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HomeMy WebLinkAboutCounty of Orange - 2015-08-03J� 5 RECEIVED BY: (Name) (Date) • CZ.�yJ TO: FROM: DATE: City Treasurer City Clk �/; -, 2-/f CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION SUBJECT: Bond Acceptance I have received the bonds for'��'`"1 %� (Company Name) ) / - ,?-? 4d�. / ' mac. N- � � /, r Ls./ 1� -� - I / t� e r'"> ,� ep G: CAPITAL PROJECTS (Includes CC's and MSC's) `~ Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. MSC No. Other No. g:/forms/bond transmittal to treasurer Approved Agenda Item No. City Clerk Vault No. SIRE System ID No. , � - e",3 - c,—b/ 5 (Council Approval Date) � '77 COOPERATIVE AGREEMENT BETWEEN COUNTYTHE O ORANGE AND BEACHTHE CITY OF HUNTINGTON This COOPERATIVE AGREEMENT (Agreement) FOR THE HUNTINGTON HARBOUR WATERLINE PROJECT is made and entered into thisday of sf , 2015, (herein "Effective Date") by and between the COUNTY OF ORANGE, a political subdivision of the State of California (hereafter the "County"), and the CITY OF HUNTINGTON BEACH, a municipal corporation (hereafter the "City") The County and City may be referred to herein individually as a "Party," or collectively as the "Parties " RECITALS WHEREAS, the County has a maintenance protect to dredge the Sunset/Huntington Harbour main channel in areas shown on "Exhibit A — Sunset/Huntington Harbour Dredging Areas", attached hereto, and such project is known as the Sunset/Huntington Harbour Maintenance Dredging Protect (hereafter the `Dredging Protect"), and WHEREAS, the City has a Capital Improvement Protect to construct a waterline in the Huntington Harbour area, and such protect is known as the Huntington Harbour Waterline Protect (hereafter the "Waterline Protect") as shown on "Exhibit B — Huntington Harbour Waterline Protect Area", attached hereto, and WHEREAS, the City desires to construct the proposed Waterline Project jointly with the Dredging Project to take advantage of the cost of a mobilized dredging contractor to dredge a trench area in the harbor to construct the Waterline Project that is not included in the Dredging Project area and WHEREAS, the County has agreed to construct the Waterline Project jointly with the Dredging Project with the City financially responsible to pay for all costs associated with the construction of the Waterline Project, and WHEREAS, the County will be responsible for advertising, bidding, and awarding both Projects jointly and facilitating the construction of the Waterline Project' with the Dredging Project, and WHEREAS the City and the County desire to enter into this Agreement to describe the City's and County's responsibility for the construction of the Waterline Project, and 15-4567/121550 NOW THEREFORE, the County and the City agree as follows 1 The Parties agree that the above recitals are true and correct to the best of each Party's knowledge, and shall incorporate into this Agreement the full terms set forth herein 2 After both the County and the City have reviewed and approved the Plans and Specifications, the County agrees to advertise both Dredging Project and Waterline Project (hereafter the "Project") Should the County award the Project, the County agrees to award the Project under one contract approved by the County Board of Supervisors and construct the Project jointly 3 After opening the bids for the Project, the County shall notify the City of the bid contents as soon as is reasonably feasible The County will determine whether it will or will not award a contract and inform the City of such decision as soon as reasonably feasible The County Reserves the right to reject all bids as consistent with the law If the County determines it will not proceed with awarding the Project, this Agreement shall terminate immediately The City shall be financially responsible for any applicable expenses incurred by the County with regard to advertising the Waterline Project If the County determines it will proceed with the Dredging portion of the project, then the terms of this Agreement shall remain in effect and the County shall award the Project consistent with public bidding and award procedures 4 If the County awards the a contract for the Project, the City will provide the County with a lump sum check for an amount not to exceed aM 414> 7HR&C ?V_lullo dollars ($_/, vc"000.00 ) at least thirty (30) calendar days prior to the County Board of Supervisors awarding the contract to the contractor The lump sum amount to the County will include all costs related to the construction of the Waterline Project including and not limited to the contractor's bid proposal plus fifteen (15%) contingency, construction management, specialty inspection and testing, eelgrass mitigation and monitoring, water turbidity monitoring, and bird nesting survey 5 The County agrees to facilitate the construction of the Waterline Project with the Dredging Project and use City's pre -paid funds to pay for all cost associated with the Waterline Project 2 15-4567/121550 6 Should the cost of constructing the Waterline Project exceed the City's lump sum amount provided to the County the City shall allocate additional funds within thirty (30) calendar days to the County to pay for any additional costs related to constructing the Waterline Project 7 The County shall separately file a Notice of Completion (NOC) for the Dredging Project and Waterline Project The NOC for the Waterline Project shall identify the City as the owner of the newly constructed waterline 8 The County shall request and obtain from the contractor a one-year Warranty Bond, in an amount equal to the total payments made to the contractor for the construction of the Waterline Project. The County shall include in the contract document a requirement for the contractor to provide the County with a Warranty Bond and name the City as the bond holder of such Warranty Bond for the Waterline Project The County shall provide the City with the original bond within fourteen (14) calendar days after release of the final retention payment to the contractor Upon the City's receipt of the bond, the City shall be responsible for tracking and releasing the bond to the contractor As deemed appropriate and as applicable by both Parties, the City shall accept any warranties, including manufacturer's warranty, related to the Waterline Project as provided by the contractor. 