HomeMy WebLinkAbout11 - Approval of Amendment No. 1 to the Newport Backbay Slope Stabilization Cost Sharing Agreement with the County of OrangeJuly 10, 2001
CITY COUNCIL AGENDA
ITEM NO. 11
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO THE NEWPORT BACKBAY SLOPE
STABILIZATION COST SHARING AGREEMENT WITH THE COUNTY OF
ORANGE
RECOMMENDATION:
Approve Amendment No. 1 to the Newport Backbay Slope Stabilization Cost Sharing Agreement
D00 -107 between the City and the County of Orange.
DISCUSSION:
On January 9, 2001, the City Council approved a cost sharing agreement with the County of
Orange to equally share costs for the construction, necessary permits, professional services,
inspection, and testing for the project. Major items of work included relocation of the City's sewer
main, grading, construction of a City drainage system, and a County horizontal drain system to
lower the ground water table.
As the lead agency, the County bid the project and the lowest responsible bid ($624,560) was 30
percent above the Engineer's estimate of $479,550. This increase in cost was almost completely
tied to the County's portion of the project, specifically the horizontal drains. Both City and County
Staff agree that the County should be responsible for the increase in the costs of the horizontal
drains over $100,000 estimate. This amounts to an additional $128,000 as the County's sole
responsibility and no additional cost to the City.
Amendment No. 1 addresses the joint funding responsibilities of each agency. The respective
agency (City or County) will be responsible for change orders that are attributable solely to their
portion of the project. Change orders that affect both the City and County portions of the project
shall be shared equally on a 50/50 basis. All other terms of the original agreement remain in full
force.
In summary, the City's construction award portion is $248,280 and the County's portion is
$376,280. Staff recommends approval of Amendment No. 1 to the agreement.
s/npectfulllyysu(bZmiitted, ( /�
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: (�tLCUl
Bill Patapoff, P1 .1/l/
City Engineer
Attachments: Amendment No. 1
Agreement No. D00 -107
Amendment No. 1 to Agreement No. D00 -107
1 AMENDMENT No. 1
2
3 THIS AMENDMENT No. 1, for purposes of identification is hereby dated the
4 day of , 2001,1 and is
5 BY AND BETWEEN
The County of Orange, a subdivision of the State of
6 California, hereinafter referred to as "COUNTY ".
7 AND
The City of Newport Beach, a municipal
8 corporation, hereinafter referred to as
"CITY"
9
10 W I T N E S S E T H
11 WHEREAS, COUNTY and CITY entered into Agreement NO. D00 -107 which
12 details the responsibilities of the two parties relative to the repair of the Backbay
13 Slope at Avenida Chico, hereinafter referred to as the "project "; and
14 WHEREAS, Section 4. of Agreement D00 -107 identifies joint funding
15 responsibilities of the parties based upon a fifty -fifty cost share of all
16 construction costs, permitting and A/E consultants. The CITY further agreed to share
17 construction inspection costs based upon actual hours billed to the project by COUNTY
18 construction staff; and
19 WHEREAS, Section 4. further states that the CITY must agree to
20 contract award in writing if the apparent low bid for the project exceeds 10% of the
21 engineer's estimate; and
22 WHEREAS, the COUNTY received bids from four firms, with the lowest
23 most responsible bid approximately 30% over the engineer's project estimate. Analysis
24 of the bid results and further discussion with the apparent low bidder indicate that
25 the 30% cost increase was almost completely tied to the "County's" portion of the
26 project; and
1
I
1
2
3
4
5
6
7
6
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Amendment No. 1 to Agreement No. D00 -1
WHEREAS, the original joint funding terms found in Agreement D00 -107
were established by costing out each item of work to take place on CITY and COUNTY
[properties; and
WHEREAS, the engineer's estimate prepared prior to project award
determined that work was nearly equal in cost and therefore the parties agreed to
share the costs on a 50/50 basis; and
WHEREAS, the COUNTY and the CITY have agreed via subsequent letter
that the CITY should not be responsible for sharing project costs that are
attributable to working conditions and permit restrictions associated with the
"County's" portion of the project, specifically the drilled horizontal drains, over
and above the original 50/50 cost sharing agreement.
