HomeMy WebLinkAboutCity Council - 5744 RESOLUTION NO. 5744
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH TO COOPERATE WITH THE
ORANGE COUNTY FLOOD CONTROL DISTRICT IN THE
WIDENING OF BROOKHURST STREET AND THE LENGTHENING
OF THE BRIDGE ACROSS TALBERT CHANNEL
WHEREAS, the City of Huntington Beach desires to widen
Brookhurst Street including the existing bridge across Talbert
Channel, in the City of Huntington Beach; and
The Orange County Flood Control District desires to lengthen
the bridge to accommodate the future channel widening; and
The parties wish to combine such projects into one,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Huntington Beach that the Mayor and City Clerk are authorized
to execute Agreement No. D86-234, copy of which is attached hereto
as Exhibit "A" and made a part hereof by this reference.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 5th
day of January , 19 87
or
ATTEST: APPROVED AS TO FORM:
�j
City Clerk Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
i y Adm' ist at r Dire for of Public Works
1767L
C Amendment No. 1 to
Agreement No. D86-234
A G R E E M E N T
THIS AGREEMENT, for purposes of identification, hereby dated the 1/ f1c
3 .day of -1���.�.� ' 19�, is
4 BY AND BETWEEN
5 THE ORANGE COUNTY FLOOD CONTROL DISTRICT,
6 a body corporate and politic in the State of
California, hereinafter referred to as
7 "DISTRICT",
8 AND
9 THE CITY OF HUNTINGTON BEACH, a municipal
corporation, hereinafter referred to as "CITY".
10 W I T N E S S E T H
11 WHEREAS, DISTRICT and CITY have previously entered into Agreement No. D86-
12 234, dated March 3, 1987, to combine the widening and lengthening of Brookhurst Street
Bridge over Talbert Channel (Facility No. D02) into one PROTECT: and
WHEREAS, DISTRICT has selected an alignment of the ultimate Talbert Channel
15 which requires substantial revision to the design of the bridge; and
16 WHEREAS, DISTRICT and CITY wish to define the terms for the redesign of the
17 bridge.
18 NOW, THEREFORE, IT IS AGREED by and between the parties hereto that the
19 terms of Agreement D86-234 are amended as follows:
20 I. Paragraph I.A. and I.B. shall be amended and paragraphs I.M. and I.N. added
21 to read:
22 CITY SHALL:
23 A. Be the Lead Agency for PROJECT, and shall process all environmental
24 documents for the bridge widening portion of PROJECT, and shall process all clearances
from permitting agencies for the entire PROJECT.
B. Be the Contracting and Construction Agent for the parties to do and
27 perform all things necessary in order to design and construct PROJECT as specified
28 herein and as required in revised Exhibit A, "Scope of Work, Design of Brookhurst
-1-
Amendment No. 1 to
Agreement No. D86-234
1 Bridge Lengthening over Talbert Channel".
2 M. Be responsible for construction financing of street and bridge widening
3 portion of PROJECT.
4 N. Perform work within DISTRICT right-of-way under the terms defined in
5 Exhibit B of this Amendment.
6 II. Paragraphs II.A. and II.E. shall be amended and paragraphs II.G. , II.H. and
7 II.I. added to read:
8 DISTRICT SHALL:
9 A. Be responsible for processing all necessary environmental documents for
10 compliance with CEQA for the bridge lengthening portion of PROJECT.
11 E. Provide a Resident Engineer/Inspector during construction of PROJECT who
12 shall be responsible for securing completion of the bridgework in conformance with
3 the approved plans and specifications. The terms under which the DISTRICT bridge
4 inspector and CITY project engineer interact shall be defined in a separate document.
15 G. Be responsible for the cost of design and permit processing for the work
16 required by revised Exhibit A.
17 H. Provide CITY with right-of-entry to enter and construct work within
18 DISTRICT right-of-way subject to terms of Exhibit B of this amendment.
19 I. Grant permit to CITY for maintenance and operation of bridge.///
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Amendment No. 1 to
Agreement No. D86-234
r
IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its
2
Mayor and attested by its Clerk, and DISTRICT has caused this agreement to be executed
3
by the Chairman of its Board of Supervisors and attested by its Clerk, all thereunto
4
duly authorized by the City Council and the Board of Supervisors, respectively.
