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HomeMy WebLinkAboutORANGE COUNTY FLOOD CONTROL DISTRICT - 1997-08-18 (6) 08/18/97 - Council/Agency Agenda - Page 6 E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote. E-1. (City Council/Redevelopment Agency) Minutes (120.65) - Approve and adopt minutes of the City Council/Redevelopment Agency regular meeting of July 21, 1997 as written and on file in the Office of the City Clerk. Submitted by the City Clerk [Approved and Adopted 7-0] E-2. (City Council) Community Services Commission Re-Appointments - Jay Kreitz - Carrie Thomas (110.20) - Approve re-appointments of Carrie Thomas and Jay Kreitz to the Community Services Commission for the term July 1, 1997 through June 30, 2001 per the recommendation of commission liaisons Garofalo and Sullivan. Submitted by the Community Services Director [Approved 7-0] E-3. (City Council) Authorize Approval Of Agreement D97-036 With Orange County Flood Control District Relative To Storm Drain - East Garden Grove Wintersburq Flood Control Channel - 1,350 Feet w/o Goldenwest Street (600.25) - 1. Approve the attached Agreement, No. D97-036, between the Orange County Flood Control District and the city, 2. Authorize the Mayor and City Clerk to execute Agreement No. D97-036; 3. Authorize staff to appropriate $50,000 from the unreserved undesignated storm drain fund balance; and 4. Authorize the Public Works Director to expend monies per the terms and conditions of Agreement No. D97-036 for the removal of approximately 190 lineal feet of 48 inch reinforced concrete pipe (RCP) and construction of approximately 190 lineal feet of a 10.5 foot wide by 3 foot high single barrel reinforced concrete box (RCB) under the East Garden Grove Wintersburg Flood Control Channel 1,350 feet west of Goldenwest Street. Submitted by the Public Works Director [Approved 7-0] E-4. (City Council) Bus Stop Accessibility Project - Plans & Specifications - Solicitation Of Bids - Approval Of Sample Construction Contract - CC-1053 (600.70) - 1. Approve the Plans and Specifications for the Bus Stop Accessibility Project, CC-1053; authorize the Public Works Director to solicit bids for construction; pending recommendation by the Public Works Commission; and 2. Approve the attached Sample Construction Contract, subject to award of contract to the lowest responsive/responsible bidder. Submitted by the Public Works Director [Approved 7-0] (6) County of Orange JZ Public Facilities & Resources Department John W. Sibley, Director June 11, 1997 City of Huntington Beach 200 Main Street Huntington Beach, Ca. 92648 Attention: Steve Krieger, Project Manager SUBJECT: Agreement Transmittal D97-036 East Garden drove Wintersburg Channel Phase II Dear Mr. Krieger: Enclosed is the revised non-executed agreement for the improvements associated with the East Garden Grove Wintersburg Channel Project. Please return the agreement to me after your Board executes the two copies. If you find a need for further revisions, please pencil in the proposed revisions and return them to this office for a new original to be created. After your Board executes the two copies, a fully approved agreement will then be prepared and returned to you for your files. Your deposit is due within sixty (60) days of the final execution of this agreement. If you have questions regarding invoicing or payment, Debra Lakin of Accounting Services may be reached at 834-5807. Any further questions may be directed to me at 834-6659. Sincerely, Mary Valleau Utilities Section Enclosure: 2 Original Agreements LOCATION: MAILING ADDRESS: 27�2' 404-6INPORMATION: J00 N. FLOWER ST. P.O. BOX 4049 (714) 834-2300 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY : CITY CLERK CITY CI.E:RK LETI•FR OI`TRANSINUTTAL RFGARDI`G ITE NI APPROVED I3Y THE: CITY COUNCILIREDFVEI.OP!IEN•F AGENCY APPROVED ITEM DATE. _ ,-19p 7_ — TO_ 6ATTENTION N am _.. _ �• DEPARTMENT- Svcct a� _ REGARDItiG7=03 (p City,st�,e.Zip See Attached Action Agenda Item �,� ~ Date of Approval IFIL . 9 7 Enc osed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records_ Connie Brock\cav City. Clerk Attachments- Action Agenda Page ✓ Agreement ✓ Bonds _ — Insurance: RCA Deed Other Remarks CC � Y!