HomeMy WebLinkAbout09 - Newport Backbay Slope StabilizationJanuary 9, 2000
CITY COUNCIL AGENDA
ITEM NO. 9
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: NEWPORT BACKBAY SLOPE STABILIZATION — COST SHARING
AGREEMENT WITH COUNTY AND RESOLUTION FOR A PORTION OF
BACKBAY DRIVE TO BE A COUNTY HIGHWAY DURING
CONSTRUCTION
RECOMMENDATIONS:
Approve the Agreement with the County of Orange for the cost sharing of the
Upper Newport Bay Slope Stabilization Project.
2. Adopt Resolution No. 2001 - declaring a portion of Backbay Drive owned by
the City to be a County Highway during construction of the project.
DISCUSSION:
During the 1995 and 1998 rainy seasons, the County slopes along the Bluffs area on the
easterly side of the Upper Newport Bay experienced surficial failures and sliding. As a
result of the earth moving down the slope, the City's sewer facilities have been exposed
and have lost some of the lateral support. In order to protect the sewer system, the sewer
main must be relocated away from the slope. This work is to be included in the County's
slope stabilization project, where the County is proposing to lower the ground water table
through the construction of a horizontal drain system in the slope. Other work items
include revegetation of the slope and the replacement of the City's deteriorated
corrugated metal pipe storm drain with reinforced concrete pipe.
The County is the lead agency for this project and has prepared the contract documents,
will secure all permits and environmental clearances, will be the construction manager
and will supervise the inspection and testing. Since most of the work will be
accomplished from the bottom of the slope on Backbay Drive, the Streets and Highways
Code requires that the City, by resolution, declare that the project portion of Backbay
Drive is a County Roadway for construction purposes. Upon completion of the project,
the City will accept ownership and maintenance of the facilities within City jurisdiction.
In order to proceed with the portion of the work on private property, the County and City
have obtained a temporary construction easement and permanent sewer and drainage
easements from the Bluffs Homeowners' Association. The Association has also agryRg
to assume financial responsibility for the landscaping and irrigation on their property.
SUBJECT: NEWPORT BACKBAY SLOPE STABILIZATION — COST SHARING AGREEMENT WITH COUNTY '!AND
RESOLUTION OF PORTION OF BACKBAY TO BE A COUNTY HIGHWAY DURING CONSTRUCTION
January 9. 2001
Page 2
County has indicated that construction can not begin until the fall of 2001 due to
environmental concerns and the permitting process.
The Agreement states that the County and City will equally share the construction,
permits, professional services, inspection and testing costs. The County will front, the
funding needed for these services and the City will reimburse the County after the Notice
of Completion is accepted. The estimated cost for all elements of the project is $700,000
— with the City's share being $350,000.
The FY 2000/2001 Budget provides $200,000 for this project. Most of this amount will be
carried over to FY 2001/2002 and an additional $150,000 will be needed for the project.
The City's increased share is due to the inability of the County to obtain State Funding to
help share in the cost of the project.
Respectfully submitted,
W1l
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: Wk—
City Engineer
Attachments: Resolution
Agreement
Map
RESOLUTION NO. 2001
RESOLUTION FOR THE DECLARATION OF
BACKBAY DRIVE WITHIN THE
CITY OF NEWPORT BEACH TO BE A COUNTY HIGHWAY
WHEREAS, portions of the natural Eastbluff slopes in the City of Newport Beach
(the "City ") and within the County of Orange (the "County ") Upper Newport Backbay
Regional Park experienced surficial failures and landslides in 1995 & 1998 due to heavy
rains and a high underground water table; and
WHEREAS, in the vicinity of Avenida
and landslides caused Backbay Drive to be
of time; and
Chico, said Eastbluff slope surficial failures
closed to the public for an extended period
WHEREAS, Backbay Drive is a scenic highway and important circulation facility
within the City of Newport Beach; and
WHEREAS, the County and City have cooperatively agreed to stabilize the
Eastbluff slopes in the vicinity of Avenida Chico and Backbay Drive (the "Project "); and
WHEREAS, by separate agreement between the County and City, the County
has agreed to be the contracting and construction agent for the Project; and
WHEREAS, Backbay Drive is located at the base of the Eastbluff slopes, will be
improved by the Project, and is needed by the County's contractor for access, staging
and storing equipment and materials; and
WHEREAS, Negative Declaration IP 99 -176 was prepared for Project and
posted by the County and reviewed by the City and subsequently certified by the
County on December 19, 2000; and
WHEREAS, through its Director of Public Works, the City has reviewed for
approval the contract plans and specifications affecting that portion of the Project within
jurisdiction of City; and
WHEREAS, the City has found and determined, in accordance with Government
Code Section 65402, that the Project conforms to the City's General Plan; and
WHEREAS, the County consented via a similar Resolution, that City's portion of
the Project be a County highway during the period of said improvement; and
WHEREAS, via said County Resolution, the City further consents and agrees to
accept for ownership and maintenance purposes, through its Director of Public Works,
the completed Project improvements within its jurisdiction upon County's acceptance of
the work and filing a Notice of completion by County's Board of Supervisors.