5 The C OF TINGTON B CH, municipal
6 corp ` ation
7
8 Dated: , 1987 y
Mayor
9
10 ATTEST: AP AS TO FO
11
12 t'
Clerk;of the Counc l 7-2/- .7 City Attorney
Gam'
The ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic in the State of
15 California
16
17 Dated: _ c / , 1987 B ✓
Chairman, Bbard u rvis rs
18
19 SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM:
THIS DOCUMENT HAS BEEN DELIVERED TO ADRIAN RUYPER, COUNTY COUNSEL
20 THE CHAIRMAN OF THE BOARD ORANGE COUNTY, CALIFORNIA
21
22 By
LINDA D. XOBERTS
23 Clerk of the Board of Supervisors
Date
24
27
28
SA:vmPWF02-18 -3-
r- Amendment No. 1 to
-greement No. D86-234
EXHIBIT A
EXHIBIT A SHALL BE AMENDED TO READ:
SCOPE OF WORK
DESIGN OF
BROOKEURST BRIDGE LENGTHENING OVER TALBERT CHANNEL (D02)
I. INTRODUCTION/OBJECTIVE
The objective of this design work is to provide a bridge of sufficient
length to span ultimate improvements for Talbert Channel, D02.
II. BACKGROUND INFORMATION
The City of Huntington Beach has retained Robert Bein, William Frost &
Associates, herein referred to as A-E, to widen existing Brookhurst Street
bridge over the existing channel width. This is a City-sponsored FAU
project. The DISTRICT is proposing to construct bridge lengthening
simultaneously with the CITY's FAU project. Accordingly, the DISTRICT has
budgeted funds for this project.
III. DESCRIPTION OF WORK
The work consists of the preparation of plans, specifications, and an
Engineer's Estimate for construction of the lengthening of Brookhurst Street
bridge to span the ultimate width of Talbert Channel and revision of plans
for widening of Brookhurst Street Bridge to be compatible with the
lengthening project. Design work includes design of pre-cast concrete sheet
piling to provide for future channel construction and design of retaining
walls to provide for maintenance access to the channel levees. The work
also includes processing permit applications to any and all regulatory
agencies having jurisdiction over PROJECT.
IV. SCOPE OF WORK
A. Design
The additional length of bridge to be designed shall be compatible with
the CITY's FAU project and consistent with the approved upstream channel
alignment and channel section as shown on Exhibit A-1. The ultimate
channel will be a rectangular concrete-lined channel with soft bottom,
and a base width of 150 feet. Centerline of channel is centerline of
right-of-way. Channel wall heights will be approximately 12 feet, with
maintenance roadways on both sides of the channel.
Channel lining should be in the form of prestressed precast 4-foot wide
sheetpile, 12 inches thick and approximately 35 feet in length capped
with a cast-in-place reinforced concrete bond beam poured continuously
along the top of the sheetpile.
Channel design shall include transition to the existing downstream levee
and shall be compatible with the proposed improvements by the Huntington
Beach Wetlands Conservancy.
Egress and ingress shall be provided for the existing channel
maintenance roadway. A-E shall design retaining walls as required for
access. Bridge guardrails shall be designed to accommodate the existing
channel facility and a future widening of the channel.
A
SCOPE OF WORK DESIGN OF Amendment No. 1 to
$ROOKHURST BRIDGE LENG °WING OVER TALBERT CHANNEL (DO2/ Agreement No. D86-234
EXHIBIT A
Structural design, plans, specifications and bridge geometrics shall be
in accordance with CITY's project. Verification of structural
calculations shall be the responsibility of the CITY.
B. Engineer's Estimate and Quantity Calculations
All bid items including detours used in the Engineer's Estimate shall be
described by quantity calculations and shall reflect current bid prices
as described in publications used by the construction trade. Quantity
calculations shall be neat, orderly, and show all sketches, diagrams,
and dimensions necessary to allow them to be independently used by field
inspectors and contractors.
C. Soils Investigation
All soils data required for the design of this project will be provided
by A-E.
D. Surveys
A-E shall establish survey controls which tie the D02 channel to the
Brookhurst Bridge widening/lengthening project.
E. Coordination
A-E shall coordinate with all affected agencies including, but not
limited to, Orange County Environmental Management Agency (EMA) and City
of Huntington Beach.
F. Meetings
A-E shall attend all meetings, as required by DISTRICT or CITY to
present the details of the project. Meetings shall include an initial
project kickoff meeting, biweekly status reports and an oral
presentation of the plans, specifications and Engineer's Estimates.
Minutes of all meetings shall be prepared by A-E and submitted to
DISTRICT for concurrence.
G. Final Design
After oral presentation, A-E shall complete all of the work described
herein as concurred by DISTRICT and CITY within 20 working days and
submit draft final plans to EMA/Flood Program Division Manager for
review and approval. DISTRICT shall have fifteen (15) calendar days to
review draft final plans for approval.
The final design requires approval by the EMA/Director of Public Works,
or his designee, and the Director of Public Works, City of Huntington
Beach,
H. Permits
A-E shall update permit applications as required to obtain permits for
the combined project from all regulatory agencies having jurisdiction
over PROJECT.
