HomeMy WebLinkAboutPUBLIC FACILITIES & RESOURCES DEPARTMENT ORANGE COUNTY FLOOD CONTROL DISTRICT - 1999-11-15 I
Vick L. Wilson,Dinrctor
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300 IN Flower Street
LINTY OF ORANGE Santa�',ca
O P_O. Box 4048
B FACILITIES&RESOURCESDEPARTMENTSanta Ana,C.q n7o24oa8
Telephone_ (714)834-4766
Fax (714)934-6796
January 3, 2000
Mr. Steve Krieger
City of Huntington Beach
P.O. Box 190
Huntington Beach, CA 92648 File: EF07357
Subject: Talbert Channel Improvements - Indianapolis Ave to Adams Ave
Agreement No. D98-111
Dear Mr. Krieger;
Enclosed is one fully executed Agreement No. D98-111 and Orange County Board
of Supervisors Minute Order dated December 21, 1999, for your records. With
respect to the required deposit referenced in Section K of the agreement,
PFRD/Management Services shall invoice the City of Huntington Beach.
If you require additional information, please contact me at (714) 834-4766.
Thank you for your cooperation with this project.
Sincerely,
Tina L. Taverner, Utilities Section Chief
n:tt
Cc: PFRD/Flood Control Design-Phil Jones
Enclosures: Agreement No. D98-111
Minute Order dated 12-21-99
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11TY OF HUNTINGTON BEAR -90
MEETING DATE: 02-07-00 DEPARTMENT ID NUMBER: PW 00-007
Council/Agency Meeting Held: - 7 00 550'..,o
Deferred/Continued to:
Approved ❑ Con itionap Approved ❑ D pied City Clerk's Signature
Council Meeting Date: 02-07-00 Department !D Number. PW 00-007
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS -'
SUBMITTED BY: RAY SILVER, City Administrator -�
IV PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works
SUBJECT: Adopt Resolution No���lApproving Plans and Specifications for
Flood Control Improvements to the Talbert Channel from Indianapolis
Avenue to Adams Avenue by the Orange County Public Facilities &
Resources Department
Statement of Issue,Funding Source,Recommended Action.Alternative Action(s),Analysis,Environmental Status,Attachment{s)
Statement of Issue:
The Orange County Public Facilities & Resources Department requests City Council
approval of plans and specifications for flood control improvements to the County's Talbert
Channel from Indianapolis Avenue to Adams Avenue. The improvements will provide
additional flood control protection to properties in the City of Huntington Beach.
Funding Source:
N/A
Recommended Action: Motion to:
Adopt Resolution No.Z�Js approving plans and specifications for the flood control
improvements to the Talbert Channel from Indianapolis Avenue to Adams Avenue.
AltemativeAltemative Action(s]:
Deny approval of plans and specifications. This action may cause the County to allocate
funds for other flood control projects within the County.
Analysis:
Before the Orange County Public Facilities & Resources Department can proceed with a
project within the City, the City of Huntington Beach must adopt a resolution approving the
plans and specifications for the construction of their Talbert Channel improvements between
Indianapolis Avenue and Adams Avenue, in accordance with the California Public Contract
Code.
The County's widening project within this reach of the Talbert Channel is the next phase of
improvements designed to protect surrounding residential neighborhoods from flooding by
enlarging the Channel to convey the 100-year storm flow. Staff has reviewed the County's
plans and specifications and concurs with their request for City Council approval.
Public Works Commission Review:
The Public Works Commission endorsed the project on January 19, 2000, by a vote of 4
ayes, 3 absent.
Environmental Status:
The Orange County Flood Control District E.I.R. is on file with the District.
Attachment[s1:
City Clerk's
Page Number No. Description
1. Location Map
2. Resolution AS. No. EWO — 15
RCA Author: Kdegerjm Doc#37031
PFBRD talbert india to adams — 0112610012:3a PM
ATTACHMENT 1
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ATTACHMENT 21
RESOLUTION NO. 2000-15
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH APPROVING PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS
TO THE TALBERT CHANNEL FROM INDIANAPOLIS STREET
TO ADAMS AVENUE BY THE ORANGE COUNTY PUBLIC FACILITIES
AND RESOURCES DEPARTMENT AND FUNDED BY THE
ORANGE COUNTY FLOOD CONTROL DISTRICT
WHEREAS, the Orange County Public Facilities and Resources Department on
behalf of the Orange County FIood Control District proposes to construct 100-year flood
control improvements to the Talbert Channel from Indianapolis Avenue to Adams
Avenue 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 Code;
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby approve plans and specifications for the proposed project to widen Talbert
Channel from Indianapolis Avenue to Adams Avenue by the Orange County Public
Facilities and Resources Department.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 7th day of February , 2000.
