HomeMy WebLinkAboutC-2181(E) - Professional Engineering Services for Jasmine Creek Storm Drain, Phase I & IIreement No. D81 -005
A G R E E M E N T
THIS AGREEMENT, for purposes of identification, hereby dated the
day of , 1981, is
BY AND BETWEEN
and
THE ORANGE COUNTY FLOOD CONTROL DISTRICT,
hereinafter referred to as "DISTRICT ".
THE CITY OF NEWPORT BEACH, a municipal
corporation, hereinafter referred to as "CITY ".
W I T N E S S E T H
WHEREAS, CITY desires to construct a covered conduit for Bayside Storm Drain,
Facility No. GOOP07, adjacent to Bayside Street from 165 feet westerly of Goldenrod
Avenue easterly to Iris Avenue, thence northerly through Pacific Coast Highway,
hereinafter referred to as "PROJECT "; and
WHEREAS, PROJECT is an extension of an existing DISTRICT facility; and
WHEREAS, funds in the amount of two hundred and fifty thousand dollars
($250,000) for construction of PROJECT were included in DISTRICT's budget for fiscal
year 1980/81, approved by DISTRICT Board of Supervisors, and
and;
WHEREAS, CITY desires to be the lead agency for construction of PROJECT;
WHE?,EAS, CITY and DISTRICT wish to specify their respective responsibilities
for construction of PROJECT.
TiiEREFORE, IT IS AGREED by and between the parties hereto as follows:
A. CITY SHALL:
I . Be and hereby designated "Lead Agenc}' for compliance with California
Evnironmental Quality Act (CEQA) of 1970 as amended.
2. Prepare contract plans and specifications for PROJECT based on
criteria set forth in the Design Manual of the Orange County Flood Control District
referred to as E2-4. Plans and specifications including traffic control and dei.oars
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and any street improvements necessary to install PROJECT shall be referred to
DISTRICT for approval.
3. Arrange for any modifications, relocations or reconstruction of
utilities necessary for PROJECT construction.
4. Be responsible for obtaining necessary rights -of -way and permits
for PROJECT construction.
5. Upon approval of the plans and specifications for PROJECT by
DISTRICT promptly undertake and perform all the work of advertising for bids and
awarding the contract under applicable provisions of the law governing such award.
6. Provide DISTRICT, after receipt of bids, a summary of said bids
on PROJECT for approval prior to CITY award of contract. CITY shall not award said
contract until and unless DISTRICT. submits its approval to CITY.
7. Promptly notify DISTRICT upon award of a contract for construction
of PROJECT and shall furnish DISTRICT with a construction schedule and shall keep
DISTRICT informed of any revisions in said schedule.
8. Furnish an Inspector /Resident Engineer during construction who
shall be responsible for contract administration and securing completion of the work
in accordance with the approved plans and specifications. DISTRICT may assign an
inspector to assist CITY's Inspector /Resident Engineer. In the event of disagreement
between CITY's Inspector and DISTRICT's Inspector regarding conformance of PROJECT
with the plans and specifications, the decision of CITY's Inspector shall be final.
DIST_RICT's Ins ector shall be present at the final inspection.
9. Assume responsibility for all costs of PROJECT, including engineering,
construction, surveys and inspection above the amount of $250,000 which has been
allocated for cost of PROJECT in FY 1980/81 DISTRICT budget.
10. Obtain DISTRICT approval, in criting, of any change order on
PROJECT prior to authorizing the work.
11. Upon completion of construction, request in writing approval of
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completed PROJECT from Director, EMA or his designee, which approval and acceptance
shall be predicated upon the final report of DISTRICT's inspector.
12. After filing of Notice of Completion, accept for operation and
maintenance responsibility the entire main conduit portion of the drainage system
and all connector pipes and local drainage inlets.
B. DISTRICT SHALL:
1. Be and hereby is designated a "Responsible Agency" for PROJECT for
compliance with the California Environmental Quality Act of 1970 as amended.
2. Review and approve, prior to advertisement for bids, PROJECT plans,
specifications and estimate. Said approval to be evidenced by signature, on PROJECT
plans, of the Assistant Director, Development, EMA.
3. Upon request of CITY and prior to award of a contract for PROJECT
construction, deposit with CITY the amount of $250,000 which amount has been
allocated for cost of PROJECT, in FY 1980/81 DISTRICT budget.
C. FINAL PAYMENT:
Upon completion of the PROJECT, CITY shall submit a final report for
PROJECT and a certification signed by the Director of Finance and Director of Public
Works that all expenditures related to PROJECT have been made and that all doct'rnents,
certificates and itemized bills are on file with CITY and that copies will be made
available to DISTRICT upon request.
If the final report, as approved by the parties hereto, indicates that the
final cost to DISTRICT is less than DISTRICT's deposit, CITY shall promptly reimburse
DISTRICT for the difference between the deposit and final cost.
