HomeMy WebLinkAboutORANGE COUNTY FLOOD CONTROL DISTRICT (OCFCD) - 1995-06-05 ' , .. • -' Qd-,,� .Cat-o
CounciVAgency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied u City Clerk's Signature
Council Meeting Date: June 5, 1995 Department ID Number: 95-034
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: ,�MICHAEL T- UBERUAGA, City Administrato L� .-
PREPARED BY:�'k LES M. JONES II, Director of Public Works
SUBJECT: Agreement No. D94-028 between the Orange County Flood
Control District (OCFCD) and the City of Huntington Beach for
the removal and construction of a pedestrian bridge
Statement of Issue,Funding Source,Reconvnended Action,Alternative Action,Analysis,Environmen al Status,Attachmentis)
Statement of Issue:
The attached Agreement, No- D94-028, between the Orange County Flood Control District and the
City of Huntington Beach defines the terms and conditions for the removal and construction of a
certain pedestnan bridge over Talbert Flood Control Channel between Banning Avenue and Hamilton
Avenue.
Funding Source:
Project Cost:
Engineering Estimate= $137.816
Contingencies: $13,235
Total Anticipated Cost $151,051
Project Funding:
SB 821 Funds:
F.Y- 92193 $31,343
F-Y. 93194 $59,248
F_Y. 94195 $60,460
Total Anticipated funding $151,051
Recommended Action:
1. Approve the attached Agreement, No- D94-028, between the Orange County Flood Control
District and the City of Huntington Beach;
2. Authorize the Mayor and City Clerk to execute Agreement No- D94-028-, and
3. Authorize the Director of Public Works to expend monies per the terms and conditions of
Agreement No D94-028 for the removal and construction of a certain pedestrian bridge over1�
Talbert Flood Control Channel between Banning Avenue and Hamilton Avenue.
Altemative Action(s1:
1 Do not approve Agreement No. D94-028, deny authorization, and direct staff on how to
pursue the project. Not approving said agreement will have an adverse impact on the
OCFCD bid advertisement and construction schedule.
2_ Eliminate the construction of the new pedestrian bridge. If such action is taken to
eliminate the crossing altogether, the removal is still required and its related cost, per
the terms and conditions of the public property permit, is the responsibility of the City of
Huntington Beach. It would also eliminate one of the Safest Routes to School.
Analysis:
The Orange County Flood Control District (OCFCD) has completed 100-year flood control
improvement plans and Special Provisions for the Talbert Channel, Facility No. D02, from
Banning Avenue to Hamilton Avenue_ The City of Huntington Beach currently maintains a
pedestrian bridge over Talbert Channel, OCFCD right-of-way, upstream of Banning Avenue
under Public Property Permit No. 00164
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 improvements consist of constructing a 120 foot wide, soft-bottom, vertical wall
channel to provide 100-year storm run-off conveyance_ Unfortunately, the existing pedestrian
bridge, which serves the Eader Elementary School, Library, and Park Area, must be removed
and a new bridge constructed in its place to accommodate the new channel improvements.
At no expense to the City, the OCFCD utilized their bridge design section to design the new
bridge and adjacent approaches_ This was a tremendous benefit to the City since no outside
consultant fees had to be paid for design. Working together with City staff, OCFCD final
design incorporates a new 8 foot wide wooden bridge to replace the old 4 foot wide concrete
structure.
