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HomeMy WebLinkAboutCity of Fountain Valley - 1982-01-05.\, -1 .. .. _ _... � .. y _ �� q I a;: . � r � , i;y . CITY OF HUNTINGTON 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Paul E. Cook Public Works Department Director (714) 536.5431 March 16, 1983 Mr. Wayne S, . Osborne Director of Public works City of Fountain Valley P. 0. Box 8030 Fountain Valley, CA 92708 Subject: Street Striping Contract Dean Mr. Osborne: 5 This letter is to inform you that the terms and conditions. listed in -the existing agreement is acceptable to the end of the contract as specified in Section Vl. The actual work is expected to be done during the month of November, 1983. It would be desirable to negotiate a new .contract in early 1984 so that the new term of the contract would be effective from July 1, 1984 to June 30, 1985, `-`Ve y�truly Y,5ffs , >� 1 _ Paul Cook t Director of Public Works -' PFC`• RRL: jy CITY COIF OUNT M VALLEY CIVIC CENTER - 10200 8LI T3R AVENUEP.O. ,= :.19030. . FOUNTAIN VALLEY, CA 92700 (714) `963-8321 February 25, 1983 St. Strpg. H.S./City C F C F.IV Mr. Paul Cook, Director of Public Works DEPT. ox- ;*i.:nE,rC WoMKS City of Huntington Beach P. 0. Box 190 Huntington Beach, Ca 92648 �r'0 1983 SUBJECT: Street Striping Contract 1-Tuur�narotisgcw, �a Dear Mr. Cook: Attached is aii agreement between the City of Fountain Valley and the City of Huntington Beach authorizing the City of Hunt- ington.Beach to provide .Lane markings, stop liners and other pavement markings for the City of Fountain Valley. Section VI states that the City of rountain Valley shall indicate its intention to renew on or before the 31st day of rlarch, 1983, and the parties shall then negotiate for terms and conditions of renewal. Please be advised that the City of Fountain Valley - wishes to continue the contract, As I recall, after this con- tract was prepared by the attorneys, we changed the wording of the first line of Section V1. This wording was changed .from one year to two years; therefore, 'she notice of our intent to } renew the: contract should have also been changed to March 31, 1984, or at least that is my interpretation. As Stated above, we wish to continue the contract; however, in my opinion, the contract is still effective until March 31, 1984. To make it official it is requested that you submit a letter to me stating that the terms and conditions listed in the existing agreement are acceptable to the end of the term of the contract. Very truly yours., CITY OF FOUNTAIN VALLEY WAY reto, OSBORNE Dir of Public Works WSO/dh s co~3 City Attorney City Clerk r'. i Evelyn McClendon, City Clerk City or Fountain Valley 10200 Slater Avenue C-8030 Fountain Valley, CA 92708 Dear Evelyn, Enclosed is,a duly executed copy of the agreement between the City of Huntington Beach and the City of Fountain Valley for street narking maintenance which was approved by our City Council on February 1, 1982. V. E- /AM EUFOR, ITT COUNT . ACTION Date January 20, 1982 Submitted to: ionorable Mayor and City Council Submitted by: C. W. Thompson, City Administrato 7"""`� ". Preparers by: Paul E. Cook, Director of Public Works Subject Agreement with Fountain Valley for Maintenance of Street Markings e-5 -3/ Statement a Issue. Recommendation, Analysis, Funding Source, Alternative Actions, .AttarVin eats STATEMENT OF ISSUE: The City of Fountain Valley has requested that the City of Huntington Beach stripe their streets on a contract'bwnis. RECOMMENDATIONS It is recommended that the City Council approve the attached agreement and autho-ize the Mayor and City Clerk to execute i' on behalf of the City. ANALYSIS: Ti_� City of Eountai,n Valley wishes to contract with Huntington Beach to stripe all the arterial highways in that City. This function was formerly accomplished by the City o c Costa 'Mesa under an. agreement. lioweVer,, Co,s-ta Me.