ORANGETHORPE AVE (PLACENTIA AVE TO KRAEMER BLVD)
COOPERATIVE AGREEMENT
BETWEEN CITY OF PLACENTIA AND CITY OF ANAHEIM
FOR FUNDING AND CONSTRUCTION OF THE
FY 2022-2023 STREET REHABILITATION PROJECT
This COOPERATIVE AGREEMENT ("Agreement") is made and entered into this 17th day of October 2023, by and between the CITY OF PLACENTIA ("Placentia"), a municipal corporation and charter city, and the CITY OF ANAHEIM ("Anaheim"), a municipal corporation and charter city (the "Parties").
RECITALS
A. Orangethorpe Avenue is an existing four -lane arterial street located on the border of Anaheim and Placentia, laying partially in Anaheim and partially in Placentia, as shown in the Project Location Map attached as Exhibit "A" and incorporated herein by reference. Orangethorpe Avenue runs generally in a west -east direction, from Placentia Avenue to Kraemer Boulevard.
B. The Parties agree that Orangethorpe Avenue is in need of rehabilitation, for all portions located in Anaheim as well as in Placentia (the "Project").
C. Project improvements will include: 1) Mobilization and Traffic Control; 2) Best Management Practices; 3) Unclassified Excavation; 4) Surface Preparation and Crack Seal; 5) 2" Cold Mill; 6) AC Pavement; 7) ARHM Pavement; 8) Crushed Aggregate Base; 9) Curb and Gutter; 10) Adjust Sewer Manhole to Grade; 11) Adjust Storm Drain Manhole to Grade; 12) Survey Markers and Monument Preservation and Restoration; and 13) Signing, Striping, Markings and Pavement Legends.
D. Anaheim has reviewed the estimate for the project and agrees with the scope of the work to be performed in Anaheim on Orangethorpe Avenue from 850' west of Community Drive to Kraemer Boulevard as well as the contractor's estimated costs for their share of the Project in Anaheim. The estimate for that portion of the work to be performed in Anaheim, is attached as Exhibit "B" and incorporated herein by reference.
E. The Parties agree that Placentia shall take the lead in managing the Project and that Anaheim shall reimburse Placentia for that portion of the work within Anaheim according to the provisions set forth herein.
F. Each Party has authorized sufficient funds in its budget to cover the costs of the Project in its respective jurisdiction.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual covenants and conditions contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
1. Proiect Funding Obligations.
1.1. Anaheim will be responsible forone hundred percent (100%) of the cost for those portions of the Project on Orangethorpe Avenue from 850' west of Community Drive to Kraemer Boulevard that are located within Anaheim ("Anaheim Portion"), as set forth in Exhibit "B" ("Anaheim's Costs"). Anaheim will pay Placentia directly, upon receipt of an invoice and statement of work confirming that the Project has been completed.
1.2. Anaheim will be responsible for its pro -rata share of Project design, environmental, construction, inspection and construction engineering cost for work performed within the boundaries of ANAHEIM, which is approximately $185,473.80 (or approximately 3% of the total PROJECT cost of $6,694,872.18). Anaheim's final cost shall be based on the actual cost at completion, not to exceed $200,000.00, which includes the additional funds to cover design, inspection and construction engineering costs.
1.3. Placentia will be responsible for one hundred percent (100%) of the cost for those portions of the Project which are located within Placentia ("Placentia Portion).
Placentia will also be responsible for the cost of the bid preparation, and all costs associated with Project Management. Placentia will pay the contractor directly and be reimbursed by Anaheim as provided in Section 2.1.
2. Payment Obligation
2.1. Anaheim shall pay for the Anaheim Portion based on its proportionate share of the actual pavement quantities as measured in the field. The contractor shall provide and verify such amounts to the satisfaction of Anaheim. In the event of a dispute over the pavement quantity allocations, the parties shall work cooperatively with the contractor to resolve such dispute.
3. Construction Responsibilities.
3.1. Project Engineer. Placentia shall act as Project Engineer and be responsible for all tasks necessary to prepare construction plans, specifications and cost estimates in accordance with all applicable criteria from Anaheim, Placentia, the County of Orange, and Caltrans.
3.2. Utility Relocation/Impacts. Placentia and Anaheim shall work together to identify all conflicting utilities within the Project. Placentia shall issue all utility relocation request letters or other communications with utilities.
3.3. Project Plans Insurance & Warranties.
a. Placentia has submitted Project plans, specifications and the contractor's bid proposal to Anaheim for review and approval and Anaheim has approved said Project plans, specifications and bid proposal. All work completed in Anaheim shall be constructed per Anaheim's specifications.
b. Placentia shall require the contractor to identify the City of Anaheim as an additional insured with insurance sufficiently broad to the satisfaction of Anaheim. c. Placentia shall require the contractor to pass through and assign all warranties to Anaheim associated with the Anaheim Portion of work.
3.4. Project Inspection. Anaheim shall have access to the Project at all times during construction for the purpose of inspection. Anaheim shall inspect the Anaheim Portion regularly. Anaheim agrees to cooperate with Placentia on any joint inspections as requested by Placentia. Should Anaheim deem any remedial work to be necessary, Anaheim shall notify Placentia in writing thereof within three (3) business days of inspection, specifically describing the needed corrections and proposed remedial work.
Anaheim shall be solely responsible for any remedial work that is not brought to Placentia's attention in accordance with this paragraph.
3.5. Traffic Control. Traffic control for the Project may require road/lane closures and traffic signal management. The Parties agree that Placentia shall take the lead in coordinating traffic control in and around the Project and Anaheim agrees to work cooperatively with Placentia in traffic management.
3.6. Permits.
a. Placentia shall obtain any and all permits required for the Project, including encroachment permits and Caltrans permits.
b. Anaheim shall issue any required encroachment permits necessary for the Project at no charge.
