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HomeMy WebLinkAboutCity of Fountain Valley - 2011-08-01Council/Agency Meeting Held:101/ Deferred/Continued to: Appr e ❑ Conditionally Approved ❑ Denied �,J4-�Ci lerk' Signat e Council Meeting Date: August 1, 2011 Departm n ID Number: PW11-043 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of an agreement with the City of Fountain Valley for Arterial Rehabilitation within Huntington Beach city limits; and, delegate authority to the City of Fountain Valley to conduct the bid opening and award contract to the lowest responsible bidder Statement of Issue: An agreement is necessary between City of Huntington Beach and City of Fountain Valley to reimburse Fountain Valley for actual costs incurred for street rehabilitation work on Newland Street between Garfield Avenue and Ellis Avenue within the City of Huntington Beach. Work performed within Huntington Beach is not expected to exceed $325,000. Financial Impact: This action will result in an expenditure of approximately $325,000, which is budgeted in Measure M fund, Account No. 21385201. Recommended Action: Motion to: A) Approve and authorize the Mayor and City Clerk to execute and witness the Public Works Pavement Rehabilitation Cooperative "Agreement" for City of Huntington Beach to reimburse the City of Fountain Valley for street improvements within the City of Huntington Beach public right-of-way; and, B) Delegate to the City of Fountain Valley the authority to award this public works project to the lowest responsive and responsible bidder in accordance with Huntington Beach Charter section 614. The Public Works Director shall be responsible for determining whether or not the City process has been complied with and may terminate the Agreement with the City of Fountain Valley at his sole discretion. Alternative Action(s): Do not approve the agreement. HB -125- Item 10. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 8/1/2011 DEPARTMENT ID NUMBER: PW11-043 Analysis: The Cities of Huntington Beach and Fountain Valley enjoy an excellent partnership when improving infrastructure adjacent to both cities. For such projects, a Cooperative Agreement is required to delineate responsibilities for each agency. For this project, the City of Fountain Valley is designated as the lead agency and will design, bid, and rehabilitate Newland Street, from Garfield Avenue to Ellis Avenue. Huntington Beach's estimated cost share for work within City limits is approximately $307,000. Final reimbursement will be based on actual bid unit costs and staff is confident the proposed budgeted amount of $325,000 will be sufficient to cover actual costs. Constructing projects in this manner has proven to improve design/construction efficiencies. In addition, combining projects also reduces cumulative construction impacts had the projects been constructed separately. Public Works Commission Action: Not required. Environmental Status: Not applicable for this action Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Attachment(s): Item 10. - 2 xB -126- ATTACHMENT #1 THIS AGREEMENT, (Agreement), dated this day of Aul--�r , 2011, is made and entered into by and between the City of Huntington Beach, a municipal corporation, hereinafter referred to as "HUNTINGTON BEACH" and the City of FOUNTAIN VALLEY, a municipal corporation, hereinafter referred to as "FOUNTAIN VALLEY". RECITALS: WHEREAS, FOUNTAIN VALLEY is contemplating the rehabilitation of the pavement surface of that portion of Newland Street from Garfield Avenue to Ellis Avenue (the "PROJECT"), the exact boundaries of the PROJECT are described in detail in Exhibit_ A, attached hereto and incorporated by this reference; and, WHEREAS, a portion of the PROJECT is located within the boundaries of the City of Fountain Valley (the "FV PORTION"), and a portion of the PROJECT is located within the boundaries of the City of Huntington Beach (the "HB PORTION"); and WHEREAS, the boundaries of the FV PORTION and the boundaries of the HB PORTION are separately described in the document attached as Exhibit A; and WHEREAS, HUNTINGTON BEACH desires to contract with FOUNTAIN VALLEY to rehabilitate the HIB PORTION in conjunction with the FV PORTION, and HUNTINGTON BEACH is willing to do so. NOW, THEREFORE, in