�a can no longer perforra this service because of aging equipment and o ,./pr commitments. It iV estimated that it will require the use of our Idaho-Noreland striping machine and one equipment operator for approximately 50 hours to accomplish. the work. All other required personnel and equipment will be furnished by Fountain. Valley. Signing and. decking work will continue to be done by Fountain Valley personnel. f The proposed contract provides for payment of all labor, equipment and material costs plus 5% overhead cost on material, 35t fringe benefits', and 25 overhead cost on labor and equipment, ALTERNATIVE: Do riot approve agreement. FUNDING SOURCE: All costs :for this project is derived from the General Fund which is par- tially subsidized by Gas Tax. funds.: Revenue from the 'project will be re- turned to the General. Fund. z ATTACHMENT Agreement CW`I:'PC:7kRL P9 41M AGREEMENT THIS AGREEMENT, made and entered into this 5th___ day of January y„ 1982, by and between the CITY OF FOUNTAIN VALLEY,; a .municipal corporation, hereinafter called "VALi,FY," and the CITY OF`HUNTINGTON BEACHy a municipal corporation, hereinafter called "BEACH." W I T N E S S E T H T H A T 14FEREAS, VALLEY desires to contract with BEACH for the marking. of public streets within the jurisdiction of VALLEY and WHEREAS, the parties hereto desire to set forth their rights and liabilities in connection therewith. NOW, THEREFORE, for and in consideration of the covenants herein contained, performed and to be performed, the parties hereto agree as follows: Z. STATEMENT OF WORK r A. For the consideration as set forth hereinafter, BEACH shall perfirm, the following services: 3� l.. Furnish marking equipment L.nd operators for longitudinal lime marking, excluding, transverse lines, stop lines, pavemeni, a 3 YrSb i fi:b ''messages and crosswalks. The marking shall be performed and completed by BEACH. subject to the inspection and approval of VALLEY. 2. Line marking shall be performed annually during September as conditions allow along VALLEY arterial. streets. 3. Line marking shall also be performed during March of any effective year upon optional request by VALLEY,. 4. Remove or obliterate marking as a consequence of improper operation of equipment. 5. Perform addition:,' line marking, directed by VALLEY as a consequence of new pavement construction, unusual wear or unantici- pated circumstances at the time of the regular annual striping, in September or optional, "equest in March. 6. Furnish marking paint approved by VALLEY compatible to BEACH equipment: B. VALLEY shall provide in conjunction with the services above set forth: I. Two back-up trucks ope.ratErd by VALLEY personnel., line layout or, new or worn pavement and removal of obliteration of existing marking as required. Il. INDEMNITY VALLEY t. ill protect, defend, indemnify and save harmless BEACH, Its offiicers - agents and employeers against any Loss,; damagf, or expense incurred by reason of any suit, claim, demand, judgment or cause of action arising out of the performance of this agreement by VALLEY. BEACH will protect, defend, indemnify, hold and save harmless VALLEY, its officers and employees from any lass, damage or expense incurred by reason of any suit, claim, demand, judgment or cause of action arising out of the performance of this agreement by BEACH, excepting for such times as such perf,D:^mance is under the direct control and supervision of VALLEY. TIS. INSURANCE VALLEY will furnish to CITY evidence of compliance with BEACH' Resolution 43-11 a copy of which is attached hereto and inco.2porated by reference herein or with evidence of a program of self-insurance acceptable to BEACH. BEACH is a partially self -insured public entity. - IV. COMPENSATION v `ALLEY shall pay for the above set forth materials and services r the amount of $30 per hour operation of the marking equipment,' the w :z NT'4'i CITY OF FOUNTAIN VALLEY f CITY HALL 10200 SLATER AVENUE,C-E030 � f (714j 963-8,321 CALIFORNIA S2708 March 15, 1982'- Alicia M. Wentworth City Clerk . City of Huntington Beach 2000 Main Street Huntington Beach, CA. 92648 Dear. Alicia:, in ,accordance with Section J of the agreement vith your city .for street striping, I am enclosing a copy of Resolution No, 7747 which establishes $100,000 liability reserve fund for the City of Fountain Valley. Also enclosed is a copy of the Minutes from the Council Meeting of October 6, 1981, which indicates our liability carriers over 100,000. I hope this information is adequate so that your City can execute the agreement and return a signed copy to this office. Very truly yours, CITY OF FOUNTAIN VALLEY i f Evely�r.lf4cClendon City Clerk EMcC:ka Ends. Minutes of City Council Meeting, Octo`ae_ 6, 1981, continued, 16. CONSIDERATION OF CITY'S LIABILITY INSURANCE. City Comptroller, Howt:rd Stephnns, reported that he has submitted all information to the City Council regarding the insurance quotations received. He said he was pleased to re- port that the proposals r commended for approval are approxi- mately $17,000 under budget. V, AN l fF4 ?