D. If PROJECT is found to be unacceptable environmentally pursuant to Section
21151 of the Public Resources Code or not in conformance with the applicable general
plans by the appropriate planning, authorities pursuant to Section 65402 of the Govern-
ment Code, the obligations of CITY and DISTRICT under this Agreement may be terminated
by either party- by a thirty (30) calendar days written notice to the other party.
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E. If a contract for construction of PROJECT has not been awarded by June
30, 1982, the obligations of CITY and DISTRICT Linder this Agreement shall be termi-
nated and any funds deposited to CITY by DISTRICT shall be promptly returned to
DISTRICT.
F. IT IS MUTUALLY UNDERSTOOD AND AGREED that neither DISTRICT nor any
officer or employee thereof shall be responsible for any damage or liability occurring
by reason of anything done or omitted to be done by CITY under or in connection with
any work, authority or jurisdiction delegated to CITY under this Agreement. It is
also understood and agreed that, pursuant to Government Code Section 895.4, CITY
shall fully indemnify and hold DISTRICT harmless from any liability imposed for
injury (as defined by Government Code Section 81.0.8), occurring by reason of anything
done or omitted to be done by CITY under or in connection with any work, authority
or jurisdiction delegated to CITY under this Agreement.
G. IT IS MUTUALLY UNDERSTOOD AND AGREED that neither CITY nor any officer
or employee thereof shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by DISTRICT under or in connection
with any work, authority or jurisdicition not delegated to CITY under this Agreement.
It is also understood and agreed, that pursuant to Government Code Section 895.4,
DISTRICT shall fully indemnify and hold CITY harmless from any liability imposed
for injury (as defined by Government Code Section 810.8), occurring by reason of
anything done or omitted to be done by DISTRICT under or in connection with anv
work, authority or jurisdiction not delegated to CITY under this Agreement.
III
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
dates set forth opposite their respective signatures.
DATED: '}�?�c /L �7'C 1981
ATTEST:
r
City Clerk
Dated: , 1981
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUME171 HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
JUNE ALERA2;DER
Clerk of the board of Supervisors
of Orange County, California
APPROVED AS TO FORMM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
«,
DW :lc225(21)
CITY OF NEWPORT BEACH
A Municipal Corporation
sFdr, ' - • /
APPROVED AS TO FORM:
5�L 3iilf5l
'Cit'j Vttorney
ORANGE COUNTY FLOOD CONTROL DISTRICT
B
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Chairman, Board of Supervisors
0
THE NEWPORT ENSIGN
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange,
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above - entitled
matter. I am the principal clerk of the printer of the
Newport Harbor Ensign newspaper of general circula-
tion, printed and published weekly in the city of
Newport Beach, County of Orange, and which news-
paper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Or-
ange, State of California, under the date of May 14,
1951, CASE NUMBER A -20178 that the notice, of
which the annexed is a printed copy (set in type not
smaller than nonpareil) has been published in each
regular and entire issue of said newspaper and not in
any supplement thereof on the following dates to -wit:
Mar. 25, 1981
I certify (or declare) under penalty of perjury that the
for s true and correct. Dated at Newport
B ache Cali ,Niue thi25
Signature
THE NEWPORT ENSIGN
2721 E. Coast Hwy., Corona del Mar, California 92625.
This spac for the County Clerk's Filing Stamp
A
Notice
Proof of Publication of
Jasmine Creek Storm Drain Phase I
PROOF OF PUBLICATION
PDBIU NOTICE
NOTICE DNITDIO ME
9aalad Ida may be racal W N tba
office of the City CLh, 33DD Naarpad
Blvd., Nawpert Baaoh, G 93663 mtll
ll o.m. w the 16th day of APr6, 1961
at vrhioh uma and PI+w ouch bfda ahaB
ba o,,aab and road for:
J ASMINI CAEER STOW DRAM,
Plum
coatract No. 3181
Eapivaai a IaBaaeb adthout Addt6or01
Bld Itama: 9160.0()0
En9maai a E,dmatavdth AddmoaalBld
Item: 9510,1100
Approved by tha City. CoonnB BJa
33rd day of March, 1961. Wanda
AadaaaaP, City Clerk.
Pro,paoyva bidden may obtain ow
aut of hid dcoumaata at no cad at that
oWca of Nh PubEo Wmla 300 Dat a� k,
3 Nanpart Blvd., Na la
CA 93683. For further ipformatl ®, call
uoyd Dalton, Pro* aaywaar, at
610.1261.
'go' ha Tha
t Pohl '.. March M,
J� 7- 409SNG -0
MARCH413, 1981
CITY COUNCIL AGENDA
ITEM NO.
