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HomeMy WebLinkAbout09 - Reimbursement Agreement for the Cameo Highlands Secondary Water Supply ImprovementsQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report February 28, 2023 Agenda Item No. 9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Michael J. Sinacori, Assistant City Engineer msinacori@newportbeachca.gov PHONE: 949-644-3342 TITLE: Reimbursement Agreement to Dhany and Denise Nathie Family Trust for the Cameo Highlands Secondary Water Supply Improvements ABSTRACT: Staff recommends that the City of Newport Beach (City) enter into a reimbursement agreement with the Dhany and Denis Nathie Family Trust (Owner of 4839 Cortland Avenue) to repay the trust for the City's portion of the total cost to relocate and improve the secondary City water supply line to Cameo Highlands in Corona del Mar. RECOMMENDATIONS: a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve Budget Amendment No. 23-52 appropriating $200,000 in increased expenditures in Account No. 70201932-980000-23W05 and transferring funds from the Water Enterprise Fund unappropriated fund balance to the Water Capital Fund for the Cameo Highlands Secondary Water Supply Improvements; c) Approve the Reimbursement Agreement with Dhany and Denise Nathie Family Trust (Nathie Trust) to reimburse the trust for a portion of the cost association with the relocation and improvements of the secondary water supply to Cameo Highlands in Corona del Mar for a not -to -exceed amount of $200,000.00; and d) Approve plans and specifications. DISCUSSION: The Nathie family is currently in development of a new home at 4839 Cortland Avenue in Corona del Mar. During the Nathie's plan preparation, it became apparent that the existing water line in an easement along their southeasterly property line was going to hinder their plans for the home. The water main was constructed in the early 1960s and serves as a secondary supply for the entire Cameo Highlands community. 9-1 Reimbursement Agreement to Dhany and Denise Nathie Family Trust for the Cameo Highlands Secondary Water Supply Improvements February 28, 2023 Page 2 Water mains in easements between structures sometimes prove to be a challenge when the line needs to be repaired or replaced. The water main in question is in a six-foot easement on the side yard of the Nathie residence. As the existing water main is nearing the end of its useful life, staff believes now is an opportune time to replace and/or relocate the existing water main. Working in concert with the Nathie's design team, plans were developed to abandon the existing water main on the property and modify an existing main at the entrance to Cameo Highlands to serve as the new secondary supply line. Hydraulic analysis was performed as part of the plan preparation and the relocated supply connection point was found acceptable. Staff recommends entering into a reimbursement agreement with the Nathie Trust to share in the cost to abandon water facilities on the Nathie's property and provide new, improved secondary water supply facilities at the Cameo Highlands entry. The Nathie Trust will be responsible for hiring a water pipeline contractor to perform the work under an encroachment permit. The Nathie Trust will be responsible for payment to the contractor and will seek reimbursement from the City after appropriate documentation of the expenses is provided. The City is responsible for 50 percent of each invoice up to $300,000 and then all other costs of the project after that point, which in total is not expected to exceed $350,000. Please see the Reimbursement Agreement for details (Attachment B). FISCAL IMPACT: As approved, the proposed budget amendment (Attachment A) would appropriate $200,000 