HomeMy WebLinkAboutOCFCD - Orange County Flood Control District - 2013-07-157 T X,4�, 61<1,lu-3d ,ztJ
Dept. ID PW 13-035 Page 1 of 1
Meeting Date: 7/15/2013
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CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL. ACTION
MEETING DATE: 7/15/2013
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 Agreement No. D12-055 with the Orange
County Flood Control District (OCFCD) for Improvements to the District's
Newland Channel
Statement of Issue: An Agreement with the Orange County Flood Control District (OCFCD) is
required to delineate responsibilities in regards to the City's sewer line, which is within the OCFCD
project area to improve their Newland Channel. The Agreement requires the City reimburse the
OCFCD for protection of the City's sewer line, which is located within their right-of-way under
permit.
Financial Impact: The Agreement stipulates reimbursement for actual cost which is estimated to
be less than $25,000. Funds are available in the Sewer Service Fund, 51185201.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute "Agreement No. D12-055" with the
Orange County Flood Control District.
Alternative Action(s): Do not approve the agreement and provide alternative action.
Analysis: The Orange County Flood Control District (OCFCD) is planning improvements to their
Newland Channel, which is partially located within the City of Huntington Beach, near Newland
Street and the 1-405. The improvements to the channel include increasing capacity of the existing
earthen, trapezoidal channel with construction of a new concrete rectangular channel. The City,
through permit with the OCFCD, owns and maintains a sewer line that is within the project area and
OCFCD right-of-way. The Agreement outlines responsibilities for protection of the City's sewer line.
Since the City's sewer line is within the OCFCD right-of-way by permit, the City is responsible to
incur any costs associated with elevated measures to protect the sewer line.
Environmental Status: Not applicable for this action.
Public Works Commission Action: Not applicable.
Strategic Plan Goal:
Improve the City's infrastructure
Attachment(s):
"Agreement No. D12-055"
Item 6. - 1 HB -58-
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Agreement No. D12-05
A G R E E M E N T
This AGREEMENT, hereinafter referred to as "AGREEMENT", for the purposes of
identification hereby numbered D12-055 and dated this Z g'�^ day of ),N4V AN,
20114 , is
BY AND AMONGST
ORANGE COUNTY FLOOD CONTROL DTSTRTCT,
A body corporate and politic,
hereinafter referred to as "DISTRICT"
AND
CITY OF HUNTINGTON BEACH,
A municipal corporation in the State of
California,
hereinaf_er.referred to as "CITY"
Which are sometimes individually referred to as "PARTY" or collectively as "PARTIES".
R E C I T A L S
WHEREAS, DISTRICT intends to construe the Newland Storm Channel (Facility No.
C05S01) Improvement Project, which will improve the channel beginning at Station 0+00
(confluence with East Garden Grove - Wintersburg Channel, DISTRICT Facility No. C05)
and terminating at Station 61+40 (south of Whitley Avenue), hereinafter referred to as
"PROJECT";
WHEREAS, CITY owns, operates, and maintains a twelve -inch, vitrified clay pipe
(VCP) sewer lined with a cured -in -place pipe and contained within a concrete
encasement located at Station 7+95 that crosses beneath PROJECT, hereinafter referred
to as "SEWERLINE", installed within DISTRICT right-of-way by way of a County Property
Permit (CPP), encroachment permit numbered 75-00222;
WHEREAS, DISTRICT's engineering analyses determined that protecting interfering
portions of the SEWERLINE in place during PROJECT construction is not feasible and
that the PROJECT construction acLiviLies could resulL in damage and/or catastrophic
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Agreenent No. D12-05!