Environmental Status:
The Orange County Flood Control District E.I.R. No. 445, certified in 1992, is on file at the
District_
Attachment(s):
1_ Agreement No. D94-028
2. Project Location Map
3. Talbert Channel - Typical Section
4 Pedestrian Bridge - Typical Section
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ENVIRONMENTAL MANAGEMENT AGENCY
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4ST �y4 LOCATION MAP
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DIMENSION VARIES BETWEEN
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STA. 72+00 TO STA. 81+00
SCALE: HORIZ. 1"=40'-O"
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FINISH DECK SURFACE
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TYPICAL ' SECTION
TIMBER BRIDGE
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ORANGE COUNTY
ENVIRONMENTAL MANAGEMENT AGENCY
h"T t TIMBER TRUSS TO BE DESIGNED BY THE LOCATION MAP
CONTRACTOR PER THE PLANS & THE SPECIAL
PRovlsloNs. TALBERT CHANNEL W62)
PEDESTRIAN BRIDGE
NO SCALE DEC. 1994
d02tbl.d9n/c 1192/nov94
11', CITY OF HUNTINGTON BEACH
2 0 0 0 Main Street P . O . B o x 1 9 0 Calif o r n i a 92 6 4 8
Les M. Jones II Public Works Department
Director (714) 536-5431
June 27, 1995
Orange County EA'IA
400 Civic Center Drive West
Santa Ana, CA 92702-4048
Attention: Mr. Philip Jones, Sr. Civil Engineer
Dear Mr. Jones,
The City Council of the City of Huntington Beach at their meeting held June 5, 1995,
approved Agreement No. D94-028 between Orange County Flood Control District and City
of Huntington Beach. Also, the City Council of the City of Huntington Beach at their
meeting held June 19, 1995, adopted Resolution No. 6697 approving plans and specifications
for the Talbert Channel Improvements between Banning and Hamilton Avenues.
Enclosed are the original agreements for County signatures and execution along with four
copies of the Resolution for County use. Please return a fully executed copy of the agreement
to my attention here at the Department of Public Works. I will forward the agreement to our
City Clerk's Office.
If you have any questions regarding this matter, please feel free to call.
Sincerely,
Doug] . Stack
Civil Engineer Assistant
DSS:dss
Enclos e
c: City Clerk's Office
DOL. #I207ON-3
' • Ag*ent No. D94-028
1 A G R E E M E N T
2
3
4 This agreement, hereinafter referred to as AGREEMENT, is entered into
5 �
this day of . )rc.fn�:c 199 , BY AND BETWEEN
6
7 ORANGE COUNTY FLOOD CONTROL DISTRICT
hereinafter referred to as "DISTRICT, "
8 AND
THE CITY OF HUNTINGTON BEACH
9 hereinafter referred as "CITY, "
10 sometimes collectively referred to herein as "PARTIES. "
11
12 R E C I T A L S
13
14 WHEREAS, DISTRICT proposes to construct 100-year flood control
15 improvements to the Talbert Channel (Facility No. D02) between Banning Avenue
16 and Hamilton Avenue which is located in CITY, hereinafter referred to as
17 "PROJECT; " and
18 WHEREAS, CITY, by Public Property Permit, currently owns, operates, and
19 maintains a pedestrian bridge between Banning Avenue and Hamilton Avenue which
20 serves a park, elementary school, and library, hereinafter referred to as
21 "PEDESTRIAN BRIDGE; " and
22 WHEREAS, the existing PEDESTRIAN BRIDGE must be removed in order to
23 construct the proposed 100-year flood control improvements; and
24
25
26
27
28
i
0
WHEREAS, it is the responsibility of the CITY under Public Property
2 Permit No. 00164, Special Provision C to reconstruct or modify PEDESTRIAN
3 BRIDGE.
4
5 NOW THEREFORE, the PARTIES hereto agree as follows:
6 I. GENERAL PROVISIONS.
7 A. DISTRICT agrees to remove PEDESTRIAN BRIDGE and construct a new
$ PEDESTRIAN BRIDGE as art of PROJECT, and CITY agrees to p g pay for PEDESTRIAN
9 BRIDGE removal and construction as further defined in Section II, "Payments
10 and Final Accounting. "
11 B. DISTRICT shall design a new PEDESTRIAN BRIDGE consistent with
12 proposed 100-year flood control improvement for PROJECT, and CITY shall assist
13 DISTRICT in design of bridge approaches.
14 C. DISTRICT' s design shall be subject to CITY approval of bridge design
15 concept and final design of bridge.
16 D. Upon CITY approval of final design, DISTRICT shall advertise for
17 bids final approved PEDESTRIAN BRIDGE design as part of PROJECT.
