Loading...
HomeMy WebLinkAboutC-3392 - Cost Sharing Agreement for Newport Backbay Slope Stabilization (also see C-3200)Amendmen4lo. 1 to Agreement No. Y.._ AMENDMENT No. 1 THIS AMENDMENT No. 1, for purposes of identification is hereby dated tne- day of 1 '`•- . 2001_ and is BY AND BETWEEN The County of Orange, a subdivision of the State of California, herei ^after referred to as "COUNTY". AND The City of Newport 3eacc, a municipal corporation, hereinafter referred to as "CITY" W I T N E S S E T H WHEREAS, COUNTY and CITY entered into Agreement NO. D00 -107 which details the responsibilities of the two parties relative to the repair of the Backbay Slope at Avenida Chico, hereinafter referred to as the project. "; and WHEREAS, Section A. of Agreement DC2 -107 idenui_ -es Q i.nt fun in responsibilities of the parties based upon a t'_fty- ritty writ share of all construction costs, permitting and A/E consultants. The 0'iY further .wrovd ', �h_._e construction inspection .posts :rased upon actual hours billed to :no prwioc[ 'cy :.construction start; and engineer's estimate; and WHEREAS, the COUNTY received 'bids from :cur firms, ,.... hr_ ...._._r most responsible bid approsicata _v 30 over the ongineer'„ vc- 1000 OPIIMA70. A: :.:._. -. -. rho ..._2y- was _\ t d :1 00 " .n - -. r WHEREAS, Se_:- -on d EcrthQr nk3z=s -.f n: 'K :17Y =nv ljr .,. nont.ract award in wr,tina in : e apparent low bid Ear the prriW7 OX000AW 10 engineer's estimate; and WHEREAS, the COUNTY received 'bids from :cur firms, ,.... hr_ ...._._r most responsible bid approsicata _v 30 over the ongineer'„ vc- 1000 OPIIMA70. A: :.:._. -. -. rho ..._2y- was _\ t d :1 00 " .n - -. r 1 2 3 4 5 11 VA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • ?.r:.c ndmen•c. . 7o Agreement No. 135-1:- . WHEREAS, the original joint funding terms found in Agreement were established by costing out each _tem of work to take place on CITY and properties; and . WHEREAS, the engineer's estimate prepared prior to project_ .Yard determined that work was nearly equal in cost and therefore one parties agreed __ share the costs on a 50/50 basis; and WHEREAS, the COUNTY and the CITY have agreed via subsequent Leiner that the CITY should not be responsible for sharing project costs that are attributable to working conditions and permit restrictions associated with the "County's" portion of the project:, specifically the drilled norizental drains, ..__ i and above the original 50/50 cost sharing agreement. NOW, THEREFORE, he it r solved COUNTY ..i: d 7:7Y hereby ttR :ua. -- !arse to amend Paragraph 4 of the Agreement D00 -107 as follows: .. JOINT FUNDING R_SPONSIBILITIM. the project, spec i:ica' l herein id"nVirieu a oon _ p�!Yhlw lnK A .. ,=sultanr.s A_osVs = ubjec: '.o .ho _a11.wLna: a. Any pro0a; . .:cnatrucEi,.. My7w ..:< ,; .,i;. .i Horizcnw! Drains ( "pro Ewa ..- ,...._.... .. :. .i ti... ....,m N, ... that Yxcc,..s 0101,00C _>._:: 1 .::.1.M to 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 • Amendmeroo. 1 to Agreement No. DOG -i-- 5. REAFFIRMATION Except as amended, modified or scup= emen-ed th-s Amendment No. _ the Agreement shall remain in full force and effect and the par---es hereby reaffirm all of its terms, covenants and conditions. 1Jl Jli JlI i// 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 . AmendmenAllo. = to Agreement No. DCC IN WITNESS WHEREOF, the parties hereto have executed this Ame.ndrer_ No. 1 on the dates opposite their respective signatures: Date: By SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California Date: ��.� -G / B y .� Director, Public Facilities & Resources Departnenr. APPROVED AS TO FOR: COUNTY COUNSEL ORANGE COUNTY, CALIFORN__, By 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 • Amendmen4w 1 to Agreement No. DOO -i IN WITNESS WHEREOF, the patties hereto have executed this Amendment No. on the dates opposite their respective signatures: CITY OF NEWPORT BEACH _ �f� Date: -;' is � / 3�, % Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney of Newport -Peach /II '�i CITPOF NEWPORT BOACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3311 hVJv July 24, 2001 Robert E. Hamiiton, Interim Manager PFRD /Harbors, Beaches & Parks County of Orange Public Facilities & Resources Department P.O. Box 4048 Santa Ana, CA 92702 -4048 RE: Agreement D00 -107 — Repair of Backbay Slopes — Contract No.3392 Please find attached three originals (executed by the City) of Amendment No. 1 to the above Agreement between the City of Newport Beach and the County of Orange. Please execute and return one copy to my attention. Sincerely, ,, Qrely ' �i J`.�'`' 6?d Bill Patapoff, P.E. City Engineer Enclosure C July 10, 10, 2001 CITY COUNCIL AGENDA ITEM NO. 11 TO: Mayor and Members of the City Council FROM: Public Works Department ((?? SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO THE NEWPORT BACKB��S�. 0& STABILIZATION COST SHARING AGREEMENT WITH THE COUNTY OF ORANGE RECOMMENDATION: Approve Amendment No. 1 to the Newport Backbay Slope Stabilization Cost Sharing Agreement D00 -107 between the City and the County of Orange. DISCUSSION: On January 9, 2001, the City Council approved a cost sharing agreement with the County of Orange to equally share costs for the construction, necessary permits, professional services, inspection, and testing for the project. Major items of work included relocation of the City's sewer main, grading, construction of a City drainage system, and a County horizontal drain system to lower the ground water table. As the lead agency, the County bid the project and the lowest responsible bid ($624,560) was 30 percent above the Engineer's estimate of $479,550. This increase in cost was almost completely tied to the County's portion of the project, specifically the horizontal drains. Both City and County Staff agree that the County should be responsible for the increase in the costs of the horizontal drains over $100,000 estimate. This amounts to an additional $128,000 as the County's sole responsibility and no additional cost to the City. Amendment No. 1 addresses the joint funding responsibilities of each agency. The respective agency (City or County) will be responsible for change orders that are attributable solely to their portion of the project. Change orders that affect both the City and County portions of the project shall be shared equally on a 50/50 basis. All other terms of the original agreement remain in full force. In summary, the City's construction award portion is $248,280 and the County's portion is $376,280. Staff recommends approval of Amendment No. 1 to the agreement. �spectfully submitted, (( r �an.r� �COwt ,tm� PUBLIC WORKS DEPARTMENT Don Webb, Director By: ((/1 Bill Patapoff, PIE City Engineer Attachments: Amendment No. 1 Agreement No. D00 -107 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 Amendmeneo. 