NOW, THEREFORE, be it resolved COUNTY and CITY hereby mutually agree
to amend Paragraph 4 of the Agreement D00 -107 as follows:
4. JOINT FUNDING RESPONSIBILITIES
COUNTY and CITY agree to share equally all costs associated with
the project, specifically herein identified as construction, permits and A/E
consultants costs subject to the following:
a. Any project construction costs associated with the Drilled
Horizontal Drains ( "project construction bid item no. 14.)
that exceeds $100,000 shall be paid solely by the COUNTY.
b. The respective party (CITY or COUNTY) shall pay any
construction Change Orders that are attributable solely to
their portion of the project that alter the original scope
and /or design of the items of work. Change orders that affect
both the CITY and COUNTY portions of the project shall be
shared equally on a 50/50 basis.
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Amendment No. 1 to Agreement No. D00 -1
S. REAFFIRMATION Except as amended, modified or supplemented by
this Amendment No. 1 the Agreement shall remain in full force and effect and the
parties hereby reaffirm all of its terms, covenants and conditions.
3
1
2
3i
Amendment No. 1 to Agreement No. D00 -10;
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
No. 1 on the dates opposite their respective signatures:
4
5
6
Date:
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
I Date:
APPROVED AS TO FORM
COUNTY COUNSEL
ORANGE Cg3NV, CALI
By
By
SIGNED AND CERTIFIED THAT A COPY OF THIS
AGREEMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF
THE BOARD
DARLENE J. BLOOM
Clerk of the Board of Supervisors of
Orange County, California
By
Director, Public Facilities & Resources Department
Of 61: � r/
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Amendment No. 1 to Agreement No. D00 -107
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1
on the dates opposite their respective signatures:
CITY OF NEWPORT BEACH
Date:
ATTEST:
By
Mayor
APPROVED AS TO FORM:
City Clerk City Attorney of Newport Beach
5
1
2
3
4
5
6'
7
81
91
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
L -JJ a
;reement 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 k1,_ day
of , 20�Q,
BY AND BETWEEN The County of Orange, a subdivision of the
State of California, hereinafter referred --o
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
1
jreement No. D00 -107
1 WHEREAS, CITY owns and maintains Back Bay Drive, hereinafter referred tc
2 as "ROADWAY," and said ROADWAY provides vehicle, pedestrian and bicycle traffic and
3 scenic access to the Upper Newport Bay Ecological Reserve and portions of the PAR {;
4 and
5 WHEREAS, in 1998 winter storms caused surficial failures and damage to the
6 EAST BLUFF SLOPES to such an extent that a portion of the CITY's sewer main, which
7 is located on the top of the damaged slope, is no longer structurally supported; and
8 WHEREAS, COUNTY and CITY recognize a common interest to stabilize the EAST
9 BLUFF SLOPE to protect CITY'S sewer line and the natural resources from further
10 damage; and
11 WHEREAS, COUNTY and CITY agree that cost sharing of expenses for this
12 project are in the best public interest and furthermore they wish to specify the'-
13 respective responsibilities for performance of design, construction and maintenance
14 for said project; and
15 WHEREAS, CITY and COUNTY possess full authority to enter into this
16 agreement.
17 NOW, THEREFORE, CITY and COUNTY hereby mutually agree as follows:
18 1. PROJECT DESCRIPTION
19 COUNTY and CITY intend to contract for the work to repair the surficial
20 failures and stabilize the EAST BLUFF SLOPES, relocate sewer main, a d
21 construct drainage facilities in accordance with the terms, covenants
22 and conditions more particularly set forth in this Agreement
23 (hereinafter collectively referred to as the PROJECT).
24
25
26
2
3
3reement No. -00 -107
1
2. COUNTY RESPONSIBILITIES
2
County shall
g
A.)