Mayor
ATTEST: APPROVED AS TO FORM:
L�.cG
CityClerk Cit A me �2_+L
� S�o l
REVIEWED AND APPROVED: INITIATED AND APPROVED:
y
City Administrator Director of Public Works
jmfQKreso/talbert channeV01/24/00
Res. No. 2000-15
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNfE BROCKWAY, 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 at least a majority of all the members of said City Council at a
regular meeting thereof held on the 7th day of February, 2000 by the following
vote-
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff'
NOES: None
ABSENT: Bauer
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
olb
CITY OF HUNTINGTON BE
MEETING DATE: November 15, 1999 DEPARTMENT ID NUMBER:PW 99-119
f
Council/Agency Meeting Held: 4�A�
Deferred/Continued to:
❑Approved ❑ Conditionally Approved ❑ Denied P Clerk's Signature
/_ D
Council Meeting Date: November 15, 1999 Department ID Number: PJ/9E--119
CITY OF HUNTINGTON BEACH "~
REQUEST FOR COUNCIL ACTION C t =' <C-)m
D >`nr"rr
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS a? x
r,
SUBMITTED BY: RAY SILVER, City Administratort?02 �//' n
qREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works
SUBJECT: Authorize the Approval of Agreement No. D98-111 with the Orange
County Flood Control District
I
i
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The Orange County Flood Control District (District) has informed the
City of Huntington Beach (City) that City facilities are in conflict with the proposed
improvements of the Talbert Channel. The City owns an eight-inch diameter sewer line and
a 36-inch diameter storm drain line that cross under the channel. The lines must be modified
in order to meet the channel's new geometry. The City must incur the costs of the line
relocations. Agreement No. D98-111, between the District and the City, defines the terms
and conditions for the required modifications.
Funding Source:
Project costs, estimated to be a maximum of$62,400, were unknown at the time of budget
preparation. Funds are requested'to be appropriated from the undesignated General Fund
balance.
i
j 13N501_.DOC -2- 11/03/99 4:17 PM
RRUEST FOR COUNCIL ACTIN
MEETING DATE: November 15, 1999 DEPARTMENT ID NUMBER: PW 99-119
Recommended Action: Motion to,
1. Approve the attached Agreement No. D98-11 between the District and the City, and
2. Authorize the Mayor and City Clerk to execute Agreement No_ D98-111, and
3. Authorize the Director of Administrative Services to appropriate $62,400 from the
undesignated General Fund balance, and
4_ Authorize the Director of Public Works to expend funds pursuant to the terms and
conditions of Agreement No. D98-111 for the required modifications to the City's sewer and
storm drain lines, and
5. Approve the City's indemnity obligation requirement requested by the District.
Alternative Actiontsi:
1. Do not approve Agreement No. D98-111, deny authorization, and direct staff on how to
proceed with the project. This will delay construction of modifications to this final reach of
the Talbert Channel. The Channel is designated on the FEMA 100-year flood map, and
completion is expected in order to comply with the flood insurance reductions.
2. Authorize the use of $62,500 in Capital Improvement funds designated for the Intrepid
Storm Drain. A budget of$130,000 was authorized for the project. If this resource is used,
additional funding may be required before the storm drain can be completed. More
definitive cost information will be available after design approval.
Analysis: The District is currently designing the flood control improvement plans and special
provisions for the Talbert Flood Control Channel, Facility No. D02, between Indianapolis
Avenue and Adams Avenue. The City currently maintains an eight-inch sewer line and a 36-
inch storm drain line that cross beneath the channel, within the District's right-of-way (Public
Property Permit No. 08865). Per the 1965 permit, Special Provision E states:
Permittee agrees to reconstruct, or modify the tines to be installed 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 District improvements consist of constructing a channel with vertical steel sheet
pile walls with a natural or soft bottom to provide a 100-year storm run-off conveyance. The
District had no concerns with the sewer and storm drain lines crossing under the current
channel section because it is an earthen trapezoidal configuration.
13141501 MOC -3. 11104199 1:31 PM
RRUEST FOR COUNCIL ACTIN
MEETING DATE: November 15, 1999 DEPARTMENT ID NUMBER: PW 99-119
Now that the District is improving this portion, the City must remove and replace the fines under
the City's own contract or allow the District to modify it within the District's project.
For the City to accomplish this task during the District's construction time frame would involve
substantial cost in both design and construction. Staff believes it would be more efficient and
less costly for the District to perform the work as part of the District's project.
The project completes the reconfiguration of the Talbert Channel as required by FEMA to
mitigate potential 100-year flood damage. Delay of this project could compromise local flood
insurance costs and requirements for the residents of Huntington Beach.
