HomeMy WebLinkAboutOrange County Flood Control District - 1984-04-16 (5) Agreement No. D 84-062
1 AG `REEMENT
Z, THIS AGREEMENT, Zor purposes of identification, hereby dated the
:r
3 -/J day of , 1964, is
.4 BY AND BETWEEN
THE ORANGE COUNTY FLOOD CONTROL DSISTRICT,
a political subdivision of the State of
California, hereinafter referred to as
"DISTRICT, "
81 AND
g THE CITY OF HUNTINGTON BEACH, a municipal
corporation, hereinafter referred to
10 as "CITY. "
11 W I T N E S S E T H
12 WHEREAS, a CITY water line was constructed across the Huntington Beach
13 Channel (D01) at Newland Street and portions of the water line have been removed in
14 conjunction with DISTRICT's project to reconstruct the Newland Street �.ulvert; and
MIEREAS, CITY desires to have DISTRICT resconstruct said portion of the
16 12--inch concrete mortar-covered steel water line, hereinafter referred to as WATER
-17 LINE.
18 NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
19 I. CITY SHALL:
20 A. Review for approval by the City Engineer or his designee,
21 hereinafter referred to as "CITY ENGINEER, " the plans and specifications for WATER
22 LINE.
23I B. Apply to DISTRICT for a Public Property Encroachment Permit for
24 WATER LINE.
25 C. Be responsible for one hundred percent (100%) of JATER LINE cost
26 including removal and reconstruction.
27 D. Be responsible for acquisition of any easements necessary for
28 WATER. LINE.
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Agreement No. D 84-062
11 F. Arrange for any modification, relocation or reconstruction of
2 , utilities necessary for construction of WATER LINE at no cost to DISTRICT.
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3 � G. At all times during the progress of construction of WATER LINE
41 have access to the work thereon for the purpose of inspection thereof; and should
5 CITY deem any remedial measures to be necessary, CITY ENGINEER shall notify DISTRICT
6 thereof.
7 H. Upon completion and acceptance of WATER LINE by DISTRICT and CITY,
81 assume responsibility for maintenance of WATER LINE.
gj II. DISTRICT SHALL:
10j A. Be and is hereby designated as Project Engineer, Contracting and
1� ;! Construction Agent for the parties to do and perform all things necessary in order
12 �I to design and construct PROJECT and to execute and deliver all documents required in i
13 1 connection with the construction and completion of PROJECT including its Certificate
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141 of Cost and Certificate of Completion.
15 1' B. During the period of construction, have ju.:isdiction over the �
16 ;1 entire construction area for the DISTRICT's Newland Street culvert project and WATER
17 ,, LINE. I
18 {i III. WATER LINE COST, PAYMENTS AND FINAL ACCOU14TIIIG I
19 !{ A. The cost for removal and reconstruction of WATER LINE shall be the
201 bid prices received respectively for the related items of work, contract change
1
21 ; orders and a proportionate share of engineering and inspection costs based on the
221 o total construction costs. The bid
ratio of WATER LINE construction casts t the
1
231 price received for the removal was $1,472.00 and the bid price received for the
24 re-construction was $3 ,625.00. Total costs to CITY are estimated not to exceed
251
$7,000.00
I I
26j' B. After DISTRICT approval of agreement of WATER LINE, CITY will,
27
within ten (10) days upon DISTRICT s request, deposit with DISTRICT its share of the
231 WATER LINE construction funds ($5,097.00) based on actual bid prices.
1'
Oil
Agreement No. D 84-062
1 C. within ninety (90) days after the acceptance of the improvement
under the contract by DISTRICT, DISTRICT shall submit to CITY for review and
3 � approval by CITY a Final Accounting Report which shall contain a certification
4 signed by the Director , Environmental Management Agency, or his designee, that all
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7I expenditures applicable to WATER LINE have been made and that copies of all invoices
6 and warrants are on file with DISTRICT and shall be made available to CITY upon
7 C request.
8i D. If said Final Accounting Report as approved by CITY shows that the
91 total cost to CITY is less than the amount deposited with DISTRICT, DISTRICT shall
t
16 +� promptly reimburse CITY the difference between the amount deposited and the actual
11iy cost. If said Final Accounting Report as approved by CITY shows that the total cost
I
121 to CITY is more than the amount deposited by CITY, CITY shall promptly reimburse
13 DISTRICT for the difference between the amo+int deposited and the actual cost subject
A to the provisions of Section T.C. s
„ i
151 Iv. IT IS MUTUALLY UNDERSTOOD AND AGPXED:
16 ;� A. That neither DISTRICT nor any officer or employee thereof shall be
17 ?� responsible for any damage viability occurring by reason of anything one or
i
omitted to be done by CITY under or in connection with any work, authority or S
19 jurisdiction delegated to CITY under this agreement. It is also understood and
i
20 agreed that, pursuant to Government Code Section 395. 4 , CITY shall fully indemnify,
I +
defend, and held DISTRICT harmless from any liability imposed for injury (as defined
221 by Government Code Section 810. 8) , occurring by reason of anything done or omitted
23i to be done by CITY under or in connection with any work , authority or jurisdiction
i4 delegated to CITY under this agreement.