1 to Agreement No. D00- AMENDMENT No. I THIS AMENDMENT No. 1, for purposes of identification is hereby dated the day of , 2001,1 and is BY AND BETWEEN AND The County of Orange, a subdivision of the State of California, hereinafter referred to as "COUNTY" The City of Newport Beach, a municipal corporation, hereinafter referred to as "CITY" W I T N E S S E T H WHEREAS, COUNTY and CITY entered into Agreement NO. D00 -107 which details the responsibilities of the two parties relative to the repair of the Backbay Slope at Avenida Chico, hereinafter referred to as the "project "; and WHEREAS, Section 4. of Agreement D00 -107 identifies joint funding responsibilities of the parties based upon a fifty - fifty cost share of all construction costs, permitting and A/E consultants. The CITY further agreed to share construction inspection costs based upon actual hours billed to the project by COUNTY construction staff; and WHEREAS, Section 4. further states that the CITY" must agree to contract award in writing if the apparent low bid for the project exceeds 10% of the engineer's estimate; and WHEREAS, the COUNTY received bids from four firms, with the lowest most responsible bid approximately 30% over the engineer's project estimate. Analysis of the bid results and further discussion with the apparent low bidder indicate that the 30% cost increase was almost completely tied to the "County's" portion of the project; and 1 • 2u,mendmen*o. 1. to Agreement No. D00 -107 WHEREAS, the original joint funding terms found in Agreement D00 -107 were established by costing out each item of work to take place on CITY and COUNTY properties; and WHEREAS, the engineer's estimate prepared prior to project award determined that work was nearly equal in cost and therefore the parties agreed to share the costs on a 50/50 basis; and WHEREAS, the COUNTY and the CITY have agreed via subsequent letter that the CITY should not be responsible for sharing project costs that are attributable to working conditions and permit restrictions associated with the "County's" portion of the project, specifically the drilled horizontal drains, over and above the original 50/50 cost sharing agreement. NOW, THEREFORE, be it resolved COUNTY and CITY hereby mutually agree to amend Paragraph 4 of the Agreement D00 -107 as follows: 4. JOINT FUNDING RESPONSIBILITIES COUNTY and CITY agree to share equally all costs associated with the project, specifically herein identified as construction, permits and A/E consultants costs subject to the following: a. Any project construction costs associated with the Drilled Horizontal Drains ( "project construction bid item no. 14.) that exceeds $100,000 shall be paid solely by the COUNTY. b. The respective party (CITY or COUNTY) shall pay any construction Change Orders that are attributable solely to their portion of the project that alter the original scope and /or design of the items of work. Change orders that affect both the CITY and COUNTY portions of the project shall be shared equally on a 50/50 basis. 2 • Amendmenloo. 1 to Agreement No. D00 -107 S. REAFFIRMATION Except as amended, modified or supplemented by this Amendment No. 1 the Agreement shall remain in full force and effect and the parties hereby reaffirm all of its terms, covenants and conditions. /1{ I/I 3 1 2 3 4 • Amendments. 1 to Agreement No. D00 -1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the dates opposite their respective signatures: IDate: IDate: APPROVED AS TO FORM COUNTY COUNSEL ORANGE CQeNT —Y, CALI By I /// I /// By SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California By Director, Public Facilities & Resources Department 4 1 /or 4 r, 1 2 3 4 5 6 7 8 9 10 11 12 13 1 14 15 16 17 18 19 20 21 22 23 24 25 26 • Amendmen0o. 1 to Agreement No. D00 -107 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the datE:S opposite their respective signatures: !CITY OF NEWPORT BEACH Date: ATTEST: City Clerk AN Mayor APPROVED AS TO FORM: City Attorney of Newport Beach 5 • • ;regiment No. D00 -107 1 PROJECT: City of Newport Beach Cost Sharing Agreement �- J 2 Sewer Restoration Project - Upper Newport Bay Nature Preserve 3 4 A G R E E M E N T 5 THIS AGREEMENT, for purposes of identification hereby dated the lc�; day 6 of zur, 7 BY AND BETWEEN The County of Orange, a subdivision of the State of California, hereinafter referred to g as "COUNTY" . AND 9 The City of Newport Beach, a Municipal Corporation hereinafter referred to as 10 "CITY" . W I T N E S S E T H 11 12 WHEREAS, the COUNTY owns in fee absolute Upper Newport Bay Nature 13 Preserve, hereinafter referred to as "PARK "; and 14 WHEREAS, the COUNTY maintains and operates the PARK for recreational, 15 educational and resource (animal species and plant habiiats) protection purposes; 16 and 17 WHEREAS, the PARK is surrounded by residential and commercial buildings 18 and CITY's supporting infrastructure including local streets, arterial highways and 19 utilities; and 20 WHEREAS, the eastern PARK boundary, commonly known as the "EAST BLUFF 21 SLOPES," and hereinafter referred to as such, consists of both COUNTY PARK proper =v 22 and CITY road right -of -way as well as private property ownership along the top o= P3 the slope; and 24 WHEREAS, CITY maintains and operates its utilities including sewer and 25 drainage system contiguous to the PARK or through easements across the PARK or 26 private properties; and 1 �, 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 is;reement No D00 -107 WHEREAS, CITY owns and maintains Back Bay Drive, hereinafter referred tc as "ROADWAY," and said ROADWAY provides vehicle, pedestrian and bicycle traffic and scenic access to the Upper Newport Bay Ecological Reserve and portions of the PAR:C; and WHEREAS, in 1998 winter storms caused surficial failures and damage to the EAST BLUFF SLOPES to such an extent that a portion of the CITY's sewer main, whic': is located on the top of the damaged slope, is no longer structurally supported; and WHEREAS, COUNTY and CITY recognize a common interest to stabilize the E.ST BLUFF SLCPE to protect CITY'S sewer line and the natural resources from further damage; and WHEREAS, COUNTY and CITY agree that cost sharing of expenses for this project are in the best public interest and furthermore t:'iey wish to specify c-e_r respective responsibilities for performance of design, construction and maintenanze