Per Council action, a new appropriation must meet one of the following three criteria.-
1. It is an unanticipated emergency,
2. It is required to implement labor negotiations, or
3. It is a new expense that is offset by related new revenues_
This new appropriation meets criteria #1, that it is an unanticipated emergency.
Environmental Status: The Orange County Flood Control District E.I.R. No. 445 certified in
1987, and Addendum IP 90-49, are on file with the District.
Attachment{s1:
City Clerk's
Page Number No. Description
1 Agreement Number D98-111
2. Location Map
3. Public Property Permit#08865 dated June 17. 1965
4. Fiscal Impact Statement
5. Memo from City Attorney regarding need for City Council approval of
Indemnification Clauses "O" and T" in Agreement
RCA Author SEK:gd
13N501 1.DOC -4- 11/04/99 4:25 PM
0 CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CfrY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THF. CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE:
TO: 1 i l'&./7 e )eZ) ATTENTION: /iyj'q 14yey rx---�
Iva c 1 !
D DEPARTNIENT:�7r�TiPS
Street —
�QYJc REGARDLNG: flrPPrrleuf
City,state.zip
pry �t -'leod ezn76/L/�i0it-,
See Attached Action Agenda Item �� Date of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
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�rr1 eilf fv,e, G k � �Pe L�y�s
Connie Brock�,%-ay
City Clerk 77rC _i Se,J Z/
�xa✓� c�GlYeSs �n /4 u ,
Attachments: Action Agenda Page Agreement Bonds Insurance
RCA Deed Other
CC: 6/C oe ✓ t�
Naas Department RCA Agerrer. Insurance Other
. W6 lezl
Name Department RCA Agreeme:t Insurance Other
Na:ne Department RCA Agreement Insurance Other
Name Department RCA A&ecr-en: insurance Other
Risk Management Dept Insurance
Received by Name - Company Name- Date
G-Foltotsup/coverltr
(Telephone:714-536�5227I
ATTACHMENT # 1
• Vicki L. W c3r�r3,ninrc(fir
*"NC* -
300 N. nowcr Street
COUNTY OF ORANGESeta f,>,a,c�1'O- Box 4048
PUBLIC FACILITIES& RESOURCES DEPARTMENT Santa hone Gi �)81,1 404$-1'elepktut�c_ (114)834-47GG
Fax: (714)834-6796
January 3, 2000
Mr. Steve Krieger
City of Huntington Beach
P.O. Box 190
Huntington Beach, CA 92648 File: EF07357
Subject: Talbert Channel Improvements - Indianapolis Ave to Adams Ave
Agreement No. D98-111
Dear Mr. Krieger;
Enclosed is one fully executed Agreement No. D98-111 and Orange County Board
of Supervisors Minute Order dated December 21, 1999, for your records. With
respect to the required deposit referenced in Section K of the agreement,
PFRD/Management Services shall invoice the City of Huntington Beach.
If you require additional information, please contact me at (714) 834-4766.
Thank you for your cooperation with this project,
Sincerely,
Tina L. Taverner, Utilities Section Chief
Tr:tt
Cc: PFRD/Flood Control Design-Phil Jones
Enclosures: Agreement No. D98-111
Minute Order dated 12-21-99
i •
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
December 21, 1999
Submitting Agency/Department: Orange County Flood Control District
Approve agreement D98-111 with City of Huntington Beach for modification of City facilities, Talbert Channel
improvement project- District 2
The following is action taken by the Board of Superuisors:
APPROVED AS RECOMMENDED ® OTHER ❑
Unanimous ® (1) SMITH: Y (2) SILVA: Y (3) SPITZER: Y(4)COAD: Y(5) WILSON- Y
Vote Key: Y=Yes; N=No;A=Abstain;X=Excused; B.D.=Board Order
Documents accompanying this matter:
❑ Resolution(s)
❑ Ordinances(s)
❑ Contract(s)
Item No. 17
Special Notes:
Copies sent to:
I testify that the foregoing is a true and correct copy of the Minute Order adopted by
the Board of Supervisors,Orange County,State of California_
DARLENE J.BLOOM,Clerk of the Board
Deputy
COPY No(. 2-SECOND PARTY Agreement No. D98-111
1 AGREEMENT
2 THIS AGREEMENT, for the purpose of identification hereby numbered D98-111
3 and entered into this _� day of (�f(/li 1999, is BY AND BETWEEN
•4 ORANGE COUNTY FLOOD CONTROL DISTRICT, a
5 body corporate and politic, hereinafter
referred to as "DISTRICT"
6
AND
7
CITY OF HUNTINGTON BEACH, a municipal
8
corporation of the State of California,
9 hereinafter referred to as "CITY"
10 RECITALS
11
WHEREAS, DISTRICT proposes to construct steel sheet pile channel walls
12 along Talbert Channel between Indianapolis Avenue and Adams Avenue in the
13 CITY, hereinafter referred to as "PROJECT"; and
14 WHEREAS, CITY, owns, operates, and maintains an 8-inch sewer line and a
15 36-inch storm drain line, hereinafter referred to as "CITY FACILITIES",
16 within the PROJECT area and said CITY FACILITIES require modification for the
17 PROJECT; and
18 WHEREAS, DISTRICT'S rights in the PROJECT area are senior to CITY'S rights
19 by virtue of DISTRICT Permit Number 08865, dated June 17, 1965, issued to the
20 CITY for installation of the CITY FACILITIES; and
21 WHEREAS, as, a consequence of DISTRICT'S senior rights, the CITY is
22 responsible for all costs associated with modification of the CITY FACILITIES
23 to accommodate DISTRICT'S PROJECT; and
24 WHEREAS, CITY requested DISTRICT to modify the CITY FACILITIES as a part
25 of DISTRICT'S construction contract for the PROJECT; and
-1-
Agreement No. D98-111
1 WHEREAS, DISTRICT and CITY desire to cooperate and consult with each other
2 to facilitate modification of the CITY FACILITIES in accordance with the
3 terms of this AGREEMENT.
