Obama signed the American Reinvestment
and Recovery Act (ARRA) of 2009, providing federal stimulus funds to
promote economic recovery. The City of Irvine will be receiving $2.4
million of ARRA funds distributed by the Orange County Transportation
Authority {OCTA) for the Red Hill Pavement Rehabilitation Project fram
Reynolds to Deere (Exhibit 1) . A portion of the improvement is in Santa
Ana.
This rehabilitation project consists of removal and replacement of
deteriorated asphalt pavement, concrete sidewalk, curb, gutter, and
pavement striping. The engineer's estimate for the construction phase
is approximately $2.5 million.
The City boundary between Santa Ana and Irvine lies within the south-
bound travel lanes along the westerly curb lane. The agreement between
the two cities designates the City of Irvine as lead agency for the
project. Santa Ana has agreed to reimburse Irvine a maximum of $125,000
for the cost of improvements within Santa Ana's city limits that are
over the $2.4 million budget. The reimbursements to Irvine will be paid
over two fiscal years - FYs 09/10 and 10/11.
25E-1
Red Hill Pavement Rehabilitation
Cooperative Agreement with City of Irvine
August 3, 2009
Page 2
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA) and
the National Environmental Policy Act (NEPA), the proposed project is
exempt from further review. A Categorical Exemption was filed under
CEQA and a categorical exclusion was filed under NEPA for this project
by the City of Irvine.
FISCAL IMPACT
Funds are available in the Select Street Construction Fund (account no.
59-551-6631, project 08-1738-M).
APPROVED AS TO FUNDS AND ACCOUNTS:
_~ ti.G '~ d w
James G. oss
Executive Director
Public Works Agency
F~
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25E-2
FUNDING AND IMPLEMENTATION AGREEMENT BETWEEN
CITY OF SANTA ANA AND CITY OF IRVINE
REDHILL AVE. REHABILITATION PROJECT BETWEEN REYNOLDS AND DEERE
THIS Cooperative Agreement ("Agreement"), is made and entered into this day of
2009, by and between the CITY OF SANTA ANA, a California charter city ("Santa
Ana"), and the CITY OF IRVINE, a California charter city ("Irvine"). In this Agreement, Santa Ana
and Irvine may each be individually referred to as a "Party" and collectively referred to as the "Parties."
RECITALS:
WHEREAS, Irvine has initiated and is proceeding with the Red Hill Avenue Rehabilitation
Project between Reynolds Avenue and Deere Avenue ("Project"), which includes cold milling, removal
and replacment of Asphalt Concrete pavement, Asphalt Concrete and Asphalt Rubber Hot Mix
pavement surface course overlay, adjusting valve covers and manhole covers to grade, removal and
replacement of damaged concrete curb, gutter and sidewalk, modifying curb ramps, and other items not
mentioned here but are required by the plans and the Special Provisions; and
WHEREAS, the Project involves Santa Ana and Irvine because the common city boundary line
exists within the southbound lanes of Red Hill Avenue between Alton Parkway and Deere Avenue as
depicted on the Project plans; and
WHEREAS, Irvine has applied for funding under the federal American Recovery and
Reinvestment Act of 2009 ("ARRA") to undertake the Project; and
WHEREAS, some of the Project includes work within Santa Ana, which work is included in
Irvine's request for funding under ARRA; and
WHEREAS, if Irvine does not receive funding under ARRA then it will not construct the Project
and this Agreement will thereby be rendered null and void for all purposes; and
WHEREAS, Santa Ana agrees that, despite the ARRA funding, it will reimburse Irvine for
potential cost overruns associated with the actual construction within Santa Ana's City limits
("Improvements") of the Project ("Santa Ana's Reimbursement"), to the extent Santa Ana's
Reimbursement (a) does not exceed $125,000.00 in total; (b) are reasonably expended by Irvine for
improvements located within Santa Ana and on the cost items set forth in the cost estimate attached
hereto as Exhibit "A" which is incorporated herein by this reference as though fully set forth, or any
change order to Exhibit "A" subsequently approved in writing by Santa Ana; and (c) are incurred by
Irvine in Fiscal Year 2009-2010 or Fiscal Year 2010-2011;
25E-3
NOW, THEREFORE, based upon the foregoing Recitals, which are incorporated as terms of this
Agreement, and for good and valuable consideration, the receipt and sufficiency of which is
acknowledged by all Parties, the Parties agree as follows:
1. Santa Ana shall transfer to Irvine responsibility and lead agency designation for preparing
the construction documents and material testing, site construction survey, construction
engineering, construction management, and construction of the Improvements, and such
Improvements will be constructed by an independent contractor.
2. Notwithstanding the provisions of paragraph 1 of this Agreement, for improvements to be
constructed within the City limits of Santa Ana, Santa Ana shall review and sign the final
design drawings for the Improvements prior to bid advertisement, and shall review and
approve in writing the contractor's construction bid prices prior to Irvine's award of a
construction contract for the Improvements. Irvine and Santa Ana agree to reasonably
cooperate in resolving any disputes over Improvement construction bid prices.