9 The County shall reimburse the City all unused pre -paid funds for the Waterline Project within ninety (90) calendar days from the effective date of the Notice of Completion for the Waterline Project filed with the Orange County Recorder's Office 10 The Parties agree to pay a pro-rata share of the cost for eeigrass mitigation and monitoring or alternate approaches to eeigrass mitigation for eeigrass impacted by each Party's individual project Each Party is financially responsible to pay for their fair share of costs for the mitigation measures identified in the eeigrass mitigation plan approved by the California Coastal Commission and referenced in the approved Coastal Development Permit (CDP) issued under one permit for both projects Each Party is also financially responsible to pay a pro-rata share of the cost for eeigrass mitigation requirements/conditions specified in the approved CDP, U S Army Corps of Engineer permit, and California Regional Water Quality Control Board 401 permit 11 Indemnification A County Neither City nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by County under or in connection with any work or 3 15-4567/121550 activity under this Agreement It is understood and agreed that, pursuant to Government Code Section 895 4, County shall fully indemnify and hold City harmless from any liability imposed injury (as defined by Government Code Section 810 8) occurring by reason of anything done or omitted to be done by County under or in connection with any work or activity under this Agreement B City Neither County nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work or activity under this Agreement It is understood and agreed that, pursuant to Government Code Section 895 4, City shall fully indemnify and hold County harmless from any liability imposed injury (as defined by Government Code Section 810 8) occurring by reason of anything done or omitted to be done by City under or in connection with any work or activity under this Agreement 12 Governing Law The City and County understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the Parties to this Agreement and also govern the interpretation of this Agreement In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Grange County, California, and the Parties hereto agree to and to hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394 Furthermore, the Parties specifically agree to waive any and all rights to request that an action be transferred for trial to another County 13 Assignment This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties No assignment of County's interest in this Agreement shall be made without the written consent of the City Furthermore County agrees that any City funds received under this Agreement shall not be expended on, given to, shared with, or otherwise provided to any other city, local agency or other entity not contemplated under this Agreement 14 Amendments This Agreement is the sole and only Agreement between the Parties regarding the subject matter hereof, and other agreements on this subject matter either oral or written are void Any amendments to this Agreement shall be in writing and shall be properly executed by both Parties and approved as to form by County's County Counsel and City's City Attorney 4 15-4567/121550 15 Integration This Agreement constitutes the entire agreement of the Parties No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both Parties 16 Severability If any part of this Agreement is held, determined or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible 17 Termination This Agreement shall terminate under the following circumstances (a) The County determines it will withdraw from the Project during the bidding process or (b) The County determines it will not proceed to award a contract after bids are received, or (c) The Project is completed and a NOC is filed Either Party may terminate this Agreement under the following circumstances (a) Material breach is committed by the other Party and has not been cured within a reasonable amount of time after a "Notice of Termination" is given to the other Party or mutually agreed upon plan for curing the breach is not entered into by both Parties A Party alleging breach by the other Party must provide written notice of the breach in a "Notice of Termination' which shall be effective the date that the Notice is received The Notice shall clearly state the reason for the termination, explain the material breach that is alleged, and the date upon which the termination is effective If this Agreement is terminated for material breach, the City shall reimburse the County within thirty (30) calendar days of termination for all applicable costs incurred by the County on the City s behalf under this Agreement and the County shall reimburse the City all used pre -paid funds per the terms and conditions specified in this Agreement 18 Breach The failure of the County or City to comply with any of the terms and conditions of this Agreement shall be a material breach of this Agreement 5 1545671121550 19 Binding Obligation The Parties to this Agreement represent and warrant that this Agreement has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity enforceable in accordance with its terms 20 Attorneys' Fees In any action or proceeding to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defePse each Party shall bear its own attorney's fees, costs and expenses 21 Reserved 22 Counterparts This Agreement may be executed in two or more counterpart, each of which shall be deemed an original but all of which together shall constitute one and the same instrument 23 Notices Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally or by first class mail postage prepaid, to each Party at the address listed below Either Party may change the notice address by notifying the other Party in writing Notices may be sent by either facsimile or U S Mail Notices shall be deemed received upon receipt of same or within 3 days of deposit in the U S Mail, whichever is earlier Notices sent by facsimile shall be deemed received on the date of the facsimile transmission To County County of Orange OC Parks 13042 Old Myford Road Irvine, CA 92602-2304 Attn Director OC Parks Fax (714) 667-6511 To City City of Huntington Beach 2000 Main Street P O Box 190 Huntington Beach, CA 92643 Attn Director of Public Works Fax (714) 374-1573 24 Attachments This Agreement includes the following which are attached hereto and made a part hereof I Exhibit A — Sunset/Huntington Harbour Dredging Areas 11 Exhibit B — Huntington Harbour Waterline Project Area 6 15-4567/121550 IN WITNESS WHEREOF, the PailleS have executed this Agreement by and through their authorized officers as o- the dazes writien bejow CITY City of Huntington Beacn, a I—afforma municipal corporation APPROVED A,%TO FORM mey �����r ofPbtfitWoft 15-4 567/121550 County of Orange, a political subdivision of the State of California Date 0 ChadigoiYrd ofBuhe Signed and terTified that a copy of this Document has been delivered to the Chair of the Board per G C Sec 25103, Resolution 79-1535 Attest I C86 90 12 14N�erk of Board of Supervisors Orange Counsel Orange County, California Date ?