consideration of the following promises, covenants, and conditions, the parties hereto do agree as follows: 1. DUTIES OF FOUNTAIN VALLEY a. FOUNTAIN VALLEY will perform (or cause to be performed) the entire PROJECT as a part of FOUNTAIN VALLErs public works pavement rehabilitation efforts, and will specifically include the HE PORTION as part of that work. FOUNTAIN VALLEYwill prepare the requestfor bids, conduct the bid openings, let the contract to the lowest responsible bidder (the "Successful Contractor"), and oversee -and administerthe HB PORTIONin the same manner and to the same extent as the FV PORTION of the PROJECT In addition, FOUNTAIN VALLEY specifically agrees to comply with Huntington Beach Charter section 614 as well as all Federal State and local law, including California public works contracting and prevailing wage laws. HUNTINGTON BEACH agrees not to contest or interfere with FOUNTAIN VALLEY's performance of the bidding process nor its selection of the Successful Contractor. However, if Huntington Beach, at its sole discretion, determines the Page I of 6 laid process, selection of contractor or other pre -award procedure are not proceeding according to its standards prior to award of contract, Huntington Beach may terminate this agreement with no liability or obligation to either party. If FOUAITAIN VALLEY, in its sole discretion, determines not to proceed with the PROJECT at any time prior to award of contract, this agreement will terminate with no further action required by either party. b. At least thirty (30) calendar days prior to release of the Notice Inviting Bids for the PROJECT, FOUNTAIN VALLEY City Engineer shall provide HUNTINGTON BEACH `S City Engineer a copy of the PROJECT's plans and specifications for his approval, which approval shall not be unreasonably withheld. If HUNTINGTON BEACH IS City Engineer objects to the plans and specifications, and if his objections cannot be satisfied through discussions with FOUNTAIN VALLEY'S City Engineer, this Agreement will automatically terminate and neither party will have any liability or obligation to the other. In the event of a termination of the Agreement the HB PORTION will not be included in the PROJECT, and FOUNTAIN VALLEY in its discretion may proceed with the FV PORTION only. C. FOUNTAIN VALLEYagrees 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 ICE 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 a 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 HB PORTION as well as the FV PORTION, and no liability shall inure to FOUNTAIN VALLEY by the appropriate usage of such necessary Hazardous materials in its performance under this agreement. a. HUNTINGTON SEA CHshall pay FOUNTAIN VALLEYfor the actual cost of the work on the IfE PORTION based upon the unit prices set forth in the bid of the Successful Contractor and quantities actually used on the HE PORTION. The estimated cost of the HB PORTION, including a ten percent (10%) contingency, is Three Hundred and Six Thousand, Seven Hundred Seventy Eight Dollars and 31/100 ($306,778.31). HUNTINGTON BEACH shall pay FOUNTAIN VALLEYan amount equal to fifty percent (500/0) of the estimated cost of the HB PORTION {"Initial Payment"), based upon unit prices set forth in the Successful Contractor's bid. HUNTINGTON BEACH shall pay the Initial Payment within fifteen (1 b) calendar days after the Page 2 of 6 commencement of construction on any portion of the PROJECT. HUNTINGTON BEACH shall pay FOUNTAIN VALLEY the remaining balance due for the HBPORTION upon official final approval of the work by FOUNTAIN VALLEY. b. HUNTINGTON BEACH agrees that any permits required by the Successful Contractor for the work to be performed on the HB PORTION snail be issued in a timely manner to the Successful Contractor at no cost to FOUNTAIN VALLEY or to the City's contractor. The Successful Contractor shall be responsible for securing an Encroachment Permit from HUNTINGTON BEACH for the portion of the work located in the HUNTINGTON BEACH right of way. c, HUNTINGTON BEACH shall provide its own inspection services for the HB 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 by HUNTINGTON BEACH. In the event Contractors work and/or materials are not acceptable to HUNTINGTON BEACH, FOUNTAIN VALLEYwill require Contractor