HomeMy WebLinkAboutHuntington Beach Wetlands Conservancy - 1987-01-01AGREEMENT BY AND BETWEEN THE CITY OF
HUNTINGTON BEACH AND THE HUNTINGTON BEACH WETLANDS CONSERVANCY
FOR THE IMPLEMENTATION OF THE WETLANDS ENHANCEMENT PLAN
THIS AGREEMENT is made and entered into this day
ofAg,"&!,!�, 1987, by and between the CITY OF HUNTINGTON
BEACH, a California municipal corporation, hereinafter referred to
as "CITY", and HUNTINGTON-BEACH WETLANDS CONSERVANCY, a California
non-profit corporation, hereinafter referred to as "CONSERVANCY".
WHEREAS, CITY is the owner of the right-of-way known as
Brookhurst Street, as shown on the map attached hereto as Exhibit
"A" and incorporated by this reference herein; and
CITY plans to widen Brookhurst Street, a project that will
impact approximately 5,000 square feet of existing wetlands; and
CONSERVANCY has prepared a plan for the restoration and
enhancement of approximately 15.2 acres of coastal wetlands owned
by the California State Coastal CONSERVANCY. Said plan,
hereinafter referred to as the "PROJECT", is attached hereto as
Exhibit "B" and incorporated by this reference herein; and
The PROJECT includes a parcel of land owned by CITY. Said
land, hereinafter referred to as the "PARCEL", is more fully
described in the legal description attached hereto as Exhibit "C"
and incorporated by this reference herein; and
CITY and CONSERVANCY desire to mitigate the impact upon
existing wetlands effected by the widening of Brookhurst Street
and also desire to set forth the terms for implementing the
PROJECT,
NOW, THEREFORE, in consideration of the promises and covenants
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hereinafter made and exchanged, the parties hereto covenant and
agree as follows:
1. PROJECT DESIGN AND CONSTRUCTION
CONSERVANCY shall retain a licensed civil engineer to
prepare construction plans for the implementation of the PROJECT
as described in Exhibit "B" attached hereto.
2. CONSERVANCY CONTRACT RESPONSIBILITIES
CONSERVANCY shall be solely responsible for the
preparation and award of the contract pursuant to public bid
requirements for the PROJECT. Towards this end, CONSERVANCY shall
be responsible for the preparation of all legal documents
including Notice Inviting Bids, Instructions to Bidders, and the
related construction agreements, surety bonds and insurance
certificates. CONSERVANCY shall be solely responsible for the
administration and performance of the contract awarded to the
contractor for the construction of the.PROJECT.
3. INSPECTION
CONSERVANCY shall inspect the PROJECT area for compliance
with approved plans and specifications. CITY shall have rights of
access to the construction site for the PROJECT for the purposes
of inspection of the construction.
4. COSTS
CITY shall pay to CONSERVANCY the amount of Eight
Thousand and no/100 Dollars ($8,000.00). Said amount represents
CITY'S share of the costs of the PROJECT, based on the low
qualified bid plus fifteen percent (15%) for engineering and
contract administration.
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5. GRANT OF EASEMENT
In consideration for providing the necessary mitigation
for the Brookhurst Street improvements, CITY agrees to grant to
CONSERVANCY an easement, for restoration and maintenance purposes,
appurtenant to the PARCEL, at no cost to CONSERVANCY. CITY agrees
to grant said easement to CONSERVANCY no later than thirty (30)
days after the execution of this Agreement.
6. WAIVER OF CLAIMS
CITY and CONSERVANCY hereby waive all claims and demands
against each other for any loss, damage or injury of any kind or
character to any person or property, arising out of the design and
construction of PROJECT, or arising from any act or omission of
the CITY'S or CONSERVANCY'S respective agents or employees, except
to the extend occasioned by the sole negligence or willful
misconduct of the parties or their agents or employees.
CONSERVANCY shall, however, require the design engineer and the
construction contractor for the PROJECT to hold harmless and
indemnify CITY against any and all liability arising out of the
obligations referred to herein. Such hold harmless and
indemnification shall be made in a form satisfactory to the City
Attorney of CITY.
7. INSURANCE
CONSERVANCY shall require the design engineer and the
construction contractor for the PROJECT to maintain policies of
public liability insurance for personal injury and property
damage, including motor vehicle operators, during all times of the
contracts in amounts and in form satisfactory to the City Attorney
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of the CITY. Said policies shall name CONSERVANCY and CITY and
their officers, agents and employees as additional insureds
thereunder. CONSERVANCY shall also require said engineer and
contractor to carry, at all times relevant hereto, Worker's
Compensation Insurance in amounts and in form satisfactory to the
City Attorney of CITY.