Be designated as the Lead Agency on the PROJECT and as such may
4
act on CITY's behalf as their agent in matters related but not
5
limited to permits, development of plans and specifications, bid
8
and award of contract, contract administration and inspection,
7
payment of contractors invoices and other such incidentals that
8
may be required. Notwithstanding the aforementioned, CITY may have
9
expertise that the COUNTY does not have particularly as it rela-es
10
to sewers and local drainage that may be made available.
11
B.)
Prepare, process and secure all necessary permits from various
12
resource agencies, Army Corps of Engineers and Coastal Comm_ ssic -
13
and the like as may be required for the PROJECT, subject to CITY'S
14
review and approval, which approval shall not be unreasonably
15
withheld.
18
C.)
Be responsible for and prepare, process and secure all necessary
17
environmental reports or documents required by the California
18
Environmental Quality Act of 1970 CEQA, as amended.
19
D.)
Be responsible for retaining an A/E consultant (s) for the purposes
20
of preparing the supporting environmental studies and other
21
documents as needed to meet CEQA requirements and to assist in
22
securing all permits as identified in Paragraph 2B above. COUNTY
23
and CITY shall equally share in A/E consultant(s) costs.
24
E.)
Be the construction and contracting agent for the PROJECT.
25
F.)
Be responsible for the design of the horizontal drilled drains,
26
landscape and /or re- vegetation plan for natural slope face and
3
3reement No. D00 -107
1
repair of "chute failure" in accordance with the approved puns
2
and specifications.
3
G.)
Perform topographical survey work as required for the PROJECT and
4
provide electronic files to the CITY to aid in their design work.
5
H.)
Assist CITY, subject to the availability of COUNTY resources, in
6
CITY'S design elements.
7
I.)
Notify utility companies as appropriate including notice to
8
relocate utilities on CITY'S behalf.
9
J.)
Prepare and process all documents associated with a temporary
10
construction easement and permanent horizontal drain easement fo-
il
the PROJECT.
12
K.)
For PROJECT purposes, by resolution of the Board of Supervisors,
13
declare Back Bay Drive to be a County Roadway; Declaration of
14
County Roadway to last for the duration of construction period
15
only.
16
L.)
Process contract change orders that are necessary for the
17
completion of the PROJECT as shown on the approved plans and
18
specifications; note any plan changes on record drawings. Obtai-
19
the written concurrence of the City Engineer prior to making the
20
field decisions and /or issuing PROJECT change orders affecting
21
PROJECT'S design and /or costs of the CITY'S portion of the
22
PROJECT.
23
M.)
Following Notice of Completion, have the responsibility to own,
24
maintain and adhere to resource agency requirements for those
25
portions of the PROJECT within COUNTY jurisdiction.
26
4
5
3reement No. D00 -107
1
N.)
Require acceptance of the PROJECT be subject to the City
2
Engineer's approval, in writing, if the construction affects the
3
operations and maintenance of PROJECT within CITY limits.
4
0.)
Furnish and deliver to CITY all documents required in connection
5
with the construction and completion of PROJECT.
6
P.)
Provide in Contract Bid Documents that the contractor selected by
7
COUNTY to perform the construction of PROJECT in accordance with
8
the approved plans and specifications shall(1) name the City as an
9
additional insured under its insurance policy for the constructic-
10
of PROJECT and (2) add City as an additional party to be
11
indemnified by said contractor under the indemnity clause in the
12
construction contract between COUNTY and contractor.
13
3. CITY
RESPONSIBILITIES
14
A.)
Provide access to COUNTY and County's contractor, subcontractors
15
or agents to ROADWAY as may be required by the PROJECT documents.
16
B.)
Provide law enforcement assistance as may be required to maintain.
17
any temporary road closures as necessary and to prevent public
18
injury.
19
C.)
Provide such studies, reports or plans and specifications as may
20
be available for review by COUNTY's contractor(s) and /or inclusion
21
into PROJECT contract documents.
22
D.)
Provide design work /construction documents /plans as required for
23
any improvement to CITY's sewer and drainage systems. Said
24
documents to be electronically or otherwise sent to COUNTY in a
25
timely fashion for inclusion in COUNTY's bid package. CITY plans
26
to be stamped by CITY Engineer or consulting engineer firm.
