HomeMy WebLinkAboutCounty of Orange - 2018-04-021
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MA-080-18010970
AGREEMENT
FOR CONSTRUCTION OF PERIODIC NOURISHMENT OF THE
ORANGE COUNTY BEACH EROSION CONTROL PROJECT
STAGE 13
This AGREEMENT is made and entered into the Jn�L day of I"7 2018
by and between
COUNTY OF ORANGE, a political
Subdivision of the State of California,
hereinafter called "COUNTY"
and
CITY OF HUNTINGTON BEACH, a municipal
Corporation hereinafter called "CITY".
WHEREAS, Congress has, by the enactment of Public Law 874, 87`h Congress, specifically
adopted and authorized a beach erosion control project from Anaheim Bay Harbor to Newport Bay in
Orange County, California, providing for Federal participation amounting to 67 percent of the first and
periodic nourishment and maintenance costs, in accordance with the plans and subject to the conditions
recommended by Chief of Engineers in House Document No.602, 871h Congress. Non -Federal Sponsors,
consisting of State of California Department of Parks and Recreation Division of Boating and Waterways
(hereafter called "STATE") and Local Sponsors, including Surfside Colony Storm Water Protection
District, CITY, Newport Beach, and COUNTY, shall provide for remaining 33 percent of total costs.
WHEREAS, STATE is authorized under Harbors and Navigation Code Section 67.2 to expend
State fiends appropriated for the Orange County Beach Erosion Control Project (hereafter called
"PROJECT").
WHEREAS, under Harbors and Navigation Code Section 69.6, STATE administers the
California Public Beach Restoration Program funding of Non -Federal project cost; 100 percent funding of
coastal state parks and state beaches, and 85 percent funding of non -state public beaches, with a 15
percent match from Local Sponsors provided as funds or in -kind services, for restoration, nourishment, or
enhancement with placement of sand on the beach or nearshore.
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WHEREAS, the implementation of PROJECT is of direct benefit to the beaches owned or leased
and operated by cities of Huntington Beach, Newport Beach and Surfside Colony community in
providing a source of beach sand for replenishment of natural erosion of said beaches.
WHEREAS, the United States Army Corps of Engineers will undertake PROJECT Stage 13 at a
total estimated project cost of $18,125,000 and construction phase financed on the following basis:
Construction
Federal Government $10,643,750
STATE $ 4,776,364
Local Sponsors $ 466,080
TOTAL $15,886,194
WHEREAS, the Non -Federal Sponsor's PROJECT Stage 13 construction is based upon the
proportionate percentage of beneficial beach frontage owned or leased by each entity, approximately
67,000 linear feet from Anaheim Bay to Newport Pier within the Federal PROJECT area.
WHEREAS, the COUNTY, on behalf of the Local Sponsors identified herein below, shall pay
the STATE $466,080 for Stage 13 construction. The PROJECT construction cost breakdown for Local
Sponsors are as follows:
Local Sponsors Construction
Surfside Colony Storm
Water Protection District $ 35,802
CITY $281,966
City of Newport Beach $139,018
COUNTY $ 9,294
2 4
25
TOTAL
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NOW THEREFORE, the parties hereto do mutually agree as follows:
I.
COUNTY agrees to coordinate said PROJECT Stage 13 with CITY, other Local Sponsors, and
STATE to the mutual benefit of all parties concerned. The City of Huntington Beach shall assume
responsibility as the project lead for future beach nourishment stages, representing Local Sponsors and
coordinating with the State to the mutual benefit of all parties.
11.
CITY agrees to pay COUNTY immediately after approval of this agreement by all parties hereto,
CITY's cost share portion of PROJECT Stage 13 construction in the amount of $281,966.
COUNTY shall, on or immediately after approval of this agreement and similar agreements by all
of the aforementioned Local Sponsors and receipt of billing from STATE, pay the Local Sponsors'
portion of the PROJECT construction in the amount of $466,080 to STATE to facilitate implementation
of said PROJECT Stage 13 construction.
