HomeMy WebLinkAboutSEACLIFF VILLAGE LLC - 2000-04-17 0 , CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: 05-30-00
TO: Seacliff Village, LTA ATTENTION: ie�/U
Name ShP.00 ,-ooe4,*es
,Z(o O L DEPARTMENT:
Street
'411� 'd REGARDING: p�m� 5c�i�rt iP�tz
City,State,Zip pp
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See Attached Action Agenda Item Date of Approval 41_y7-,e
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement v,1 Bonds Insurance
RCA Deed Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Risk Management Dept. Insurance
G:Followup/Letters/coverltr
(Telephone:7]4536-5227
REIMBURSEMENT AGREEMENT FOR
WATER PIPELINE CONSTRUCTION BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SEACLIFF VILLAGE, LLC, A DELAWARE
LIMITED LIABILITY COMPANY
THIS AGREEMENT is made and entered into on this 17th day of
_April : , 2000 by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California, hereinafter referred to as "CITY", and
SEACLIFF VILLAGE, LLC, a Delaware limited liability company, hereinafter referred to
as "DEVELOPER."
WHEREAS, DEVELOPER will at its own cost and expense install and/or remove
ancillary piping in the intersection and construction and alignment of approximately 165
lineal feet of 12-inch pipeline and appurtenances, hereinafter referred to as "FACILITIES",
for the extension, replacement or expansion of the transmission or distribution system of
the existing public utility pursuant to City Charter section 614; and
FACILITIES will be constructed in conformance with plans and specifications
approved by CITY'S Director of Public Works and will be duly dedicated to CITY, and
will consist of 165 lineal feet of 12-inch pipeline, and appurtenances.
NOW, THEREFORE, in consideration of the covenants and agreements herein
contained, the parties hereto agree as follows:
1. CONSTRUCTION
DEVELOPER will construct FACILITIES at a total actual cost of
construction not to exceed One Hundred Three Thousand Three Hundred Fifty Seven
Dollars ($103,357.00).
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2. DEDICATION
DEVELOPER will dedicate FACILITIES to CITY upon completion. CITY
will accept such dedication upon completion if said facilities are constructed pursuant to
approved construction documents to the satisfaction of the Director of Public Works or his
designee.
3. REIMBURSEMENT
The total reimbursement to be paid DEVELOPER for the FACILITIES is
the actual cost of construction not to exceed One Hundred Three Thousand Three Hundred
Fifty Seven Dollars ($103,357.00).
Said reimbursement shall be made by CITY to DEVELOPER upon
certification of CITY'S Director of Public Works to its Finance Director that
DEVELOPER is entitled to reimbursement by reason of acceptance of the facilities and
dedication of FACILITIES to the CITY but in any event within 30 (thirty) days of
DEVELOPER's dedication of the FACILITIES.
4. ATTORNEY'S FEES
In the event suit is brought to enforce the terms and provisions of this
Agreement, each party shall bear its own attorney's fees; the prevailing party shall not be
entitled to recover its attorney's fees.
REST OF PAGE NOT USED
2
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5. ENTIRETY
This writing contains the entire Agreement between the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers the day, month and year first above
written.
SEACLIFF VILLAGE, LLC., a Delaware CITY OF HUNTINGTON BEACH, A
limited liability company municipal corporation of the State of
California
By: Shea Homes Limited Partnership, a
California limited partnership, member
By: J. F. Shea Co m any, Inc., a Nevada Mayor
corporatio , ' s gem?-al
ral partner
ATTEST:
B :
11i m boury; ice Pres . City Clerk
By:
i ard, Secretary APPROVED AS TO FORM:
RE IEW AND APPROVED:
Qa., SY ii/oCity Attorney
City5Kdministrator 4I
ITIAT AND APP ED:
Director of Public Works
3
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a -
CITY OF HUNTINGTON B
MEETING DATE: 4/17/00 DEPARTMENT ID NUMBER: PW 00-016
Council/Agency Meeting Held:
Deferred/Continued to:
XApproved ❑ Conditionally Approved ❑ Denied b . ity k's ignature
Counci Meeting Date: 4/17/00 Department ID ber: PW,00 016
CITY OF HUNTINGTON BEACH =]
REQUEST FOR .ACTION --
.5 ..
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
�1-
SUBMITTED BY: RAY SILVER, City Administrator
4;REPARED BY: ROBERT F. BEARDSLEY, Director of Public Works I
SUBJECT: ADOPT RESOLUTION NO. &W-16AUTHORIZING AN EXCEPTION
TO THE PUBLIC BID PROCESS AND APPROVE REIMBURSEMENT
AGREEMENT WITH SEACLIFF VILLAGE LLC FOR THE
CONSTRUCTION OF WATER PIPELINE REPLACEMENTS IN THE
YORKTOWN AVENUE/GOLDENWEST STREET INTERSECTION
Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should the City execute a Reimbursement Agreement with Seacliff
Village LLC for construction of water pipeline replacements in the Yorktown Avenue/
Goldenwest Street intersection?
