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HomeMy WebLinkAboutCity of Westminster - 2011-03-07Council/Agency Meeting Held:_ Deferred/Continued to: Appr ved ❑ Conditionally Approved ❑ Denied plP CI r s Sign re Council Meeting Date: March 7, 2011 Department ID Number: PW11-002 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, Director of Public Works SUBJECT: Approve and authorize execution of an agreement with the City of Westminster regarding street rehabilitation and reimbursement for Arterial Rehabilitation within Huntington Beach city limits; and, delegate authority to the City of Westminster to conduct the bid opening and award contract to the lowest responsible bidder Statement of Issue: An Agreement between the City of Huntington Beach and City of Westminster to reimburse City of Westminster for actual costs incurred for street rehabilitation work performed within Huntington Beach city limits. Financial Impact: This action will result in an expenditure of approximately $425,000, which is budgeted in the Gas Tax fund, Account No. 20790008. Recommended Action: Motion to: A) Approve and authorized the City Manager and City Clerk to execute and witness the "Public Works Pavement Rehabilitation Cooperative Agreement" for the City of Huntington Beach to reimburse the City of Westminster for street improvements within the City of Huntington Beach public right-of-way; and, B) Delegate to the City of Westminster 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 Westminster at his sole discretion. Alternative Action(s): Do not approve the agreement HB-41- Item 5. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 3/07/2011 DEPARTMENT ID NUMBER: PW11-002 Analysis: The Cities of Huntington Beach and Westminster have established a good partnership when improving infrastructure adjacent to both cities. The Cooperative Agreement contains mutually agreed -upon terms to produce a street improvement project that will reduce the construction disturbance by combining the needs of both cities into one construction contract. The City of Westminster as the lead agency will design, bid, and build two pavement rehabilitation projects that include portions within the City of Huntington Beach. The street segments include Edwards Street from 1-405 Freeway to Bolsa Avenue and Bolsa Avenue from Edwards Street to Goldenwest Street. The City's estimated cost share for Edwards Street is approximately $50,000 and the estimated cost share for Bolsa Avenue is approximately $360,000. The total reimbursement is estimated at $410,000. Final reimbursement will be based on actual bid unit costs and staff is comfortable that the budgeted amount of $425,000 will be sufficient to cover actual costs. Environmental Status: Not applicable for this action. Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Attachment(s): Item 5. - 2 H -42- ATTACHMENT #1 PUBLIC WORKS PAVEMENT REHABILITATION COOPERATIVE AGREEMENT THIS AGREEMENT, dated this _Z�day of P),V , , , 201 / , is made and entered into by and between the City of Huntington Beach, a municipal corporation, ("HUNTINGTON BEACH") and the City of WESTMINSTER, a municipal corporation, ("WESTMINSTER"). RECITALS: WHEREAS, WESTMINSTER is contemplating the rehabilitation of the pavement surface of that portion of Edwards Street from I-405 Freeway to Balsa Avenue and Bolsa Avenue from Edwards Street to Goldenwest Street (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 Westminster (the "WESTMINSTER PORTION', and a portion of the PROJECT is located within the boundaries of the City of Huntington Beach ( "HB PORTION"); and WHEREAS, the boundaries of the WESTMINSTER 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 WESTMINSTER to rehabilitate the HB PORTION in conjunction with the WESTMINSTER PORTION, and WESTMINSTER is willing to do so. NOW, THEREFORE, the parties agree as follows: 1. DUTIES OF WESTMINSTER a. WESTMINSTER will perform (or cause to be performed) the entire PROJECT as a part of WESTMINSTER's public works pavement rehabilitation efforts, and will specifically include the HB PORTION as part of that work. WESTMINSTER will prepare the request