failure of SEWERLINE during construction. Therefore, the PARTIES agree that the
safest course of action is for DISTRICT's contractor, hereinafter referred to as
"CONTRACTOR", to remove interfering portions of SEWERLINE concrete encasement without
service interruptions during PROJECT construction;
WHEREAS, in accordance with CPP No. 75-00222, CITY is obligated to relocate
reconstruct, or Modify SEWERLINE upon DISTRICT's request, when necessary for the
construction, reconstruction, improvement or alteration of D1STR1CT's works; CITY
desires DISTR-CT to include in its PROJECT construction contract the necessary
modifications and protections to the CITY's SEWERLINE and that it remain in service
durinc duration of PROJECT; and the PARTIES agree to the modification, to consist of
removing the interfering portion of the concrete encasement, and pro ection of the
SEWERLINE, hereinafter referred to as "SEWER MODIFICATION", in accordance with the
terms and conditions set forth in this AGREEMENT.
WHEREAS, DISTRICT'S bid package shall advertise PROJECT with SEWER MODIFICATION
to include: closed circuit television (CCTV) inspection prior to CONTRACTOR beginning
concrete encasement removals, removal of interfering portion of the concrete
encasement, CCTV inspection post concrete encasement removals.
NOW, THEREFORE, IT IS AGREED by and between the PARTIES hereto as follows:
1. RECITALS
The recitals set forth above are incorporated by this reference.
2. PURPOSE
The purpose of the AGREEMENT is to establish the terms and conditions, rights
and responsibilities of the PARTIES, and funding requirements for the SEWER
MODIFICATION.
3. PROJECT COORDINATION
a. Director of OC Public Works or an authorized designee, hereinafter referred
to as "DIRECTOR", sha-1 be DISTRICT'S representative in all matters
Page 2 of 15
Agreement No. D12-055
1 pertaining to this AGREEMENT.
2 b. The Director of Public Works of City of Huntington Beach, or an autzcrized
3 desicnee, hereinafter referred to as "DPW", shall be CITY's representative in
4 all matters pertaining to this AGREEMENT.
5 4. PERIOD OF PERFOPI—SWCE
6 a. The term of this AGREEMENT shall commence upon its execution by the
7 DISTRICT's Board of Supervisors wh_ch shall occur after execution of this
8 AGREEMENT by CITY.
9 b. The AGREEMENT shall remain in effect until ninety (90) days after CITY's
10 final payment of costs as described under Section 6.2 of this AGREEMENT.
11 Early termination of this AGREEMENT shall occur cnly at the discretion of the
12 DISTRICT and pursuan= tc the requirements set forth in Sections 14 and 15 of
13 this AGREEMENT.
14 5. RESPONSIBILITY OF DISTRICT
15 DISTRICT agrees to the following responsibilities:
16 1. Construction of the PROJECT
17 a. DISTRICT shall include the design and cor_s=ruction of the SEWER
18 MODIFICATION as part of the PROJECT and shall include the SEWER
19 MODIFICATION in the PROJECT plans and special provisions in accordance
20 with the performance specifications, standard plans, and details provided
21 by CITY.
22 b. Prior to PROJECT advertisement, DISTRICT shall submit the final PROJECT
23 plans and special provisions for SEWER MODIFICATION to CITY for approval.
24 CITY will provide prompt review as outlined within Section 6 of Chis
25 AGREEMENT. If CITY provides timely comments on or requested revisions to
26 any plans or special provisions relevant to SEWER MODIFICATION, DISTRICT
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Agreement No. D12-05'
shall revise such plans and special provisions and resubmit them to CITY
for its review and acceptance. DISTRICT shall not be held liable for any
errors or mistakes in CITY's performance specifications and standard plans
or in CONTRACTOR'S subsequent revised design submittals for SEWER
MODIFICATION, if any, which shall be reviewed and approved by CITY.
c. DISTRICT shall prepare the bid package for the PROJECT, including the
SEWER MODIFICATION, and shall advertise and award a construction contract
for PROJECT.
d. After PROJECT award, DISTRICT shall provide construction contract
documents to CITY, which shall include the name of the CONTRACTOR and a
list of all its sub -contractors, if any, who will accomplish the SEWER
MODIFICATION.