-- � — I Y- 0 Appp"-i OFFICEC--, COUNSEL CA 1FOR1111A epuly COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF HUNTINGTON BEACH FOR HUNTINGTON HARBOUR WATERLINE PROJECT This COOPERATIVE AGREEMENT (Agreement) FOR THE HUNTINGTON HARBOUR WATERLINE PROJECT is made and entered into this _day of "wsil , 2015, (herein "Effective Date") by and between the COUNTY OF ORANGE, a political subdivision of the State of California (hereafter the "County"), and the CITY OF HUNTINGTON BEACH, a municipal corporation (hereafter the "City") The County and City may be referred to herein individually as a "Party," or collectively as the "Parties " RECITALS WHEREAS, the County has a maintenance project to dredge the Sunset/Huntington Harbour main channel in areas shown on "Exhibit A — Sunset/Huntington Harbour Dredging Areas", attached hereto, and such project is known as the Sunset/Huntington Harbour Maintenance Dredging Protect (hereafter the `Dredging Project"), and WHEREAS, the City has a Capital Improvement Project to construct a waterline in the Huntington Harbour area, and such project is known as the Huntington Harbour Waterline Project (hereafter the Waterline Project") as shown on "Exhibit B — Huntington Harbour Waterline Project Area", attached hereto, and WHEREAS, the City desires to construct the proposed Waterline Project jointly with the Dredging Project to take advantage of the cost of a mobilized dredging contractor to dredge a trench area in the harbor to construct the Waterline Project that is not included in the Dredging Project area, and WHEREAS, the County has agreed to construct the Waterline Project jointly with the Dredging Project with the City financially responsible to pay for all costs associated with the construction of the Waterline Project, and WHEREAS, the County will be responsible for advertising, bidding, and awarding both Projects jointly and facilitating the construction of the Waterline Project with the Dredging Project, and WHEREAS the City and the County desire to enter into this Agreement to describe the City's and County's responsibility for the construction of the Waterline Project, and 15-4567/121550 NOW THEREFORE, the County and the City agree as follows 1 The Parties agree that the above recitals are true and correct to the best of each Party's knowledge, and shall incorporate into this Agreement the full terms set forth herein 2 After both the County and the City have reviewed and approved the Plans and Specifications, the County agrees to advertise both Dredging Project and Waterline Project (hereafter the "Project") Should the County award the Project, the County agrees to award the Project under one contract approved by the County Board of Supervisors and construct the Project jointly 3 After opening the bids for the Project, the County shall notify the City of the bid contents as soon as is reasonably feasible The County will determine whether it will or will not award a contract and inform the City of such decision as soon as reasonably feasible The County Reserves the right to reject all bids as consistent with the law If the County determines it will not proceed with awarding the Project, this Agreement shall terminate immediately The City shall be financially responsible for any applicable expenses incurred by the County with regard to advertising the Waterline Project If the County determines it will proceed with the Dredging portion of the project, then the terms of this Agreement shall remain in effect and the County shall award the Project consistent with public bidding and award procedures 4 If the County awards the a contract for the Project, the City will provide the County with a lump sum check for an amount not to exceed 014 1-7/c_i0.11 A/y,0 77T2rE_ KvAlD2&Z� 7;4,e1UJ x-10 dollars ($ /, boo, 000 a o ) at least thirty (30) calendar days prior to the County Board of Supervisors awarding the contract to the contractor The lump sum amount to the County will include all costs related to the construction of the Waterline Project including and not limited to the contractor's bid proposal plus fifteen (15%) contingency, construction management, specialty inspection and testing, eelgrass mitigation and monitoring, water turbidity monitoring, and bird nesting survey 5 The County agrees to facilitate the construction of the Waterline Project with the Dredging Project and use City's pre -paid funds to pay for all cost associated with the Waterline Project 2 15-4567/121550 0 Should the cost of constructing the Waterline Project exceed the City's lump sum amount provided to the County the City shall allocate additional funds within thirty (30) calendar days to the County to pay for any additional costs related to constructing the Waterline Project 7 The County shall separately file a Notice of Completion (NOC) for the Dredging Project and Waterline Project The NOC for the Waterline Project shall identify the City as the owner of the newly constructed waterline 8 The County shall request and obtain from the contractor a one-year Warranty Bond, in an amount equal to the total payments made to the contractor for the construction of the Waterline Project_ The County shall include in the contract document a requirement for the contractor to provide the County with a Warranty Bond and name the City as the bond holder of such Warranty Bond for the Waterline Project The County shall provide the City with the original bond within fourteen (14) calendar days after release of the final retention payment to the contractor Upon the City's receipt of the bond, the City shall be responsible for tracking and releasing the bond to the contractor As deemed appropriate and as applicable by both Parties, the City shall accept any warranties, including manufacturer's warranty, related to the Waterline Project as provided by the contractor 9 The County shall reimburse the City all unused pre -paid funds for the Waterline Project within ninety (90) calendar days from the effective date of the Notice of Completion for the Waterline Project Tiled with the Orange County Recorder's Office 10 The Parties agree to pay a pro-rata share of the cost for eelgrass mitigation and monitoring or alternate approaches to eelgrass mitigation for eelgrass impacted by each Party's individual project Each Party is financially responsible to pay for their fair share of costs for the mitigation measures identified in the eelgrass mitigation plan approved by the California Coastal Commission and referenced in the approved Coastal Development Permit (CDP) issued under one permit for both projects. Each Party is also financially responsible to pay a pro-rata share of the cost for eelgrass mitigation requirements/conditions specified in the approved CDP, U S Army Corps of Engineer permit, and California Regional Water Quality Control Board 401 permit 11 Indemnification A County Neither City nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by County under or in connection with any work or z 15-4567/121550 activity under this Agreement It is understood and agreed that, pursuant to Government Code Section 895 4, County shall fully indemnrfy and hold City harmless from any liability imposed injury (as defined by Government Code Section 810 8) occurring by reason of anything done or omitted to be done by County under or in connection with any work or activity under this Agreement B City Neither County nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work or activity under this Agreement It is understood and agreed that, pursuant to Government Code Section 895 4, City shall fully indemnify and hold County harmless from any liability imposed injury (as defined by Government Code Section 810 8) occurring by reason of