5
6
greement No. D00 -107
1
E.) Prepare and process all documents associated with the sewer line
2
relocation easement and overside drain easement (if necessary) for
3
the PROJECT.
4
F.) For PROJECT purposes, by declaration of the CITY Council, declare
5
Back Bay Drive to be a County Roadway; Declaration of County
6
Roadway to be in effect for the duration of construction period
7
only.
8
G.) Provide a General Plan Conformance finding in accordance with
9
Government Code Section 65402 approving the PROJECT.
10
H.) Following Notice of Completion, have the responsibility to own,
11
maintain and adhere to resource agency requirements for those
12
portions of the PROJECT within CITY jurisdiction.
13
4. JOINT FUNDING RESPONSIBILITIES
14
COUNTY and CITY agree to share equally all costs associated with the
15
PROJECT, specifically herein identified as construction, permits and
16
A/E consultant costs. However, if the apparent low bid is more than.
17
10% over the Engineer's estimate, the COUNTY and CITY must both agree
18
in writing to the award of the contract. In addition, CITY agrees to
19
share one half (1/2) of COUNTY'S construction inspection costs based
20
upon actual hours billed to the PROJECT. COUNTY shall provide CITY an
21
estimate of costs required for inspection prior to the award of
22
contract and CITY shall agree in writing to that amount. CITY
23
agreement to its share of construction inspection amount shall be a
24
requirement of contract award. Failure by parties to reach agreement on
25
the shared cost amount of inspection shall result in CITY portion of
26
the PROJECT being deleted from the scope of work and contract award
6
7
i greement No. D00 -107
1
being made only for those items of work, associated with COUNTY portico
2
of the PROJECT.
3
Not withstanding the aforementioned, the COUNTY and CITY agree to share
4
equally in any offsetting State or other revenue that may be made
5
available for this PROJECT.
6
5. PROJECT ACCOUNTING AND FINAL PAYMENT
7
Subject to the CITY's obligation to reimburse COUNTY for its share o'
8
all PROJECT costs as provided for herein, COUNTY agrees to fund its
g
share of the total PROJECT costs and to advance the CITY'S share of
10
said costs for purposes of contract administration and payment of
11
contractor(s) . Within one hundred and twenty days from acceptance of
12
"Notice of Completion" by COUNTY, COUNTY shall submit for CITY'S rev'_ =w
13
and approval a Final Accounting Report for the PROJECT. Said approva'_
14
shall not be unreasonably withheld. Upon approval, CITY shall re_mbu -se
15
COUNTY within 60 days of receipt of said final accounting.
16
6. TERM
17
The term of this Agreement shall be for two years, commencing on the
18
date of final execution. Either party may request an Agreement
19
extension if construction of the PROJECT exceeds the two -year time
20
period. Neither this Agreement, nor any terms thereof, may be modified,
21
waived, discharged or terminated except by written instrument execute4-
22
by both CITY and COUNTY.
23
7. IDEMNIFICATION
24
CITY agrees to indemnify and hold COUNTY harmless from any loss,
25
liability, claim, suit or judgement resulting from works or acts done
26
or omitted by CITY in carrying out this Agreement. COUNTY agrees to
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
3reement No. D00 -107
indemnify and hold CITY harmless from any loss, liability, claim, su4:
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
B.) CITY
City Engineer, Public Works Department
3300 Newport Boulevard
Newport Beach, California 92659 -1768
M
'I 3reement No. D00 -107
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
dates opposite their respective signatures:
2
3
4 J !.� fGC VC ` .� II
Date: GS•iS -G/ By
5 Director, Public Facilities & Resources Department
6
7
APPROVED AS TO FORM
8 COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
9
10 %
11 By �[-
CE . �YATS
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
� jreement No. D00 -107
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on t.`.=_
Idates opposite their respective signatures:
CITY OF NEWPORT BEACH
Date
l q /o
City Clerk
400—M-AA mat
Mayor
APPROVED AS TO FORM:
City Attorney of Newport Beach
10