3.7. Community Notification. Placentia shall provide any and all required notification regarding the Project, including business and neighborhood community notifications.
3.8. Contract Change Orders. Anaheim shall review and upon approval pay for any contract change orders ("CCOs") deemed necessary by Placentia for construction of the Project. If CCOs are needed within the Anaheim Portion, Anaheim shall review and approve such CCOs during construction and City Engineer, or designee, shall coordinate CCO approval. The City Engineer, or designee, (hereinafter "Project Liaison") shall provide concurrence on CCOs within three (3) business days of Placentia's submittal to
Anaheim. If Anaheim fails to concur with or propose changes to CCO within such time, such CCO shall be deemed approved.
3.9. Project Accer tance. Prior to Placentia's acceptance of Project improvements and filing a notice of completion, Anaheim's Project Liaison shall review and provide written approval of all Project work. Anaheim will not accept their portion of the project until all work is 100% complete, per Section 3.4. Placentia shall furnish Anaheim with one set of record drawings for the completed Project and a copy of the filed notice of completion.
3.10. Anaheim's Obligations Post -Construction. Upon Anaheim's City Engineer written approval and Placentia's final acceptance of the Project, Anaheim shall assume ownership, maintenance obligations and environmental mitigation responsibilities for the portions of the Project within the City of Anaheim.
4. Miscellaneous Obligations.
4.1. Time is of the essence in the execution and performance of this Agreement.
4.2. Indemnification & Hold Harmless. The Parties shall indemnify, defend with counsel approved in writing, save and hold each other's elected officials, officers, directors, agents and employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or expenses, of every type and description to which they may be subjected arising out of any act or omission of, its employees, representatives, agents and independent contractors in connection with the implementation of the actions described in this Agreement.
4.3. Assignment. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. No assignment of either Party's interest in this Agreement shall be made without the written consent of the other Party.
4.4. Entirety & Amendments. This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties. No oral understanding or agreement not incorporated herein shall be binding on either Party.
4.5. Severabilitv. If any part of this Agreement is held, determined, or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.
4.6. Notices. Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows:
CITY OF ANAHEIM
Public Works Department
200 S Anaheim Blvd
Anaheim, CA 92805
Attn: City Engineer
CITY OF PLACENTIA
Public Works Department
401 E Chapman Ave
Placentia, CA 92870
Attn: City Engineer
All notices shall be in writing and deemed effective when delivered in person or deposited in the United States mail, first class postage prepaid and addressed as above.
Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and any such notice so given shall be deemed to have been given upon receipt during normal business hours or, in the event of receipt after business, on the following business day. Any notices, correspondence, reports and/or statements authorized or required by this Agreement, addressed in any other fashion shall be deemed not given
4.7. Governing Law & Venue. This Agreement shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties agree to submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394.
4.8. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
4.9. Termination. In the event either party defaults in the performance of any of it obligations under this Agreement or materially breaches any of the provisions of this Agreement, the non -breaching Party shall have the option to terminate this Agreement upon thirty (30) days' prior written notice to the other Party. In the event the breaching Party cures such default within such thirty (30) day period, the election to terminate shall be deemed revoked and of no further force and effect as to that particular default.
4.10. Consent to Breach Not Waiver. No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement by and through their authorized officers this 17th day of October 2023.
ATTEST:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
CITY OF PLACENTIA
A Municipal Corporation
Damien R. Arrula, City Administrator
CITY OF ANAHEIM,
A Municipal Corporation
Date: By:
ATTEST:
Theresa Bass, City Clerk
Rudy Emami, Public Works Director
APPROVE AS TO FORM:
ANAIH IM CITY A ` NEY
By \i
Bryn VI. ('1orley, ■.-putt' • ty Attorney
150099`
Exhibit "A"
Project Location Map
r/////I PROJECT LOCATION
CITY OF ANAHEIM
DEPARTMENT OF PUBLIC WORKS
200 SOUTH ANAHEIM BLVD. #276
ANAHEIM, CA 92805
(714) 765-5176
www.anaheim.net
NOT TO SCALE
VICINITY MAP
VICINITY MAP
Orangethorpe Ave. Rehabilitation from 850' west of
Community Dr. to Kraemer Blvd. Project
CITY OF ANAHEIM
DEPARTMENT OF PUBLIC WORKS
Exhibit "B"
Cost Sharing Amount:
City of Anaheim
CITY OF ANAHEIM -PUBLIC WORKS DEPARTMENT
DESIGN SERVICES DIVISION
COST & QUANTITY ESTIMATE
(Anaheim's Portion) Orangethorpe Rehab from 900' W/O Community Dr. to Kraemer Blvd.
Co-op with Placentia as lead
ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE COST
1 Concrete Replacements (4 ramps) 1 LS $20,000.00 $20,000.00 2 Miscellaneous (Traffic control, Etc) 1 LS $10,000.00 $10,000.00 3 Signing and Striping 1 LS $5,000.00 $5,000.00
4 Utility Adjustment 1 LS $10,000.00 $10,000.00
5 Cold mill/A.C. planing (2" deep minimum) 5,250 SY $2.50 $13,125.00 6 Asphalt concrete 2" ARHM 600 TON $150.00 $90,000.00
Subtotal $148,125.00
Contingency (10%) $14,812.50
Construction Management (10%; $14,812.50
Construction Total (A) $177,750.00
Design Costs (Anaheim's Portion) $6,436.50
Inspection Costs (Anaheim's Portion; $643.65
Construction Engineering Costs (Anaheim's Portion, $643.65 Subtotal Total (B) $7,723.80
Project Total (A+B) $185,473.80
Not to Exceed Amount $200,000.00