for said project; and WHEREAS, CITY and COUNTY possess full authority to enter into this agreement. NOW, THEREFORE, CITY and COUNTY hereby mutually agree as follows: 1. PROJECT DESCRIPTION COUNTY and CITY intend to contract for the work to repair the surfic'_al failures and stabilize the EAST BLUFF SLOPES, relocate sewer main, and construct drainage facilities in accordance with the terms, covenant=_ and conditions more particularly set forth in this Agreement (hereinafter collectively referred to as the PROJECT). pi 3 • • 3reement No. Poo -.57 1 2. COUNTY RESPONSIBILITIES 2 County shall 3 A.) Be designated as the Lead Agency on the PROJECT and as such may 4 act on CITY's behalf as their agent in matters related but not 5 limited to permits, development of plans and specifications, bid 6 and award of contract, contract administration and inspection, 7 payment of contractors invoices and other such incidentals that $ may be required. Notwithstanding the aforementioned, CITY nay here 9 expertise that the COUNTY does not have particularly as it _elates 10 to sewers and local drainage that may be made available. 11 B.) Prepare, process and secure all necessary permits from variccs 12 resource agencies, Army Corps of Engineers and Coastal Comm._ssicr. 13 and the like as may be required for the PROJECT, subject to CIT`_'s 14 review and approval, which approval shall not be unreasonab'c 15 withheld. 16 C.) Be responsible for and prepare, process and secure all necessary 17 environmental reports or documents required by the California 1$ Environmental Quality Act of 1970 CEQA, as amended. 19 D.) Be responsible for retaining an A/E consultant(s) for the purposes 20 of preparing the supporting environmental studies and other 21 documents as needed to meet CEQA requirements and to assist '_n 22 securing all permits as identified in Paragraph 2B above. COUNTY 23 and CITY shall equally share in A/E consultant(s) costs. 24 E.) Be the construction and contracting agent for the PROJECT. 25 F.) Be responsible for the design of the horizontal drilled drains, 26 landscape and /or re- vegetation plan for natural slope face and 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i61 19 20 21 22 23 24 25 26 • • 3reement No. D00 -107 repair of "chute faiiure" in accordance wit% the approved plans and specifications. G.) Perform topographical survey work as required for the PROJECT a.._ provide electronic files to the CITY to aid in their design work. H.) Assist CITY, subject to the availability of COUNTY resources, in CITY'S design elements. I.) Notify utility companies as appropriate including notice to relocate utilities on CITY'S behalf. J.) Prepare and process all documents associated with a temporary construction easement and permanent horizontal drain easement fcr the PROJECT. R.) For PROJECT purposes, by resolution of the Board of Supervisors, declare Back Bay Drive to be a County Roadway; Declaration of County Roadway to last for the duration of construction period only. L.) Process contract change orders that are necessary for the completion of the PROJECT as shown on the approved plans and specifications; note any plan changes on record drawings. Obtair the written concurrence of the City Engineer prior to making the field decisions and /or issuing PROJECT change orders affecting PROJECT'S design and /or costs of the CITY'S portion of the PROJECT. M.) Following Notice of Completion, have the responsibility to own, maintain and adhere to resource agency requirements for those portions of the PROJECT within COUNTY jurisdiction. 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 0 - Bement No D0o -107 N.; Require acceptance of the PROJECT be subject to the City Engineer's approval, in writing, if the construction affects the operations and maintenance of PROJECT within CITY limits. 0.) Furnish and deliver to CITY all documents required in connection with the construction and completion of PROJECT. P.) Provide in Contract Bid Documents that the contractor selected by COUNTY to perform the construction of PROJECT in accordance with the approved plans and specifications shall(1) name the City as an additional insured under its insurance policy for the construction. of PROJECT and (2) add City as an additional party to be indemnified by said contractor under the indemnity clause in the construction contract between COUNTY and contractor. 3. CITY RESPONSIBILITIES A.) Provide access to COUNTY and County's contractor, subcontractors or agents to ROADWAY as may be required by the PROJECT documents. B.) Provide law enforcement assistance as may be required to main.zai- any temporary road closures as necessary and to prevent public injury. C.) Provide such studies, reports or plans and specifications as may be available for review by COUNTY's contractors) and /or inclusion into PROJECT contract documents. D.) Provide design work /construction documents /plans as required for any improvement to CITY's sewer and drainage systems. Said documents to be electronically or otherwise sent to COUNTY in a timely fashion for inclusion in COUNTY's bid package. CITY plans to be stamped by CITY Engineer or consulting engineer firm. 5 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I I 19 20 21 22 23 24 25 26 • feement No D00 -107 c.) Prepare and process all documents associated with the sewer line relocation easement and overside drain easement (if necessary) for the PROJECT. F.) For PROJECT purposes, by declaration of the CITY Council, declare Back Bay Drive to be a County Roadway; Declaration of County Roadway to be in effect for the duration of construction period only. G.) Provide a General Plan Conformance finding in accordance with Government Code Section 65402 approving the PROJECT. H.) Following Notice of Completion, have the responsibility to own, maintain and adhere to resource agency requirements for those portions of the PROJECT within CITY jurisdiction. 4. JOINT FUNDING RESPONSIBILITIES COUNTY and CITY agree to share equally all costs associated with the PROJECT, specifically herein identified as construction, permits and A/E consultant costs. However, if the apparent low bid is more than 10% over the Engineer's estimate, the COUNTY and CITY must both agree in writing to the award of the contract. In addition, CITY agrees to share one half (1 /2) of COUNTY'S construction inspection costs based upon actual hours billed to the PROJECT. COUNTY shall provide CITY an estimate of costs required for inspection prior to the award of contract and CITY shall agree in writing to that amount. CITY agreement to its share of construction inspection amount shall be a requirement of contract award. Failure by parties to reach agreement on the shared cost amount of inspection shall result in CITY portion of the PROJECT being deleted from the scope of work and contract award M 1 2 3 4 5', 6' 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 0 *,reement No. D00 -107 being made only for those items of wort; associated with COUNTY perticn of the PROJECT. Not withstanding the aforementioned, the COUNTY and CITY agree to sha -e equally in any offsetting State or other revenue that may be made available for this PROJECT. 