8. ENTIRETY
parties.
The foregoing represents the entire agreement between the
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by and through their authorized officers
the day, month and year first above written.
CONSERVANCY:
HUNTINGTON BEACH WETLANDS
CONSERVANCY
a California non-profit
corporation
President
Secretary/Treasurer
ATTEST:
ALICIA . WEN TWORTH CITY CLERK)
�i
1: ZepoFj City Clegk
CITY:
CITY OF HUNTINGTON BEACH
a California municipal
corporation
"01 /
Mayor
A�'PRIOVED AS TO FORM:
V >>
%il ,.�j City Attorney
RE,)IEWED AND APPROVED:
City
Administrator
INITIATED AND APPROVED:
Director
of Public Works
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REQUFOR CITY COUNCO ACTION
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Submitted to:
Submitted by:
Prepared by:
Subject:
Date
Honorable Mayor and City Council
Paul E. Cook, Interim City Administrator
Paul E. Cook, Interim City Administrator
Brookhurst Bridge Improvements; CC-546
November 4. 1987
Consistent with Council Policy? 'r ] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Tk�
Statement of Issue:
The City and the Huntington Beach Wetlands Conservancy desire to mitigate the impact
upon existing wetlands affected by the widening of Brookhurst Street.
Recommendation:
Approve the attached agreement; thereby mitigating the impact upon existing wetlands
affected by the widening of Brookhurst Street.
Analysis:
The Brookhurst Bridge improvements include the widening of Brookhurst Street between
the bridge and Pacific Coast Highway. The street widening, on the Newport Beach side of
Brookhurst Street, will impact approximately 5,000 square feet of existing wetlands. The
City and the Huntington Beach Wetlands Conservancy desire to mitigate the impact upon
existing wetlands affected by the widening of Brookhurst Street, and therefore, the
attached agreement has been drafted for review and approval by Council. The terms of
the agreement include sharing in the costs of restoring wetlands directly adjacent to the
project, and easement across the land, as described in Exhibit "C" of the agreement, to
the Conservancy within 30 days after the execution of this agreement and at no cost to
the Conservancy. Staff has reviewed the attached agreement and recommends Council
approval.
Funding Source:
The City shall pay to the Conservancy $8,000.00. This amount represents the City's share
of the project costs plus 15% for engineering and contract administration expenses.
Revenues will be obtained as outlined below:
Federal Highway Administration City Gas Tax Total
$6,880.00 $1,120.00 $8,000.00
Alternative Actions:
Deny approval of agreement
Attachments:
Agreement
PIO 5/85
City of Huntington Beach
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY ADMINISTRATOR
April 26, 1988
Mr. Carl Nelson
Director -of Public Works
Environmental Management Agency
P.O. Box 4048
Santa Ana, CA 92702-4048
Subject: Brookhurst Bridge Project; CC-546
Dear Mr. Nelson:
Pursuant to my understanding, the County has agreed to inspect the driving of piles for
the retaining wall at the Brookhurst Bridge project. I concur with this action and have
directed staff to prepare an appropriate amendment to the County/City Cooperative
Agreement; thereby insuring that payment will be made to the County.
Should you have any questions or concerns regarding this matter, please telephone Les
Evans of Public Works at (714) 536-5431.
Very truly yours,
Paul E. Cook
City Administrator
PEC:DRN:dw
cc: Les Evans
Don Noble
CC File 546 "Gen. Corresp."
1600g/32
Telephone (714) 536-5202
BOARD OF SUPERVISORS •
ORANGE COUNTY, CALIFORNIA
MINUTES
•
March 14, 1989
AMENDMENT NO. 2 TO AGREEMENT NO. D86-234 BROOKHURST STREET BRIDGE OVER
TALBERT CHANNEL - FLOOD CONTROL FACILITY NO. D02 (FLOODI: Environmental
Management Agency requests approval of Amendment No. 2 to Cooperative
Agreement with the City of Huntington Beach, for the construction of
Brookhurst Street Bridge over Talbert Channel.
MOTION: On motion by Supervisor Roth, seconded by Supervisor Vasquez,
the Board authorized execution of Amendment No. 2 to Cooperative
Agreement No. D86-234 with the City of Huntington Beach. Supervisor
Wieder was absent. MOTION CARRIED.
