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Home My WebLink AboutCOSTA MESA, CITY OF (SUNFLOWER AVE REHAB)-2014A- 2014 -086 IT R 17 2014 COOPERATIVE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CITY OF COSTA MESA FOR THE PAVEMENT REHABILITATION OF SUNFLOWER AVENUE FROM AVENUE OF THE ARTS TO MAIN STREET 0° This cooperative agreement ( "Agreement ") is made and entered into this day Of 1 2014, 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 C� agreement to resurface and stripe the roadway pavement on Sunflower Avenue from Avenue of the Arts to Main Street (the "PROJECT "); and, B. WHEREAS, the PROJECT is included in COSTA MESA plans titled Arterial Streets Rehabilitation Project -Costa Mesa, Contract No. 13 -08, as shown on Exhibit "A ", attached hereto and incorporated herein; and, C. WHEREAS, the PROJECT has been advertised and awarded to R.J. Noble 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 Sunflower Avenue; 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 $933,305 as shown in Exhibit "B ", attached hereto and incorporated herein. The total estimated PROJECT construction cost will be divided between the parties as follows: COSTA MESA SANTA ANA Total Construction cost $904,754 $28,551 $933,305 Contingency (20 %) $ 5,710 A-2014 -086 COOPERATIVE AGREEMENT BETWEf1iEITY bFtl SANTA ANA AND THE CITY OF COSTA MESA FOR THE PAVEMENT REHABILITATION OF SUI'P$t :0AERFAVEfiJU ''. FROM AVENUE OF THE ARTS TO LR$TREET"' This oo erative agreement ( "Agreement ") is made and entered into this �� day of , 2014, 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 Sunflower Avenue from Avenue of the Arts to Main Street (the "PROJECT "); and, B, WHEREAS, the PROJECT is included in COSTA MESA plans titled Arterial Streets Rehabilitation Project -Costa Mesa, Contract No. 13 -08, as shown on Exhibit "A ", attached hereto and incorporated herein; and, C. WHEREAS, the PROJECT has been advertised and awarded to R.J. Noble 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 Sunflower Avenue; 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 $933,305 as shown in Exhibit "B ", attached hereto and incorporated herein. The total estimated PROJECT construction cost will be divided between the parties as follows: COSTA MESA SANTA ANA Total Construction cost $904,754 $28,551 $933,305 Contingency (20 %) $ 5,710 H. WHEREAS, the total PROJECT construction cost plus contingency for SANTA ANA does not exceed the total amount of $35,000 (rounded); and, I. WHEREAS, the PROJECT is declared categorically exempt from CEQA (Section 15301, Class 1 (c)). NOW. THEREFORE, the parties agree as follows: A. COSTA MESA Rights and Duties: COSTA MESA shall be the lead agency for the design and construction work and 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 PROJECT. 2. COSTA MESA shall pay for all PROJECT design, materials testing, site survey, construction engineering and construction management. 3. COSTA MESA shall pay its proportionate share of construction cost, which is estimated in Exhibit "B" of this Agreement. 4. COSTA MESA shall notify SANTA ANA in writing of any changes, increased costs, and meetings associated with COSTA MESA's lead agency responsibilities for the PROJECT. 5. Change orders for work within SANTA ANA must receive the written approval of the Executive Director of the Public Works Agency of SANTA ANA prior to implementation, which approval shall not be unreasonably withheld. SANTA ANA shall have a minimum of five (5) working days to review and approve change orders. SANTA ANA shall have inspection authority within SANTA ANA jurisdictional boundaries and shall be notified of the progress of the PROJECT for such purposes. SANTA ANA shall 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. 6. COSTA MESA shall provide SANTA ANA final record drawings for the PROJECT within 60 days of the completion and acceptance of construction. SANTA ANA Rights and Duties: SANTA ANA shall issue a no fee permit for work within SANTA ANA. Contractor shall be required to obtain a SANTA ANA business license prior to starting work. 2. All progress payments for the PROJECT shall be reviewed by SANTA ANA. If SANTA ANA contests the progress payment, SANTA ANA shall request withholding of the payment within five (5) business days of receipt of such 2 C. payment request. SANTA ANA will provide information necessary to substantiate that the required progress has not been met. 3. SANTA ANA shall pay its proportionate share of construction