HomeMy WebLinkAboutOrange County Flood Control District - 2023-09-26 (2) UNT1NGT- 2000 Main Street,
� 0?�9 Huntington
Beach,CA
n City of Huntington Beach
APPROVED 7-0
��UN7Y GPI
File #: 24-389 MEETING DATE: 6/4/2024
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Chau Vu, Director of Public Works
PREPARED BY: Joseph Fuentes, Principal Civil Engineer
Subject:
Approve and authorize execution of Amendment No. 1 to add Yorktown bridge to the existing
Cooperative Agreement with the Orange County Flood Control District for funding,
construction, and maintenance of bridges
Statement of Issue:
Consider approval of Amendment No. 1 to the existing Cooperative Agreement, MA-080-23011516,
between the City of Huntington Beach (City) and the Orange County Flood Control District (OCFCD).
To clarify the roles and responsibilities, OCFCD, as the lead agency, submitted a Cooperative
Agreement to the City. The cooperative agreement specifies funding, construction, and maintenance
commitments between OCFCD and the City.
Financial Impact:
None. OCFCD is responsible for funding 100% of improvements related to the construction of the
bridge flood walls in accordance with the contract documents. When OCFCD completes the project,
the City is responsible for any post-construction maintenance within City right-of-way.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Cooperative
Agreement MA-080-23011516, between Orange County Flood Control District and City of Huntington
Beach for addition of Funding, Construction, and Maintenance of the Talbert Channel (D02) at
Yorktown Avenue Improvements Project."
Alternative Action(s):
Deny approval of the Cooperative Agreement, which would result in stalling the project.
Analysis:
OCFCD identified that the Yorktown Avenue bridge over the Talbert Channel does not meet Federal
Emergency Management Agency freeboard requirements, which is the minimum clearance between
the bridge structure's lowest elevation and the highest design flood water elevation in the channel.
City of Huntington Beach Page 1 of 2 Printed on 5/30/2024
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File #: 24-389 MEETING DATE: 6/4/2024
Flood walls are therefore required so that wave action or flow surges do not overtop the channel.
OCFCD has completed the contract documents in order to construct these needed improvements.
OCFCD has prepared .Amendment No. 1 to the existing Cooperative Agreement MA-080-23011516
for this project. The agreement specifies the responsibilities of each agency during the construction
and post-construction phases. The existing agreement with OCFCD was for the funding,
construction, and maintenance of the East Garden Grove-Wintersburg Channel (CO5) bridges at
Warner Avenue, Springdale Street, and Edwards Street Bridges. Amendment No. 1 will include the
addition of the bridge at Yorktown Avenue over the Talbert Channel. During construction, OCFCD will
be responsible for all funding, inspections, project management, and all incidentals related to
completing the construction of this project. Once construction is completed and accepted by the City
, and OCFCD, the City will assume responsibility for operation and maintenance.
Construction is expected to start in the Summer of 2024 and is anticipated to be completed by the fall
of 2024.
Environmental Status:
The project lead is the OCFCD, and they have obtained all environmental approvals prior to the start
of the project.
Strategic Plan Goal:
Non Applicable -Administrative Item
Attachment(s):
1. Amendment No. 1 to the existing Cooperative Agreement, MA-080-23011516, between
Orange County Flood Control District and City of Huntington Beach for Funding, Construction,
and Maintenance of the East Garden Grove-Wintersburg Channel (C05) Bridges at Warner
Avenue, Springdale Street, and Edwards Street Improvements Project
2. Cooperative Agreement, MA-080-23011516, between Orange County Flood Control District
and City of Huntington Beach for Funding, Construction, and Maintenance of the East Garden
Grove-Wintersburg Channel (C05) Bridges at Warner Avenue, Springdale Street, and Edwards
Street Improvements Project
3. PowerPoint Presentation
City of Huntington Beach Page 2 of 2 Printed on 5/30/2024
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- •
M0-25-0006441 Amendment 9
Agreement MA.O0.23o11816
AiiigliQM TWMLIWMMMIMYFt1
This AMENDMENT No. 1 TO AGREEMENT,hereinafter referred to as"AMENDMENT No.1",
dated for identification purposes as of .Anal ,2024,Is
BY and BETWEEN
• • The ORANGE COUNTY FLOOD CONTROL.
DISTRICT,a body corporate and politic,
hereinafter referred to as"DISTRICT",
And i
The CITY OF HUNTINGTON BEACH,a charter
• city, hereinafter referred to as"CITY,"
which are sometimes€ndividually referred to.as"PART'Y,"or collectively referred to as"PARTIES."
REgJT41-S
WHEREAS,PARTIES entered into a Cooperative Agreement dated September,2028,delineating
the PARTIES respective responsibilities for Implementation and poet-construction of flood walls to meat
Federal Emergency Management Agency freeboard requirements on City-owned and maintained bridge
crossings.
WHEREAS,PARTIES desire to amend Section 1 B of the AGREEMENT to-include the CITY-owned
and maintained bridge crossing*at Yorktown Avenue.
NOW,THEREFORE,It•Is mutually understood and agreed by DISTRICT and CITY that the
AGREEMENT is amended as follows;
1. SECTION 1B of the AGREEMENT Is hereby amended to read as follows:
1.B Project Contractor. Upon written approval by the City of the final Project TES&E, the DISTRICT
shell perform all administrative work required for negotiating and executing the construction
contract with the DISTRICT%Contractor("CONTRACTOR"). CONTRACTOR shall perform ali
work as required-by, and.i►1 strict accordance with, the construction contract documents,which
censlate of removing the existing decks and barriers and replacing them with voided precast
• girder units With a polyester overlay and new sidewalk and barrier that connects to the flood wells
at the Edwards Street Bridge, Springdale Street Bridge,Warner Avenue Bridge and Yorktown
Avenue Bridge.The DISTRICT shall require CONTRACTOR to identify the CITY as an additional
insured on CONTRACTOR'S required Insurance policy(les)with the coverage to the satisfaction
of the CITY.