i
4 NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
5 A. DISTRICT shall include in its construction contract for the PROJECT, a
6 CITY approved bid item for modification of the CITY FACILITIES and
7 require its contractor to construct the necessary modifications to the
8 CITY FACILITIES.
9 B. Plans and specifications for modification of the CITY FACILITIES shall
10 be prepared by DISTRICT and DISTRICT'S PROJECT construction contractor
11 and shall be subject to written approval by the CITY prior to
12 construction of the modification, of the CITY FACILITIES. CITY shall not
13 unreasonably delay said approval.
14 C. DISTRICT shall prepare required environmental documents. DISTRICT
15 shall be solely responsible for contract advertisement, award,
16 construction inspection, and for administration and performance of the
17 contract awarded to any contractor(s) for the construction of the
18 PROJECT, including the modification of the CITY FACILITIES.
19 D. CITY may, at no cost to DISTRICT, have a CITY representative inspect
20 the modification of the CITY FACILITIES if the CITY desires. Said CITY
21 representative shall have rights of access to the PROJECT site for the
22 purpose of inspection of the modification of the CITY FACILITIES.
23 E. The estimated cost for modification of the CITY FACILITIES is forty-one
24 thousand dollars ($41,000.00) . CITY shall be responsible for all costs
25 associated with modification of the CITY FACILITIES.
