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HomeMy WebLinkAboutR_6049_SORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY 'SANTA ANA, CALIFORNIA PLANS AND SPECIAL PROVISIONS FOR THE CONSTRUCTION OF THAT PORTION OF 1lACKBAY BIKEWAY FROM SAN JOAQUIN HILLS ROAD .TO EASTBLUFF DRIVE ADMINISTERED BY ENVIRONMENTAL MANAGEMENT AGENCY H. G. OSBORNE, DIRECTOR FUNDED BY ORANGE COUNTY HARBORS, BEACHES & PARKS DISTRICT August 1976 W. o: 18270 C I ' / TABLE OF CONTENTS SPECIAL PROVISIONS SECTION I NOTICE TO CONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . A INFORMATION FOR BIDDERS ...................................•.......... B PROPOSAL . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . C AGREEMENT •.•....................•..•.•........ • . . . . . . . . . . . . . . . . . . . . . D 2-01 2-02 2-03 2-04 2'-05 C 2-06 2-07 2-08 2-09 2-10 SECTION 2 Intent Location and Description of Work .....................•....... Drawings ...............•...........•......................... Progress of Work and Time for Completion ...... , ..............• Flow and Acceptance of Water .•.•.............................. Construction Area and Work Schedule .....................•.... Traffic Detour ...... •.· ... ; ................................... . Public Liability and Property.Damage Insurance .............. . Asphalt Concrete Bikeway ..............................•....... Measurement and Compensation ................................ . Bid Item 1 Tack Coat .................................. . Bid Item 2 -Asphalt Concrete ........................... . i PAGE 2-1 2-1 2-2 2-2 2-2 2-2 2-3 2-3 2-3 2-Z, 2-4 2-5 r ·- TABLE OF CONTENTS -(continued) . . I - 3-01 3-02 3-03 3-04 3-05 3-06 . 3-07 3-08 3-09 STANDARD SPECIFICATIONS (in a separate volume) SECTION 3 GENERAL PROVISIONS Intent--------·--'-----------------·-----Definition of Terms----------------------Scope of the Work-------------------------Control of the Work----------------------Control of the Material-----~-~----------Legal Relations and Responsibility-------Prosecution and Progress----------------- Payment---------------------------------Re.Pair of Equipment-------~:---.-~-----:---·-- -DETAIL SPECIFICATIONS - 3-1 3-1 3-3 3-10 3-15 3-18 3-26 3-32 3-35 'section -·-~------~---__ ,, ___ - 4. 5 6 7 8 9 10 11 12 13 14 15 16 - 17 18 -19 • ··20 21 Earthwork----------------------:.. ________ _ Portland Cement Concrete-----------------Rcinforcement---------------------------• Gravel Base------------------------------ Riprap----------------------------------- AggrP.gate Base--------------------------- Asphalt Concrete-------------------------Precast Prestressed Concrete Bridge Members--------------------------------.- Reinforced Concrete Piles----------------Reinforced Concrete Pipe Conduit---------Corrugated Metal Pipe----·-"-·-------------- Fencing---------------------------------- Irrigation Crossings----------------------._ - - Deleted - - - Maintain Traffic and Detours-------------Stonework-------------------------------- Filter Blanket--------------------------- Cast-in-place Nonreinforced Concrete Pipe STANDARD PLANS Typical Fence and Gate Details Page 4-1 5-1 6-1 7-1 8-1 9-1 10-1 11-1 12-1 13-1 14-1 15-1 16-1 18-1 19-1 20-1 21-1 ---__ ..,_ , T 0 CONTRACTORS --~-------- Santa Ana, California Date June 29, 1976 In pursuance of a resolution of the Board of Supervisors of the Orange County Flood Control District adopted~--===- June 29. 1976 , directing this notice, NOTICE IS HEREBY GIVEN that the Clerk of said Board will receive in Room 501 in the County Administration Building, 515 North Sycamore Street, Santa Ana on or before the hour of 2:00 P.M. of August 2, 1976 , sealed bids or proposals for the construc-_t_i~o-n--o~f--B-a_c_k_b_a_y_B_i_k-ew-ay from San Joaquin Hills Road to Eastbluff Drive SCHEDULE OF WORK ITEMS , Item 1 19,550 Square yards of tack coat on a per square yard basis Item·2 2,900 Tons of asphalt concrete on a per ton basis Al (NOV.1969) • . . . . , Pursuant to the provisions of Section 1773 et sq. of the Labor Code of the State of California, the Board of Supervisors has ascertained the prevailing rate of wages applicable to the work and has set forth the prevailing rates by resolution . Copies will be made available to any interested party on request. The Contractor is required to post a copy of said prevailing rates at the job site . Travel and subsistence payments to each workman needed to execute the work shall be made as such travel and subsistence payments are defined in the applicable collect- ive bargaining agreements filed in accordance with Section 1773.8 of the Labor Code. The Contractor shall comply with Labor Code Sections 1774 and 1775. In accordance with said Section 1775, the Contractor shall forfeit as" penalty to the District $25 for each calendar day or porU_on thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the contract by him or by any subcontractor under him in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780 inclusive. In addition to said penalty and pursuant to said Section 1775, the difference be- tween such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. ·Pursuant to the provisions of Section 1770 of the Labor Code, the general prevailing rate of wages has been ascertained (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be don-e; for straight time., overtime, Saturday, Sunday and holidi3.y work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. The District will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his bid, and will not under any cir- cumstances be considered as the basis of a claim against the District on the contract Provisions of Section 1775;5 of the Labor Code require Contractor or sub-contractors employing tradesmen of any apprenticeable occupation to apply to the applicable joint apprenticeship committee for a certificate of approval and fixing the ratio of apprentices to journeymen used in the contract. Section 1777.5 is not applicable top.rime contracts involving less than $30,000 or twenty working days. The Con- tractor shall be responsible for compliance with all apprenticeable occupations in- cluding those employed by the subcontractor and may be required to make contributions to apprenticeship programs. • ·The Contractor and sub-contractors shall comply with Section 1777.6 which stipulates that it shall be unlawful to refuse to accept qualified employees as indentured apprentices solely on the grounds of race, religious creed, color, national origin, • ancestry or sex. A2 • -. For information relative to apprenticeship standards, contact Dir;ector of Indus- trial Relations, San Francisco, California, or Division of Apprenticeship Standards branch office . Plans and special provisions which include contract documents will be available for examination without charge at Room 219 of the County Engineering and Finance Building or may be secured upon payment, including State Sales Tax, of: $4.24, if requested by mail $3.18, if picked up in person made payable to: Orange County Harbors, Beaches & Parks District Post Office Box 1078 (Mailing address) 400 Civic Center Drive West (Street address) Santa Ana, California There will be no refund for return of plans and special provisions and return is not required. The standard specifications and plans (adopted March 7, 1972) are also part of this contract. Copies of the standard specifications and plans are also available at ,Room 219 of the County Engineering and Finance Building for an additional charge, including State Sales Tax, of: $3.50, if picked up in person $4.56, if requested by mail By order of the Board of Supervisors of the Orange County Flood Control District, Orange County, California. A3 W. E. ST JOHN County Clerk and ex-officio Clerk of the Board of Supervisors of the Orange County Flood Control District By,__·------------------Deputy i - . . ' • 1. AUTHORITY FOR THE WORK The said work must be done in strict conformity with the Standard Specifications and Plans adopted March 7, 1972 and Plans and Special Provisions adopted by the Board of Supervisors of the Orange County Flood Control District on June 29, 1976 2. CONTRACT D OCUNENTS The contract documents shall consist of Standard Specifica- ~ tions, Plans, and Special Provisions which includes Information £or Bidders, Form of Agreement, Form of Proposal and Notice to Contractors, all of which are on file in Room 219 of the County Engineering and Finance Building and are hereby referred to and made.a part hereof. • 3. PROPOSALS Bids shall be for furnishing all labor, equipment and ma- terials in accordance with the Plans and Special Provisions for the work in the schedule of work items of the Proposal. --. • The quantities in the schedule of work items are approxi- .mate only, being given as a basis for the comparison of bids, and the District reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the said District. All bids will be compared on the basis of the schedule of work items in the Proposal. Bids to receive consideration shall be made in accordance with the following instructions: (a) Bids must be made on the blank form pro_vided for the purpose. All items of the bid schedule shall be properly filled out, and numbers shall be stated both in words and figures. In case words and figures do not agree the words shall govern :and the figures shall be disregarded. If any unit price and the total amount named by the bidder for any item are not in agreement, the unit price alone will be considered as repre- senting the bidder's intention, and the totals will be corrected to confonn thereot. Any error in the addition of the amount constituting the items of the bid schedule will be corrected and such corrected total shall be used to determine the success- ful bidder. All prices or sums shall include all sales and other taxes which may be payable. • ·(May 197 5) Bl The signature of all persons signing the proposal shall be in longhand. The completed form should be without inter-lineations or alterations. (b) Bids shall not contain any recapitulation of the work to be done. Alternative proposals will not be considered unless called for. No oral, telegraphic or telephonic proposals or modifications will be considered. fc) Bids must be accompanied by a certified check or bidders bond for an amount not less than 10 percent of the aggregate sum of the bid, made payable to the order of the Orange County Flood Control District. Said check or bidder's bond shall be given as a guarantee that the bidder will enter -. into a contract if awarded the work. The successful bidder -~ shall sign and return the contract, together with the contract bonds, within 10 calendar days after award of contract by the District. In case of failure to execute the contract and file acceptable bonds within said 10 calendar days, the certified check or bidder's bond shall be forfeited to the District and the District may award the contract_ to one of the other bidders. (d) Before submitting a bid, bidders shall carefully examine the Plans, read the Special Provisions which include the . forms of contract documents, shall visit the site of the work, and shall fully inform themselves as to all existing conditions and limitations, and shall include in the bid a sum to cover the , -cost of all items included in the contract. (e) Bids shall be sealed in the envelope provided and marked "Bid for Construction of Backbay Bikeway -----"----'-----------and addressed to "Clerk of the Board or Supervisors o± the Orange County Flood Control District, Room 501, 515 North Sycamore Street, Santa Ana, California" and.be delivered thereto on or before the day and hour set for the opening of bids, in the Notice to Contractors as published, and bearing the name of the bidder. It is the SOLE responsibility of the bidder to see that his bid is received in proper time. Any bid received after that scheduled closing time for receipt of bids shall be returned to the bidder unopened. 