in increased expenditures to the Water Systems Rehabilitation CIP Account No. 70201932-980000-23W05 in the Water Capital Fund of the Water Enterprise Fund for the City's share of the project costs. The Water Enterprise Fund generates revenue primarily through water rates collected by service users. The Nathie Trust will provide $150,000 toward construction of the new waterline, which is the balance of the funding necessary for this relocation project. The plans and specifications will be available for review at the February 28, 2023 City Council meeting or upon request. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment. ,TiY OTMil es The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). 9-2 Reimbursement Agreement to Dhany and Denise Nathie Family Trust for the Cameo Highlands Secondary Water Supply Improvements February 28, 2023 Page 3 ATTACHMENTS: Attachment A — Budget Amendment No. 23-52 Attachment B — Draft Reimbursement Agreement Attachment C — Location Map 9-3 ATTACHMENT A Y y City of Newport Beach <-= r BUDGET AMENDIv1E�TT 2022-23 BA#: 23-52 Department: Public Works ONE TIME: 0 Yes ❑ No IRequestor: David Webb Approvals LJ CITY MANAGER'S APPROVAL ONLY Finance Director: Date a% 17 1Z.3 0 COUNCIL APPROVAL REQUIRED City Clerk: Date EXPLANATION FOR REQUEST: To increase expenditures in the Water Capital Fund from the Water Enterprise Fund for the Cameo Highlands Secondary Water Supply ❑ from existing budget appropriations Improvements project. ❑ from additional estimated revenues O from unappropriated fund balance REVENUES Fund # Org Object Project Description Increase or (Decrease) $ 702 70299 692701 INTERFUND TRANSFERS - INTRAFND XFR FIRM WATER ENT FND 200,000.00 Subtotal $ 200,000.00 EXPENDITURES Fund # Org Object Project Description Increase or (Decrease) $ 701 70199 992702 INTERFUND TRANSFERS - INTRAFUND XFER TO WATER CAPITA 200,000.00 702 70201932 980000 23W05 CAP NMP DISTRIBUTION & PIPING - CIP EXPENDITURES FOR GL 200,000.00 Subtotal $ 400,000.00 FUND BALANCE Fund # Object Description Increase or (Decrease) $ 701 300000 WATER ENTERPRISE FUND - FUND BALANCE CONTROL (200,000.00) 702 300000 WATER CAPITAL FUND - FUND BALANCE CONTROL Subtotal $ (200,000.00) Fund Balance Change Required ATTACHMENT B REIMBURSEMENT AGREEMENT WITH DHANY NATHIE AND DENISE NATHIE, TRUSTEES OF THE DHANY AND DENISE NATHIE FAMILY TRUST DATED SEPTEMBER 30, 2017 FOR RELOCATION OF WATER MAIN THIS REIMBURSEMENT AGREEMENT ("Agreement"') is made and entered into on this 28th day of February, 2023 ("Effective Date") between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("CITY"), and Dhany Nathie and Denise Nathie, Trustees of The Dhany and Denise Nathie Family Trust dated September 30, 2017 ("OWNER"), collectively, the "Parties"): RECITALS A. OWNER has a project to improve its property at 4839 Cortland Drive, Newport Beach, California, APN 475-071-06 ("Property"), with legal description of: Lot 13 of Tract No. 3519, as per map recorded in Book 128, Pages 18 to 21, inclusive, Miscellaneous Maps, in the Office of the County Recorder of Orange County, and in conjunction therewith desires to remove segments of the CITY's water main, including vaults, interior valves, piping, and appurtenances, located within the CITY's easement ("Existing Facilities"). B. The CITY is willing to permit the aforementioned removal of portions of the CITY's water main and appurtenances in exchange for OWNER constructing new sections of water main and appurtenances along Cameo Highlands Drive ("New Facilities") and subsequently dedicating the New Facilities to CITY to become the property of the CITY. C. The CITY and OWNER agree to equally share the costs to remove the Existing Facilities and construct the New Facilities (collectively, "PROJECT"), which