for bids, conduct bid openings, let the contract to the lowest responsible bidder (the "Successful Contractor"), and oversee and administer the HB PORTION in the same manner and to the same extent as the WESTMINSTER PORTION of the PROJECT. In addition, WESTMINISTER 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 WESTMINSTER's performance of the bidding process nor its selection of the Successful Contractor. However, if Huntington Beach, 10-2737/59287 Page 1 of 6 at its sole discretion, determines the bid process, selection of contractor or otherwise decides the project is not proceeding according to its standards prior to commencement of work, Huntington Beach may terminate this agreement with no liability or obligation to either party. If WESTMINSTER, in its sole discretion, determines not to proceed with the PROJECT at any time prior to commencement of actual work, 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, WESTMINSTER's City Engineer will provide HUNTINGTON BEACH's City Engineer with a copy of the PROJECT's plans and specifications for his approval, which approval shall not be unreasonably withheld. If HUNTINGTON BEACH's City Engineer objects to the plans and specifications, and if his objections cannot be satisfied through discussions with WESTMINSTER's City Engineer, this Agreement will automatically terminate and neither party will have any iiabiiity 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 WESTMINSTER in its discretion may proceed with the WESTMINSTER PORTION only. C. WESTMINSTER agrees that it will not permit nor cause any Hazardous Materials to be brought upon, kept, used, stored, generated or disposed of in, or, or about the HB 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 WESTMINSTER PORTION, and no liability shall inure to WESTMINSTER by the appropriate usage of such necessary Hazardous Materials in its performance under this Agreement. 2. DUTIES OF HUNTINGTON BEACH a. HUNTINGTON BEACH will pay WESTMINSTER for the actual cost of the work on the HB PORTION based upon the unit prices set forth in the bid of the Successful Contractor and quantities actually used on the HB PORTION. The estimated cost of the HB PORTION, including a ten percent (10%) contingency, is as follows: (a) Fifty Thousand Dollars and 00/100 ($50,000.00) for the portion including Edwards Street; and (b) Three Hundred and Fifty -Six Thousand Five Hundred Dollars and 00/100 ($356,500.00) for the portion including Bolsa Avenue. HUNTINGTON BEACH will pay WESTMINSTER an initial payment equal to fifty percent 10-2737/59287 Page 2 of 6 (50%) of the estimated cost of the HB PORTION ("Initial Payment"), based upon unit prices set forth in the Successful Contractor's bid. HUNTINGTON BEACH will pay the initial Payment within fifteen (15) calendar days after the commencement of construction on any portion of the PROJECT. HUNTINGTON BEACH will pay WESTMINSTER the remaining balance due for the HB PORTION upon official final approval of the work by WESTMINSTER. HUNTINGTON BEACH agrees that any permits required by the Successful Contractor for the work to be performed on the HB PORTION, will be issued in a timely manner to the Successful Contractor at no cost to WESTMINSTER. 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. b. HUNTINGTON BEACH will provide its o in inspection services for the HB PORTION of the work at its own cost, and such inspections will 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 Contractor's work and/or materials are not acceptable to HUNTINGTON BEACH, WESTMINISTER will require Contractor to remedy the issue in the same manner as it requires of Contractor. C. HUNTINGTON BEACH will fully cooperate with WESTMINSTER and the Successful Contractor in the prosecution of the work, traffic control, and any other matters required for completion of the PROJECT. d. HUNTINGTON BEACH acknowledges that WESTMINSTER is not the contractor for the PROJECT and that WESTMINSTER does not warrant any work performed by the Successful Contractor. Notwithstanding the above, WESTMINSTER shall require in writing that as a condition to performing the PROJECT, the Successful Contractor provide HUNTINGTON BEACH with any and all warranties, insurance coverage, and indemnities and any other rights the Successful Contractor agrees to provide to WESTMINSTER under the construction contract and as provided by law. e. In addition to the above, HUNTINGTON BEACH will pay WESTMINSTER for 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. 10-2737/59287 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 WESTMINSTER nor 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. 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 WESTMINSTER City of Huntington Beach City of WESTMINSTER Attention: Public Works Director Attention: Public Works Director 2000 Main Street 8200 Westminster Blvd Huntington Beach, CA 92648 Westminster, CA 92683 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, 10-2737/59287 Page 4 of 6 when received at the designated address, or three (3) 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. TERM 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 December 31 20 11 , 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, WESTMINSTER hereby 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 will continue in full force and effect. In addition, the parties will 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. 10-2737/59287 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 WESTMINSTER, a municipal CITY OF H�JNTINGTON BEACH, a corporation municipaj.,6orporation I� �' 1ge ` • - . - Mayor 'ol 01 Ian '••- APPROVED AS T B� �- Ric and Jones, City Attorney Date of Execution ity C l6TR aV II INITIATED AND APPROVED: L Director of Public Works REVI D ND APPROVED: i Manager AP VED AS TO FORM: City Atforney a •1�t► Date of Execution I 0-2737/59287 Page 6 of 6 Exi4i 81T A" BOLSA AVENUE O.C.F.C.D. MAR VISTA DR. -ARCH1 Ii WOOD DR. HARMONY 1 ( r! ! L CIRCLE QD i b 5 —r 1 ti —r LU i� LLJ EDWARDS STREET 11 N BOLSA A ENUE O.C. .C.b. = % PRIVATE DR. ROYAL OAK DR. VIKING CIRCLE RKSPUR�CIR;CL I w ww .. IT N u +DLU er — �_ .. w— Y l I (- oc �. EX E.Ec eo%- PPoVATEIIXt WF.!:IINSTE DR. EDWARDS STREET VNSTER MALL 'UCTION NOTES SS NOTED OTHERWISE: XISTING UTILITIES TO BE ECTED IN PLACE OUR NG TRVCTION AT ALL TIMES i oRAmrvc rvuNaElx. P-2248 BOLSA AVENUE /SE Da VICTORIA LN. GOLDENWEST STREET PRIVATE DR. L N-7: . ... ... ... .. .... ..... 7t UU z os F- 7-- 7-- Is PRIVATE DRIVE BOLSA AVENUE GC (WEST STREET . ...... .. . Rl--V SIONS r, EINCES d. . . .. .. ....... . — ---------- .... .... ..... ........... . CONSTRUCTION NOTES ---------- TYPICAL STREET SECTION UNLESS NOTED OTHERWISE: ALL EXISTING UTILITIES To BEPROTECTED IN PLACE DURING CONSTRUCTION AT ALL ES . .... . ..... — . ... . . ... . ....... ... ..... .. .. ... DRAMNG N� .. E . R BOLSA AVENUE STREET IMPROVEMENT PLAN P-2248 (F-,it4 of Wizlminstrr — Tlnginrrring :43plit. City of Westminster 8200 Westminster Boulevard, Westminster, CA 92683 714.898.3311 www.westminster-ca-gov April 21, 2011 City of Huntington Beach ATTN: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach, CA 92648 Dear Joan: MARGIE L. RICE Mayor TYLER DIEP Mayor Pro Tern FRANK G. FRY Council Member TRI TA Council Member ANDY QUACH Council Member J. MITCHELL WALLER City Manager Enclosed please find an executed copy of the "Public Works Pavement Rehabilitation Cooperative Agreement" by and between the City of Huntington Beach and the City of Westminster. If you have any questions, please contact me at (714) 548-3463. USinerely, 001 Veronica Johnso Senior Administrative Assistant Public Works/Engineering Enclosure: Agreement City ®f Huntington Beach 2000 Main Street Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK March 9, 2011 City of Westminster ATTN: Robin Roberts, City Clerk 8200 Westminster Blvd. Westminster, CA 92683 Dear Robin: Enclosed please find the original "Public Works Pavement Rehabilitation Cooperative Agreement" by and between the City of Huntington Beach and the City of Westminster. 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, -+A) J n L. Flynn, CIVIC City Clerk JF: pe Enclosure: Agreement G:fo11owup:agrmt1tr Sister Cities: Anjo, Japan v Waitakere, New Zealand (Telephone: 714-5 3h-5227)