/ _. - r:2 Ucpart.^c:a RCA _ tcrccm�l [nsu:.n,c U:hc Na lkpartmcrt RCA ganicnt Insurance Other Namc Derarimcnt RCA ayccmcnt Imurance (Vwr Risk N-lanagcmcnt Dcpartment Insurance Copy G Foilolllia aS`rnL%tranSkr (Telephone- 714.536.5227) . 9 OTY OF HUNTINGTON BEAD- MEETING DATE: 08-18-97 DEPARTMENT ID NUMBER: PW97-068 Council/Agency Meeting Held- 8 9-7 4 00"a S Deferred/Continued to: arApproved ❑ Conditionally Approved ❑ Denied City erk's Signature Council Meeting Date: 08-18-97 Department ID Number: PW97-068 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS, SUBMITTED BY: ��MIICHAEL T. UBERUAGA, City Administra or PREPARED BY: ALES M. JONES, II, Director of Public Work SUBJECT: Authorize the approval of agreement D97-036 with Orange County Flood Control District Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attach nent Statement of Issue: The attached Agreement, No. D97-036, between the Orange County Flood Control District (District) and the City of Huntington Beach (City) defines the terms and conditions for the removal of approximately 190 lineal feet of 48 inch reinforced concrete pipe (RCP) and construction of approximately 190 lineal feet of a 10.5 foot wide by 3 foot high single barrel reinforced concrete box (RCB) under the East Garden Grove Wintersburg Flood Control Channel 1,350 feet west of Goldenwest Street. Funding Source: Per agreement D97-036 the City is required to Deposit $50,000 with the District for the design and construction of the new RCB. The required funds are available in the Drainage fund account no. G-SM-3-01-00. Recommended Action: Motion to do the following: 1 Approve the attached Agreement, No. D97-036, between the District and the City; And, 0026964.01 -2- 08/01197 8:43 AM v l� MQUEST FOR COUNCIL AC�ft MEETING DATE: 08-18-97 DEPARTMENT ID NUMBER: PW97-068 2. Authorize the Mayor and City Clerk to execute Agreement No. D97-036; And, 3. Authorize staff to appropriate $50,000 from the unreserved, undesignated storm drain fund balance, And, 4. Authorize the Director of Public Works to expend monies per the terms and conditions of Agreement No. D97-036 for the removal of approximately 190 lineal feet of 48 inch RCP and construction of approximately 190 lineal feet of a 10.5 foot wide by 3 foot high single barrel RCB under the East Garden Grove Wntersburg Flood Control Channel 1,350 feet west of Goldenwest Street. Alternative Action(s): Do not approve Agreement No. D97-036, deny authorization, and direct staff on how to proceed with the project. Analysis: The Orange County Flood Control District is currently designing the 100-year flood control improvement plans and special provisions for the East Garden Grove Wintersburg Flood Control Channel, Facility No. CO2, from 1,350 feet downstream of Goldenwest Street to 1,145 feet upstream of Goldenwest Street. The City of Huntington Beach currently maintains approximately 190 lineal feet of 48 inch RCP that crosses underneath the bottom of the Channel, within the District's right-of-way, under Public Property Permit No. 32769. Special Provision C of said permit states: Permittee agrees to reconstruct or modify the installations to be made under this permit, promptly upon written notice to do so, entirely at its expense, when necessary for the construction, reconstruction, improvement or alteration of district's works. The proposed District improvements consist of constructing a variable width, concrete bottom, vertical wall channel to provide 100-year storm run-off conveyance. Since the current channel's section is an earthen trapezoidal, the City had no concern to upgrade the 48 inch RCP. Now that the District is improving this reach of the channel, it is the opportune time to upgrade this facility. For the City to come back in the future to complete this task would be at a substantial cost in both design and construction. Working together with staff, the District's final design incorporates a 10.5 foot wide by 3 foot high single barrel RCB. This RCB equals the required Master Plan of Drainage size for a RCP. 0026964.01 .37 08101/97 8:43 AM WUEST FOR COUNCIL ACI& MEETING DATE: 08-18-97 DEPARTMENT ID NUMBER: PW97-068 Environmental Status: The District's E.I.R. is