E N 6
- COUIYTy ,
County of Orange
ENVIRONMENTAL MANAGEMENT AGENCY
PUBLIC WORKS
A P P 6 1988
Les Evans, City Engineer
City of Huntington Beach
P. O.Box 190
Huntington Beach, Ca. 92648
Attn: Don Noble
Subject: Agreement D86-234, Amendment No. 2
ERNIE SCHNEIDER
DIRECTOR, EMA
WILLIAM L. ZAUN
DIRECTOR OF PUBLIC WORKS
LOCATION:
12 CIVIC CENTER PLAZA
SANTA ANA, CA
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 92702.4048
TELEPHONE:
(714)834-2300
FAX i 834-2870
FILE D86-234
D02
Attached is one executed copy of subject amendment and a copy of
the Board of Supervisors Minute Order dated March 14, 1989
authorizing execution.
Very truly yours,
Sue A. Arterburn, Sr. Engineer
Flood Control Design
SA:afa(FD00478)
Attachment:
cc: Flood Program Division
REQUEr FOR CITY COUNCO )ACTION
Date
Submitted to: Honorable Mayor and City Council
Submitted by: Paul E. Cook, City Administrator
Prepared by: Louis F. Sandoval, Director of Public Works
February 6, 1999
Subject: BROOKHURST BRIDGE IMPROVEMENTS: CC-546, ArfGfENDM
Consistent with Council Policy? [ ] 'Yes [ j New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
The County of Orange and the City wish to amend the Cooperative Agreement for the
lengthening of the Brookhurst Bridge.
RECOMMENDATION:
i Authorize the Mayor and City Clerk to execute the attached amendment.
ANALYSIS:
On January 5, 1987, the City Council approved a Cooperative Agreement with the County of
Orange for the lengthening of the Brookhurst Bridge.
On July 20, 1987, the City Council approved Amendment Number One to the agreement;
thereby authorizing substantial design changes as requested by the County.
Most recently, the City requested the County to inspect the driving of piles for the City's
portion of the project. The attached Amendment (Number Two) authorizes these services and
at a cost to the City of $10,665.00. Staff has reviewed this Amendment and recommends
Council approval.
FUNDING SOURCE:
The total cost of this Amendment is $10,665.00. Funds to cover this obligation will be cWair*d
from the following sources:
;n
Source Amount -
r n
Federal Aid Urban Funds $9,171.90 -
City Gas Tax (Sufficient Revenues
are available in Fiscal Account 745460) 1,493.10
Total: $10,665.00
ALTERNATIVI= ACTION:
N/A
ATTACHMENTS:
Plo 5/85 Amendment Number Two
4PTATEMENT OF THE ACTION OF THE CITY COON —
Council Chamber, City Hall
Huntington Beach, California
Monday, February 6, 1989
Mayor Bannister called the regular City Council meeting of the City of
Huntington Beach to order at 7 p.m.
ROLL CALL
Present: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine
Absent: None
CONSENT CALENDAR — (ITEMS APPROVED)
On motion by Erskine, second Silva, Council approved the following items, as
recommended, by the following roll call vote:
AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine
NOES: None
ABSENT: None
(City Council) AMENDMENT #2 TO COOPERATIVE AGREEMENT — APPROVED — COUNTY OF
ORANGE — BROOKHURST BRIDGE IMPROVEMENTS — CC-546 — Approved and authorized
execution of Amendment #2 to Cooperative Agreement between the City and County
of Orange for lengthening of the Brookhurst Bridge ($10,665); said amendment
includes authorizing the County to inspect the driving of piles for city
portion of project.
Mayor Bannister adjourned the regular meeting of the City Council and the
regular meeting of the Redevelopment Agency of the City of Huntington Beach to
5:00 p.m., Tuesday, February 21, 1989, to Room B-8, Civic Center.
ATTEST:
Connie Brockway
City Clerk
STATE OF CALIFORNIA )
County of Orange )
City of Huntington Beach)
Connie Brockway
City Clerk and ex—officio Clerk
of the City Council of the City
of Huntington Beach, California
Wes Bannister
Mayor
I, CONNIE BROCKWAY, the duly elected and qualified City Clerk of the
City of Huntington Beach, California, do hereby certify that the above and
foregoing is a true and correct Statement of Action of the City Council of
said City at their regular meeting held on the 6th day of February 1989.
WITNESS my hand and seal of the said City of Huntington Beach this
the 8th day of February 1989.
Connie Brockway
City Clerk and ex—officio Clerk
of the City Council of the City
of Huntington Beach, California
Deputy
HUNTINGTON BEACH WETLANDS CONSERVANCY
P.O. Box 5903
Huntington Beach, California 92615
This is to acknowledge receipt of eight thousand
( $8, 000. 00 ) dollars from the City of Huntington Beach
to the HUNTINGTON BEACH WETLANDS CONSERVANCY as payment
for providing wetland mitigation and partial storm drain
construction for the Brookhurst St. widening project.