8,,yy the OUNCIL
TOCI]YIa.. T eEACH
e
TM: Public Works Dep ' artment,
I.
SUBJECT: JASMINE CREEK STORM DRAIN, PHASE I (C- 2181)
RECOMMENDATIONS:
Adopt a resolution approving the cooperative financing agree-
ment between the City and Orange County Environmental Manage-
ment Agency, and authorizing the Mayor and the City Clerk to
execute the agreement
2. Accept the Negative Declaration of environmental impact.
Approve the plans and specifications.
Authorize the City Clerk to advertise for bids to be opened
at 11:00 A.M., April 15, 1981.
DISCUSSION:
On May 27, 1980, the City Council instructed staff to proceed with
preparation of contract documents for the construction of Jasmine Creek Storm
Drain, Phase I (see attached sketch).
Phase I joins the Bayside Drive storm drain east of Fernleaf Avenue,
extends eastward 750 feet through Bayside Drive Park, then northward 650 feet
in Iris Avenue to the south right -of -way line of Pacific Coast Highway. The
Engineer's estimate for this work is $450,000 (proposed Bid Items Nos. l
through 17).
The contract documents for Phase I also include Additional Bid Items
Nos. 18 through 24 for 225 feet of storm drain construction required within
Pacific Coast Highway right -of -way. The Engineer's estimate for this additional
portion of work is $120,000.
The budgeted amount for Phase I is $500,000 (Acct. No. 02- 3497 -173),
of which $250,000 will be provided by the Orange County Enviornmental Manage-
ment Agency. Since the estimate for construction of Phase I plus Additional
Bid Items is $570,000 ($70,000 over the budgeted amount), staff has prepared
the contract documents so that contract award may or may not include the Addi-
tional Bid Items for work within Pacific Coast Highway. If not included, the
Additional Bid Item work may be bid with Phase II of storm drain construction
(north of Pacific Coast Highway) proposed for fiscal year 1981 -82.
Plans, special provisions and estimate for this project and for Phase
II have been prepared by Alderman, Swift and Lewis, Consulting Engineers.
Construction of both phases will permit the abandonment of the existing storm
drain conduit, which is deficient in capacity, accessibility, and strength.
a► ,
0 0
March 23, 1981
Subject: Jasmine Creek Storm Drain, Phase I (C -2181)
Page 2
The Contractor will be required to restore the park -type improvements in the
portion of the Bayside Drive right -of -way traversed by the new storm drain.
A Negative Declaration has been prepared and approved by the Environ-
mental Affairs Committee; and a Notice of Determination filed with the County
Clerk. A copy of the Negative Declaration is attached for reference. The
initial study, including the enviornmental checklist form, is available for
inspection at the Public Works Department.
Staff has (1) applied for a Coastal Development Permit from the
California Coastal Commission, (2) obtained an Encroachment Permit from the
State of California, and (3) obtained project clearance from the California
Regional Water Quality Control Board.
Construction will begin in April and should be completed during
August of this year.
a " J, a
Benjamin B. Nolan ,
Public Works Director
LD:jd
Att.
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PREPARED BY, CITY OF NEWPORT BEACH . LOCATION OF,
PLATE
ALDERMAN,SWIFT & LEWIS JASMINE CREEK STORM OR IN EXISTING 8 PROPOSED
CONSULTING ENGINEER$ PI -loge I c 31 STORM DRAINS . 2
d,ND INLET
JASMINE
•
CREEK STORM DRAIN, PHASE I
C -2181
NEGATIVE DECLARATION
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROJECT LOCATION: The project origin is at a join to the existing Bayside Drive Storm
Drain located in Bayside Drive Park between Fernleaf and Goldenrod Avenues. The pro-
posed storm drain extends from that origin eastward through Bayside Drive Park to Iris
Avenue, thence northward to its terminus approximately 50 feet north of Pacific Coast
Highway in Iris Avenue.
2. PROJECT DESCRIPTION: Approximately 1,490 linear feet of 60 "- to 54 "- diameter rein-
forced concrete pipe (RCP) is to be placed in trenches along the project location men-
tioned above. A junction structure will be built in Bayside Drive Park at Iris Avenue
to channel flow from the existing Bayside Drive Storn Drain into the proposed storm
drain. The bypassed portion of the Bayside Drive Storm Drain will be sealed and aban-
doned in place. A second junction structure, plus 40 linear feet of connector RCP,
will be built at Iris Avenue and Pacific Coast Highway to channel flow from the exist-
ing Jasmine Creek Storm Drain into the proposed storm drain. The bypassed portions
of the existing Jasmine Creek Storm Drain which lie under commercial and residential
property will be sealed and abandoned in place, if feasible. The final 140 linear
feet of 54" diameter RCP is to be jacked through Pacific Coast Highway at Iris Avenue.