3. Should the Project receive ARRA funding, and should the cost of the Project exceed said
ARRA funding, then Santa Ana will reimburse Irvine for Santa Ana's Reimbursement, to
the extent Santa Ana Reimbursement (a) does not exceed $125,000.00 in total; (b) are
reasonably expended by Irvine for Improvements within Santa Ana and on the cost items
set forth in the cost estimate attached hereto as Exhibit "A" which is incorporated herein
by this reference as though fully set forth, or any change order to Exhibit "A"
subsequently approved in writing by Santa Ana; and (c) are incurred by Irvine in Fiscal
Year 2009-2010 or Fiscal Year 2010-2011. Irvine shall submit two (2) invoices if it seeks
Santa Ana Reimbursement. The first invoice will be submitted upon Project completion
for 50% of actual eligible construction costs. This invoice shall be accompanied by a
final project cost summary detailing Santa Ana Reimbursement activities performed on
the project. The invoice shall be reviewed, approved, and signed by Irvine's authorized
staff to certify that costs presented are true and accurate costs necessary for the
construction of the Improvements. The final invoice will be submitted one (1) year after
Project completion for the balance of eligible construction costs. Invoices shall provide
details of the costs subject to Santa Ana's Reimbursement that were incurred during
construction. Santa Ana shall notify Irvine of any disputed invoice items within seven (7)
business days of receiving an invoice. Santa Ana and Irvine agree to reasonably
cooperate in resolving any disputes over invoiced costs. Santa Ana's signature and
approval pursuant to this paragraph 3 shall not be unreasonably withheld. Invoices shall
be addressed and delivered to Irvine's designate as indicated in this Agreement. Unless a
dispute over an invoice exists, reimbursements shall be paid within 30 calendar days after
receipt of an invoice from Irvine, subject to Santa Ana's normal accounting practices.
4. Irvine shall furnish Santa Ana with a copy of any proposed change order to the
construction contract within ten (10) working days of initiation of changed conditions to
such contract. Santa Ana shall promptly review and respond to proposed change order(s)
within five (5) working days of receipt by Santa Ana. Santa Ana shall not unreasonably
withhold written approval of any such change order. Santa Ana's payment rights and
obligations for any change order shall otherwise be as provided in paragraph 3 above.
-2-
25E-4
5. Santa Ana shall issue a no fee permit and provide inspection for the construction of the
Improvements at no cost to Irvine.
6. Irvine and Santa Ana shall extend cooperation to each other during construction of the
Improvements to facilitate timely completion of both the Improvements and the Project.
7. Irvine shall provide Santa Ana final record drawings for the project within 60 days of the
completion and acceptance of construction.
Any controversy or claim arising out of this Agreement or alleged breach thereof shall
first be resolved through voluntary mediation or as otherwise mutually agreed upon in
writing by the City Manager of Irvine or designee and the City Manager of Santa Ana or
designee. Said City Managers or their designees shall be the selected representatives of
each Party to act on each respective Party's behalf with respect to this Agreement.
9. Irvine and Santa Ana shall indemnify each other, defend and hold each other's
councilmembers, officers, officials, employees, agents, and representatives harmless from
and against any and all actions, claims, demands, judgments, attorneys fees, costs,
damage to persons or property, penalties, obligations, expenses or liabilities (collectively,
"claims") that may be asserted or claimed by any person or entity arising out of, or in
connection with, the construction of the Improvements, except to the extent such claims
arise out of a Party's willful or negligent acts or omissions.
10. This Agreement shall commence upon execution by both Parties, and shall continue in
full force and effect until Project completion or through June 30, 2011 whichever comes
first, as mutually agreed to by both Parties. Final payment shall not be made unless and
until Santa Ana has received final Record Drawings from Irvine.
11. The following staff members, or as otherwise designated in writing by the City Manager
of Santa Ana or the City Manager of Irvine, shall be the selected representatives of each
Party to act on each respective Party's behalf with respect to this Agreement. Every
notice, demand, request, or other document or instrument delivered pursuant to this
Agreement shall be in writing, and shall either be personally delivered, sent via e-mail
with the original subsequently delivered by any other means authorized herein, or sent by
certified United States mail, postage prepaid, to the representative and address set forth
below, or such other address as the Parties may designate in the future:
City of Santa Ana
ATTN: Souri Amirani
Deputy City Engineer
20 Civic Center Plaza, M-21
Santa Ana, CA 92702
Phone: (714) 647-5640
E-Mail: samarani@santa-ana.org
City of Irvine
ATTN: Darrell Hartman
Senior Civil Engineer
P.O. Box 19575
Irvine, 92623-9575
Phone: (949) 724-7556
E-Mail: dhartman@ci.irvine.ca.us
12. The provisions of this Agreement, including this Paragraph, may be modified or waived
only in a writing signed by Irvine and Santa Ana. No waiver with respect to any portion
-3-
25E-5
of this Agreement shall apply to any other portion of the Agreement, and a waiver on one
occasion shall not be deemed a waiver of the same or any other breach on a future
occasion.