-2-
SCOPE OF WORK DESIGN OFF �` Amendment No. 1 to
BROOKHURST BRIDGE LENGT, ING OVER TALBERT CHANNEL (D02)�\ Agreement No. D86-234
EXHIBIT A
I. Compensation
Compensation for completion and approval of design where extra work is
not authorized shall be $38,536. Compensation for permit processing
shall be based on actual hours involved according to the Hourly Rate
Schedule on page 4. Estimated cost for permit processing is $15,424.
Total cost of contract shall not exceed $53,960.
A-E shall notify CITY and DISTRICT when eighty percent (80%) of the
estimated cost of permit processing has been reached and shall provide a
revised estimate of cost to complete the work required to obtain
issuance of all permits. DISTRICT reserves the right to complete
processing of permits using EMA staff, after submittal of all
applications by A-E, at DISTRICT'S discretion.
DISTRICT shall make progress payments to CITY not more often than
monthly, based on actual payments by City to A-E for design and permit
processing, for milestones completed. Progress payments for design
shall not exceed ninety percent (90%) prior to approval of final plans
by DISTRICT. Progress payments for permit processing shall not exceed
eighty percent (80%) of estimate prior to issuance of all required
permits.
1. Milestone Description - Design Fee
a. Oral presentation of plans, specifications and $ 17,341
estimate to DISTRICT and CITY staffs.
b. Submittal to DISTRICT of satisfactory draft $ 17,341
final plans which shall include, but not be
limited to: :
1. Plan Sheets showing:
all dimensions
reinforcement
details of bridge superstructure/substructure
pile spacing/pile details
foundation plan
abutment detail
utilities
channel sheet piling detail
channel access
channel retaining wall detail
2. Quantity Calculations
3. Specifications/Special Provisions
c. Written approval of final plans by DISTRICT $ 3,854
TOTAL COMPENSATION for DESIGN $ 38,536
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SCOPE OF WORK DESIGN OF Amendment No. 1 to
BROOKHURST BRIDGE LENGT(7 NG OVER TALBERT CHANNEL (D02)�^ Agreement No. D86-234
EXHIBIT A
2. Milestone Description - Permits Fee
a. Submittal of all required permit applications Actual hours up
to 80% of estimate
b. Issuance of all required permits by regulatory balance
agencies
TOTAL ESTIMATED COMPENSATION for PERMITS $ 15,424
J. Extra Work
1. If, subsequent to review and comments on the preliminary plans,
specifications and Engineer's Estimates, DISTRICT management
determines that additional changes, additions or deletions, will be
required for final approval, A-E will be paid for making the
changes, additions or deletions as extra work unless it is
determined by DISTRICT that the changes, additions or deletions are
needed because the design does not comply with the scope of work.
2. A-E shall be entitled to payment for extra work for any changes
which constitute a departure from the approved scope of work as
described herein. Said changes shall be required in writing by the
EMA/Director of Public Works or his designee. The amount paid for
extra work shall be based upon the hourly costs indicated below
(Hourly Rate Schedule) and shall not exceed twenty percent (20%) of
original cost. Invoices for extra work shall indicate the time
spent by individuals involved in the work.
Hourly Rate Schedule
Principal $90
Associate $80
Project Manager/Engineer $68
Project Manager/A-E subconsultant $60
Registered Engineer $55
Design Engineer $51
Designer $38
Senior Draf tsman $39
Draftsman $3 8
Engineering Aide $30
Clerical $18
SA:ltPWD53-1 -4-
7189
EXHIBIT A-1
Amendment No. 1 to
Agreement No. D86-234
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Amendment No. 1 to
Agreement No. D86-234
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EXHIBIT A-1
(' Amendment No. 1 to
Agreement No. D86-234
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( Amendment No. 1 to
Agreement No. D86-234
Exhibit B shall be added to read:
EXHIBIT B
Use of County property is hereby authorized subject to the following conditions:
A. A review has been made of permittee's bridge design, calculations and method
of access and related construction, insofar as it may affect Flood Control
District operations and facilities. It is mutually acknowledged that
issuance of this permit is not to be construed as County's approval for
permittee's design or adequacy of permittee's proposed bridge, nor does it
obligate County of Orange for future construction, maintenance, repair or
related liabilities of such.
Permitted bridge structure is to remain the property of permittee and
permittee acknowledges all responsibilities for operation, maintenance,
patrolling, repair, posting of adequate signs, control of public access and
related items necessary for public safety and use of said bridge.
B. City of Huntington Beach agrees to assume all responsibility for relocation,
modification, maintenance or removal of permitted facilities from Flood
Control District right-of-way, promptly upon written notice to do so,
entirely at its expense, when necessary for construction, reconstruction,
improvement or alteration of County's flood control works.
C. Permittee agrees to provide the contractor on the job site a copy of the
permit and complete set of plans stamped with County approval. All
materials used, method of construction and use of district property shall be
subject to inspection and approval by County's inspector. At least 48 hours
prior to the commencement of the permitted construction, permittee shall
notify County's inspector by telephone at 834-3488.
