HomeMy WebLinkAboutC-3222 - Protection of Seawater Pipeline during Storm Drain Channel Improvement Projects1
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E
9reement No. D98 -083
THIS AGREEMENT, for the purpose of identification hereby numbered D98 -OB3
and entered into this ` day of �C 0 1998, is BY AND BETWEEN
ORANGE COUNTY FLOOD CONTROL DISTRICT,
hereinafter referred
to as " OCFCD"
M U6
CITY OF NEWPORT BEACH, hereinafter
referred to as "CITY"
RECITALS
WHEREAS, OCFCD is constructing improvements on the Talbert Channel,
Facility No. D02 between Atlanta and Indianapolis Avenues in the City of
Huntington Beach, hereinafter referred to as "PROJECT "; and
WHEREAS, CITY operates, and maintains a 30 -inch asbestos cement water main
for the purpose of transporting groundwater, hereinafter referred to as "CITY
FACILITIES ", in the PROJECT area and which are in conflict and requires
protection in place during the PROJECT; and
WHEREAS, the OCFCD was notified by their contractor midway through the
PROJECT construction that the CITY FACILITIES may be in conflict with the
PROJECT and may require relocation. In order to avoid cancellation of the
PROJECT, OCFCD sought assistance from the CITY to redesign the PROJECT's
easterly retaining walls to avoid conflict with the CITY FACILITIES.
WHEREAS, CITY'S rights in the PROJECT are defined by permit from the OCFCD
where the special provisions of the permit require CITY to relocate,
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• 99reement No. D98 -083
1 reconstruct, or modify the installation of the CITY FACILITIES when necessary
2 for the construction, reconstruction, improvement or alteration of Orange
3 County Flood Control Facilities; and
4 WHEREAS, as a consequence of the PROJECT, CITY is responsible for CITY'S
5 costs associated with the protection of the CITY FACILITIES to accommodate
6 the PROJECT; and
7 WHEREAS, the CITY and OCFCD share responsibility for the PROJECT delay
8 costs related to the protection of the CITY FACILITIES.
9 WHEREAS, OCFCD and CITY desire to cooperate with each other now and in the
10 future to facilitate the protection of the CITY FACILITIES in accordance with
11 the terms of this AGREEMENT.
12 NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
13 A. OCFCD shall protect the CITY FACILITIES that interfere with the
14 PROJECT. CITY shall pay for costs to protect the CITY FACILITIES as
15 defined in Section E of this Agreement.
16 B. Upon completion of the PROJECT, OCFCD shall provide an invoice to CITY
17 for the total actual costs of protecting the CITY FACILITIES.
18 C. CITY shall pay OCFCD'S total actual costs for protection of the CITY
19 FACILITIES within sixty (60) days of receipt of said invoice from OCFCD
20 subject to the provisions of Section E.
21 D. During the PROJECT, the CITY agrees to cease transportation of
22 groundwater in the CITY FACILITIES potentially impacted by the PROJECT
23 for a maximum of six weeks during construction of the PROJECT. City
24 shall not transport groundwater in CITY FACILITIES within 72 hours of a
25 request of the OCFCD inspection staff to allow the construction of
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• freement No. D98 -083
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levee retaining walls at the easterly right of way line. OCFCD shall
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pay City liquidated damages of $2,000 per day for each day in excess of
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six weeks (42 days) that operation of CITY FACILITIES is prevented due
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to construction of the Project. OCFCD shall deduct liquidated damages
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from the invoice submitted to the CITY for reimbursement of the cost of
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protection of CITY FACILITIES.
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E.
CITY will pay the OCFCD one hundred percent (1008) of the first
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$150,000 of cost associated with the protection of CITY FACILITIES.
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CITY and OCFCD will share equally costs above the first $150,000. The
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CITY'S total cost is limited to a maximum of $200,000.
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F.
OCFCD agrees to allow the CITY to review and comment on future contract
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documents prepared by the OCFCD for the improvement of the Talbert
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Channel in reaches where the CITY has facilities (Between Hamilton
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Avenue in Huntington Beach and Slater Avenue in Fountain Valley).