IV.
CITY shall be reimbursed the remaining balance of their contribution proportional to the project
cost share ratio, deducting the cost incurred for preconstruction, engineering, and design within 120 days
after determination that Federal or STATE funds are not available for PROJECT construction.
V.
COUNTY will obtain from STATE, the agency coordinating the PROJECT Stage 13 with the
United States Army Corps of Engineers, an accounting of all expenditures of finds received for
PROJECT Stage 13 within 120 days following the completion of construction.
VI.
CITY agrees funds remaining upon the completion of PROJECT Stage 13 shall be applied
towards Non Federal Sponsor's share for post construction monitoring. CITY agrees any outstanding
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MA-080-18010970
funds from the final accounting shall be applied towards PROJECT Stage 14, credited proportionately
between the STATE and each of Local Sponsors, in a ratio equal to their respective contributions.
VII.
To the extent permitted by law, CITY shall indemnify and save harmless COUNTY, its officers,
agents, and employees from and against all claims, demands, loss or liability of any kind or nature which
CITY, its officers, agents, and employees may sustain or incur or which may be imposed upon them or
any of them for injury to or death of persons, or damage to property as a result of the negligence or
wrongful act or omission by COUNTY, its officers, agents, employees, or invitees in carrying out the
terms of this agreement or exercising the rights herein granted.
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DocuSign Envelope ID: C0853121-7FFF-4C30-951 0-FB31 B7F8D4BD
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date opposite their
respective signatures:
Date:— It
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD.
_
IVY
obin Steiler
Clerk`of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
Deputy County Counsel
ORANGE COUNTY, CALIFORNIA
Doc1uSipned bY:
/
By:
Deputy ounty Counsel
Justin A Graham
COUNTY OF ORANGE, a political subdivision
of the State of California
By:
Chair of the Board of Supervisors
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date opposite their
respective signatures:
-ate:
REVIEWED AND APPROVED:
% ity M�,anager
CITY OF HUNTINGTON BEACH, a municipal
ATTEST: �P� 9'444'n��
City Clerk
APPROVED AS TO FORM:
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O)CpublicWorks
Integrity, Accountability, Service, Trust
Shane L. Silsby, Director
Date:
To:
6/11/2018
City of Huntington Beach
Public Works Department
2000 Main Street
Huntington Beach
Attention: Todd Broussard, Principal City Engineer
Subject: Surfside Sunset Beach Nourishment Project Construction
Agreement
The following items are transmitted : Herewith:
Under Separate Cover: ❑
Via: ❑Mail
Number of
Copies
Description
1
Agreement for Construction of Periodic Nourishment of the Orange County Beach Erosion
Control Project -Full Executed original wet signatures)
The above items are submitted:
At your request:
❑
For your use:
❑
For your review & comments:
❑
For your approval:
❑
For your action:
❑
For your files:
Remarks:
Sent by : Ann Mesa, OCPW Received
(714) 955-0619 by:
300 N. Flower Street, Santa Ana, CA 92703
P.O. Box 4048, Santa Ana, CA 92702-4048
www.ocpublicworks.com
714.667.8800 1 Info@OCPW.ocgov.com
jovr�
Dept. ID PVC/ 18-008 Page 1 of 2
Meeting Date: 4/2/2018
)gPPQUV6-D 7-0
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE:
4/2/2018
SUBMITTED TO:
Honorable Mayor and City Council Members
SUBMITTED BY:
Fred A. Wilson, City Manager
PREPARED BY:
Travis K. Hopkins, PE, Director of Public Works
SUBJECT:
Approve and authorize execution of an Agreement for Construction of Periodic
Nourishment of the Orange County Beach Erosion Control Project, Stage 13 for
beach sand replenishment
Statement of Issue: Approval of an agreement is requested between the City of Huntington Beach
and the County of Orange as a participating agency in the Orange County Beach Erosion Control
Project, Stage 13, for beach sand replenishment.