25i B. That neither CITY nor any officer or employee thereof shall be
261 responsible for any damage or liability occurring by reason of anything done or
27 A b e b STRICT under or in connection with an work authority or i
omitted to a don y DI Y � Y
2811 jurisdiction not delegated to CITY under this agreement. It is also understood and 1
l+ -3-
• Ag' reement 23o. D 84-062
1 agreed that, pursuant, to Government Code Section 895.41 DISTRICT shall fully
2 indemnify, defend, and -hold CITY harmless from any liability imposed for injury (as
3 defined by Government Code Section 810.8) , occurring by reason of anything done or
4 oaii'tired to be done by DISTRICT under or in connection with any work, authority or
4'
5 jurisdiction not delegated to CITY under this agreement.
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Agreement No. D 84-062
1 IN WITNESS WHEREOF, CITY has caused this agree.aent to be executed by its
2 Mayor and attested by its Clerk, and DISTRICT has caused this a'reement to be
3 executed by the Chairman of its Board of Supervisors and attested by its Clerk, all
4 thereunto duly authorized by the City Council and the Board of Supervisors,
I
.5 respectively.
6
7 CITY OF r1UNTINGTON BEACH
A munic corporation
S
Dated: J/ 19 a BY
10 yor
11
12 ATTEST: APPROVED AS TO FGM:
13
14 ;; BY ..
15 Clerk of the Council ity At orGey r:
ORANGE COUNTY FLOOD CONTROL DISTRICT
16 A political subdivision of the State
of California
17 _
18
Dated,* �J>L-tL-�t /a`r 19 �`1 BY
19 �-j' Chairman, Board of Supervisor
201 V
21
22
SIGNED AND CERTIFIED THAT A, COPY APPROVED AS TO FORM:
OF THIS DOCUMENT HAS BEEN DELIVERED ADRIA'V hUYPER, COUNTY COUNSEL
TO THE CHAIRMAN OF THE BOARD ORANGE COUNTY, CALIFORNIA
24
s BY
26 . -'r Depu ty
Clerk of the Board of Supervisors
27 of Orange County, California ,z
.4�
Date
28 ,7F4:'bjg7WD6l-14 -5--
4/4%84
t
e7 il
REQUE FOR CITY COUNCOACT16W ` r
Date
April 11, 1984
Submitted to*,: Honorable Mayor and City Council � `�`'� uU� �=U ��• ul'j Y�
6 �
Submitted by: C. W. meson, City Adninistra -- - 1`
Prep.ared4 by: Paul E. Cook, Director of Public Works
Subject: Agreement for Relocation of Water tihe at Newland St. Box Culvert
Statemenoflssue, Recommendation, Analysis, Funding Source, Alternative Actions,Attachments
STATE 3VTISSUE: ., + ' . . t;;
s
Anagreement between_thpity°and the County of grange is necessary to .relocate 'an
r • t j4MIfM"G!3•{:t.Yi'1*6Y,:.r. ,( is t'. 54'• a k1: n 'ln.
e exists ng ,waterer.l�net which interferes with the "constructio 'of th ' new box"6alvert
beaxig. constructed J xfor the Huntington Beach (U01) Flood Control'Channel at Newland
Street bef-ween Hamilton Avenue and Pacific Coast Highway.
f
RECOMMENDATIM.. V.
Approve the attached agreement between the City and the`County of Orange to relocate
the water line in Newland St. at the Huntington Beach (D01) Channel.
'ANALYSIS
The County of Orange is currently wider constrii!ction to .regt`ove the undersized box
culvert for, the...Huntington Beach .(D01) Flood Control �Ch� hhk at Newland St. and .replace
it with a more agpgtuz to box culvert. An existing Ca.ty`water line is located An Newland
St at the box culvert and'must be removed and reconstructed to accatmoc�ate the `new
flood control facility. . In accordance with our easement for this water lane across
F1ood 'Control District right-of-way, the City must pay the costs of relocation.