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G.
If any part of this AGREEMENT is held, determined, or adjudicated to be
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illegal, void, or unenforceable by a court of competent jurisdiction,
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the remainder of this AGREEMENT shall be given effect to the fullest
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extent reasonably possible.
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H.
The parties to this AGREEMENT request and warrant that this AGREEMENT
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has been duly authorized and executed and constitutes the legally
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binding obligation of their respective organization or entity
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enforceable in accordance with its terms.
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I.
Any Notice or other written instrument required or permitted by this
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AGREEMENT to be given to either party shall be deemed received when
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either personally served or forty -eight (48) hours after being
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'jreement No. D98 -083
deposited in the U.S. Mail, postage prepaid, registered or certified
and addressed as follows:
OCFCD: Mr. David N. Marshall, Manager, Construction Division
ORANGE COUNTY FLOOD CONTROL DISTRICT
P.O. Box 4048
Santa Ana, CA 92702 -4048
CITY: Director of Public Works
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
J. This AGREEMENT shall be binding upon and inure to the benefit of the
successors and assigns of OCFCD and CITY. No assignment shall be made
without the written consent of both OCFCD and CITY. This AGREEMENT
constitutes the entire Agreement between OCFCD and CITY and supersedes
all prior understandings and Agreements, if any, between the parties
with respect to the subjects hereof.
K. Any approval required to be given by either party pursuant to the terms
of this AGREEMENT except for approval by County's Board of Supervisor's
and /or CITY's City Council shall be requested in writing and be deemed
given if no written response to the party's request for such approval
is received by the requesting party within thirty (30) days following a
request for such approval.
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I 109reement No. D98 -083
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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed by their officers thereunto duly authorized on the date first above
written.
Date: NOV 2 4 1998
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
ORANGE COUNTY FLOOD CONTROL DISTIRCT,
•,� //Ir
By:
Chairman of the Board
APPROVED AS TO FORM:
LAURENCE M. WATSON, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
1
Darlene J. Bloom R Deputy
Clerk of the Board of Supervisors of
Orange County, California
Date: ?LA sec 5
CITY OF NEWORT BEACH,
�nis Danner, Acting City ManagerDanner, Acting City Manager
APPROVED AS TO FORM:
CITY OP NEWPORT BEACH
Robert H. Burnham, City Attorney
f: /groups /pubworks/ council /fy98 -99 /july -13 /seawater /AGMT D98 -083
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July 13, 1998
CITY COUNCIL AGENDA
TO: Mayor and Members of the City Council I I J& 13
FROM: Public Works Department
SUBJECT: COOPERATIVE AGREEMENT WITH THE COUNItY QF 0 An T-0R
PROTECTION OF SEAWATER PIPELINE DURING STORM DRAIN
CHANNEL IMPROVEMENT PROJECTS
RECOMMENDATIONS:
Authorize the City Manager and the City Attorney to execute a cooperative
agreement with the County of Orange for the protection of the Seawater pipeline
during current and future storm drain improvement projects.
2. Approve budget amendment transferring funds in the amount of $50,000 from the
Water Main Master Plan Improvement Program, Account No. 7501- C5500074 to
the Seawater Pipeline Improvement (Talbert Channel), Account No. 7501 -
05500457.
0 HISTORY:
In 1991, the City Council entered into an agreement with the Orange County Water
District for the lease of the "Seawater Pipeline" to be used as part of the Groundwater
Development Project. The use of this existing pipeline within the Orange County Flood
Control's Talbert Channel easterly levee allowed the City to eliminate the construction
of over 2 miles of transmission pipeline that was necessary to transport groundwater
from Fountain Valley to Newport Beach. Section 3.5.8 of the agreement states that The
"CITY" shall be responsible for all cost incurred in the operation, maintenance and
repair of the Pipeline. The City is also responsible for any additional costs relating to
protecting or relocating the Seawater line by the following paragraph: "Permittee
agrees to relocate, reconstruct, or modify the installations to be made under this permit,
promptly upon written notice to do so, entirely at its expense, when necessary for the
construction, reconstruction, improvement or alteration of district's works including the
construction of tributary storm drain facilities by district or others." The portion of the
Seawater pipeline that is used as part of the Groundwater Development Project
extends between Hamilton and Garfield Avenues, in Huntington Beach.
