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Home My WebLink AboutCity of Fountain Valley - 2010-05-17Council/Agency Meeting Held: Deferred/Continued to: fAAppr ved ❑ Conditionally Approved ❑ Denied C y lerlA Sign / are Council Meeting Date: May 17, 2010 Department ID Number: PW 10-026 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL. ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of a Cooperative Agreement with the City of Fountain Valley regarding Street Rehabilitation and Reimbursement for Arterial Rehabilitation within the Fountain Valley city limits Statement of Issue: An Agreement between the City of Huntington Beach and the City of Fountain Valley for street rehabilitation reimbursement is necessary to repay Huntington Beach for work performed within the Fountain Valley city limits. Financial Impact: This action would result in reimbursement of approximately $97,250 from the City of Fountain Valley to the project fund. Recommended Action: Motion to: Approve and authorize the City Administrator and City Clerk to execute a Cooperative Agreement for the City of Huntington Beach to construct and obtain reimbursement for street improvements within the City of Fountain Valley public right-of-way. Alternative Action(s): Do not approve the agreement. -11- Item 2e - Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 5/17/2010 DEPARTMENT ID NUMBER: 10-026 Analysis: The City of Huntington Beach and City of Fountain Valley Public., Works Departments have a history of cooperation when infrastructure is adjoining both cities. The Cooperative Agreement contains mutually agreed to terms to produce a street improvement project that will reduce the construction disturbance by combining the needs of both cities to one contractor. The agreement was approved by the Fountain Valley City Council at its meeting of April 20, 2010. The City of Huntington Beach will rehabilitate pavement surfaces on Garfield Avenue from Newland Street to Magnolia Street and Magnolia Street from Warner Avenue to 1-405 within the Fountain Valley right-of-way. The City of Huntington Beach to be reimbursed for this construction. Reimbursement will depend on awarded bid item costs not the estimate. The projects include three lanes of pavement in Huntington Beach and one lane in Fountain Valley along the four lane arterial highway segments. Huntington Beach will include the agreed upon items in the construction bid documents to eliminate the need for Fountain' Valley to conduct its street rehabilitation work at another time. Construction Contract (CC) 1379, which includes Magnolia Street from Warner Avenue to I- 405, will be advertised in May 2010. The second project, Construction Contract (CC) 1374 Garfield Avenue from Newland Street to Magnolia Street, is to be advertised in the fall of 2010. Project funding includes American Recovery and Reinvestment Act (ARRA), Measure M and Proposition 1 B. The total cost estimate for the two projects is approximately $1.3 million. Public Works Commission Action: Not required Environmental Status: Not required for this action. Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Attachment(s): 1 I FV Contract No. 10-19 Agreement between the City of Huntington Beach and the City of Fountain Valley Item 2e - Page 2 -12- ATTACHMENT #1 CONTRACT NO. 10-19 THIS AGREEMENT, (Agreement), dated this 74day of A=i i�2m n 2010, is made and entered into by and between the City of Huntington Beach, a municipal corporation, hereinafter referred to as 66HUNTINGTON BEACH" and the City of FOUNTAIN VALLEY, a municipal corporation, hereinafter referred to as "FOUNTAIN VALLEY". WITNESSETH: WHEREAS, HUNTINGTON BEACH is contemplating the rehabilitation of the pavement surface of that portion of Garfield Avenue from Newland Street to Magnolia Street and. Magnolia Street from Warner Avenue to 1-405 located in the City of Huntington