anything done or omitted to be done by City under or in connection with any work or activity under this Agreement 12 Governing Law The City and County understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the Parties to this Agreement and also govern the interpretation of this Agreement In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Grange County, California, and the Parties hereto agree to and to hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394 Furthermore, the Parties specifically agree to waive any and all rights to request that an action be transferred for trial to another County 13 Assignment This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties No assignment of County's interest in this Agreement shall be made without the written consent of the City Furthermore County agrees that any City funds received under this Agreement shall not be expended on, given to, shared with, or otherwise provided to any other city, local agency or other entity not contemplated under this Agreement 14 Amendments This Agreement is the sole and only Agreement between the Parties regarding the subject matter hereof, and other agreements on this subject matter either oral or written are void Any amendments to this Agreement shall be in writing and shall be properly executed by both Parties and approved as to form by County's County Counsel and City's City Attorney 4 15-4567/121550 15 Integration This Agreement constitutes the entire agreement of the Parties No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both Parties 16 Severabihty If any part of this Agreement is held, determined, or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible 17 Termination This Agreement shall terminate under the following circumstances (a) The County determines it will withdraw from the Project during the bidding process or (b) The County determines it will not proceed to award a contract after bids are received, or (c) The Project is completed and a NOC is filed Either Party may terminate this Agreement under the following circumstances (a) Material breach is committed by the other Party and has not been cured within a reasonable amount of time after a "Notice of Termination" is given to the other Party, or mutually agreed upon plan for curing the breach is not entered into by both Parties A Party alleging breach by the other Party must provide written notice of the breach in a "Notice of Termination" which shall be effective the date that the Notice is received The Notice shall clearly state the reason for the termination, explain the material breach that is alleged, and the date upon which the termination is effective if this Agreement is terminated for material breach, the City shall reimburse the County within thirty (30) calendar days of termination for all applicable costs incurred by the County on the City s behalf under this Agreement and the County shall reimburse the City all used pre -paid funds per the terms and conditions specified in this Agreement 18 Breach The failure of the County or City to comply with any of the terms and conditions of this Agreement shall be a material breach of this Agreement 5 15A567/121550 19 Binding Obligation The Parties to this Agreement represent and warrant that this Agreement has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity enforceable in accordance with its terms 20 Attorneys' Fees In any action or proceeding to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense each Party shall bear its own attorney's fees, costs and expenses 21 Reserved 22 Counterparts This Agreement may be executed in two or more counterpart, each of which shall be deemed an original but all of which together shall constitute one and the same instrument 23 Notices Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally Or by first class mail, postage prepaid, to each Party at the address listed below Either Party may change the notice address by notifying the other Party in writing Notices may be sent by either facsimile or U S Mail Notices shall be deemed received upon receipt of same or within 3 days of deposit in the U S Mail, whichever is earlier Notices sent by facsimile shall be deemed received on the date of the facsimile transmission To County County of Orange OC Parks 13042 Old Myford Road Irvine, CA 92602-2304 Attn Director OC Parks Fax (714) 667-6511 To City City of Huntington Beach 2000 Main Street P O Box 190 Huntington Beach, CA 92643 Attn Director of Public Works Fax (714) 374-1573 24 Attachments This Agreement includes the following, which are attached hereto and made a part hereof I Exhibit A — Sunset/Huntington Harbour Dredging Areas 11 Exhibit B — Huntington Harbour Waterline Project Area s '' 5-4567/121550 IN WITNESS WHEREOF, the Parties have executed tnis Agreement by and through their authorized o:Ticers as o� the da_es written l below CITY City of Huntington Beacn, a I—aliforma municipal corporation 90 Mwp,�i � M-Mmm i APPROVED AS3:aFORM rney INITIATED AND APPROVED / , 1�2 Dir r of/c o C5�109-) . armor 15 4567/121550 COUNTY County of Orange, a political subdivision of the State of California Date- C rvisors Signed and bertified that a copy of this Document has been delivered to the Chair of the Board per G C Sec 25103. Resolution i 9-1535 Attest ) Clerk of Board of Supervisors Orange Counsel Orange County California `,� `"Date �`" 15 In APPRG „ OFfiCE C = I CC%tINSEI ORANGE ,,O!*7TY CA',IFORN1A ORANGE COUNTY BOARD OF SUPERVISORS MI101UTE ORDER August 25, 2015 SubmzttingAgency/Department OC PUBLIC WORKS Approve plans and specifications and set bid opening for 9/16/15, 2 00 p in for Sunset/Huntington Harbour Maintenance Dredging and Waterline Installation Project, approve cooperative agreement with City of Huntington Beach, and consider application of prior Mitigated Negative Declaration No IP 14-148 and other findings - District 2 The following is action taken by the Board of Supervisors: APPROVED AS RECOMMENDED ® OTHER ❑ Unanimous ® (1) DO Y (2) STEEL Y (3) SPITZER Y (4) NELSON Y (5) BARTLETT Y Vote Key Y=Yes, N=No, A=Abstain, X=Excused, B O =Board Order Documents accompanying this matter: ❑ Resolution(s) ❑ Ordinances(s) ❑ Contract(s) Item No 21 Special Notes Copies sent to OCPW/Wendy Brown OCPW/Eric Swint OCCR/Steve Franks City of Huntington Beach/Duncan Lee I certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisors, Orange County, State of California Robin Stieler, Interim Clerk of the Board By Deputy Agenda Item AGENDA STAFF REPORT LEGAL ENTITY TAKING ACTION: BOARD OF SUPERVISORS DISTRICT(S): SUBMITTING AGENCY/DEPARTMENT: DEPARTMENT CONTACT PERSON(S): ASR Control 15-001003 08/25/ 15 Board of Supervisors 2 OC Public Works (Approved) Shane Silsby (714) 667-9700 Stacy Blackwood (949) 923-3743 r� SUBJECT: Advertise Sunset/Huntington Harbour Maintenance Dredging and Waterline Install` CEO CONCUR COUNTY COUNSEL REvIEw CLERK OF THE BOARD Concur Approved Agreement to Form Consent Calendar 3 Votes Board Majority Budgeted: Yes Current Year Cost: N/A Annual Cost: N/A Staffing Impact: No # of Positions: Sole Source: No Current Fiscal Year