2. Except as amended by this AMENDMENT 1,the AGREEMENT remains In full force and
effect as originally therein set forth.
-Pagel of 2_,
MO.23.000644/Amendment I
Agreement MA-080-2301 1 51 6
IN WITNESS WHEREOF. each PARTY hereto has executed this AMENDMENT No 1 by its
duly authorized representatives as of the date set forth above.
CITY OF HUNTINGTON
BEAC a charter city �/�, ',
Date 'f //.31 --ea By r' " "o/
C—.
Gracey Van Der Mark, Mayor
ATTEST APPROVED AS TO FORM:
Fad
By. Robin Estanislau, City Clerk Michael E. Gates, City Attorney
ORANGE COUNTY FLOOD CONTROL
DISTRICT, a body corporate and politic
Date
James Treadaway
Director of Public Works
APPROVED AS TO FORM.
Office of the County Counsel
Orange County, California
Date: 7-i)2-9 By ____5!"
Deputy County Counsel
County of Orange. California
-Page2of2-
d®BST�TINGT
D
..aPa:��.ti�; City of Huntington Beach
z 2000 Main Street ♦ Huntington Beach, CA 92648
. �� (714) 536-5227 • www.huntingtonbeachca.gov
CpUNTY 0p. ®10 Office of the City Clerk
®s�� Robin Estanislau, City Clerk
March 25, 2024
Orange County Public Works OC Construction
Attn: Diane Hernandez
601 N. Ross Street
Santa Ana, CA 92701
Dear Ms. Hernandez:
Enclosed is the partially executed original Amendment 1 to Agreement MA-080-
23011516, approved by City Council on June 4, 2024, for final execution by OCFCD.
Upon final execution, please provide a fully executed copy to:
City of Huntington Beach
City Clerk's Office
Attn: Donna Switzer, Senior Deputy City Clerk
2000 Main Street, 2nd Floor
Huntington Beach CA 92648
Your attention to this matter is greatly appreciated.
Sincerely,
944,Z41/14-44)
Robin Estanislau, CMC
City Clerk
RE:ds
Enclosure
Sister City: Anjo, Japan
MO-23-000644
Agreement MA-080-23011516
COOPERATIVE AGREEMENT BETWEEN ORANGE COUNTY FLOOD CONTROL
DISTRICT AND CITY OF HUNTINGTON BEACH FOR FUNDING,
CONSTRUCTION,AND MAINTENANCE OF THE EAST GARDEN GRQVE-
WINTERSBURG CHANNEL(CO5)BRIDGES AT WARNER AVENUE,
SPRINGDALE STREET AND EDWARDS STREET IMPROVEMENTS PROJECT
This Cooperative Agreement("Agreement") is made and entered into this 2(.0+&`day
of csTS'ht 6 -- 2023 ("Agreement"), by and between the ORANGE COUNTY
FLOOD CONTROL DISTRICT ("DISTRICT"), a body corporate and politic, and the
CITY OF HUNTINGTON BEACH ("CITY"), a municipal corporation in the State of
California. The DISTRICT and CITY shall sometimes be referred to separately as a
"PARTY" and collectively as the"PARTIES".
RECITALS
A. In April 2023, the DISTRICT completed flood control improvements along a
certain segment of DISTRICT's regional flood facility commonly referred to as
East Garden Grove-Wintersburg Channel, Facility Number C05 ("CHANNEL").
The completed improvements included CHANNEL widening from upstream of
Warner Avenue to 1,200 feet downstream of Goldenwest Street to increase the
channel capacity and fortify the levees, as shown on Exhibit A, which is attached
to and made part of this Agreement.
B. The DISTRICT has proactively programmed a series of flood control
improvement projects from Pacific Coast Highway to the San Diego Freeway,
Interstate 405, that are integral with the United States Army Corps of Engineers'
Westminster Watershed Flood Risk Management Project which seeks to remove
the surrounding Huntington Beach area out of the existing floodplain.
C. The completed CHANNEL improvements excluded the three (3) CITY-owned
and maintained bridge crossings at Warner Avenue, Springdale Street and
Edwards Street ("BRIDGES"), as additional coordination and technical studies
with the City were needed for flood control improvements to these BRIDGES.
D. The DISTRICT identified that the BRIDGES do not meet Federal Emergency
Management Agency freeboard requirements and therefore require flood walls.
The proposed Project that is the subject of this Agreement consists of installing
flood walls on both the upstream and downstream ends of the BRIDGES and
replacing the superstructures to be compatible with the recently constructed
CHANNEL improvements to provide I% annual chance of exceedance flood
protection.
E. The BRIDGES are structurally in good condition according to Caltrans Bridge
Inspection Reports and technical studies performed by DIS1'RICT's Project
Engineer. As such, the proposed Project is addressing only the hydraulic
deficiencies.
1
659
MO-23-000644
Agreement MA-080-23011516
F. DISTRICT has prepared the Plans, Specifications, and Estimate (PS&E) for the
Project and the CITY has proactively reviewed the PS&E during the development
stage.The PS&E is substantially complete.