TALBERT CHANNEL IMPROVEMENTS BY THE COUNTY OF ORANGE:
The County of Orange has been in the process of improving their Talbert Channel over
the past few years to increase storm carrying capacity. The existing channel is an
earthen trapezoidal channel. The improvements call for construction of vertical installed
. sheet piles within the levee and removal of the earthen side slopes. The Seawater line
is located within the easterly levee very close to the required location of the vertical
sheet piles and new levee retaining walls.
0 0
SUBJECT: COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE FOR PROTECTION OF
SEAWATER PIPELINE DURING STORM DRAIN CHANNEL IMPROVMENT PROJECTS
July 13 1998
Page 2
In June 1997, the County awarded a contract to KEC Construction to construct the
reach between Atlanta and Indianapolis Avenues. The Contractor began work on the
westerly right -of -way, the side that did not have the Seawater line in its levee. Prior to
mobilizing on the second half of the project, the Contractor had expressed concerns
about potential damage to the 30 -inch Seawater transmission main now in service and
transporting groundwater from Fountain Valley. The project plans called for the
contractor to protect the water main, however, the plans did not specify the material of
the pipeline. Most large diameter water mains are made of concrete coated steel
cylinders. The Seawater line is Asbestos Cement, which is vulnerable to sheer failure
under the stress loads from the construction project.
There have been three options explored by the County of Orange over the past year to
resolve the issue. 1) Redesign portions of a retaining wall footings to allow more
distance from the Seawater line during construction, 2) shut the water line down during
construction or 3) cancel the contract and re -bid the work with more clear direction on
how to protect the water line. Option 1, redesign of the retaining wall, was quickly
dismissed because the increased cost to construct the modified retaining wall footing
was excessive. In addition, the water line was still at risk. Canceling the contract and
re- bidding also would prove too costly, which was estimated at almost $600,000. The
only viable option would be to shut the water line down and allow the contractor to work
without the risk of a live water main.
DISCUSSION:
Given that the Groundwater Project went on -line in October 1997, a shut down of the
system was not financially feasible due to a short pumping year. The City may take up
to 75% of its groundwater from the basin during the water year, which began on July 1,
1997. The start in October allowed the City to only pump approximately 60% this year.
A shut down in the 1997/98 fiscal year would be for at least six weeks and cost the City
significantly in terms of lost water production. Replacement water would need to be
bought from the Metropolitan Water District at an estimated cost of $400,000. The
Contractor was requested to delay his efforts to July 1, 1998 when a new water year
begins and a shut down could take place without financial impact. The cost to delay the
County contract has been negotiated to approximately $250,000.
Because of the year delay and the additional cost in working around the water line, the
County has requested that the City pay any cost impacts to their $4,000,0000 channel
project. Since a majority of the cost impacts were because of the delay, this is a fair
request. However, since the City was not responsible for the contract, some burden is
on the County. After months of discussion, The City and County staffs have agreed to
the following:
City pays 100% of the first $150,000 of cost impacts due to the water line and
delay.
City and County share equally (50 %150 %) any costs in excess of $150,000.
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The City's total cost is limited to a maximum of $200,000. •
f:\ groups \pubworks \council \99\july- 13\seawaler line n
L J
SUBJECT: COOPERATIPAGREEMENT WITH THE COUNTY OF ORANGE FOR PROTECTION OF
SEAWATER PIPELINE DURING STORM DRAIN CHANNEL IMPROVMENT PROJECTS
July 13 1998
Page 3
Future projects will better define the City's obligation to share in the cost of the channel
improvement projects. The City will have ample opportunity to review the plans and
specifications and a separate bid item for protecting the Seawater line will be included.
Attached are two recent letters from the County of Orange discussing the issue.
RECOMMENDAITONS:
It is recommended that the City Council authorize the City Manager and City Attorney to
execute a cooperative agreement with the County of Orange for a payment, not -to-
exceed $200,000. In addition, the cooperative agreement will provide language to
ensure City review and approval of future County flood control projects where shared
costs are expected. Attached is a draft copy of the proposed agreement.