NOW, THEREFORE, be it resolved that:
Commencing with the award by County's Board of Supervisors of a
construction contract to the lowest responsible bidder, that portion of the
Project within the Citys jurisdiction shall be a County highway for the
purposes of construction for the duration of the construction contract for, the
Project, in accordance with Streets and Highways Code Section 1700 et seq.
2. The City consents and agrees to accept for ownership and maintenance
purposes, through its Director of Public Works, the completed Project
improvements within its jurisdiction upon County's acceptance of the work
and filing of a Notice of Completion by County's Board of Supervisors.
3. The Clerk of this City Council is hereby directed to transmit a certified copy of
this resolution to the Board of Supervisors of the County of Orange.
Adopted this 9th day of January , 2001.
MAYOR
ATTEST:
CITY CLERK
F:\ Users\PBW\Shared\Resolutions\Backbay Ddve.doc
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Agreement No. D00 -107
PROJECT: City of Newport Beach
Cost Sharing Agreement
Sewer Restoration Project -
Upper Newport Bay Nature Preserve
A G R E E M E N T
THIS AGREEMENT, for purposes of identification hereby dated the day
of , 2000,
BY AND BETWEEN The County of Orange, a subdivision of the
State of California, hereinafter referred to
as "COUNTY".
AND
The City of Newport Beach, a Municipal
Corporation hereinafter referred to as
"CITY" .
W I T N E S S E T H
WHEREAS, the COUNTY owns in fee absolute Upper Newport Bay Nature
Preserve, hereinafter referred to as "PARK "; and
WHEREAS, the COUNTY maintains and operates the PARK for recreational,
educational and resource (animal species and plant habitats) protection purposes;
and
WHEREAS, the PARK is surrounded by residential and commercial buildings
and CITY's supporting infrastructure including local streets, arterial highways and
utilities; and
WHEREAS, the eastern PARK boundary, commonly known as the "EAST BLUFF
SLOPES," and hereinafter referred to as such, consists of both COUNTY PARK property
and CITY road right -of -way as well as private property ownership along the top of
the slope; and
WHEREAS, CITY maintains and operates its utilities including sewer and
drainage system contiguous to the PARK or through easements across the PARK or
private properties; and
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Agreement No. D,00 -107
WHEREAS, CITY owns and maintains Back Bay Drive, hereinafter referred to
as "ROADWAY," and said ROADWAY provides vehicle, pedestrian and bicycle traffic and
scenic access to the Upper Newport Bay Ecological Reserve and portions of the PARK;
and
WHEREAS, in 1998 winter storms caused surficial failures and damage to the
EAST BLUFF SLOPES to such an extent that a portion of the CITY's sewer main, which
is located on the top of the damaged slope, is no longer structurally supported; and
WHEREAS, COUNTY and CITY recognize a common interest to stabilize the EAST
BLUFF SLOPE to protect CITY'S sewer line and the natural resources from further
damage; and
WHEREAS, COUNTY and CITY agree that cost sharing of expenses for this
project are in the best public interest and furthermore they wish to specify their
respective responsibilities for performance of design, construction and maintenance
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for said project; and
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WHEREAS, CITY and COUNTY possess full authority to enter into this
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agreement.
NOW, THEREFORE, CITY and COUNTY hereby mutually agree as follows:
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1. PROJECT DESCRIPTION
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COUNTY and CITY intend to contract for the work to repair the surficial
failures and stabilize the EAST BLUFF SLOPES, relocate sewer main, and
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construct drainage facilities in accordance with the terms,!covenants
and conditions more particularly set forth in this Agreement
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(hereinafter collectively referred to as the PROJECT).