Beach, (hereinafter the "HUNTINGTON BEACH PORTION'J; and, WHEREAS, there is a portion of Garfield Avenue and Magnolia Street located within the boundaries of FOUNTAIN VALLEY (hereinafter "FV PORTION"); and WHEREAS, FOUNTAIN VALLEY desires to have HUNTINGTON BEACH rehabilitate the FV PORTION of Garfield Avenue and Magnolia Street in conjunction with the'HUNT/NGTON BEACH PORTION, collectively the "PROJECT", and HUNTINGTON BEACH is willing to do so. The exact location of the FV PORTION is described in detail in the document attached hereto as Exhibit A, incorporated by this reference. NOW, THEREFORE, in consideration of the following promises, covenants, and conditions, the parties hereto do agree as follows: 1. DUTIES OF HUNTINGTON BEACH a. Upon commencement of the PROJECT, HUNTINGTON BEACH shall include the FV PORTION as a part of HUNTINGTON BEACH's public works pavement rehabilitation project, prepare the request for bids, hire the lowest responsible bidder (the "Successful Contractor"), and oversee and administer the PROJECT in the FV PORTION in the same manner and to the same extent as the HUNTINGTON BEACH PORTION. HUNTINGTON BEACH shall in no event be liable to FOUNTAIN VALLEYbased upon the process or result of the request for bids and/or selection of the Successful Contractor, and FOUNTAIN VALLEY hereby agrees not to contest or interfere with HUNTINGTON BEACH's performance of the bidding process nor its selection of the Successful Contractor. If HUNTINGTON BEACH, in its sole discretion, determines not to proceed with the PROJECT at any time prior to commencement of actual work, this Agreement shall terminate with no further action required by either party. Page 1 of 5 b. At least thirty (30) calendar days prior to release of the Notice Inviting Bids for the PROJECT, HUNTINGTON BEACH's City Engineer shall provide FOUNTAIN VALLEY's City Engineer a copy of the PROJECT's plans and specifications for his approval, which approval shall not be unreasonably withheld. If FOUNTAIN VALLEY's City Engineer objects to the plans and specifications, and if his objections cannot be satisfied through discussions with HUNTINGTON BEACH's City Engineer, the FV PORTION shall not be included in the PROJECT; HUNTINGTON BEACH shall proceed with the HUNTINGTON BEACH PORTION only; this Agreement shall automatically terminate; and, neither party shall have any liability or obligation to the other. c. HUNTINGTON BEACH agrees that it shall not permit nor cause any Hazardous Materials to be brought upon, kept, used, stored, generated or disposed of in, or, or about the FV PORTION. "Hazardous Materials" shall mean any material that, because of its quantity, concentration, or physical or chemical characteristics, or any combination thereof, is deemed by an federal, state, or local governmental authority to pose a present or potential hazard to human health or safety or to the environment. Notwithstanding the foregoing, both parties hereby acknowledge that the pavement rehabilitation work contemplated by this Agreement may inherently require the use of Hazardous Materials on the FV PORTION as well as the HUNTINGTON BEACH PORTION, and no liability shall inure to HUNTINGTON BEACH by the appropriate usage of such necessary Hazardous Materials in its performance of the PROJECT. 