Revenue: N/A Funding Source: See Financial Impact Section County Audit in last 3 years: No Prior Board Action: N/A RECOMMENDED ACTION(S): 1. Find that Mitigated Negative Declaration No. IP 14-148, previously approved by Board of Supervisors on January 27, 2015 reflects the independent judgment of the County of Orange and is adequate to satisfy the requirements of the California Environmental Quality Act (CEQA) for the Sunset/Huntington Harbour Maintenance Dredging and Waterline Installation Project based on the following additional findings: a. The circumstances of the project are substantially the same and Mitigated Negative Declaration No. IP 14-148 adequately addressed the effects of the proposed project. No substantial changes have been made to the project, no substantial changes have occurred in the circumstances under which the project is being undertaken and no new information of substantial importance to the project which was not known or could not have been known when the previous Mitigated Negative Declaration No. IP 14-148, was adopted had become known; therefore no further environmental review is required. b. Mitigated Negative Declaration No. IP 14-148 is adequate to satisfy the requirements of CEQA for the Sunset/Huntington Harbour Maintenance Dredging and Waterline Installation Project. r 2. Approve plans, specifications and bid documents for the Sunset/Huntington Harbour Maintenance Dredging and Waterline Installation Project. Page 1 3. Approve the Cooperative Agreement between the County and the City of Huntington Beach for the Waterline Project. 4. Authorize the Clerk of the Board to advertise the Sunset/Huntington Harbour Maintenance Dredging and Waterline Installation Project for bids and set 2.00 PM, Wednesday, September 16, 2015, as the time and date for bid opening unless extended pursuant to Public Contract Code 4104.5. SUMMARY: Approval of the plans, specifications, and bid documents and authorizing the Clerk of the Board to advertise the Sunset/Huntington Harbour Maintenance Dredging and Waterline Installation Project will enhance waterway navigation, increase fire protection, and restore critical habitat. BACKGROUND INFORMATION: Sunset/Huntington Harbour is located in the cities of Seal Beach and Huntington Beach. The County of Orange is responsible for maintaining the manna depths in Sunset Aquatic Marina (Sunset Harbour) and the channel depths in the Main Channel between the Pacific Coast Highway bridge in Seal Beach and Warner Avenue in Huntington Harbour. The County of Orange has carried out previous maintenance dredging projects in Sunset Harbour with the most recent maintenance dredging cycle occurring in 2001. New maintenance dredging needs to be accomplished for waterway navigational purposes both in Sunset Harbour and the Main Channel. The overall Sunset/Huntington Harbour Maintenance Dredging and Waterline Installation Projec (project) also includes the installation of a 14-inch-diameter waterline under the Huntington Harbour channel. The waterline is the responsibility of City of Huntington Beach and is being installed for fire protection purposes. Because dredging equipment will be required to complete both the maintenance dredging and the waterline installation components of the project, considerable cost and scheduling efficiencies can be achieved by installing the waterline during the maintenance dredging work. A Cooperative Agreement has been prepared to cover the City's portion of the project. The disposal sites for dredged material will be at an open ocean Environmental Protection Agency approved site, with a small amount of dredge material to be deposited in the Surfside/Sunset Beach surf zone and a portion at the Seal Beach National Wildlife Refuge for habitat restoration of marsh areas located adjacent to the harbor. The purpose of the marsh restoration pilot project is to study the effects of applying a thin layer of dredge material to low elevation salt marsh while monitoring and recording marsh conditions for up to one year before and for five years after the application of the dredge material. The estimated construction cost for the dredging project is $6,400,000 and the estimated cost of the waterline project is $925,000. A copy of the plans, specifications, and bid documents is on file with the Clerk of the Board. Compliance with CEQA: This project is a necessarily included element of the project considered in Mitigated Negative Declaration No. IP 14-148, approved by the Board of Supervisors on January 2;`__` ; 2015 for the Sunset/Huntington Harbour Maintenance Dredging and Waterline Installation Project whic adequately addressed the effects of the proposed project. No substantial changes have been made in the Page 2 project, no substantial changes have occurred in the circumstances under which the project is being undertaken and no new information of substantial importance to the project which was not known or 0 ould not have been known when the Mitigated Negative Declaration IP 14-148 was approved has ecome known; therefore no further environmental review is required. FINANCIAL. INTACT: OC Parks has budgeted sufficient appropriations to pay for this Project. The City of Huntington Beach will pay all costs associated with the waterline project. OC Parks Capital Projects Fund 406: 87%; City of Huntington Beach: 13 %. STAFFING INTACT: N/A REVIEWING AGENCIES: OC Community Resources ATTACHN1ENT(S): Attachment A - Notice to Contractors Attachment B - Project Location Map s Attachment C - Public Contract Code 4104.5 Attachment D - Cooperative Agreement Page 3 Dept ID PW 15-045 Page 1 of 2 Meeting Date 8/3/2015 • • CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/3/2015 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 a Cooperative Agreement with the County of Orange for the Huntington Harbour Waterline Project, CC1446, appropriate $850,000 from the undesignated Water Fund, and, authorize the Director of Public Works to pay the County of Orange a deposit of not -to -exceed amount of $1,300,000 from the Water Fund Statement of Issue The Public Works Department desires to construct a new waterline crossing one of the channels;In Huntington Harbour to improve redundancy and reliability The City has the opportunity to construct this project along with the County of Orange ("County") Main Channel Harbor Dredging Project This will allow the City to take advantage of the cost of mobilizing a dredging contractor to dredge a trench area in the harbor for the City waterline and to piggy -back on their environmental document therefore reducing project costs and conserving on staff time and resources Financial Impact - Funds in the amount of $450,000 are available in the Water Fund, Account No 50691006 82100, and $850,000 is available from undesignated Water Fund (506) balance Recommended Action A) Approve and authorize the Mayor and City Clerk to execute the "Cooperative Agreement Between The County of Orange and The City of Huntington Beach For Huntington Harbour Waterline Project," and, B) Appropriate $850,000 from the undesignated Water Fund (506) balance to Business unit 50691006 82100, and, C) Authorize Director of Public Works to pay the County of Orange a deposit of not -to -exceed amount of $1,300,000 from the Water Fund, Account No 50691006 82100 Alternative Action(s) Do not approve the Cooperative Agreement and forego opportunity to collaborate with the County to reduce construction costs and to provide reliability of water resources for the Huntington Harbour residents Analysis To improve the redundancy and reliability of the water supply to the Huntington Harbour and Sunset Beach areas, the City proposes to construct the Huntington Harbour Waterline to serve as a backup to an existing 12-inch ductile iron waterline located beneath the harbor channel near Peter's HB -227- Item 9. - I Dept ID PW 15-045 Page 2 of 2 Meeting Date 8/3/2015 Landing The Huntington Harbour Waterline Project will consist of constructing approximately 670 lineal feet of 14-inch diameter pipeline across the harbor main channel The existing 12-inch ductile iron pipeline is a critical pipeline segment that provides a loop (redundant) waterline for the two areas and supports the water flow necessary for fire protection purposes A pipeline failure or shutdown of the 12-inch water pipeline would result in a significant reduction in fire flow capacity to these areas, ranging between 37 to 58 percent The County of Orange currently has a maintenance dredging project in the Sunset/Huntington Harbour area, and has agreed to include the City's proposed waterline project Since the pipeline project will also require dredging of a section of the harbor, staff believed this was an opportune time to work together with the County since the City's waterline must address environmentally sensitive issues, testing, and permitting similar to the County's dredging project This collaboration with the County is saving the City hundreds of hours of staff time and will accelerate the construction of the waterline project by piggy -backing on the County's dredging project The County's legal counsel notified City staff on July 8, 2015, requiring the Cooperative Agreement ("Agreement") to be approved and signed by the City, prior to the County seeking their authorization to advertise the dredging and waterline projects The Agreement describes the conditions under which each party agrees to facilitate the construction of the waterline project After County awards both projects, County will need to sign the Agreement and the City to provide the County with a lump sum payment, not to exceed $1 3 million, for construction, contingency, construction support, inspection, and other relevant costs associated with the new waterline After completion of the waterline project, the County will return any unused funds to the City ® The County staff recently revised their tentative advertising for both projects to as early as August 2015 and awarding the contract in October 2015 The County is tentatively scheduled to begin construction in fall of 2015, and complete the waterline project and dredging maintenance work; in spring of 2016 The total estimated project cost is estimated to be $1,300,000 00 to account for costs of construction, contingency, construction management, and inspection While the engineer's estimate is approximately $700,000, the difference takes into consideration the complexity in construction, higher contingency, and to assure the County that the City is committed to fund the water project Public Works Commission Action: Not required However, informational presentation was given to the Commission on November 19, 2014 Environmental Status Not applicable as all permits and environmental documentations were prepared through the County Strategic Plan Goal Enhance and maintain infrastructure Attachment(s) 1 Location Map - Waterline 2 Cooperative Agreement Between the County of Orange and the City of Huntington Beach for Huntington Harbour Waterline Project Item 9. - 2 HB -228- ATTACHMENT 1 HUNTINGTON HARBOUR WATERLINE PROJECT • 0 VICINITY MAP PRCHB_229__tEA Item 9. - 3 COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF ORANGE iE THE CITY OF'HUNTINGTON BEACH HUNTINGTONA�� This COOPERATIVE AGREEMENT (Agreement) FOR THE HUNTINGTON HARBOUR WATERLINE PROJECT is made and entered into this 30 day of " iksf , 2015, (herein "Effective Date") by and between the COUNTY OF ORANGE, a political subdivision of the State of California (hereafter the "County"), and the CITY OF HUNTINGTON BEACH, a municipal corporation (hereafter the "City") The County and City may be referred to herein individually as a "Party," or collectively as the "Parties " RECITALS WHEREAS, the County has a maintenance project to dredge the Sunset/Huntington Harbour main channel in areas shown on "Exhibit A - SunsettHuntington Harbour Dredging Areas", attached hereto; and such project is known as the Sunset/Huntington Harbour Maintenance Dredging Project (hereafter the `Dredging Project"); and WHEREAS, the City has a Capital Improvement Project to construct a waterline in the Huntington Harbour area, and such project is known as the Huntington Harbour Waterline Project (hereafter the "Waterline Project") as shown on "Exhibit B - Huntington Harbour Waterline Project Area", attached hereto, and WHEREAS, the City desires to construct the proposed Waterline Project jointly with the Dredging Project to take advantage of the cost of a mobilized dredging contractor to dredge a trench area in the harbor to construct the Waterline Project that is not included in the Dredging Project area and WHEREAS, the County has agreed to construct the Waterline Project jointly with the Dredging Project with the City financially responsible to pay for all costs associated with the construction of the Waterline Project, and WHEREAS, the County will be responsible for advertising, bidding, and awarding both Projects jointly and facilitating the construction of the Waterline Project with the Dredging Project, and WHEREAS the City and the County desire to enter into this Agreement to describe the City's and County's responsibility for the construction of the Waterline Project, and 15-4567/124550 NOW THEREFORE, the County and the City agree as follows 1 The Parties agree that the above recitals are true and correct to the best of each Party's knowledge, and shall incorporate into this Agreement the full terms set forth herein 4 2 After both the County and the City have reviewed and approved the Plans and Specifications, the County agrees to advertise both Dredging Project and Waterline Project (hereafter the "Project") Should the County award the Project, the County agrees to award the Project under one contract approved by the County Board of Supervisors and construct the Project jointly 3 After opening the bids for the Project, the County shall notify the City of the bid contents as soon as is reasonably feasible The County will determine whether it will or will not award a contract and inform the City of such decision as soon as reasonably feasible The County Reserves the right to reject all bids as consistent with the law If the County