G. The CITY supports the Project and the DISTRICT shall obtain approval of the
PS&E prior to any work proposed to be made in accordance with California
Public Contract Code 21020.
H. The CITY desires to cooperate with the DISTRICT in implementing the Project
and maintaining ownership and maintenance of the BRIDGES upon Project
completion.
1. The CITY has determined that the Project conforms to the City's General Plan.
J. For the purpose of this Agreement, the Project shall encompass.the construction
phase and post-construction phase. The construction phase shall begin with
issuance of a Notice to Proceed to the DISTRICT'S Contractor and end with
Project close-out when the DISTRICT completes construction of the Project and
files a Notice,of Completion(NOC). The post-construction of the Project shall be
the responsibility of the CITY after the filing of the NOC.
K. The PARTIES desire to outline their respective responsibilities with respect to the
implementation of the Project and after the Project is completed.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual
covenants and conditions contained herein and other consideration, the value and
adequacy of which are hereby acknowledged,the PARTIES agree as follows:
1. Construction Phase Oblieations
a. Protect Engineer. DISTRICT is hereby designated as Project Engineer
("ENGINEER") and shall be responsible for any approvals, permissions, or
notices required pursuant to the construction contract documents. Construction
contract documents include,but are not limited to, Project plans, specifications,
and estimates ("PS&E"). The DISTRICT shall be responsible for executing and
delivering all documents required in connection with the construction of Project
including as-built plans and drawings("as-builts").
b. Project Contractor.Upon written approval by the City of the final Project PS&E,
the DISTRICT shall perform all administrative work required for negotiating and
executing the construction contract with the DISTRICT's Contractor
2
660
MO-23-000644
Agreement MA-080-23011516
("CONTRACTOR"). CONTRACTOR shall perform all work as required by,
and in strict accordance with, the construction contract documents, which
consists of removing the existing decks and barriers and replacing them with
voided precast girder units with a polyester overlay and new sidewalk and barrier
that connects to the flood walls at the Edwards Street Bridge, Springdale Street
Bridge and Warner Avenue Bridge. The DISTRICT shall require
CONTRACTOR to identify the CITY as an additional insured on
CONTRACTOR's required insurance policy(ies) with coverage to the
satisfaction of the CITY.
c. Project Construction. The DISTRICT shall be responsible for funding one
hundred percent (100%) of the construction of all Project-related funding
obligations to construct the Project in accordance with the construction contract
documents.
d. Project Inspection.The DISTRICT shall have primary inspection responsibility to
ensure the constructed Project and all components thereof conform to the
approved PS&E. The DISTRICT shall require the CONTRACTOR to obtain any
and all necessary permits for the Project, including encroachment permits from
the CITY. The DISTRICT will invite the CITY to attend the pre-construction
meeting prior to the start of the construction activity. The DISTRICT will hold
the pre-construction conference at the Project site or nearby field office. The
DISTRICT will notify the CITY no less than fourteen calendar days prior to the
start of construction. The CITY shall provide a Project liaison ("CITY
ENGINEER")during construction to coordinate with DISTRICT representatives.
As required by the CITY encroachment permits,CITY shall regularly inspect the
PROJECT within their jurisdiction and communicate with the DISTICT's
Project Manager and DISTRICT's Construction Inspector. Furthermore, the
CITY will be invited to and included in all construction progress/scheduling
meetings conducted for the Project.Should the CITY deem any remedial work to
be necessary, consistent with the construction contract documents, at the
conclusion of construction for the Project or any component thereof the CITY
•
shall notify the DISTRICT and specifically describe the needed corrections and
the proposed remedial work.All communications with the CONTRACTOR shall
be through the DISTRICT, unless immediate action is necessary to address
safety related concerns.
e. Construction Continuencies. The DISTRICT shall review and approve any usage
of CONTRACTOR or DISTRICT contingencies necessary for construction of
the Project and in accordance with the construction contract documents.
However, should CITY request additional work beyond that approved by the
PARTIES in the PS&E, and the additional work results in contingency usage,
CITY shall be responsible for funding one hundred percent (100%) of costs
associated with the CITY-initiated contingency usage for work in excess of that
approved in the PS&E.
3
661
MO-23-000644
Agreement MA-080-23011516
f. Project Acceptance. Prior to the DISTRICT's acceptance of Project
improvements and filing of a Notice of Completion, the CITY ENGINEER
shall review and provide written approval of all Project work. The CITY
ENGINEER's written approval shall only be withheld for work not completed
in accordance with the construction contract documents for the Project. The
DISTRICT shall furnish the CITY with an electronic copy of record drawings
for the completed Project and an electronic copy of the filed Notice of
Completion.
g. Warranties. DISTRICT shall require CONTRACTOR to provide and assign all
warranties, maintenance manuals,and material safety data sheets for the Project.
Once received, the DISTRICT shall forward the received warranties,
maintenance manuals, and material safety data sheets to the CITY prior to filing
NOC.
2. Post-Construction Phase Oblieations
a. Notice of Completion. When the DISTRICT completes the Project and issues a
copy of the Notice of Completion to the CITY, the CITY's post-construction
funding obligations shall begin, at which point the CITY shall assume ownership
of the completed Project within CITY permitted easements and right-of-way.
b. Post-Construction Maintenance. Upon CITY ENGINEER's written approval and
DISTRICT'S acceptance of the Project, CITY shall assume ownership, and
operation and maintenance obligations for all Project improvements within
CITY permitted easements and right-of-way.