4. WAGES AND BENEFITS Bidders attention is directed to the statement regarding prevailing wage rates in the Notice to Contractors. B2 Travel and subsistence payments to each workman needed to execute the work shall be made as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section 1773.8 of the Labor Code. Attention is directed to the provisions of Labor Code Section 1777.5 concerning employment of apprenticesa It requires contractors oi subcon- tractors employing tradesmen in any apprenticeable occupation to apply to the applicable joint apprenticeship com~ittee for a certificate of approval and fixing the ratio of apprentices to journeymen used on the contract. Con- tractor may be required to make contributions to apprenticeship programs. The Contractor shall be responsible for compliance with Section 1777.5 for all apprenticeable occupations including those employed by sub- contractors. Contractor and subcontractors shall also comply with Section 1777.6 in the employment of apprentices. For information relative to apprenticeship standards, contact Dir- ector of Industrial Relations, San Francisco, California or Divison of Apprenticeship Standards branch offices. Bidders' attention is called to the above-mentioned Statutes which will require them, if awarded the contract, to pay not less than said general per diem rate of wages set forth, to all laborers, workmen and mechanics em- ployed in the execution of the proposed contract. 5. -AGREEMENT 'AND BONDS The form of. Contract, which the successful bidder, as Contractor, will be required to execute is included in the contract documents and should be carefully examined by the bidder. The Agreement and the bonds will be exe- cuted in original, duplicates stamped according to law, one of which original- duplicates shall be filed with the Clerk of _the Board of Supervisors and the other with the County Recorder of the County of Orange. 6. ·INTERPRETATION OF PLANS AND DOCUMENTS If any person contemplating submitting a bid for the propsed contract is in doubt as to the true meaning of any part of Plans, Special Provisions, or proposed contract documents, or finds discrepancies in, or .omissions from the Plans or Special Provisions, he may submit to the Engineer a written re- quest for ari interpretation or correction. The person sub- B3 mitting the request will be responsible for its. prompt delivery. Any inter- pretation or correction of the proposed documents will be made only by addendum or bulletin duly issued and a copy of such addendum or bulletin will be mailed or delivered to each person receiving a set of such documents. The Engineer will not be responsible for any other explanation or interpretation of the proposed documents. 7. ADDENDA OR BULLETINS Any addenda or bulletins issued during the time of bidding, or forming a part of the documents sold to the bidder, for the preparation of his bid, shall be covered in the bid and shall be made a part of the contract. Addenda will.be issued by the Board of Supervisors to effect major changes in the work to be done and/or to effect changes in the quantities shown in the Notice to Contractors and Proposal. Bulletins will be issued by the Assistant Director to effect minor changes in the work to be done and to amend and clarify the plans and specifications. 8. STATE AND DISTRICT LABOR AND MATERIAL REQUIREMENTS Attention is called to·the State and District Labor and Materials Require- ments, which form a part of the contract and/or Specifications. 9. OPENING OF BIDS Bids will be opened and publicly read aloud at the time set in the Notice to Contractors. 10. AWARD OR REJECTION OF BIDS The award of the contract, if it be awarded, will be to the lowest responsible bidder complying with these instructions and with the Notice Inviting Bids. The Board of Supervisors, however, reserves the right to reject any or all bids, and to waive any informality in bids received. No bidder may withdraw his bid for a period of 45 days after the time set for opening thereof. However, proposal guarantees will be returned within 10 days after the award of the contract or rejection of the bids, as the case may be, to the respective bidders whose proposals they accompany. B4 ·• 11. BIDDERS INTERESTED IN NORE THAN ONE BID No person, firm, or corporation shall be interested in more than one bid (unless alternate bids are called for), nor submit a bid and be interested in a sub-proposal to a bidder on the same project. However, a person, firm, or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other bidders. 12. BONDS The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a faithful performance bond equal to 50 per cent of the contract amount and an additional labor and materials bond equal to 50 per cent of the contract amount, which bond shall provide that if the person or his subcontractors fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unem- ployment Insurance Act with respect to such work or labor that the surety or sureties will pay for the same, and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. Bonds shall be secured from a surety company satisfactory to the Orange County Flood Control District, and shall be in the form and be based upon the conditions specified in Section 3248 (and as amended) of the Civil Code of the State of California. 13. ASSIGNMENT OF CONTRACT No assignment by the Contractor of any contract to be entered into hereunder or of any part thereof, or of funds to be received thereunder by the Contractor, shall be recognized by the awarding authority unless such assignment has had the prior approval of the awarding authority and the Surety has been given due notice of such assignment in writing and has consented thereto in writing. Atten- tion is directed to Section 3-07.02, "Subcontracting" of the Standard Specifications. If the Contractor intends to subcontract any portion of the • work bid upon, the bid or offer must set forth the name and the lo- cation of the mill, shop, or office of each subcontractor who will perform the work, or labor, or render service to the Contractor in or about the construction of the work or improvement, and the portion of the work which will be done by each subcontractor. B5 14. • . . :, . . • OTHER REQUIREMENTS (a) Nondiscrimination In performance of the terms of this Contract, the Contractor shall not engage in nor permit such subcon- tractors as he may employ from·engaging in discrimina- tion in employment of persons because of the race, color, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred· to in Labor Code Sec- ·tion 1735 . (b) Workman I s Compensation Insurance The Contractor is required· i:o secure the payment of compensation to his employees in accordance with the provisions of Section 3700 of the Labor Code and before entering into a contract, khe bidder to whom contract has been awarded shall furnish satisfactory evidence that he. has secured, for the period of the contract, full work- man's compensation ins_urance and Public Liability and Pro- perty Damage insurance in accordance with the Standard Specifications, from any responsible insurance company,· authorized to do business in this State and.such insur~ ance shall be maintained in full force and effect at his own expense during the life of the contract. (c) Financial Condition and Qualifica_tion Before entering into a contract, the successful bid- der shall furnish a statement of his financial condition and previous construction experience or such other evidence .of his qualifications as may be required by the Board of Supervisors. No bid will be accepted from a Contractor who.is not licensed in accordance with the law under the provisions of • Division III, Chapter 9 of the Business and .Professions Code of the State of California . .. I : J t '. • f ..• Registration and Disclosure of Lobbyists Prior to entering into a contract, the'succc;sful biddet will be required to furnisl1 such information that the Chief Engineer m.::iy comply with Section 11.054 of Or-dinance No. 2717. Said section requires the Chief En-gineer to certify th.:it; (1) The Contractor.has not employed a governmen-tal advocate and paid such advocate compen-sation and expenses in excess of $25 concern-ing a District matter within the preceeding quarter or (2) The Contractor has employed a governmental advocate and paid such advocate compensation • and expenses in excess of $25 concerning a District matter within a preceeding quarter and filed the necessary report with the Clerk of the Board pursuant to Section 11.053 of the Codified Ordinances. ---·:"-lS: This project is being funded by the Orange ·i::oi.inty Ha~bors ;. Beaches, and Parks District. The Orange.County Environl'.lental . . Management Agency, a consolidation of the-Orange County Flood Control District and ·the Orange County Harbors, Beache_s and Parks 0District, will be administ:ering the pr.oj ect. • • ·."· Fo~ ·con.;enience ·and economy •in the ureparation· of the plans and _: .-special provisions;. standard forms· of the .Flood Control District ·-:-_ -_-have been used. ___ -._·re· _should. be imderstood_ that whenever ""reference is made to the_ ·-.·:Flood Control District or distr.ict-, the ref"eren.ce means-the Qn,nge -• C~unt;( Harbors;_ Be<J.ches and P·arks District. -- . . . ..... ·-. . : -- -_,;; .. .• ;.-•. • · B7 f.ROPO§_AL TO ORANGE COUNTY FLOOD CONTROL DISTRICT SANTA Ai."TA, CALIFORNIA FOR CONSTRUCTION OF THAT PORTION OF • Name of Bidder • ----------------'----"'----------- Business Address Phone No. ----------------"----------- Place of Residence --------------------------'---- TO THE BOARD OF SUPERVISORS OF ORANGE COUNTY FLOOD CONTROL DISTRICT: The undersigned, as bidder, declares ·that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that the Contractor has not accepted any bid from any. subcontractor or materialman through any bid depository, the By-laws, Rules or Regulations of which prohibit or prevent the Cont~actor from considering any bid from any subcontractor or materiah1an, which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depositor; that he has carefully .examined the location of the proposed work, the proposed form of contract, and the plans- therein referred to; and he proposes and agrees, if this propcsal is accepted, that he will contract with the Orange County Flood Control District in the form of the copy of the contract, as .set forth in said special provision of the Orange County Flood Control District to provide all the necessary labor, machinery, tools, apparatus and other means for construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will accept in full payment therefor the following lump sum and unit prices, to wit: Cl I . • • SCHEDULE OF WORK ITEMS : Item Approximate Items with Lump Sum or Unit Unit Prices No. 1 2 ' Total Total --- --- --- Quantity Prices Written in Words in Figures ; ' Dollars Cents Square yards of tack coat for 19,550 , . PER SQUARE YARD Tons of asphalt conc;.rete, in place for . -------------------------. 