13. The preceding Recitals are hereby incorporated into the terms of this Agreement as
though fully set forth therein.
14. This Agreement shall be deemed jointly drafted and written by both Parties, and shall not
be construed or interpreted against any particular Party, regardless of which Party or
counsel originated or drafted any portion of it.
15. Each Party hereto expressly warrants and represents that the representative signing this
Agreement has authority to sign this Agreement on behalf of said Party and bind said
Party to the terms of this Agreement.
16. In pertaining to its obligations and duties under this Agreement, Irvine shall comply with
all applicable regulations relating to the payment of prevailing wages, including but not
limited to California Labor Code section 1720 et seq. and the federal Davis-Bacon Act.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the
day and year first written above.
"Santa Ana"
CITY OF SANTA ANA
By:
David N Ream, City Manager
APPROVED AS TO FORM:
"Irvine"
CITY OF IRVINE
By:
Sukhee Kang, Mayor
APPROVED AS TO FORM:
By: By;
Joseph W. Fletcher
City Attorney
-4-
Philip D. Kohn
City Attorney
25E-6
ATTEST:
By:
Patricia E. Healy
Clerk of the Council, City of Santa Ana
Recommended for Approval:
Jim Ross, Executive Director
City of Santa Ana Public Works Agency
ATTEST:
By:
-5-
Shari Apodaca
City Clerk of the City of Irvine
25E-7
EXHIBIT "A"
COST ESTIMATE
Date Revised: 06/02/09
Redhill Rehabilitation: Alton to Deere
NO. DESCRIPTIpN UNIT L~ANTITY UNIT PRICE COST
1 Mobilization LS 1 $8,730.00 $8,730.00
2 Traffic Control LS 1 $10,475.00 $10,475.00
3 Traffic Striping, Markers and Markings LS 1 $2,619.00 $2,619.00
4 Remove Existing Curb & Gutter LF 1,039 $10.00 $10,390.00
5 Remove Existing Sidewalk and Ramps SF 2,422 $2.00 $4,844.00
6 Construct 5" Thick AC Leveling Course TON 883 $68.00 $60,044.00
7 Construct 19" Thick Aggregate Base TON 3,216 $17.00 $54,672.00
Roadway Excavation (Remove Existing AC
Pavement & Aggregate Base Course) to a 26"
8 depth CY 2,268 $28.00 $63,504.00
Construct 2" Thick Asphalt Rubber Hot Mix
9 (ARHM) Wearing Course TON 353 $80.00 $28,240.00
Adjust Storm Drain Manhole Frame and Cover to
10 Grade Per City of Santa Ana Std. Plan No. 307 EA 5 $575.00 $2,875.00
Construct Concrete Sidewalk Per City Of Santa
] 1 Ana Std. Plan No. 1104. SF 1,565 $5.00 $7,825.00
Construct Type A-2-8 Curb & Gutter Per City Of
12 Santa Ana Std. Plan No. 1101. LF 1,039 $30.00 $31,170.00
Construct Type 1 Curb Ramp Per City Of Santa
13 Ana Std. Plan No. 1122 SF 857 $7.00 $5,999.00
Construct Concrete Bus Pad Per City of Santa Ana
14 Std. Plan No. 1108 SF 691 $9.00 $6,219.00
15 Install Traffic Loop Detectors EA 17 $200.00 $3,400.00
16 Adjust Traffic Signal Pull Box to Grade EA 2 $375.00 $750.00
17 Relocate Traffic Signal Pull Box EA 1 $7,000.00 $7,000.00
18 Install Traffic Signal Pull Box EA 1 $640.00 $640.00
Extend Underground 2-1/2" Conduit and Install
19 New DLC Wiring for Advanced Traffic Loops LF 168 $24.00 $4,032.00
Replace and Adjust Water Valve Frame and Cover
to Grade Per City of Santa Ana Std. Plan No.
20 1410A EA 7 $625.00 $4,375.00
21 Project Information Signs EA 1 $489.00 $489.00
22 Prepare and Implement SWPPP LS 1 $873.00 $873.00
SCIBTOTAL `319, ! 65.00
TOTAL
$351,065.00
-6-
25E-8
i
CITY OF SANTA ANA
~~P ~h1
_ ~QIG `~Q
5P
~~
,~P
G~~
~&~
°`
~"
~a~
°°~~~
,~
~q,
9~~~
O
e°~ q ~sq~
<~q~y~'9 FtiG~
9~
A~
~~>
~~*•'~
`®~
~~
~a.
~a®
~"
O~~ ~
9
Fq`~
~'G~.
EXHIBIT 1
PROJECT LOCATION
CITY OF IRVINE
SANTA ANA
crrY couNCiL TITLE RED HILL PAVEMENT
l AGENDA DATE REHABILITATION COOPERATIVE
PUBLIC ^ORkS AGENCr AUGUST 3, Zoos AGREEMENT WITH CITY OF IRVINE
r
25E-9
25E-10