Financial Impact: $281,966 is budgeted in Infrastructure Fund Account 31440001.82000.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute "Agreement for Construction of Periodic
Nourishment of the Orange County Beach Erosion Control Project, Stage 13"
Alternative Action(s): Do not approve and direct staff on how to proceed
Analysis: The City has been working with other coastal cities, including Surfside Colony and the
City of Newport Beach, together with the County of Orange, the State of California, and the U.S.
Army Corps of Engineers, since 1963, to allow Orange County to serve as lead agency in dealing
with the Army Corps of Engineers for the sand replenishment project. The beach is supplied with
sand from various rivers and tributaries in Orange and Los Angeles Counties. Over the years, flood
control projects, jetties, and harbor development have inhibited the littoral drift currents that
distribute sand along the coast, therefore, periodic replenishment is necessary.
From 1964 to date, there have been 12 replenishment projects. The last replenishment project was
in 2008. Stage 13 is a continuation of this program. The Stage 13 project area extends from
Anaheim Bay Harbor to the Newport Pier. Federal, State, and local sponsors (shoreline
owners/agencies) provide funding according to an established formula specified in the agreement.
The construction phase project cost is $15,886,194 with the cost share breakdown as follows:
Federal Government
State
Local Sponsors
TOTAL
Construction
$10,643,750
$ 4,776,364
$ 466,080
$15,886,194
HQ_i4i_ Item 5.- 1
Dept. ID PW 18-008 Page 2 of 2
Meeting Date: 4/2/2018
The cost to the local sponsors is based upon each respective agency's proportionate percentage of
67,000 linear feet within the Federal Project Area (from Anaheim Bay to Newport Pier).
LOCAL SPONSORS Construction
Surfside Colony, Storm Water Protection District $ 35,802
City of Huntington Beach $281,966
City of Newport Beach $139,018
County of Orange 9,294
TOTAL: $466,080
The City's share of $281,966 is included in the FY 2017/18 budget.
Environmental Status: Not applicable
Strategic Plan Goal: Enhance and maintain infrastructure
Attachment(s):
1. "Agreement for Construction of Periodic Nourishment of the Orange County Beach Erosion
Control Project, Stage 13."
Item 5, - 2 HB -1 42-
Esparza, Patty
From: Mesa, Ann [Ann.Mesa@ocpw.ocgov.com]
Sent: Thursday, March 22, 2018 1:30 PM
To: Broussard, Todd; Esparza, Patty
Cc: McLean, Robert; Khan, Nardy; Frondoso, Edward; Herbel, Tom
Subject: RE: Beach Nourishment - Const. Phase
Todd,
The County will need 3 wet signatures'of the agreement executed by City Council . You can send them to me and I can
distribute it accordingly for Board approval. We will send you the fully executed copy(ies) of the agreement once
approved by the Board of Supervisors. How many copies with wet signatures do you require for your records?
Thanks,
ANN MESA I OC PUBLIC WORKS I OC INFRASTRUCTURE PROGRAMS I MAINTENANCE ENGINEERING SUPPORT
2301 N Glassell St I Orange, CA 92865 I ph 714. 955.o6i9 I ann mesa@.o_cpw..ocgov.co.m
From: Broussard, Todd [mailto:tbroussard(asurfcity-hb.orcl]
Sent: Thursday, March 22, 2018 1:02 PM
To: Esparza, Patty; Mesa, Ann
Cc: McLean, Robert; Khan, Nardy; Frondoso, Edward; Herbel, Tom
Subject: RE: Beach Nourishment - Const. Phase
Patty,
The Beach Nourishment Agreement is on our City Council Agenda for April 2. We will be executing first and then
sending to the County for their Board action and execution. Do we still require a wet signature copy from the County
once it is fully executed?
Who should the Agreement be sent to after the City executes it?