3. Miscellaneous Oblieations
a. Indemnification&Hold Harmless. The Parties shall indemnify, defend with
counsel approved in writing, save and hold each of their elected officials,
officers, directors, agents and employees harmless from any and all claims,
injuries, liabilities, actions, damages, losses or expenses, of every type and
description to which they may be subjected arising out of any act or omission
of, their employees, representatives, agents and independent contractors in
connection with the-implementation of the actions described in this Agreement.
The Parties' duties and obligations under this paragraph shall survive
termination or expiration of this Agreement.
b. Assiimment.This Agreement shall be binding upon and inure to the benefit of
the successors and assigns of the Parties. No assignment of either Parry's
interest in this Agreement shall be made without the written consent of the other
Party.
c. Entirety:Amendments. This Agreement contains the entire agreement
between the Parties with respect to the matters provided for herein. No
4
662
MO-23-000644
Agreement MA-080-23011516
alteration or variation of the terms of this Agreement shall be valid unless made
in writing and signed by the Parties; and no oral understanding or agreement not
incorporated herein shall be binding on either of the Parties.
d. Severability.If any part of this Agreement is held,determined, or adjudicated to
be illegal, void, or unenforceable by a court of competent jurisdiction, the
remainder of this Agreement shall be given effect to the fullest extent possible.
e. Notices. Notices or ether communications which may be required or
provided under the terms of this Agreement shall be given as follows:
CITY: City of Huntington Beach
2000 Main Street
Huntington Beach,CA 92648
Attention:Tom Herbel, City Engineer
Email:Tom.Herbelasurfcity-hb.or_
DISTRICT: Orange County Flood Control District
OC Public Works
601 N.Ross Street
Santa Ana,CA.92701
Attention:Kevin Onuma, Chief Engineer
Email: Kevin.Onuma+u°vcpw.ocsov.corn
All notices shall be in writing and deemed effective when delivered via email,
in person, or deposited in the United States mail,first class,postage prepaid and
addressed as above. Notwithstanding the above, the Parties may also provide
notices by facsimile transmittal, and any such notice so given shall be deemed
to have been given upon receipt during normal business hours or, in the event of
receipt after business hours, on the following business day. Any notices,
correspondence, reports and/or statements authorized or required by this
Agreement,addressed in any other fashion shall be deemed not given.
f. Attorne' 's Fees. In any action or proceeding to enforce or interpret any
provision of this Agreement, or where any provision hereof is validly asserted
as a defense,the Parties shall bear their own attorney's fees,costs and expenses.
g. Governing Law&Venue. This Agreement has been negotiated and executed
in the State of California and shall be governed by and construed under the laws
of the State of California. In the event of any legal action to enforce or interpret
this Agreement, the sole and exclusive venue shall be a court of competent
jurisdiction located in Orange County,California, and the Parties hereto agree to
and do hereby submit to the jurisdiction of such court,notwithstanding Code of
Civil Procedure Section 394.
5
663
MO-23-000644
Agreement MA-080-23011516
h. Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which
together shall constitute a single instrument,
i. Termination. In the event DISTRICT or CITY defaults in the
performance of any of their obligations under this Agreement or materially
breaches any of the provisions of this Agreement, CITY and DISTRICT shall
have the option to terminate this Agreement upon thirty (30) days' prior
written notice to the other Party. In the event CITY or DISTRICT cures such
default within the thirty (30) day notice period, CITY and DISTRICT's
election to terminate shall be deemed revoked and of no further force and
effect as to that particular default. Any Party's failure to enforce this
Agreement as to one instance of breach shall not constitute a waiver of any
Party's ability to enforce this Agreement as to any future breaches or
noncompliance.
a. Availability of Funds. This Agreement is subject to the availability of
funds appropriated for this purpose, and nothing herein shall be construed as
obligating the Parties to expend or as involving the Parties in any contract or
other obligation for future payment of money in excess of appropriations
authorized by law.
6
664
MO-23-000644
Agreement MA-080-23011516
IN WITNESS WHEREOF, the PARTIES have executed this Agreement the day and year
first above written.
CITY OF HUNTINGTON BEACH,
a municipal corporation
Date: b f c2 i/A OR-2
By:
Tony Strickland,Mayor
ATTEST: APPROVED AS TO FORM:
By: ' ,,,,•Pss.. r
Robii Estanislau, City Clerk 'cliael E. Gates,City Attorney
CtANGE COUNTY FLOOD CONTROL
5ISTRICT,a body corporate and politic
2c� 23
Date: �(/ � By:
Chairman,Board of:upervisors
County of Orange,California
SIGNED AND CERTIFIED THAT A APPROVED AS TO FORM:
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIR OF THE
BOARD OF SUPERVISORS PER GC §
25103,RESO. 79-153504:
�J �t � ,�..� Otg(tally Agrted 6y5tepbanie[lark
1��.. 'I `fli"J(,;C= B Stephanie Clarkpatr2023.08.141324A7ATa0'
Robin .gtieler Deputy County Counsel
Clerk of the Board of Supervisors County of Orange, California
County of Orange,California
7
665
A Amendment No. 1 to add Yorktown Ave. to
ING -
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the existing
Agreement, MA-080-23011516,
•• ,cO R P O RA TF
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•.•••.• <53
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•• \' <' \ Between the City of Huntington Beach and
17
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% District (OCFD) for Funding , Construction,
%���i + and Maintenance of Bridges at Warner
•
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- l , Ave. Springdale St. , and Edwards St.