is estimated to cost $300,000.00 and OWNER's share of the costs not to exceed $150,000.00. D. The CITY will initiate proceedings to vacate its water utility easement upon completion of the PROJECT. NOW, THEREFORE, in consideration of the above Recitals and mutual obligations of the Parties as herein expressed, CITY and OWNER agree as follows: 1. CONSTRUCTION 1.1 OWNER agrees to perform all work to complete the PROJECT, including but not limited to design, construction, testing, inspection and management oversight, in accordance with the plans and specifications approved and permitted by the CITY ("Plans and Specifications"), attached hereto as Exhibit "A", which by this reference is made a part hereof as though set out in full herein. OWNER shall require its contractor to complete the PROJECT in conformance with the Plans and Specifications. The Plans and Specifications may be amended, changed or modified from time to time upon the written REIMBURSEMENT AGMT 4839 CORTLAND DR Page 1 9-5 consent of CITY and OWNER. 1.2 OWNER shall perform, and ensure its contractor performs, all work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. OWNER shall be liable for any private or public property damaged during the work of the PROJECT. 1.3 Owner shall require its contractor to obtain an encroachment permit from CITY prior to commencing work on the PROJECT. 2. DEDICATION; ACCEPTANCE Upon completion of the PROJECT, OWNER shall dedicate the New Facilities to the CITY. CITY agrees to accept the New Facilities when the New Facilities have been completed by OWNER in accordance with all requirements of the Plans and Specifications. At the time of completion of the PROJECT, OWNER shall furnish CITY with one (1) copy of the contractor's redlined set of blueline "record" drawings (showing all revisions, manufacturer and type of valves, pipe and fittings as required by CITY) and one (1) copy of the compaction reports and certificate, survey notes and cut sheets. 3. PROJECT COSTS; REIMBURSEMENT 3.1 The Parties agree to equally share the actual costs of the PROJECT, up to $300,000.00. CITY agrees to bear up to an additional $50.000.00 in PROJECT costs. Accordingly, OWNER's share of the actual PROJECT costs shall not exceed $150,000.00 and CITY's share of the actual PROJECT costs shall not exceed $200,000.00, which amount is the extent of the CITY's reimbursement obligation under this Agreement. 3.2 OWNER shall be responsible for making all payments to its construction contractor for PROJECT work, including amounts over OWNER's share of $150,000.00. CITY's obligation under this Agreement shall be to reimburse OWNER; CITY shall not have any responsibility for making payments to OWNER's construction contractor or ensuring the contractor is paid. 3.3 OWNER shall obtain reimbursement for its PROJECT expenditures by submitting a written request to CITY with an itemized list of expenditures to date and supporting documentation. OWNER shall also provide any additional information or documentation requested by CITY regarding reimbursement request. CITY shall have thirty (30) days from receipt of the reimbursement request in which to issue reimbursement. Reimbursement payments shall be made out to Dhany Y. and Denise M. Nathie, 7287 Arcadia Drive, Huntington Beach, CA 92648. 4. INSPECTION 4.1 CITY shall have the right to inspect the construction of the PROJECT as it deems necessary to assure compliance with the Plans and Specifications, including shop drawing review and material inspection thereof. CITY shall have access to all phases of REIMBURSEMENT AGMT 4839 CORTLAND DR Page 2 • e the construction work. CITY will promptly notify OWNER of any portion of the work on the PROJECT which appears not to conform to the Plans and Specifications. The determination as to conformity of the PROJECT with the Plans and Specifications shall be made by CITY in its sole discretion. CITY agrees not to unreasonably withhold its approval as to such conformity of the PROJECT with the Plans and Specifications. 