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HomeMy WebLinkAboutCC AG PKT 2011-11-14 #Jr 0 5 AL�•., AGENDA STAFF REPORT •,[ /PORN - DATE: November 14, 2011 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean P. Crumby P.E., Assistant City Manager /Public Works SUBJECT: AGREEMENT FOR A JOINT PAVING PROJECT OF SAN GABRIEL RIVER BIKE TRAIL FROM PACIFIC COAST HIGHWAY TO WARDLOW ROAD SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6203 approving a joint agreement with the City of Long Beach in the amount of $200,000 for construction improvements on the San Gabriel River Bike Trail from Pacific Coast Highway to Wardlow Road. BACKGROUND AND ANALYSIS: At the November 11, 2007 City Council Meeting, Council authorized the City Manager to sign an agreement with the Rivers and Mountains Conservancy (RMC). This agreement provides $2,000,000 for enhancements to portions of the San Gabriel River trail system. Some of these enhancements include; a new paved surface for the bike trail, new pavement for the terminus of the River Trail at 1St Street and Ocean Avenue, seating, bike racks, redesigned parking with new landscaping and lighting and restroom upgrades. The majority of the Grant funds are set to expire by the end of the Fiscal Year 2011/2012. The portion of the bike trail that the City intended to improve using these grant funds was from the terminus of the trail at the 1St Street parking lot up to the 405 Freeway crossing. During the design phase of the project, the City of Long Beach approached the City regarding a bike trail paving project they were designing that covered Wardlow Road in Long Beach to Pacific Coast Highway (PCH). Maintenance agreements indicate that certain portions of the bike trail are the responsibility of the City of Seal Beach. These include from the 1 st Street parking lot to PCH and from College Park Drive to Coyote Creek. The City of Long Beach is required to maintain the trail from Coyote Creek to Wardlow Road. The section of trail between PCH and College Park Drive has dual responsibility between the two cities. Agenda Item J The most cost effective way to pave the bike trail would be for one city to take the lead on design and construction with the other city providing compensation for their fair share portion. Long Beach had a preliminary design at that point for the trail to PCH and has a Local Coastal Plan which allows them to construct that portion of the trail without having to obtain a Coastal Commission permit. The RMC allows the City of Seal Beach to use the grant funds to compensate for the City's portion of the bike trail paving even with another agency performing the actual construction. Staff recommends entering into an agreement with the City of Long Beach that will allow Long Beach to pave the trail all the way to PCH in exchange for compensation from Seal Beach for the portions of the trail that are our maintenance responsibility. The $2,000,000 grant will be used to cover the costs for compensating Long Beach for Seal Beach's portion of the bike trail paving north of PCH. The portion south of PCH is part of the River's End Staging Area and Bikeway Enhancement Project No. BP0901 awarded to Golden State Constructions, Inc. (GSI) at the September 26, 2011 City Council Meeting. In order to provide the $200,000 to the City of Long Beach and stay within the grant fund limit, the City has issued change orders to reduce the scope and cost of their contract from the $1,624,191.85 awarded amount to $1,394,469.35. ENVIRONMENTAL IMPACT: This project complies with all requirements of the California Environmental Quality Act (CEQA). (Council adopted Mitigated Negative Declaration -April 26, 2010) FINANCIAL IMPACT: This project is funded through the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50) and administer to the City by the RMC. The City was awarded grants funds of $2,000,000 to cover the cost of design, construction, and inspection and there is no City match requirement. Below is a breakdown and summary of expenses for the project: Estimated Expenses: Amount Design - RBF $330,443.00 Construction Project No BP0901— GSI $1,394,469.35 Inspection $40,000.00 Construction of Bike Trail — Long Beach $200,000.00 TOTAL Page 2 $1,964,912.35 RECOMMENDATION: It is recommended that the City Council adopt joint agreement with the City of Long Beach construction improvements on the San Gabriel Coast Highway. SUBMITTED BY: Fa2Sean P. Crumby, P.E. Assistant City Manager /Public Works Prepared by: David Spitz, Associate Engineer Attachments: A. Resolution No. 6203 B. Agreement —Long Beach C. Maintenance Agreement Map Page 3 Resolution No. 6203 approving a in the amount of $200,000 for River Bike Trail north of Pacific NOTED AND APPROVED: TK �SMI RESOLUTION NUMBER 6203 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT WITH THE CITY OF LONG BEACH FOR SAN GABRIEL RIVER TRAIL PAVING THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the agreement ( "Agreement ") between the City of Seal Beach and the City of Long Beach for San Gabriel River Trail Paving in the amount of $200,000 for the City of Seal Beach's fair share contribution to construct paving improvements on the San Gabriel River Trail from Pacific Coast Highway to Wardlow Road. Section 2. The Council hereby directs the City Manager to execute the agreement. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of November, 2011 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6203 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of November , 2011. City Clerk AGREEMENT REGARDING THE DESIGN AND CONSTRUCTION OF IMPROVEMENTS TO THE SAN GABRIEL RIVER TRAIL BY THE CITY OF LONG BEACH ON BEHALF OF THE CITY OF SEAL BEACH THIS AGREEMENT is made and entered, in duplicate, as of 02011, for reference purposes only, pursuant to a minute order adopted by the City Council of the City of Long Beach at its meeting held on , 2011, by and between the CITY OF LONG BEACH, a municipal corporation ( "CLB "), and the CITY OF SEAL BEACH, a municipal corporation ( "SB "), pursuant to a minute order adopted by the City Council of the City of Seal Beach at its meeting held on November 14, 2011. CLB and SB may hereinafter be referred to individually as "PARTY" or collectively as "PARTIES." RECITALS CLB and SB contemplate constructing improvements on the San Gabriel River Trail as set forth in Exhibit "A," referred to herein as "Project," and desire to specify terms and conditions under which Project is to be engineered, constructed and financed. SECTION I CLB AGREES: To act as lead agency for the Project and to provide all necessary plans and specifications, cost estimates, utility identification and location, and all necessary construction engineering /management services including all required Project accounting for Project. 2. To insure that the Project as designed will comply with all environmental approvals as required from Federal or State agencies for Project. 3. To obtain all required authorizations and permits from governmental agencies necessary to construct Project. 4. To obtain SB's approval of final plans and specifications prior to Project being advertised for construction bids. 5. To not proceed with the construction of Project, or any phase of Project, until all necessary funding for Project has been identified and appropriated, including any required agreements for funding contributions by other agencies to Project. 6. Upon completion of Project, to furnish SB a complete set of full -sized film positive reproducible as -built plans and the corresponding electronic files. Page 1 of 5 SECTION II SB AGREES 1. To provide to CLB all available plans and survey data of existing SB infrastructure necessary to design Project. 2. To pay SB's prorated share of all Project design and construction administration costs with the prorated share based on the final ratio of construction costs between CLB and SB. 3. To review and approve plans, and issue no fee encroachment permits, within 30 days of receipt of final plans from CLB. 4. Upon receipt of written invoice to deposit with CLB, sufficient SB funds to finance SB's estimated share of engineering, construction, and administration costs. Said amount is currently estimated at $200,000. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: 1. CLB's contract plans signed by SB shall constitute SB's acceptance of and official approval of said plans. 2. The duties of CLB under this agreement may be performed either by CLB employees or by persons or entities hired by CLB through separate agreements. These agreements shall include a provision releasing SB from liability and require that SB be included as a co- obligee on all required bonds and insurance. 3. That in the construction of said work, CLB will furnish a resident engineer and SB shall furnish a representative. Said representative and resident engineer will cooperate and consult with each other, but the decisions of CLB's resident engineer shall remain the sole and primary directive for all Project work. If material changes to the approved plans and specifications are required to complete the Project, and said changes will impact the proposed Project improvements within SB's right -of -way, the CLB resident engineer will obtain the SB's representative approval before authorizing said changes. "Material changes" shall be defined as those that affect the design intent and increase the project cost. 4. That during the course of construction, SB may request CLB to include additional work in Project. Said work shall be considered a "betterment" if it is not directly required by the proposed work shown in Exhibit "A ". In addition, the term betterment shall include any SB funded work that SB desires to have constructed concurrently with Project and for which CLB is able to reasonably accommodate in Project. Said Page 2 of 5 betterment work shall be accounted for separately and not impact the authorized contingency for the project. CLB may require a deposit from SB for the estimated cost of betterment prior to authorization. 