The RCP will be fitted with a bulkhead at its terminus until the completion of the
future Jasmine Creek Storm Drain, Phase 2.
PROJECT GOALS: The project will provide (1) increased capacity for storm water run-
off, thereby eliminating recurrent flooding of certain commercial and residential
property in old Corona del Mar, (2) access from city streets to inspect, maintain and
repair the storm drain, in contrast with the existing storm drain, much of which was
constructed by developers on private property and cannot be inspected, maintained or
repaired by City forces, and (3) new storm drain conduit to bypass and replace deter-
iorated sections of the existing storm drain conduit.
4. EFFECT ON THE ENVIRONMENT: There will be no significant long -term irreversible or
irretrievable effects on the environment. There will be minimal, acceptable short -
term disturbances of the environment due to construction activity,
BASIS FOR idECATI'J_: This project is consistent with the General Plan of the City of
Newport Beach and could not have a significant effect on the environment.
INITIAL STUDY: The City of Newport
Negative Declarat'on and its Initial
Guidelines for I ^alementation of the
Copies of the lntia
ness hours.
Benjamin B. Nolan
Public Works Director
LRD:jd
_.1
may
Beach Public Works Department has prepared this
Study in accordance with Article 7, Chapter 3,
California Environmental Quality Act of 1970.
btai red from said deportment during normal busi-
�i(�) C - �q � 1 0 0
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING A COOPERATIVE
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND THE COUNTY OF ORANGE, ENVIRONMENTAL
MANAGEMENT AGENCY, AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE THE AGREEMENT
WHEREAS, in May, 1980, the City Council instructed the
City staff to proceed with preparation of contract documents for
the construction of Jasmine Creek Storm Drain, Phase 1; and
WHEREAS, Jasmine Creek Storm Drain, Phrase 1, runs
between Bayside Drive storm drain east of Fernleaf Avenue through
Bayside Drive park then northward on Iris Avenue to the south
right -of -way of Coast Highway; and
WHEREAS, the City proposes to enter into an agreement
with the County of Orange, Environmental Management Agency,
wherein the County of Orange will provide up to $250,000.00 for
the construction of Jasmine Creek Storm Drain, Phase 1; and
WHEREAS, it is in the best interests of the City to
enter into a cooperative financing agreement with the County of
Orange, Environmental Management Agency, providing for funding
for construction of Jasmine Creek Storm Drain, Phase 1;
0 0
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Cooperative Financing
Agreement between the City of Newport Beach and County of Orange
Environmental Management Agency, as above described, is approved,
and the Mayor and City Clerk are hereby authorized and directed
to execute the same on behalf of the City of Newport Beach.
ADOPTED this _ day of 1981.
Mayor
ATTEST:
City Clerk
031781
HRC /pr
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH SETTING A GALLERY FEE FOR
ITEMS DISPLAYED IN THE CITY HALL GALLERY AND
DESIGNATING PAYMENT TO THE FRIENDS OF THE ARTS
COMMISSION, INC.
WHEREAS, the Arts Commission of the City of Newport
Beach displays art work at the City Hall Gallery; and
WHEREAS, Council Policy F -18 provides that no City Board
or Commission may raise or collect funds on its own behalf; and
WHEREAS, the Friends of the Arts Commission, Inc., has
been created as a support group for the Arts Commission of the
City of Newport Beach; and
WHEREAS, the City Council desires to establish a 15%
gallery fee for works of art sold from the City Hall Art Gallery,
said gallery fee to be paid fully to the Friends of the Arts
Commission, Inc.,
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that there is hereby established a fee
of 158 on all works of art sold as a result of display in the
City Hall Art Gallery. Said fee shall be collected by and paid
to the Friends of the Arts Commission, Inc., upon each sale of
work from the City Hall Gallery.
ADOPTED this day of , 1981.
Mayor
ATTEST:
City Clerk
pr
032381
0 0
CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
DATE June 12, 1980
T0: FINANCE DIRECTOR
FROM: City Cleric
SUBJECT: Contract No.
Description of Contrcct T7hgineorinq Services :Tasminc C?-:xr. "torr, :hm1n.
Authorized by Resolution No. 9757 , adopted on q, 19FO
Effective date of Contract June 11, 13 "oU
Contract with Rslrlerman, `N:ift U
Address 1201 F:. Warner nw.
Santa Ma, M 3 *2705
Amount of Contract see contract
City Clerc�
• 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
3300 W. Newport Boulevard
TO: CITY CLERK
ATTENTION:
� ,• -- !
SUBJECT: JASMINE CREEK STORM DRAIN, PHASES I AND II �C -Zlgl)
We are transmitting the following:
No. Copies Description
93
Agreement for Engineering Services
Remarks: a144,1,(
This agreement has been prepared pursuant to Council Agenda
Item No. H -2(g) dated June 9, 1980. Please execute and return
these copies to me.