currently being processed. Attachment(s): NumberCity Clerk's Page Description 1. Agreement Number D97-036 2. Location Map 3. FIS RCA Author: S.E.K. 0026964.01 -4- 08101/97 8:43 AM oOI9517 01 County & *range • • et - T'�.' ;LE:t'; Public Facilities & Resources Department John W. Sibley, Director .1bH 29 84 7 r;'l 98 January 22, 1998 Mr.Steve Krieger City of Huntington Beach-Water P.O. Box 190 Huntington Beach,Ca.92648 Subject: Fast Garden Grove Wintersburg Channel(CO5) Goldenwest to Goldenwest Agreement No.D97-036 (File:EF03447) Dear Mr. Krieger; Enclosed is the executed final original agreement for drainage line replacement in the Fast Garden Grove Wintersburg Channel Project- This original is for your files. If you have any questions concerning this agreement,please call me at(714)834-6659. Sincerely, Mary Vkheau Utilities Section LOCATION: MAILING ADDRESS-. TELEPHONE 300 N- PLOWER ST P_O.BOX 4W (714)834-5302 SANTA ANA,CALIFORNIA SANTA ANA,CA 92702-4048 FAX#834-2395 1 2 Agreement D97-036 3 4 A 0 R E E X E N T 5 THIS AGREEMENT, for the purpose of identification is hereby numbered 097-036 and entered into this 18th day of August 1997 , 6 BY AND BETWEEN 7 ORANGE COUNTY FLOOD CONTROL DISTRICT. $ hereinafter referred to as "DISTRICT" 9 AND 10 CITY OF HUNTINGTON BEACH 11 hereinafter referred to as "CITY" 12 RECITALS 13 14 15 16 WHEREAS, DISTRICT proposes to improve its existing East Garden 17 Grove Wintersburg Channel from four-hundred eleven (411) meters 18 downstream of Goldenwest Street to three-hundred forty-nine (349) 19 meters upstream of Goldenwest Street (within the boundaries of CITY) 20 which consists of construction of a reinforced-concrete open channel 21 and a transition structure with a single reinforced concrete box 22 (R.C.B. ) crossing the channel, to replace a 1220 millimeter reinforced 23 concrete pipe (R.C.P. ) at Station 46+29. 52 (Project Drawing Number 24 C05-101-10) , hereinafter referred to as "PROJECT" and made a part of 25 this AGREEMENT; and 26 27 28 -1- Agreement No. D97-036 1 WHEREAS, CITY owns, operates and maintains said R.C.P. drainage 2 line which is in conflict with the PROJECT requiring relocation. CITY 3 also desires to replace existing R.C.P. hereinafter referred to as 4 "FACILITY" by proposed R.C.B. to accommodate future improvements for 5 its drainage line hereinafter referred to as "RELOCATION" ; and 6 1 WHEREAS, DISTRICT acquired its rights which are paramount to CITY's 8 rights by virtue of the deed recorded on March 31, 1960 in book 5171, 9 page 338, of Official Records in the Office of the Orange County 10 Recorder and has permitted the CITY to construct the FACILITY under 11 Permit No. 32769; and 12 WHEREAS, as a consequence of DISTRICT's paramount rights, 13 CITY is required to relocate the FACILITY at CITY's expense; and 14 WHEREAS, CITY desires that DISTRICT include the necessary 15 REPLACEMENT into the PROJECT plans and specifications in accordance 16 with the terms of this AGREEMENT. 17 18 NOW THEREFORE, IT IS AGREED by the parties hereto as follows: 19 20 1. DISTRICT SHALL: 21 22 A. Prepare the necessary design plans and specifications for Z3 REPLACEMENT to include into DISTRICT's plans and 24 specifications for PROJECT. 25 26 B. Include within its construction contract for PROJECT, 27 28 -2- Agreement No. D97-036 1 REPLACEMENT work per CITY standards as shown on plans and 2 specifications prepared by DISTRICT, as a separate bid 3 item. 4 5 C. Advertise for bids and award a construction contract for 6 PROJECT to the lowest responsive responsible bidder, 7 hereinafter referred to as "CONTRACTOR" . 8 9 D. Prepare any required environmental documents. 10 11 E. Be solely responsible for PROJECT contract award and for 12 the administration and performance of the contract awarded 13 to CONTRACTOR(s) for the REPLACEMENT. 