During the FY 1998 -99 budget process, $150,000 was established from the Water
Enterprise Fund under Capital Project Account No. 7501 - 055000457 in anticipation of
the necessary contribution for protection of the Seawater line. It is recommended that
the remaining $50,000 be funded from the Water Main Master Plan Improvement
Program, Account No. 7501- C5500074. A budget amendment is attached.
Respectfully itted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By:
Michael J. Sinacori, P.E.
Utilities Engineer
Attachments Location Map
Letters from the County of Orange Dated June 3, 1998 and June 30, 1998.
Draft Cooperative Agreement
Budget Amendment
f:\ groups \pubworks \council \99 \july -13 \seawater line �j
qty of Newport BeaCe NO. BA- 001
BUDGET AMENDMENT
1998 -99 AMOUNT: $50,000.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Budget Appropriations AND Decrease in Budgetary Fund Balanc
PX Transfer Budget Appropriations PX No effect on Budgetary Fund Balanc
SOURCE:
X from existing budget appropriations
from additional estimated revenues
from undesignated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To appropriate an additional $50,000 for the improving of the Talbert Channel to increase storm carrying
capacity. This is to protect the Seawater pipeline during this and future storm drain improvement projects.
ACCOUNTING ENTRY:
Amount
BUDGETARY FUND BALANCE Debit Credit
Fund Account Description
010 3605 Fund Balance Control
REVENUE APPROPRIATIONS (3601)
1.1D .1 • •.1
EXPENDITURE APPROPRIATIONS (3603)
Description
Division Number 7501 Distribution and Piping
Account Number C5500074 Water Main Master Plan Improv Pg $50,000.00
Division
Number 7501 Distribution and Piping
Account
Number C5500457 Seawater Pipeline Improvement
$50,000.00
Division
Number
Account
Number
Automatic System Entry.
Signed:
,/L/ ( "- 1
4 —Cl?
Financial Approval: Finance Director
,�
Date
Signed:
i
7—(,/-79-0
Ad it trative ppr val: City Manager
Date
Signed:
City Council Approval: City Clerk
Date
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County of Orange ; ,m _ 5 in
Public Facilities & Resources Department '_ _._._ ._. -J
oaf` John W. Sibley, Director " °lvpcRT crr:.i:ny.
JUN 0 3 1998 FILE: EF07350
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8910
Attention: Mike Sinacori, Utilities Engineer
Subject: Talbert Channel — Atlanta Avenue to Indianapolis Avenue
Gentlemen:
Over that last few months we have had several conversations and meetings regarding the subject
project. This letter is to summarize the project status, identify options, and request input from
City of Newport Beach.
The project is currently on hold. Sheet piles have been installed along the entire westerly side
of the channel and the channel has been fully excavated adjacent to those installed sheet piles.
With the exception of fencing and maintenance road items, the westerly half of the project is
complete. The easterly side of the project has a minor number of sheet piles installed at the
Atlanta Avenue (southerly) end of the project. The levee was built up in elevation as an interim
measure to provide an additional factor of safety during the rainy season. Remaining sheet piles
are being stored by the contractor.
We believe there are two viable options regarding this project:
Remobilize the Contractor to begin work in July 1998 when the City water line could be
temporarily shut down.
2. Terminate the current contract and re -bid the remaining project at some future date with
provisions for shut down or protection of the City's waterline included in the contract.
The attached sheets indicate the Contractor's (KEC) and the Department's estimated costs for
the respective project options. These costs are all subject to review and should not be
considered as final, but rather as a basis of comparing the two options.
CONSTRUCTION DIVISION MAILING ADDRESS: TELEPHONE:
1152 E. FRUIT STREET P.O. BOX 4048 (714) 567 -7800
SANTA ANA, CALIFORNIA SANTA ANA, CA 92702 -4048 FAX # 567 -7813
,r,
0
City of Newport Beach
Talbert Channel
Page 2
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The Department recommends the project proceed with Option 1. However, since the delay has
been the result of the conflict with the existing City owned water line, it is the opinion of this
office that the majority of the additional cost should be the responsibility of the City of Newport
Beach.