2,900 .. . PER TON . or Gross Sum Bid Written in Figures or Gross Sum Bid Written in Words " • . -- ---------- ------- ------- --- ------------------ - - -~-.- ---- - ------- - -- ---------- In case of a discrepancy between words and figures, the words shall prevail. In case of discrepancy between the correct product of the unit prices multiplied by the quantity and the amounts written above, the correct product shall prevail. In case of discrepancy between the correct sum of the individual items and the totals written above, the correct sum shall prevail. .. CZ - . A.-nounts Dollars Cents ' ' ' . ! I ---- --I i ---~ --I I --·--- -' ! It is understood that the.approximate quantities.shown in the foregoing schedule are solely for the purpose of· facilitating the comparison of bids, and that the Contractor's compensation wil:l be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein. As required by the California State Law, the General .Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for.each particular trade or subdivision of the work and will state the firm name and principal location of the mill, shop or office of each: DIVISION OF WORK NAME OF FIRM OR CONTRACTOR LOCATION OF :t-fILL, OR TRADE SHOP OR OFFICE . . . . '-, ' . . -~·---. . Accompanying this proposal is.~------------~~--~-(NOTICE: Insert the words "cash" "bidder I s bond", or "certii:ied-check", as the case may be) in amount equal to at least ten per cent of the total of the bid, payable.to the Orange County Flood Control District. The undersigned deposits the above named security as a proposal guaranty, and agrees that it shall be forfeited to the Orange County Flood Control District as liquidated damages in case this proposal is accepted by the said District and the . undersigned shall fail to contract as aforesaid and to give the two bonds in the form set forth in the special provisions of the District in the sums to be determined as aforesaid with surety satisfactory to the District, within six (6) days (not) including Sundays) after the bidder has received notice from the District ·.that the contract is ready for signature. otherwise said security shall be returned to the undersigned. The names of all persons interested in the foregoing proposal as princiapls are as follows: C3 (IMPORTANT NOTICE ---If bidder or other interested person is a corporation, state leg2.l name of corporation, also names of the president, secretary, treasurer, and manager, thereof; if a co-pa~tnership, state true name of firm, also names of all individual co-partners composing firm; if bidder or other interested person is an individual, st .. ate first and last names in full). Licensed in accordance with an act providing for the registration of Contractors, License No. ____________ _ Signature of bidder _______________________ _ NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the sig- nature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership, and if bidder is an individual, his signature shall be placed above. Business address -------------------------- Place of residence ~----,-------------------- Dated ____________ _ C4 AGREEMENT THIS AGREEMENT, made and entered into this ____ day of _________ , 19 __ by and between the ORA~GE COUNTY HARBORS, BEACHES AND PARKS DISTRICT, organized under Division 8, Part 2 of the Harbors and Navigation Code of the State of California, as amended, hereinafter referred to as DISTRICT, and:_ ____________________ , hereinafter referred to as CONTRACTOR. W I T N E S S E T H 1. CONTRACTOR, under the direction and to the satisfaction of DISTRICT, will furnish all labor, materials, transportation and services for the construction of Back Bay Drive Arterial Bikeway in accordance with the plans and Special Provisions, Stand~ ard Specifications, advertisement for bids, notice inviting bids, information for bidders, bid, general, special and supplementary provisions, drawings, plans, specifi- cations and all modifications and amendments thereto all of which are incorporated herein and made a part hereof as though fully set forth, 2. CONTRACTOR agrees to pay to any laborer or mechanic employed by him, the prevailing rate of per diem wages and rates for legal holidays and overtime -work, all as shown and set forth in the Notice to Contractors or as on file with the Clerk of the Board of Supervisors. The CONTRACTOR shall as a penalty forfeit to the DISTRICT $25. 00 for each calendar day or portion thereof for each workman paid less than the .prevailing wage under this contract, by CONTRACTOR or any Subcontractor under him. 3. Eight hours constitutes a leg.al day's work. CONTRACTOR shall forfeit, as ·a penalty to DISTRICT, $25. 00 for each workman employed in the execution of the contract by CONTRACTOR or any Subcontractor under him for each calendar day during which such workman is required or permitted to work more than eight hours in any one ·calendar day and 40 hours in any onecalendar week in violation of the provisions of California Labor Code, and in particular, Sections 1810 and 1815 thereof, inclusive, except that work performed by employees of Contractors in excess of eight hours per day, and forty hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay, as provided in Section 1815.· The CONTRACTOR and all subcontractors shall keep accurate records showing the name and hours worked each calendar day and calendar week by each workman in accord- ance with Section 1812. 4. DISTRICT and CONTRACTOR agree that the effective agreement date shall be the date the CONTRACTOR starts work, or a maximum of 30 consecutive calendar days after the date of execution of this agreement whichever comes first. Dl • 5. CONTRACTOR agrees to commence construction of the work provided for herein on the effective date of this Agreement and to. continue in a due and diligent workmanli.sce. manner without interruption, and to com- plete-construction thereof within 21 consecutive _calendar days subseq1;1ent to the effective date of this Agreement. 6. DISTRICT agrees to pay CONTRACTOR in accordance with the prices set forth in the bid submitted by CONTRACTOR on the items of bid accepted by the DISTRICT. vVork progress payments, in accordance with the general provisions of this contract, shall be made by the DISTRICT computed from prices set forth in the bid submitted by CONTRACTOR. • CONTRACTOR certifies the following: (l) "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 11 • (Z) 111 am aware of the provisions of County of Orange Ordinance 2717 and have complied with same. 11 _8. Time is of the essence and as it is extremely difficult and im- -_yracticable to determine and fix the actual damages which DISTRICT will sustain should CQNTR.t1.CTOR fail to complete the work called for in this Contract within the time allowed herein, COl'ITRACTOR agrees that T,vo Hundred ($200. 00) Dollars per day for each day beyond the Contract term required to complete the work is a fair and :reasonable estimate of the dam- ages which DISTRICT would suffer because of CONTRACTOR's delay, and . said amount shall be presumed· to be the amount of damage sustained by DIS- TRICT as a result of a delay on the part of CONTRACTOR, and therefore • it is agreed by both parties hereto that said amount per day for each day beyond the Contract term shall be a charge against CONTRACTOR and shall be deducted as liquidated damages from amounts due him under this contract. Prevailing Wage Rates, Working Hours Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Board of Supervisors has ascertained the ger.- ·eral prevailing rate of wages and employer payments for health and welfare, vacation, pension, and similar purposes applicable to the work to be done. These rates are on file with the Clerk of the Board of Supervisors, and copies will be made available to any interested party on request. A copy will be posted at the job site. The provisions of Sections 1775 and 1813 of the Labor Code will be complied with. • 10. Apprentices CONTRACTOR shall be responsible for compliance with the pro- V1s1ons of Section 1777. 5 of the Labor· Code. Section 1777. 5 is not applicable to prime contracts involving less than $30, 000 or 20 working days . • DZ .. ·• .. IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and seals the day and year first hereinabove written. • ATTEST: . W.E. ST JOHN, County Clerk and ex-officio Clerk of the Board of Supervisors of Orange.County, California By_··--~--------------Deputy CERTIFIED AS COMPLYING WITH ORDINANCE 2717 AND RECOMMENDED FOR APPROVAL: H. G. OSBORNE, DIRECTOR ENVIRONMENTAL MANAGEMENT AGENCY ~y _________________ _ APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL, ORANGE COUNTY, CALIFORNIA By ____ --=------------·Deputy D3 ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT, organized under Division 8 Part 2 Harbors and_Navigation Code as amended By __________ ~-----------Chairman of its Board of Supervisors DISTRICT By ___________________ _ Contractor • 2-01 2:...02 2-1 SECTION 2 ITEMS OF WORK INTENT The work is to be aone in accordance with the Standard Specifications and Plans (hereinafter called Standard Specifications) of the Orange County Flood Control District, and these Special Provisions. The Stan- dard Specifications were adopted by the Board of Supervisors on March 7, 1972, and are available for purchase from the Environmental Management Agency, Development Division, room 219 at 400 Civic Center Drive West, Santa Ana (mailing address: P. 0. Box 1078, Santa Ana, California 92702). In case of conflict between the plans and Standard Specifications, the plans shall prevail. In case of conflict between the Special Provisions and either the Standard Specifications or plans, the Special Provisions shall prevail. It is the Agency's intent to provide a 20-foot wide paved surface for use by lightweight vehicles and bicycles. In this respect the finished surface shall be smooth and uniform. LOCATION AND DESCRIPTION OF WORK • The portion of Back Bay Drive Arterial Bikeway to be constructed begins at San Joaquin Hills Road then extends northerly along the eastside of Newport Bay to Eastbluff Drive. Within this reac.h tbere is an existing roadway section which varies in width, thickness, and quality. For this reason the construction has been divided into four separate reaches which are indicated on the plans. Reach I begins approximately 60 feet north of the E.C.R. for San Joaquin Hills Road and extends 3300 feet to the south side of an existing bridge as shown on the plans. The existing section is in good condition but has an inadequate structural section_. Reach II begins at the southside of the existing bridge and extends approx- imately 2500 feet to the entrance of a sewer lift station as shown on the plans. This reach is primarily a rock and oil surface and is roughly graded. Reach III begins at the sewer lift station and extends approximately 3000 feet to a dirt road which is shown on the plans. The reach is primarily a road oil surface with "potholes" scattered throughout. Reach IV extends approximately 3050 feet from the above mentioned dirt road to the end of construction at an existing A.C. berm on the southside of Back Bay Road. This reach is extremely rough and is scattered with numerous deep ''potholes. 