5. PROJECT ACCOUNTING AND FINAL PAYMENT Subject to the CITY's obligation to reimburse COUNTY for its share c' all PROJECT costs as provided for herein, COUNTY agrees to _`und its share of the total PROJECT costs and to advance the CITY'S share of said costs for purposes of contract administration and payment of contractor(s). Within one hundred and twenty days from acceptance of "Notice of Completion" by COUNTY, COUNTY shall submit for CITY'S rev:_-, and approval a Final Accounting Report for the PROJECT. Said aporova_ shall not be unreasonably withheld. Upon approval, CITY shall re_c.bcrs= COUNTY within 60 days of receipt of said final accounting. 6. TERM The term of this Agreement shall be for two years, commencing on the date of final execution. Either party may request an Agreement extension if construction of the PROJECT exceeds the two -year time period. Neither this Agreement, nor any terms thereof, may be modified, waived, discharged or terminated except by written instrument executed by both CITY and COUNTY. 7. IDEMNIFICATION CITY agrees to indemnify and hold COUNTY harmless from any loss, liability, claim, suit or judgement resulting from works or acts done or omitted by CITY in carrying out this Agreement. COUNTY agrees to 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 /!1 9 �3reement No. 000 -107 indemnify and hold CITY harmless from any loss, liability, claim, sun- or judgement resulting from work or acts done or omitted by COUNTY in carrying out this Agreement. 8. NOTICES Notices or other communications, which may be required or provided under the terms of this Agreement, shall be given as follows: A.) COUNTY Manager, PFRD /Harbors, Beaches and Parks P.O. Box 4048 Santa Ana, California 92702 -4046 B.) CITY City Engineer, Public Works Department 3300 Newport Boulevard Newport Beach, California 92659 -1768 8 ' l • • 3reement No. D00 -107 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on t!?e dates opposite their respective signatures: 2 3 Date: GS• iS -G/ 5 Director, Public Facilities & Resources Department 6 7 APPROVED AS TO FORM 8 COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA 9 10 11 BY ATS 12 13 14 15 16 17 18 19 20 21 22 1J/ 23 24 25 26 9 1 2 3 4 5 6 7 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 0 0 jreement No _ COC -i07 1N WITNESS 474E R "tU F, the parties hereto have executed this Agreement on t.._ dates opposite their respective signatures: CITY OF NEL+IPORT BEACH Date: // q /C,/ City Clerk !f! f(( B y dmm—��� Mayor APPROVED AS TO FORM: City Attorney of Newport Beach 10 �reemenC No. DCO -107 1 PROJECT: City of Newport Beach i Cost Sharing Agreement 2 Sewer Restoration Project - Upper Newport Bay Nature Preserve 3 4 A G R E E N E N T 5 THIS AGREEMENT, for purposes of identification hereby dated the Lk day I 6 of `, 'it; ti4." r 2 a oxf, 7 BY AND BETWEEN The County of Orange, a subdivision; of ;.he State of California, hereinafter referred to 8 as "COUNTY". AND 9 The C_ty of Newport Beach, a Municipal Corporation hereinafter referred to as 10 "CITY„ W I T H S S E T H 11 — — — — — — — — — — 12 WHEREAS, the COUNTY owns in fee absolute Upper Newport: Bay Nature 13 Preserve, hereinafter referred to as "PARK ", anal 14 WHEREAS, the COUNTY maintains and operatos t:: -e PARK for. recreational, 15 educations- and resource (animal species and plant habitats) pro::ect. ion purposes; 16 ar d 17 WHEREAS, the PARK is surrounded by residential and commercial buildings 18 and CITY's supporting infrastructure including local streets, arterial highways and 19 utilities; and 20 WHEREAS, the eastern PARK boundary, comrr,only known as -,ho "EAST BLUFF 21 SLOPES," and hereinafter referred to as such, consists o= both COUKTY PARK proper -y 22 and CITY road right -of -way as well as private property ownership along the top o' 23 the slope; and 24 WHEREAS, CITY maintains and cperates its util_Cies includinq sewer a:xi 25 drainage system contiguous to the PARK or through easements across the PARK or 26 private properties; anti 1 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 • 0reement No DOO -_07 WHEREAS, CITY owns and maintains Baca Bav Drive, hereinafter referred to as "ROADWAY," and said ROADWAY provides vehicle, pedestrian and bicycle traffic and scenic access to the Upper Newport Bay 2cclogical. Reserve and portions of the PARK; and WHEREAS, in ".998 winter storms caused surf_cial failures and damage to the _F.S"' BLUr SLOPES to such an extent that a portion: of the CITY's .sewer main, which is located on the top of the damaged slope, is no longer structurally supported; and WHEREAS, COUNTY and CITY recognize a comanon 'Interest to slabil -ze -he EAST BLUFF SLOPE to protect CITY'S sewer line and the natural resources from further damage; and WHEREAS, COUNTY and C -TY agree that cost shar' -ng of expenses for this project are in the best public: interest and furthermore they wis ?. to specify their respective responsibilities for performance of design, construction and mointcnance for said project; and WHEREAS, CITY and COUNTY possess f1ll authority to enter into -his agreement. NOW, THEREFORE, CITY and CCCNTY hereby nutual.ly ag-ee as fcl._ows: 1. PROJECT DESCRIPTION COUNTY and C_TY intend to contract for the work -o repair the surficial failures and stabilize the -AST B -UFF S =CPES, rclocatc seewci :Hain, and construct drainage facilities in accordance with the terns, covenants and conditions more particularly set forth in th'_s Agreement (hereinafter collcctively referred to as the PROJECT). 2 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 0- reemcnt No D00 -107 2. COUNTY RESPONSIBILITIES County shall A.) 3e designate.