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Agreement No. D00 -107
2. COUNTY RESPONSIBILITIES
County shall
A.) Be designated as the Lead Agency on the PROJECT and as such may
act on CITY's behalf as their agent in matters related but not
limited to permits, development of plans and specifications, bid
and award of contract, contract administration and inspection,
payment of contractors invoices and other such incidentals that
may be required. Notwithstanding the aforementioned, CITY may have
expertise that the COUNTY does not have particularly as it relates
to sewers and local drainage that may be made available.
B.) Prepare, process and secure all necessary permits from various
resource agencies, Army Corps of Engineers and Coastal Commission
and the like as may be required for the PROJECT, subject to CITY'S
review and approval, which approval shall not be unreasonably
withheld.
C.) Be responsible for and prepare, process and secure all necessary
environmental reports or documents required by the California
Environmental Quality Act of 1970 CEQA, as amended.
D.) Be responsible for retaining an A/E consultant(s) for the purposes
of preparing the supporting environmental studies and other
documents as needed to meet CEQA requirements and to assist in
securing all permits as identified in Paragraph 2B above. COUNTY
and CITY shall equally share in A/E consultant(s) costs.
E.) Be the construction and contracting agent for the PROJECT.
F.) Be responsible for the design of the horizontal drilled drains,
landscape and /or re- vegetation plan for natural slope face and
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Agreement No. D00 -107
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repair of "chute failure" in accordance with the approved plans
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and specifications.
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G.)
Perform topographical survey work as required for the PROJECT and
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provide electronic files to the CITY to aid in their design work.
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H.)
Assist CITY, subject to the availability of COUNTY resources, in
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_CITY'S design elements.
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I.)
Notify utility companies as appropriate including notice to
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relocate utilities on CITY'S behalf.
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J.)
Prepare and process all documents associated with a temporary
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construction easement and permanent horizontal drain easement for
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the PROJECT.
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K.)
For PROJECT purposes, by resolution of the Board of Supervisors,
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declare Back Bay Drive to be a County Roadway; Declaration of
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County Roadway to last for the duration of construction period
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only.
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L.)
Process contract change orders that are necessary for the
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completion of the PROJECT as shown on the approved plans and
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specifications; note any plan changes on record drawings. Obtain
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the written concurrence of the City Engineer prior to making the
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field decisions and /or issuing PROJECT change orders affecting
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PROJECT'S design and /or costs of the CITY'S portion of the
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PROJECT.
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M.)
Following Notice of Completion, have the responsibility!to own,
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maintain and adhere to resource agency requirements for :those
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portions of the PROJECT within COUNTY jurisdiction.
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Agreement No. D00 -107
N.) Require acceptance of the PROJECT be subject to the City
Engineer's approval, in writing, if the construction affects the
operations and maintenance of PROJECT within CITY limits.
O.) Furnish and deliver to CITY all documents required in connection
with the construction and completion of PROJECT.
P.) Provide in Contract Bid Documents that the contractor selected by
COUNTY to perform the construction of PROJECT in accordance with
the approved plans and specifications shall(1) name the City as an
additional insured under its insurance policy for the construction
of PROJECT and (2) add City as an additional party to be
indemnified by said contractor under the indemnity clause in the
construction contract between COUNTY and contractor.
3. CITY RESPONSIBILITIES
A.) Provide access to COUNTY and County's contractor, subcontractors
or agents to ROADWAY as may be required by the PROJECT documents.
B.) Provide law enforcement assistance as may be required to maintain
any temporary road closures as necessary and to prevent public
injury.
C.) Provide such studies, reports or plans and specifications as may
be available for review by COUNTY's contractor(s) and /or inclusion
into PROJECT contract documents.
D.) Provide design work /construction documents /plans as required for
any improvement to CITY's sewer and drainage systems. Said
documents to be electronically or otherwise sent to COUNTY in a
timely fashion for inclusion in COUNTY's bid package. CITY plans
to be stamped by CITY Engineer or consulting engineer firm.
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Agreement No
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D00 -107
E.) Prepare and process all documents associated with the sewer line
relocation easement and overside drain easement (if necessary) for
the PROJECT.
F.) For PROJECT purposes, by declaration of the CITY Council, declare
Back Bay Drive to be a County Roadway; Declaration of County
Roadway to be in effect for the duration of construction period
only.
G.) Provide a General Plan Conformance finding in accordance with
Government Code Section 65402 approving the PROJECT.
H.) Following Notice of Completion, have the responsibility, to own,
maintain and adhere to resource agency requirements for those
portions of the PROJECT within CITY jurisdiction.