11 2-2 2-04 2-05 2-06 The work under this contract consists essentially of placing 2,900 tons of asphalt concrete for a 20-foot wide section at varying thicknesses. DRAWINGS Sheet 1 of Drawing No. Ul6.5-l entitled "Plans for the Construction of that Portion of Backbay Bikeway from San Joaquin Hills Road to Eastbluff Drive" are attached hereto as part of these spec_ifications. The drawing shows the location and character of work and details of the construction. PROGRESS OF WORK AND TIME FOR COMPLETION The Contractor's attention is directed to the Agreement and to Paragraph 3-07.05 of the Standard Specifications. In the event the work is not completed within the time specified, liquidated damages will be deducted from the amounts due the Contractor. FLOW AND ACCEPTANCE OF WATER It is anticipated that surface or other waters will be encountered at various times and locations during the work herein contemplclted. The Con-tractor, by submitting a bid, acknowledges that he has investigated the risk from such waters and has prepared his bid accordingly, and Contractor by submitting a bid assumes all of said risk. The Contractor shall conduct his operation in such a manner that storm or other waters may proceed uninterrupted along their existing street or drain-age courses .. Diversion of water for short reaches-to protect construction in progress will be permitted if public or private properties, in the opinion of the Engineer, are not subjected to the probability of damage. The Con-tractor shall obtain written permission from the applicable public agency or property owner before any diversion of water outside of the right of way will be permitted by the Engineer. In the course of water control the Contractor shall conduct his construction operations to protect waters from pollution with fuels, oils, bitumens, or other harmful materials, CONSTRUCTION AREA AND WORK SCHEDULE The Contractor's construction operations shall be confined to the existing graded cross section for Back Bay Drive. After completion of the project, the Contractor shall restore the ground to its original condition except where otherwise indicated on the plans. In this respect, the Contractor shall leave the construction area in a clean and presentable condition. The Contractor shall obtain written permisSion from the owner tO use any land or access not specifically provided for his by the plans or Special Provisions. 2-07 2-08 2-:-09 TRAFFIC DETOUR The Contractor shall close Back Bay Drive to through traffic between . San Joaquin Hills Road and Eastbluff Drive during construction. The Contractor shall provide signs, barricades, lights, and other safety fileasures, in accordance with the State of California Department of Transportation-''Manual o:CWarning Signs, Lights, and Devices for the 2-3 Use in-.Performance-of Work Upon Highways" or as directed by the Engineer. The Contractor shall post signs 72 hours prior to construction at the extreme limits of the project which indicate the intent to close Back Bay Drive and the dates that the closure will be effective. The Contractor shall field check all temporary traffic control signs, barricades and other devices at least once every day, including Sat- urdays, Sundays and holidays, to insure their proper maintenance and conformance to plans, specifications and detailed instructions of the Engineer. All existing permanent traffic control signs, barricades and devices shall remain ineffective operation at all times unless otherwise specified in the plans. Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor at his expense. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE The amounts of insurance coverage specified in the Standard Specifi- cations and Plans, Paragraph 3-06.03, page 3-21, and 3-22 shall be ame..~ded to the following: Bodily Injury Property Damage ASPHALT CONCRETE BIKEWAY $ 500,000 each person $1,000,000 each accident $ 500,000 Each accident $ 500,000 (not to exceed $500,000 per year of policy life) Asphalt concrete shall be placed in acc.ordance with these special pro- visions and Section 39 of the "Standard Specifications" for the State of California Business and Transportation Agency, Depa.rtment of Trans- portation, January 1975. The basis of alignment shall be the existing edge of Back Bay Road nearest Newport Bay or as directed by the Engineer. All pavement shall be 20 feet wide. Thickness of asphalt pavement shall be as specified below. 2-4 2-10 Reach I shall be 1-inch AC (Type B, 3/8 inch maximum, AR 4000) over the existing sur.face. The existing surface shall be swept clean of all loose material.. A tack coat of asphalt emulsion, eithe.r SS-1 or SS-lh, shall ·be· applied uniformly at a rate of 0.05 to 0.10 gallons per square yard. The exact rate of application will be determined by the Engineer. The trans- verse edge at the beginning of construction shall be feathered. Reach II shall be l½-irtches AC (Type B, ½-irich maximum, medium, AR 4000) over the existing surface. The existing surface shall be swept clean of all loose material. Localized "potholes" and irregularities shall be filled with A.C. and compacted to provide a smooth base. A tack coat, as speci- fied above, shall then be applied. The joint between Reach I and Reach II shall transition gradually in order to maiiltain a smooth and-uniform surface. Reach III shall be 2 inches of AC (Type B, ½-inch maximum, medium, AR 4000) over the existing surface. The existing surface shall be swept clean of all loose material. "Potholes" shall be filled with A. C. and compacted. Areas which are poorly graded, causing paver to leave ridge_s, indentations or other marks in the surface, shall be repaired prior to placement of the 2-inch course. A tack coat as specified for Reach I shall then be applied. The joint between Reach II and Reach III shall transition gradually in order to maintain a smooth and uniform surface. The existing roadway section of Reach IV is poorly graded. The· existing surface shall be swept clean of all loose material. No tack coat is required. The Contractor shall place a l½-inch A.C. leveling course (Type B, ½-inch ; maximum, medium, AR 4000) in order to provide a smooth base so that the subse- quent layer will be of uniform thickness. The Contractor; without additional compensation, shall do all work necessary to insure a smooth base. The final course shall be l½ inches of A.C. (Type B , ½-inch maximum., medium, AR 4000) over the l½-inch A.C. leveling course. The joint between Reach III and Reach IV shall transition gradually in order to maintain a smooth and uniform surface. The transverse joint at the end of construction shall be feathered to the ·existing surface. MEASUREMENT AND COMPENSATION Compensation for the bid items shall include all labor, material, tools, equipment, safety measures and supervision required to complete the work to the dimensions shown on the plans and staked in the field. There shall be no compensation except for the bid items herein. The cost of all work in the plans and specifications not specifically identified as a bid item (or described within the bid items) shall be included in related bid items .ind no additional compensation shall become due the Contractor by v-irtue of compliance with the plans and specifications except as provided in Sections 3-08 and 3-03.05 of the Standard .Specifications. Bid Item 1 -Tack Coat The cost of furnishing and placing emulsified asphalt tack coat, either SS-1 or SS-lh, shall be included in the contract unit price per square yard for Bid Item 1. MSA;jb Bid Item 2 -Asphalt.Concrete The cost of furnishing and placing asphait concrete shall be-included in the contract unit price per ton for Bid Item 2. The Contractor shali-furnish tneEngineer a legible copy of a· licensed weighmaster' s certificate showing gross, tare and_ net weight of each truckload of asphalt concrete.· These certificates will be used as the basis cif payment. Final pay quantities must be within 10 percent of those estimated herein. 2-5 @ (',. © • 'l'C>~TV <> F @(Q)R.ANGE H. G. OSBORNE DIRECTOR C.R. NELSON ASSISTf'NT DIRECTOR DEVELOPMENT Mr. Joe Devlin, Director of Public Works City of Newport Beach 3300 Newport Boulevard ENVIRONMENTAL MANAGEMENT AGENCY DEVELOPMENT DIVISION 400 CIVIC CENTER DRIVE WEST SANTA ANA, CA. SEP 2 8 1976 Newport Beach, California 92660 Dear Sir: TELEPHONE: 834-2300 AREA CODE 714 MAILING ADDRESS P.O. BOX I 078 SANTA ANA, CA. 92702 FILE ABS . 9E The construction of Back Bay Bikeway. has been completed in accordance with the plans and specifications. On a cursory inspection trip, I noted the following which would be desirable under the terms of our understanding of your opera- tional responsibilities: 1. 2. The centerline should be striped. The paving should have painted at regular intervals the words, "Bike Trail." ' / r 11,,, r I 3. 4. 5. 6. 7 .. By ordinance and appropriate posting, the city should prohibit truck traffic. Speed limit signs should be posted at regular intervals. More frequent policing is needed to r _egulate erratic driving and to prohibit illicit dumping. (It is noted that street sweeper refuse has been deposited at some locations on the bay side of the trail.) In locations where parking may be practical, paved drives for ingress/egress should be installed, i.e., the mouth of Big Canyon. Perhaps with the cooperation of the Department of Fish and Game and/or Friends of Upper Newport Bay, appropriate s i gns could be installed requesting courtesy to trail users and proper respect for the natural resources of the area. ,r I I '' O' Mr. Joe Devlin City of Newport Beach Page 2 Your attention to these requests we hope will prevent trail user complaints and enhance the city's credibility as owner and operator of the trail and as a partner in the conservatory partnership between the city, the county1 and the State Depart- ment of Fish and Game. Very truly yours, C.R. Nels0n1 Assistant Director CRN:mb cc: Supervisor Thomas F. Riley Cct•.):i:·er 4, 1976 ~r. c . a. Nel son, Asst . Dir . .::hvil'.'0:.:11 ·:1 .. mtal 1t!l.naq8t~.Emt Agenc y ~"'.:.). 1)())i:. 1078 Santa .Ane., CA 927 0, t>-, c.:r:..~; i :-1 recc:i1:;t. of ):.'