14 15 F. Incorporate within the contract documents for the PROJECT a 16 requirement for the CONTRACTOR to obtain and keep in full 17 force and effect throughout the life of the PROJECT, for 18 the mutual benefit of CITY and DISTRICT, a policy or 19 policies of comprehensive, broad form, general liability 20 and automobile insurance against claims and liabilities for 21 activities of the CONTRACTOR in the amount of $5, 000, 000 22 (combined single limit per occurrence) . Said policies 23 shall name CITY, DISTRICT, County of Orange and their 24 respective elected and appointed officials, officers, 25 agents and employees as additional insureds and shall, 26 additionally, contain language providing for waiver of 27 28 -3- Agreement No. D97-036 1 subrogation, that the policies are primary and 2 noncontributing with any insurance that may be carried by 3 the parties hereto and that said insurance may not be 4 canceled or materially changed except upon thirty (30) days 5 written notice to DISTRICT. DISTRICT shall also require 6 that workers' compensation benefits are secured by the 7 CONTRACTOR and all sub-contractors as required by law. s 9 G. Upon execution of AGREEMENT, invoice CITY for fifty 10 thousand dollars ($50, 000) the estimated cost for 11 REPLACEMENT. 12 13 H. Appoint a representative to administer the construction 14 contract and perform the usual functions of a Resident 15 Engineer, hereinafter referred to as "RESIDENT ENGINEER". 16 Decisions made by the RESIDENT ENGINEER shall be final. 11 is I. Issue Change Orders to the REPLACEMENT work but only after 19 approval by CITY Engineer. 20 21 J. Not accept the REPLACEMENT work from CONTRACTOR until CITY 22 concurs that CITY's facilities have been constructed in 23 accordance with CITY's approved plans and specifications 24 and any authorized contract Change Orders. 25 26 K. Require that any and all labor and materials bonds and 27 28 -4- Agreement No. D97-036 1 performance bonds required to be supplied by the CONTRACTOR 2 for the PROJECT shall include CITY as a named assured on 3 said bonds. 4 $ II. CITY SHALL: 6 7 8 A. Review and approve design plans and specifications prepared 9 by DISTRICT. I0 11 B. Deposit with DISTRICT fifty thousand ($50, 000) as the 12 estimated cost for REPLACEMENT as described above. Said 13 deposit shall be made within sixty (60) calendar days of 14 the execution of this AGREEMENT. 15 16 C. Have rights of access to the PROJECT site for purposes of 17 inspection and to ensure that work is performed in 18 accordance with approved plans and specifications provided 19 by DISTRICT. 20 21 D. Appoint a representative, hereinafter referred to as CITY 22 REPRESENTATIVE, who shall inspect all construction 23 activities relating to REPLACEMENT. All requests for 24 alteration or modification to the REPLACEMENT by CITY 25 REPRESENTATIVE shall be made to RESIDENT ENGINEER who shall 26 direct CONTRACTOR to accomplish all such changes. CITY's 27 28 -5- Agreement No. D97-036 i REPRESENTATIVE shall at all times coordinate activities 2 with and cooperate with RESIDENT ENGINEER to ensure timely 3 review of REPLACEMENT activities to facilitate the channel 4 construction activity, but the decision of DISTRICT's 5 RESIDENT ENGINEER shall be final. 6 7 E. Review and expeditiously approve Change Order submittals 8 from DISTRICT. CITY shall not unreasonably withhold consent 9 to Change Order submittals. 10 11 F. Upon completion and acceptance of the construction work 12 CITY shall own, operate, and maintain the single barrel RCB 13 and release DISTRICT from any and all liability arising 14 from the REPLACEMENT and design and/or construction of the 15 FACILITY. 16 17 G. Upon acceptance of the construction work for the 18 REPLACEMENT and receipt of an Invoice and Final Accounting 19 Report from DISTRICT, provide to DISTRICT final payment for 20 said REPLACEMENT determined as the sum of Gl, G2,and G3 : 21 22 1. The actual sum of the item prices bid for the 23 REPLACEMENT from the CONTRACTOR to whom DISTRICT 24 has awarded the contract for PROJECT. 25 26 2 . Change Order expenses approved by CITY 27 28 -6- Agreement No. D97-036 1 REPRESENTATIVE related to work involved with 2 REPLACEMENT if any, will be added to the above. 3 4 3 . Fifteen percent (15%) of the actual amount 5 determined in II.G. 1. and II.G. 2. above as an 6 agreed amount to reimburse DISTRICT for costs 7 incurred for administration and inspection 8 related to REPLACEMENT and five percent (5%) for 9 the design work will be added to the above. 10 11 III. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT: 12 13 A. If the final cost per II.G. above exceeds the deposit, CITY 14 shall within sixty (60) calendar days of receipt of the 15 Final Accounting Report and Invoice approve report and pay 16 DISTRICT the difference; if the final cost is less than the 17 deposit, DISTRICT shall, with receipt of the approved Final 18 Accounting Report refund the difference to CITY. 19 20 B. If DISTRICT does not award said contract within twelve (12) 21 months of the execution of this AGREEMENT, CITY's deposit 22 shall be refunded by DISTRICT within sixty (60) calendar 23 days upon request by CITY. 24 25 C. Neither DISTRICT nor CITY nor any officer or employee 26 thereof, shall be responsible for any loss, damage or 27 28 -7- Agreement No. 097-036 1 injury of any kind or character to any person or property, 2 arising out of anything done or omitted to be done by the 3 other under or in connection with any -work or obligation 4 performed under this AGREEMENT. 5 6 D. The terms and provisions of this AGREEMENT shall be binding 7 upon and inure to the benefit of the parties hereto and g their successors and assigns. 9 10 E. This AGREEMENT may be executed in two counterparts, and 11 each such counterpart shall be deemed to be an original. 12 L3 F. No alteration or variation of the terms of this AGREEMENT 14 shall be valid unless made in writing and signed by the 15 parties hereto, and no oral understanding or agreement not 16 incorporated herein shall be binding on any of the parties 17 hereto. 18 19 G. Pursuant to Government Code Section 895.4 , DISTRICT and 20 CITY shall fully indemnify and save each other, their 21 respective elected officials, officers, agents and 22 employees harmless from all liability from loss, damage, or 23 injury (as defined in Government Code Section 810. 8) to 24 persons or property, including any and all legal costs and 25 attorneys' fees, arising in any manner out of the 26 performance occurring by reason of anything done or omitted 27 28 _g_ Agreement No. D97-036 1 to be done by the other under or in connection with any 2 work or obligation performed under this AGREEMENT. 3 4 H. This AGREEMENT contains the entire agreement between the 5 parties with respect to the matters provided for herein. 6 7 I. If any part of this AGREEMENT is held, determined or g adjudicated to be illegal, void or unenforceable by a court 9 of competent jurisdiction, the remainder of this AGREEMENT 10 shall be given effect to the fullest extent reasonably 11 possible. 12 13 J. This AGREEMENT shall be construed and enforced in 14 accordance with California law. 15 16 K. The parties to this AGREEMENT represent and warrant that 17 this AGREEMENT has been duly authorized and executed and is constitutes the legally binding obligation of their 19 respective organization or entity, enforceable in 20 accordance with its terms. 21 111 22 l l l 23 24 25 26 27 28 -9- Agreement No. D97-036 1 2 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their officers thereunto duly authorized on the date 3 written above. 4 CITY OF HUNTINGTON BEACH 5 Date: /,� I�',LIS�i7 BY: lG 7 Mayor 8 ATTEST: 9 _ 10 By: City Clerk VlkI211 2 12 REVIEWED AND APPROVED: APPROVED AS TO FORM: 13 14 BY: By: 15 i y Admin a or City Attorney 16 17 ORANGE COUNTY FLOOD CONTROL DISTRICT 18 19 Date: By: 20 Chairman of its Board of Supervisors 21 22 -SIGNED AND CERTIFIED THAT A APPROVED AS TO FORM: COPY OF THIS DOCUMENT HAS LAURENCE M. WATSON 23 BEEN DELIVERED TO THE County Counsel CHAIRMAN OF THE BOARD 24 25 By: By: 26 Darlene U. Bloom Deputy Clerk of the Board of Supervisors 27 of Orange County Flood Control District, Orange County, California 28 j -10- Agreement No. D97-036 1 2 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their officers thereunto duly authorized on the date . 3 written above. 4 CITY OF HUNTINGTON BEACH 5 6 Date: By: 7 Mayor 8 ATTEST: 9 1 10 By: G�GIGGU �1�Lv �< City Clerk 11 12 REVIEWED AND APPROVED: APPROVED AS TO FORM: 13 14 By: .'