( ED AS TO 101M: C t, l-ttorney 1)=puty City AtterneV 17. --�01 A. Concilman Hollinden moved to retain Cal-Surance as Broker of Record for 1981-82. The motion was seconded by Councilwoman Brown and unanimously approved. B. Councilman Hollinden moved to approve placement of General Liability Insurance (1) $1,000,000 excess over $100,000, with Canadian Indemnity at a cost of $16,500; and (2) $9,000,000 excess over $1,000,000 with Protective National insurance Company at a cost of $7,000. The motir., was seconded by Councilwoman Brown and unanimously approve,'. C. Councilman Hollinden moved to approve the placing of workers' Compensation Insurance with Mission insurance Company through Fred S. James at a cost of $7,700. The motion was seconded by cnvncilwoman Brown and unanimously approved, D. Councilman Hollinden moved to approve the placement of MQtoc;Vehicle. Collision and Comprehensive with Protective National Insurance through Cal-Surance at a Cost of $23,634. The motion was seconded by Councilwoman Brown and unanimously approved. DENIAL OF PROTEST BY DOUGLAS HUGHES - WEED ABATEMENT CHARGES FOR A'SESSOR S PARCEL 140.169-162-06. Director of Public Works, Wayne Osborne, recommended that the protest by Mr. Hughes be denied. He said that staff has re- ,•iewed the matter and Mr. Hughes had been given ample notification regar_ding t._a abatement proceedings. Mr, Doug Hug;ees, 982B Petunia, Fountain Valley, presented corresponds, >_ that h,, received from the City and had written to the City regarding the -seed abatement of his property. Mr. HG,ghes said he had been abating the property himself and that he had called the City on several occasions regarding this matter. He asked that the charges assessed .for his property be waived. Councilman Van Dask said that since Mr. Hughey; has had this property for six years and has maintained it during this. period of time, that he felt the charges should be waived for this particular instance, Councilman Van Dask moved to approve the protest of Mr. Hughes and to waive the charges in the amount of $91.58 for Parcel. No. 169-162-06. The notion was seconded by Councilwoman Brown and approved by the following voted AYES: COUNCIL MEMBERS. Van Dask, Nielsen, Adler, Brown MAYES: COUNCIL MEMBERS: Hollinden #' ABSENT; COUNCIL MEMBERS: None. Councilman Adler requested the Director of Public Vorks to obtain a complete report from staff as to what hrs'transpired on this particular parcel. COUNCIL MINOTF-S - 9 - OCTOSPS 60 1981 � + 1 RESOLUTION NO. 744, 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY ADOPTING SETTLE- MENT PROCEDURES FOR LIABILITY CLAIMS 5 WHEP.EASy claims for damages made against the City have 6 formerly been processed by a liability insurance carrier of the 7 City; and $ WHEREAS, the liabilityinsurance presently in force on 9 behalf of the City provides for a limited measure of self- 10 insured liability; and 11 WHEREAS, the City has the primary obligation to process claims and to provide legal defense for claims and matters of 13 litigation filed against it; and 14 'WHEREAS, the City has the need for the retention of I5 adjusting services and legal counsel who shall be vested with 16 certain 1'.mited authority to accomplish a favorable disposition 17 of claims made against the City. 18 110111, THEREFORE, the City Council of the City of Fountain 19 Valley, does hereby RESOLVE as follows: 20 Section 1: A liability reserve fund is hereby established 21 in the amount of One Hundred Thousand ($100,000.00) Dollars 22 for the payment of claims made against the City. Said amount 23 shall be provided for in the annual budget to insure that 24 sufficient funds are on deposit to provide for payment of those ti 25 amounts not covered by liability insurance. z 26 Section, l: A claims investigation and adjustment firm 27 is authorized to he retained and said firm is hereby granted. 