e. In addition to DISTRICT's responsibility to award PROJECT to CONTRACTOR
for the PROJECT and SEWER MODIFICATION, DISTRICT shall also be responsible
for overseeing al- construction administration, inspection, and materials
testing for PROJECT and SEWER MODIFICATION work.
f. DISTRICT shall direct its CONTRACTOR to provide all relevant SEWER
MODIFICATION related design or construct -on submittals for CITY's review
and written approval for consistency with CITY'S performance
specifications and standard plans.
g. DISTRICT sha-1 furnish a representative to perform the usual functions of
a Resident Engineer, hereinafter referred to as "RESIDENT ENGINEER", who
shall be responsible for monitoring and inspecting the CONTRACTOR'S
performance. The RESIDENT ENGINEER shall be required to provide written
notice seventy-two (72) hours in advance to DPW or designee of when SEWER
MODIFICATION work within PROJECT area and connections to existing
facilities are scheduled. To insure standard of care by the.CONTRACTOR,
Page 4 of 15
Agreement No. D12-055
1 the sewer modification shall take place in the presence of a City
2 representative.
3 h. DISTRICT shall include a bid line item; or include as part of the lump sum
4 bid, for the SEWER MODIFICATION as depicted on the construction plans.
5 i. DISTRICT shall, in the event of damage to City sewer pipe during
6 CONTRACTOR's performance of SEWER MODIFICATION, request a Construction
7 Change Order ("CCO") as required for re-noval and replacement of sewer
8 line, in place, after review and written approval of or comments on
9 proposed CCOs in accordance with Section 6, below, and CITY agrees to
10 expedite CCO reviews to reduce DISTRICTS's exposure to possible delay
11 claims by CONTRACTOR.
12 j. DISTRICT shall require and ensure that its CONTRACTOR name CITY as an
13 additional insured and that the CONTRACTOR's indemnity, defense, hold
14 harmless, and insurance obligations under the PROJECT construction
15 contract benefit CITY in the same manner and to the same extend as the
16 DISTRICT with respect to those portions of the PROJECT related to or
17 affecting the SEWER MODIFICATION, DISTRICT's PROJECT, and/or work within
18 the City of Huntington Beach.
19 k. Prior to Acceptance of Contract Recordation for PROJECT improvements by
20 DISTRICT, DISTRICT shall obtain CITY's written approval of the SEWER
21 MODIFICATION work, which shall no:: be unreasonably withheld.
22 2. Permits and CEQA Docaments
23 DISTRICT shall be the Lead Agency under California Environmental Quality Act
24 of 1970 (CEQA) as amended for PROJECT construction within CITY, and shall
25 process all environmental documents and shall obtain all regulatory permits
26 needed for. PROJECT.
3. Funding of Construction
Page 5 of 15
Agreement No. D12-05'
1 Upon award of PROJECT to CONTRACTOR by DISTRICT and issuance of Notice tc
2 Proceed (NTP), DISTRICT shall invoice CITY for one hundred percent (100%) of
3 the CONTRACTOR'S Bid for costs of SEWER MODIFICATION or an amount not to
4 exceed twenty-five thousand dollars ($25,000), whichever is less.
5 6. RESPONSIBILITY OF CITY
6 CITY agrees to the following responsibilities:
7 1. Construct -on of the PROJECT
8 a. CITY shall provide performance specifications, details, and pre and post
9 modification inspection requirements of SEWER MODIFICATION to DISTRICT for
10 inclusion in PROJECT plans and special provisions within thirty (30)
11 calendar days following execution of this AGREEMENT by DISTRICT. Prior to
12 D=STRICT advertising PROJECT for bid, CITY shall promptly review and
13 provide approval, comments, and/or requested revisions to any plans and
14 special provisions for the SEWER MODIFICATION submi=ted by DISTRICT within
15 fifLeen (15) calendar days of receiving said plans and special provisions
16 from DISTRICT. Should CITY fail to provide timely comments on, requested
17 revisions to, and/or approval of any plans or special provisions submitted
18 by DISTRICT in accordance with this time period, DISTRICT may make a
19 written demand to CITY for a response. If CITY thereafter fails Lo
20 provide comments on, requested revisions to, and/or approval of such.plans
21 or special provisions within three (3) business days of receipt of such
22 demand, such plans or special provisions shall be deemed approved by CITY.