-2-
Agreement No. D98-111
1 F. DISTRICT shall issue Change Orders that are CITY initiated for
2 modification of the CITY FACILITIES, upon written approval .by the CITY
3 Engineer. CITY shall not unreasonably delay or withhold approval for
4 Change Order submittals.
5 G. DISTRICT shall incorporate within the contract documents for the
6 PROJECT a requirement for the construction contractor to obtain and
7 keep in full force and effect throughout the duration of the PROJECT,
8 for the mutual benefit of DISTRICT and CITY, a policy or policies of
9 comprehensive, broad form, general public liability and automobile
10 insurance against claims and liabilities for activities of the
11 construction contractor in the amount of one million dollars
12 ($1,000,000) (combined single limit per occurrence) . Said policies
13 shall name DISTRICT, COUNTY OF ORANGE, CITY and their respective
14 elected and appointed officials, officers, agents and employees as
15 additional insureds and shall, additionally, contain language providing
16 for waiver of subrogation, that the policies are primary and
17 noncontributing with any insurance that may be carried by the parties,
18 hereto, that said insurance may not be canceled or materially changed
19 except upon thirty (30) calendar days written notice to DISTRICT, and
20 any losses shall be payable notwithstanding an act or failure to act or
21 negligence, of DISTRICT, COUNTY OF ORANGE, or CITY. DISTRICT shall
22 also require that workers' compensation benefits are secured by the
23 construction contractor as required by law. DISTRICT shall forward a
24 copy of proof of said insurance to CITY within five (5) working days
25 upon receipt thereof from the contractor. DISTRICT shall obtain CITY'S
-3-
Agreement No. D98-111
1 written approval of these policies prior to modification of the CITY
2 FACILITIES.
3 H. During the modification of the CITY FACILITIES, DISTRICT shall furnish
4 a representative to perform the usual functions of a Resident Engineer,
5 and CITY may, at no cost to DISTRICT, furnish a representative if CITY
6 desires. Said representative and Resident Engineer shall cooperate and
7 consult with each other, but the decision of DISTRICT'S Resident
8 Engineer shall be final.
9 I. DISTRICT shall not accept the construction work from DISTRICT'S
10 contractor until CITY provides written concurrence that the
11 modification of the CITY FACILITIES has been in accordance with the
12 approved plans and any authorized Contract Change Orders, per Paragraph
13 F.
14 J. Upon completion and acceptance of the PROJECT, CITY shall own, operate,
15 and maintain the CITY FACILITIES. DISTRICT hereby disclaims any and
16 all interest in the CITY FACILITIES and does hereby transfer and assign
17 • to CITY all right, title, and interest, if any, it may have in the CITY
18 FACILITIES.
19 K. CITY shall deposit forty-one thousand dollars ($41,000.00) , which is
20 the estimated cost for modification of the CITY FACILITIES, with
21 DISTRICT upon receipt of an Invoice from DISTRICT. CITY is not
22 obligated to make said deposit prior to November 1, 1999, but said
23 deposit shall be made no later than December 15, 1999. • Upon completion
24 and acceptance of the PROJECT, DISTRICT shall provide an approved Final
25 Accounting Report and Invoice to CITY for the balance of any additional
-4-
• Agreement No. D98-111
1 costs incurred by DISTRICT and approved by CITY for modification of the
2 CITY FACILITIES.
3 L. CITY shall provide to DISTRICT final payment for modification of the
4 CITY FACILITIES, determined as the sum of L.1., L.2. , and L.3. :
5 1. The total actual sum of the item price bid for the modification
6 of the CITY FACILITIES from the contractor to whom DISTRICT has
7 awarded the construction contract for the PROJECT. Said bid item
8 price shall not exceed fifty-two thousand dollars ($52,000.00) .
9 2. Approved CITY initiated Contract Change Order expenses, related
10 to work involved for .the modification of the CITY FACILITIES, if
11 any, shall be added to the above.
12 3. Ten percent (10%) of the actual amount determined in L.1. and
13 L.2. above, as an agreed amount to reimburse DISTRICT for costs
14 incurred for Design, Inspection, and Contract Administration
15 related to.modification of the CITY FACILITIES shall be added to
16 the above.
17 M. If the final cost is less than the deposit, DISTRICT shall refund the
18 difference to CITY within sixty (60) calendar days following completion
19 of the PROJECT.
20 N. All terms and conditions set forth in DISTRICT Permit Number 08865
21 dated June 17, 1965, issued to CITY shall remain in full effect during
22 modification of the CITY FACILITIES and upon completion of the PROJECT.
23 0. Pursuant to Section 895.4 of the Government Code, DISTRICT shall defend
24 with Counsel approved by CITY, indemnify, and save harmless CITY, its
25 elected and appointed officials, officers, agents and employees, from
-5-
Agreement No. D98-111
1 all liability from loss, damage or injury to persons or property,
2 including any and all legal costs and attorneys' fees, in any manner
3 arising out of the performance, by DISTRICT, its elected and appointed
4 officials, officers, agents, contractors and employees, of this
5 AGREEMENT.
6 P. Pursuant to Section 895.4 of the Government Code, CITY shall defend
7 with counsel approved by DISTRICT, indemnify, and save harmless
8 DISTRICT, COUNTY OF ORANGE, their elected and appointed officials,
9 officers, agents, contractors and employees, from all liability from
10 loss, damage or injury to persons or property, including any and all
11 legal costs and attorneys' fees, in any manner arising out of the
12 performance, by CITY, its elected and appointed officials, officers,
13 agents and employees, of this AGREEMENT.
14 Q. If any part of this AGREEMENT is held, determined, or adjudicated to be
15 illegal, void, or unenforceable by a court of competent jurisdiction,
16 the remainder of this AGREEMENT shall be given effect to the fullest
17 extent reasonably possible.
18 R. The parties to this AGREEMENT represent and warrant that this AGREEMENT
19 has been duly authorized and executed and constitutes the legally
20 binding obligation of their respective organization or entity
21 enforceable in accordance with its terms.
22 S. Any Notice or other written instrument required or permitted by this
23 AGREEMENT to be given to either party shall be deemed received when
24 either personally served or forty-eight (48) hours after being
25 deposited in the U.S. Mail, postage prepaid, registered or certified
-6-
Agreement No. D98-111
1 and addressed as follows:
2 DISTRICT: Ms. Tina Taverner, Utilities Section Chief
3 County of Orange/PFRD
4 P.O. Box 4048
5 Santa Ana, CA 92702-4048
6 CITY: Mr. Steve Krieger
7 City of Huntington Beach
8 P.O. Box 190
9 Huntington Beach, CA 92648
10 T. This AGREEMENT shall be binding upon and inure to the benefit of the
11 successors and assigns of DISTRICT and CITY. No assignment shall be
12 made without the written consent of both DISTRICT and CITY. This
13 AGREEMENT constitutes the entire Agreement between DISTRICT and CITY
14 and supersedes all prior understandings and Agreements, if any, between
15 the parties with respect to the subjects hereof. This AGREEMENT may
16 only be modified in writing signed by both parties hereto.