--1u= l t;~,-( .... ,.:-~. ! c•i· n r• .... ;.:. . ..,, ' ;:i.·,-,. ,_,~ ..-C•'-• J .J...:J ~J -... 4~ --.: ._,._ ~av~~g a1 ~~ck Ju, ~riv~. ldtt~r of ~o~tan~0r 28, G.,.~ c .:;!r-2l~~Li01. of tl.c Ir. au ef.ior t to i;,,..,,rov.T.: ,.,.. . .,, ; ,,, a: ...... -.. .. • ... ·-..t- ·L;10 • . .)p.sr (:i ;:~.J •'.... c>1 ~!.l..\~ict,: .. r it· ti:..:;:.: ~,[ t1 -(.:. :;~ t.r.1 ·~ : .. , ••• t.. ~-.:!''"'! r,:.... 3.r: • ·:~ t:. J:. a 1 -• .l >.i -~.t . ,:, f. .:.J 2. ~ Q;\ -1 :.if; ti.O t.. 5. ,::,: l ~·3 . .. , OIi••. i :~~: -t:,.:,2.l J.l: .. (: 1 > =.:,; '.;.; ~~.2.; --~.. ; :~1.-~ .. Gr :... ~1:.: 'la r 1 o:.t~) :: . .:.,;.;,:,·;._ __ -..: 1 .. ' . : ,:i~)1'.d.tt.::.i:=: . .:..n orCJ.,1.::ir.c~. -Lo ths Cl.ty C0,mci1 for ror;;ti nr; a 6,Guu l ;;.i . weis~1t l ir,·.H:. froi--: ..., . G.r.~din~, t.he a.CC.:l:i!&S to par k i.r.,3 ure:as to .:-J.L .i ~,.:-.tfs th::-: ,::,rade d ifferontJ ;;J. t,':'tweer. t he new pavin9 and e:x:.l F.,tin9 ground . I n acditicm, t LE I'olico r:,..,t_,~u.··t.r,i ... :Yit. 1·.c:fi h:ien :n~c,t~oettPc~ to ~atrol n1.~ ~nforce t he Vfthi0lP cod~ regulat ions. 'l'he Ci t:y woulc like to personally tha11l< you for your help L1 ,s0tting this 1~roje ct through the p J.a nninC' and construction stage. Joe 'I. Devlin Public Works Director cc: Don Webb CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT December 14, 1977 TO: CITY MANAGER FROM: Traffic Engineer SUBJECT: OPINIONS REGARDING BACK BAY DRIVE Attachment BED:bcd l. Number of accidents occurring on Back Bay Drive withi.n the last twelve month period. Our records indicate there have been 16 accidents on Back Bay Drive. The accidents have occurred at three curve locations. We are" in the process of reviewing corrective measures and will implement necessary improvements as soon a~ possible. 2. An opinion concerning decreasing the speed limit to 15 mph. The California Vehicle Code would not permit the City to post a 15 mph speed limit without justifying the speed limit with an Engineering and Traffic Survey. Previous surveys show the currently posted 25 mph limit is justified and should not be lowered. In addition to the 25 mph regulatory signs, in January 1975 we posted Curvy Road 15 mph advisory signs. These signs would only be enforceable at particular curve locations. A field check of these signs revealed that one of the signs near Eastbluff Drive has been removed. We wi 11 advise General Services to replace the missing sign. 3. Your opinion regarding constructing a cul-de-sac or barrier midway on Back Bay Drive so as to prohibit through traffic. December 13, 1977 TO: TRAFFIC ENGINEER FROM: Pub 1 i c Works Di rector SUBJECT: BACK BAY DRIVE This is in response to your request for comments on the con- struction of a cul-de-sac in Back Bay Drive. In addition to the traffic considerations, there are a number of important legal and social issues that should be fully examined in connection with any plan to cul-de-sac Back Bay Drive. In the past, the City has always considered the restriction of public access to tidelands and lands that are under public mmership as a serious matter. Any attempts to restrict this right should be fu11y explored by the City Attorney's office. Because of the _type of use and length of Back Bay Ori ve, the folfowing is only a parial list of some of the questions that could.be raised: i <lTD:do 1. Where would the recreational usersgo? e.g. Many of the bird watchers are senior citizens who use their vehicles to provide access to bird habitat. 2. Are we providing for the short-term visitor who spends a lunch hour or brief visit to the site before return- ing to his normal daily activities? 3. Hould emergency access to the area be a problem? 4. Would length or location of cul-de-sac decrease public safety and increase out-of-directional travel? 5. Are we setting an undesirable precedent that could be applied in other areas of the City? 6. Are we providing reasonable access to the property m1ner, who, in this case, is the public? 7. Are 'iJe res tri cti ng proper access for roadway~ ditch, storm drain and se1,1er pump station maintenance? May 26, 1976 Mr. Herbert C. Estes 510½ Iris Avenue • Corona del Mar, CA 92625 Dear Mr. Estes: xxxxxx 640-2281 Your letter of May 10, 1976 to the Newport Beach City Council regarding Back Bay Drive has been referred to this office for a reply. The City Council has approved the proposed resurfacing of Ba ck Bay Drive by the County of Orange. However the City has not officially discussed the closing of Back Bay Drive to automobile traffic. I agree with the last paragraph of your letter; the joint use of Back Bay Drive by bikes and automobiles is working out just fine. I can assure you that the PublicWorks Department at this time would recommend against the closing of Back Bay Drive to automobiles if the matter came before the City Council. - Sincerely Joseph T. Devlin Public Works Director JTO:hh cc: Supervisor Thomas Riley CITY OF NEWPORT BEACH MEMORANDUM: From Office of the City Manager Joe Devlin, Director ro .............. Publ ic. wor~~ & Engine~!.'.~.ng SUBJECT: CITY COUNCIL_ CONSENT CALENDAR ITEM H-3(b), dated 5/24/76 May 25 76 ------······• 19 ....... . Attached is a copy of a letter from Herbert C. Estes protesting the Back Bay bike trail resurfacing for bicycles only rather than for automobiles as well as bicycles. Council has referred this letter to you for reply. RJL: ib Attachment Reply wanted 0 Reply not neceuary □ Newport Beach City Council 510½ Iris Avenue Corona del Mar, Calif. 92625 May 10, 1976 City Hall, y Newport Beach, Calif. /-/ 3 [~ Gentlemen: I wish to protest the Back Bay Bike Trail. I think it is totally unnecessary. The purpose of a Bike Trail is to nrotect the bike rider from vehicular traffic. The bike.rider is already totally safe on Back Bay Drive, as there are so very few cars there, Yes, the Back Bay Drive does need resurfacing, but it should be resurfaced for automobiles, not just bikes. It is being used for BOTH bikes and automobiles at present and working out just fine. It would be a sad day for many people if it were closed to automobiles. V3ry truly yours, ~.~f-£~ Herbebt C. Estes Copy to: Supervisor Thomas Riley 515 N. Sycamore Santa Ana, Ca. 0;:'.lf.'8' :,-_ / ;S - f:ti?) SH!T TO: 'XJ .... i.'.:ljC! June 24, 1976 Mr . J . W. Williams, Division Manaqer Environmental Management Agency - County of Orange 400 Civic Center Drive West Santa Ana, CA 92702 Attention: Mr. Mark Anderson Subject: Backbay Drive Bikeway Gentlemen: xxxxxx 640-2281 The plans and special provisions for the Backbay Bil<eway are accept- able to the City subject to the contract being performed in such a rr.anner that the conditions set out in the attached Fish and Game Department letter are met. Upon completion of the paving of Sackbay Drive the City agrees to maintain the roadway/trail and post the appropriate load limits. Orange County Sanitation District No. 5 plans to construct a sewer main from Big Canyon {approximately 2200' northerly of San Joaquin Hills Road) to an area adjacent to the Newporter Inn . They w111 be changing the grade of Backbay Drive to provide adequate cover for the sewer main. This project should beiin construction in March of 1977. It is suggested that the first 2500-feet of Reach I be deleted from your contract. The Sanitation District will be required to replace the roadway with an adequate streetssection. Consider this letter your pennit to construct the Backbay Rikeway improvements. If you have any questions or need additional information please give our Project Manager, Don Webb, a call. Very truly yours, Joseph T. Devlin Public Works Director OW:hh Encl. STATE OF CAUFORNIA-RE:SOURCES AGENCY DEPARTMENT Of FISH AND GAME .0 ~0 Golden Shore ( • ,g Beach, California 90802 'v,13) 590-5114 Mr. Joseph T. µevlin Director of Public Works City of NeWport Beach 3300 Newport Boulevard Newport Beach, California 92660 Dear Mr. Devlin: EDMUND G_ BROWN JR., G,:.wern~r March 23, 1976 This letter is in response to Orange County's proposed arterial bikeway on Back Bay Drive (Ref: J. W. Williams, Division Manager's March 4, 1976. letter to you). We have no objection to the proposal in that it will provide improved biking access opportunities along the bay. Our support of thelproposal is conditioned on: Paving does no extend bayward of the existing alighnment of pavement. I l. 2. Bayward berm i~ left undisturbed where vegeta.tioa has stabilized berm material. I Drainage structures be constructed as needed with minimum impa,ct upon bay-I ward berm and 'lope. 3. The proposed route I from San Joaquin Hills Road nortltefly to the old salt pond dikes, is in the mdst sensitive zone. That area from the junction o£ East _]nU,ff Drive and Back BaylRoad southerly along the old salt ponds, is less sensitive and variations in the conditions could be attained. Sincerely, glAA.-<£ r-, ~~ +1 Rober~ D. Montgomery Regi9nal Manager Region 5 cc: Hr. J. w. Williams, Division Manager, County of Orange Environmental Services, Region 5 R. Hein J. Sprvill H. G. OSBORNE DI R EC TOR Mr. Joseph T. Devlin Director of Public Works City of Newport Beach 3300 Newport Boulevard Newport Beach, California Dear Sir: ENVIRONMENTAL MANAGEMENT AGENCY 400 CIVIC CENTE R D RIVE WEST SANTA ANA, CALIFORNIA T ELE PHONE: 834-2300 AREA CODE 714 M Al\,.ING ADD RESS: P. O. BOX 4048 SANTA ANA, CALIFORNIA 92702 JUN 1 4 1976 C, 92660 ; I·;~--;;__"--,, ' REC EIVED tUBU C WORK S JUN 1 71976► CITY OF NEWPORT BEACH, CALIF. F ILE TAB 9E-D-5 The agency has prepared contract plans and special provisions for the construction of Backbay Bikeway between San Joaquin Hills Road and Eastbluff Drive in the Ci ty of Newport Beach. One complete set of plans and special provisions are attached for your review. Please consider this let ter as a permit application a l lowing this agency to repair the surface of Back Bay Drive to provide a suitable surface for bicycle use. It is the underst anding of this office that upon completion of the contract, the City of Newport Beach will be responsible for the operation and maintenance of the trail/road. Secondly, it is understood that the City will post appropriate load limits on the trail/road as discussed at the June 2, 1976 Harbors and Navigation Code hearing. Confirmation of these two items would be appreci ated. Present scheduling calls for print ing of the final plans and special provi sions before June 23, 1976. Your prompt r eview would be greatly appreciated in order that project ·scheduling may be maintained. Should you or your staff have any questions regarding the project, pl ease contact Mark Anderson directly at (714) 834-6389. Unless you wish the undersigned to personally review your response, r evi ew wil l be expedited if it is directed to t he attention of Mr . Anderson. Very truly yours, Williams, Division Manager MSAijb Attach: Backbay Bikeway Plans & Spec· 7 , I ® ®~~TVOF "'@OR.ANGE ~ ENVIRONMENTAL MANAGEMENT AGENCY H. G. OSBORNE DIRECTOR C.R.NELSON ASSIST~NT DIRECTOR DEVELOPMENT Mr . Joseph T. Devlin Director of Public Works City of Newport Beach DEVELOPMENT DIVISION 400 Cl VIC CENTER ORI VE WEST SANTA ANA, CA . 