5. Prior to acceptance of the Project, as completed, under the terms of the Project's construction contract, CLB will confer with SB, in good faith, to obtain SB's concurrence that those components of the Project that are located within SB's right - of -way have been completed in substantial conformance with the approved plans and specifications. It is understood that SB will not unreasonably withhold said concurrence. Should SB and CLB be unable to agree on Project completion as discussed herein, then SB and CLB shall meet and confer, in good faith, to resolve the disagreement. 6. If at the final Project accounting, SB's costs exceed SB's deposit with CLB, CLB shall invoice SB and SB shall pay within thirty (30) days the difference. Conversely, if at final accounting, the amount of SB's deposit with CLB exceeds SB's costs, CLB shall refund the difference within thirty (30) days. 7. SB shall review the final accounting invoice prepared by CLB and report in writing to CLB any discrepancies within thirty (30) days after the date of said invoice. Undisputed charges shall be paid in accordance with this Section. 8. Should any portion of Project be financed with funds with specific expenditure requirements or limitations, all applicable laws, regulations and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 9. Neither SB nor any officer or employee of SB shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of CLB delegated to or determined to be the responsibility of CLB under this Agreement. Pursuant to Government Code Section 895.4, CLB shall indemnify, defend and hold SB harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any acts or omissions on the .part of CLB delegated to or determined to be the responsibility of CLB under this Agreement. 10. Neither CLB nor any officer or employee of CLB shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of SB delegated to or determined to be the responsibility of SB under this Agreement. Pursuant to Government Code Section 895.4, SB shall indemnify, defend and hold CLB harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any acts or omissions on the part of SB delegated to or determined to be the responsibility of SB under this Agreement. 11. Every notice, demand, request, or other document or instrument delivered pursuant to this Agreement shall be in writing, and shall be either personally delivered by Page 3 of 5 Federal Express or other reputable overnight courier, sent by facsimile transmission with telephonic confirmation of actual receipt and the original subsequently delivered by other means, or sent by certified United States mail, postage prepaid, return receipt requested, to the addresses set forth below, or to such other address as a party may designate from time to time: City Of Long Beach Pat West, City Manager 333 West Ocean Blvd Long Beach, CA 90802 City of Seal Beach Jill R. Ingram, City Manager 211 - 8th Street, Seal Beach, CA 90740 12. This Agreement constitutes the entire understanding and agreement of the Parties and integrates all of the terms and conditions mentioned herein or incidental hereto with respect to the subject matter hereof, and supersedes all negotiations or previous agreements between the Parties with respect to all or part of the subject matter hereof. 13. This Agreement may be amended in writing at any time by the mutual consent of the Parties. No amendment shall have any force or effect unless executed in writing by both Parties. 14. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall continue in full force and effect, unless both Parties would be materially altered or abridged by such interpretation. 15. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 16. Except as set forth herein, no Party shall assign or otherwise transfer this Agreement or its right of interest or any part thereof to any third party without the prior written consent of the other Party. Such consent shall not be unreasonably withheld. No assignment of this Agreement shall relieve the assigning Party of its obligations until such obligations have been assumed in writing by the assignee. When duly assigned in accordance with the forgoing, this Agreement shall be binding upon and inure to the benefit of the assignee. 17. This Agreement shall commence on the date first approved and shall terminate upon SB's acceptance of the constructed improvements and final accounting for the Project Page 4 of 5 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective officers as of the date first written above. CITY OF LONG BEACH Attest: City Manager City Clerk Approved as to Form: City Attorney CITY OF SEAL BEACH Jill R. Ingram, City Manager Attest: Linda Devine, City Clerk Page 5 of 5