By:
Lloyd Dalton
Design Engineer
LD:jd
Att.
0
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
FOR
JASMINE CREEK STORM DRAIN
PHASES I & II
This AGREEMENT is made and entered into this // Lt day of June,
19£30 by and between the City of Newport Beach, a Municipal Corporation herein-
after referred to as "CITY ", and the firm of Alderman, Swift & Lewis, Consulting
Engineers, hereinafter referred to as "ENGINEER ".
W I T N E S S E T H
WHEREAS, CITY heretofore retained ENGINEER to prepare a design
report to develop hydrologic, hydraulic and preliminary design and cost data
for the Jasmine Creek Storm Drain system; and
FriraI
WHEREAS, ENGINEER prepared and presented said design report to CITY;
WHEREAS, said design report included recommendations that the Jasmine
Creek Storm Drain should be replaced in two principal phases plus an optional
lateral along Pacific Coast Highway to Jasmine and Larkspur Avenues, and that a
suitable upstream inlet to the system should be built; Phase I to include storm
drain construction from Bayside Drive to and across Pacific Coast Highway,
plus a temporary connection to the existing storm drain at Pacific Coast
Highway and the optional Pacific Coast Highway Lateral; Phase II to include
storm drain construction from Pacific Coast Highway to the alley north of
Fourth Avenue between Iris and Jasmine Avenues; and
WHEREAS, CITY heretofore retained ENGINEER through informal contract
procedures to prepare construction plans, specifications and estimate for the
Upstream Inlet to the Jasmine Creek Storm Drain system; and
WHEREAS, ENGINEER prepared and presented said construction plans,
specifications and estimate to CITY; and
WHEREAS, CITY is proceeding to award a contract for the construction
of said Upstream Inlet to the Jasmine Creek Storm Drain System; and
WHEREAS, ENGINEER has submitted a proposal to CITY to prepare construction
plans, specifications and estimate for the two principal phases of the Jasmine
Creek Storm Drain; and
WHEREAS, CITY desires to accept said proposal;
NOW THEREFORE in consideration of the foregoing, the parties hereto agree
as follows:
I. 'GENERAL
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A. JGINEER agrees to perform said services upon the terms
hereinafter set forth. 0
B. CITY engages ENGINEER to perform the professional
engineering services hereinafter described for the
compensation hereinafter stated.
II. SERVICES TO BE PERFORMED BY ENGINEER
ENGINEER hereby agrees to perform the following services:
A. Secure necessary soils engineering data through borings,
samples and testing, and provide a full report with
recommendations. Four test holes will be drilled at
approximately equal spacings throughout the length of
Phases I and II.
B. Perform all field survey work needed for design purposes,
including sewer manhole flowlines, topography and cross
sections.
C. Identify utilities within the project limits and secure
plans of the facilities.
D. Determine where utility interferences will exist as a
result of the project construction,and consult with affected
utility companies regarding relocations.
E. Coordinate underground utility location verifications by others.
F. Compute catch basin hydrology and hydraulics and final
hydraulic grade lines.
G. Study and recommend upon the storm drain alignment at the
Pacific Coast Highway crossing and the optional lateral along
Pacific Coast Highway to Jasmine and Larkspur Avenues.
H. Assist CITY with coordination and consultation with CalTrans
for the construction of storm drain improvements within
Pacific Coast Highway rights -of -way.
I. Prepare detailed construction plans on Standard City plan
and profile sheets.
J. Prepare detailed Special Provisions and Bid Proposal, with
reference to CITY'S CONSTRUCTION STANDARDS AND SPECIFICATIONS;
the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
1979 Edition and latest adopted supplement(s); and the WORK
AREA TRAFFIC.CONTROL HANDBOOK, 1978 Edition.
K. Calculate construction quantities and prepare a final
Engineer's estimate.
L. Provide consultation for interpretation of plans and
specifications and resolution of design related problems during
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construction.
III. DUTIES OF CITY
CITY hereby agrees to provide ENGINEER with the following information
and materials:
A. City's Standard Mylar plan and profile sheets.
B. Copies of existing improvement records.
C. Environmental documentation.
D. Copies of survey field notes, bench marks and centerline data.
E. Sewer flow data.
IV. TIME OF COMPLETION
Final plans, specification and estimate shall be submitted to CITY
for review on or before February 1, 1981.
V. OWNERSHIP OF CONTRACT DOCUMENTS
Original drawings, reports, notes, maps and other documents shall
become the property of CITY and may be reproduced and utilized as
deemed necessary by CITY.