3300 West Newport Boulevard Newport Beach, California 92660 Dear Sir: TELEPHONE: 834-2300 AREA COOE 714 MAILING ADDRESS P.O. BOX I 078 SANTA ANA, CA. 92702 TAB-9E-D The Board of Supervisors, on May 4, 1976, set June 2 as the hearing date for con- sideration of the question whether the Upper Newport Bay Bicycle Trail running from Eastbluff Drive to Newport Dunes should be a project of the Orange County Harbors, Beaches and Parks District for funding. Concurrent with that authoriza- tion, the Board requested that the City of Newport Beach and the State Department of Fish and Game provide input in the matter of whether Back Bay Drive should be closed to automobile traffic. In responding, you should recognize that the arterial bikeway system has insuffi- cient funds for paving Back Bay Drive to a structural section adequate for long-term service as a public street. Three alternatives come to mind as follows: 1. If Back Bay Drive should be abandoned as a public street and closed to auto- mobile traffic, the City of Newport Beach would need to reserve sufficient easement rights for pedestrian and bicycling along with any utility easement rights you may deem necessary. In this event, the bikeway would be paved with a thickness of asphalt concrete varying from one to three inches thick and a width of 16 feet along the existing alignment of Back Bay Drive and barricaded in a way that the only vehicles that would take access would be maintenance, emergency and police motor vehicles. 2. Pursuant to our discussion on May 7, 1976, if it is the position of the City of Newport Beach that Back Bay Drive should be kept open as a public street, the arterial bikeway system funds might be limited to paving a 10-foot width of asphalt concrete varying in thickness from two to four inches, the City of New- port Beach would need to fund the second 10-foot lane to maintain two-way traf- fic, the city would provide all future maintenance and policing. Further, be- cause of the short radius curvature in locations, it would be essential to post and enforce a 15 mile per hour speed limit. Mr. J. Devlin, Direc City of Newport Beach Page 2 of Public Works 3. A third possibility would be similar to No. 1 above; that is, the paving of a 16-foot wide, two-inch thick asphalt concrete section and the striping of six feet for a bike lane and 10 feet for a one-way motor vehicle traffic with a speed limit of 15 miles per hour. Whatever alternative may be preferable to the city, it should be made clearly evident that the purpose of the county's arterial bikeway system financing is to provide for the paving for bicycle transportation as the primary use. In the limited time available, it may not be possible to coordinate your answers with those of the California Fish and Game Department. Accordingly, oral testimony by the City of Newport Beach at the public hearing may be the most expeditious means of providing your input. Very truly yours, CRN:tea Encl: Copy of Board Action 2nd No_ys Ui vi ~; c'"J ::,.:,i > () 1---t t-·i H 8 :,~ i_TJ ;,., L-l ,....:j ::--::: C) ::j •trj f---1 ~--! ::U ;.,-.~ '< '.,_;_::; .-j H ~; ::r: AGENDA CONSENT CALENDAR MATTF;zs: 32. 1iIC AGREEtIBNTS -CORRECTION, A}l!=I<DI'·IBNT AND CONTINUANCE FOR WC1''.IEN ~ INFA.NTS Al',7D CHILDi"ZEN (1:'¥'1C) SPECIAL SUPJ?LENENTAL FOOD PROG~:\./l.l·1. The Heal th Officer is requesting correction of Board Resolution No. 75--1406 to include -]-"' (•2r, 1 'C' • ,. ru.1 revenue 0£ ~ u)4L I in Seate contrac~; at the same tirne _ an aT;~eruJment to ! ~upp ~ern~~t ,funds, i~ .the ~m~un~ of ~$5: 68L{-l ror AprJ_l tnro-ugh June, .L9 /6 is suLHn1.tte,,\ for approval, as well as a budget contin~12nce appl::Lcation for July through September in the. amount of $lL1-; L~oo. RECOJ:iM_ENDED ACTIO,N: Appro-\7e as recommcnde d. Page -·15- 33. PRO}?OSED llEARil\.J'G -ARTERIAL Set for hearing on BIKE\--JL.Y-SYS':i'EH ROUTE 9E -11 B/\CKBAY June 2, 1976, and the EIKE\v'AY11 (DI~-;T. 5). A proposal to State Department of implement ABS Route 9E 1:1ith grant monies Fish and· Gam_e an.d the and Ha-:cbors} Beaches and Parks District City of Ne,;.,yport 322 ell funds is pYesent2d. It is reco1nra2nded are requested to r2por:: C·n~•L-o c~0 ~0 t,0 ~•t ~o-L· ~ ha~-~-ry ~o RC,-to ~h 0 ~'_n0r Bae!( Ba•_.,• _.c<-ct ,c.i.L,_.;:: ~ e ,..,1c -1_, ct -Lco,l....Lt!b ~ ~ ... ..., .v_.c::.., ,._ satisfy the requirern2nts of Section 5955 Drive shoa1d be cJ.oseL:c _c • T~-] • l' -. . r-. ~ t .,_ J.--."1 .,_.__,,,...,.c:·.:..;,..... 01._ the ,:taroors ana ,a-v1.gc-J:.tJ_on 1.~oae. ~o auLomou1-.... 2 L.L.a.L~--,.___. R.ECOlvJJ>ffi:l'J:::i.LD ACTION: Set date for b.(;:;arinc-rThe EJ1A is directed tc, after May 26y 1976, and authorize the develop alternatives. l),·\--: r 00 ct-·o\~-o->-'/'.,'f,/,:\ t--o ;:,····1-.-:i•"1:)·'.::, .(:'or 0 ppro.,..._ ...... -j -.l__,.__ ~ .L. .L J....!.ck:i '-,..,,L_a1.o,__ -L· -u -p.L-1... ace hearing notices. 34. I·ROPOSED HEARING -FINANCIAL ASSISTANCE FOR THE SAN GABRIEL RIVER BIKE TRAIL (DIST. 2). The City of Seal Beach requ1~s ts a.uthori ty to .utilize :-inexper~ded Coun t:,rwide: Cooperative Bikewey Financing Program funds on the San G~btic1·-Rivcr~Eikeway. RECQl,'J."lEl\-DED ACTION: Set a date. for--hcari g no socner thdn Hay 26, 1976 ar1d authOrizc the. Director, El'1l-A to a.rranr;2 for hearing nuti.cc~s. !(Conser1t Cal0r1dar Matteis contir111ed) I . CG?ES SHH TU: G ,_;.'.'.ye-, l?:t. L;:·1;:~:-~;"2r LJ A~~:)~;<2j [g" P \'J 'Ji .. 2:·;-::;r r-·\ Cr-,;",;:,:;; L"':';r:;:::or NOTICE OF PUBLIC HEARING· On June 2, 1976, the Orange County Board of Supervisors will hold a public hearing in accordance with Section 5955 of the California Harbors and Navigation Code to determine if the following project should be lli,dertaken by the Orange County Harbors~ Beaches and Parks District: • Development of Arterial Bikeway System Route 9E, a 8 foot wide, 2.3 mile long trail located along Backbay Drive in the Newport Beach area as show on the attached map. The hearing will be held at the following place and time; Date - Time - Location June 2, 1976 9:30 a.m. County Administration Building 515 North Sycamore Street~ Room 605. Santa Ana, California Persons interested in the proposed project may speak at the hearing. For further information, contact Mr. Larry M. Leaman, Manager of Public Facilities, Telephone 714-834-3808. LCS:ln fzf O~ic(;rU; t.-J ,y-F( ~ I I I j 36 STATE OF CALIFORNIA-RESOURCES AGENCY DEPARTMENT OF FISH AND GAME 350 Golden Shore Long Beach, California 90802 (213) 590-5113 l!f_ay 5, 1976 Honorable Ralph A. Diedrich Chairman, Orange County Board of Supervisors Post Office Box 687 Santa Ana, California 92702 Dear Mr, Diedrich: EDMUND G. BROWN JR., Governor Scott Ferguson informed us this week that the Board of Supervisors would consider the question of repairing Back Bay Drive next week. It is understood the funds for this project would be derived from the 1975-76 arterial bikeway budget of the Harbors, Beaches and Parks District. The Department of Fish and Game in a ¥,arch 23 letter to Mr. Joseph T. Devlin, Newport Beach Director of Public Works, said the Department had no objection to the proposal to improve biking access opportunities along the way providing (1) paving does not extend bayward of the existing alignment of pavement, (2) bayward berm is left undisturbed where vegetation has stabilized berm material, and (3) drainage structures be constructed as needed with minimum impact upon bayward berm and slope. A copy of correspondence on the subject was sent to members of the Upper Newport Bay Public Policy Committee for comment. At a meeting April 29 in Newport Beach the Public Policy Committee noted the pro- ject was limited to a 16-foot width. Members of the Committee questioned whether this would be wide enough to accommodate with safety automobiles and hikers as well as bicycle riders. It was suggested the Department send a letter to the Board of Supervisors expressing the Committee's concern with problems of a 16-foot- wide road and suggesting a 20-foot width m:i..ght be ·more practi·cal a!ld c.oi!l.c.ide ~Tith the present paved width of the road. During the meeting Mr. Don Webb, Cooperative Projects Engineer for the City of c Newport Beach, said there had been some discussion between County and City on a 20-foot-wide project. If money is available and the conditions stated above are satisfied, the Depart- ment of Fish and Game would agree the 20-foot width is more practical. Sincerely; · -~[';~~ Robert D. Montgomery Regional Manager· Region 5 ROLL CALL Ayes Motion Ayes COUNCILMEN X X X X CITY OF NEWPORT BEACH MINUTES A ril 12 1976 vote on this item. There is neither 'comparison nor competition between the Harbor Day School and the Carden School. While the Carden School is a pro- prietary school, Harbor Day is a non-profit institu- tion. Thus there is neither an economic interest nor a business entity in which I am involved. -"The issue, in its proper perspective. is whether or not the HCDCA Connnittee is prepared to reconnnend impl.ementation of a senior citizen service center at this time on the site at 5th and Marguerite, and whether there is compliance with both the letter and spirit of the terms of the HCDA grant by means of which funding for purchase of the 5th and Marguerite site has been purchased for a stated use as a senior citizen center. "I, therefore, decline to disqualify myself from voting. "I would also like to request in accordance with this statement that pending the adoption of a Conflict of Interest Code that there be further clarification and definition by the City Attorney's office for the benefit of both the Council and the connnunity in order to avoid similar confusion in the future." A vote was taken on Councilman Ryckoff's motion, and Resolution No. 8735 was adopted. INDEX 2. A letter to the City Manager from Pacific Telephone I Water and Telegraph Company requesting water service outside 3. the City at 4302 Ford Road, and stating that their problems with the landscape sprinkler system at this address have been solved,was presented with the original request letter dated February 18, 1976. Resolution No. 8736, authorizing the execution of a contract to serve water outside City to The Pacific Telephone and Telegraph Company, was adopted. A report was presented from the Public Works Director regarding proposed resurfacing on Back Bay Drive for bike trail purposes. Ray Williams, President of Friends of Newport Bay, addressed the Council and suggested the resurfacing width of Back Bay Drive be 18 to 20 feet. A permit to the Orange County Environmental Management Agency was approved authorizing the placement of asphaltic concrete resurfacing on Back Bay Drive for bike trail purposes, subject to the following condi- tions reconnnended by the State Department of Fish and Game: Paving does not extend bayward of the existing alignment of pavement. Bayward berm is left undisturbed where vegetation has stabilized berm material. Drainage structures be constructed as needed with minimum impact upon bayward berm and slope. Volume 30 -Page 73 Bicycle·. Trails/: Back Bay D / ' ' \ / / ' \ i April 12. 