5. LAWS, RULES AND REGULATIONS OWNER shall comply with all laws, rules and regulations, including, but not limited to, all applicable requirements of the California Labor Code, prevailing wage laws, and the ordinances, rules and regulations of CITY, in connection with the construction of the PROJECT. OWNER shall also require its construction contractor to comply with the same and incorporate such requirement in its contract with contractor. 6. OWNERSHIP The parties agree that the PROJECT shall at all times be subject to the applicable rates, rules and regulations of CITY, as modified or amended from time to time. OWNER hereby disclaims any interest in the New Facilities and does hereby transfer and assign to CITY any and all right, title, and interest it may have in the New Facilities. CITY shall own, operate and maintain the New Facilities following acceptance thereof. 7. GUARANTEES; WARRANTY OWNER shall guarantee, and require its contractor guarantee, the PROJECT against defects in workmanship and materials for a period of one (1) year from the date of acceptance by CITY. OWNER shall cause the PROJECT to be brought or restored to full compliance with the requirements of the Plans and Specifications, including any test requirements, for any portions of the PROJECT which during said one (1) year period are found not to be in conformance with the provisions of the Plans and Specifications. This guarantee is in addition to any and all other warranties, express or implied, from OWNER's contractors or material manufacturers, with respect to the PROJECT. The guarantee and obligations under this section shall in no way be relieved by CITY's inspection and/or acceptance of the PROJECT. This section sets forth the entire guarantee and warranty of OWNER with respect to the PROJECT. The express or implied warranties of other persons with respect to PROJECT shall in no way be limited by the guarantee and warranty of OWNER contained in this section. If requested by CITY, OWNER agrees to assign to CITY the contractor's guarantee and/or any other guarantees or warranties relating to the PROJECT. 8. INDEMNIFICATION OWNER shall indemnify, defend and hold CITY, its officers, agents, employees, and engineers harmless from any expense, liability or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen during construction of the PROJECT as a result of any work or action performed by OWNER or on behalf of OWNER, including claims by OWNER'S contractor(s), save and except to the extent such expense, liability or claim is proximately caused in whole or in part by any REIMBURSEMENT AGMT 4839 CORTLAND DR Page 3 9-7 act, omission, or negligence of CITY, its officers, agents, employees or engineers or by any act or omission for which CITY, its officers, agents, employees or engineers are liable without fault. CITY shall indemnify, defend and hold OWNER, its officers, agents, and employees, harmless from any expense, liability or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen either (i) as a result of any acts performed by CITY, its officers, agents, or employees, with respect to the PROJECT construction, or (ii) following CITY acceptance of the PROJECT, with respect to maintenance and operation of the PROJECT, save and except to the extent such expense, liability or claim is proximately caused in whole or in part by any negligence of OWNER, its officers, agents, employees or engineers, or by any act or omission for which OWNER, its officers, agents, employees or engineers are liable without fault. 