cost, which is estimated in Exhibit "B" of this Agreement, within thirty (30) days after receipt of an invoice from COSTA MESA. JOINT RIGHTS AND DUTIES: In the event that expended costs for the PROJECT exceed funds listed in Exhibit "B ", SANTA ANA shall be solely responsible for obtaining the additional funding for the increased costs occurring within the jurisdictional boundary of SANTA ANA and COSTA MESA shall be solely responsible for obtaining additional funding for the increased costs occurring within the jurisdictional boundary of COSTA MESA. 2. Responsibilities, Obligations and Mutual Indemnity: a. Upon completion of the PROJECT, SANTA ANA shall accept maintenance responsibility for the portion of the PROJECT within SANTA ANA jurisdictional limits, and COSTA MESA shall accept maintenance responsibility for the portion of the PROJECT within COSTA MESA jurisdictional limits. b. Pursuant to Section 8546.7 of the California Government Code, in the event that this Agreement involves expenditures of State funds aggregating in excess of Ten Thousand Dollars ($10,000), both parties shall be subject to the examination and audit of the Auditor General of the State of California for a period of three (3) years after final payment under this Agreement. c. Neither SANTA ANA nor any officer 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 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 SANTA ANA harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by COSTA MESA under or in connection with any work, authority, or duties delegated to COSTA MESA under this Agreement. d. Neither COSTA MESA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANTA ANA 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 COSTA MESA harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANTA ANA in connection with any work, authority, or duties delegated to SANTA ANA under this Agreement. 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 Clerk, 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 By: David Cavazos City Manager ATTEST: Maria D. Hulzar Clerk of the Council RECOMMI ENDE OR APPROVAL: dwin "William' vez, P.E. Interim Executive Director Public Works Agency 0 CITY OF COSTA MESA, a municipal corporation of the State of California By: Aft e� Tom atch Chief Executive Officer EST: renda Green City Clerk APPRO E TO FORM: r 1 Tom Duarte City Attorney RECOMMENDED FOR APPROVAL: N OR R9A O)5E s roNE eR, 'IRINIn 018. 'BRISTO. UT, LILI�'c_.1 RRISTAL BT. > .PAkK [OOINOTQN 9T' 'n "�C ni Ul .. AY$NUF RFWE ARTS ,V, m I1T N n >0 h 0 0 4 q W > > 0 —� OD 0 r �� Rs LRQ ��R F}y e F PhTERKWf10 EXHIBIT"All TIMBER IMHIN �� FVu O�1Y4 R.J. Noble Costa Mass u �Hfn 9nun}jlM1� aP, � CITY OF COSTA MESA P.Q, OOX 1200 • 77 FAIR DRIVE • CALIFORNIA 92623.9200 FROM THE D6PARTMGNT OF PU13LIC 9ERVIMIJIENGINEMING DIVIeION TITLE; ARTERIAL STREETS REHA80.RATION PROJECJ 00.5TA MESA CONTRACT NO.: 1S•08 PRolea COSR $033,305.04 PROJECT MANAPER: PATRICK RAVER TOTAL 534.261 RDUNOED 035000 EXHIBIT 111311 PHONE: ('714)76-0 -0386 FAX: (714)IM•602D TOO: (714) 7649244 www.wstnmesoca.gov R.J. Noble Costa Mass 5smta Ana ITEM RID CtUANTITY DESCRIPTION UNIT 'PRICE AMOUNT UNIT PRICE AMOUNT UNIT' PRICE AMOUNT 1 2. L3 M0811,071ON 34pD0 54 09 0.974 psauo OnR5 890 2 69 200 SF COLD MILL (2" DEPTH4 '$0.45 10 a0 4f3 200 9,230' 21000 $3,15U .S 3611717t} SF COLD MILL 3" DEPTHI .$0.15 $54,150 361,000 54150 0 4 230 CY UNCLAMFIED EXCAVATION (ROADWAY ONLY MR PARTIAL 0IGDUT3 UP TO a ") 54 $9,520 260 $9,520 p SO 5 5,650 MN ASPHALTRURRER; HOT MIX (AHRM) SURFACE I COURSE PIO $452)(10C 1 5.982 1 14=,560 259 821A40 6 2,200 TON ASPHALTCONCRETE AC LEVELING COURSE 7$ 171600 2,206 $171,600 0 IJO 7 450 TON 6 "THfCK A.C. SASE COURSE A7 VARIOUS LOCATIONS FOR PARTIAL DIGOUTS AS DJRECI'ED BY ENGINEER $57 $30,150 450 $50,sa 0 .$D 3 21 FA ADJUST MANHOLE FRAME ANOCOVER TO GRADE $,550 $11,5m 21 `1k 660 0 9 37 EA ADJUST WATER VALVE OAN AND COVER TO GRADE ,$,525 $19A2!; 37 %EARS D 10 1 EA PROJECT MANAGEMENT $75,Odd $75,000 0965 $72,4C4 0.035 $2,596 11 1 LS TRAFHC CONTROL 18,000 12,000 tl.974 $17,625 4.026 475 12 SO EA ELUDE "FIRE HYDRANT" RAISED PAVEMENT MARKERS 11 . 330 _ 30 ,533'0- 0 Sc LS Y LS LANE MARKING$, LANESTRIPES, PAVEMENT LEGENDS AND RAISED PAVEMENT MARKERS 35,000 $35,000 1 $35000 0 M 61 FA INSTALLTRAFFIC LOUPOE.TECTORS $200 12,200 61 12,200 0 $0 T DIAL I s9m,305 1 $904,754 $.2,$553 241% Cunt .5710 TOTAL 534.261 RDUNOED 035000 EXHIBIT 111311 PHONE: ('714)76-0 -0386 FAX: (714)IM•602D TOO: (714) 7649244 www.wstnmesoca.gov