Funding Source: Funds are available in the Water Main Replacement Project Account.
Recommended Action: Motion to:
1. Adopt Resolution No. `�O-40 authorizing an exception to the public bid process for the
construction of 165 feet of 12-inch water pipeline pursuant to City Charter Section 614.
2. Approve the attached sample Reimbursement Agreement with Seacliff Village LLC for
the actual costs of construction of water pipeline replacements at the intersection of
Yorktown Avenue and Goldenwest Street; and, authorize the Mayor and City Clerk to
execute the final agreement upon approval as to form by the City Attorney, whose office
may approve non-substantial revisions as may be necessary; and,
3. Authorize the Director of Public Works to expend monies in an amount not to exceed
$103,357, to cover the low bid amount of $93,957, and an estimated change order
contingency of$9,400.
Alternative Action(s): Deny the recommended action and have City staff solicit public bids
for the construction of this project at a later date. This time delay would then necessitate
RCA re Shea GW Pipeline -2- 4/12/00 4:18 PM
� � I
REQUEST FOR ACTION
MEETING DATE: 4/17/00 DEPARTMENT ID NUMBER: PW 00-016
trenching portions of the newly paved Goldenwest Street to effect these pipeline
replacements at a greater expense and additional inconvenience to the residents.
Analysis: Seacliff Village LLC is currently constructing public infrastructure improvements in .
Goldenwest Street as Conditions of Approval for the Seacliff Shopping Center Project. Water
pipeline improvements in this vicinity were not required for this development; however, the
Water Division Maintenance Section had scheduled some unrelated water pipeline
connections to be replaced in the vicinity of Seacliff Village LLC's work. Since this pipeline
replacement work is of no benefit to the Seacliff Village LLC project, the City is willing to
reimburse for all costs of this construction.
Seacliff Village LLC agreed to include this water pipeline construction with the bidding and
construction of their other infrastructure improvements in the vicinity of
GoldenwestNorktown, so that cost savings may be realized by the City. Three qualified
construction bids were received and the contract will be awarded to the lowest bidder. By
having Seacliff Village LLC perform the work at this time, their other construction project will
not be impacted, and the City will not need to trench a newly paved street for water pipeline
maintenance work in the near future.
Public Works Commission Review: Not required. The proposed construction is
considered pipeline maintenance and not a new capital improvement.
Environmental Status: This project is exempt, pursuant to CEQA Section 15302, Class 2.
Attachment(s):
City Clerk's
Page Number No. Description
1. Vicinity Map
2. Sample Reimbursement Agreement
3. Adopt Resolution No. 0-�1) Authorizing an Exception to the Public
Bid Process
RCA Author: Debbie De Bow:jm, Ext. 5528
RCA re Shea GW Pipeline -3- 4/12/00 4:18 PM
ATTACHMENT-
# 1
PROJECT:
GOL DEN WES T AND YORK TO WN PIPELINE REPL A CEMEN T
(BOLSA AVE. uo .
Mc FADDEN AVE.
LINGER AVE. S
Q� HEIL AVE.
VI Z V V
0 Z
\k
J C
c m a °vi WARNER AVE.
c3
�j SLATER AVE.
o 3 405
W r
TALBERT AVE.
v}
ELLIS I AVE.
OARFIE AVE.
. PROJECT AREA YORKT AVE. 3
ADAMS AVE.
ul
O
S INDUWAPOLIS - AVE. I mm -
J
�j Z
ATLANTA AVE.
0
WZi—LION AVE.
YORKTOWN A��,'`k
BANNING AV .
V
VICINITY MAP
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
no ovr�nnmv.e*-rwerrae
ATTACHMENT #2
S/) rn
REIMBURSEMENT AGREEMENT FOR WATER PIPELINE
CONSTRUCTION BETWEEN THE CITY OF HUNTINGTON BEACH
AND l'r-A InFRE"PERTICC % LI "I c^vTF% r-K1r'%w
THIS AGREEMENT is made and entered into on this day of ; 2000
by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of
,:5-lA C.L-/Fr- ✓/LLA-GE LLCM a- �£r�WR2� L LC
California, hereinafter referred to as "CITY", and S�^�RO �IES, a r�llforn�^ �� +Q�ity
pactaars#ip, hereinafter referred to as "DEVELOPER."