9. INSURANCE AND BONDING 9.1 Without limiting OWNER's indemnification of CITY, and prior to commencement of work, OWNER shall obtain, provide and maintain at its own expense during the term of this Agreement policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit "B," and incorporated herein by reference. OWNER shall also require its contractor(s) to obtain insurance coverage sufficiently broad to insure the matters set forth in this Agreement, and to include CITY, its officers, agents, employees and engineers, as additional insureds on all insurance policies that OWNER requires its contractor(s) to provide with respect to the PROJECT. OWNER shall provide CITY with certificates of insurance and insurance endorsements in a form acceptable to CITY. 9.2 OWNER shall require its contractor(s) to provide performance and payment bonds for the construction of the PROJECT and shall include CITY as an additional obligee on the bonds. fil111 0:4017111 Zr_r I[e7 `I 10.1 CITY shall have the right to terminate this Agreement at any time by providing five (5) business days' prior written notice to OWNER. CITY shall remain obligated with respect to the actual PROJECT costs incurred by OWNER up to the date of termination and shall reimburse OWNER for CITY's share of those actual costs. 10.2 If OWNER's project to improve the Property is canceled or modified so as to eliminate the necessity of the construction of the PROJECT, OWNER shall have the right to terminate this Agreement and thereby terminate its obligation to construct the PROJECT. If OWNER terminates this Agreement, CITY will not be obligated for any design or any other costs for construction of the PROJECT incurred by OWNER. If CITY subsequently elects to construct the New Facilities, CITY may, but shall not be obligated to, acquire the design or other work from OWNER by separate agreement, subject to any offset or credit due to the CITY for Costs already paid to OWNER for the PROJECT. REIMBURSEMENT AGMT 4839 CORTLAND DR Page 4 9-8 11. NOTICES Any notice or other written instrument required or permitted by this Agreement to be given to either party shall be deemed received when personally served or twenty-four (24) hours after being deposited in the U.S. Mail, postage prepaid, registered or certified and addressed as follows: OWNER: Dhany Y. and Denise M. Nathie 7287 Arcadia Drive Huntington Beach, CA 92648 CITY: City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 Attn: Director of Public Works 12. WAIVER The waiver of any provision of this Agreement by either party shall not be deemed to be a waiver of any other provision or of any preceding or subsequent breach hereunder. 13. INTEGRATION This Agreement and the exhibits and references incorporated into this Agreemeni fully express all understandings of the Parties concerning the matters covered in this Agreement. This Agreement may be modified only in writing signed by both parties hereto. 14. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the successor and assigns of CITY and OWNER. 15. NO ATTORNEY'S FEES In the event suit is brought to enforce the terms and provisions of this Agreement, the prevailing party shall not be entitled to recover its attorney's fees and costs from the non -prevailing party. 16. SEVERABILITY If any term, provision, covenant or condition of this Agreement is held to be invalid, void or other unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. REIMBURSEMENT AGMT 4839 CORTLAND DR Page 5 99 17. LAWS AND VENUE This Agreement is entered into and shall be construed and interpreted in accordance with the laws of the State of California and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 18. NEGOTIATED AGREEMENT The parties agree that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Agreement, and the decision whether to seek advice of counsel with respect to his Agreement is the sole responsibility of each of the parties. This Agreement shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of this Agreement. 