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Public Works Department
June 4 2024
666
BAC KG ROU N D
• Project Area: Talbert Channel (D02) at Yorktown Avenue Bridge
• Orange County Flood Control District (OCFD) previously installed sheet piles
along the DO2 channel to increase channel capacity but did not address the
Yorktown bridge location
• OCFCD identified this bridge location does not meet Federal Emergency
Management Agency (FEMA) freeboard requirements. Raising the top of the
channel walls are required in order to provide the required freeboard
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NEED/WHY/ BENEFITS
• Flood Protection
• Raising the top of the channel walls adjacent to the sidewalk
will meet FEMA freeboard requirements and increase
channel capacity
• Provide concrete repairs to existing OCFCD channel adjacent
to bridge61111LL gI �� ... c,ORP0RAT?,
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Existing Flood Wall Rendering Make oU:.'....CPSN
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668
DETAILS
• Construction expected to commence Summer 2024
• Expected completion date: Fall 2024
• City Costs: No Financial Impact
• OCFCD Project Costs - $700K
• A Cooperative Agreement specifies the responsibilities for each
agency during construction and post-construction phases. OCFCD will
be responsible for all construction related activities and City will , , ro;�n
assume responsibility for operation and maintenance once
construction is completed.
/finF,FFe Ao�\�q�+�
669
RECOMMENDATION
• Approve and authorize the Mayor and City Clerk to execute
Amendment No. 1 to the Cooperative Agreement Between the City
of Huntington Beach and Orange County Flood Control District-for
Funding, Construction, and Maintenance of the Talbert Channel
Bridge at Yorktown Avenue Project
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�0JTINGro,. 2000 Main Street,
oF.,.•„o A, ., Huntington Beach, CA
!A City of Huntington Beach �ypfl L��92648
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File #: 23-467 MEETING DATE: 6/20/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Chau Vu, Acting Director of Public Works
PREPARED BY: Chris Tanio, Principal Civil Engineer
Subject:
Approve and authorize execution of a Cooperative Agreement with the Orange County Flood
Control District for the East Garden Grove-Wintersburg Channel Flood Wall Improvements at
Warner Avenue, Springdale Street, and Edwards Street Bridges
Statement of Issue:
Approval of an agreement is requested between the City of Huntington Beach (City) and the Orange
County Flood Control District (OCFCD) to clarify roles and responsibilities as they related to the East
Garden Grove-Wintersburg Channel Flood Wall Improvements project. OCFCD, as the lead agency
submitted a Cooperative Agreement to the City, specifying funding, construction, and maintenance
commitments between both agencies.
Financial Impact:
None. OCFCD is responsible for funding 100% of improvements related to the construction of the
bridge flood walls in accordance with the contract documents. The City is currently responsible for
maintenance and operation of the bridges. When OCFCD completes the project, the City will
continue to be responsible for any post-construction maintenance within City right-of-way. Therefore,
no additional costs are anticipated.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute "Cooperative Agreement Between
Orange County Flood Control District and City of Huntington Beach for Funding, Construction, and
Maintenance of the East Garden Grove-Wintersburg Channel (C05) Bridges at Warner Avenue,
Springdale Street, and Edwards Street Improvements Project."
Alternative Action(s):
Deny approval of the Cooperative Agreement, which would result in stalling the project.
Analysis:
City of Huntington Beach Page 1 of 2 Printed on 6/15/2023
powere7f'h7y LegistarTM
File #: 23-467 MEETING DATE: 6/20/2023
In April 2023, OCFCD completed flood control improvements at the East Garden Grove-Wintersburg
Channel (EGGWC). These improvements included widening the channel from Warner Avenue to
1,200 feet downstream of Goldenwest Street to increase the channel capacity and fortify the levees.
Improvements at the Warner Avenue, Springdale Street, and Edwards Street bridge crossings were
excluded from this work due to additional coordination and technical studies.
As a result, OCFCD identified these bridges do not meet Federal Emergency Management Agency
freeboard requirements, which is the minimum clearance between the bridge structure's lowest
elevation and the highest design flood water elevation in the channel. Flood walls are therefore
required to meet the minimum freeboard to prevent overtopping of any embankment and provide a
safety factor to protect homes. OCFCD has completed the contract documents in order to build these
needed improvements.
OCFCD has prepared a Cooperative Agreement for this project, and the agreement specifies the
responsibilities for each agency during the construction and post-construction phase. Currently the
City is responsible for operation and maintenance of these bridges. During construction, OCFCD will
be responsible for all funding, inspections, project management, and all incidentals related to
completing construction of this project. Once construction is completed and accepted by the City and
OCFCD, the City will reassume responsibility for operation and maintenance.
Construction is expected to start in fall 2023 and anticipated to be complete by summer 2025.
CIAB/Public Works Commission Action:
None required for this action.
Environmental Status:
The project lead is the OCFCD, and they have obtained all environmental approvals prior to the start
of the project.
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1. Cooperative Agreement Between Orange County Flood Control District and City of Huntington
Beach for Funding, Construction, and Maintenance of the East Garden Grove-Wintersburg
Channel (C05) Bridges at Warner Avenue, Springdale Street, and Edwards Street Improvements
Project
2. PowerPoint Cooperative Agreement with OCFCD 2023-06-20
City of Huntington Beach Page 2 of 2 Printed on 6/15/2023
powereirkey LegistarTM
•
MO-23-000644
Agreement MA-080-23011516
COOPERATIVE AGREEMENT BETWEEN ORANGE COUNTY FLOOD CONTROL
DISTRICT AND CITY OF HUNTINGTON BEACH FOR FUNDING,
CONSTRUCTION,AND MAINTENANCE OF THE EAST GARDEN GROVE-
WINTERSBURG CHANNEL(C05)BRIDGES AT WARNER AVENUE,
SPRINGDALE STREET AND EDWARDS STREET IMPROVEMENTS PROJECT
This Cooperative Agreement("Agreement") is made and entered into this (2°4"- day
of J /-e r 6&- 2023 ("Agreement"), by and between the ORANGE COUNTY
FLOOD CONTROL DISTRICT ("DISTRICT"), a body corporate and politic, and the
CITY OF HUNTINGTON BEACH ("CITY"), a municipal corporation in the State of
California. The DISTRICT and CITY shall sometimes be referred to separately as a
"PARTY"and collectively as the"PARTIES".