� AEG/ 15 •City Administ ator City Attorney Olil4l 16 17 ORANGE COUNTY FLOOD CONTROL DISTRICT 18 19 ,SC� "'�• Date: JAN 1 3 1998 By: 20 Chairman of its Board of Supervisors 21 22 SIGNED AND CERTIFIED THAT A APPROVED AS TO FORM: COPY OF THIS DOCUMENT HAS LAURENCE M. WATSON - 23 BEEN DELIVERED TO THE County Counsel CHAIRMAN OF THE BOARD 24 ATTEST 25 By: By: I l 1 t`'7 26 Darlene J. Bloom Deputy Clerk of the Board of Supervisors 27 of Orange County Flood Control District, Orange County, California 28 -10- 6 AN 1 3 1998 f 2 Agreement D97-036 3 4 A G R E E M E N T 5 THIS AGREEMENT, for the purpose of identification is hereby numbered D97-036 and entered into this 18th day of August 1997, 6 BY AND BETWEEN 7 ORANGE COUNTY FLOOD CONTROL DISTRICT, 8 hereinafter referred to as "DISTRICT" 9 AND 10 CITY OF HUNTINGTON BEACH 11 hereinafter referred to as "CITY" 12 RECITALS 13 14 15 16 WHEREAS, DISTRICT proposes to improve its existing East Garden 17 Grove Wintersburg Channel from four-hundred eleven (411) meters 18 downstream of Goldenwest Street to three-hundred forty-nine (349) 19 meters upstream of Goldenwest Street (within the boundaries of CITY) 20 which consists of construction of a reinforced-concrete open channel 21 and a transition structure with a single reinforced concrete box 22 (R. C.B. ) crossing the channel, to replace a 1220 millimeter reinforced z3 concrete pipe (R.C.P. ) at Station 46+-29. 52 (Project Drawing Number 24 C05-101-10) , hereinafter referred to as "PROJECT" and made a part of 25 this AGREEMENT, and 26 27 28 -1- Agreement No. D97-036 i WHEREAS, CITY owns, operates and maintains said R.C.P. drainage 2 line which is in conflict with the PROJECT requiring relocation. CITY 3 also desires to replace existing R.C.P. hereinafter referred to as 4 "FACILITY" by proposed R.C.B. to accommodate future improvements for 5 its drainage line hereinafter referred to as "RELOCATION"; and 6 7 WHEREAS, DISTRICT acquired its rights which are paramount to CITY's 8 rights by virtue of the deed recorded on March 31, 1960 in book 5171, 9 page 338, of Official Records in the Office of the Orange County 10 Recorder and has permitted the CITY to construct the FACILITY under 11 Permit No. 32769; and 12 WHEREAS, as a consequence of DISTRICT's paramount rights, 13 CITY is required to relocate the FACILITY at CITY's expense; and 14 •WHEREAS, CITY desires that DISTRICT include the necessary 15 REPLACEMENT into the PROJECT plans and specifications in accordance 16 with the terms of this AGREEMENT. V is NOW THEREFORE, IT IS AGREED by the parties hereto as follows: 19 20 I. DISTRICT SHALL: 21 22 A. Prepare the necessary design plans and specifications for 23 REPLACEMENT to include into DISTRICT's plans and 24 specifications for PROJECT. 2.,5 26 B. Include within its construction contract for PROJECT, 27 28 -2- • Agreement No. D97-036 1 REPLACEMENT work per CITY standards as shown on plans and 2 specifications prepared by DISTRICT, as a separate bid 3 item. 4 g C. Advertise for bids and award a construction contract for 6 PROJECT to the lowest responsive responsible bidder, 7 hereinafter referred to as "CONTRACTOR" . 8 9 D. Prepare any required environmental documents. 10 11 E. Be solely responsible for PROJECT contract award and for 12 the administration and performance of the contract awarded 13 to CONTRACTOR(s) for the REPLACEMENT. 14 15 F. Incorporate within the contract documents for the PROJECT a 16 requirement for the CONTRACTOR to obtain and keep in full 17 force and effect throughout the life of the PROJECT, for 18 the mutual benefit of CITY and DISTRICT, a policy or 19 policies of comprehensive, broad form, general liability 20 and automobile insurance against claims and liabilities for 21 activities of the CONTRACTOR in the amount of $5, 000, 000 22 (combined single limit per occurrence) . Said policies 23 shall name CITY, DISTRICT, County of Orange and their 24 respective elected and appointed officials, officers, 23 agents and employees as additional insureds and shall, 26 additionally, contain language providing for waiver of 27 28 -3- Agreement No. D97-036 1 subrogation, that the policies are primary and 2 noncontributing with any insurance that may be carried by 3 the parties hereto and that said insurance may not be 4 canceled or materially changed except upon thirty (30) days g written notice to DISTRICT. DISTRICT shall also require 6 that workers' compensation benefits are secured by the 7 CONTRACTOR and all sub-contractors as required by law. 8 9 G. Upon execution of AGREEMENT, invoice CITY for fifty 10 thousand dollars ($50, 000) the estimated cost for 11 REPLACEMENT. 