VI. RIGHT OF TERMINATION
CITY reserves the right to terminate this AGREEMENT at any time by
giving ENGINEER seven (7) days prior written notice; notice shall
be deemed served upon deposit in the United States mail, postage
paid, addressed to the ENGINEER'S business office at 1201 East
Warner Avenue, Santa Ana, CA 92705. In the event of termination
due to error, omission or negligence of ENGINEER, CITY shall be
relieved of any obligation to compensate ENGINEER for that portion
of this AGREEMENT affected by such error, omission or negligence.
If this AGREEMENT is terminated for any other reason, CITY agrees to
compensate ENGINEER for actual service performed up to the effective
date of the notice of termination, on the basis of Section VII,
CONTRACT AMOUNTS AND PAYMENTS hereinafter set forth.
VII. CONTRACT AMOUNTS AND PAYMENTS
A. In consideration of the performance of the above described
professional engineering services, CITY hereby agrees to
compensate ENGINEER based upon the following CONTRACT AMOUNTS:
PHASE I
Survey $ 3,800
Soils Investigation and Report $ 1,500
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:ar�q
VIII
IX
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Construction plans, specifications
and estimate $ 21,044
CONTRACT AMOUNT $ 26,344
Construction plans, specifications and
estimate for optional lateral along
Pacific Coast Highway to Jasmine and
Larkspur Avenues $ 3,200
CONTRACT AMOUNT (with option) $ 29,544
auacr Tr
Survey $ 1,700
Soils Investigation and Report $ 1,500
Construction plans, specifications and
estimate $ 13,120
CONTRACT AMOUNT $ 16,320
B. CITY shall make payments to ENGINEER as follows:
1. PAYMENTS shall be monthly partial payments based upon
the amount of professional engineering service completed
by ENGINEER each month. The sum of monthly partial payments
shall not exceed 90% of the applicable CONTRACT AMOUNT.
2. Balance of CONTRACT AMOUNT shall be paid upon completion
of work specified in Section II, SERVICES TO BE PERFORMED
BY ENGINEER, or upon 12 months after the actual time of
completion, whichever occurs first.
AMENDMENT
The Scope of Services to be furnished by ENGINEER may be revised
and the applicable CONTRACT AMOUNT(S) amended with prior written
approval of CITY, except that an increase in a CONTRACT AMOUNT
exceeding ten percent (10 %) shall require that an amendment for
such revision be processed and executed by the parties hereto.
ASSIGNMENT
This AGREEMENT or any portion thereof shall not be assigned without
prior written consent of CITY.
X. HOLD HARMLESS
ENGINEER shall assume the defense of and indemnify and hold harmless
CITY and its officers and employees from claims, loss, damage,
injury and liability arising from error, omission, or negligence in
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ENGINEER'S performance of services required by this AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT
on the date first written above.
ATTEST:
by
City Clerk
APPROVED AS TO FORM:
By.
City Attorney
CITY OF NEWPORT BEACH
By
Mayor 1Xro Ten
ALDERMAN, SWIFT & LEWIS
Consulting Engineers
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ry
RESOLUTION NO. 9797
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY
CLERIC TO EXECUTE AN AGREEMENT FOR PROFESSIONAL
ENGINEERING SERVICES BETWEEN THE CITY OF NEWPORT
BEACH AND ALDEFIAWN, SWIFT AND LEWIS, IN CONNEC-
TION WITH THE JASMINE CREEK STORM DRAIN, PHASES
I AND II
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Agreement for Professional
Engineering Services between the City of Newport Beach and
Alderman, Swift and Lewis in connection with the Jasmine Creek
storm drain, Phases I and II; and
WHEREAS, the City Council has reviewed the terms and
conditions of said Agreement for Professional Engineering Services
and found them to be satisfactory and that it would be in the
best interest of the City to execute said Agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Agreement for Professional
Engineering Services above described is approved, and the Mayor
and City Clerk are hereby authorized and directed to execute the
same on behalf of the City of Newport Beach.
ADOPTED this 9th day of June , 1980.
Mayor Pro
ATTEST:
City Clerk
kv
6/4/80
s
May 27, 1980
CITY COUNCIL AGENDA
ITEM NO. H -14
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: JASMINE CREEK STORM DRAIN DESIGN REPORT
RECOMMENDATIONS:
Receive the design report.
Instruct staff to prepare a professional services agreement with
Alderman, Swift, and Lewis (AS & L), Consulting Engineers, for
the preparation of construction plans, specifications, and
estimate.
DISCUSSION:
On March 26, 1979, the City Council authorized execution of a pro-
fessional services agreement with Alderman, Swift, and Lewis, Consulting
Engineers (AS & L) for the preparation of a design report for the Jasmine Creek
storm drain system. The report, dated December 17, 1979, has been completed
and is summarized as follows:
Approximately 490 acres comprise the Jasmine Creek drainage
area, 215 of which are controlled as to peak discharge rate
by Harbor View Dam.