D. No construction of any use of flood control channel right-of-way shall be
permitted between December 15 and March 15 that may, in any way, obstruct
the flood-carrying capacity of the existing channel section. Permittee and
permittee'.s contractor shall be responsible for providing for the free flow
of storm runoff in the Flood Control District channel and tributaries to
said channel during the construction period and permittee agrees to assume
all liability for any and all damages that may result from such.
Construction within the floodway during the period October 15 to December 15
and March 15 to April 15 will be allowed only on the condition that the net
cross-section of waterway after deduction of piling, false work or other
construction materials would at all times be equal or larger than the
existing waterway area.
E. Permittee further agrees that use of the bridge by the public shall not be
permitted until the County's inspector has filed a completion report.
F. This permit shall become void in the event the use permitted is abandoned
for a period exceeding one year.
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it
EXHIBIT B
• i Amendment No. 1 to
" Agreement No.' D86-234
G. Fencing and gates to be installed or reconstructed as a part of this
project, adjacent to or within the County's right-of-way; shall be located
to the satisfaction of the County's inspector and shall be in accordance
with the Orange County, EMA Standard Plan 1412.
H. All fill placed in district's right-of-way and any excavation to be
backfilled shall be compacted to a relative density of at least 90% of the
maximum density as determined by California Test Method No. 216.
I. Permittee shall not leave vehicles or equipment or stockpile any material
upon any portion of County right-of-way except as approved by County's
inspector.
J. Permittee shall control dust and provide for passage of County or other
authorized vehicles to the satisfaction of County's assigned inspector.
K. Permittee acknowledges its responsibility to carry or require its contractor
to carry adequate workers' compensation, public liability and property
damage insurance coverage, in which the Orange County and Flood Control
District shall be named as joint insured with permittee.
SA:ltPWD53-2 -2-
7189
EXHIBIT B
Amendment No. I to
Agreement No. D86-234
STANDARD PROVISIONS
+- 1. Permits issued by this Agency are pursuant to the authority vested by the Board of Supervisors for the County of Orange,
Orange County Flood Control District and Orange County Harbors, Beaches.and Parks District, any one or all of which .
are hereinafter referred to as County.
2. Permittee agrees to save'County, its agencies,districts,etc., including Its officers;agents or employees, harmless from
any and all penalties, liabilities or loss resulting from claims.or court actions, arising directly out of any damage or
injury to persons or property by reason of the acts or omissions of Permittee, its agents, employees or independent
contractors, in exercising any of the privileges herein granted or in consequence thereof.
3. Should any damage or injury to County works occur,during initial use and/or as a result of this permitted use, either
through the acts of agents, servants or employees of Permittee or by any Independent contractor of Permittee in the
exercise of the rights herein granted, Permittee shall immediately, upon the written demand of County, restore such
works to the condition of same on the date of the occurrence of said damage or injury at Permittee's cost or expense.
The question as to whether or not any such damage or injury has been caused to the works shall be determined by
the Director of the Environmental Management Agency and his determination shall be final. In the event repair by County
is necessary, Permittee shall pay County the cost of such repairs.
4. County reserves the right unto itself to perform any work, upon any portion or all of the area covered by this permit,
or to do any other work necessary at any time. Such work may be performed without incurring any liability of any nature
whatsoever to the Permittee. It is further understood and agreed that County reserves unto itself the rights of ingress
over all or any portion of the subject area.
5. Neither this permit nor any of the rights herein granted shall be assigned without the prior written approval of the County._
6. By acceptance of this permit, Permittee acknowledges and assumes all responsibility for compliance with requirements
of their regulatory governing agencies including but not limited to zoning regulations, applicable ordinances and laws,
etc., of the County of Orange, the State of California, or others having regulatory control over the use granted herein.
All underground work requires 'Inquiry Identification Number' from Underground Service Alert Regional Notification
Center. (Ref:-Government Code,.Section 4216 and 4217)..
7. A copy of this permit and approved plans, if applicable, shall be maintained at the site of work and be shown to any
authorized representative of the County or other regulatory governing agency upon request.
8. No access or work shall be performed within County rights of way without the full knowledge of County's inspector,
who shall be given not less than two work days advance notice of the initiation of permitted use. Failure of Permittee
to obtain inspection shall void this permit and necessitate reapplication by Permittee.
Permittee further agrees that all operations within County rights of way shall be subject to"the"operations of County
and other authorized persons and under the control and to the satisfaction of County's inspector.
9. This permit may be immediately revoked for reasons in the best interest of the County including violation of permit
provisions or other applicable rules and regulations or for the creation of a nuisance upon notice given by the Director
of the Environmental Management Agency or authorized representative. In the event of such revocation, Permittee shall
Immediately cease all operations and restore County right of way as directed by County's inspector.