2. DUTIES OF FOUNTAIN VALLEY a. FOUNTAIN VALLEYshall pay HUNTINGTON BEACH for the actual cost of the work on the FV PORTION based upon the unit prices set forth in the bid of the Successful Contractor and quantities actually used on the FV PORTION. The estimated cost of the FVPORTION, including a ten percent (10%) contingency, is Ninety -Seven Thousand, Two Hundred Fifty Dollars and 00/100 ($97,250.00). FOUNTAIN VALLEY shall pay HUNTINGTON BEACH an amount equal to fifty percent (50%) of the estimated cost of the FV PORTION ("Initial Payment"), based upon unit prices set forth in the Successful Contractor's bid. FOUNTAIN VALLEY shall pay the Initial Payment within fifteen (15) calendar days after the commencement of construction. FOUNTAIN VALLEY shall pay HUNTINGTON BEACH the remaining balance due for the FV PORTION upon official final approval of the work by HUNTINGTON BEACH. b. FOUNTAIN VALLEY agrees that any permits required by the Successful Contractor for the work to be performed on the FV PORTION shall be issued to the Successful Contractor at no cost to HUNTINGTON BEACH or the Successful Contractor. Page 2 of 5 C. FOUNTAIN VALLEY shall provide its own inspection services for the FV PORTION of the work at its own cost, and such inspections shall be conducted on the same basis and according to the same standards as are used on projects of a similar size, scope and nature in FOUNTAIN VALLEY d. FOUNTAIN VALLEYagrees to fully cooperate with HUNTINGTON BEACH and the Successful Contractor in the prosecution of the work, traffic control, and any other matters required for completion of the PROJECT in the FV PORTION. e. FOUNTAIN VALLEY acknowledges that HUNTINGTON BEACH is not the contractor for the PROJECT and that HUNTINGTON BEACH does not warrant any work performed by the Successful Contractor. Notwithstanding the above, HUNTINGTON BEACH shall require the Successful Contractor to provide FOUNTAIN VALLEY with any and all warranties, insurance coverage, and indemnities and any other rights the Successful Contractor agrees to provide to HUNTINGTON BEACH under the construction contract and as provided by law. f. In addition to the above, FOUNTAIN VALLEY also agrees to pay HUNTINGTON BEACH for all costs associated with any change orders pertaining to the FV PORTION, provided the change orders have been previously approved in writing by FOUNTAIN VALLEY's City Engineer. 3. ENTIRE AGREEMENT This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all oral or written representations or written agreements that may have been entered into between the parties. No modifications or revisions shall be of any force or effect, unless the same is in writing and executed by the parties hereto. 4. ASSIGNMENT Neither FOUNTAIN VALLEYnor HUNTINGTON BEACH may assign or transfer its rights or obligations under this Agreement, or any part thereof, without the written consent of the other party. 5. GOVERNING LAW This Agreement shall be governed by the laws of the State of California. If any portion of this Agreement is held invalid under any applicable statute or rule of law, then such portion only shall be deemed invalid. Page 3 of 5 6. NO WAIVER No waiver or failure to exercise any right, option, or privilege under the terms of this Agreement on any occasion shall be construed to be a waiver of any other right, option, or privilege on any other occasion. 7. NO THIRD PARTY RIGHTS The parties do not intend to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein. 8. NOTICES Notices and communication concerning this Agreement shall be sent to the following addresses: HUNTINGTON BEACH City of Huntington Beach Attention: Public Works Director 2000 Main Street Huntington Beach, CA 92648 FOUNTAIN VALLEY City of FOUNTAIN VALLEY Attention: Public Works Director 10200 Slater Avenue FOUNTAIN VALLEY, CA 92708-4736 Either party may, by notice to the other party, change the address specified above. Service of notice or communication shall be complete, if personally served, when received at the designated address, for five (5) calendar days after deposit of said notice or communication in the United States mail. 9. EFFECTIVE DATE The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signatures hereto. 