RECITALS
A. In April 2023, the DISTRICT completed flood control improvements along a
certain segment of DISTRICT's regional flood facility commonly referred to as
East Garden Grove-Wintersburg Channel, Facility Number C05 ("CHANNEL").
The completed improvements included CHANNEL widening from upstream of
Warner•Avenue to 1,200 feet downstream of Goldenwest Street to increase the
channel capacity and fortify the levees, as shown on Exhibit A, which is attached
to and made part of this Agreement.
B. The DISTRICT has proactively programmed a series of flood control
improvement projects from Pacific Coast Highway to the San Diego Freeway,
Interstate 405, that are integral with the United States Army Corps of Engineers'
Westminster Watershed Flood Risk Management Project which seeks to remove
the surrounding Huntington Beach area out of the existing floodplain.
C. The completed CHANNEL improvements,excluded the three (3) CITY-owned
and maintained bridge crossings at Warner Avenue, Springdale Street and
Edwards Street ("BRIDGES"), as additional coordination and technical studies
with the City were needed for flood control improvements to these BRIDGES.
D. The DISTRICT identified that the BRIDGES do not meet Federal Emergency
Management Agency freeboard requirements and therefore require flood walls.
The proposed Project that is the subject of this Agreement consists of installing
flood walls on both the upstream and downstream ends of the BRIDGES and
replacing the superstructures to be compatible with the recently constructed
CHANNEL improvements to provide 1% annual chance of exceedance flood
protection.
E. The BRIDGES are structurally in good condition according to Caltrans Bridge
Inspection Reports and technical studies performed by DISTRICT's Project
Engineer. As 'such, the proposed Project is addressing only the hydraulic
deficiencies.
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MO-23-000644
Agreement MA-080-23011516
F. DISTRICT has prepared the Plans, Specifications, and Estimate (PS&E) for the
Project and the.CITY has proactively reviewed the PS&E during the development
stage.The PS&E is substantially complete.
G. The.CITY supports the Project and the DISTRICT shall obtain approval of the
PS&E prior to any work proposed to be made in accordance with California
Public Contract Code 21020.
H. The CITY desires to cooperate with the DISTRICT in implementing the Project
and maintaining ownership and maintenance of the BRIDGES upon Project
completion.
I. The CITY has determined that the Project conforms to the City's General Plan.
J. For the purpose of this Agreement, the Project shall encompass the construction
phase and post-construction phase. The construction phase shall begin with
issuance of a Notice to Proceed to the DISTRICT's Contractor and end with
Project close-out when the DISTRICT completes construction of the Project and
files a Notice of Completion(NOC). The post-construction of the Project shall be
the responsibility of the CITY after the filing of the NOC.
K. The PARTIES desire to outline their respective responsibilities with respect to the
implementation of the Project and after the Project is completed.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual
covenants and conditions contained herein and other consideration, the value and
adequacy of which are hereby acknowledged,the PARTIES agree as follows:
1. Construction Phase Obligations
a. Project Engineer. DISTRICT is hereby designated as Project Engineer
("ENGINEER") and shall be responsible for any approvals, permissions, or
notices required pursuant to the construction contract documents. Construction
contract documents include, but are not limited to, Project plans, specifications,
and estimates ("PS&E"). The DISTRICT shall,be responsible for executing and
delivering all documents required in connection with the construction of Project
including as-built plans and drawings("as-builts")..
b. Project Contractor. Upon written approval by the City of the final Project PS&E,
the DISTRICT shall perform all administrative work required for negotiating and
executing the construction contract with the DISTRICT's Contractor
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MO-23-000644
Agreement MA-080-23011516
("CONTRACTOR"). CONTRACTOR shall perform all work as required by,
and in strict accordance with, the construction contract documents, which
consists of removing the existing decks and barriers and replacing them with
voided precast girder units with a polyester overlay and new sidewalk and barrier
that connects to the flood walls at the Edwards Street Bridge, Springdale Street
Bridge and Warner Avenue Bridge. The DISTRICT shall require
CONTRACTOR to identify the CITY as an additional insured on
CONTRACTOR's required insurance policy(ies) with coverage to the
satisfaction of the CITY.
c. Project Construction. The DISTRICT shall be responsible for funding one
hundred percent (100%) of the construction of all Project-related funding
obligations to construct the Project in accordance with the construction contract
documents.
d. Project Inspection. The DISTRICT shall have primary inspection responsibility to
ensure the constructed Project and all components thereof conform to the
approved PS&E.The DISTRICT shall require the CONTRACTOR to obtain any
and all necessary permits for the Project, including encroachment permits from
the CITY. The DISTRICT will invite the CITY to attend the pre-construction
meeting prior to the start of the construction activity. The DISTRICT will hold
the pre-construction conference at the Project site or nearby field office. The
DISTRICT will notify the CITY no less than fourteen calendar days prior to the
start of construction. The CITY shall provide a Project liaison ("CITY
ENGINEER")during construction to coordinate with DISTRICT representatives.