^ as the Lead Agency on t:ne PROJECT and as such may act on CITY's behalf as t: -eir agent i:: :natters _elated but riot llmited to permits, devcicpment of glans and specifications, b_d and award of contract, contract adrtinistr.at on and inspection, payment of contractors invo_ces and other such incidentals that may be requi.red. Notwithstanding the aforementioned, CITY may 'lave expertise that the COUNTY does not gart_cularly as it -relates to sewers and local drai -aqe that may be made ava'_lable. E.) Pregare, process and secure all necessary permits _corn various resource agenc' -es, Army Corps of Engineers and Coastal Cciamission and the like as may be req•ui.red for the PROJECT, subject to CITY'S review and approval, which approval shal_ nct be un•-easonab':y withheld. C.) Be responsible for ana prepare, process and secure all necessary environmental reports or documents required by tide Califo =nia Environmental Quality Act of 1970 CEQA., as amended. D.) Be responsible for retaining an A/E consultant ;s) for the purposes of preparing the supporting environmental sb.idies aria ocher documents as needed to meet C7-QA requirements and to assist in securing all pe_,mits as i entified in Pa- ag -rapn 2B above. COON "'Y and CITY shall equally share in A/4 ccns.;ita::t(s) ncsts. E.) Be the construction and contracting agent for the PROJECT. F.) Be responsi.ble for the design of the hori=IL al dri_led drains, _andscape and /or re- vegetation plan for natural slope face and 3 �rccmenl, 2:c. CCC -iQ7 1 repair of "chute failure" in accordance with the approved plans 2 and specifications. 3 G.) Perform topographical survey work as required for the PROJECT and 4 provide electronic files to the CITY to aid in their design work. 5 3.) Assist CITY, subject to tie availability of COUNTY resources, in 6 CITY'S design elements. 7 I.) Notify utility companies as appropriate including notice to g relocate utilities on CITY'S behalf. g J.) Prepare and process all documents associated with a temporary 10 construction easement and permanent horizontal drain easement *or 11 the PROJECT. 12 K.) For PROJECT purposes, by resolution of the Board of Supervisors, 13 declare Back Gay give to be a County Roadway; Declaration or 14 County Roadway to last for the duration of constructicn period 15 only. 16 L.) Process contract change orders that are necessary for the 17 comple:.ion of the PROJECT as shorn on the approved plans and 16 specifications; note any plan changes on record drawings. Obtain 19 the written concurrence of the City Engineer prior to making the 20 field decisions and /or issuing PROJECT change orders affecting 21 PROJECT'S design and /or costs of the CITY'S portion of the 22 PROJECT. 23 M.) Following Notice of Completion, have the responsibiliCy to own, 24 maintain and adhere no resource agency requirements for those 25 portions of the PROJECT within COUNTY jurisdiction. 26 4 5 • Ogreement No. DOD -f0? 1 N. Require acceptance o` the PROJECT be subject to the City 2 Engineer's approva' -, in writing, i.`_ the censLrucCior. af`ects t o 3 operations and maintenance of PROJECT wit!in CI-Y limits. q O.; Furnish and deliver to CITY ai.'•.. doau:ner. required i^ connection 5 with the construction and ccmpietion of ?ROJ'CT. 6 2.) Provide in Co ntract Bid Docslmer: -s ,ha- the contractor selected by 7 COUNTY -o perform the construction of PROD °_CT in accordance with 8 the approved plans and soecifica -ions shall(l) name :.he City as an 9 additional i nsured under '..ts insurance policy for t:ne construction 10 of PROJ -EC^, and {2) add City as an additicnal party to be 11 indertnified by said contract-, '.:nder the indemnity clause in the 12 construction contract b ,peen COUNTY and contractor. 13 3. CITY RESPONSIBILITIES 14 A.) Provide access to COUNTY and Country's contractor, subcontractors 15 or agen -s to ROADWAY as may be required by t e PROJ�7CT documents. 16 B.) Provide law enforcement assistance as may be required to riainLa_n 17 any temporary road closures as necessary and to prevent public: 18 injury. 19 C.) Provide such studies, r.pporls or p_ar:s and specifications as may 20 be avail. able for review by COUNTY's contrac_or(s) and /or _nclus_en 21 into PROJEC" contract documents. 22 D.) Provide design work /const rue r._on documents /plans as required for 23 any improvement to CITY', sewer and drainage systems. Sjid 24 documents to be electronically or otherwise sent to COUNTY in a 25 timely fashion for inclusion in COUNTY's bi.d package. CITY plans 26 to be stamped by CITY Engineer or consulting engineer firm. 5 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 • 02reeme- ::. Yo. 700 -i07 n•) Prepare and process all documents associated with the sewer line relocatioe easoment and cversi.de drain easement ;if recessary) for the PROJECT. For PROJECT purposes, by declaration of the CITY Counci '., d•'clare Lack Bay Drive to be a County Roadway; Declaration of County Roadway to be in effect for t:: ^e duration of construction period only. G.) Provide a General Plan Conformance finding :in a :ice :dance with Government Code Section 65402 approving the PROJECT.'. H.) Following Notice of Ccmple.,ion, have the respcnsibil_t_y -o own, maintain anti adhere to resource agency rcquireme_nts for t�:ose portions of the PROJECT twit ^in C'I'TY jurisdi.ct.i.on. 4. JOINT FUNDING RESPONSIBILITIES COUNTY and CITY agree to share equally all costs associated with the PROJECT, specifically herein identi`ied as construction, permits and A/E consultant costs. Hocaever, _f she apparent tow bid i.s more r.h:an over the Engineer's estimate, the COUNTY ar.d CITY must both agree in writing to '_he award of the con-ract. In addition, CITY agrees to share one half (1/2) of COUNTY'S cons:ructien i ^.spection costs based upon actual hou -s billed to t:e PROJEC -. COUNTY shall provide CI"Y an estimate of costs required for inspection prior t:o the aware c= contract and C-ITY shall agree in writing -o chat amount. C: Ply agreement to its share of construction inspection amo.irt shall be requirement of contract award. Sailure by parties to rear: agreercera o❑ she shared test amount o_° inspection shat: resin* in portion of the PROJECT being deleted from the scope of worK and contract. award 6 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 0 Wreement No D00 -107 being made only for those items o- work associated with COUNTY portion of the PROJECT. Not withstanding the aforementioned, the COUNTY and CITY agree to share equally in any offsetting State o- 0 -he- revenue that may be made available for tr. -s PR0.77CT. 5. PROJECT ACCOUNTING AND FINAL PAYMENT Subject to the CITY's obliga -icn to reimburse COUNTY for its sha -e of all PROJECT costs as provided for herein, COCNTY agrees _o Lund its share of the total PROJECT costs and to advance the CITY'S share of said costs for purposes of contract. acm- nistra - ion and payment o- contractor(s) . wi -h_n one hundred and twenty days from acceptance o` "Notice of Comple -icn" by COUNTY, COUNTY s. ^.all submit for CITY'S foview and approval a Fine* Accounting Report for the PROJECT. Said approval shall not be unreasonably wi- hheld. Upon ap_roval, CITY shal.