determines it will not proceed with awarding the Project, this Agreement shall terminate immediately The City shall be financially responsible for any applicable expenses incurred by the County with regard to advertising the Waterline Project If the County determines it will proceed with the Dredging portion of the project, then the terms of this Agreement shall remain in effect and the County shall award the Project consistent with public bidding and award procedures 4 If the County awards the a contract for the Project, the City will provide the County with a lump sum check for an amount not to exceed dM� Ml�Ciu,�. fl�A 712 K��7>2�� 77sL�UJO dollars ($ , 000 . a u ) at least thirty (30) calendar days prior to the County Board of Supervisors awarding the contract to the contractor The lump sum amount to the County will include all costs related to the construction of the Waterline Project including and not limited to the contractor's bid proposal plus fifteen (15%) contingency, construction management, specialty inspection and testing, eelgrass mitigation and monitoring, water turbidity monitoring, and bird nesting survey 5 The County agrees to facilitate the construction of the Waterline Project with the Dredging Project and use City's pre -paid funds to pay for all cost associated with the Waterline Project 2 15-45671121550 ►a Should the cost of constructing the Waterline Project exceed the City lump sum amount provided to the County, the City shall allocate additional funds within thirty (30) calendar days to the County to pay for any additional costs related to constructing the Water4ne Project 7 The County shall separately file a Notice of Completion (NOG) for the Dredging Project and Waterline Project The NOC for the Waterline Project shall identify the City as the owner of the newly constructed waterline 3 The County shall request and obtain from the contractor a one-year Warranty Bond, in an amount equal to the total payments made to the contractor for the construction of the Waterline Project The County shall include in the contract document a requirement for the contractor to provide the County with a Warranty Bond and name the City as the bond holder of such Warranty Bond for the Waterline Project The County shall provide the City with the original bond within fourteen (14) calendar days after release of the final retention payment to the contractor Upon the City's receipt of the bond, the City shall be responsible for tracking and releasing the bond to the contractor As deemed appropriate and as applicable by both Parties, the City shall accept any warranties, including manufacturer's warranty, related to the Waterline Project as provided by the contractor 9 The County shall reimburse the City all unused pre -paid funds for the Waterline Project within ninety (90) calendar days from the effective date of the Notice of Completion for the Waterline Project filed with the change County Recorder's Office 10 The Parties agree to pay a pro-rata share of the cost for eelgrass mitigation and monitoring or alternate approaches to eelgrass mitigation for eelgrass impacted by each Party's individual project Eaeri Party is financially responsible to pay for their fair share of costs for the mitigation measures identified in the eelgrass mitigation plan approved by the California Coastal Commission and referenced in the approved Coastal Development Permit (CDP) issued under one permit for both projects. Each Party is also financially responsible to pay a pro-rata share of the cost for eelgrass mitigation requ€rementslconditions specified in the approved CDP, U S Army Corps of Engineer permit, and California Regional Water Quality Control Board 401 permit 11. indemnification A County Neither City nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by County under or in connection with any work or 154567/121550 v activity under this Agreement It is understood and agreed that, pursuant to Government Code Section 805 4, County shall fully indemnify and hold City harmless from any liability imposed injury (as defined by Government Code Section 810 8) occurring by reason of anything done or omitted io be done by County under or in connection with any work or activity under this Agreement B City Neither County nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work or activity under this Agreement It is understood and agreed that, pursuant to Govemment Code Section 895 4, City shall fully indemnify and hold County harmless from any liability imposed injury (as defined by Government Code Section 810 8) occurring by reason of anything done or omitted to be done by City under or in connection with any work or activity under this Agreement 12 Governing Lave The City and County understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the Parties to this Agreement and also govern the interpretation of this Agreement In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Grange County, California, and the Parties hereto agree to and to hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394 Furthermore, the Parties specifically agree to waive any and all rights to request that an action be transferred for trial to another County 13 Assignment. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties No assignment of County's interest in this Agreement shall be made without the written consent of the City Furthermore County agrees that any City funds received under this Agreement shall not be expended on, givers to, shared with, or otherwise provided to any other city, local agency or other entity not contemplated under this Agreement 14 Amendments This Agreement is the sole and only Agreement between the Parties regarding the subject matter hereof, and other agreements on this subject matter either oral or written are void Any amendments to this Agreement shall be in writing and shall be properly executed by both Parties and approved as to form by County's County Counsel and City's City Attorney 15-4567/121550 15 Integration This Agreement constitutes the entire agreement of the Parties No other agreement, oral or written, pertaining to the worm to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both Parties 16 Severability. If any part of this Agreement is held, determined or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible 17 Termination This Agreement shall terminate under the following circumstances (a) The County determines it will withdraw from the Project during the bidding process or (b) The County determines it will not proceed to award a contract after bids are received, or (c) The Project is completed and a IOC is filed Either Party may terminate this Agreement under the following circumstances (a) Material breach is committed by the other Party and has not been cured within a reasonable amount of time after a "Notice of Termination" is given to the other Party or mutually agreed upon plan for curing the breach is not entered into by both Parties A Party alleging breach by the other Party must provide written notice of the breach in a "Notice of Termination' which shall be