17 U. This AGREEMENT has been negotiated and executed in the State of
18 California and shall be governed by and construed under the laws of the
19 State of California. In the event of any legal action to enforce or
20 interpret this AGREEMENT, the sole and exclusive venue shall be a court
21 of competent jurisdiction located in Orange County, California, and the
22 parties hereto agree to and do hereby submit to the jurisdiction of
23 such court, notwithstanding Code of Civil Procedure section 394.
24 Furthermore, the parties have specifically agreed, as part of the
25 consideration given and received for entering into this AGREEMENT, to
-7-
Agreement No. D98-111
1 waive any and all rights to request that an action be transferred for
2 trial to another county under Code of Civil Procedure section 394. In
3 the event action is brought by either party to enforce the terms and
4 provisions of this AGREEMENT or to secure the performance hereof, each
5 party shall bear its own attorneys' fees.
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Agreement No. D98-111
1 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed by their officers thereunto duly authorized on the date first above
2 written.
3 ORANGE COUNTY FLOOD CONTROL
DISTRICT, a body corporate and
4 politic
5
Date: - °t 9 By:
6 Chairman, Board of Supervisors
7
SIGNED AND CERTIFIED -THAT A COPY OF APPROVED AS TO FORM:
8 THIS DOCUMENT HAS BEEN DELIVERED TO LAURENCE M. WATSON, COUNTY COUNSEL
THE CHAIRMAN OF THE BOARD
J �
—V� +n
10
r• t c
�!IF'O `
11 By y Z2ri�r
arlene J. Bloom Deputy
12 Clerk of the Board of Supervisors of
Orange County Flood Control District,
13 County of Orange, California
14
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-9-
Agreement No. D98-111
1 CITY OF HUNTINGTON BEACH, a
municipal corporation of the State
2 of California
3
4 By:.
Mayor
5
6 Attest: , = ' APPROVED AS TO FORM:
7 .�
. J
8
By: �/�?l'�u-li`- By:
9 City Clerk ti = �� y/'?y Ci y Attorney ,0I9�
10
Reviewed and 'Approved: Initiated and Approved:
11
12 /
By,: By:
13 City Admi�ltist-rator Director of Public Works
14
15
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ATTACHMENT #2
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J \ ATLANTA AVE.
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Q TALBERT o
o CHANNEL Q
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SEWER & STORM DRAIN
D LINES
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INDIANAPOLIS AVE.
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NOT TO SCALE
LOCATION MAP
CITY OF HUNTINGTON BEACH [OLD
DEPARTMENT OF PUBLIC WORKS
TALAT_IN
ATTACHMENT #3
rLARIVIN(i FILES
ANGE COUNTY FLOOD CONTROL DISTRI_
2l.icPERl1 1kTHAT2
' 1. PERMIT DATA PERMIT NUMBER
PERMITTER:;c9 ,•,_(s`ity_ of AIII'lutingtGA leach ,toiiteib eVD2 of ze .QD
w-� 8,0._ Box 190 91 zzol to zsitilidDil ,zsiflDnsq III) nD f
:r. A18><ti=lgt►OD $eaCbr:cCiai.fOl i io yItosiib y i OOZID
;)L:] '+e1r;.n,JG '3l+ TO 2110;eZLrno io zi�D srit i•o nozos Xd `�17 1965
1• � -�I�;zi-,,�,re r1I :nirl �d �yvolq _ rnsbnsgebnl ••
DISTRICT PROJECT: Talbert Channel;- s eup 1 +o nogg ni isrl 29gallvrlyAT10N DATE
R/W CLASSIFICATION:")„ jAtih.is ,luccu 2>110w 2't-3iltzib Odt of 10 sqD 0b YnD 10IUP1417ttnant
�.'J� I:J, •'J q:,Urll �nl. "J1:1.11 jq IV Z U1��i,yl� I I I :, ,GI, jj2 �V
2. PERMITTED USE {
I..JI. .TI I{cr,z 3s tti-nlsq ,b•stnciE nisisr♦ ztrl ii srl •�o az lolsXs sr♦t ni sottimisq fo
s1ot:.y1 ,'� 1 IJ r, asb nstt I frit noqu ,�1stc
The Orange County Flood Control Dstrid aereFa�r gntf 4t I � lowing, subject to
provisions on ievtirse hereA
,u nI .0 5c0,tco i.u_ yno Ion io rants .s nsgxs -o tzoc
.,, c i9lnD grit yd 'Dynln sd 111al .c bszuDD nssd zDd
.IDn ad IlDriz noitonimistsb zid
To install and maintain a -ewer line crossing
and-,a,:*to= drath,.,line)v"Is6iftolthed KxtrtLrk0 itU t
of wair�of.--thw-;,Tslbert MwAlieY),,aorther'l+, �bf '1 ladianmwlia
Street as show+nr�=, Tract--Vo4 Y9733wb1p>r+vvee.sn 1.{I NW.