As required by the CITY encroachment permits, CITY shall regularly inspect the
PROJECT within their jurisdiction and communicate with the DISTICT's
Project Manager and DISTRICT's Construction Inspector. Furthermore, the
CITY will be invited to and included in all construction progress/scheduling
meetings conducted for the Project. Should the CITY deem any remedial work to
be necessary, consistent with the construction contract documents, at the
conclusion of construction for the Project or any component thereof the CITY
shall notify the DISTRICT and specifically describe the needed corrections and
the proposed remedial work.All communications with the CONTRACTOR shall
be through the DISTRICT, unless immediate action is necessary to address
safety related concerns.
e. Construction Contingencies. The DISTRICT shall review and approve any usage
of CONTRACTOR or DISTRICT contingencies necessary for construction of
the Project and in accordance with the construction contract documents.
However, should CITY request additional work beyond that approved by the
PARTIES in the PS&E, and the additional work results in contingency usage,
CITY shall be responsible for funding one hundred percent (100%) of costs
associated with the CITY-initiated contingency usage for work in excess of that
approved in the PS&E.
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MO-23-000644
Agreement MA-080-23011516
f. Project Acceptance. Prior to the DISTRICT's acceptance of Project
improvements and filing of a Notice of Completion, the CITY ENGINEER
shall review and provide written approval of all Project work. The CITY
ENGINEER's written approval shall only be withheld for work not completed
in accordance with the construction contract documents for the Project. The
DISTRICT shall furnish the CITY with an electronic copy of record drawings
for, the completed Project and an electronic copy of the filed Notice of
Completion.
g. Warranties. DISTRICT shall require CONTRACTOR to provide and assign all
warranties,maintenance manuals,and material safety data sheets for the Project.
Once received, the DISTRICT shall forward the .received warranties,
maintenance manuals, and material safety data sheets to the CITY prior to filing
NOC.
2. Post-Construction Phase Oblisations
a. Notice of Completion. When the DISTRICT completes the Project and issues a
copy of the Notice of Completion to the CITY, the CITY's post-construction
funding obligations shall begin, at which point the CITY shall assume ownership
of the completed Project within CITY permitted easements and right-of-way.
b. Post-Construction Maintenance.Upon CITY ENGINEER's written approval and
DISTRICT'S acceptance of the Project, CITY shall assume ownership, and
operation and maintenance obligations for all Project improvements within
CITY permitted easements and right-of-way.
3. Miscellaneous Oblieations
a. Indemnification&Hold Harmless..The Parties shall indemnify, defend with
counsel approved in writing, save and hold each of their elected officials,
officers, directors, agents and employees harmless from any and all claims,
injuries, liabilities, actions, damages, losses or expenses, of every type and
description to which they may be subjected arising out of any act or omission
of, their employees, representatives, agents and independent contractors in
connection with the implementation of the actions described in this Agreement.
The Parties' duties and obligations under this paragraph shall survive
termination or expiration of this Agreement.
b. Assignment.This Agreement shall be binding upon and inure to the benefit of
the successors and assigns of the Parties. No assignment of either Party's
interest in this Agreement shall be made without the written consent of the other
Party.
c. Entirety:Amendments. This Agreement contains the entire agreement
between the Parties with respect to the matters provided for herein. No
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MO-23-000644
Agreement MA-080-23011516
alteration or variation of the terms of this Agreement shall be valid unless made
in writing and signed by the Parties; and no oral understanding or agreement not
incorporated herein shall be binding on either of the Parties.
•
d. Severability.If any part of this Agreement is held, determined, or adjudicated to
be illegal, void, or unenforceable by a court of competent jurisdiction, the
remainder of this Agreement shall be given effect to the fullest extent possible.
e. Notices. Notices or other communications which may be required or
provided under the terms of this Agreement shall be given as follows:
CITY: City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attention:Tom Herbel, City Engineer
Email:Tom.Herbel@surfcity-hb.oru
DISTRICT: Orange County Flood Control District
OC Public Works
601 N.Ross Street
Santa Ana, CA.92701
Attention:Kevin Onuma, Chief Engineer
Email: Kevin.Onumaeocpw.ocaov.com
All notices shall be in writing and deemed effective when delivered via email,
in person, or deposited in the United States mail,first class,postage prepaid and
addressed as above. Notwithstanding the above, the Parties may also provide
notices by facsimile transmittal, and any such notice so given shall be deemed
to have been given upon receipt during normal business hours or, in the event of
receipt after business hours, on the following business day. Any notices,
correspondence, reports and/or statements authorized or required by this
Agreement, addressed in any other fashion shall be deemed not given.
f. Attorney's Fees. In any action or proceeding to enforce or interpret any
provision of this Agreement, or where any provision hereof is validly asserted
as a defense,the Parties shall bear their own attomey's fees, costs and expenses.
g. . Governini?:Law&Venue. This Agreement has been negotiated and executed
in the State of California and shall be governed by and construed under the laws
of the State of California. In the event of any legal action to enforce or interpret
this Agreement, the.sole and exclusive venue shall be a court of competent
jurisdiction located in Orange County,California, and the Parties hereto agree to
and do-hereby submit to the jurisdiction of such court, notwithstanding Code of
Civil Procedure Section 394.