1976 CITY COUNCIL AGENDA ITEM NO. F-3 TO: CITY COUNCIL FROM: Pub1ic Works Department SUBJECT: PROPOSED RESURFACING ON BACK BAY DRIVE APPROVED BY CITY COUNC~L RECOMMENDATION: DATE· APR 12 1976 . Approve a permit to the Orange County Environmenta1 Management Agency authorizing the placement of aspha1tic concrete resurfac- ing on Back Bay Drive for bike trail purposes; subject to the following conditions recommended by the State Department of Fish and Game: l. Paving does not extend bayward of the existing a1ignment of pavement. 2. Bayward berm is 1eft undisturbed where vegetation has stabilized berm material. 3. Drainage structures be constructed as needed with minimum impact upon bayward berm and slope. DISCUSSION: This matter was before the Counci1 previously on March 22, 1976 . It was continued to the meeting of April 12, 1976 in order to permit review with the Upper Newport Bay Eco1ogica1 Reserve Public Policy Committee and to further ascertain the position of the State Department of Fish and Game re- garding the proposal . Copies of the staff memo of March 22, 1976 and of the County EMA letter of March 4, 1976 are attached for reference. A copy of a letter dated March 15, 1976 from Mr. Ray Wi1liams expressing reservations about the project is a1so attached for reference. Subsequent to the March 22 Counci1 meeting, additional information has been obtained. A letter (copy attached) dated March 23, 1976 , from t he State Department of Fish and Game has been received outlining their position on the project. They indicate support of the proposa1 conditioned on the following requirements: l. Paving does not extend bayward of the existing alignment of pavement. 2. Bayward berm is left undisturbed where vegetation has stab- ilized berm material. 3. Drainage structures be constructed as needed with minimum impact upon bayward berm and s1ope. The County EMA has indicated that they feel the reduction in wid t h to 6 feet for the trail which was discussed wou1d be too narrow for a major 2-way trai1. Their proposal is simply to cover the existing aspha1tic s urf ace April 12, 1976 Subject: Proposed Resurfacing on Back Bay Drive Page 2 with a higher quality surface suitable for 2-way bike use. They have also indicated that there is interest in other areas of the County to use the available funds if the City does not wish to proceed with the work. With regard to the review by the Upper Newport Bay Ecological Reserve Public Policy Advisory Committee, the office of Mr. Robert Montgomery of the State Department of Fish and Game was contacted in order to set up a meeting. Unfortunately, Mr. Montgomery has been hospitalized for minor surgery. Because of this fact, and because of the limited amount of time available, it was felt to be impractical to call a meeting of the Advisory Committee. However the Department of Fish and Game has notified the members of the Committee of the proposal by letter; with a request for comments, if any. No comments had been received as of April 2, 1976. It is felt that the proposal still represents an opportunity for a significant improvement to the arterial bikeway system, at no cost to the City. The importance of an immediate decision as to whether or not to authorize the work is again stressed, as the funds will otherwise be lost. ;~('\ n '1--,.r,.--r, • • . l '--~~ oseph vlin ublic Director BN:hh Att. STATE OF CALIFORNIA-RESOURCES AGENCY DEPARTMENT OF FISH AND GAME 350 Golden Shore Long Beach, California 90802 (213) 590-5114 Mr. Joseph T. Devlin Director of Public Works City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Dear Mr. Devlin: EDMUND G. BROWN JR., Governor March 23, 1976 This letter is in response to Orange County's proposed arterial bikeway on Back Bay Drive (Ref: J. W. Willialll3, Division Manager's March 4, 1976. letter to you). We have no objection to the proposal in that it will provide improved biking access opportunities along the bay. Our support of the proposal is conditioned on: l. Paving does not extend bayward of the existing alighnment of pavement. 2. Bayward berm is left undisturbed where vegetation has stabilized berm material. 3. Drainage structures be constructed as needed with minimlllll impact upon bay- ward berm and slope. The proposed route from San Joaquin Hills Road northerly to the old salt pond dikes, is in the most sensitive zone. '11lat area from the junction of East Bluff Drive and Back Bay Road southerly along the old salt ponds, is less sensitive and variations in the conditions could be attained. Sincerely, ~ r--, ~;,,..,. +11. Robert D. Montgomery Regional Manager Region 5 cc: lir. J. w. Williams, Division Manager, County of Orange Environmental Services, Region 5 R. Hein J. Spri.iill FRIENDS OF NEWPORT BAY BOX 4088. IRVINE STATION NEWPORT BEACH. CALIFORNIA 92664 Mayor Don Mclnnis and Members Newport Beach City Council 3300 Newport Blvd. Newport Beach, CA 92660 Dear Fri ends: March 15, 1976 I have become aware of the County's proposal to pave a portion of Back Bay Drive using funds from the arterial bikeway budget. The proposal suggests a sixteen foot width which would seem unnecessarily wide for a bikeway and too narrow for two-way auto traffic. The Carpenter bill in Sacramento to spend $1.1 million to improve the Ecological Reserve involves a pilot dredging operation next to Back Bay Drive. This operation will be likely to tear up the nearby section of roadway thus wasting the tax money used in the proposed paving. I also expect that should the leak in the north bluff area be found that corrective work may involve the road itself. I would-suggest that the County's offer be turned over to the appropriate Department of Fish and Game citizen advisory committee for input since a coordinated effort would seem appropriate. It is my understanding that County funds of the nature proposed can be committed but expended later and thus not be lost. We should do the job at the right time. Sincerely, R~liams President March 22, 1976 CITY COUNCIL AGENDA ITEM NO. G-6 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: PROPOSED BIKE TRAIL SURFACING. ON BACK BAY DRIVE RECOMMENDATION: Approve a permit to the Orange County Environmental Management Agency authorizing the placement of asphaltic concrete resurfacing on Back Bay Drive for bike trail purposes. DISCUSS ION: Attached is a copy of a letter dated March 4, 1976 from the Orange County Environmental Management Agency regarding a project for asphalt con- crete surfacing on Back Bay Drive for bicycle trail purposes. It is proposed to repair the street with a levelling course of asphaltic concrete that will provide a surface suitable for bicycle use. The width would be approximately sixteen to twenty-two feet, depending on availability of funds and City approval. The proposed widths are less than or equivalent to the present paved width. The project is considered to be maintenance work because it is an improvement to an existing paved surface. It is recognized that existing automobile traffic will tend to utilize the newly resurfaced area, thus the need for a width which exceeds normal bicycle trail dimensions. Because the street is presently usable by automobile traffic, it is felt the resurfacing would not result in a signifi- cant increase in such use. The benefits to bicycle users should outweigh the effects of any possible increases in automobile traffic. This bike trail will be a link in the main arterial trail system around the Upper Bay and its connection to the UCI area along San Diego Creek. Sketches are attached for reference showing the area of the proposed work and a typical cross section. Because of the limited width of the exist- ing fill and right of way, and the presence of the drainage ditches, it is not practical to provide a bike trail which is separated from the roadway. This proposal has been reviewed with representatives of the State Department of Fish and Game, and with Mr, Ray Williams of the Friends of Newport Bay. To date no objections have been expressed by the Department of Fish and Game. Mr. Williams has expressed some reservations in a letter addressed to the Council. The Citizen Advisory Bikeway Committee has also reviewed this proposal, They approved the resurfacing with the recommendation that the feasibility of converting Back Bay Drive into a one way street be studied and if possible implemented, March 22, Subject: Page 2 1976 Proposed Bike Trail Surfacing on Back Bay Drive If approved, the County plans to perform the work by means of a standard public works contract. Because of the lead time needed to obtain Board of Supervisor's approval and process a contract, the decision as to whether or not to authorize the work should be made quickly. The funds will be permanently lost if the work is not performed this fiscal year. B N:hh Att. ) vlin Di rector Nor ' APPROVED BY CITY COUNCIL DATE ,i' ~tz • '" E"t:.0. Res Pwi,. R:,/. Con-, ~ @ @C>~:TVOF (i"1 (oJOR.ANGE H. G. OSBORNE DIRECTOR C.R. NELSON ASSISTANT DIRECTOR DEVELOPMENT Mr. Joseph T. Devlin Director of Public Works City of Newport Beach 3300 Newport Boulevard ENVIRONMENTAL MANAGEMENT AGENCY DEVELOPMENT DIVISION 400 CIV1C CENTER DRIVE WEST SANTA ANA, CA. MAR 4 1976 Newport Be.ach, California 92660 Dear Sir: TELEPHONE: 834-2300 A REA CODE 714 MAILING ADDRESS P.O. eox !078 SANTA Al-IA, CA. 92702 me TAB-9E-D-9 The 1975-76 arterial bikeway budget of the harbors, beaches & Parks district in- cludes funds for repairing Back Bay Drive from San Joaquin Hills Road to East Bluff Drive. This maintenance type project includes certain S.B. 821 funds which may be lost if not used this fiscal year. The estimated cost of the project is $50,000, if the paving averages two inches thick and is 16 feet wide. Of course, a proportional additional amount would be required with increased width. This is to request pennission for this agency to repair the street with a levelling course of asphalt concrete that will provide a suitable surface for bicycle use~ As a maintenance project., requiring no permits or approvals other than the city's, it is believed the work can be completed before the end of the fiscal year. This would avoid thE-.:: probability of the loss of funds and an indefinite delay in re- funding. If your staff has any questions regarding this matter, they should be directed to John Huntsman of this agency (phone 834-2317). Your prompt consideration and response will be appreciated. Very truly yours, //-;:::)'J,-0,~_:_, • J. w. JWH:jb • ccs: Rob' t. Montgomery, Regional Manage , s;,i.te of 350 Golden Shore, Long Beach, CA 908D"Z Development Reading File (2) Director's Reading File -.~----:/ . t ·-:~., .. , .. \ .... ,, r EXISTING ~-_ r1_ /~ BIKEWAYS > i l/ /' IN "'\ \\;i \ '\ I ·., · .. , I '•,"1:¼ :.. ♦,.y.,, ' ~---, ~~ ♦,,. 1/-" .. :.; ,, ', (§ 1•1fttr I. .--:----_, . ,.,. ,.., ~.i, ·~~ .,.~ X '•1-,.,_~ '\_, ~ NEWPORT BEACH f;.,, •• .,._~. \ PROPos_E_ D RESo_ gfAClt-JbJ ,;· -\_.:_"" OF B t..C\::'. BA'{ Del VE ~'"'=1 ·X ~'\'\-·,' ....... ~ ~· ,., '\ '-_ \ ); / \ -~ 1§ ,j J ;'-,\. ij l ,i I - I~ t1 1 AND VICINITY Bike Trails - BikeLa11es •.