= rozmburso COUNTY within 60 nays of receipt: of said final accounting. 6. TERM ':'he term of this Agreement shall be for -we years, c.o:nmer.cing on t.hc date of final execution. Either party may request an P.greeme ^t extension if construction of the PROJECT exceeds t.-.e two -year -ime period. Neither this Agreement, nor any terms thereof, may be modified, .,ai.ved, disc:: -arqed or terminated except by written ins:-.rument nxeccl -cd by both CITY and CO "'NTY. 7. IDEMNIFICATION CITY agrees *�o indemnify and ho'd COUNTY harmless from any loss, liability, claim, suit or judgemcf:t: resu -Ling irc:n ore r:a acts don- or omitted by C_TY in carry_ng out -his Agreement. COUN -Y agrees to 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 0 =ment No D00 -107 indemnify and 'hold C_TY -.armless from any loss, liability, claim, suit or judgeme:;_ resulcing frc:n wor'< or acts done or cmitt,_=d by C:o -i7 \TY in carrying out this Agreement. 8. NOTICES Notices or ether comm.-nicat_ons, wh.c ^::nay be reacired or provided under the tcrms o_ this Agreerie -7, chaiI be given as fol.l cwr;: A. ) CODNT "� Manager, PFRC /Harbo °'s, Beeches anc Parks P.O. Box 4048 Santa Ana, California 92?02 -4048 B.) CITY City Engineef, Public Works Department 3300 Newpert Boulevard Newport Beach, California 92659 -1768 8 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 0 0roenent No COO -107 IN WITNESS WHEREOF, the parties P.ereto have executed this Agreement on the dates opposite their respective signatures: Cate: GS•z -5- 'Y (ZJ•- -I�e.. �' �- C.Lvo..,v_ Director, P.:�Dlic Faciliries & Reso•.!rces Cenartment APPROVED AS TO FORM, COUNTY COUNSEL GRANGE COUNTY, CALIFORNIA P, y CE L BATS /// 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 &reement No. DCC - =07 IN 'WITNESS i ?HEREOF, the parties hereto have executed this Agreement on ;_he dates opposite their respective signatures: CITY OF HEwPORT BEACH Date: / i/,(- "i (City Clerk B Maycr APPROVED AS '110 FORM: City Attorney or Newport 3eac:h 10 • TO: Mayor and Members of the City Council r C31) C 3.3 January 9, 2000 CITY COUNCIL AGENDA ITEM NO. 9 FROM: Public Works Department Prarin;fr. o Itiv�l�� SUBJECT: NEWPORT BACKBAY SLOPE STABILIZATION — COST SHARING AGREEMENT WITH COUNTY AND RESOLUTION FOR A PORTION OF BACKBAY DRIVE TO BE A COUNTY HIGHWAY DURING CONSTRUCTION RECOMMENDATIONS: 1. Approve the Agreement with the County of Orange for the cost sharing of the Upper Newport Bay Slope Stabilization Project. 2. Adopt Resolution No. 2001 - declaring a portion of Backbay Drive owned by the City to be a County Highway during construction of the project. DISCUSSION: During the 1995 and 1998 rainy seasons, the County slopes along the Bluffs area on the easterly side of the Upper Newport Bay experienced surficial failures and sliding. As a result of the earth moving down the slope, the City's sewer facilities have been exposed and have lost some of the lateral support. In order to protect the sewer system, the sewer main must be relocated away from the slope. This work is to be included in the County's slope stabilization project, where the County is proposing to lower the ground water table through the construction of a horizontal drain system in the slope. Other work items include revegetation of the slope and the replacement of the City's deteriorated corrugated metal pipe storm drain with reinforced concrete pipe. The County is the lead agency for this project and has prepared the contract documents, will secure all permits and environmental clearances, will be the construction manager and will supervise the inspection and testing. Since most of the work will be accomplished from the bottom of the slope on Backbay Drive, the Streets and Highways Code requires that the City, by resolution, declare that the project portion of Backbay Drive is a County Roadway for construction purposes. Upon completion of the project, the City will accept ownership and maintenance of the facilities within City jurisdiction. In order to proceed with the portion of the work on private property, the County and City have obtained a temporary construction easement and permanent sewer and drainage easements from the Bluffs Homeowners' Association. The Association has also agreed to assume financial responsibility for the landscaping and irrigation on their property. The SUBJECT: NEWPORT BACKB *LOPE STABILIZATION — COST SHARING EMENT WITH COUNTY AND RESOLUTION OF PORTION OF BACKBAY TO BE A COUNTY HIGHWAY DING CONSTRUCTION January 9, 2001 Page 2 County has indicated that construction can not begin until the fall of 2001 due to environmental concerns and the permitting process. The Agreement states that the County and City will equally share the construction, permits, professional services, inspection and testing costs. The County will front the funding needed for these services and the City will reimburse the County after the Notice of Completion is accepted. The estimated cost for all elements of the project is $700,000 — with the City's share being $350,000. The FY 2000/2001 Budget provides $200,000 for this project. Most of this amount will be carried over to FY 2001/2002 and an additional $150,000 will be needed for the project. The City's increased share is due to the inability of the County to obtain State Funding to help share in the cost of the project. Respectfully submitted, wjl PUBLIC WORKS DEPARTMENT Don Webb, Director WALakod Bill .. City Engineer Attachments: Resolution Agreement Map 0 0 RESOLUTION NO. 2001- RESOLUTION FOR THE DECLARATION OF BACKBAY DRIVE WITHIN THE CITY OF NEWPORT BEACH TO BE A COUNTY HIGHWAY WHEREAS, portions of the natural Eastbluff slopes in the City of Newport Beach (the "City ") and within the County of Orange (the "County ") Upper Newport Backbay Regional Park experienced surficial failures and landslides in 1995 & 1998 due to heavy rains and a high underground water table; and WHEREAS, in the vicinity of Avenida Chico, said Eastbluff slope surficial failures and landslides caused Backbay Drive to be closed to the public for an extended period of time; and WHEREAS, Backbay Drive is a scenic highway and important circulation facility within the City of Newport Beach; and WHEREAS, the County and City have cooperatively agreed to stabilize the Eastbluff slopes in the vicinity of Avenida Chico and Backbay Drive (the "Project "); and WHEREAS, by separate agreement