!)nc i3O)' i9gnu i,31Ti U} zi tl .9-3 t^Ii 1ieq 3dt of isysortodW 7iuton �nD to
�
v _ •r. .I:. Jvc bno zzctEni }a girLji 9dt flszt' tnu 2sv13251 t3iltzib t0dt
3. PERMITTEE'S'ACCEPTANCE : +Icriz botncip nisi/ ztrigii sdt To ynD ion timisq zidt ledtis I .h
'cntzib io IDvoiggo r:sttiiw iciiq srit tuo
Permittee accepts permit and agrees to comply with and be bound by the terms thereof.
PERMITTER
4. REVIEW BY COUNTY COUNSEL f9iu6-jd:2 berhDttA ss2)
Approved as to form:
ASSISTANT
S. APPROVAL OF PERMIT
A. Approved by Board of Supervisors of Orange County Flood Control District by order made and entered
Attest
CLERK DATE CHAIRMAN. ■OARD OF SUPERVISORS
B. Approved by Chief Engineer pursuant to authority delegated by Board of Supervisors by Resolution
No IP64-55_ adopted jum
23 1964
JUN 171965 Origin3i By C. R. Nelson
DATE J C CHIEF ENGINEER
Z2JI1 JYUnrlrui .,,,._,.,
I51T21G JOSITNO, DOOJ9 YTHUO] 3014A r a
v STANTAPMIRa SONS
H?BMUM TIMfl79
ATAO T1MA39 .1
agrees to save. district, Jig**VeiM:4a4sl$iIlGnAgO eV4lQrmless=33TTIW39
,,.. 31[L --an-a all penalties, liabilities or loss rest N"c0%s-% court
actio y n's; rS_1b 4W&Danyl��t dWftgJtf3WdKons or
. - ' i g direct) or i
(? property by eason of the acts or omissions of the permittee, his agents,
Independent played by him, in exercising any of the
3TAJ NOITAPfIV�ileges herein gran or i c quo a thi�aanarBd� ==ttdlldT :T>3LO.99 TJIfITZIa
117SAle2:7311duld any da age or injury to the district's works occur, eitHb}tfhrouj;A "L JZAD W\A
-o"qe11TS, bervOnTS or employees of per I e r y any independent con rj r43TTIMA39 t
of permittee in the exercise4ofe�.rUihts herein granted, permittee shall imme i-�a,-ttely,tupon fte. T
' dema tI f1t ct, restore such works to he condition
of tz- lduz ,gfliWO1� s��InArf t0f CtE p �>�Pa°�a�Ilb �O�Q��I�q �a��p {n��fee snoi0 edT
aTer♦ stTeve) no znoizivoTq
cost or expeues ether or not any such damage or injury
has been ca II be ined by the Chief Engineer and
his determination shall be nal.
gtYlaaoxo sn2S TOW98 * n!s?atsw boa I19s8n2 OT
3.19.4`3ti'ift .5ds4' .�iS�D 9h>> Rto ���{�9'P9rfo314 y �s��o 7'arksubaz
3I��Qaj CAPCt�9RJ°f N4iTa4v9t!AXJXdt& 9°!IIIId,[gTtog63aqt9tkfGWor10
.rESs9a3aary PhA�VQlI "' ry �O�rfS�� rltirlllNlr�9 94Y 114dt3lipp,
of any nature whatsoever to the permittee. It is further understood and agreed
that district reserves u�ttlf the ri t of ingress and egress over all or any
(�or 'on v
4. Reither this permit nor any of the rights rein granted shall be39KA9MA31`Wlgy3TTIMA39 X
out the prior written approval of district.
