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HomeMy WebLinkAboutCC AG PKT 2013-08-26 #HAGENDA STAFF REPORT DATE: August 26, 2013 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean P. Crumby P.E., Director of Public Works SUBJECT: COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF ORANGE, THE CITY OF HUNTINGTON BEACH, AND THE CITY OF SEAL BEACH REGARDING RECONSTRUCTION OF THE EDINGER AVENUE BRIDGE SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6403 approving a cooperative agreement between the County of Orange, City of Huntington Beach, and City of Seal Beach regarding reconstruction of the Edinger Avenue Bridge. BACKGROUND AND ANALYSIS: At the western end of Edinger Avenue, the County of Orange owns a bridge that crosses over the Bolsa Chica Channel and is the only entrance to the Sunset Aquatic Park (see attached Location Map). The bridge does not lie within the City of Seal Beach city limits but is adjacent to the City and serves the Sunset Aquatic Park, which is located within the City of Seal Beach. The County of Orange is required to reconstruct this bridge due to structural deficiency. The County of Orange will be responsible for 100% of the cost of the bridge reconstruction and to continue all future maintenance. The cooperative agreement allows for the County of Orange and their contractors to be in Seal Beach while working on this project. City of Seal Beach staff will work with the County to ensure that adequate outreach is performed to the residents that use the Sunset Aquatic Park. ENVIRONMENTAL IMPACT: Execution of a cooperative agreement is not a project per CEQA. The County of Orange will be responsible to meet all environmental impacts and comply with the California Environmental Quality Act for the reconstruction of the Edinger Agenda Item H Avenue Bridge. The City of Seal Beach will review and comment during the preparation of the environmental document. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: Approval of this agreement has no impact to the City's General Fund. RECOMMENDATION: That the City Council adopt Resolution No. 6403 approving a cooperative agreement between the County of Orange, City of Huntington Beach, and City of Seal Beach regarding reconstruction of the Edinger Avenue Bridge. SUBMITTED BY: Sean P. Crumby, P.E. Director of Public Works Prepared by: Michael Ho, Deputy Director of Public Works/City Engineer Attachments: NOTED AND APPROVED: ngra , City Ml ger A. Resolution No. 6403 B. Location Map C. Cooperative Agreement Page 2 RESOLUTION NUMBER 6403 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ENTER INTO A COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF ORANGE, THE CITY OF HUNTINGTON BEACH, AND THE CITY OF SEAL BEACH FOR THE CONSTRUCTION OF EDINGER AVENUE BRIDGE OVER BOLSA CHICA CHANNEL WHEREAS, the Edinger Avenue Bridge ('Bridge ") is a County owned bridge that lies entirely within the County right -of -way over crossing the Bolsa Chica Channel; and WHEREAS, in 2011 Caltrans classified the Bridge as "Structurally Deficient" due to the ongoing scour activity and severe deterioration of timber pilings from the marine borers in the Bolsa Chica Channel; and WHEREAS, the County has secured funds to replace and widen the Bridge and on both sides. The west side of the Bridge is within the City of Seal Beach and the east side is within the City of Huntington Beach; and WHEREAS, the Bridge project requires construction work within the cities of Seal Beach and Huntington Beach, therefore a Cooperative Agreement between the Cities are required. The Agreement outline each agencies duties and responsibilities during construction and after. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. Enter into a Cooperative Agreement between the County of Orange, the City of Huntington Beach, and the City of Seal Beach. Section 2. Authorize the City Manager to execute Cooperative Agreement Number D13 -027. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 26th day of August , 2013 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6403 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 26th day of August , 2013. City Clerk © 2012 Digital Map Products. All rights reserved. Exhibit "A" Agreement No. D13 -027 COOPERATIVE AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF HUNTINGTON BEACH AND CITY OF SEAL BEACH FOR FUNDING AND CONSTRUCTION OF EDINGER AVENUE BRIDGE OVER BOLSA CHICA CHANNEL This Cooperative Agreement is made and entered into this day of 2013 ( "Agreement "), by and between the COUNTY OF ORANGE ( "County "), a political subdivision of the State of California, and the CITY OF HUNTINGTON BEACH, a municipal corporation in the State of California, and the CITY OF SEAL BEACH, a municipal corporation in the State of California (collectively, a "City" or the "Cities "). The County and Cities shall sometimes be referred to separately as a "Party" and collectively as the "Parties." RECITALS A. The Edinger