Construction Division staff is available to meet with you to finalize a decision on this matter. In
order to meet the Option 1 timetable established by the City, we need to make a decision within
the next few weeks in order to allow ample time to finalize negotiations with the contractor and
allow for remobilization on the project. Questions can be direct to the undersigned at (714)
567 -7801 or Stan Vander Mey, Acting Chief /Contracts at (714) 567 -7832.
Very truly yours,
&''qqcklq�� 0
David N. Marshall, Manager
PFRD /Construction Division
SD V:ar /CON013/ralbert.LTR.003
Attachment
CC: Don Webb, City of Newport Beach
John Sibley, PFRD
Ken R. Smith, PFRD
Herb Nakasone, PFRD
Vince Rosales, PFRD
•
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OPTION 1 (Remobilize in July)
Restart in July, pay to K.E.C.
Sheet pile storage
Delay costs
1" plate rental
Disputed work
Maintenance of Fly levee (to July)
CCO #1 (construct working pad for crane)
Class `B" trailer
Add'1 cost to unit prices (due to delay)
SUBTOTAL
Accelerate work (while pipe is shut down)
OPTION 1 TOTAL
OPTION 2 (Terminate Contract and Rebid)
• Terminate, pay to K.E.C.
Sheet pile storage
Delay costs
I" plate rental
Disputed work
•
Maintenance of E'ly levee (to July)
CCO #1 (construct working pad for crane)
Adjustments cost to unit prices (<75 1/6)
Material already purchased
<trucking of sheet piles> deduct
SUBTOTAL
Rebid, Agency Costs
Add'1 sheet pile storage (12 mos @ $2,500)
Add'1 maintenance of E'ly levee (after July)
Protection of waterline
Add'1 10% due to rebidding/engineering /cost increases
Trucking cost (deduct + 25% rate hike)
SUBTOTAL
OPTION 2 TOTAL
$ 16,269
$108,062
$ 2,718
$ 2,959
$ 10,000
$ 29,000
$ 10,000
74,40
$253,408
21,681
$275,089
$ 16,269
$108,062
$ 2,718
$ 2,959
$ 10,000
$ 29,000
$ 79,368
$ 13,418
( -)$ 10.080
$251,714
$ 30,000
$ 10,000
$200,000*
$ 83,708
12,600
$336,308
$588,022
* Estimate based upon separate line item ($200,000) for providing shoring to
protect active water line.
CONOI 13/rralbeMtA03 anach
4_
County oieorange
Public Facilities & Resources Department
John W. Sibley, Director
JUN 3 0 1998
City of Newport Beach
P. O. Box 1768
Newport Beach, CA 92658 -8910
Attention: Mike Sinacori, Utilities Engineer
Subject: Talbert Channel — Atlanta Avenue to Indianapolis Avenue
Gentlemen:
File: EF07350
As a follow up to our letter of June 3, 1998, it is the understanding of this office that the City prefers the
option of remobilizing the contractor and proceeding with the work on the subject project after July 1. As
identified in our June 3 letter, this option (Option 1) does involve additional costs to the project resulting from
a conflict with the City owned water line (estimated at $275,089). It is proposed that these "waterline impact"
costs be shared between the City and County as follows:
1) City pays 100% of the first $150,000. •
2) City and County share equally (50 %/ 50 %) any costs in excess of $150,000.
3) City's total cost is limited to a maximum of $200,000.
It is further proposed that the City allow the waterline to be shut down for a maximum duration of six (6)
weeks. Should the contractor exceed the allowable six week time period without a contractually permitted
time extension, the County will assess the contractor a penalty of $2,000.00 per calendar day for each day in
excess of the allowed shut down period. Any penalties assessed by the County will be used to reduce the
City's share of the "waterline impact" costs as discussed in this letter.