10.Any construction performed within County properties shall be in accordance with Orange County Environmental Manage-
ment Agency 'Standard Plans'and established criteria. Any deviation must be specifically detailed and highlighted
on plans in a manner meeting the approval of Public Property Permits Division.
No uses other than that as stated on this permit shall be exercised. Public right of way shall not be used for administrative
operations or storage of equipment, materials, supplies, etc.
-3-
n
Agreement No. D85-234
A G K F E M E N T
2 �I THIS AGREEMENT, for purposes of identification, hereby dated the
3 day of , 19,?-7, is
4 BY AND BETWEEN
5 THE ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic in the Stai:e of
6
California, hereinafter referred to as
7 "DISTRICT" ,
AND
8
9 THE CITY OF HUNTINGTON BEACH, a municipal
corporation, hereinafter referred to as 'CITY" .
10 W I T N E S S E T H
11 WHEREAS, CITY desires to wider. Brookhurst Street including existing bridge
12 across existing Talbert Channel, Facility No. D02, in the City of Huntington Beach?
1, I WHEREAS, a wider channel is needed to provide a 100-year frequen,:,, 'Level of
14 �i flood protection to homes and buildings within the City of Huntington Beach.
P 9 Y g
.15 WHEREAS, DISTR.IC-1' intends to eider. the D02 Channel at some future dE)t.:, as
4
lc; shown in the Talbert Val.".ey Channels Project Report of February 1985, AlternatilAc F,
17f� to convey the recommended design discharge; and
18 WHERFPS, DISTRICT desires to lengthen the bridge to accommodate the f.r-ture
19 channel widening; and
20 WHEREAS , construction of the ultimate bridge width and length at ore ,time
21 k.'_ll provide for future widening of Talbert Channel without f urther disruption. and
22 inconvenience to traffic; and
23 WHEREAS, DISTRICT desires to combine its bridge lengthening project. with
24 CITY's street and bridge widening project; and
j25 WMEREAS, the co-nbined street and bridge widening and bridge lengthening is
26 hereinafter referred to as PROJECT; and
27 WHEREAS, DISTRICT has included the amount of Eight Hundred and Tbirty
Thousand Dollars ($830,000) ii. the DISTRICT's program for fiscal year 1984-9'; fo.: the
-1-
Agreement No. D86-234
1 bridge lengthening portion of PROJECT.
2 NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
3 I. CITY SHALL:
4 A. Be the Lead Agency for PROJECT, and shall process all environmental
5 documents and clearances from permitting agencies for the bridge widening portion of
6 PROJECT.
7 B. Be the Contracting and Construction Agent for the parties to do and
8 perform all things necessary in order to design and construct PROJECT as specified
9 herein and as required in Exhibit A, "Scope of Work, Design of Brookhurst Bridge
10 Lengthening over Talbert Channel".
11 C. Be responsible for obtaining any right-of-way necessary for street
12 and bridge widening portion of PROJECT.
13 D. Forward to DISTRICT for review preliminary plans showing
14 improvements to be constructed including hydraulic and structural calculations.
15 E. Forward to DISTRICT final plans and specifications for approval.
16 Final hydraulic and structural calculations shall be submitted with the final plans.
17 F. Undertake and perform all the work of advertising for bids and
18 awarding the contract to the lowest responsible bidder.
19 G. Be responsible for quality control of materials and testing and soil
20 investigation for PROTECT.
21 H. Notify DISTRICT upon award of a contract for construction of PROJECT
22 and furnish DISTRICT with a summary of contract bids and a construction schedule.
23 I. Be responsible for any modifications, relocation or reconstruction
124 of utilities and for obtaining utility permits necessary for the construction of the
25 PROJECT.
26 J. Obtain written approval of the Director, Environmental Management
27 Agency, or his designee, of any change order on bridge lengthening portion of the
28
PROTECT prior to authorizing the work.
-2-
Agreement No. D86-234
1 R. File a Notice of Completion and furnish to DISTRICT for file
2 purposes, two copies of the Notice of Completion and one set of the "As Built"
3 construction drawings.
4 L. Upon acceptance of construction be responsible for the operation and
5 maintenance of any street and bridge improvements including local drainage inlets.
6 II. DISTRICT SRALL:
7 A. Be responsible for processing all necessary environmental documents
8 and clearances from permitting agencies required for the bridge lengthening portion of
9 PROJECT.
10 B. Be responsible for acquiring any right-of-way required for the
11 bridge lengthening portion of the project in excess of that required for street
12 widening.
13 C. Be responsible for the construction financing of the bridge
14 lengthening portion of the project.
15 D. Be responsible for one hundred percent (100%) of DISTRICT staff
16 costs for review of plans and specifications.
17 E. Provide a Resident Engineer/Inspector during construction of PROJECT
18 who shall be responsible for securing completion of the work in conformance with the
19 approved plans and specifications.