10. INDEMNIFICATION Except for claims arising out of the sole active negligence of FOUNTAIN VALLEY, its officers, employees, or agents, HUNTINGTON BEACH hereby agrees to indemnify, defend and hold harmless FOUNTAIN VALLEY and its elected and appointed officials, officers, agents and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury to or death of, any person, and for injury to any property, including consequential damages of any nature resulting therefrom, arising out of or in anyway connected with the performance of this Agreement. Except for claims arising out of the sole active negligence of HUNTINGTON BEACH, its officers, employees, or agents, FOUNTAIN VALLEY hereby agrees to indemnify, defend, and hold harmless HUNTINGTON BEACH, and its elected and appointed officials, officers, agents and Page 4 of 5 employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury to or death of, any person, and for injury to any property, including consequential damages of any nature resulting therefrom, arising out of or in any way connected with the performance of this Agreement. 11. SEVERABILITY If any term, provision, covenant, or condition set forth in this Agreement is held by the final judgment of a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions, covenants and conditions shall continue in full force and effect to the extent that the basic intent of the parties as expressed herein can be accomplished. In addition, in such event the parties shall cooperate in good faith in an effort to amend or modify this Agreement in a manner such that the purpose of the invalidated or voided provision, covenant, and condition can be accomplished to the maximum extent legally permissible; provided, however, that in no event shall any party be required to agree to an amendment or modification of this Agreement that materially adversely impacts its rights or materially increases its obligations or risks as set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth. CITY OF HU TINGTON BEACH, a municipal 4rpgfation AC Frecy/JWlls�n, City Administrator APPROVED AS TO FORM: Jennifer McGrath, City Attorney -40 A11--A`0 CITY OF FOUNTAIN VALLEY, a municipal corporation By: f 'a Mayor <J ' APPROV AS TO FORM: FOUNTAIN VALLEY City Attorney ATTEST: JoaniFlynn, City Clerk a� r DATE OF EXECUTION: 05/25/2010 ATTEST: NTAIN VALLEY City Cie DATE OF EXECUTION: Page 5 of 5 FF, AT City of Huntington Beach 6 Public Works Department 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 Project Name: Garfield Ave. Rehabiliation Cash Contract # : 1372 Fountain Valley Estimate Updated 2/17/10 1 Mobilization 0 L5 $25,500.00 $0.00 2 Traffic Control Plan 0 LS $4,500.00 $0.00 3 Furnish Project Traffic Control 0 LS $21,500.00 $0.00 4 Unclassified Excavation (includes disposal of material and fabric) 0 CY $30.00 $0.00 5 Pulverize, Remove excess, Grade, Cement Treat, Microcrack by 0 SF FDR Process (includes disposal) $1.00 $0.00 6 Surface Grind (0.1T) includes diposal of materal and fabric 54325 SF $0.15 $8,148.75 7 Construct Asphalt Concrete (0.25' & 0.75' per plan) 0 TN $63.00 $0.00 8 Construct Asphalt Concrete (0.1 T ARHM Overlay) 665 TN $73.00 $48,545.00 9 Remove & Reconstruct Curb & Gutter (CF=8", Includes AB) per Std 0 LF Plan 202 $42.00 $0.00 10 Remove existing sidewalk (includes disposal) 0 SF $0.65 $0.00 11 Remove & Reconstruct Sidewalk per Std Plan 207 (includes 0 SF disposal) $5.80 $0.00 12 Construct Sidewalk per HB Std. Plan 207 0 SF $5.00 $0.00 3 Remove and Reconstruct Commercial Driveway per HB Std. Plan 0 SF - 211 (includes onsite removal and replacement of AC pavement) $13.00 $0.00 Remove and reconstruct ADA access ramp (including all 14 appurtenances but not limited to: sidewalk, domes, retaining curb, 0 EA slot pave, etc.) per Caltrans Std. A88A $3,000.00 $0.00 Remove and reconstruct ADA access ramp (including all 15 appurtenances but not limited to: sidewalk, domes, retaining curb, 3 EA slot pave, etc.) per Fountain Valley Std. 204-3 $3,000.00 $9,000.00 16 Install Truncated Domes to existing access Ramp 0 EA $800.00 $0.00 17 Adjust Sewer/Storm Drain Manhole to