between the County and City, the County has agreed to be the contracting and construction agent for the Project; and WHEREAS, Backbay Drive is located at the base of the Eastbluff slopes, will be improved by the Project, and is needed by the County's contractor for access, staging and storing equipment and materials; and WHEREAS, Negative Declaration IP 99 -176 was prepared for Project and posted by the County and reviewed by the City and subsequently certified by the County on December 19, 2000; and WHEREAS, through its Director of Public Works, the City has reviewed for approval the contract plans and specifications affecting that portion of the Project within jurisdiction of City; and WHEREAS, the City has found and determined, in accordance with Government Code Section 65402, that the Project conforms to the City's General Plan; and WHEREAS, the County consented via a similar Resolution, that City's portion of the Project be a County highway during the period of said improvement; and 0 WHEREAS, via said County Resolution, the City further consents and agrees to accept for ownership and maintenance purposes, through its Director of Public Works, the completed Project improvements within its jurisdiction upon County's acceptance of the work and filing a Notice of completion by County's Board of Supervisors. NOW, THEREFORE, be it resolved that: 1. Commencing with the award by County's Board of Supervisors of a construction contract to the lowest responsible bidder, that portion of the Project within the City's jurisdiction shall be a County highway for the purposes of construction for the duration of the construction contract for the Project, in accordance with Streets and Highways Code Section 1700 et seq. 2. The City consents and agrees to accept for ownership and maintenance purposes, through its Director of Public Works, the completed Project improvements within its jurisdiction upon County's acceptance of the work and filing of a Notice of Completion by County's Board of Supervisors. 3. The Clerk of this City Council is hereby directed to transmit a certified copy of this resolution to the Board of Supervisors of the County of Orange. Adopted this 9th day of January , 2001. MAYOR ATTEST: CITY CLERK F: \Users\PBW \Shared \Resolutions \Backbay Ddve.doc 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 • 1eement No PROJECT: City of Newport Beach Cost Sharing Agreement Sewer Restoration Project - Upper Newport Bay Nature Preserve D00 -107 A G R E E M E N T THIS AGREEMENT, for purposes of identification hereby dated the day of 1 2000, BY AND BETWEEN The County of Orange, a subdivision of the State of California, hereinafter referred to as "COUNTY ". AND The City of Newport Beach, a Municipal Corporation hereinafter referred to as "CITY" W I T N E S S E T H WHEREAS, the COUNTY owns in fee absolute Upper Newport Bay Nature Preserve, hereinafter referred to as "PARK "; and WHEREAS, the COUNTY maintains and operates the PARK for recreational, educational and resource (animal species and plant habitats) protection purposes; and WHEREAS, the PARK is surrounded by residential and commercial buildings and CITY's supporting infrastructure including local streets, arterial highways and utilities; and WHEREAS, the eastern PARK boundary, commonly known as the "EAST BLUFF' SLOPES," and hereinafter referred to as such, consists of both COUNTY PARK property and CITY road right -of -way as well as private property ownership along the top of the slope; and WHEREAS, CITY maintains and operates its utilities including sewer and drainage system contiguous to the PARK or through easements across the PARK or p_ivat- properties; and 1 Oreement No. D00 -107 1 WHEREAS, CITY owns and maintains Back Bay Drive, hereinafter referred to 2 as "ROADWAY," and said ROADWAY provides vehicle, pedestrian and bicycle traffic and 3 scenic access to the Upper Newport Bay Ecological Reserve and portions of the PARK; 4 and 5 WHEREAS, in 1998 winter storms caused surficial failures and damage to the 6 EAST BLUFF SLOPES to such an extent that a portion of the CITY's sewer main, which 7 is located on the top of the damaged slope, is no longer structurally supported; and 8 WHEREAS, COUNTY and CITY recognize a common interest to stabilize the EAST 9 BLUFF SLOPE to protect CITY'S sewer line and the natural resources from further 10 damage; and 11 WHEREAS, COUNTY and CITY agree that cost sharing of expenses for this 12 project are in the best public interest and furthermore they wish to specify *_heir 13 respective responsibilities for performance of design, construction and maintenance 14 for said project; and 15 WHEREAS, CITY and COUNTY possess full authority to enter into this 16 agreement. 17 NOW, THEREFORE, CITY and COUNTY hereby mutually agree as follows: 1$ 1. PROJECT DESCRIPTION 19 COUNTY and CITY intend to contract for the work to repair the surficial 20 failures and stabilize the EAST BLUFF SLOPES, relocate sewer main, and 21 construct drainage facilities in accordance with the terms, covenants 22 and conditions more particularly set forth in this Agreement 23 (hereinafter collectively referred to as the PROJECT). 24 25 26 2 • Oeement No D00 -107 2. COUNTY RESPONSIBILITIES County shall A.) Be designated as the Lead Agency on the PROJECT and as such may act on CITY's behalf as their agent in matters related but not limited to permits, development of plans and specifications, bid and award of contract, contract administration and inspection, payment of contractors invoices and other such incidentals that may be required. Notwithstanding the aforementioned, CITY may have expertise that the COUNTY does not have particularly as it relates to sewers and local drainage that may be made available. B.) Prepare, process and secure all necessary permits from various resource agencies, Army Corps of Engineers and Coastal Commission and the like as may be required for the PROJECT, subject to CITY'S review and approval, which approval shall not be unreasonably withheld. C.) Be responsible for and prepare, process and secure all necessary environmental reports or documents required by the California Environmental Quality Act of 1970 CEQA, as amended. D.) Be responsible for retaininc an A/E consultant(s) for the purposes of preparing the supporting environmental studies and other documents as needed to meet CEQA requirements and to assist in securing all permits as identified in Paragraph 2B above. COUNTY and CITY shall equally share in A/E consultant(s) costs. E.) Be the construction and contracting agent for the PROJECT. F.) Be responsible for the design