HomeMy WebLinkAboutNB 1 FLOOD CNTL PERMIT 06-02-86-,qGEN
DATE:
HAY 27, 1986
NEW BUSINESS
NO. 1
6-2-86
Inter- Corn
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITYMANAGER
PUBLIC WOIUCS DEPARll~ENT/ENGINEERING DIVISION
AGREEMENT PROVIDING FOR THE IRVINE COMPANY TO ASSUME CONDITIONS OF
FLOOB CONll~OL DISll~ICT PERMIT
RECOMMENDATION:
It is recommended that the Tustin City Council, at their meeting of June 2, 1986,
authorize the Mayor to sign and the City Clerk to attest to the attached
agreement.
BACKGROUND:
In conjunction with the E1 Camino Real Extension Project from the Tustin Auto
Center to Myford Road, certain work is to be performed within the FO7 Channel
where the roadway crosses said channel. The cost of this work is considered The
Irvine Company responsibility and required the City to obtain a permit from the
Orange County Flood Control District. This permit was issued with certain
conditions attached regarding maintenance responsibility, etc. The attached
agreement provides for The Irvine Company to reimburse the City for the flood
control channel work and to assume the conditions of the Flood Control District
permi.t.
This agreement has been reviewed and approved by the City Attorney's office.
Assistant City Engineer
DAW/BL/jm
Attachments
Bob Ledendecker
Director of Public Works/City Engineer
cc: City Clerk
City Attorney
AGREEMENT REGARDING THE CONSTRUCTION,
OPERATION AND MAINTENANCE OF
INTERIM FLOOD CONTROL IMPROVEMENTS
I · PARTIES
THIS AGREEMENT REGARDING THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF INTERIM FLOOD CONTROL IMPROVEMENTS (the
"Agreement") is entered into as of , 1986, by and
between THE CITY OF TUSTIN, a California municipal corporation
("City") and THE IRVINE COMPANY, a Michigan corporation,
( "Company" ) .
II. RECITALS
This Agreement is made with reference to the following
facts, among others:
A. City is proposing to construct an extension of the
E1 Camino Real roadway from its present termination point near
the proposed re-alignment of the E1 Modena-Irvine Channel (the
"New Channel") to Myford Road (the "Roadway Extension"). In
connection with the construction of the Roadway Extension, it
will be necessary for City to construct a bridge structure (the
"Bridge") across the New Channel and to install three 84-inch
diameter storm drain culverts and related inlet/outlet
structures (the "Culverts") within the existing channel
alignment of the E1 Modena-Irvine Channel (the "Existing
Channel") to serve as interim flood control improvements. Such
work by city will be in accordance with plans prepared by Robert
Bein, William Frost and Associates which have been or will be
approved prior to commencement of construction by the Orange
County Flood Control District (the "District"). The approximate
location of the Culverts is shown in Exhibit "A" attached
hereto.
B. City is willing to construct the Roadway Extension
and the Bridge at its sole uost and expense. Due to the
benefits Company will derive from such improvements, Company is
willing to reimburse City for the cost of installing the
Culverts. Upon completion of construction of the Culverts, City
will operate, maintain and repair the Culverts until such time
as the Culverts are removed or abandoned, and Company is willing
to reimburse City for the cost of operating, maintaining and
repairing the Culverts.
C. City has obtained an Encroachment Permit from the
County of Orange to install, operate and maintain the Culverts
and a temporary public road crossing over the Culverts within
the Existing Channel, Permit No. 85-00741-FC (the "Permit"). A
copy of the Permit is attached hereto as Exhibit "B" and
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incorporated herein by this reference.
D. city is agreeable to constructing the Roadway
Extension, the Bridge, and the Culverts and to operating,
maintaining and repairing such improvements provided that (i)
Company agrees to be subject to certain Special Provisions of
the Permit dealing with all monetary obligations of permittee,
including the cost of sediment removal by County; '(ii) Company
agrees to pay for all of City's costs to install, operate,
maintain-and repair the Culverts; and (iii) Company agrees to
other provisions required to protect City as set forth herein.
III. AGREEMENT
For and in consideration of the above recitals and of the
mutual covenants and agreements hereinafter set forth, City and
Company agree as follows:
· A. Effective Date and Term
This Agreement shall be deemed effective for all
purposes as of the date of execution by City and Company, and
shall terminate on the date of abandonment or removal of the
Culverts by City, whichever first occurs. "Abandonment" in the
context of this Agreement shall be deemed to occur on the date
when the ultimate channel improvements are completed and opened
for use by the District.