grade 5 EA • $380.00 $1,900.00 18 Adjust OCSD Sewer Manhole to grade 1 EA $762.00 $762.00 19 Adjust Water Valve to grade 12 EA $370.00 $4,440.00 20 Adjust Monitoring Well to finished surface 0 EA $350.00 $0.00 21 Raise Survey Monument Well to finished surface 0 EA $375.00 $0.00 22 Survey Monumentation 0 EA $300.00 $0.00 23 Remove existing Tree and Roots; Grind Tree Stump to 24" below 0 EA Top of Sidewalk/Grade. $600.00 $0.00 24 Furnish & Plant 24" box trees (remove existing landscaping and 0 EA $600.00 irrigation to accommodate 24" box trees, replace irrigation in kind) $0.00 Sub -total (sheet 1):u $72,795.75 Page 1 M ENGINEER'S ESTIMATE Project Name: Garfield Ave. Rehabiliation Cash Contract # : 1372 Fountain Valley Estimate �A4d�� Jescr�'ttirii�a��[s'•:��a �i € uaii�ii' ��€ltiif�is :€i€i(f€?ie f €i€ �itirStsf'€a 25 Provide 90 Day Plant Establishment 0 LS $2,200.00 $0.00 26 Traffic Striping per plan 0 LS $6,600.00 $0.00 27 Traffic Loop 0 EA $185.00 $0.00 Modification of Traffic Signal Conduit & Equipment (Garfield and Magnolia St., includes all work for construction notes 24 through 33): • Abandon Existing Conduit, Pull Box, or DLC. • Install Pullbox with type denoted per plan. tea • Connect Conduits • Install Conduit into Existing Pull Box. - Obtain existing 1 '/2" Conduit with 2 DLC and Resinstall into Traffic Signal Controller Cabinet Utilizing Newly installed Conduit • Connect new 2" Conduit to existing conduit. Install 1-12 Conductor 28 Cable and 1-3 Conductor Cable. 0 LS $15,000.00 $0.00 • Install 1 '/" Conduit with 2 DLC • Connect New 2" Conduit to existing conduit. Install 1-28 Conductor Cable, 1-12 Conductor Cable, 1-3 Conductor Cable • Install 3" Conduit with 1-28 Conductor Cable and 5-DLC. • Remove Conductors for Southwest Corner Poles. Install 1-28 Conductor Cable and 5 DLC. Protect Remaining Conductors. Install 28 Conductor Cable and DLCs into Traffic Signal Conduit. 35 0 0 0 $0.00 $0.00 36 0 0 0 $0.00 $0.00 37 0 0 0 $0.00 $0,00 38 0 0 0 $0.00 $0.00 39 0 0 0 $0.00 $0.00 40 0 0 0 $0.00 $0.00 41 10 1 0 1 0 $0.00 1 $0.00 Engineer's Estimate (Sub -total of sheets 1 & 2): $72,795.75 Retainer (10% of Engineer's Estimate): $7,279.58 Miscellaneous construction costs (if applicable): Engineer's Estimate Total: $80,075.33 Page 2 %, a City of Huntington Beach MM — Public Works Department 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 Project Name: Magnolia St. Rehabilitation Cash Contract # : 1379 FOUNTAIN VALLEY PORTION Update 3/31110 ESTIMATE €fibs ................................... .... p....................:.:.:.:...:.:.:.:.:...:.:...:.:.:.:.:.:...:.::.:. -.-:- :: Quarlfi#y,.:..:.:.:. €�ti ...#fin tt............................................ 1 Mobilization LS $10,000.00 2 Traffic Control Plan LS $3,000.00 3 Furnish Project Traffic Control F134 LS $9,000.00 4 Unclassified Excavation incl. Disposal of Matrial and Fabric cY $30.00 5 Surface Grind (0.1T) incl. Diposal of Material and Fabric 00 SF $0.15 $2,019.00 6 Construct Asphalt Concrete (depth 0.33') TN $64.00 7 Construct Asphalt (0.1T ARHM Overlay) Adjust Sewer/Storm Drain Manhole to Grade 165 TN $73.00 $12,045.00 8 1 EA $380.00 $380.00 9 Adjust OCSD Sewer Manhole to Grade EA $762.00 10 Adjust Water Valve to Grade 1 EA $370.00 $370.00 11 Adjust Monitoring Well to Grade 2 EA $400.00 $800.00 12 Traffic Striping LS $7,000.00 13 Traffic Loop EA $185.00 14 Remove & Reconstruct Curb & Gutter (CF=8", Includes AB, 1' Slot Pave per Std Plan 202 LF $40.00 15 Remove & Reconstruct Sidewalk per Std Plan 207 SF $5.50 16 Install Truncated Domes into existing Ramp EA $700.00 17 Survey Monumentation EA $300.00 18 Adjust Survey Monument Well to Grade EA $363.00 19 20 21 22 23 24 25 26 27 Engineer's Estimate (subtotal): $15,614.00 Retainer (10% of Engineer's Estimate): $1,561.40 Miscellaneous construction costs (if applicable): Engineer's Estimate Total: $17,175.40 Fage 1