19. COUNTERPARTS This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all parties had executed the same page. 20. NO THIRD PARTY BENEFICIARIES This agreement is entered into by and for OWNER and CITY and nothing herein is intended to establish rights or interests in individuals or entities not a party hereto. 21. AUTHORITY TO SIGN Each party signing on behalf of a corporation, partnership, joint venture or governmental entity hereby declares that he, she, or it has the authority to sign on behalf of his, her or its respective corporation, partnership, joint venture, entity and agrees to hold the other party or parties hereto harmless if he, she or it does not have such authority. [SIGNATURES ON NEXT PAGE] REIMBURSEMENT AGMT 4839 CORTLAND DR Page 6 9-10 IN WITNESS WHEREOF, this Agreement is executed by the Parties, on the dates set forth below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 2--16 -23 By: City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk Attachments CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Noah Blom Mayor OWNER: Dhany Nathie and Denise Nathie, Trustees of The Dhany and Denise Nathie Family Trust dated September 30, 2017 Date: By: Dhany Nathie Trustee [END OF SIGNATURES] Exhibit A: Project Plans and Specifications Exhibit B: Insurance Requirements REIMBURSEMENT AGMT 4839 CORTLAND DR Page 7 9-11 EXHIBIT A PROJECT PLANS AND SPECIFICATIONS REIMBURSEMENT AGMT 4839 CORTLAND DR Page A-1 9-12 O:Tu PROJECT SiTE VICINITY MAP xdr rD suaE x ti,,ra•nnpr pDExDIT � SYMBOL. 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WE wyxxefl eABLe 5Ax-exxx CDx CWUUAI[A11b'S - "` rEmwAwFD CAMEO HIGHLANDS BACKUP WATER SUPPLY IMPROVEMENTS TITLE SHEET su 1 an U�DAf[R CITY OF NEWPORT 9EACH W-$397-S PUBLIC WORKS OEPARTMENT sr:LLT � Lf 3 9-13 CORTLAND DRIVE _ I I 1 E 7 nIt N j 1J S7 1 / f ,l } SITE PLAN o `.SALE 1•.IS I'_ mks CONSTRUCTION NOTES: Oj !!r`HLLs-FESIIIENT NEDOF WTE VALVE, CLM1SS I`lI II'l.— w x APC WSER PER a"STD512.556C M1ND 51]. pE1,gvE+rIIJ pEPu�EAlsrvlO VVATERFWII AIIRNEW 6' a U� WIAE TER L:-vLO PVC NAIEp ALHII fs0R.u1 PER GTr 5Tp1o�A Q � RENOV otTsl EEXISRFJO I6INlp STSTYALVAOE AIA REfL.fiN i0 U1tLIRES y vm Yl, REET. CAA) REL OYE GONLRETE PM1VE AERT PAIELS(—)ASJE S5ARY x TOFACILITATECONSTRVCTICf1 REPL4[E IN MITE. PROTECT111 PLACE ADJACENT PAVERS. QS x REPLACE 11AW PAVEJAEM PER CIV SP—B. W Q I 4 TRU TWNCIIDi TERC90BPJDWAIEIP—J S—IAI PER GtY 5T61 W-4 AIA B. `2 5A'—VALVE YAIAF. COlJ::IRUCT6 WEAR TO C4TY ST0.51O. U +U.VEi YAl1LT LIB 16 MATCM Ew511tX SLOPE6. PROVIDE SPRINGPSBISTED, NNOED.ALU P—,!DOUBLESX—EQUAL TO VALLT SIZE. PRUNOE VAULT APPURTENANCES AND MP11M3 REULIREL£Iflb AS SNUWN Uk CITY STDSJo. ��� RELOCATE EXI6111M FIRE NYDRAfII PER CITY 6T0.5o1. / (J IIJSTALLA'dJCTILEIRDNTEEFEaFE. CIIT To RELgvE IE) TREES. f.-.� REMOVE GREW+.LK TO EIITENTS NECEBW<Y tO FA[tIJTATE �J .t/s51RIJCTIW.FEPIACE PER qTS ST0.1E0 REA1OVEgNBAJOGV—Rll Fx F ACTIIT CZ PER 5 IlCTIGYl.RER.ACE PFR qTY 5161l2 S71p%V LAA1cN EwSTING cum TrrE cm lPl K—E CONCRETE CAD65 GUTTEp TO EATFNis riCiss Apv TOFAg1TlATE COkS}RMCfiwF REPIALE PER clTl slo-l65. PROVIDE OONEL6 HD ExAM1N510rF xJFJS VwfPe AOao�FNc EAISTPIGGIJTTER •`3 WFGTRTICT TIIINSTBL RERCITY5Tth5f6A- (� e61A4 F%OICT&E IR0FI AP+PrER LTE.Wi. .•� P61ALL Y FL-1— TMf61RQN CGFLIRO 7 EAISTWOtf'AUWAtER PIPE. ai) f.Mk WA4TER VA1A.T VEfAp T011L, PE R CITY STI $A y3, EATEWPS1DEV—P, TO ttW9 AADTNO Ex TENSI*l TO bE EQUAL NIDTHOF VAIA.T lMlE55 OTtf kYASE DIRECTED bT GTY. Ew.