to remedy the issue in the same manner as it required of Contractor. d HUNTINGTON BEACH will fully cooperate with FOUNTAIN VALLEY and the Successful Contractor in the prosecution of the work, traffic control, and any other matters required for completion of the PROJECT. e. HUNTINGTON BEACH acknowledges that FOUNTAIN VALLEY is not the contractor for the PROJECT and that FOUNTAIN VALLE Ydoes not warrant any work performed by the Successful Contractor. Notwithstanding the above, FOUNTAIN VALLEY shall require in writing that as a condition to performing the PROJECT, the Successful Contractor to provide HUNTINGTON BEACH with any and all warranties,' insurance coverage, and indemnities and any other rights the Successful Contractor agrees to provide to FOUNTAAN VALLEY under the construction contract and as provided by law. F In addition to the above, HUNTINGTON BEACH will pay FOUNTAIN VALLEYfor all costs associated with any change orders pertaining to the HB PORTION, provided the change orders have been previously approved in writing by HUNTINGTON BEACH'S City Engineer. Page 3 of 6 3. ENTIRE AGREEMENT Except as provided above, 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 HUNTING'TON 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. 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 Except as contemplated herein, 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 Page 4 of 6 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 three (3) calendar days after deposit of said notice or communication in the !United States mail. The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signatures hereto. The term of this Agreement shall begin upon the Effective Date and run until the PROJECT is completed, but in no event will the term of this Agreement extend beyond , 2011, without the express written consent of both parties. 11. INDEMNIFICATION Except for claims arising out of the negligence or willful misconduct of HUNTINGTON BEACH, its officers, employees, or agents, FOLIlVMIN VALLEYhereby agrees to indemnify, defend and hold harmless HUNTINGTON BEACH 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, and claims for unpaid wages including prevailing wage, for injury to or death of, any person, and for injury to any property, or otherwise arising out of or in any way connected with the performance of this Agreement. 12. 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. In addition, the parties shall cooperate in good faith in an effort to amend or modify this Agreement so 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. Page 5 of 6 13. COUNTERPARTS This agreement may be executed in one or more counterparts by the parties hereto. All counterparts shall be construed together and shall constitute one Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth. CITY OF HUNTING TON BEACH, a municipal cor ration By: C� l �_ � Ma INITIATT AND APPROVED: ,/` Dire yr of Public Works APPROVED AS TO FORM: City Attorney 719 /( CITY OF FOUNTAIN VALLEY, a municipal corporation BY_ Mayor APPROV D A T FORM: FOUNTAIN VALLEY City Attorney ATTEST: City Clerk f�l Manager DATE OF EXECUTION ATTEST: FOLfNTAIN VALLEY City Cler DATE OF EX CUTION: Page 6 of 6 CD C) 11, NARFIELD AVENUE KMDALE DRIVE 0 1w NEWLAND STREET ON ==N= or N"TNOM"F" ----- 0 mw =pp —i= 4=—,— -.- - —! m OF — — — — — — — — — — — — — (no Lu Z — — — — — — — — — — — — -- — - - - - - - - - - - cn '4 0 0 NEWLAND STREET M Mv-wmg M L TO SEA 0 ASOMOMfEt VACYOUM NOT 0 LE APFRaVALS BENCHMARK CITYAPPROVED SYCITY OF FOUNTAIN VALLEY, CALIFORNI DATE NUMBER STREET PLAN FOR COMPLETIGNVATF. NEWLAND STREET NUMBER DATE ReASIONS JAPPROVEDI REFERENCES F5C E- —4M GARFIELD TO ELLIS City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk August 9, 2011 City of Fountain Valley ATTN: Mark Lewis 10200 Slater Avenue Fountain Valley, CA 92708 Dear Mr. Lewis: Enclosed please find the original "Agreement" by and between the City of Huntington Beach and the City of Fountain Valley for street rehabilitation work on Newland Streeet between Garfield Avenue and Ellis Avenue. Upon execution by the County, please return a complete copy to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, J F: pe Enclosure: Agreement G:foIIowup:agnntltr Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand