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HomeMy WebLinkAboutCounty of Orange - 1983-06-20Agreement NL. D-L-`-088 I G R E E M E N T 2 THIS AGREEMENT made and antered into this dad -of 3 i� 1983, 4 BY AND LEWEEN The CITY OF HUNTINGTOlil BEACH, ?- manic .pal corporation, hereinafter 6 referred to as "CITY," AND The COUNTY OF ORKNGE, hereinafter referred to as "COUNTY." 9 W .1 T N E S S T H 10 SNHEREAS, CITY has prc)posed development of Sluff Tcj; Park (hereinafter -i referred to as "PROJEk:V) for purj'cz;,!-, of providing recreational and visual J�) aesthetic amenities on an o�hf-rwise unattractive site; an-9 13W?iERIAS,r11TY has requeste(! CCUNTY contril,ute $100,000 towards 14 rr, velcL,)ment of PP(X?EC-T; and 15 !N1!EFEAS- CITY has demonstrated that :1ROJFCT bears a reasonarile 16 relationship tl the use of th , park, !�-�y inh3iitar.ts of the subdiivisi�7n from whiz..1 7 local park fees were collecte.'. &.nd w-,i-* ass€7%e COUNTY that projec' will he 18 available to and enjoyed by t!�p -,N)UNTY; .r! 19 Wl-=-AS , Cf'�TJNTY is desir3u�, of In PR�'VECT pro%ridlng 20 fun.Jna resistance ."n an amuunt nc— .:o exceel $.00,000; and 21 WHEREAS, CITY InaF ass-=,ed "Lead, Agency" vta"*,;s within the context of the 22 Fivircnmental -**a'4i',y Act of 1970, a:; amended, and as sucl has complied with 23 env ironime-ntal reiuirpmentz anf' filing including General Plan conformity. 24 t ,;OW, THEREFORE, IT IS A'�REED as follows: 25 1. PROJECT shall include t!,e development of irrigation system and 26 landscaping on the bluff oceenward of Pacific Coast Highway between Ninth Street 27 and Goldenwest. in CITY, ds depcted on 2,,(hib'Lt "A", attached hereto and by 28 reference rode a part of this agt�zzent. 1 !; 2 CITY: 2 a a. shall provide the necessary right-of-way and permits for the } 3 PROJECT at no cost to the COUNTY. 40 b. Shall complete PROJECT within two (2) years of date of execution 5 1 of this agreement, as evidenced by contract notice of completion executed by the 6 City Council of CITY filed with the COUNTY. 0 c. Viall cause to be prepared plans and specifications for PROJECT. s;rF, i 8J CITY shall confer with COUNTY's Director; Environmental Management Agency or his 9j designee (hereinafter referred to as DIRECTOR), at appropriate times during the 10!f preparatJ)n of plans and specifications for PROJECT so the finished products may be 11 '; readily approved. 12 i d. Shall submit glans a-.d specifications for PROJEC2 to DIRECTOR for 13.` w ,..tten approval. After approval of plans and specifications, CITY stall promptly 14 „ furnish DIRECTOR with four (4) sets of bound plans and sr.,-c.ifications. 1.5 e. Shall, upon approval. of plans and specifications by DIRECTOR, 10 advertise PROJECT for bids and award a contract that complies with all applicable 1; federal, state and local laws. 18'i f. Shall notify DIRECTOR within tern (10) days of award of contract `j 19 ; and furnis; DIREv OR with schedule of bid prices and construction schedules and 20'` shall keep DIRECTOR informed of any rev?.sian in said schedule. During 20 construction, CITY shall assign a cgtialified resident engineer charged with overall 22! contract admin4stration and ensure that all PROJECT const�ruction is in accordance 23, with the approved plans and pecificatiois. COUNTY may assign a qualified r 24t irspe.tor whose function shall he certification at tFe end of construction to the 25 DIRECTOR that the construction of said P.-•-IECT has been accomplished in accordance 66'; with the -eyuirements of this agreement.. ri 27 t g Shall not issue cha-ge ardera for any PROJECT construction which 28 revise the recreational/scenic view intent of the project without first having low Y 1i_ ... obta_ned written concurrence of he DIRECTOP. h. Shall, accomplish all e^gincering, surveying, inspection. permits 3 and contract administration in connection with PROJECT at CITY's expense. 4 i. Shall, within thirty (30) days of completion of PROJECT ,5 construcL-.Dn request in writing the approval ut DIRECTOR for the work on said t 6 PRWECT, which approval shall be predicated u;>nn the final report of COUTT,Yls 7 ' inspector, A 8' Shall within fifte,n(15} day ;f receipt in writing cf approval c the work Lacm iDIP:CTOR, f,'e a .notice of Completion with COUNTY. IU aj it. Shall submit bills and invoices for T construction ; d i nv, es P.2 JEC cons ruc inn Q Il CC:NTY within thirty (30) days of ;a^Faray._ rf P^�.3:.:P ?;� DIREC'OR. r#- 12 _. Shall or-s>rate an'! rya .stain PRWEC' or _..use to he maintained 13 PROJECT throaj'• others as a11pr .'rs bV DIR*'CTOP foz the benefit of CITY and COUNTY NTY 14 resident9 an!! shall not eiscr k14rn to 1.: ftip , ^r':r:> r.f }Si, rF•u.?rvat nn 15 _:rivileges or any other PR3?? >? ^r :;'lit-7t`i r" S (3 opon race, color, rei i^4icn, t 16 F political pet „i"aS c r Or �sir.f nr•c_, 17 ' . i � .:T ? n say r dean manner or S al.e yer;3kr_ ? >.3 .r.s nYti .. a .^,� f 13 $ a perk.. of twenty-five (ti ) rear:, _ with the : iling of the Nc,tice of 1n ! � -C^ip etion with CGU'ITY. Fa .lur@ of CITY to d r .>o iiill ca igat? CITY f J repay 3 a C.':NTY a i funds cantribu-ed to P'a(VTCT F;T CO!" TY. i 21 iS he S.'.i,",lshall :in o,{C; 1;3F?d rrc!x` t:':l s r «.i.ql] ;.f Its pGr ¢Qr',3nCe is '?1Z1de 22 inpossih e by: ii^.t of Gud, war, civil fire, f"i.00d, storm or t)y :any ,r ' s lax, regulation, or lawful arc:tr or acti;;n of anv federal, state or county agen,�y, 24 or by any other cause beyond thtr crntro =.�f the CITY. �.F I 6 ' a, Shall cc-Ktr it -ate funds to .:eve1c.,prer*t of PROJECT in an aunt 27 eq=sal to 40't of incurred cnnstr.., Lion casts, sti-li contribution not to exceed 2 yki4; (li'rCi. i 6 e f - 1 b. S':ail remit payr,.ent xont'ily to CITY, upon receipt copies r..f aud:i* -rxR warrants anIy otnpr document's. s'.lbstantiatinta CT_TY's expenditures on 3 J PROJECT construction contract and upon authoriza':lon of DMECTOR, an am unt oqual 4 to 40% of costs incurred by '-TT within the previlcus rsonti. less 110% -hies shall he 5 retained by COU' Y. Y until completion of 'PRX. C .. ..,.. ret OUNI :,gal e F'zr wined y C,��.. Y s..�� b_ E ' reIIlitted to CITY up on receipt of Notl-e of tyompl-tion a psn re^e;pt of copiez of 7 .. d?cur:,ents substantiating CITY'a experidit:.res not previously forwarc4ed to COUNTY � do=3 UYQn a'.:.f' .+z3t,O:Z of :iitiGf:`f'iii. CQi?:r'iY' a 4'.'".Cdl rE''spUns:bi,.ity ':eTeu:der :ii I1G+ case s?;u:! exceed S100,s0u0. 10 4. yt is Mutua ly urderstood and agreed as follows: 11 4 a. `;eiti:er CD STY nor ar. `i y �� s` officer emp'o,.ee _. ereo ha, 1 he 12 } resrc.s-title for any da^aie ,-)r .iatiI.'ty rt7�c`.rr:nq v k?a,on t;f ar.Y'.r.n; done :'r 18 cr..itted to be one ', C.._ .rider -r in chrr__*..... with ar.y w�ru, authority, 1 1t) F'Ursoar� Iove nme fCr ^tifCide �,iP. �i5, � J a'3 l fully ti .. 16 and ..,.: " ^7i .. a.r.c:�^ fz..., n.,a.. l:ty ir. ,se] fnr .:,jury 11rr.. t'..: re �s-nc of an rhindone, :i un-!er "'nnc(:`tion wi . any wn rk, 3ctthorlty, or ]9 ` 12i::'.dln )n : t .... 'e";r. U3nF to, Govern^'. n.t Cc,,I SF :,ti,,.;t �'',�a ,.-"i . ..":' LUNTY shall fully 21 inlemnify, c*e i ::, :an-! holf"I CITY „a.,.. QaS from any l:dl.fl ty ingiosx:6 f:''T i t n)Ury ,as 22` '%Ief ned by _0V`?.—n:^en11: r'rxle Section 810.% = car °. rr ; by �eayan of anything done or 23. t r.�.. omitted o be .one .,y CLN-4 under or : , connection with any work, authority, or ? d-)f isdictivn rc r f--rc^F:3 by C : vTY under t:;is a:,,reement.. 2 126 •I% 2 rI 28 c ¢ —4 } 2 3 4 5 6 7 8 g 10 11 0 IN WITNESS 1-niFREOF, the parties hereto have set their hands and seals { this ray and year first hereinabove written, ;Ca OF ORANGE !JUN 2 8 1933 DATE: rman of the Board of Supervisors range County, California SIr14ED AND C^RTIFIED THAT A COPY OF THIS DiOCUM{u?`; KAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD JUNE ALFYMDER Clerk of the Board of Supervisors of Orange County, California 1211 APPROVED AS TO FORM.: ADRIAN KUYPER, County Counsel 13 O OUNTY, CALIFORNIA 14 .kk DATE:. - By ATTEST: TCjTY ,0f HU'NT:AGTON B14ACH, ' y 17 AL.ICIA ?1. WLNTWCRT�!, CITY CLERK a pitinicipal 18 �>r ep� .YCity Clerk- i®'' Mayor � 13 20 APPROVED AQ TO Fopm- 21 City rttrorney 22 REVTEWE �r. APPROVED IN--I—HATED�Nj) APPROVED . 23 ,� ,. `" .. M 24 City Admin trator.. Director rf Public Works 25 26 27 28 6/16/$3 BLuri�- l'z:) SI-A 1 �^ MURRAYSTOP DIRECTOR F' yy! op U mTY O F= R C. R. NELSC T ` � r1NF'T!?R OF P41RL'C Wf'`R• Y SCAT ,. SANTA ANA CAI. tF nR". ENVIRONMENTAL MANAGEMENT AGENCY MAIL _tP B O 40 PUBLIC WORKS SPNTA ANA. CA S2702 dP rEL,EpHG�h t 7141. 894 2?. FILE BTP-Design Mr. Paul, E. Cook xi Director of Public Works City of Huntington Beach 2000 Main Street AijC Huntington Beach, CA 92648 Dear Mr. Cook: F-IUN-7"NGT0N BE, .-K CIU, Reference the agreement dated Juno 28, 1983 between the County of Orange and your City for Bluff Top Park. Please be advised that the designee referred to it oaranraoh 2.c. of the ,agreement is Mr. Ralph F. Ilud on, Chief of thA F.MA'RPvrea"ion Facilities Deign Section. He may be reached at 834-3812. Vory truly your, C. R. Nel-an, EMA'PtibliC Wor' LA:rmdDL01-22 8,11f83 37. p.r nr •: k "VC--lKs HUr,FnNGTON 6CAC11. =.ALtF. N �J CITY OF HUNTINGTON BEACH 2000 VAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK: August 22, 1983 Grad' r y j, f Environmental Agency Office .enter Drve West CA. 92701 The City Council of the City of Huntington Beach at its regular meeting held June 20, 1983, approved the Revised Blufftop land- scape Agreement. It was approved by the County on June 28, 1983. When we received the duly executed copy from the County, it did not have our mayor's signature on the agreement. We are enclosing Page r5 of the agreement with Mayor MacAllister's signature so that your fire copy will be correct. Alicia M. Wentworth City Clerk AMW:CB:bt Enclosure t P el-.4hana 714 536 5227 t Aoki. w MINUTES OF THE 130,kRD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA June 28, 1983 IN RE: ACCEPT GIFT CELESTR)N ASTIRO TELVSCOP.-, SHERIFF -CORONER DEPARTX-:NIT On notion of Supervisor Wieder, duly seconded and unanimously carried, the Sheriff -Coroner Department is authorized to accept a gift: of a Celestron Astro Telescope donated by the Orange County Sheriff's Advisory Council. IN RE: CHANGE ORDER '110, 4 LAGUNA CANYON �"HMXNEL JOHN A. ARTUKOVICH SONS, INC. On motion of Supervisor Wieder, duly seconded and uncr. .01-'sly carried, the Clerk of the Briard, on behalf o` 1,he Bo,rd of Sunervisors, is authorized to sign ChanZe Order No. 4 to the contract for Lag ina Canyon Channel, with Johr A. Artukw.,ich Sons, Inc., as contractor. >IN RE: AGREEMENT CITY OF 11LINTINGTON17 BEACK BLUFF TOP PARK On motion of Supervisor WiedLr, duly seconded and unanimously carried, the Clerk of the Board, of behalf of the Board of Supervisors, is aut.horized to execute the agreement dale --ea June 2S, 1983, between the County of Orange and the City of Puntiz,.�-.toa Peach for Bluff Top Park. The Auditor -Controller is directed to issue payment to the City of Huntington Beach from Local Parks Trust Fund accol.111t #1531-9.L1-040 in accordance with paragraphs 3a and 3b of Agreev. anc 7)83-088. RECEIVED Jul b - 1983 EVIA I Page 10 - Council Minutes - 6/20/83 Following discussion, a motion was mnade by Mandic, seconded by Kelly, to approve and authorize execution of Supplemental Agreement No. 4 amending the current agreement to provide for a rate of $5.89 per month for each residential unit of service and a revised rate schedule for coirmerc i ai bin v-ates. The motion carried by the following roll call vote: AYES Pattinson, Thomas, Kelly, MacAllister, Mandic NOES: Finley, Bailey ABSENT: None REVISED AGREEMENT - APPROVED - BLUFFTOP LANDSCAPE PROJECT COUNTY OF ORANGE The City Administrator infor-med Council :hat they had been provided with a� communication from the Public Works Director regarding the revised Blufftop Landscape Project - CC 597, together with said revised copy. A motion was made by Pattinson, seconded by Mandic, to approve and authorize execution of a revised agreement between the Cit,• and County or Orange for the Blufftop Landscape Project to make it possibre for the City to receive a monthly reimbursement from the county as opposed to a lump sum paymert upon. completion of the project. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, Kelly, MacAllister, Finley, Bailey, Mandic NOES: None ABSENT: Ncne PRODUCTIVE PERSCNAL RELATIONSHIPS PILOT P"OGRAH - APPROVED The City Administrator inforried Council that they had been provided with copies of a communication from Robert D. Davis Consultants, Inc.. regarding a Productive personal 't:elationships pilot program for the amount of $4500. A motion was mode by Pattinson, seconded by Kelly, to accept the proposal from Robert D. Davis ;onsultants Inc. f or $4500 for a Productive Personal Relationships pilot program. The rnoti on carried by the following roll call vote: AYES: Pattinson, Thomas, Kelly, MacAllister, Finley, Mandic NOES: Nonp ABSTAIN: Bailey ABSENT: None COUNCIL LTAT SON APPOINTMENTS - APPROVED On motion by MacAllister ' acAl1ister, second Mandic, Council vat i fi ed the ' o ll owi ng CcAnAcil liaison appointments by unanimous vote: ALLIED ARTS BOARD NB-r=V BOARD or REALTORS 01n MacAi i` ister Bob Mandic Jack Kelly John Thomas REQUAT FOR CITY COUNRL-'---CT ? DO,/,Vb#/e to C +I I Cvu-'y Dme June 17, 1983 Submitted to: Honorable Mayor and City Council Submitted by: G. V , Thompson, City Administrator / Prepared by: Paul ._ Cook, Director of Public Worksk r Subject: Bluff Top Landscape Project; CC 597 Statument -if lgsue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachmen=— STATEMENT OF ISSUE: Pi::-3uant to a request from staff, the County of Orange has revised the funding agreement for the Bluff Top Landscape Project. RECOMMENDATION: Approve the attachE3 revised agreement-, thereby making it possible for the City to receive a monthly reimbursement from the County as opposed to a lump sum payment upon completion of project. ANALYSIS: On April 18, .933, the City Council approved an agreement with the County of Orange for $100,000 in funding for the Bluff Top Landscape Project. In accordance with the original agreement, these funds would not be payable to the City until the County received F notice of completion, copies of bills, auditor's warrants an.' other: documents substantiating City expenditures on project, Staff requested that the County revise the agreement to permit monthly reimbursements during construction. The County has approved this request and the revised agreement is hereby submitted for Council approval. FUNDING SOURCE: N, A -- ALTERNATIVE ACTION: Deny approval of tue revised agreement and forego monthly re4- bursements. ATTACHMENT: Revised Agreement CWT;PEC:DRN: jy KEkpr P10 4all y� UG 5°''�� REQUEST FOR CITY Dma &bmitt to: Honorable Mayor and City Council Submitted b • Cnarles W. Thomson, City Admi.nistra�orv� Prepared by: aul E. Cook, Director of Public Works;, i Subject: Bldf Top Landscape Project; CC 597 {dam 2,yanwqe , e" I SY STY G0�NG1L .Statement of Issue, RecN mendation, Analysis, Funding Sour , A!, ernative Actions, Attachments ^ ./ STATET�fi OF ISSUE: Pursuant to City Council �Prcva1 of February 22, 83, bids were received on March 22, ' 983 for the Bluff Top Land Pl— Project. R IMTIC N: . Accept the low bid suhrai.tt� by All City Clerk to execute an app riate c 2. Approve the attached agreement the County of Grange. �kl.er C caCany" and aut iorize the Mayor, and ct in the annunt of S339,201.00. accept $100,000 in project.funding from the 3. Authorize the appropriation of $S0;t0Q ran dosrntewn redevElon-ent funds. Authorize th acroz�riati .n of $700 frc�n SB 821 B' Fund. Z�uthorize the appropriation of the remain ing $83,906 from the Unappropriated Aral Fund Balance and the Park Acauisiton and Development Fund in what ,er propor 'on the Council desires (i.e 50% General Fund; 50% Park Acquisition, 0%-Genera' 10C Park AcYT Asition; etc.) ANALYSIS: On Fer�ary 22, 1983, the City Caunci approveci' the plans and specificaLcrs for tie Bluff Top landscape Project and authorized staff to ad rtise for construction bids. Bids were rec-:ivied and owned on March 22, 19 Of the nine bids submitted, only two, as mmanai i zec; below, are close to the estimated st of constructipn. Base Al�. Bid Alt. Bid Ali. Bid Alt. Bid Base Bid Contractor Bid % Ir _ #2 `#3 #4 Alts. ?,2,3,�t4 ----- Allied SprjAkler $263,372 15,879+ $25,161 $21,33$* $13,451 $339,201* Mathis Const. 259,535* 115,458 31,783 25,60i 17,164 349,541' *corrected totals (i.e. aurit�- figures) The base bid includes vlear, g and grading the proj€ntt site, installing the mainline irri- ga it r,n system, putting in t1je protect:- e railing along the bluff e5ges, and. landscaping (on both sides of tht bike ail) at 9th and P.C.H., 17th an: P.C.H.,,, and Goldenwest at !'dternate bid item #1 includes irrigation and landscaping (on both side of the Hike trail) at 14th and P.C.H. and�2 th at P.C.H. Alternate bid item 42 c1udes irrigation and landscaping (on the inland side of the bike trill) bet-,, ,en 17th a# Goldenwest. Only &hall portions of the bluff, on the ocean side of, the bi.,< -all, are included in t2-.is bid item. Alternate bid iten #3 includes irrigation and landscaping (on the inland sido of the hike trail) between llth and 13th and 14th and 16th Streets. Again, only sm311 portions of the bluff (on the c^,ean side of the bike trail,) are included in this bid. item.pin djai 1 Request for Cour_cil Act' Bluff Top Landscape Project, C' 597 .April 6, 1983 Page 2 Alternate bid item #4 includes the installation of irrigation and landscaping along the uncoripleted port -ions of the bluff on the ocean side of the bike trail between 9th and Goldemest. 7-cliauing all of the alternatives in the project will provide a completely landscaped park from 9th St. to Goldenwest. 11 Therefore, it is recanted that a contract be awarded to A1'Aed Sprinkler Corey with the following contract cost provisions: Contract. Amount: $339,201.00 Const. Contingencies: 33,920.00 Total Contract Costs $373,121.00 On March 15, 1983, the Orange County Board of Supervisors approved the appropriation of $100,000 in funding for the Bluff Top Landscape Project. The conditions of this appropria- tion are included in the attached agreement. Staff has reviewed the agreement and recon- mends approval of the doct.ment. Although $238,515 has been enctiunbered from various sources for this project, there is s ''' a revenue shortfall of $134,606.00. Other sources of potential revenues include dawn , redevelopment funds, limited eligible S.B. 821 bike monies, park acquisition and develrb- ment funds, and the general fund. FUNDIUS" SCUJRC-E: Allocated. Revenues: Orange County Allocation 2. Public Donations & Private contributions (Account A259) 3. Park Acquisition & Development Ft,-d (Account t 790606) Subtotal: $238,;15.UI Unallocated Revenues: $100,000.00 111,515.00 27,OOC.00 4. Unappropriated General Fund Balance or Park Acquisition & Develogrent Fund $ 83,906.00 5. DowntaAm Redevel-nment F`w)d 50,000.00 6. Limited Eligible S.B. 821 Bike Fund 700.00 Total.: $373,121.00 ALt1E MTWE AMC NS: 1. Appropriate the tot --I project shortfall, of $134,606 or a portion thereof from the tmaPr)rrmr'iat,od Gr, nr-ral Fund A-ilance and award a contract to Allied Sprinkler Ccx%i ny. 2. A^+sard a base bid contract to Mathis construction, Inc. aryi appropriate the $46, 973 he bid shortfall from ore or any- combination of the following sources: -Park Acquisition & Development Funds Cowntcin Redevelopment Funds (,W -Limited Eligible S.B. 821 Bike Mon)'es �+°� Unappropriated General Fund Balance Rom= for Council .Action Bluf p Landscape Project; CC 597 Apr- , 1983 Page 3 3. Reject all bids until revenue shortfall is resolved. ATEACKNOM : age County Agreanent 2. F.I.R. CWT : PDC: DM: jY n i 1j AGREEMENT ry l THIS AGREEMENT made and entered into this ^_ _ _ day of 3 �j 1983, i� 411, BY AND BETWEEN C p, J i The CITY Oc FiUNTINGTON BEACH, a municipal corporation, hereinafter tl referred to as "CITY," x' AN D 7 The COUNTY OF ORANGE, hereinafter 8 ' referred to as "CC`INTY." W I T N F S S E T H 10 WHEREAS, CITY has proposed development of a Bluff Tap Park for purpo es 11 of pr,:viding recreational and visual aesthetic amenities on an t-hhcrwise 12 .' i unattractive site; and iy 7 13 �} WHEREAS, CITY has requested COUNTY contribute $106,000 towards 14 development of Bluff Top mark, and 15,; -VUREAS , CITY has demonstrated that Bluff Top Park bears a reason,�hle 1vt'' relationship to the uae of the park by inhabitants of the subdivision from which ^r 17t local park fees were collected and will assure COUNTY that project will be 1a i 1; available to and enjoyed by residents of the COUNTY; and 191� WHERFAS, COUNTY is desirous of participating in CITY's Bluff Top Park jf 20# project by providing funding assistance in an amount not to exceed $100,000; ant] ±i 21 WHEREAS, CITY has assumed "Lead Agency" status within the context of the 22a Environmental Quality Act of 1970, as amended, and as such has complied with i 23j' environmental requirements and filing including General Plan conformity, 24;g NOW, THEREFORE, IT I5 AGREED as follows; 25 1. Bluff Top Park shall include the development of irrigation system and* 2$'1 landscaping, as depicted on Exhibit "A", attached hereto and by reference made a 27 park of thin agreement, 28 2. CITY; i