23 b. CITY shall, at CITY'S option and expense, furnish a representative to
24 over -see construction for SEWER MODIFICATION, hereinafter referred to as,
25 "CITY INSPECTOR." The CITY INSPECTOR shall be responsible for
26 verification that SEWER MODIFICATION -is being accomplished in accordance
with CITY's performance specifications, and CITY approved CONTRAC^OR
Page 6 of 15
Agreement No. D12-055
1 submittal(s). CITY INSPECTOR shall advise RESIDENT ENGINEER during
2 construction activity for SEWER MODIFICATION, but shall not be allowed to
3 address or direct the actions of CONTRACTOR. Only the RESIDENT ENGINEER
4 shall direct the actions of the CONTRACTOR. RESIDENT ENGINEER and CITY
5 INSPECTOR shall cooperate and consult with each other on all matters
6 directly related to SEWER MODIFICATION. Should RESIDENT ENGINEER and CITY
7 INSPECTOR be unable to reach agreement on an issue, the decision of
8 RESIDENT ENGINEER shall be final, provided that the SEWER MODIFICATION is
9 consLrucLed in accordance with the CITY's performance specifications,
10 standard plans and CITY approved CONTRACTOR submittal(s) and CCOs.
11 c. CITY shall review SEWER MODIFICATION related CCOs, requests for
12 information (RFIs), and construction submittals and provide either written
13 approval of or comments on such proposed CCOs, RFIs, or submittals within
14 fifteen (15) calendar days of rece-_pt from DISTRICT; CITY approval shall
15 not be unreasonably withheld. If CITY fails to provide ei=her timely
16 comments on or approval of any CCO or RFI to DISTRICT within fifteen (15)
17 calendar days, CITY agrees to compensate DISTRICT for any delay claims
18 that may be made upon DISTRICT by CONTRACTOR as a result of CITY's
19 withholding of a written response. CITY shall not be liab'e for such delay
20 claims where it has timely provided comments and does not unreasonably
21 withheld approval.
22 d. CITY shall be responsible for all costs and for signinc/approving all
23 necessary documents (if any) related to disposal of all hazardous
24 materials associated with SEWER MODIFICATION. CI77Y shall be responsible
25 for obtaining any permits necessary for the disposal of such materials, ii
26 necessary.
2. Funding of the PROJECT
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Agreenent No. D12-05`
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a. CITY shall be responsible (i) for all direct and indirect costs incurred
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by CITY associated with SEWER MODIFICATION including, but not limited to,
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all costs incurred by CITY for preparation of CITY's performance
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standards, standard plans, and details, and costs associated with CITY's
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review and approval of contractor submittals, including CCOs and RFIs; and
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(ii) for all additional direct CCO-related costs as described in Paragraph
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c below for the SEWER MODIFICATION portion of PROJECT.
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b. After award of construction contract for PROJECT, and upon receipt of
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invoice from DISTRICT, as described in Item 5.3 above, CITY shall deposit
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with DISTRICT one -hundred percent (100%) of CONTRACTOR's bid amount for
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the SEWER MODIF=CATION or an amount not to exceed twenty-five thousand
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dollars ($25,000) within thirty (30) calendar days.
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c. CITY shall be solely responsible for all additional costs for SEWER
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MODIFICATIONS work resulting from CCOs and RFIs approved by CITY; to the
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extent such additional costs are directly and proportionately attributable
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to SEWER MODIFICATION.
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d. Upon completion of SEWER MODIFICATION, DISTRICT will provide CITY with a
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final accounting report and invoice for the SEWER MODIFICATION. The finale
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accounting report and invoice shall include all of the followinc:
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(i) The actual sum of the item prices bid by CONTRACTOR for the
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construction of the SEWER MODIFICATION.
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(H) Additional costs for SEWER MODIFICATION work resulting from CCOs
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approved by CITY and not already paid by CITY, if any.
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(iii) An additional ten percent (10%)of the sum determined by the
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summation of (i) and (ii) above to reimburse DISTRICT for costs
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incurred for construction administration, materials testing, bonds,
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Agreement No. D12-055
1 insurance, scheduling, and other mobilization costs related to SEWER
2 MODIFICATION.
3 CITY shall pay to DISTRICT the amount of such additional costs within
4 thirty (30) calendar days of receipt of a written request/invoice for such
5 payment from DISTRICT..
6 3. Ownership and Maintenance of SEWERLINE
7 CITY warrants that i-� owns the SEWERLINE, and as owner, it is solely
8 responsible for the cost and expense for the continued operation,
9 maintenance, repair, relocation, and/or replacement of SEWERLINE and
10 liability associated therewith.
11 4. Encroachment Permits
12 a. Prior to commencement of SEWER MODIFICATION, CITY shall specifically apply
13 for, secure, and accept a no -fee CPP Encroachment Permit for installation
14 of the CITY facilities within DISTRICT's right-of-way, upon terms and
15 conditions substantially similar to the existing CPP Encroachment Permit
16 numbered 75-00222. Upon completion and acceptance of SEWER MODIFICATION
17 within PROJECT, CITY shall be responsible for compliance with the terms
18 and conditions set forth in said CPP Encroachment Permit. No encroachment
19 permit fees shall be assessed against CITY for administration or
20 processing of documents for acquisition of CPP encroachment.
21 7. INDEPENDENT CONTRACTOR STATUS
22 This AGREEMENT is by and among the PARTIES and is not intended and shall not be
23 construed so as to create, the relationship of agent, servant, employee,
24 partnership, joint venture or association among DISTRICT and CITY.
25 8. AUTHORITY
26 The PARTIES to this AGREEMENT represent and warrant that this AGREEMENT has beer
duly authorized and executed and constitutes the legally binding obligation of
Page 9 of 15
Agreement No. D12-05`
1 their respective organization or entity enforceable in accordance with its
2 terms.
3 9. NOTICES
4 a. Notices or other communications which may be required or provided under the
5 terms of this AGREEMENT shall be given as follows:
6
DISTRICT:
7 Octavio Rivas P.E., Engineering Manager, OC Construction
8 County of Orange/OC Public Works
1152 E. Fruit Street, Bldg. 4
9 Santa Ana, CA 92701
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CITY: M. Todd Broussard P.E., Principal Civil Engineer
11 CiCy of Huntington Beach
12 2000 Main Street
Huntington Beach, CA 92648
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14 b. All notices shall be in writing and deemed effective when delivered in
15 person, on the day of delivery, on the business day following deposit of
16 notice with an overnight delivery service such as Federal Express, or on the
17 fifth business day after deposit in the United States mail, first class,
18 postage prepaid and addressed as above. Any notices, correspondence,
19 reports, and/or statements authorized or required by this AGREEMENT,
20 addressed in any other fashion shall be deemed not given.
21 c. Each PARTY hereto may change its address to which notices are to be sent by
22 giving notice of such change to the other PARTY.