Harbor View Dam has sufficient storage to accommodate runoff
due to storms of 10- and 25 -year frequencies, with a maximum
controlled discharge rate of 53- cubic - feet -per- second outflow
being released downstream to the Jasmine Creek storm drain.
The existing Jasmine Creek storm drain system, located
between Harbor View Dam and the intersection of Fernleaf Avenue
and Bayside Drive, is (a) substantially inadequate to convey
calculated runoff due to storms of 10- or 25 -year frequency,
(b) mostly inaccessible for maintenance or inspection, and /or
(c) deteriorated structurally. In addition, an appropriate inlet
structure is needed upstream from 5th Avenue to protect residen-
tial property from flooding and to decrease the flow of silt and
debris into the storm drain.
4. The storm drain should be replaced with a conduit having suf-
ficient capacity, accessibility, and strength. Such construction
plus preparation of final plans, specifications and estimates
(PS & E) would yield a total project cost of approximately
$1,065,000.
r
April 27, 1980
Subject: Jasmine Creek Storm Drain Design Report
Page 2
5. A suitable inlet structure should be built upstream from 5th
Avenue. The structure and pipe to connect to the storm drain
in the alley between Iris and Jasmine Avenues would cost approxi-
mately $38,000.
Because of the length of the report and the limited number of copies
available, the report itself has not been attached to this memo. For persons
desiring more detailed information, copies of the report are available for
review in the Public Works Department.
The inadequate capacity of the existing drain has resulted in flood-
ing of homes and businesses on a number of occasions in the past, with the most
serious problem existing adjacent to the alley between 4th and 5th Avenues.
Lawsuits claiming substantial damages in that area are currently active. Much
of the existing drain pipe is located underneath both residential and commer-
cial buildings.
Because of its magnitude, and due to the funding circumstances de-
scribed hereinafter, the proposed project has been divided into two principal
phases, plus the separate inlet project. Phase I includes the construction of
approximately 1,360 linear feet of reinforced concrete pipe (RCP) storm drain
connecting to the existing 60 -inch RCP near the intersection of Bayside Drive
and Fernleaf Avenue, and terminating in Pacific Coast Highway at Iris Avenue.
Phase I also includes catch basins and connector pipes at Pacific Coast Highway
which should preclude future instances of flooding, street closure and business
property damage near Iris Avenue.
Staff has applied through the City Engineer's Flood Control Advisory
Committee (CEFCAC), to the Orange County Environmental Management Agency (EMA)
for cooperative funding of Phase I construction. The EMA's preliminary budget
currently provides for approximately 50% ($250,000) of the funding required to
construct Phase I. If approved, these funds will be available upon adoption of
the 1980 -81 County budget by the Board of Supervisors.
Phase II includes the construction of approximately 1,280 linear feet
of RCP storm drain connecting to 57 -inch Phase I RCP in Pacific Coast Highway
at Iris Avenue, and terminating at an existing 48 -inch RCP in the alley between
Iris and Jasmine Avenues, approximately 280 feet north of the centerline of
4th Avenue. Phase II construction is estimated to cost $565,000 in 1981 dollars
There is no County commitment at present for cooperative funding of Phase II.
The Jasmine Creek storm drain inlet project was considered in a
May 12, 1980 Council agenda item, and will be constructed with currently budgeted
City funds. Award of the construction contract is anticipated at the June 9,
1980 Council meeting.
Because of the long lead time involved in approvals from CalTrans and
Orange County, the environmental and permit process, and preparation of the
design itself, it is recommended that preparation of the plans be initiated
July 27, 1980
Subject: Jasmine Creek Storm Drain Design Report
Page 3
with funds included in the current budget. A proposal has been obtained from
Alderman, Swift, and Lewis for the work. The estimated fee is $42,700. If
approved, a consulting services agreement will be prepared for Council considera-
tion at a subsequent meeting. The scope of services to be provided will be
described in more detail at that time.
The AS & L design report also includes a preliminary drawing and cost
estimates for extension of the existing storm drain outlet into Carnation Cove
beyond the present termination at the bulkhead. This matter will be discussed
in a separate report to the Council.
CONCLUSION:
The proposed actions for addressing the Jasmine Creek storm drainage
problem are summarized as follows:
1. Construct new inlet and pipe extension northerly of 5th Avenue
with funds included in the current budget. Bids will be con-
sidered for award at the June 9, 1980 Council meeting. The
estimated cost is $38,000.
2. Retain the consulting engineering firm of Alderman, Swift, &
Lewis to prepare plans and specifications for main Phases I
and II, with funding provided from the current budget appro-
priation. A consulting services agreement will be presented for
Council consideration in June, with the estimated maximum fee
being $42,700.