Avenue Bridge over the Bolsa Chica Channel ( "Bridge ") is a County owned bridge that lies entirely within County right -of -way, providing two -lane travel in each direction with an existing 4 -foot sidewalk on the south side of the Bridge and no existing shoulder and no bike lane on either side of the Bridge. B. In 2011, the Bridge was classified as "Structurally Deficient" with a sufficiency rating of 27.6 by Caltrans due to ongoing scour activity and severe deterioration of timber pilings caused by marine borers in the Bolsa Chica Channel C. County, in cooperation with Caltrans and the Federal Highway Administration, has identified a need to replace and widen the Bridge to improve vehicle, pedestrian and bicycle access on the Bridge. D. The proposed project discussed herein will: 1) replace the existing 15 -span heavy timber bridge with a 4 -span precast concrete bridge, 2) widen the bridge width to provide: i) two 12- foot -wide vehicle lanes, one in each direction, ii) two 8- foot -wide shoulders on each side of the Bridge, and iii) 5 -foot sidewalk/separated bikeway on the south side of the Bridge, 3) upgrade the existing barrier railing to provide traffic -rated railings, 4) raised the bridge profile and lengthen the bridge span to provide clearance for projected flood water elevations in the Bolsa Chica Channel, and 5) drainage improvements ( "Project "). E. Portions of the roadway connecting to the Bridge, west of the Bridge on Sunset Way East, require widening to provide a smooth transition between the widened Bridge and the existing roadways. F. The easterly side of Edinger Avenue from approximately 245 feet of the Bridge, and the southerly side of Edinger Avenue from approximately 230 feet on Countess Drive is within the City of Huntington Beach. G. The roadway from approximately 185 feet west of the Bridge where Edinger Avenue becomes Sunset Way East is within the City of Seal Beach. Page 1 of 9 Agreement No. D13 -027 H. Pursuant to State and local guidelines, County prepared and distributed a Draft Mitigated Negative Declaration and Initial Study IP 13 -048 for the Project and said IP 13 -048 was subsequently certified by the County Board of Supervisors as final, complete and adequate to satisfy the statutory requirements of the California Environmental Quality Act of 1970 (CEQA), as amended. L The Cities fully support the Project and desire to cooperate with the County in implementing the Project. 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. County and City Project Funding Obligations County will be responsible for one hundred percent (100 %) of the Project costs including design, right -of -way acquisition, temporary relocation and restoration of City owned utilities, construction and construction administration. County will not be responsible for costs related to review, inspection, oversight, or any other Project- related administration duties performed by Cities, which shall be solely borne by the Cities, respectively. 2. Right -of -Way Acquisition, Design & Construction 2.1 CEQA. County is hereby designated as the Lead Agency for Project and is responsible for preparing, processing and securing all necessary environmental documents required by CEQA, as amended. 2.2 Project Engineer. County is hereby designated as Project Engineer to perform all tasks necessary to prepare construction plans, specifications and cost estimates in accordance with criteria set forth in the current edition of the County of Orange Highway Design Manual, County of Orange Standard Plans, Cities' Standard Plans, California Department of Transportation's Manuals, latest editions of 2006 Standard Plans and 2006 Standard Specifications, and to advertise, award and administer the construction of Project and to execute and deliver all documents required in connection with the construction of Project. County shall comply with all applicable provisions of the Public Contract Code and other applicable laws. Furthermore, County shall coordinate with City when dealing with the community to ensure that community concerns are addressed in a manner acceptable to the Parties. 2.3 General Plan Conformance. Pursuant to Government Code Section 65402, Cities shall render reports as to whether the Project conforms to the Cities' respective General Plans. Execution of this Agreement does not constitute such reports. Page 2 of 9 Agreement No. D13 -027 2.4 County Highway Declaration. In accordance with Streets & Highways Code sections 1700 -1704, and prior to acquisition of right -of -way within the Cities, County shall pass a resolution declaring the Cities' roadways within the Project to be a County highway for purposes of Project right -of -way acquisition and construction only. Upon receipt of County's resolution, Cities shall consent by resolution to said County highway status. Upon County filing a notice of completion and Cities' acceptance of improvements, Cities' roadways shall no longer be designated a County highway. County and its contractor, subcontractors and agents shall not be required to obtain an encroachment permit from the Cities or other City permit or pay any City fee for any purpose covered by this Agreement. 