20 F. Upon acceptance of construction be responsible for the operation and
21 maintenance of the channel portion of the project.
22 III. PAYMENTS AND FINAL ACCOUNTING:
23 A. DISTRICT shall deposit with CITY within 45 days after construction
24 contract is awarded the contract amount attributed to the bridge lengthening portion
25 of PROJECT.
26 B. CITY shall make progress payments to Contractor during construction
27 of the bridge lengthening portion of PROJECT. Progress payments shall not exceed a
28 total of ninety percent (90%) of the original contract amount for DISTRICT's share of
-3-
Agreement No. D8-6-234
1 the PROJECT, pending approval of the Final Accounting Report of PROJECT.
2 Y
C. 1. Within ninety (90) days after the acceptance of the improvement
3 under the contract by CITY, CITY shall submit to DISTRICT for review and approval by
4 DISTRICT a Final Accounting Report which shall contain a certification signed by the
5 CITY'S Director of Public Works or his designee, that all expenditures applicable to
6
PROJECT have been made and that copies of all invoices and warrants are on file with
7 CITY and shall be made available to DISTRICT upon request.
8 2. If said Final Accounting Report as approved by DISTRICT shows
9 that the total cost to DISTRICT is less than the amount deposited with CITY, CITY
10 shall reimburse DISTRICT the difference between the amount deposited and the actual
11 cost within 30 days of DISTRICT'S invoice therefor. If said Final Accounting Report
12 as approved by DISTRICT shows that the total cost to DISTRICT is more than the amount
3 deposited by DISTRICT, DISTRICT shall reimburse CITY for the difference between the
4 amount deposited and the actual cost within 30 days of CITY'S invoice therefor.
15 IV. IT IS MUTUALLY AGREED AS FOLLOWS:
16 A. If CITY does not award contract for PROJECT within three (3) years
17 from the date of this agreement, the obligation of CITY and DISTRICT under this
18 agreement may be terminated by either party by a thirty (30) calendar days written
19 notice to the other party.
20 B. As the CITY has obligated itself to the Federal Highway
21 Administration and the Orange County Transportation Commission for the Brookhurst
22 Street Bridge Widening FAU Project, it is understood that the project is to be
23 designed to allow for construction of the CITY's FAU bridge widening project without
24 the DISTRICT's bridge lengthening portion but with provisions for a future lengthening
15 of the bridge, and also to allow for construction of the combined CITY and DISTRICT
6 Project.
27 C. The bridge lengthening project and the bridge widening project will
28 be submitted to CALTRANS for a single review.
-4-
Agreement No. D86-234
1 D. The construction contract requirements of Federal Minimum Wages and
2 Disadvantage Business and Women-owned Business Enterprise participation will apply to
3 the whole project regardless of the funding.
4 E. Should, for any reason, a delay in construction be evident due to
5 the DISTRICT'S bridge lengthening portion of the project, the CITY shall have the
6 option to proceed with construction of the bridge widening project; CITY shall then
7 have no further obligation relating to the bridge lengthening project and DISTRICT
8 shall then have no further obligation to provide a Resident Engineer/Inspector.
9 Should the CITY choose to exercise its option to proceed with the
10 bridge widening portion of the project without the bridge lengthening portion of the
11 project, CITY agrees that it shall provide thirty (30) day written notice to DISTRICT.
12 F. That neither DISTRICT nor any officer or employee thereof shall be
3 responsible for any damage or liability occurring by reason of anything done or
14 omitted to be done by CITY under or in connection with any work, authority or
15 jurisdiction delegated to CITY under this agreement. It is also understood and agreed
16 that, pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend,
17 and hold DISTRICT harmless from any liability imposed for injury (as defined by
18 Government Code Section 810.8) , occurring by reason of anything done or omitted to be
19 done by CITY under or in connection with any work, authority or jurisdiction delegated
20 to CITY under this agreement.
21 G. That neither CITY nor any officer or employee thereof shall be
22 responsible for any damage or liability occurring by reason of anything done or
23 omitted to be done by DISTRICT under or in connection with any work, authority or
24 jurisdiction not delegated to CITY under this agreement. It is also understood and
15 agreed that, pursuant to Government Code Section 895.4, DISTRICT shall fully
26 indemnify, defend, and hold CITY harmless from any liability imposed for injury (as
27 defined by Government Code Section 810.8) , occurring by reason of anything done or
28 omitted to be done by DISTRICT under or in connection with any work, authority or
-5-
Agreement No. D86-234
1 jurisdiction not delegated to CITY under this agreement.
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9
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-6-
Agreement No. D86-234
1 IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its
2 Mayor and attested by its Clerk, and DISTRICT has caused this agreement to be executed
3 by the Chairman of its Board of Supervisors and attested by its Clerk, all thereunto
4 duly authorized by the City Council and the Board of Supervisors, respectively.