B. Insurance Durinq Construction
City agrees that any construction contract entered
into between City and any contractor for the purpose of
constr~cting the Roadway Extension, the Bridge, and the
Culverts, shall require the contractor to obtain and maintain,
until the completion of the improvements, liability insurancein
the minimum amount of Three Million Dollars ($3,000,000), naming
City, the District, the County of Orange. and the Company as
additional insureds under the policy or policies providing such
insurance coverage. If requested by Company, written proof of
such insurance and the naming of the above additional insureds
shall be provided to Company before commencement of construction
of the Channel Improvements.
C. Effect of Special Provisions of Permit
Company hereby agrees to be subject to Special
Provisions B, F, G, I, J and K of the Permit respecting all
monetary obligations of the permittee, including the cost of
sediment removal by County.
D. Re4~bursement of Construction Costs
- Company understands that City presently holds a bid
to install the Culverts from S.A. Healy Company, an Ohio
corporation, which quotes an installation price of $162,375.00.
Upon completion of the Culverts, Company agrees, within thirty
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(30) days of its receipt from City of an invoice for the cost of
installing the Culverts (which invoice shall clearly separate
the cost of installing the Culverts from the cost of
constructing the Bridge and the Roadway Extension, if a
composite invoice is used), reimburse City for the amount shown
on such invoice; provided, however, that Company shall not, in
any event, be liable for reimbursing City for any costs in
excess of the amount specified in the preceding sentence. For
purposes of this Agreement, the costs for installing the
Culverts-shall include (i) the cost of the three 84-inch pipes
and related materials; (ii) the cost of the inlet/outlet
structures installed or constructed in connection with such
pipes; and (iii) the'cost of backfill, compaction work and
appurtenant work necessary to bring the area to a grade
comparable to that existing on either side of the channel
immediately adjacent to the Culverts and necessary to satisfy
the requirements of the District.
E. Maintenance and Repair
Upon completion of construction of the Culverts by
City, City agrees, until the termination of this Agreement, to
operate, maintain and repair the Culverts in a good, safe and
functional condition, including but not limited to the
requirements of the Permit. Company shall reimburse City for
all costs and expenses incurred by City in the performance of
such operation, maintenance and repair responsibilities as
provided in Section III F below.
F. Reimbursement of Maintenance Costs
Company agrees to reimburse City for all costs and
expenses incurred by City in the performance of the operation,
maintenance and repair responsibilities set forth in Section III
E above. In order to receive payment, City must submit to
Company a statement itemizing all costs and expenses incurred in
connection with such operation, maintenance and repair together
with all invoices, receipts or proof of payment evidencing all
such expenditures. Company shall reimburse City within thirty
(30) days following receipt of such statement and evidence of
expenditures.
G. Indemnity
1. Company agrees to indemnify, defend and hold
City, and its officers, Council members, employees, agents and
representatives entirely harmless from and against any and all
liability, losses, demands, actions, claims, costs, and
expenses, including, but not limited to reasonable attorneys'
fees, of any kind or character arising out of or in any manner
connected with the failure of Company to perform its obligations
hereunder.
2. City agrees to indemnify, defend and hold
Company and its officers, employees, agents and representatives
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entirely harmless from and against any and all liability,
losses, demands, actions, claims, costs, and expenses,
including, but not limited to reasonable attorneys' fees, of any
kind or character to any person or property arising out of or in
any manner connected with the negligent and/or intentional acts
of city, its employees, agents and/or independent contractors in
the constr~ction, operation, maintenance and repair of the
Roadway Extension, the Bridge and the Culverts.
3. Nothing in this Section III G shall affect of
diminish the rights of either party under this Agreement to
obtain or seek damages for breach of contract or otherwise as
permitted by applicable law.
H. Attorneys' Fees
In the event that any action is instituted by City or
Company for the purpose of enforcing the terms and provisions of
this Agreement, the prevailing party in such action shall be
entitled to reasonable attorneys' fees and costs incurred.
I. Notices
Any notices or other communications to be given
pursuant to this Agreement shall be effective when received if
sent other than by mail, and, if sent by registered or certified
mail to the addresses set forth for each party below, postage
prepaid, shall be presumed effective two (2) business days after
deposit in the United States mail.
J. Execution
The signatories hereto represent that they have been
appropriately authorized to enter into this Agreement on behalf
of the party for whom they sign.