$—OAS LIM MOTECT III PLACE. EAISTINGSi EETLIDARCGJ T, ESTT TOCOIf~F 'ICJ] REL-A110FI15 RECIARED. IF UOLWEO, RELO TION ARO —TIER —STG2W AtJa ]E4. �� ucr+uE-o rEw wrFTPE '-TALL a SOFA M-FL0 & TTERPLV VAtY . FEr,FE Eyrj, IfJSr TOR. tILN]CELLI-s WTR3.$TMmITk Sl EEL0T1 IIEMGLTPR. DlX11lE IROfJ BODY WTk NB 6THTAESS 61EEL INIERIYLL AND EAlERN4t TRIFA AND EPDXY COh IEO BOOT Rx.lnLLeLLa•I THE IR0NELBM.MJ•FE D I1LEIRONFLEXCO PIG- FORD,ROIaAC, DRESSEROR APPROVEDEGLL .II4STALLS7AINLESSSFEEL7LBAG TO T£AREST FLA-ES. NEW I�LOI�. gPLJDS IW�ITN .A F4AbfUCAH TNANALRP DRESSER. cuss 52 HORTAR LP£D. DIPS 141E NEW IFOEI- CLASS 6e-fkRfTAR LIPPED UP SHI^.- RECE IFOEI FABRR' TF V.LIHNARNESS LUO6 YATRORESSER `. LEGEND •w A, •�sv• ` CORTLAND DRIVE I ] - -1 �S 0 CONNECTION DETAIL A - CONCRETE C[ k l AE�GU TIFR 11, 12. IX � 0 1 II O AJ = I JA O i - f s A 16 p, 1 +D Ile a! A TENTS FJP I I 13, IRELIEa AB (EI- -ERAti[El tl II •iw -. •-CONTRM1CIOR TO COIFlRM LDC 1 lOF VAULT AIID RELOCATED FIFE HYDRANT VATR.11 el FlE- '� CONNECTION DETAIL B $t'LE I'. a 9-14 cur lER lil'� - 1 � s- j. 'I 1 I' sEEcourlEcnoiloErmLc. CORTLAND DRIVE '?i ,6I-TwsoRAYY,rIO I i I I I I 1 \ I I - I COAST HIGHWAY EAST I ti .- - to •+-.ti.-L_ _ mI 6 , SITE PLAN 1 I I N I scue T ,v a,F LEGEND L� N.w vC �nKP[Nt L_-. J NIA FCC �� xF. _au [d[rRTI PAbr lt.. CONSTRUCTION NOTES ci REPLncE RMa PAVEMEIIr PEaclTr sraroR.R U CucTatNn,TXAAIETER-1wc•WATEk MAIN ISOR,r A7 PER On' ST6Ip ,® CONSTRUCT TNRtlsT BLOCIS FEp GTv sTos,sx, !,®!'��,, INSTA L-LEXIBLE 1khN511gN COUWNc, `i� ENSTING 6'AG YYA TER PIPE, REM E INtERFERIr.IO PORTIOIl,S.OF EXI.STIM] FE. lJ ARAFpONIN P-E. REMOVEANOEA-!F-AMT, IUTERIORVALVEs.M WOANpA URTEF4lKES Ir TAIL-S'N-TILE IN- E-s Maw. (x31 INSTALLJ--W TtLEIkon RFOI-R F-, () INSTALL a IS-D nLE WON ELEI"l FEIIMl. (� PROTECT IN PLACE, t UTA-P PLVG VMERE RIMATED WITR CONCRETE I1ANMUM -) AND AEANOON IN PµcE- eg ItsrELI Ia FLEXIBLE TRAWTIn lO LIFIO. INSTALL tr c I. -,.-THRUST moo PER Tam vi;FwT. ®F PROTECT IN PLACE BkICK--NCRETEwnLlt- 'G�g cCNsrallcl l- DAMETEk I -I PVc WATER OTIN SsoR.,q PER GTV 010 u1D p. ® EMSnNG IV AC WATER PIPE. RELINE ANDC IIV OF APRRaXIMATELV AO LINEAL FEET OF EXISTING - AO WATER nPE. CO U HATE REMOVAL WITH FROPERTr I-w R, k MOVE-1318 EOF EXISTPl Ac WATER PIPE TO APPROXIMATE LIMITS Ssf 4. OxlknllATf REMOVAL oµTR PROPERTr OYYtIER TO PCGUR GF4NO GOtISTRUOTION OF REW RElNr�1,c wni45. I kW Y1 lu y re � 1:: s i 7 zz� CORTLAND _I DRIVE to i CONNECTION DETAIL C - EXISTING CONCRETE cupalNLE EXESTlmG CONCRETE CukknNDcuTTER 9-15 EXHIBIT B INSURANCE REQUIREMENTS Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. REIMBURSEMENT AGMT 4839 CORTLAND DR Page B-1 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required REIMBURSEMENT AGMT 4839 CORTLAND DR Page B-2 9-17 by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non- compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self - insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self - insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such REIMBURSEMENT AGMT 4839 CORTLAND DR Page B-3 ME notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. REIMBURSEMENT AGMT 4839 CORTLAND DR Page B-4 9-19 ATTACHMENT C Cb . • Q0 • r8" ' • • ZV EHC1779 • C'�Sp • • �► FHC26d� • D 44 ■ y I • • I y eb .11 m �0 �� � b FH A CqI ry FHC1788 �p CC O �� D F,HC1785 FHC1787 • ry 4 R� Q • • • FHC1778Rw� 3 FHC1773 • • ■ ��� Qom^ b 8"ACp FHC254717 A ~ 339 � , • R��� �h� a h C04 330 , • +• 331 0; .� k 0 tk 325 324 '- \. s x RaXBURY RD VACP 8"ACP FHC1772 rn LO G 4r��"°PpR> Disclaimer: Wr 0 100 200 Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its � Feet employees and agents disclaim any and all responsibility from or [qL� D���y N E W P 0 R T B E A C H relating to any results obtained in its use. 2/14/2023 7.76 sr� 41786 9-20