18 E. DISTRICT shall demolish and remove existing PEDESTRIAN BRIDGE as
19 part of PROJECT. CITY may at its option request that DISTRICT, as part of bid
20 process, require Contractor to remove and salvage existing PEDESTRIAN BRIDGE
21 subject to Section II, Part A, Paragraph S.
22 F. DISTRICT shall be responsible for contract administration and
23 securing completion of the work in conformance With the approved plans and
24 specifications and shall furnish a Resident Engineer/Inspector.
25 G. DISTRICT shall provide quality control of materials and testing for
26 PEDESTRIAN BRIDGE construction.
27
28 -2-
I
H. CITY shall at all times during the progress of construction of
2 PROJECT, have access to the work for the purpose of inspection thereof; and
3 should CITY deem any remedial measures to be necessary for construction or
4 removal of PEDESTRIAN BRIDGE and its approaches, CITY shall promptly notify in
5 writing DISTRICT's Resident Engineer. If CITY and DISTRICT disagree on the
6 need for remedial measures to be taken, CITY and DISTRICT shall submit the
7 dispute to a mutually acceptable, independent engineer for decision. CITY and
8 DISTRICT shall each bear one-half the cost of the independent engineer.
9
I. CITY shall review and approve all contract change orders for
10 PEDESTRIAN BRIDGE and approaches.
11 J. DISTRICT shall bid removal of existing and construction of new
12 PEDESTRIAN BRIDGE and approaches as a lump sum bid item.
13 K. CITY shall provide all rights of entry, right of way acquisitions
14 including temporary construction easements, and all City permits necessary for
15 DISTRICT' s Contractor to construct new PEDESTRIAN BRIDGE and approaches at no
16 cost to DISTRICT.
17 L. CITY shall re-apply and obtain from DISTRICT a new Public Property
18 Permit for the new PEDESTRIAN BRIDGE prior to acceptance of contract by
19 DISTRICT. DISTRICT agrees to waive permit fee.
20 M. Prior to acceptance of completed contract, DISTRICT shall obtain
21 CITY, Director of Public Works approval of bridge and its approaches; and CITY
22 shall, at acceptance of the completed contract by DISTRICT, become the Owner
23 of the new PEDESTRIAN BRIDGE and its approaches and shall operate and maintain
24 bridge and approaches subject to conditions of new Public Property Permit.
25 N. If DISTRICT does not award construction contract for PROJECT prior
26 to December 31, 1995, this AGREEMENT will automatically terminate, unless
27
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1 extended by written amendment to this AGREEMENT signed by both PARTIES. In
2 the event of such termination, any PROJECT funds deposited by CITY shall be
3 fully refunded.
4 O. Neither DISTRICT nor any officer, employee, agent, or Contractor
5 thereof shall be responsible for any damage or liability occurring by reason
6 of anything done or omitted to be done by CITY under or in connection with any
7 work, authority or jurisdiction delegated to CITY under this AGREEMENT. It is
8• also understood and agreed that, pursuant to Government Code Section 895.4,
9 CITY shall fully indemnify, defend, and hold DISTRICT harmless from any
10 liability imposed for injury (as defined by Government Code Section 810.8) ,
11 occurring by reason of anything done or omitted to be done by CITY under or in
12 connection with any work, authority or jurisdiction delegated to CITY under
13 this AGREEMENT.
14 P. Neither CITY nor any officer or employee thereof shall be
15 responsible for any damage or liability occurring by reason of anything done
16 or omitted to be done by DISTRICT under or in connection with any work,
17 authority or jurisdiction delegated to DISTRICT under this AGREEMENT. It is
18 also understood and agreed that, pursuant to Government Code Section 895.4,
19 DISTRICT shall fully indemnify, defend, and hold CITY harmless from any
20 liability imposed for injury (as defined by Government Code Section 810. 8) ,
21 occurring by reason of anything done or omitted to be done by DISTRICT under
22 or in connection with any work, authority or jurisdiction delegated to
23 DISTRICT under this AGREEMENT.
24 Q. Any notice or other written instrument required or permitted by this
25 AGREEMENT to be given to either party shall be deemed received when personally
26 served or twenty-four (24) hours after said notice was deposited in the V.S.