"COMPANY"
THE IRVINE COMPANY,
a Michigan~oration
/
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Mailing Address:
IRVINE COMMUNITY DEVELOPMENT COMPANY
550 Newport Center Drive
P.O. Box I
Newport Beach, CA 92660-0015
Attention: Project Manager/Tustin
"CITY"
THE CITY OF TUSTIN,
a California municipal
corporation
By:
Its:
By:
Its:
Mailing Address:
CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92680
APPROVED AS TO FORM;
City Attorney, City of Tustin
Lois E. j~ff~ey, ~Deputy
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51 518
LOCATION MAP
C PROPER ENCROACHME
'*IT PERMIT
I ~'aa'~ ~'mu~ _a"an~'~m- ._ ~/..me~. _ ..-I~E.-I REQULAllON/PUBUC PROPERTY PERMn'~ b~
I ~' I ~*~~~ Prov~m~on '~"
/ I ~-~.~*~_~
T~,,~,~4 ~ ~ ~ ,~ c~ k~ ~,~ M~~ ,",c~ ~/"~ ~",~ '
PERI~: ~&E .. - ~~~
City of ~,ttu/Publtc Works Dept.
300 ~ute~lal ~ay
~8tiu, ~ 92680
FACSJTY NAME NUMBER
El Hodena- Y07 -"
Irvine Channel
c~ .... Bob Ledendecker T~I~ $~-8890
PERI/.t tcOUSE: tmMc,~y~ty~h,w~Wm~,~.aefm~~,~~:. " ' '
To tnstall,'o~rate.and~intain-a t~ora~ public ~oad croaiiu~ vith..trtple ~" .... ....
R~ oto~drain culverts and appurtenances vithin Countys K1 Hodena-I~lne ~annel ..
LOCATION OF WOFIK~ ..... _ _ ? - Y- :~ :': %
-~. .' .~..-. .." ,.
Hodena-Irv'~ne' Channel,'-- AT EL - .Ca~{Uo Eeai . .-. .:.: .:.
-': ........ :.--" ' ' -Thos. Zros. Hap No. 24, CA
CO DE AT i050.00 (c p cit
Fwp~d b/:
TOTAL $1,050.00
Fund ~
PERMITTEE'S ACCEPTANCE:
COUNTY APPROVAL:
F69-62 '(Sept~ ~23, 1969)
llqSPECTIOIq ASSIGN14EIqT: COHSTRUCTIOli (83&-3188 v/cc Operations
PERMITFEE SHALL COMPLY WITH REGULATIONS PRINTED ON REVERSE SIDE OF PERMIT AND ATI*ACHMEHTS
NOTE: FOR YOUR PROTECTION CALL ALL UTILITIES BEFORE STARTING PERMITrED USE
DATE
REGISTER NO,
Exhibit "B"
Page 1 of 3
FEE+CODE
'tOT,M.
COUNTY OF ORANGE
EN~;,KONMENTAL MANAGEMENT AGENCY
REGULATION I PUBLIG PROPERTY PERMIT$ DIVISION
SPECIAL PROVISIONS
8S-00?41-FC ,
PomitN0.
Page 1 of 2
Co
Do
This permit is issued tot he City ofTust/n with the understanding that the
City intends the realignment of Orange Count~ FXoo~ Control District's BI
~ndena-trvLneCh&nnel, related to thedevelopuentof the Tuotin Auto Centar.
Reference io made to Public property Bnoromchmant Permit Ho. 85-00710-RC-
B~aocepttn~eof thilpernitf the City ofTustinherebyagrees to hold the
Count~of Orange and the Orange County Flc~d Control District hernleso from
any claims or 1/ability for damages to ~ersona or properties ar/sing out of
the construction an~ operations of the temporary road crossing and interim
flood control improvementaf including the cost of defending any ouch notion
ac to which the Count~ of or°nrc or the Orange CountyFloodControl District
u~ybenaned ss sperry defendant. ~he City shell, prior to c~mencemant of
any work relative to the construction authorized by this permit, require the
pro~ect ~ontractor(o) to obtain and maintain, until the completico of the
pro3ect, insurance coverage in the minLuunauount of three million dollars,
naming the County of Orange and the Orange countY ylcod Control District ac
an additional insured under the polic~ or pellcies providing such insurance
coverage.
City sgrees to payCo~nty~hecostof removal of sediment, fro~erosion
resulting from permitted work, including interim and ultimate channel
facilities, deposited in the B1M~ena-Zrvine Channel, downstream chaanels,
drains and Upper NeYport Bay, occurring between the co~encement of construc-
tion and completion and acceptance b~ District of the ultimate flood control
facilities. County andpe£mittee agree tothe following:
1. par~lttee shall implement appropriate erosion control measures during
and after construction an~ shall perform periodic 0u£veys of the
completed interim channel. The perimtic surveys of the channel shall he
co~ared to the Sas-built' channel dimensions. Any loss of material .
determined from the comparison shall he considered sediment deposition~
Frequency of surveys shall be u determined by the Director of the
Environmental Nanagement Agency.