23 10. INDEMNIFICATION
24 CITY does hereby agree to indemnify, defend (with counsel approved in writing
25 by DISTRICT), and hold harmless DISTRICT and the County of Orange ("COUNTY"),
26 and the DISTRICT/COUNTY INDEMNITEES (as defined in subsection 10.b below) and
each of them, and its property from loss, injury, liability, damages, claims,
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Agreement No. D12-05
costs and expenses, whether incurred by or made against DTSTRTCT, COUNTY or any
DISTRICT/COUNTY INDEMNITEE (including reasonable attorneys' fees and court
costs) arising out of (i) breach of this AGREEMENT by CITY, and/or its officers,
employees, agents directors representatives, contractor(s),
developer(s), successor(s) cr assign(s) (the "CITY INDEMNITEES"), (ii) the
willful misconduct or negligent acts or omissions of CITY and/or the CITY
INDEMNITEES in connection with this AGREEMENT, or (iii) injury to or death of
any person (either workmen, employees of CITY or its contractor(s),
subcontractor (s), successor(s) or assigns(s) or the public) resulCing from eit
the performance of the construction of the SEWER MCDIFICATION.or CITY's
activities and responsibilities under this AGREEMENT or (iv) damage to adjoining
cr other property by the performance of he construction of the SEWER
MODIFICATION; or (v) any construction delay.due to CITY's funding or lack of
funding for SEWER MODIFICATION or design of SEWER MODIFICATION;
failure to provide necessary right-of-way or permits for SEWER MODIFICATION; or
a breach of any other obligation as provided for in this AGREEMENT; provided,
however, that nothing contained -n this subparagraph sha1= operate to relieve
DISTRICT from any loss, injury, damages, claims, costs or expenses to the extent
determined by a court of competent jurisdiction to have been proximately caused
by the willful misconduc- or negligent acts or omissions of DISTRICT or the
DISTRICT/COUNTY INDEMNITEES. If judgment is entered against CITY and/or
DISTRICT, as applicable, by a court of competent jurisdiction because of the
concurrent active negligence of CITY or CITY INDEMNITEES and/or DISTRICT or
DISTRICT/COUNTY INDEMNITEEES, as applicable, CITY and/or DISTRICT, as
applicable, agree that liability will be apportioned as determined by the court.
Neither party shall request a jury apportionment.
11. Amendments
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Agreement No. D12-0`
This AGREEMENT constitutes the entire agreement between DISTRICT and CITY and
supersedes all prior understandings and agreements, if any, between the parties
with respect to the subjects hereof. It is mutually understood and that no
addition to, alternation of, or variation of the terms of this AGREEMENT, nor any
oral understanding or agreement not incorporated herein, shall be valid unless
made in writing and signed and approved by all necessary PARTIES.
12. Governing Law and Venue
This AGREEMENT has been negotiated and executed in the State of California and
shall be governed by and construed under the laws of the State of California. 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 Orange
County, California, and the PARTIES hereto agree to and do hereby submit to the
jurisdiction of such court, notwithstanding Code of Civil Procedure, Section 394.
13. 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.
14. Termination of Contract for Cause
If CITY breaches any of the covenants or conditions of this AGREEMENT, CITY shall
commence curing such breach within ten (10) days of receipt of written notice
from DISTRICT. Should CITY fail to cure any such breach within a reasonable t_me
after written notice from DISTRICT, DISTRICT shall have the right to terminate
this AGREEMENT upon ten (10) days written notice prior to the effective day of
termination. Notwithstanding the foregoing, EITHER PARTY may not terminate this
AGREEMENT for cause following award of the bid to CONTRACTOR.
15. Termination
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Agreement No. D12-05
a. In the event PROJECT construction (as outlined above), is not initiated
within one year of the execution date of this AGREEMENT, this AGREEMENT will
automatically terminate unless extended in writing by mutual agreement of the
PARTIES.
b. In the event that DISTRICT is unable to proceed with PROJECT in accordance
with terms and without cause, DISTRICT_ may terminate this AGREEMENT upon
delivery of thirty (30) days written notice to CITY.
c. Notice of Termination shall be in writing and shall state the date upon which
such is effective. Notice shall be served as provided in Paragraph 9 above.