5 The C T F HUNT NGT704EACH, a municipal
6 corpo at /J/
7
Dated: 19 By
8 Mayo
9
ATTEST: APPROVED AS TO FORM:
10
i
12 Clerk of the Council City Attorney
1114
3
The ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic in the State of
California
15
16 _
Dated: MAR 3 1987 1986 By
17 Ofihirman, Board of Supervisors
cz-
18
SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM:
19 THIS DOCUMENT HAS BEEN DELIVERED TO ADRIAN RUYPER, COUNTY COUNSEL
20 THE CHAIRMAN OF THE BOARD ORANGE COUNTY, CALIFORNIA
21 '
22 By
LINDA D. ROBERTSM AR 7 7
Clerk of the Board of Supervisors �' - -� v
23 Date
24
25
26
27
28
SA:bhPWF02-18 -7-
6303
EXHIBIT A Agreement No. D86-234
SCOPE OF WORKr
DESIGN OF
BROOKHURST BRIDGE LENGTHENING OVER TALBERT CHANNEL (D02)
s
I. INTRODUCTION/OBJECTIVE
Approved Project Report, dated February 1985, and EIR No. 445 for Talbert
Valley Channel System composed of Talbert Channel (D02) , Huntington Beach
Channel (D01) , and Fountain Valley Channel (D05) recommend widening of these
channels to adequately convey peak flows calculated for the current design.
flow criteria of providing a 100-year frequency level of flood protection to
homes and buildings. D02 crosses existing Brookhurst Street bridge which
the City of Huntington Beach is proposing to widen. To accommodate a wider
channel, the bridge must be lengthened. The bridge lengthening portion of
the project shall be defined as that extension of the bridge from the
existing abutment to the new abutment required to span the ultimate width of
Talbert Channel.
The objective of this design work is to provide a bridge of sufficient
length to span ultimate improvements for Talbert Channel, D02.
II. BACKGROUND INFORMATION
The City of Huntington Beach has retained Robert Bein, William Frost &
Associates, "A/E", to widen existing Brookhurst Street bridge over the
existing channel width. This is a City-sponsored FAU project. The DISTRICT
is proposing to accomplish bridge lengthening simultaneously with the CITY's
FAU project. Accordingly, the DISTRICT has budgeted funds for this project.
III. DESCRIPTION OF WORK
The work consists of the preparation of plans, specifications, and an
Engineer's Estimate for construction of the lengthening of Brookhurst Street
bridge to span the ultimate width of Talbert Channel.
IV. SCOPE OF WORK
A. Design
The additional length of bridge to be designed shall be compatible with
the CITY's FAU project and consistent with the approved Project Report,
1 -1-
SCOPE OF WORK DESIGN OF Agreement No, D86-234
'BROOK.HURST BRIDGE LE P-MENING OVER TALBERT CHANNEL (D0�,1 EXHIBIT A
Alternate F, and EIR for Talbert Valley channels. The report recommends
a trapezoidal channel with invert width of 160 feet and reinforced
concrete side slopes of 1.5 horizontal to 1 vertical. Channel wall
heights will be 12 feet, with maintenance roadways on both sides of the
channel.
Egress and ingress shall be provided for the existing channel
maintenance roadway. Bridge guardrails shall be designed to accommodate
the existing channel facility and a future widening of the channel.
Structural design, plans, specifications and bridge geometries shall be
in accordance with CITY's project. Verification of structural
calculations shall be the responsibility of the CITY.
The design shall provide for construction as a combined project with the
bridge widening and shall also provide an alternative for construction
after the bridge widening is completed.
The designs for both widening and lengthening must be compatible and
acceptable to both the CITY and the DISTRICT.
B. Engineer's Estimate and Quantity Calculations
All bid items including detours used in the Engineer's Estimate shall be
described by quantity calculations and shall reflect current bid prices
as described in publications used by the construction trade. Quantity
calculations shall be neat, orderly, and show all sketches, diagrams,
and dimensions necessary to allow them to be independently used by field
inspectors and contractors.
C. Soils Investigation
All soils data required for the design of this project will be provided
by A/E.
-2-
SCOPE OF WORK DESIGN OF Agreement No. D86-234
BROOKHURST BRIDGE L7'1 HENING OVER TALBERT CHANNEL (D�''r EXHIBIT A
D. Surveys
A/E shall establish survey controls which tie the D02 channel,
Alignment F, to the Brookhurst bridge widening/lengthening project.
E. Coordination
A/E shall coordinate with all affected agencies including, but not
limited to, Orange County Environmental Management Agency, "EMA" and
City of Huntington Beach.
F. Meetings
A/E shall attend all meetings, as required by DISTRICT or CITY to
present the details of the project. Meetings shall include an initial
project kickoff meeting, biweekly status reports and an oral
presentation of the plans, specifications and Engineer's Estimates.