28 authorization to make payments in settlement of claims made 29 against the City in an amount not to exceed One Thousand ($1,000) Dollars per claimant. J L Section 3: A committee comprised of the City Attorney, 2 city Manager and City Comptroller are authorized to review and ir 7447 1 make full settlement of any claims made against the City for lability damages not otherwise covered by insurance by the payment of a sum not to exceed Five Thousand ($5,400) per claimant. In the event a claim results in litigation which is ' being legally defended,by other than the City Attorney, this Committee sha11 review and provide the approval to the City's legal counsel within the same ,limits. Section 4: All claims for damages resulting in a judgment 9 or a recommended settlement by negotiation in an amount-.exceedir_g 10 Five Thousand ($5,000) per claimant, shall be approved by the 11 City Council. 12 Sectioli 5. The City Attorney is authorized to retain the 13 services of legal counsel for purposes of representing the 14 City in the defense of any matters of litigation wherein he 15 determines that specialized expertise or experience are 16 desirable or that the workload requires the utilization of 17 outside counsel. 18 PASSED AND ADOPTED at a regular meeting of the City 19 Council held this 15th day of March 1977. 20 21 Mayor 22 ATTFST:. 24 City Cldrtk 25 26 2.7 ! 28 29 9 N 3Q 31 // 32 1/ -2- a Minutes of City Council Meeting, October 6, 1981, continued. 16. CONSI:DERATION OF CITY'S_LIAB:ILITY INSURANCE. City Comptroller, Howard Stephens, reported that he has submitted all information to the City Council regarding the insurance quotations received. He said he was pleased 'to re- port that " the proposals recommended for approval are approxi- mately,$17,000 under budget. A. Concilman Hollinden moved to retain Cal-;Surance as Broker of Record for 1981-82 The motion was seconded by Councilwoman Brown and unanimously approved. B- Councilman Hollinden moved to approve placement of General Liability Insurance (1)- $1,000,000 excess over $100,000, with; Canadian Indemnity at a cost of $16,500; and (2) $9,000,000 excess over $1,000,000 with Protective National Insurance Company at a cost of $7,000. The motion was seconded by Councilwoman Brown and unanimously approved. C. Councilman Hollinden moved to approve the placing of Workers' Compensation Insurance. with Mission Insurance Company through Fred` S. James at a cost of $7,700. The motion was seconded by Councilwoman Brown and unanimously approved. D. Councilman Hollinden moved to approve the placement of Motor Vehicle Collision and Comprehensive with Protective. National Insurance through Cal-Surance at a Cost of $23,634. The motion was seconded by Councilwoman Brown and unanimously approved., 17. DENIAL OF PROTEST BY DOUGLAS HUGHES - WEED ABATEMENT CHARGES FOR ASSESSOR'S PARCEL NO. 169-162-06. Director of Public Works, Wayne Osborne, recommended that the protest by Mr. Hughes be denied. He said that staff has re- viewed the matter and Mr. Hughes had been given ample notification 4 regarding the abatement proceedings. Mr. Doug Hughes, 9828 Petunia, Fountain Valley, presented correspondence that he received from the City and had written to s the City regarding the weed abatement of his property. Mr. Hughes } said he had been abating the property himself and that he had called the City on several occasions r:garding this 'matter. He asked that the charges assessed for his property be waived. Councilman Van Dask said that since Mr. Hughes has had this property for six years and has maintained it during this period of time, that he felt the charges should be waived for this particular instance. Councilman Van Dask moved to approve the protest of Mr. Hughes, and to waive the charges in the amount of $91.58 for Parcel No. 169-162-06. The motion was seconded by Councilwoman Brown and approved by the following vote: AYES: COUNCIL MEMBERS: Van. Dask, Nielsen, Adler, Brown NAYES: COUNCIL MEMBERS: Hollinden ' ABSENT: COUNCIL` MEMBERS: None. Councilman Adler rE —,f,,-sted the Director of Public Works to obtain a complete report from staff as to what has transpired on this particular ;parcel;.. COUNCIL MINUTES - 9 - OCTOBER 6, 1981 Id