2.5 Right -of -Way Acquisition. County shall be responsible for identifying right -of- way requirements within the Project limits, and shall also be responsible for any appraisals of properties needed for Project and right -of -way acquisition within County and Cities. If it is determined that any properties within a City can only be acquired through eminent domain, the respective City and County will confer to determine which Party will pursue eminent domain acquisition. County will remain responsible for the acquisition costs regardless if County or Cities pursue eminent domain. 2.6 Utility Relocation. County and City shall work together to identify all conflicting utilities within the Project. County shall issue all utility relocation request letters and perform temporary relocations of Cities owned utilities as required. City shall issue concurrence letters to all utilities for relocation requests within City roadways and assist with relocation efforts. Cities owned utilities will be restored to the original locations upon project completion and Cities shall assume ownership and maintenance responsibilities of such utilities. 2.7 Project Plans, Insurance & Warranties. a. County's Engineer or designee ( "County Engineer ") shall submit Project plans, specifications and engineer's estimate to Cities for review and approval prior to advertising Project for construction bids. Prior to County advertising Project, Cities shall promptly review the plans and special provisions for work within their respective City roadways and either approve or provide comments on said plans and special provisions within twenty (20) business days of receipt of such plans and special provisions from County. Should a City fail to provide timely comments on, and /or approval of these plans or special provisions in accordance with this time period, County may make a written demand to City for a response. If a City thereafter fails to provide comments on, and /or approve such plans or special provisions within three (3) business days of receipt of such demand, such plans or special provisions shall be deemed approved by the City. b. County shall require its contractor to identify the Cities as an additional insured with insurance sufficiently broad to the satisfaction of the Cities. c. County shall require its contractor to pass through and assign all warranties to Cities for Project work associated with their respective roadways. Page 3 of 9 Agreement No. D13 -027 2.8 Project Advertisement. Upon written approval of the final Project plans, specifications and engineer's estimate by Cities, County shall perform all of the administrative work required for advertising for bids, dealing with bid disputes and awarding the construction contract to the lowest responsible bidder. County may in its discretion reject all bids. If, after bids are opened, it is determined that insufficient funds are available to construct Project, County and Cities shall meet and confer to determine a course of action for Project. 2.9 Project Inspection. County will invite Cities to attend the pre - construction meeting after award of the construction contract. Cities shall have access to their respective City roadways at all times during construction for the purpose of inspection. County will notify Cities 48 hours in advance prior to construction in the Cities portions. Cities shall inspect regularly. Should a City deem any remedial work to be necessary, the City shall notify County in writing thereof within one (1) business day of inspection, specifically describing the needed corrections and proposed remedial work. The City shall be solely responsible for any remedial work that is not brought to the County's attention in accordance with this paragraph. 2.10 Contract Change Orders. County shall process any contract change orders ( "CCOs ") that are necessary for construction of the Project. If CCOs are needed within a City roadway, the City shall review and approve such CCOs and provide a Project liaison ( "City Engineer ") during construction to coordinate CCO approval. City Engineer shall provide concurrence on CCOs within two (2) business days of County's submittal to City. If City fails to concur with or propose changes to CCO within such time, such CCO shall be deemed approved. County shall be financially responsible for the CCOs that are included in the County /City approved final Project scope of work. 2.11 Project Acceptance. Prior to County's acceptance of Project improvements in and filing a notice of completion, the respective City Engineer shall review and provide written approval of all Project work within that City. The City Engineer's written approval shall only be withheld for work not completed in accordance with the construction contract documents for the Project, which uncompleted work shall be dealt with during the City's regular inspections. County shall furnish Cities with one set of record drawings (As -Built drawings) for the completed Project and a copy of the filed notice of completion. 