Thanks
Todd
M. Todd Broussard, PE, MPA
Principal Civil Engineer
City of Huntington Beach
Public Works Department
2000 Main Street
Huntington Beach, CA
(714)536-5247
From: Mesa, Ann [mailto:Ann.Mesa (abocpw.ocgov.com]
Sent: Monday, February 26, 2018 3:41 PM
To: Broussard, Todd; Herbel, Tom
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MA-080-18010970
AGREEMENT
FOR CONSTRUCTION OF PERIODIC NOURISHMENT OF THE
ORANGE COUNTY BEACH EROSION CONTROL PROJECT
STAGE 13
This AGREEMENT is made and entered into the 21� day of ]-7 , 2018
by and between
COUNTY OF ORANGE, a political
Subdivision of the State of California,
hereinafter called "COUNTY'
and
CITY OF HUNTINGTON BEACH, a municipal
Corporation hereinafter called "CITY'.
WHEREAS, Congress has, by the enactment of Public Law 874, 87`t' Congress, specifically
adopted and authorized a beach erosion control project from Anaheim Bay Harbor to Newport Bay in
Orange County, California, providing for Federal participation amounting to 67 percent of the first and
periodic nourishment and maintenance costs, in accordance with the plans and subject to the conditions
recommended by Chief of Engineers in House Document No.602, 871h Congress. Non -Federal Sponsors,
consisting of State of California Department of Parks and Recreation Division of Boating and Waterways
(hereafter called "STATE") and Local Sponsors, including Surfside Colony Storm Water Protection
District, CITY, Newport Beach, and COUNTY, shall provide for remaining 33 percent of total costs.
WHEREAS, STATE is authorized under Harbors and Navigation Code Section 67.2 to expend
State funds appropriated for the Orange County Beach Erosion Control Project (hereafter called
"PROJECT").
WHEREAS, under Harbors and Navigation Code Section 69.6, STATE administers the
California Public Beach Restoration Program funding of Non -Federal project cost; 100 percent funding of
coastal state parks and state beaches, and 85 percent funding of non -state public beaches, with a 15
percent match from Local Sponsors provided as funds or in -kind services, for restoration, nourishment, or
enhancement with placement of sand on the beach or nearshore.
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WHEREAS, the implementation of PROJECT is of direct benefit to the beaches owned or leased
and operated by cities of Huntington Beach, Newport Beach and Surfside Colony community in
providing a source of beach sand for replenishment of natural erosion of said beaches.
WHEREAS, the United States Army Corps of Engineers will undertake PROJECT Stage 13 at a
total estimated project cost of $18,125,000 and construction phase financed on the following basis:
Construction
Federal Government $10,643,750
STATE $ 4,776,364
Local Sponsors $ 466,080
TOTAL 15.886.194
WHEREAS, the Non -Federal Sponsor's PROJECT Stage 13 construction is based upon the
proportionate percentage of beneficial beach frontage owned or leased by each entity, approximately
67,000 linear feet from Anaheim Bay to Newport Pier within the Federal PROJECT area.
WHEREAS, the COUNTY, on behalf of the Local Sponsors identified herein below, shall pay
the STATE $466,080 for Stage 13 construction. The PROJECT construction cost breakdown for Local
Sponsors are as follows:
Local Sponsors Construction
Surfside Colony Storm
Water Protection District $ 35,802
CITY $281,966
City of Newport Beach $139,018
COUNTY 9,294
TOTAL
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NOW THEREFORE, the parties hereto do mutually agree as follows:
I.
COUNTY agrees to coordinate said PROJECT Stage 13 with CITY, other Local Sponsors, and
STATE to the mutual benefit of all parties concerned. The City of Huntington Beach shall assume
responsibility as the project lead for future beach nourishment stages, representing Local Sponsors and
coordinating with the State to the mutual benefit of all parties.
II.
CITY agrees to pay COUNTY immediately after approval of this agreement by all parties hereto,
CITY's cost share portion of PROJECT Stage 13 construction in the amount of $281,966.
Ill.
COUNTY shall, on or immediately after approval of this agreement and similar agreements by all
of the aforementioned Local Sponsors and receipt of billing from STATE, pay the Local Sponsors'
portion of the PROJECT construction in the amount of $466,080 to STATE to facilitate implementation
of said PROJECT Stage 13 construction.