This office understands that this proposal requires approval by the City Council which cannot occur prior to
July 13, 1998. Subsequent to City Council approval of this proposal, a contract change order will be
submitted to the Board of Supervisors for their consideration. City understands that the contractor's costs
estimates were based upon resuming work shortly after July 1 in order to complete all the remaining work this
summer. Should City Council approval be delayed beyond July 13, the contractor's costs may increase to
reflect the additional risk associated with working in a flood control channel during the rainy season.
It is also noted that this waterline may be effected by future flood control project(s) on the Talbert Channel.
The Department's Design Division has agreed to coordinate with the City and provide a separate, well defined
item for the protection of this waterline in future contracts.
LOCATION: MAILING ADDRESS: TELEPHONE:
300 N. FLOWER ST P.O. BOX 4048 (714) 834 -2300
SANTA ANA, CALIFORNIA SANTA ANA, CA 92702 -4048 FAX # 834 -5188
City of Newport Beach •
Page 2
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Please feel free to contact the undersigned at (714) 567 -7801 should you have any further questions or
comments regarding this matter.
DNM:nk
Con042/'Falbert Channel/Ltr01
Cc: K. R. Smith, PFRD
Herb Nakasone, PFRD
Vince Rosales, PFRD
Jim Miller, PFRD
r �
L J
Very truly yours,
OA*
David N. Marshall, Manager
PFRD /Construction Division
�'O
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•
• DRAFT Oreement No. D98 -0_
THIS AGREEMENT, for the purpose of identification hereby numbered D98 -0
and entered into this day of 1996, is BY AND BETWEEN
COUNTY OF ORANGE, hereinafter referred
FEi 7
to as "COUNTY"
CITY OF NEWPORT BEACH, hereinafter
referred to as "CITY"
RECITALS
WHEREAS, COUNTY is constructing improvements on the Talbert Channel,
Facility No. D02 between Atlanta and Indianapolis Avenues in the City of
Huntington Beach, hereinafter referred to as "PROJECT "; and
WHEREAS, CITY operates, and maintains a 30 -inch asbestos cement water main
for the purpose of transporting groundwater, hereinafter referred to as "CITY
FACILITIES ", in the PROJECT area and which are in conflict and requires
protection in place during the PROJECT; and
WHEREAS, the COUNTY was notified by their contractor midway through the
PROJECT construction that the CITY FACILITIES may be in conflict with the
PROJECT and may require relocation. In order to avoid cancellation of the
PROJECT, COUNTY sought assistance from the CITY to redesign the PROJECT's
easterly retaining walls to avoid conflict with the CITY FACILITIES.
WHEREAS, CITY'S rights in the PROJECT are defined by permit from the
COUNTY where the special provisions of the permit require CITY to relocate,
reconstruct, or modify the installation of the CITY FACILITIES when necessary
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oreement No. D98 -0
for the construction, reconstruction, improvement or alteration of orange
County Flood Control Facilities; and
WHEREAS, as a consequence of the PROJECT, CITY is responsible for CITY'S
costs associated with the protection of the CITY FACILITIES to accommodate
the PROJECT; and
WHEREAS, the CITY and COUNTY share responsibility for the PROJECT delay
costs related to the protection of the CITY FACILITIES.
WHEREAS, COUNTY and CITY desire to cooperate with each other to facilitate
the protection of the CITY FACILITIES in accordance with the terms of this
AGREEMENT.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
A. COUNTY shall protect the CITY FACILITIES that interfere with the
PROJECT. CITY shall pay for all costs to protect the CITY FACILITIES
as defined in Section E of this Agreement.
E. Upon completion of the PROJECT, COUNTY shall provide an invoice to CITY
for the total actual costs of protecting the CITY FACILITIES.
C. Subject to the provisions of Section E, within sixty (60) days of
receipt of said invoice from COUNTY, CITY shall pay COUNTY'S total
actual costs for protection of the CITY FACILITIES.