16. Waiver of Rights
The failure of the CITY or DISTRICT to insist upon strict performance of any of
the covenants or conditions of this AGREEMENT shall not be deemed a waiver of
any right or remedy that the CITY or DISTRICT may have, and sha_1 not be deemed
a waiver of the right to require strict performance of all the terms, covenants
and conditions of this AGREEMENT thereafter, nor a waiver of any remedy for the
subsequent breach or default of any term, covenant or condition of this
AGREEMENT.
17. Attorney Fees/Costs
Should litigation be necessary to enforce any terms, covenants or provisions of
this AGREEMENT then eac_z PARTY shall bear its own litigation and collection
expenses, witness fees, court costs and attorneys fees.
Page 13 of 15
Agreement No. D12-05`
1
IN WITNESS WHEREOF, the
parties hereto have executed this Agreement in counterparts on
2
the dates opposite their
respective
signatures and each such counterpart shall be
3
deemed an original:
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City of Huntington Beach, California,
A municipal corporation on the State of California
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r
By �*YY�
Connie Boardman, Mayor
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Attest:
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Date: b
7"� .% �..
Joan Flynn, City Clerk
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APPROVED AS TO FORM
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Date:
11
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6enfifer +crSth,
City
t o r n e y
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co
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Agreement No. D12-05E
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Date
1-2V-)4
Date: ('Z$'IY
APPROVED AS TO FORM
Office of the County Counsel
Orange County, California
Date: !
By
Deptr
Orange County Flood Control District,
A body corporate and politic
By
Chairman e Board of Supervisors
Or nge County, CA
Signed and certified that a copy of thiE
document has been delivered to the Chair of
the Board per G.C. Sec 25103, Reso 79-1535
Attest:
Susan Novak
Clerk of the Board of Supe visors
County of Orange, California
Page 15 of 15
�`;f�eOt�Qlr�
OUCPublileWorks C_l
M.Integrity, Accountability, Service, Trust
Shane L. 2p\
c ,
Sillsby, Director
February 4, 2014
Mr. Tom Herbel, P.E.
City Engineer
City of Huntington Beach
Public Works Department
2000 Main Street
Huntington Beach, CA 92648
Re: Executed Agreement No. D12-055 — Newland Storm Channel Improvements
Dear Tom:
Enclosed for recordation with the City of Huntington Beach is one original for the following agreement
between the City of Westminster and the Orange County Flood Control District:
• Agreement No. D12-055: Cooperative Agreement for modification of the City of Huntington
Beach sewerline crossing beneath Newland Storm Channel south of Edinger Avenue.
Thank you for all of your assistance in getting the project to move forward. We look forward to our
continued partnership in improving the quality of life for Orange County residents. Please feel free to
contact me with any questions you may have regarding the project.
1
Robldrt C. McLean, P.E.
Civit Engineer
OC Public Works — Flood Control Design
Tel. 714-647-3951
robert.mcleanCa@ocpw.ocgov.com
300 N. Flower Street, Santa Ana, CA 92703
www.ocpubljcworks.com
P.O. Box 4048, Santa Ana, CA 92702-4048
714.667.8800 1 Info@OCPW.00gov.com
City of Huntington Beach
2000 Main Street ® Huntington Beach, CA 92648
(714) 536-5227 ® www.huntingtonbeachea.gov
Office of the City Clerk
Joan L. Flynn, City Clerk
July 18, 2013
Marna Woods
OC Public Works Department/Flood Design
P. O. Box 4048
Santa Ana, CA 92702
Dear Ms. Woods:
Enclosed please five originals entitled "Agreement No. D12-055" for improvements to
the District's Newland Channel.
Upon execution, please return one original to:
Joan L. Flynn
City Clerk
2000 Main Street
Huntington Beach CA 92648
Your attention to this matter is greatly appreciated.
Sincerely,
AnL. Flynn, CIVIC
City Clerk
JF: pe
Enclosure: Agreements
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