City agrees to compensate the County for costs of re~oval of such
material at the rate of $3.00 per cubic yard. Should the total amount
of sedimentation be determined to be less than 2,000 cubic yards, no
consideration will be required; however, deposition of more than 2,000
cubic yards shall require payment for all material, including the ..
initial 2,000 cubic yards.
The granting of this permit shell in no way be construed as to approval of
permittee's interim or ultimate public road and/or channel facilities, nor
does it obligate the County for future design or acceptance of such.
Prior to this permit becoming effective, permittee shall construct a~
interim bypass weir at Bryan Avenue, as detailed on permitteets construction
plans for Facility No. F0? (Par~it 85-00710). Such bypas0 facilities shall
be operational before co~ence~ent of this permitted use and shall provide a
minimum of 500 cubic feet per second.
Exhibit "B"
Page z of j
EN~,,,~ONMENTAL MANAGEMENT AGENCY
REGULATION / PUBLIC PROPERTY PERMIT~ DIVISION
SPECIAL PROVISIONS
8S-00?41-FC
PemiINo.
Page 2 of 2
B. During oonetruction of sub,oct road and culverts,~ernittee nar·es to
m~in~in · t41~oriry seoondar~ ovar£1ov device for contro~ of excessive
flood flows, upstreau of sub3e~t weir, end in · Banner for discharge to
city's interim channel. Such i facility may be of a graded 8vale and
removed after couplet/on of road orussLng and culverts.
?. 'Pern~ttee shall be responsible for ius~allation of adequate security fencing
and/or guerdr&lle et sub, oct road crossing and County channel right of way.
G. In consideration for ~he granting of ~hia permit, permittee agrees to
Baintein nd operate Count's F07 channel facility betveen Browning Avenue
ina the San~aAnaFreevay durLng the permitted use and until such tine es
ultimate flood con,rs! facilities are coupleted and accepted b~ county
(FLood Control Dlat£1ct).
H. B~ aceeptance of this permit, City hereby grants to County permission to
enter upon the development si~e ~ ~e righ~f-~ ~or in~ec~
~n~:ol fac/li~y for ~r~se8 of pro~ec~ing nd ins~c~ing exis~/ng
r~gh~e~f-ny nd facilities. ~erclse of ~is righ~ shall ~ obligate ~he
~y for ~ca~ional pE~u~es of sub~ec~ in~r~ channe~ facili~es
relieve Ci~y of i~
Z. ~J~y ~/or its ~n~ra~tor shall pr~ide foe ~e free fl~ o~ storm
In ~ fl~ ~n~ol chapel a~ all ~lMs. Pe~ni~ee aOr~s ~ ~in~ain
ade~ate ~rso~&l, e~i~nt ~Mterials for e~rgency ze~ir and
· es~rat~ of dral~ge, fac~likies In ~e event of excessive fl~
lnol~ing city's z~al of s~Ject r~d crossing ~ culverts.
J. Permi~ee sha~l ~' res~nsible for su~rv~sion~ ~o~a~ ina~c~ion, surveying,
a~ M~eEla~s ~es~lng for all oons~ruc~ion ~rk~ cer~ifice~ion for such
in~luding ~pec~lon tests shall ~ furnished ~ ~rmi~ee ~n re~es~
~un~y ~ns~c~or. A co~ of ~e ~ni~ and a complete se~ o~ approved
shall b main~in~ a~ ~he ~ si~e a~ all ~ines.
K. City agrees to assume all responsibility for restoration, repair, reloca-
tion, modification, maintenance, or removal of permitted facilities frcu
flood control district right of way entirely at its expense and promptly
upon written notice tO. do so by the Director of Environmental Management
Agenc~.
L. At least 48 hours prior to the commencement of the permitted construction,
permittee shall notify County inspector by telephone at 834-3488, or by
writing, addressed to P.O. Box 4048, Santa Aha, California 92702-4048.
Permittee shall provide County with the name and telephone number of
permittee's authorized representatives responsible for coordination and
supervision of the permitted work.
N. This permit shall become void in the event the use permitted is abandoned
for a period exceeding one (1) year.
ltDB:dthRP01-40
6044
Exhibit "B"
~~.~s~! Page 3 of 3