27
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1 Mail, postage prepaid, registered, or certified and addressed as follows:
2
CITY: Director of Public works
3 2000 Main Street
P.O. Box 190
4 Huntington Beach, CA 92648
5 DISTRICT: Director of Public Works
300 North Flower Street
61 P.O. Box 4048
Santa Ana, CA 92702
7
R. No additions to or alteration of the terms of this AGREEMENT,
8
whether written or verbal by the PARTIES, their officers, agents or employees,
9
shall be valid unless in the form of a written amendment to AGREEMENT,
10�
formally approved and executed by all PARTIES.
11
12
II. PAYMENTS AND FINAL ACCOUNTING.
13
A. CITY agrees to be responsible for costs as follows:
14�
15 1. CITY agrees to be responsible for and shall reimburse DISTRICT
for all costs associated with removal and construction of PEDESTRIAN BRIDGE as
16
17 described in Section II, Part A, Paragraph 6, excluding costs as described
below in Section II, Part B.
18
19 2 . CITY agrees to be responsible for all costs associated with
Section I, Part K.
20
21 3 . CITY agrees to be responsible for the cost of PROJECT contract
22 lump sum bid item, "REMOVE AND CONSTRUCT PEDESTRIAN BRIDGE AND APPROACHES, " or
23 the DISTRICT Engineer' s Estimate of the above bid item plus ten percent (10%)
whichever is less.
24
25 4. CITY agrees to be responsible for all costs arising from CITY
approved contract change orders pertaining to PEDESTRIAN BRIDGE construction.
26
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1 5. CITY agrees to be responsible for all costs arising from Section
2 I, Part E for salvage of existing bridge if CITY elects to exercise the option
3 described in Section I, Part E.
4 6. CITY agrees to reimburse DISTRICT, no later than ninety (90)
5 calendar days after Award of Contract, for costs as described in Section II,
6 Part A, paragraph 3 .
7 7. CITY agrees to reimburse DISTRICT, no later than ninety (90)
8 calendar days after acceptance of completed contract, for costs as described
9 in Section II, Part A, Paragraph 4 .
10
11 B. DISTRICT agrees to be responsible for costs as follows :
12 1. DISTRICT shall be responsible for all costs associated with the
13 design, engineering (plans and specifications and engineer's estimate) , and
14 inspection for PROJECT and PEDESTRIAN BRIDGE.
15 2. DISTRICT shall be responsible for all quality control and
16 materials testing for PROJECT and PEDESTRIAN BRIDGE.
17 3 . DISTRICT shall be responsible for costs of publicly bidding and
18 awarding a construction contract and, except as noted above, for paying all
19 amounts due to the contractor and all contract administration costs.
20
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22
23
24
25
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1 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
2 executed by their officers thereunto duly authorized on the date first written
3 above.
4
5
6 Dated: G l�5S By:
Mayo TEfflwrj%-[.-
7 CITY OF HUNTINGTON BEACH
8 ATTEST: '
9
10 By:
11 1t1�7/QS1 City Clerk
CITY OF HUNTINGTON EACH
12 REVIEWED AND APPROVED: APPROVED AS TO FORM:
13
14 By. y:
ACy Adminis at-or City Attorney 1Z
15 CITY OF HUNTINGTON BEACH � �� CITY OF HUNTINGTON JCH
16
17
18 Dated: ,if1N 2 7 1995
By 4Z la.
