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Home My WebLink AboutAGENDA REPORT 1990 0711 CC REG ITEM 08D MOORPARK ITEM e BERNARDO M. PEREZ C9 STEVEN KUENY 44. Mayor o°P� °o CityCity Manager SCOTT MONTGOMERY MOOPPARK, CALWORNIA a / '', CHERYL J. KANE Mayor Pro Tern City Meeting 14�e, !% City Attorney ELOISE BROWN of199 �� ,a`� PATRICK RICHARDS,A.I.C.P. Councilmember ' ' °o-��• ` o" Director of % '`° CommunityDevelopment CLINT HARPER, Ph.D. ACTION: l._� A . Og1*6 R. DENNIS DELZEIT Councilmember PAUL W. LAWRASON,Jr. • -, ' City Engineer Councilmember F7 JOHN V.GILLESPIE LILLIAN KELLERMAN By Chief of Police City Clerk RICHARD T. HARE City Treasurer MEMORANDUM TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Work DATE: June 25, 1990 (Council Meeting 7-11-90) SUBJECT: Cooperative Agreement Happy Camp Canyon Drain -- Unit IV Box Culvert: Avenida Colonia & Nogales OVERVIEW This presents for consideration a Cooperative Agreement between the Ventura County Flood Control District (VCFCD) and the City of Moorpark, for the construction of closed box culvert near Avenida Colonia and Nogales Avenue. DISCUSSION A. Project Description The City Engineer's Office has been working with officials of VCFCD in efforts to "upgrade" the planned construction of the Happy Camp Canyon Storm Drain to allow for the construction of a roadway to connect Avenida Colonia and Nogales Avenue. The proposed "upgrade" provides for the construction of approximately one hundred eighty feet (180' ) closed box culvert under this future intersection in-lieu of an open box channel. B. Plans VCFCD has completed the preparation of plans and specification for the construction of this portion of the Happy Camp Canyon Storm Drain. 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 Happy Camp Drain Box Culvert Page 2 C. Right-of-Way Acquisition VCFCD is in the final stages of right-of-way acquisition and expects to have this phase of the project completed within two months. D. Construction Schedule Given the above, VCFCD anticipates the award of a construction contract for this project by late September with construction to be completed by February. E. Cost Estimate The project cost estimate is as follows: Construction $11 ,000 Design, Inspection, Etc. (25%) $2. 775 $13 ,775 Subsequent to the opening of the bids, should the estimated cost of the project exceed $14 , 000, a contract for the subject work shall NOT be awarded without the prior authorization of the City. The actual final cost to the City will be determined on the basis of the unit prices bid applied to the actual quantities of applicable items of work. F. Funding Source The budget shows this project to be funded by Community Development Block Grant (CDBG) funds. G. Agreement A Cooperative Agreement has been prepared for this project to fully define the parameters of the project and the agreed City reimbursement of VCFCD costs related thereto. RECOMMENDED ACTION Approve the attached Cooperative Agreement and authorize the Mayor to execute same. COOPERATIVE AGREEMENT FOR THE BETTERMENT OF HAPPY CAMP CANYON - UNIT IV AT AVENIDA COLONIA IN THE CITY OF MOORPARK Project No. 87173 Agreement No. FC 3-90-4A This agreement is entered into by and between the Ventura County Flood Control District, hereinafter referred to as DISTRICT and City of Moorpark, hereinafter referred to as CITY. WHEREAS, DISTRICT plans to cause the construction of Happy Camp Canyon, Unit IV, from Arroyo Simi to the downstream end of Unit III as a reinforced concrete rectangular open channel, hereinafter referred to as IMPROVEMENTS; and WHEREAS, CITY has requested DISTRICT to construct approximately 180 lineal feet of IMPROVEMENTS as a reinforced concrete box conduit, hereinafter referred to as ADDITION, in lieu of the reinforced concrete rectangular open channel in order to facilitate future improvement of Avenida Colonia; and WHEREAS, CITY'S request conforms to DISTRICT'S policy of February 23, 1971, for construction of public road crossings of flood control channels; and WHEREAS, mutual benefit to both parties will result from having all of the above construction performed under one construction contract. NOW, THEREFORE, in consideration of the premises and covenants contained herein, the parties hereto agree as follows: 1. DISTRICT shall revise its plans and specifications for IMPROVEMENTS to include the ADDITION from Station 1+70 to Station 3+50. Prior to the bid period, the DISTRICT shall submit said revised plans to CITY for CITY'S review and approval regarding the proposed reinforced concrete box conduit, which shall not be unreasonably withheld. 2 . DISTRICT shall cause the advertisement, awarding of a construction contract, performance of contract administration, and inspection of construction of the IMPROVEMENTS AND ADDITION described in Paragraph 1 above. • 3 . CITY shall be responsible for: A. Payment of the difference in the cost of the quantities of the portland cement concrete and reinforcing steel between a 16'W x 11.5'H reinforced concrete rectangular open channel and a 16' W x 11 .5' H reinforced concrete box conduit. Said difference in cost is estimated to be $11 , 000 . Final costs shall be determined based upon the bid unit prices applied to the final quantity estimates. If after opening bids, DISTRICT determines CITY'S cost based on bid prices will be in excess of $14 , 000, it shall not award a contract for construction of the IMPROVEMENTS inclusive of ADDITION, unless CITY approves such excess cost. B. Payment of 25% of CITY'S cost in paragraph 3 .A above as the cost of design, inspection and contract administration, hereinafter referred to as INSPECTION. The estimated cost of INSPECTION is $2 , 775. 4 . CITY shall pay to DISTRICT its share of the estimated costs for said ADDITION within 30 days of the issuance of the Notice to Proceed. Within 30 days after completion of construction of ADDITION, DISTRICT shall make a final • accounting of the actual cost of the ADDITION. CITY shall pay to DISTRICT within 30 days after the final accounting its share of the actual costs of ADDITION in excess of the estimated costs herein. DISTRICT shall refund to CITY within 30 days after the final accounting any overpayment by CITY of its share of the actual costs of ADDITION. 5. CITY shall indemnify, defend and hold harmless DISTRICT and its officers, employees, servants and agents, from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including, but not limited to, death or injury to any person and injury to any property, proximately resulting from any act or omission of CITY or any of its officers, employees , servants or agents in the performance of this Agreement. 6 . DISTRICT shall maintain the completed reinforced concrete box conduit within road right-of-way, as to structural and hydraulic integrity. 7 . DISTRICT shall indemnify, defend and hold harmless CITY and its officers, employees, servants and agents, from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including, but not limited to, death or injury to any person and injury to any property, proximately resulting from any act or omission of DISTRICT • or any of its officers , employees, servants or agents in the performance of this Agreement. 8 . In the event that DISTRICT fails to cause construction of IMPROVEMENTS including ADDITION within three years after the execution of this agreement by both parties, this agreement shall be null and void, and neither party shall have any further obligation under this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement. VENTURA COUNTY FLOOD CONTROL DISTRICT Dated: By: Chair, Board of Supervisors ATTEST: RICHARD D. DEAN, County Clerk of the County of Ventura and ex officio Clerk of the Board of Supervisors of the Ventura County Flood Control DISTRICT By Deputy Clerk CITY OF MOORPARK Dated: By: Bernardo M. Perez, Mayor ATTEST: HPYCMP3 .CON