D. During the PROJECT, the CITY agrees to cease transportation of
groundwater in the CITY FACILITIES potentially impacted by the PROJECT
for a maximum of six weeks during construction of the PROJECT. City
shall not transport groundwater in CITY FACILITIES within 24 hours of a
request of the COUNTY inspection staff to allow the construction of
levee retaining walls at the easterly right of way line. COUNTY shall
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• Oeement No. D98 -0
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pay City liquidated damages of $2,000 per day for each day in excess of
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days)
six weeks (42 that operation of CITY FACILITIES is prevented due
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to construction of the Project. County shall deduct liquidated damages)
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from the invoice submitted to the CITY for reimbursement of the cost of
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protection of CITY FACILITIES.
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E.
CITY will pay the COUNTY one hundred percent (100 %) of the first
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$150.,000 of cost associated with the protection of CITY FACILITIES.
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CITY and COUNTY will share equally costs above the first $150,000. The
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CITY'S total cost is limited to a maximum of $200,000.
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F.
If any part of this AGREEMENT is held, determined, or adjudicated to be
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illegal, void, or unenforceable by a court of competent jurisdiction,
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the remainder of this AGREEMENT shall be given effect to the fullest
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extent reasonably possible.
104
G.
The parties to this AGREEMENT request and warrant that this AGREEMENT
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has been duly authorized and executed and constitutes the legally
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binding obligation of their respective organization or entity
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enforceable in accordance with its terms.
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H.
Any Notice or other written instrument required or permitted by this
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AGREEMENT to be given to either party shall be deemed received when
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either personally served or forty -eight (48) hours after being
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deposited in the U.S. Mail, postage prepaid, registered or certified
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and addressed as follows:
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COUNTY: Mr. David N. Marshall, Manager, Construction Division
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County of Orange /PFRD
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P.O. Box 4048
•
Santa Ana, CA 92702
-4048
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Weement No. D98 -0
1 CITY: Director of Public Works
02 City of Newport Beach
3 P.O. Box 1768
4 Newport Beach, CA 92658 -8915
5 I. This AGREEMENT shall be binding upon and inure to the benefit of the
6 successors and assigns of COUNTY and CITY. No assignment shall be made
7 without the written consent of both COUNTY and CITY. This AGREEMENT
8 constitutes the entire Agreement between COUNTY and CITY and supersedes
9 all prior understandings and Agreements, if any, between the parties
10 with respect to the subjects hereof.
11 J. Any approval required to be given by either party pursuant to the terms
12 of this AGREEMENT except for approval by COUNTY's Board of Supervisor's)
13 and /or CITY's City Council shall be requested in writing and be deemed
04 given if no written response to the party's request for such approval
15 is received by the requesting party within thirty (30) days following a
16 request for such approval.
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ON
Weement No. D98 -0
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed by their officers thereunto duly authorized on the date first above
written.
Date:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
Darlene J. Bloom
Clerk of the Board of Supervisors of
Orange County, California
Date:
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COUNTY OF ORANGE,
By:
APPROVED AS TO FORM:
LAURENCE M. WATSON, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By:
Deputy
CITY OF NEWORT BEACH,
By:
Kevin J. Murphy, City Manager
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH
Robert H. Burnham, City Attorney
Cry of Newport Beac • NO. BA- 001
BUDGET AMENDMENT
1998 -99 AMOUNT: $50,000.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Budget Appropriations AND
NX Transfer Budget Appropriations
SOURCE:
X from existing budget appropriations
from additional estimated revenues
from undesignated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
P X Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balanc
No effect on Budgetary Fund Balanc
JUL 13
APPROVED
To appropriate an additional $50,000 for the improving of the Talbert Channel to increase storm carrying
capacity. This is to protect the Seawater pipeline during this and future storm drain improvement projects.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE Debit
Ewi-d Account Description
010 3605 Fund Balance Control
REVENUE APPROPRIATIONS (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Division Number 7501
Account Number C5500074
Division Number 7501
Account Number C5500457
Division Number
Account Number
Amount
Description
Distribution and Piping
Water Main Master Plan Improv Pg $50,000.00
Distribution and Piping
Seawater Pipeline Improvement
Credit
$50,000.00
Automatic System Entry.
Signed: (� G�i�r� ,% to -917
Financial Approval: Finance Director Date
Signed: 7 -4 /Y
Ad i strative A pro : City Manager Date
_r
Signed:ICt_�
City Council Approval: City Clerk Date