2.12 City Obligations Post - Construction. Upon City Engineers' written approval and County's final acceptance of the Project, Cities shall assume ownership and maintenance obligations for improvements within City roadways, and Cities shall accept quitclaims from County for right -of -way acquired by County on Cities' behalf. Cities shall also assume maintenance responsibilities for landscape improvements within the City. 3. Miscellaneous Obligations 3.1 Time is of the Essence. The funding source for the Project requires timely environmental documents, design plans, and right -of -way certification submittals to Caltrans for approval. Therefore, time is of the essence. Cities agree to execute their responsibilities in an expeditious manner so as not to jeopardize Project funding. Page 4 of 9 Agreement No. D13 -027 3.2 Indemnification & Hold Harmless The Parties shall indemnify, defend with counsel approved in writing, save and hold each of its 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, its 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. 3.3 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. 3.4 Entirety & Amendments This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein. No 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. 3.5 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 reasonably possible. 3.6 Notices Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows: Cities: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Travis Hopkins, Director of Public Works /City Engineer City of Seal Beach 211 8th Street Seal Beach, CA 90740 Attention: Sean Crumby, Director of Public Works /City Engineer County: County of Orange /OC Public Works Department 300 N. Flower Street, Room 551 Santa Ana, CA 92702 -4048 Attn: Javid Sharifi, Manager, OC Road /Capital Projects All notices shall be in writing and deemed effective when delivered 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, on the following business day. Any notices, correspondence, Page 5 of 9 Agreement No. D13 -027 reports and /or statements authorized or required by this Agreement, addressed in any other fashion shall be deemed not given. 3.7 Waiver of Jury Trial Each Party acknowledges that it is aware of and has had the opportunity to seek advice of counsel of its choice with respect to its rights to trial by jury, and each Party, for itself and its successors, creditors, and assigns, does hereby expressly and knowingly waive and release all such rights to trial by jury in any action, proceeding or counterclaim brought by any Party hereto against the other (and /or against its officers, directors, employees, agents, or subsidiary or affiliated entities) on or with regard to any matters whatsoever arising out of or in any way connected with this Agreement and /or any other claim of injury or damage. 3.8 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 attorney's fees, costs and expenses. 3.9 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. 3.10 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 but one and the same instrument. 3.11 Termination In the event County 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 County shall have the option to terminate this Agreement upon thirty (30) days' prior written notice to the other Party. In the event City or County cures such default within such thirty (30) day period, City and County's election to terminate shall be deemed revoked and of no further force and effect as to that particular default. 3.12 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. Page 6 of 9 Agreement No. D13 -027 IN WITNESS WHEREOF, CITIES have caused this AGREEMENT to be executed by its respective mayor and attested by its respective Clerk, and COUNTY has caused this AGREEMENT to be executed by the Chairman of the Board of Supervisors and attested by its Clerk on the dates written opposite their signatures, all thereunto duly authorized by the Cities Council and the Board of Supervisors, respectively. CITY OF HUNTINGTON BEACH, a municipal corporation Date: By: Connie Boardman, Mayor ATTEST: APPROVED AS TO FORM: Joan L. Flynn, City Clerk By: Jennifer McGrath, City Attorney Page 7 of 9 Agreement No. D13 -027 CITY OF SEAL BEACH, a municipal corporation Date: By: Jill R. Ingram, City Manager ATTEST: APPROVED AS TO FORM: By: Linda Devine, City Clerk Quinn Barrow, City Attorney Page 8 of 9 Agreement No. D13 -027 COUNTY OF ORANGE, a political subdivision of the State of California Date: By: Chairperson, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By: By: Deputy Susan Novak Clerk of the Board of Supervisors of Orange County, California Page 9 of 9