Date-1 2— / �'z� —7
William Weisman, Chairman
Hunkingtort&
ach Wetlands Conservancy
Date 7
-----------------------------------
Gary Gorman, Project Manager
A
Huntington Beach Wetlands Conservancy
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
HUNTINGTON BEACH WETLANDS CONSERVANCY
October 12, 1987
On motion of Director Mandic, duly seconded and carried, the
following Resolution was adopted:
WHEREAS, the HUNTINGTON BEACH WETLANDS CONSERVANCY is a California
non-profit Corporation and;
WHEREAS this corporation's purpose is to acquire, hold, restore and
manage coastal wetlands in and near the City of Huntington Beach,
California; and
WHEREAS this board has agreed to restore a portion of the
Huntington Beach Wetlands, including a section approximately 5,000
square feet adjacent to Brookhurst St., currently owned by the
City of Huntington Beach.
WHEREAS the City of Huntington Beach has a mitigation requirement
to restore approximately 5,000 square feet of wetlands.
NOW, THEREFORE, BE IT RESOLVED that this board has agreed to enter
into an agreement with the City of Huntington Beach,to restore
approximately 5,000 square feet of wetlands. The City agrees to
provide the necessary land and funds.
AYES: DIRECTORS Bill Weisman, Gordon Smith, Linda Hall, Gary
Gorman, Victor Leipzig, Robert P. Mandic,
NOES: DIRECTORS
ABSENT: DIRECTORS Marylin Cavener
STATE OF CALIFORNIA,
COUNTY OF ORANGE
I, LINDA HALL, Secretary of the HUNTINGTON BEACH WETLANDS
CONSERVANCY, hereby certify that the above and foregoing Resolution
was duly and regularly adopted by the said board at a regular
meeting thereof held on the 12th day of October 1987, and passed
by a unanimous vote of said Board.
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of
October, 1987.
V
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HALL
Secretary
Res. No. 87-02 HUNTINGTON BEACH WETLANDS CONSERVANCY
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as of the date, month and year first above written.
ORANGE COUNTY FLOOD CONTROL
DISTRICT
a body corporate and politic
in the State of California
Chairman, Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
LINDA D. R TH
Clerk of the Board of
Supervisors, County of Orange,
California
APPROVED AS TO FORM:
Co ty Counsel
CITY OF HUNTINGTON BEACH
a California municipal
corporation
ATTEST:
Mayor
City Clerk
APPROVED AS TO FORM:
/2L/#k.P City Attorney �
P4¢ i2-21 fB
INITIATED AND APPROVED:
1
f
Direct r of Public Works
r I - S 4s-,- o�
REVIEWED AND APPROVED:
City Administrator
SA:ds(9-048)8286
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A T T E N T I O N
ALSO SEE FILE 49 CALIFORNIA, STATE OF, DEPT.
OF TRANSPORT. & H.B. WETLANDS CONSERVANCY
BROOKHURST BRIDGE & PCH WIDENING
•
. Amendment No. 2 to
Agreement. No. D86-234
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THIS AGREEMENT is made and entered into this �`! � day of
Aco—A-tL, 1988, by and between the CITY OF HUNTINGTON BEACH, a California
municipal corporation, hereinafter called "CITY", and the ORANGE COUNTY FLOOD
CONTROL DISTRICT, a body corporate and politic in the State of California,
hereinafter called "DISTRICT".
WHEREAS, CITY and DISTRICT have previously entered into Agreement No. D86-234,
dated March 3, 1987, and amended August 11, 1987 to combine the widening and
lengthening of Brookhurst Street Bridge over Talbert Channel (Facility No. D02)
into one project; and
CITY and DISTRICT wish to further amend Agreement No. D86-234 to include
the performance of, and compensation for, certain additional and necessary work,
NOW, THEREFORE, the parties hereto do hereby agree as follows:
1. ADDITIONAL WORK
DISTRICT agrees to perform such additional work and tasks as described
in the letter dated April 26, 1988, from Mr. Paul Cook to Mr. Carl Nelson,
a copy of which is attached hereto as Exhibit "A" and by this reference made
a part hereof.
2. COMPENSATION
In consideration of the additional tasks described in Section 1
above, CITY agrees to compensate DISTRICT Ten Thousand Six Hundred Sixty -Five
and no/100 Dollars ($10,665.00).
3. EFFECT OF PREVIOUS AGREEMENT
All other terms and conditions of the original Agreement No. D86-234,
and Amendment No. 1 thereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
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