IV.
CITY shall be reimbursed the remaining balance of their contribution proportional to the project
cost share ratio, deducting the cost incurred for preconstruction, engineering, and design within 120 days
after determination that Federal or STATE funds are not available for PROJECT construction.
IN
COUNTY will obtain from STATE, the agency coordinating the PROJECT Stage 13 with the
United States Army Corps of Engineers, an accounting of all expenditures of funds received for
PROJECT Stage 13 within 120 days following the completion of construction.
VI.
CITY agrees funds remaining upon the completion of PROJECT Stage 13 shall be applied
towards Non Federal Sponsor's share for post construction monitoring. CITY agrees any outstanding
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funds from the final accounting shall be applied towards PROJECT Stage 14, credited proportionately
between the STATE and each of Local Sponsors, in a ratio equal to their respective contributions.
VII.
To the extent permitted by law, CITY shall indemnify and save harmless COUNTY, its officers,
agents, and employees from and against all claims, demands, loss or liability of any kind or nature which
CITY, its officers, agents, and employees may sustain or incur or which may be imposed upon them or
any of them for injury to or death of persons, or damage to property as a result of the negligence or
wrongful act or omission by COUNTY, its officers, agents, employees, or invitees in carrying out the
terms of this agreement or exercising the rights herein granted.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date opposite their
respective signatures:
Date:
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD.
Robin Steiler
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
Deputy County Counsel
ORANGE COUNTY, CALIFORNIA
By:
Deputy County Counsel
COUNTY OF ORANGE, a political subdivision
of the State of California
IN
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Chair of the Board of Supervisors
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date opposite their
respective signatures:
Date:
REVIEWS PPROVED:
Yty janager
CITY OF HUNTINGTON BEACH, a municipal
ATTEST: .
City Clerk
APPROVED AS TO FORM:
- 6 -
ttorney b \- 3IZ�\
^A,V
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clerk
IZobin Estanislau, City Clerk
April 5, 2018
Ann Mesa
OC Public Works
2301 N. Glassell Street
Orange, CA 92865
Dear Ms. Mesa:
Enclosed are three executed originals of the "Agreement for Construction of Periodic
Nourishment of the Orange County Beach Erosion Control Project Stage 13."
Upon complete execution, please return one original to us. Please mail the Agreement to:
Sincerely,
el�� �&/
at
Robin Estanislau, CIVIC
City Clerk
RE:ds
Enclosure
Robin Estanislau
City Clerk
2000 Main Street, 2�d Floor
Huntington Beach CA 92648
Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand
Switzer, Donna
From: Mesa, Ann [Ann. Mesa@ocpw.ocgov.com]
Sent: Thursday, April 05, 2018 12:07 PM
To: Switzer, Donna
Cc: Broussard, Todd; Esparza, Patty
Subject: RE: Beach Nourishment Agreement
Donna,
Excellent! Thank you for sending it.
The agreement is scheduled for the May 22 Board date.
ANN MESA I OC PUBLIC WORKS I OC INFRASTRUCTURE PROGRAMS I MAINTENANCE ENGINEERING SUPPORT
2301 N Glassell St I Orange, CA 92865 I ph 714.955•o6i9 I ann.mesa@ocpw.ocgov.com
From: Switzer, Donna [mailto:Donna.Switzer@surfcity-hb.org]
Sent: Thursday, April 05, 2018 11:59 AM
To: Mesa, Ann <Ann.Mesa @ocpw.ocgov.com>
Cc: Broussard, Todd <tbroussard@surfcity-hb.org>; Esparza, Patty <PEsparza@surfcity-hb.org>
Subject: Beach Nourishment Agreement
Ann,
I just wanted to let you know that three original copies of the Beach Nourishment Agreement are being mailed out to
you this afternoon.
Please let me know if I may be of any further assistance.
Sincerely,
Deputy City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
(714)374-1649
Donna.Switzer@surfcity-hb.org