•.•.•. 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""''" :,.;u,'\o--'-m;:--,,.,_· -~ ···_ · :~ --~~~~--::--·1'·,,. _:. / ~, ., -'~_,.,_§.t:·:,.t t:'' •• :· ·:i-·~ ,•.,, •' ,.._ -Cl' ;i,;·'. .,.._~ ( f f / l J• ;,:-, --e.:.:~-~- ,;. _-<-'.X; -, .?:i.: ; \J!_!JJi_f9rff}' ® - TYP/C'AL. OA=t:>$8 SEC770N Sc,,n c./0tt,pv/h M1//a A=bd,o' l'b A/np SF4h0/7 r/./ ;Y/1/t!l'a./ No SCcPM A:S'l?:}c't?' TYP/t:7AL. OROSS SECT/ON P~~ S1'4hon .lb Et!!!1al',6/v,rr L}.r/~ 1/.~ N/1/d"s) No SCcP/e- CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT A<'O~EP SACK BAY PR/PE /MPRO//E~E/VTS APPROVED PUBLIC WORKS Dl RECTOR R.E. ND. DRAWING NO. E ,KN/8/T April 12, 1976 CITY COUNCIL AGENDA ITEM NO. F-3 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: PROPOSED RESURFACING ON BACK BAY DRIVE RECOMMENDATION: Approve a permit to the Orange County Environmental Management Agency authorizing the placement of asphaltic concrete resurfac- ing on Back Bay Drive for bike trail purposes; subject to the following conditions recommended by the State Department of Fish and Game: 1. Paving does not extend bayward of the existing alignment of pavement. 2. Bayward berm is left undisturbed where vegetation has stabilized berm material. 3. Drainage structures be constructed as needed with minimum impact upon bayward berm and slope. DISCUSSION: This matter was before the Council previously on March 22, 1976. It was continued to the meeting of April 12, 1976 in order to permit review with the Upper Newport Bay Ecol ogi cal Reserve Public Policy Cammi ttee and to further ascertain the position of the State Department of Fish and Game re- garding the proposal. Copies of the staff memo of March 22, 1976 and of the County EMA letter of March 4, 1976 are attached for reference. A copy of a letter dated March 15, 1976 from Mr. Ray Williams expressing reservations about the project is also attached for reference. Subsequent to the March 22 Council meeting, additional information has been obtained. A letter (copy attached) dated March 23, 1976, from the State Department of Fish and Game has been received outlining their position on the project. They indicate support of the proposal conditioned on the following requirements: l. Paving does not extend bayward of the existing alignment of pavement. 2. Bayward berm is left undisturbed where vegetation has stab- ilized berm material. 3. Drainage structures be constructed as needed with minimum impact upon bayward berm and slope. The County EMA has indicated that they feel the reduction in width to 6 feet for the trail which was discussed would be too narrow for a major 2-way trail. Their proposal is simply to cover the existing asphaltic surface April 12, 1976 Subject: Proposed Resurfacing on Back Bay Drive Page 2 with a higher quality surface suitable for 2-way bike use. They have also indicated that there is interest in other areas of the County to use the available funds if the City does not wish to proceed with the work. With regard to the review by the Upper Newport Bay Ecological Reserve Public Policy Advisory Committee, the office of Mr. Robert Montgomery of the State Department of Fish and Game was contacted in order to set up a meeting. Unfortunately, Mr. Montgomery has been hospitalized for minor surgery. Because of this fact, and because of the limited amount of time available, it was felt to be impractical to call a meeting of the Advisory Committee. However the Department of Fish and Game has notified the members of the Committee of the proposal by letter; with a request for comments, if any. No comments had been received as of April 2, 1976. It is felt that the proposal still represents an opportunity for a significant improvement to the arterial bikeway system, at no cost to the City. The importance of an irrmediate decision as to whether or not to authorize the work is again stressed, as the funds will otherwise be lost. \X',;QJ--.;,~··~ l ~~ oseph f. Devlin ublic Ill() s Director BN:hh Att. STATE OF CALIFORNIA-RESOURCES AGENCY "-.- DEPARTMENT OF FISH AND GAME 350 Golden Shore Long Beach, California 90802 (213) 590-5114 Mr. Joseph T. Devlin Director of Public Works City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Dear Mr. Devlin: EDMUND G. BROWN JR.8 Governor March 23, 1976 This letter is in response to Orange County's proposed arterial bikeway on Back Bay Drive (Ref: J. W. Williams, Division Manager's March 4, 1976 letter to you). We have no objection to the proposal in that it will provide improved biking access opportunities along the bay. Our support of the proposal is conditioned on: 1. Paving does not extend bayward of the existing alighnment of pave111ent. 2. Bayward berm is left undisturbed where vegetation has stabilized berm material. 3. Drainage structures be constructed as needed with minimU111 impact upon bay- ward berm and slope. The proposed route from San Joaquin Hills Road northerly to the old salt pond dikes, is in the most sensitive zone. That area from the junction of East Bluff Drive and Back Bay Road southerly along the old salt ponds, is less sensitive and variations in the conditions could be attained. Sincerely, ~ F_ ~;.,..., ~1 P.ober~ D. Montgomery Regional Manager Region 5 cc: Hr. J. W. Williams, Division Manager, County of Orange Environmental Services, Region 5 R. Hein J. Spruill FRIENDS OF NEWPORT BAY BOX 4088. IRVINE STATION NEWPORT BEACH. CALIFORNIA 92664 Mayor Don Mcinnis and Members Newport Beach City Council 3300 Newport Blvd. Newport Beach, CA 92660 Dear Friends: March 15, 1976 I have become aware of the County's proposal to pave a portion of Back Bay Drive using funds from the arterial bikeway budget. The proposal suggests a sixteen foot width which would seem unnecessarily wide for a bikeway and too narrow for two-way auto traffic. The Carpenter bill in Sacramento to spend $1.1 million to improve the Ecological Reserve involves a pilot dredging operation next to Back Bay Drive. This operation will be likely to tear up the nearby section of roadway thus wasting the tax money used in the proposed paving. I also expect that should the leak in the north bluff area be found that corrective work may involve the road itself. I would-suggest that the County's offer be turned over to the appropriate Department of Fish and Game citizen advisory committee for input since a coordinated effort would seem appropriate. It is my understanding that County funds of the nature proposed can be committed but expended later and thus not be lost. We should do the job at the right time. Sincerely, R~liams President March 22, 1976 CITY COUNCIL AGENDA ITEM NO. G-6 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: PROPOSED BIKE TRAIL SURFACING ON BACK BAY DRIVE RECOMMENDATION: Approve a permit to the Orange County Environmental Management Agency authorizing the placement of asphaltic concrete resurfacing on Back Bay Drive for bike trail purposes. DISCUSS ION: Attached is a copy of a letter dated March 4, 1976 from the Orange County Environmental Management Agency regarding a project for asphalt con- crete surfacing on Back Bay Drive for bicycle trai 1 purposes. It is proposed to repair the street with a levelling course of asphaltic concrete that will provide a surface suitable for bicycle use. The width would be approximately sixteen to twenty-two feet, depending on availability of funds and City approval. The proposed widths are less than or equivalent to the present paved width. The project is considered to be maintenance work because it is an improvement to an existing paved surface. It is recognized that existing automobile traffic will tend to utilize the newly resurfaced area, thus the need for a width which exceeds nonnal bicycle trail dimensions. Because the street is presently usable by automobile traffic, it is felt the resurfacing would not result in a signifi- cant increase in such use. The benefits to bicycle users should outweigh the effects of any possible increases in automobile traffic. This bike trail will be a link in the main arterial trail system around the Upper Bay and its connection to the UC! area along San Diego Creek. Sketches are attached for reference showing the area of the proposed work and a typical cross section. Because of the limited width of the exist- ing fill and right of way, and the presence of the drainage ditches, it is not practical to provide a bike trail which is separated from the roadway. This proposal has been reviewed with representatives of the State Department of Fish and Game, and with Mr. Ray Williams of the Friends of Newport Bay. To date no objections have been expressed by the Department of Fish and Game. Mr. Williams has expressed some reservations in a letter addressed to the Council. The Citizen Advisory Bikeway Committee has also reviewed this proposal. They approved the resurfacing with the recommendation that the feasibility of converting Back Bay Drive into a one way street be studied and if possible implemented. March 22, Subject: Page 2 1976 Proposed Bike Trail Surfacing on Back Bay Drive If approved, the County plans to perform the work by means of a standard public works contract. Because of the lead time needed to obtain Board of Supervisor's approval and process a contract, the decision as to whether or not to authorize the work should be made quickly. The funds will be permanently lost if the work is not performed this fiscal year. B N:hh Att. \ vlin Di rector Nor I APPROVED BY CITY COUNCIL E"t:-0. Res Pwi,. ~I-Con,,~ ® ~OUNTVOF ®~~ (i) (5JOF,lANGE H. G. OSBORNE OIRE:CTO!s C.R. NELSON ASSISTANT DIRECTOR DEVELOPMENT Mr. Joseph T. Devlin Director of Public Works City of Newport Beach 3300 Newport Boulevard ENVIRONMENTAL MANAGEMENT AGENCY DEVELOPMENT DIVISION 400 CIVIC CENTER DRIVE WEST SANTA ANA, CA. MAR 4 1976 Newport Beach, California 92660 Dear Sir: TELEPHONE, 834-2300 AREA CODE 714 MAILING ADDRESS P.O. 80X 1078 SANTA ANA, CA. 92702 m, TAB-9E-D-9 The 1975-76 arterial bikeway budget of the harbors, beaches & Parks district in- cludes funds for repairing Back Bay Drive from San Joaquin Hills Road to East Bluff Drive. This maintenance type project includes certain S.B. 821 funds which may be lost if not used this fiscal year. The estimated cost of the project is $50,000, if the paving averages two inches thick and is 16 feet wide. Of course, a proportional additional amount would be required with increased width. This is to request pennission for this agency to repair the street with a levelling course of asphalt concrete that will provide a suitable surface for bicycle use. As a maintenance project_, requiring no permits or approvals other than the city's, it is believed the work can be completed before the end of the fiscal year. This would avoid the probability of the loss of funds and an indefinite delay in re- funding. If your staff has any questions regarding this matter, they should be directed to John Huntsman of this agency (phone 834-2317). Your prompt consideration and response will be appreciated~ Very truly yours, ,--/~~-'.___ /<;':__\~~ (, • J._W. 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