.10e19rit zmTot Brit <d bnuod sd bno rMw (lgmoa of zesTgo bno timieq ztgsaao 39tlimis9
SPECIAL PROVISIONS
I ------ ----33TTIMS139— --------
(See Attached Schedule) J3214U0:) YTNUOD Y8 W31V3A .A
:mTof of zo bevoTggA
------- -- --TMAra!>.aA--
TIMM 90 1AVO5I99A .1:
bsTstno brio 5bam iebTo �d taiTtzi(I loTtnoD booll \tnuo:) egncnO fo inozivTequZ fo bTooS yd bevo,ggA .A
- -- --- — -- -- tas"A
dgO,1,VA3a Ua 70 a7AG8 .11AMNLA110 ]TAO 11A7J7
noitulcesA id ztoalvisou?. to bioo2 yd betopeleb Ttiiodtuo of 'nouaiuq ieenign3 lsid:) yd bevoiggA .8
I
`¢r Es simb etgobo __e_e_.�6jq_.oN
7TA0
002
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ORANGE COUNTY FLOOD CONTROL DISTRICT i
SPECIAL PROVISIONS �- 7: d '�'•PermitNo. flf�.'2.'"
A. Permittee agrees to provide the contractor or construction
foreman on the job site a copy of the permit and a complete
set of plans stamped with flood control district approval.
B. At least 24 hours prior to the commencement of any work within
the district 's right of way , permittee shall notify district's
inspector by telephone at 534-0336, or by wiitin , addressed
to 13872 East Garden Grove Boulevard, Orange, California.
C. The permitted works shall be constructed in accordance with
approved plans attached hereto and to the satisfaction of the
district's inspector.
D. By acceptance of this permit, permittea agrees that the storm
drain line and sewer line to be installed in the channel right
of way shall remain the property of the permittee and the
permittee shall be responsible for maintenance of said lines.
E. Permittee agrees to reconstruct, or modify the lines to be
installed under this permit, promptly upon written notice to
do so, entirely at its expense, when necessary for the con-
struction, reconstruction, improvement or alteration of
district's works.
F. Permittee agrees to assume all responsibility for the repair of
any damage to district 's works caused by the leakage of the
permitted lines, regardless of the cause of the leakage including
any action by district forces.
G. All excavations shall be backfilled and compacted to a relative
density of at least 90% of the maximum density as determined
by the "Five Layer Method" as specified in California Test
Method No. 216, 1956.
ATTACHMENT #4
•�, CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICA TION
To: Ray Silver, City Administrator
From: John Reekstin, Director of Administrative Services
Subject: FIS 2000-05 Authorize the Approval of Agreement D98-111
with Orange County Flood Control District
Date: November 2, 1999
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Authorize the Approval of Agreement D98-111
with Orange County Flood Control District."
If the City Council approves this action, (total appropriation $62,400),
the estimated unappropriated, undesignated General Fund Balance
at September 30, 2000 will be reduced to $4,523,843.
dl&-
hn Reekstin,
Director of Administrative Services
i s
Xaopted Current
Fund Balance -General Fund Budget Estimate
Beginning Fund Balance 1011199 (unaudited) $ 11,734,000 $ 11,734,000
Plus- Estimated Revenue 114,110,B41 114,110,841
Less. Estimated Expenditures (120,169.841) (120,169,841)
Pending/Approved FIS's= (1,088,757)
Less: FIS 2000-05 - (62,400)
Estimated 9/30100 Balance S 5,675,000 $ 4,523,843
ESTIMATED GENERAL FUND
BALANCE - SEPTEMBER 30, 2000
I
$6100000
$5,000,000 t
$4,000,000
$3,000,000 $5,675,00 x
14
— — $4,523,84 — I
$2,000,000
$1,000,000
i
I ADOPTED BUDGET CURRENT
+ ESTIMATE i
ATTACHMENT #5
HB CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
TO: ROBERT BEARDSLEY, Director of Public Works
CC: STEVE KRIEGER, Engineering Tech.
FROM: GAIL HUTTON, City Attorney
DATE. October 27, 1999
SUBJECT: RLS 99-266; Talbert Channel Agreement between the City and the Orange
County Flood Control District
INDEX: LIABILITY AND LITIGATION; INDEMNITY AGREEMENTS AND BONDS
I enclose the approved Talbert Channel Agreement between the City and the Orange
County Flood Control District ("Agreement"). As you can see, the Agreement contains.similar
reciprocal indemnification obligations for the City and the District pertaining to each party's
performance of the Agreement. (See Sections "O" and "P" of the Agreement.) Because the City
is obligating itself to indemnify the District and the County of Orange, this Agreement requires
City Council approval.
Specifically, the RCA for this Agreement must include a motion to approve the City's
indemnity obligation requirement requested by the District.
If you have any questions, please call me or John Fuj ii.
GAIL HUTTON,
City Attorney
GHIj f
Attachment: Talbert Channel Agreement between the City and the Orange County Flood
Control District
g:%j mfl99memos%RLS99-266