5
•
MO-23-000644
Agreement MA=080-23011516
h. Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which
together shall constitute a single instrument.
i. Termination. In the event DISTRICT or CITY defaults in the
performance of any of their obligations under this Agreement or materially
breaches any of the provisions of this Agreement, CITY and DISTRICT shall
have the option to terminate this Agreement upon thirty (30) days' prior
written notice to the other Party. In the event CITY or DISTRICT cures such
default within the thirty (30) day notice period, CITY and DISTRICT's
election to terminate shall be deemed revoked and of no further force and
effect as to that particular default. Any Party's failure to enforce this
Agreement as to one instance of breach shall not constitute a waiver of any
Party's ability to enforce this Agreement as to any future breaches or
noncompliance.
a. Availability of Funds. This Agreement is subject to the availability of
funds appropriated for this purpose, and nothing herein shall be construed as
obligating the Parties to expend or as involving the Parties in any contract or
other obligation for future payment of money in excess of appropriations
authorized by law. .
6
•
MO-23-000644
Agreement MA-080-23011516
IN WITNESS WHEREOF, the PARTIES have executed this Agreement the day and year
first above written.
CITY OF HUNTINGTON BEACH,
a municipal corporation
Date: bha/ g 0R-3 By: J"'T
Tony Strickland,Mayor
ATTEST: APPROVED AS TO FORM:
By: f .00
Robfh Estanislau, City Clerk 1hael E. Gates,City Attorney
(RANGE COUNTY FLOOD CONTROL
alOISTRICT,a body corporate and politic
2to 3 B : `--7k .
Date: /2
Y
Chairman,Board of upervisors
County of Orange, California
SIGNED AND CERTIFIED THAT A . APPROVED AS TO FORM:
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIR OF THE
BOARD OF SUPERVISORS PER GC §
25103,RESO.79-1535 ""84$
'( -r'M Digitally signed by Stephanie Clark
r' 9Zir Stephanie Clark Date:2023.06.14132407-0roce
By: � �k.). 6 - By
Robin tieler Deputy County Counsel
Clerk of the Board of Supervisors County of Orange, California
County of Orange, California
7
gig
�NTING.4 City of Huntington Beach
A, , ,.•`tigORPOfiAiaQ . 4o.`.
4.
.e,v` 2000 Main Street ♦ Huntington Beach, CA 92648
_ —=-== (714) 536-5227 ♦ www.huntingtonbeachca.gov
-,z ql
VGF Z:e ti A°�. 0 A� Office of the City Clerk
COUNTY O, Robin Estanislau, City Clerk
June 21, 2023
Orange County Flood Control District
OC Public Works
601 N. Ross Street
Santa Ana, CA 92701
Attn: Kevin Onuma, Chief Engineer
Dear General Manager:
Enclosed is a partially executed original of the Cooperative Agreement between Orange
County Flood Control District and the City of Huntington Beach for Funding,
Construction, and Maintenance of the East Garden Grove-Wintersburg Channel (C05)
Bridges at Warner Avenue, Springdale Street and Edwards Street Improvements
Projectapproved by the Huntington Beach City Council on June 20, 2023.
Upon complete execution, please return a fully executed copy to:
Robin Estanislau
City Clerk
2000 Main Street, 2nd Floor
Huntington Beach CA 92648
Your attention to this matter is greatly appreciated.
Sincerely,
6?rifiu 9-6"haizill.44)
Robin Estanislau, CMC
City Clerk
RE:ds
Enclosure
Sister City: Anjo, Japan
"► Agreement Between the Cityof Huntington Beach
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......... ,G,,•'•• �` and the and Orange CountyFlood Control District
•.• ���' Fp •• � \ g
__ _ ___` • . (OCFCD) for Funding, Construction, and
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, , � , • ' Maintenance of the East Garden Grove-
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Wintersburg Channel (C05) Bridges at Warner
�,� )0, : *, p Ave., Springdale St., and Edwards St.
• -
-." - -'---k %." c., * 0
oC` •..• r Public Works Department
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°OUNT 's( June 20, 2023
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126
BAC KG RO U N D
• Project Area: East Garden Grove-Wintersburg Channel (C05) bridges at Warner Ave., Springdale
St., and Edwards St.
• Orange County Flood Control District (OCFD) previously installed sheet piles along the C05
channel from Warner Avenue to. 1 ,200 feet downstream of Goldenwest Street tol increase channel
capacity but did not address bridge locations.
• OCFCD identified these bridge locations do not meet Federal Emergency Management Agency
(FEMA) freeboard requirements. Flood walls are required in order to provide the required
freeboard.
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127
NEED/WHY/ BENEFITS
• Flood Protection
• Installing flood walls will meet FEMA freeboard requirements
• Improving bridge deck will resist upward water forces
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Flood Wall Rendering 9
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128
DETAILS
• Construction expected to commence Fall 2024
• Expected completion date: Fall 2025
• City Costs: No Financial Impact
• OCFCD Project Costs - $19M
• A Cooperative Agreement specifies the responsibilities for each
agency during construction and post-construction phases. OCFCD will
' '
be responsible for all construction related activities and City will ���6-1.1NGTon'
00 O -..otpRRORA,..•..6
assume responsibility for operation and maintenance once
construction is completed. WW'=z
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129
RECOMMENDATION
Approve and authorize the Mayor and City Clerk to execute
"Cooperative Agreement Between the City of Huntington Beach and
Orange County Flood Control District for Funding, Construction, and
Maintenance of the East Garden Grove-Wintersburg Channel (C05).
Bridges at Warner Avenue, Springdale Street, and Edwards Street
Improvements Project" , <<II*�N��NGro
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130
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