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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 -1- 1 2 3 4 0 0 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 -2- 1 2 3 41 0 0 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. -3- 1 2 3 4 51 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i 0 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 -4- 1' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -5- 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. a 0 3! r vl j1 / OI ve JAL _J �c�-�1�� �J _• / r a\ W \(J it Ilk r CROWN Z 3 v fB B770f Pi L. i L I L ijLtlbtJRiG jj [ a L?', PC x!12 &S3 c� At V ict'T E L 6LEMENT.QRY JI l � nq�TCE O'Q SCAVOL LYE SAND - 'ROPOSED P1iaeE 2i � - JCI��.; CSC2 CJC� C COCA nn nn nn � , • EXIST. JASMINE ♦9 � `•• , �R ffK LtAT,ERA c� goorrio li4[ r G C� 1-3C �C�C7C�C'�� sea �U F-i 3_r- I � n Ll A UJI Kk AYSJD cr � TRUNk PIP L op v RB ` D �1EuR c cN 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., 0 0 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 -1- 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 - 2 - 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 - 3 - :ar�q VIII IX • 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 - 4 - •4-4 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 - 5 - 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. it 371 f p\ vul Feano c,_ \HARBOR VIEW '' ` �'�^ i Pi� (sf ^,vC cU � • oaM \'9CP,` r r. E21a c4U�PGEhfc'd/TgRY OR SCf/OOG L 5Q ypClJSIL E PROPOSED ASMINE_ REEK) n-1 ;��v �a12 U�IJc� El uw r Q G ATERAL I� r -�� r I UNN I rc � AYE F r n �� PREPARED BY1 sr 3Fy�F.P . :4 CN I q C I � L S EX S -FJASMINEI In�REE[K�LA!uEl�d �? C� Ell Li- A BPEJ I CITY OF NEWPORT BEACH /i g4 CN HAWK S7-Ai-5 5 g LOCATION OF, LDERMAN,SWIFT & LEWIS1 JASMINE CREEK STORM DRAIN EXISTING & PROPOSED COHSUL.7IHG ENGINEERS DESIGN REPORT STORM DRAINS PLATE 2 41% 'y p�ar�:, 1� -�� �� ,1 Utf ♦IjC vul Feano c,_ \HARBOR VIEW '' ` �'�^ i Pi� (sf ^,vC cU � • oaM \'9CP,` r r. E21a c4U�PGEhfc'd/TgRY OR SCf/OOG L 5Q ypClJSIL E PROPOSED ASMINE_ REEK) n-1 ;��v �a12 U�IJc� El uw r Q G ATERAL I� r -�� r I UNN I rc � AYE F r n �� PREPARED BY1 sr 3Fy�F.P . :4 CN I q C I � L S EX S -FJASMINEI In�REE[K�LA!uEl�d �? C� Ell Li- A BPEJ I CITY OF NEWPORT BEACH /i g4 CN HAWK S7-Ai-5 5 g LOCATION OF, LDERMAN,SWIFT & LEWIS1 JASMINE CREEK STORM DRAIN EXISTING & PROPOSED COHSUL.7IHG ENGINEERS DESIGN REPORT STORM DRAINS PLATE 2 41% 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 LD: jd Att. g W 11 1 \• 1 11 �ti,rn15•I � -, 1 a tB6T70E _'Qj�" o�NARBOR i1 VIEW DAM we 1 .rt,lC � VIV c co A 1-11 4 i \ V � 0 \ SG�FV/ 6�y ly le-r 5 INLET ��,� °tea c U W• C C LJ c Ct c c c U 7� I EXIST JASMINEI Lj U �� �REu �AT,ERA I�C ►�11 r�,Q sea -VUUVr� r+ n L d I�� Er' �v L4 Li.. o�a�CO � D U Leo o IB3 o. \r �nn�\ PREPARED BYE CITY OF NEWPORT BEACH LOCATION OF, PLATE ERMAN,SWIFT & LEWIS JASMINE CREEK STORM DRAIN EXISTING a PROPOSED CONSULTING ENGINEER! PHASE Ir STORM DRAINS z d,wo INLET '.i;�;i lla.PlfOR Y /EW � � BLeMENT4QY SCdJOOG L !+1—, PROPOSED I ly le-r 5 INLET ��,� °tea c U W• C C LJ c Ct c c c U 7� I EXIST JASMINEI Lj U �� �REu �AT,ERA I�C ►�11 r�,Q sea -VUUVr� r+ n L d I�� Er' �v L4 Li.. o�a�CO � D U Leo o IB3 o. \r �nn�\ PREPARED BYE CITY OF NEWPORT BEACH LOCATION OF, PLATE ERMAN,SWIFT & LEWIS JASMINE CREEK STORM DRAIN EXISTING a PROPOSED CONSULTING ENGINEER! PHASE Ir STORM DRAINS z d,wo INLET