12 13 H. Appoint a representative to administer the construction 14 contract and perform the usual functions of a Resident 15 Engineer, hereinafter referred to as "RESIDENT ENGINEER" . 16 Decisions made by the RESIDENT ENGINEER shall be final. 17 18 I. Issue Change Orders to the REPLACEMENT work but only after 19 approval by CITY Engineer. 20 21 J. Not accept the REPLACEMENT work from CONTRACTOR until CITY 22 concurs that CITY's facilities have been constructed in 23 accordance with CITY's approved plans and specifications 24 and any authorized contract Change Orders. 25 26 K. Require that any and all labor and materials bonds and 27 28 -4- Agreement No. D97-036 1 performance bonds required to be supplied by the CONTRACTOR 2 for the PROJECT shall include CITY as a named assured on 3 said bonds. 4 3 II. CITY SHALL: 6 7 s A. Review and approve design plans and specifications prepared 9 by DISTRICT. 10 11 B. Deposit with DISTRICT fifty thousand ($50, 000) as the 12 estimated cost for REPLACEMENT as described above. Said 13 deposit shall be made within sixty (60) calendar days of 14 the execution of this AGREEMENT. 15 16 C. Have rights of access to the PROJECT site for purposes of 17 inspection and to ensure that work is performed in is accordance with approved plans and specifications provided 19 by DISTRICT. 20 21 D. Appoint a representative, hereinafter referred to as CITY 22 REPRESENTATIVE, who shall inspect all construction 23 activities relating to REPLACEMENT. All requests for 24 alteration or modification to the REPLACEMENT by CITY 25 REPRESENTATIVE shall be made to RESIDENT ENGINEER who shall 26 direct CONTRACTOR to accomplish all such changes. CITY's 27 28 -5- r Agreement No. D97-036 1 REPRESENTATIVE shall at all times coordinate activities 2 with and cooperate with RESIDENT ENGINEER to ensure timely 3 review of REPLACEMENT activities to facilitate the channel 4 construction activity, but the decision of DISTRICT's 3 RESIDENT ENGINEER shall be final. 6 7 E. Review and expeditiously approve Change Order submittals 9 from DISTRICT. CITY shall not unreasonably withhold consent 9 to Change Order submittals. 10 11 F. Upon completion and acceptance of the construction work 12 CITY shall own, operate, and maintain the single barrel RCB 13 and release DISTRICT from any and all liability arising 14 from the REPLACEMENT and design and/or construction of the 15 FACILITY. 16 17 G. Upon acceptance of the construction work for the 1$ REPLACEMENT and receipt of an Invoice and Final Accounting 19 Report from DISTRICT, provide to DISTRICT final payment for 20 said REPLACEMENT determined as the sum of G1, G2 ,and G3 : 21 22 1. The actual sum of the item prices bid for the 23 REPLACEMENT from the CONTRACTOR to whom DISTRICT 24 has awarded the contract for PROJECT. 25 26 2. Change Order expenses approved by CITY 27 28 -6- Agreement No. D97-036 1 REPRESENTATIVE related to work involved with Z REPLACEMENT if any, will be added to the above. 3 4 3 . Fifteen percent (15%) of the actual amount 5 determined in II.G. 1. and II.G. 2. above as an 6 agreed amount to reimburse DISTRICT for costs 7 incurred for administration and inspection 8 related to REPLACEMENT and five percent (5%) for 9 the design work will be added to the above. 10 11 III. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT: 12 13 A. If the final cost per II .G. above exceeds the deposit, CITY 14 shall within sixty (60) calendar days of receipt of the 15 Final Accounting Report and Invoice approve report and pay 16 DISTRICT the difference; if the final cost is less than the 17 deposit, DISTRICT shall, with receipt of the approved Final 18 Accounting Report refund the difference to CITY. 19 20 B. If DISTRICT does not award said contract within twelve (12) 21 months of the execution of this AGREEMENT, CITY's deposit 22 shall be refunded by DISTRICT within sixty (60) calendar 23 days upon request by CITY. 24 25 C. Neither DISTRICT nor CITY nor any officer or employee 26 thereof, shall be responsible for any loss, damage or 27 28 -7- Agreement No. D97-036 1 injury of any kind or character to any person or property, 2 arising out of anything done or omitted to be done by the 3 other under or in connection with any work or obligation 4 performed under this AGREEMENT. 