Chairman
19 ORANGE COUNTY FLOOD CONTROL TRICT
20
SIGNED AND CERTIFIED THAT A COPY
21 OF THIS DOCUMENT HAS BEEN DELIVERED APPROVED AS TO FORM:
22 TO THE CHAIRMAN OF THE BOARD TERRY C. ANDRUS, COUNTY COUNSEL
23 6AUK F. amk-
By: KATHLEEN E.rCQa'40_ACT1Hf< By:
24 ,SUN 2 7 495
Clerk of the Board of Supervisors
25 of the Orange County Flood Control
26 District, Orange County, California
27
211
.. , . fy & F'�►SG
lla,,4AL. AUK tJ1�T
BOARIYOF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
MINUTES
JUNE 27, 1995
ORANGE COUNTY FLOOD QONTROL DISTRICT (OCFCD) RESOLUTION NO,
E95-4. NOTICE INVITING BIDS -- CQNSTRUCTION OF TALBERT-CHANNEL,
V
AGREEMENT NO. D94-028 WITH THE CITY OF HUNTINGTON BEACH (FLOOD_):
Environmental Management Agency requests approval of plans and special provisions and
authorization to bid project for the construction of Talbert Channel, Facility No. D02 from
Banning Avenue to Hamilton Avenue and approval of an agreement.
MOTION: On motion by Supervisor Bergeson, seconded by Supervisor Steiner, the Board,
acting as the Orange County Flood Control District(OCFCD), adopted OCFCD No. F95-4
to: 1. Find that Final Environmental Impact Report (EIR) No. 445, previously certified on
January 14, I992, and Addendum No. IP 90-49 to the EIR were considered prior to the
approval of the project. Together they were determined adequate to satisfy all the
requirements of the California Environmental Quality Act. 2. Approve and adopt plans and
special provisions, Notice to Contractor, form of proposal, and form of contract agreement.
3. Authorize Environmental Management Agency/Director of Public Works to submit
plans and special provisions to the City of Huntington Beach for approval as required by the
Orange County Flood Control Act. 4. Authorize the Clerk of the Board to advertise for
bids, and set August 2, 1995 at 2:00 p.m. as date and time for bid opening. 5. Authorize
execution of Agreement No. D94-028 between the Orange County Flood Control District
and the City of Huntington Beach. MOTION UNANIMOUSLY CARRIED.
N RESOLUTION NO. f.647
�.lPjjn� GricL'✓i-�
A RROOLUTION OF TRZ CITY COUNCIL OF TES CITY OF
HUNTZNOTON BEACH APPROVING PLANS AND
SPECIFICATZONS FOR THE CONSTRUCTION OF
XUPROVSMENTS TO THE TALBERT CHANNEL FROM--
BANNING AVENUE TO HAMILTON AVENUE INCLUDING
THE CONSTRUCTION OF A PEDESTRIAN BRIDGE,
BY THE ORANGE COUNTY ENYIRONI=TAL MANA023CMNT
AGENCY AND FUNDED BY THE CITY OF HVNTINGTON BRACH
AND THE ORANGE COUNTY FLOOD CONTROL DISTRICT
WHEREAS, the Orange County Environmental Management Agency on behalf
of the Orange County Flood Control District proposes to construct 100-year
flood control improvements to the Talbert Channel from Banning Avenue to
Hamilton Avenue including the construction of a pedestrian bridge from Tract
No. 3898 to Eader Elementary School, which project has been found. to have
beneficial impacts on drainage within the City of Huntington Beach; and
Approval of plans and specifications for this project by the City of
Huntington Beach is required under provisions of the California Public
contract Coda;
NOW, T88RSFORB, The City Council of the City of Huntington Beach does
hereby approve plans and specifications for the proposed project to widen
Talbert Channel from Banning Avenue to Hamilton Avenue by the Orange County
Environmental Management Agency.
PASSED AHD ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the I 91-jL day of Yttrs. 1995.
Mayor
ATTEST& APPROVED AS TO FORKS
City Clerk City Attorney f6�if
REVIEWED AND APPROVED& INITIATED AND APPROVED&
City Adaaiaiotrator Director'- is Warlcs
Res.No. 6697
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUN'TINGTON BEACH j
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-off cio Cleric 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 at least a majority of all the members of said
City Council at a regular meeting thereof held on the 19th of June, 1995 the
following vote:
AYES: CouncHmembers: Harru m,Bauer, Sullivan,Leipzig, DettloA
Green
NOES: Councilmembers: None
ABSENT: Councilmembers: Garofalo(out of room)
~ City Clerk and ex-offcio C erk
of the City Council of the City
of Huntington Beach, California
asc.rr�s