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4. JOINT FUNDING RESPONSIBILITIES
COUNTY and CITY agree to share equally all costs associated with the
PROJECT, specifically herein identified as construction, permits and
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A/E consultant costs. However, if the apparent low bid is more than
10% over the Engineer's estimate, the COUNTY and CITY must both agree
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in writing to the award of the contract. In addition, CITY agrees to
share one half (1 /2) of COUNTY'S construction inspection cos its based
upon actual hours billed to the PROJECT. COUNTY shall.provide CITY an
estimate of costs required for inspection prior to the award of
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contract and CITY shall agree.in writing to that amount. CIITY
agreement to its share of construction inspection amount shall be a
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requirement of contract award. Failure by parties to reach agreement on
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the shared cost amount of inspection shall result in CITY portion of
the PROJECT being deleted from the scope of work and contract award
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Agreement No. D00 -107
being made only for those items of work associated with COUNTY portion
of the PROJECT.
Not withstanding the aforementioned, the COUNTY and CITY agree to share
equally in any offsetting State or other revenue that may be made
available for this PROJECT.
5. PROJECT ACCOUNTING AND FINAL PAYMENT
Subject to the CITY's obligation to reimburse COUNTY for its share of
all PROJECT costs as provided for herein, COUNTY agrees to fund its
share of the total PROJECT costs and to advance the CITY'S share of
said costs for purposes of contract administration and payment of
contractor(s). Within one hundred and twenty days from acceptance of
"Notice of Completion" by COUNTY, COUNTY shall submit for CITY'S review
and approval a Final Accounting Report for the PROJECT. Said approval
shall not be unreasonably withheld. Upon approval, CITY shall reimburse
COUNTY within 60 days of receipt of said final accounting.
6. TERM
The term of this Agreement shall be for two years, commencing on the
date of final execution. Either party may request an Agreement
extension if construction of the PROJECT exceeds the two -year time
period. Neither this Agreement, nor any terms thereof, may be modified,
waived, discharged or terminated except by written instrument executed
by both CITY and COUNTY.
7. IDEMNIFICATION
CITY agrees to indemnify and hold COUNTY harmless from any loss,
liability, claim, suit or judgement resulting from works or acts done
or omitted by CITY in carrying out this Agreement. COUNTY agrees to
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Agreement No. D00 -107
indemnify and hold CITY harmless from any loss, liability, claim, suit
or judgement resulting from work or acts done or omitted by COUNTY in
carrying out this Agreement.
8. NOTICES
Notices or other communications, which may be required or provided
under the terms of this Agreement, shall be given as follows:
A.) COUNTY
Manager, PFRD /Harbors, Beaches and Parks
P.O. Box 4048
Santa Ana, California 92702 -4048
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B.) CITY
City Engineer, Public Works Department
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3300 Newport Boulevard
Newport Beach, California 92659 -1768.
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Agreement No
D00 -107
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
dates opposite their respective signatures:
Date:
APPROVED AS TO FORM
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
Is
By
Director, Public Facilities & Resources Department
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Agreement No. DOO -107
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
dates opposite their respective signatures:
CITY OF NEWPORT BEACH
Date:
ATTEST:
City Clerk
By
Mayor
APPROVED AS TO FORM:
City At Forney of Newport Beach
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PROJECT LOCATION
N
CENTERLINE OF EXISTING
PUBLIC UILITY EASEMENT
S 15.00 FEET WIDE
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NEWPORT I
Count y ! I SEWER EASEMENT, 20.00 FEET WIDE,
I HEREBY GRANTED BY THE BLUFFS
BAY Slope—Z I I I 1 HOMEOWNERS ASSOCIATION TO THE
I CITY OF NEWPORT BEACH
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Exposed i Ir —Sewer ed
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Sewer !1 i31
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�; ' �,o.00 Bluffs Homeowners' 1
oo. Association Property
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STORM DRAIN EASEMENT, 30.00 FEET WIDE,
GRANTED BY THE COUNTY I
OF ORANGE
TO THE I I
TO TXE CITY Of NEWPORT BEACH
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J S 45 °04'49" W /
23.44' /
BTW ; % STORM DRAIN
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PUBLIC PER TRACT I PUBLIC UTILITY EASEMENT
DEDICATED PER TRACT NO. 5435 DEDICATED PER TRACT NO. 5435
iGa4� j ------ LOT 126
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LOT 127
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ENVPORT
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December, 2000