5 6 D. The terms and provisions of this AGREEMENT shall be binding 7 upon and inure to the benefit of the parties hereto and 8 their successors and assigns. 9 10 E. This AGREEMENT may be executed in two counterparts, and 11 each such counterpart shall be deemed to be an original. 12 13 F. No alteration or variation of the terms of this AGREEMENT 14 shall be valid unless made in writing- and signed by the 15 parties hereto, and no oral understanding or agreement not 16 incorporated herein shall be binding on any of the parties 17 hereto. 18 19 G. Pursuant to Government Code Section 895. 4 , DISTRICT and 20 CITY shall fully indemnify and save each other, their 21 respective elected officials, officers, agents and 22 employees harmless from all liability from loss, damage, or 23 injury (as defined in Government Code Section 810. 8) to 24 persons or property, including any and all legal costs and 25 attorneys' fees, arising in any manner out of the 26 performance occurring by reason of anything done or omitted 27 28 -8- Agreement No. D97-036 1 to be done by the other under or in connection with any 2 work or obligation performed under this AGREEMENT. 3 4 H. This AGREEMENT contains the entire agreement between the 5 parties with respect to the matters provided for herein. 6 7 I. If any part of this AGREEMENT is held, determined or 8 adjudicated to be illegal, void or unenforceable by a court 9 of competent jurisdiction, the remainder of this AGREEMENT 10 shall be given effect to the fullest extent reasonably i1 possible. 12 13 J. This AGREEMENT shall be construed and enforced in 14 accordance with California law. 15 16 K. The parties to this AGREEMENT represent and warrant that 17 this AGREEMENT has been duly authorized and executed and is constitutes the legally binding obligation of their 19 respective organization or entity, enforceable in 20 accordance with its terms. 21 22 23 24 25 26 27 28 -9- Agreement No. D97-036 1 2 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their officers thereunto duly authorized on the date 3 written above. 4 CITY OF HUNTINGTON BEACH 5 6 Date: /8. /997 By: 7 Mayor 8 ATTEST: 9 10 By: G7% City Clerk 11 12 REVIEWED AND APPROVED: APPROVED AS TO FORM: 13 14 By: 15 Be Administ ator City Attorney 16 17 ORANGE COUNTY FLOOD CONTROL DISTRICT 18 19 Date: By: 20 Chairman of its Board of Supervisors 21 22 SIGNED AND CERTIFIED THAT A APPROVED AS TO FORM: COPY OF THIS DOCUMENT HAS LAURENCE M. WATSON 23 BEEN DELIVERED TO THE County Counsel CHAIRMAN OF THE BOARD 24 25 t',�1Q y'�I l 1 rf? By: By: 26 Darlene J. Bloom Deputy Clerk of the Board of Supervisors 27 of Orange County Flood Control District, Orange County, California 28 -10- L 0019517_01 � W CD Q' ME": Q ,_� �L, � WARNER vvh':s'E� !,'Pt h'OX A RE A) A N irJ Cam'Ai_L LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS C0�_�C ATTACHMENT 3 •� CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Michael T. Uberuaga, City Administrator From: Robert J. Franz, Deputy City Administrator Subject: FIS 97-57 Orange County Flood Control District; Agreement D97-036 Date: July 31 , 1997 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for FIS 97-57 Orange County Flood Control District, Agreement D97-036 If the City Council approves this request (total appropriation of $50,000) the imated fund balance of the Drainge Fun at S t 30, 1997 will be reduced to $667,000. obert J. anz, Deputy City Admini rator 1 RCA &OUTING & EET INITIATING DEPARTMENT: PUBLIC WORKS ENGINEERING SUBJECT: Approval of agreement D97-036 with Orange County Flood Control District COUNCIL MEETING DATE: August 18, 1997 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attomey) Attached Subleases, Third Party Agreements, etc (Approved as to foram by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Attached Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator (Initial) ( ) ) City Administrator (Initial) ( ) City Clerk ( } EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: S.E.K.