effective the date that the Notice is received The Notice shall cleariv state the reason for the termination, explain the material breach that is alleged, and the date upon which the termination is effective If this Agreement is terminated for material breach, the City shall reimburse the County within thirty (30) calendar days of termination for all applicable costs incurred by the County on the City s behalf under this Agreement and the County shall reimburse the City all used pre -paid funds per the terms and conditions specified in this Agreement 16 Breach The failure of the County or City to comply with any of the terms and conditions of this Agreement shall be a material breach of this Agreement 5 15-4567/121550 19 Binding Obligation The Parties to this Agreement represent and warrant that this Agreement has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity enforceable in accordance with its terms 20.Attomeys' Fees In any action or proceeding to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense each Party shall bear its own attorney's fees, costs and expenses 21 Reserved. 22 Counterparts This Agreement may be executed in two or more counterpart, each of which shall be deemed an original but all of which together shall constitute one and the same instrument 23 notices Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally or by first class mail postage prepaid, to each Party at the address listed below Either Party may change the notice address by notifying the other Party in writing notices may be sent by either facsimile or U S Mail notices shall be deemed received upon receipt of same or within 3 days of deposit in the U S Mail, whichever is earlier notices sent by facsimile shall be deemed received on the date of the facsimile transmission To County County of Orange OC Parks 13042 Old Myford Road Irvine, CA 92602-2304 Attn Director OC Parks Fax (714) 667-6511 To City City of Huntington Beach 2000 Main Street P.O Box 190 Huntington Beach, CA 92643 Attn Director of Public Works Fax. (714) 3 7 4-1573 24 Attachments This Agreement includes the following which are attached hereto and made a part hereof I Exhibit A — Sunset/Huntington Harbour Dredging Areas 11 Exhibit B — Huntington Harbour Waterline Project Area 6 15-4567/121550 IN WITNESS WHEREOF, the Fames have executed triis Agreement by and through their authorized officers, as o' the dazes written below Nifej City of Huntington Beach, a California municipal corporation APPROVED AS 3a FORM IN[TiATED AND APPROVED Der r C, O-K�-�c vvom� 154567/121550 KUK2� County of Orange, a political subdivision of the State of California Date - Chair, Board of Supervisors Signed and certified that a copy of this Document has been delivered to the Chair of the Board per G.C. Sec. 25103, Resolution 79-1535 Attest. Clerk of Board of Super -visors Orange Counsel Orange County. California Date 0 EXHIBIT A SUNSET/HUNTINGTON HARBOUR DREDGING AREAS heri, b � �' fib• -��t,M '� � U� a� �°" (pR & - � `� g,:.. �� Legend County Dredging Area s.......; City Dredging Area oar t� J k ryg .rgC�G ;. REFER TO APPROVED COUNTY SUNSET/HUNTING TON HARBOUR MAINTENANCE DREDGING AND WATERLINE PLANS FOR DREDGING LIMITS COUNTY DREDGING AREAS EXHIBIT B HUNTINGTON HARBOUR WATERLINE PROJECT AREA G VICINITY MAP STATE ROPERTY iYP ON LA E PROPOSED HUNTI7LIMITS. GENERAL HARBOUR WATER Rl q� LANF DREDGE AREA* 4 R FER APPROVED COUNTY SUN TMUNTINGTON HA MA TENA CE DREDGING AND WATER INE PLANS FOR D CITY PROJECT AREA Esparza, Patty From Sent. To Cc: Subject: Hi Duncan, Here is your reminder Thanks, Susan Brodeur, Susan [Susan Brodeur@ocparks com] Tuesday, August 04, 2015 11 27 AM Lee, Duncan Esparza, Patty, Ferrigno, Andrew RE Sunset/Huntington Harbour is the plan still on track for delivery of signed agreement today? From: Lee, Duncan [mailto•DLee@surfcity-hb org] Sent: Monday, July 27, 2015 2.27 PM To: Brodeur, Susan Cc: Esparza, Patty, Ferrigno, Andrew Subject: RE Sunset/Huntington Harbour So 4 pm would be o k for you? We aim to please, even more so when you're helping us with our project Thanks[ Duncan Lee, P E , Principal Civil Engineer Public Works Department 2000 Main Street Huntington Beach, California 92648 Office (714) 375-5118 / Fax _(7_t4)_37_4-1573 / Email dlee surfc►ty-hb org From: Brodeur, Susan [mailto Susan Brodeur@ocparks com] Set IVlon ay, July 27, 2015 2 22 To: Lee, Duncan Cc: Esparza, Patty, Ferrigno, Andrew Subject: RE Sunset/Huntington Harbour Wow —what service) If it is dropped off on Tuesday to my attention, that would be perfect Thanks, Susan From: Lee, Duncan [madto•DLeeCcbsurfcity-hb.org] Sent: Monday, July 27, 2015 2.00 PM To: Brodeur, Susan Cc: Esparza, Patty, Ferrigno, Andrew Subject: RE. Sunset/Huntington Harbour Hello Susan I am finalizing our end to have 3 signed sets of the agreement Patty from our end knows to have it ready early for me the next day after Council approval, which is 8/4/15 I will either personally drop it off or have one of my staff drop it off on his way home If I have someone drop it off at 4 pm Tuesday, 8/4/2015, and have it under your attention, would that work? If the three signed originals need to go to someone else, please let me know so that I can do that Thanks Duncan Lee, P E , Principal Civil Engineer Public Works Department 1 2000 Main Street Huntington Beach, California 92648 Office (714) 375-5118 / Fax (714) 374-1573 / Email dlee _surfcity-hb org From: Brodeur, Susan [mailto Susan Brodeur@ocparks com] Sent: Thursday, July 23, 2015 5 46 PM To: Lee, Duncan Cc: Esparza, Patty, Ferrigno, Andrew Subject: Re Sunset/Huntington Harbour Yep, Duncan I have full confidence in you Thanks for taking care of these requests On Jul 23, 2015, at 5 20 PM, "Lee, Duncan" <DLeeAsurfcity-hb org> wrote Ok Susan Glad you told me Will be a challenge but you know me It will be done Patty, I have one set with you so far I will need to make two more duplicate packages with our City Attorney signatures early next week for you This is the 8-3-15 RCA, cooperative agreement for Huntington Harbour Waterline Thanks Thanks Susan) Duncan Lee, P E , Principal Cavil Engineer Public Works Department 2000 Main Street Huntington Beach, California 92648 Office (714) 375-5118 /Fax (714) 3 74-15 73 /Email dlee(djrfcity-hb org On Jul 23, 2015, at 3 49 PM, Brodeur, Susan <Susan Brodeurkocparks com> wrote Hi Duncan, I just found out we will need 3 original signatures to take to our Board I will remind you again on August 3 to get the documents from you but can you make sure there are 3 9 Thanks, Susan On Jul 16, 2015, at 3 56 PM, Lee, Duncan <DLee &surfcit�g> wrote Hello Susan, I already draft up our City Council agenda to get the agreement signed on our end for the 8/3/2015 City Council Meeting Please make a note of this and call me to remind me (in case I don't contact You first) to get the signed agreement to you ASAP after Council approval I need two specific information from you The first one is regarding the signed Cooperative Agreement, as to where to send it to and who to send it to? Should that be sent to you, if so, please give me the mailing address