Minutes of all meetings shall be prepared by A/E and submitted to
DISTRICT for concurrence.
G. Final Design
After oral presentation, A/E shall complete all of the work described
herein as concurred by DISTRICT and CITY within 30 working days and
submit said work to EMA Flood Program Division Manager for review and
approval.
The final design requires approval by the EMA Director of Public Works,
or his designee, and the Director of Public Works, City of Huntington
Beach.
-3-
OF WORK DESIGNSCOPF. Agreement No. D86-234
BROOKHURST BRIDGE LEA HENING OVER TALBERT CHANNEL (DC., EXHIBIT A
H. Compensation
DISTRICT shall deposit with CITY the full cost of design of additional
length of bridge performed by A/E. A/E shall be compensated for bridge
lengthening by CITY as follows:
1. Monthly progress payments shall be made up to a maximum of
seventy-five percent (75%) of total A/E cost prior to submittal of
preliminary plans, specifications and Engineer's Estimates for
review by CITY and DISTRICT.
2. Payment for services performed shall be made on a monthly basis
based upon percentage of completion, up to ninety percent (90%) of
each milestone as defined below less previous payment under
Item H.1. herein upon approval of preliminary plans, specifications
and Engineer's Estimates by EMA Flood Program Division Manager.
Milestone Description Fee
a. Research and Investigation $ 1,000
b. Surveys $ 850
c. Soils Investigation $ 2,000
d. Structural Design $ 4,000
e. Plans $ 7,500
f. Specifications $ 850
g. Engineer's Estimate and Quantity Calculations $ 120
h. Meetings and Coordination $ 2,200
TOTAL COMPENSATION $ 18,500
*Reproduction and Blueprinting $
(not a milestone)
*Reimbursement for costs incurred by A/E, but not to exceed the
budget amount shown without prior authorization.
-4-
SCOPE OF WORK DESIGN OF Agreement No. D86-234
" BROOftHURST BRIDGE LEr H;NING OVER TALBERT CHANNEL (D EXHIBIT A
I. Extra Work
1. I€, subsequent to review and comments on the preliminary plans,
specifications and Engineer's Estimates, DISTRICT management
determines that additional changes, additions or deletions, will be
required for final approval, A/E will be paid for making the
changes, additions or deletions as extra work unless it is
determined by DISTRICT that the changes, additions or deletions are
needed because the design does not comply with the scope of work.
2. A/E shall be entitled to payment for extra work for any changes
which constitute a departure from the approved scope of work as
described herein. Said changes shall be required in writing by the
Director, EMA or his designee. The amount paid for extra work shall
be based upon the hourly costs indicated below (Hourly Rate
Schedule) and shall not exceed twenty percent (20%) of original
cost. Invoices for extra work shall indicate the time spent by
individuals involved in the work.
Hourly Rate Schedule
Principal $
Associate $
Project Manager/Engineer $
Registered Engineer $
Design Engineer $
Senior Draftsman $
Draftsman $
Clerical $
Engineering Aide $
PWD53-1 -5-
6303
RESOLUTION NO. 5744
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH TO COOPERATE WITH THE
ORANGE COUNTY FLOOD CONTROL DISTRICT IN THE
WIDENING OF BROOKHURST STREET AND THE LENGTHENING
OF THE BRIDGE ACROSS TALBERT CHANNEL
WHEREAS, the City of Huntington Beach desires to widen
Brookhurst Street including the existing bridge across Talbert
Channel, in the City of Huntington Beach; and
The Orange County Flood Control District desires to lengthen
the bridge to accommodate the future channel widening; and
The parties wish to combine such projects into one,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Huntington Beach that the Mayor and City Clerk are authorized
to execute Agreement No. D86-234, copy of which is attached hereto
as Exhibit "A" and made a part hereof by this reference .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 5th
day of January , 19 87
or
ATTEST: APPROVED AS TO FORM:
l7 ,
City Clerk �:1_ rlCity Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
i y Adm ' ist at r Dire for of Public Worksj-
1767L
Re .;o. 5744
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I , ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council
at a regular meeting thereof held on the 5th day
of January 19 87 by the following vote:
APES : Councilmen:
Wi nchp , Mays - Finley, Ke 1y. Green, Bannister
NOES : Councilmen:
None
ABSENT: Councilmen:
Erskine
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
The foregoing instrument is a correct copy
of the original on file in this office.
J
Ir�
Res. No. 5744
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) s s:
CITY OF IiM INGTON BEACH )
1, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council
at a regular meeting thereof held on the 5th day
of January 19 87 by the following vote:
AYES: Councilmen:
14inchpll , Ma vs. FinIPX, KellX, Green, .Bannister
NOES: Councilmen:
None
ABSENT: Councilmen:
Erskine
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California