WHEREAS, DEVELOPER will at its own cost and expense install and/or remove ancillary
piping in the intersection and construction and alignment of approximately 150 lineal feet of 12-inch
pipeline and appurtenances, hereinafter referred to as "FACILITIES", for the extension,
replacement or expansion of the transmission or distribution system of the existing public utility
pursuant to City Charter section 614; and
FACILITIES will be constructed in conformance with plans and specifications approved.by
CITY'S Director of Public Works and will be duly dedicated to CITY, and will consist of 150 lineal
feet of 12-inch pipeline, and appurtenances.
NOW, THEREFORE, in consideration of the covenants and agreements herein contained,
the parties hereto agree as follows:
1. CONSTRUCTION
DEVELOPER will construct FACILITIES at a total actual cost of construction not to
exceed One Hundred Three Thousand Three Hundred Fifty Seven Dollars ($103,357.00).
2. DEDICATION
DEVELOPER will dedicate FACILITIES to CITY upon completion.4
A-�E/�T sUc.H DED��ar��N uP�,� COrnP�ETioN
3. REIMBURSEMENT
The total reimbursement to be paid DEVELOPER for the FACILITIES is the actual
cost of construction not to exceed One Hundred Three Thousand Three Hundred Fifty Seven
Dollars ($103,357.00).
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Said reimbursement shall be made by CITY to DEVELOPER upon certification of
CITY'S Director of Public Works to its Finance Director that DEVELOPER is entitled to
reimbursement by reason of acceptance of the facilities and dedication of FACILITIES to the CITY.
per;- /%1 �}N y �v�n/? w'Tlrl,� 3o vAys ZDF CW s D !0 J«lri0 u o i-= T14e FAL.61 Timms
4. ATTORNEY'S FEES
In the event suit is brought to enforce the terms and provisions of this Agreement,
each party shall bear its own attorney's fees; the prevailing party shall not be entitled to recover its
attorney's fees.
5. ENTIRETY
This writing contains the entire Agreement between the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers the day, month and year first above written.
i
k
CITY OF HUNTINGTON BEACH, A
paft"ersl419: municipal corporation of the State of i
California
By:
Mayor
By:
ATTEST:
City Clerk
REVIEWED AND APPROVED:
APPROVED AS TO FORM:
City Administrator
pCity Attorney
5�
INITIATED AND APPROVED:
Director of Public Works
2
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ATTACHMENT #3
RESOLUTION NO 2000-40
A RESOLUTION OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING AN EXCEPTION TO THE PUBLIC BID
PROCESS FOR THE CONSTRUCTION OF 165 FEET OF 12-INCH
WATER PIPELINE PURSUANT TO CITY CHARTER SECTION 614
WHEREAS, the City intends to construct 165 feet of 12-inch water _
pipeline in the intersection of Goldenwest Street and Yorktown Avenue; and
The developer of the Seacliff Village Shopping Center Project, Seacliff
Village, LLC, will be excavating and constructing private improvements in the
same area as the City's intended construction; and
The economy of scale justifies that the construction of the 165 feet of 12-
inch water pipeline by Seacliff Village, LLC, and subsequent dedication to the
City will materially decrease the costs of construction, and delay; and
The City Council for the City of Huntington Beach desires to obtain the
best possible cost for the construction of public works projects in the City of
Huntington Beach; and
The City Charter Section 614 authorizes City Council to except from the
public bidding process projects for the extension, replacement or expansion of
the transmission or distribution system of any existing public utility operated by
the City; and
The City Council believes the construction and dedication of the 165 feet
of 12-inch water pipeline by Seacliff Village, LLC, serves the best interest of the
City,
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Mayor is
authorized to execute a Reimbursement Agreement with Seacliff Village, LLC,
for the construction of 165 feet of 12-in water pipeline in an amount not to
exceed $103,357.00.
jmp/00reso/seac I i ff/04/12/00
• • Res . No. 2000-40
IT IS FURTHER RESOLVED that the City Council waives all standard
insurance, indemnification, warranty, and bonding requirements of standard
public works contracts.
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 17th day of
April , 2000.
ATTEST: Mayor
City Clerk APPROVED AS TO FORM:
REVIEWED AND APPROVED: City Attorney altr,�[l�
I N5PATf DlAdp APPROV U �
Cit dministrator
Di or of Public Wor
j mp/00reso/seac 1 i ft%04/12/00
Res. No. 2000-40
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said.
City, do hereby certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing resolution was
passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a regular meeting thereof held on the 17th
day of April, 2000 by the following vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio C erk of the
City Council of the City of
Huntington Beach, California