3. Construct Phase I in the 1980 -81 fiscal year. Phase I consists
of pipe in Bayside Drive from near Fernleaf Avenue to Iris Avenue,
and in Iris Avenue from Bayside Drive to Coast Highway. The
estimated cost is $500,000, and the proposed funding is 5M City
and 50% Orange County EMA. A project for this work is included in
the preliminary 1980 -81 capital projects budget.
4. Construct Phase I1 in the 1981 -82 fiscal year. Phase II consists
of pipe in Iris Avenue from Coast Highway to 4th Avenue, and in
4th Avenue and the alley easterly and northerly of 4th Avenue.
The current estimated cost is $565,000.
5. Prepare a report addressing the storm drain impacts and other
matters affecting Carnation Cove, at a cost of $7,500, with funds
included in the current budget. A separate memo has been prepared
on this matter.
A copy of Plate 2 from the AS & L design report showing the project area
is attached for reference. Larger scale exhibits will be on display in the Council
Chambers.
BenJamin B. Nolan
Public Works Director
Att.
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A 9
RESOLUTION NO. 9797
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT FOR PROFESSIONAL
ENGINEERING SERVICES BETWEEN THE CITY OF NEWPORT
BEACH AND ALDERMAN, SWIFT AND LEWIS, IN CONNEC-
TION WITH THE JASMINE CREEK STORM DRAIN, PHASES
I AND II
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Agreement for Professional
Engineering Services between the City of Newport Beach and
Alderman, Swift and Lewis in connection with the Jasmine Creek
storm drain, Phases I and II; and
WHEREAS, the City Council has reviewed the terms and
conditions of said Agreement for Professional Engineering Services
and found them to be satisfactory and that it would be in the
best interest of the City to execute said Agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Agreement for Professional
Engineering Services above described is approved, and the Mayor
and City Clerk are hereby authorized and directed to execute the
same on behalf of the City of Newport Beach.
ADOPTED this 9th day of June , 1980.
Mayor Pro Tem
ATTEST:
ty Cler
kv
6/4/80
June 9, 1980
CITY COUNCIL AGENDA
ITEM NO. H -2(g)
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES: JASMINE CREEK
STORM DRAIN, PHASES I AND II
RECOMMENDATION:
Adopt a resolution authorizing the Mayor and the City Clerk to
execute the subject agreement with Alderman, Swift and Lewis (AS & L),
Consulting Engineers.
DISCUSSION:
At its May 27, 1980 meeting, the City Council received AS & L's
Jasmine Creek Design Report. The report included a recommendation that the
existing storm drain, located between Harbor View Dam and the intersection of
Fernleaf Avenue and Bayside Drive, be replaced with a conduit having adequate
capacity, accessibility and strength. Such construction, plus preparation of
construction plans, specifications and estimates (PS & E), was estimated to
cost $1,103,000.
Because of its magnitude and funding circumstances, the project was
divided into two principal phases plus an inlet project. The inlet project is
designed and will be built with funds contained in the current budget. The two
principal phases have not yet been designed. See the attached PLATE 2 by AS & L.
Phase I includes storm drain construction from an existing 60 -inch
reinforced concrete pipe (RCP) in Bayside Drive to and across Pacific Coast
Highway (PCH), plus a temporary connection to the existing storm drain at PCH.
Also, Phase I includes an option to construct a lateral in PCH to Jasmine and
Larkspur Avenues. The merit of such an option will be decided by Staff during
PS & E preparation, whereupon additional compensation is provided if the option
is to be included in PS & E preparation.
Phase II includes storm drain construction from PCH to the existing
48 -inch RCP in the alley north of 4th Avenue between Iris and Jasmine Avenues,
The AS & L proposal includes the following scope of services:
1. Secure soils engineering data.
2. Survey as required for final PS & E.
3. Prepare final design calculations.
4. Prepare final detailed plans.
5. Prepare final detailed special provisions.
6. Prepare final Engineer's estimate and bid proposal.
9 0
June 9, 1980
Subject: Agreement for Professional Engineering Services: Jasmine Creek
Storm Drain, Phases I and II
Page 2
The City will compensate AS & L the following lump sum fees with
monthly progress payments based upon estimated percentages of completion:
Phaca i
$27,844
Optional PS & E for PCH lateral
to Jasmine and Larkspur Avenues $ 3,200
Phase II
$14,820
Adequate funds exist in the current Jasmine Creek Storm Drain recon-
struction account (Budget No. 02- 3497 -173) for compensation of AS & L.
PS & E preparation should be completed early in 1981. The City will
then proceed with the estimated $500,000 construction of Phase I with 50/50
funding in the City's and the Orange County Environmental Management Agency's
proposed 1980 -81 budgets. Funding and construction scheduling for the Phase II
project have not yet been determined, but would be tentatively proposed for
the 1981 -82 budget.
- /; /o
Benjamin B. Nolan
Public Works Director
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