The Agreement provides that the City will pay the actual construction cost and a
shall prorated share of engineering and inspection costs, all of which will not exceed
$7,yy0yy000 00. y
iAi
�:
FUNDING
Water Davision tperati.ng Account No. 920942, Transmission & Distribution.
At,TERtVTIVE`-ACTIONS:
Do not approve this Agreement and negotiate a ne,; agreement.
ATTAMOM:
Agre�.nent
01r.PEC:7y
PIo 4/81
MURRAY STOP DIRECTOR, EV
:r p C.
We LSc
-4 DIRECTOR OF PUBLIC Woll
- 400 CIVIC CENTER'DRIVE'WE:
S 3 BAN G E 5ANTA ANA.CALIFORNI
i + ,^r ►s::ti x «,. MAILIN6ADOREfs'
ENVIRONMENTAL:MANAGEMENT AGENCY P.COB0X'4o
PUBLIC WORKS 5ANTA ANA,CA 92702.40?
April 6, 1984 714)aTELE FION!
34.23(714)(
FILE D01
Mr.;';: Charles'°W.::`-;Thom son
City Administrator
Ci y o f.,}iun nrgton Beach
2000 Main Street
Huntington Beach, California 92648
Subject: Proposed City Water Line Acrose the Huntington Beach Channel (D01)
Dear Mr. Thompson;:
Submitted herewith are the original and three (3) copies of the agreement necessary
for_placenent of the City' s water linc as part of our current project to construct
k...
a new box culvert in the `Huntinbaton Beach Channel at Newland Street . Upon execution
by the City, please return the original and two (2) copies to this office for
execution by the Flood Control District .
Following District's execution an executed copy will be returned to your office .
We have requested our Public Property Permits staff to prepare the -encroachment
permit as called for in the agreement . We will forward that through your office
in 2 to 3 weeks for execution by the City Engineer.
Should you or ,your staff have any questions regarding the agreement , please
contact Kenneth E. Smith, Chief, Design A at (714)834-2319.
Very truly yours ,
C. R. Nelson •
Director of Public Works
KES:bjm(115)007/AgrWatr r
CC: Paul Cook (Huntington Beach)
Les 'Evans (Huntington Beach)
Bob try
Burk, (EMA Fe.irmits) �
Wendell Hartman (EMA Construction) 4 C � lS
M 2
O � � � U
APR '6 TF4 r 4
CITY OF AUNTINGT01 BEACH
DE-:PT.1• 0; F'U'.1L14 tv�-'1;ZK _. zts&a. :. ,. .
ADMINISTRATIVE OFFICE
p p(; i
u
V/ATr.-D hIVI ION
-, JUN 0 4 i984
MINUTES :OF THE*BOARD OF SUPERVISORS
OF ORANGE COI)KY, CALIFORNIA :CITY OF
HUNTfNGTON+BEACH
May 15 , 1984
IN RE : COOPERATIVE AGREEMENT HUNTINGTON BEACH CHANNEL (D01.)
BOX CULVERT AT NEWLAND STREET CITY OF HUNTINGTON BEACH
On mot-ion of Supervisor Riley , duly seconded and unanimously
carried by Boar�d'' members present , the Clerk of the Board , on behalf of
the Board 61 Supervisors is authorized to execute Agreement No . D 84--062 ,
''da'ted May 15 , 1984 , between the Orange County Flood Control District and
the City of Huntington Beach for the reconstruction of a portion of a
12-inch concrete mortar-covered steel water line , across the Huntington
Beach Channel (D01) at Newland Street .
IN RE : MONETARY CONTRIBUTION FROM COMriUNITY AIRPORT COUNCIL
ONTARIO AIRPORT PUBLIC AWARENESS PROGRAM
O'n motion of Supervisor Riley , duly seconded and unanimously
carried by Board members present , the monetary donation in the amount
of $500 . 00 from the Community Airport Council for the Ontario Airport
Public Awareness Program is accepted and the Auditor--Controller is
directed to credit the donation to the Airport Enterprise Fund
(2951-787-185 ) .
IN RE : CHANGE ORDER NOS . 12 , 13 , 14 and 15 WEIR CANYON ROAD
(ROUTE 91 FREEWAY TO SANTA ANA RIVER) PROJECT
J . W . MITCHELL COMPANY , INCORPORATED
On motion of Supervisor Riley , duly seconded and unanimously
carried by Board members present , Contract Change Order Nos . 12 , 13 , 14
and 15 to Agreement No . 0-82-107 , for Weir Canyon Road from Riverside
Freeway to Santa Ana River (E01 ) , with J . W. Mttchcll Company , Inco marl V ( D
N
ated , as Contractor , are approved .