of the horizontal drilled drains, - andscape and /or re- vegetatlon plan for natural slope face and 3 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 Oreement No D00 -107 repair of "chute failure" in accordance with the approved plans and specifications. G.) Perform topographical survey work as required for the PROJECT and provide electronic files to the CITY to aid in their design work. H.) Assist CITY, subject to the availability of COUNTY resources, in CITY'S design elements, I.) Notify utility companies as appropriate including notice to relocate utilities on CITY'S behalf. J.) Prepare and process all documents associated with a temporary construction easement and permanent horizontal drain easement for the PROJECT. K.) For PROJECT purposes, by resolution of the Board of Supervisors, declare Back Bay Drive to be a County Roadway; Declaration of County Roadway to last for the duration of construction period only. L.) Process contract change orders that are necessary for the completion of the PROJECT as shown on the approved plans and specifications; note any plan changes on record drawings. Obtain the written concurrence of the City Engineer prior to making the field decisions and /or issuing PROJECT change orders affec-ing PROJECT'S design and /or costs of the CITY'S portion of the PROJECT. M.) Following Notice of Completion, have the responsibility to own, maintain and adhere to resource agency requirements for those portions of the PROJECT within COUNTY jurisdiction. 4 • 10eement No. D00 -107 N.) Require acceptance of the PROJECT be subject to the City Engineer's approval, in writing, if the construction affects the operations and maintenance of PROJECT within CITY limits. 0.) Furnish and deliver to CITY all documents required in connection with the construction and completion of PROJECT. P.) Provide in Contract Bid Documents that the contractor selected by COUNTY to perform the construction of PROJECT in accordance with the approved plans and specifications shall(1) name the City as an additional insured under its insurance policy for the construction of PROJECT and (2) add City as an additional party to be indemnified by said contractor under the indemnity clause in the construction contract between COUNTY and contractor. 3. CITY RESPONSIBILITIES A.) Provide access to COUNTY and County's contractor, subcontractors or agents to ROADWAY as may be required by the PROJECT documents. B.) Provide law enforcement assistance as may be required to maintain any temporary road closures as necessary and to prevent public injury. C.) Provide such studies, reports or plans and specifications as may be available for review by COUNTY's contractor(s) and /or inclusion into PROJECT contract documents. D.) Provide design work /construction documents /plans as required for any improvement to CITY's sewer and drainage systems. Said documents to be electronically or otherwise sent to COUNTY in a timely fashion for inclusion in COUNTY's bid package. CITY plans ro be stamr:ed by CITY Engineer or consulr. na engineer firm. 5 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 Oreement No. D00 -107 E.) Prepare and process all documents associated with the sewer line relocation easement and overside drain easement (if necessary) for the PROJECT. F.) For PROJECT purposes, by declaration of the CITY Council, declare Back Ray Drive to be a County Roadway; Declaration of Country Roadway to be in effect for the duration of construction pe=riod only. G.) Provide a General Plan Conformance finding in accordance with Government Code Section 65402 approving the PROJECT. H.) Following Notice of Completion, have the responsibility to own, maintain and adhere to resource agency requirements for those portions of the PROJECT within CITY jurisdiction. 4. JOINT FUNDING RESPONSIBILITIES COUNTY and CITY agree to share equally all costs associated with the PROJECT, specifically herein identified as construction, permits and A/E consultant costs. However, if the apparent low bid is more than 10% over the Engineer's estimate, the COUNTY and CITY must both agree in writing to the award of the contract. In addition, CITY agrees to share one half (1/2) of COUNTY'S construction inspection costs based upon actual hours billed to the PROJECT. COUNTY shall provide CITY an estimate of costs required for inspection prior to the award of contract and CITY shall agree in writing to that amount. CITY agreement to its share of construction inspection amount shall be a requirement of contract award. Failure by parties to reach agreement on the shared cost amount of inspection shall result in CITY port-on of the PROJECT being deleted from the scone of work and contrac� award 6 7 • 0eement No. 000 -107 1 being made only for those items of work associated with COUNTY portion 2 of the PROJECT, 3 Not withstanding the aforementioned, the COUNTY and CITY agree to share 4 equally in any offsetting State or other revenue that may be made 5 available for this PROJECT. 6 5. PROJECT ACCOUNTING AND FINAL PAYMENT 7 Subject to the CITY's obligation to reimburse COUNTY for its share of 8 all PROJECT costs as provided for herein, COUNTY agrees to fund its g share of the total PROJECT costs and to advance the CITY'S share of 10 said costs for purposes of contract administration and pavment of 11 contractor(s). Within one hundred and twenty days from acceptance of 12 "Notice of Completion" by COUNTY, COUNTY shall submit for CITY'S review 13 and approval a Final Accounting Report for the PROJECT. Said approval 14 shall not be unreasonably withheld. Upon approval, CITY shall reimburse 15 COUNTY within 60 days of receipt of said final. accounting. 16 6. TERM 17 The term of this Agreement shall be for two years, commencing on the 18 date of final execution. Either party may request an Agreement 19 extension if construction of the PROJECT exceeds the two -year time 20 period. Neither this Agreement, nor any terms thereof, may be modified, 21 waived, discharged or terminated except by written instrument executed 22 by both CITY and COUNTY. 23 7. IDEMNIFICATION 24 CITY agrees to indemnify ar.d hold COUNTY harmless from any loss, 25 liability, claim, suit or judgement resulting from works or acts done 26 or omitted by CITY in carrying out this Agreement. COUNTY aorees to 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Oreement No. D00 -1 indemnify and hold CITY harmless from any loss, liability, claim, suit or judgement resulting from work or acts done or omitted by COUNTY in carrying out this Agreement.. 8. NOTICES Notices or other communications, which may be required or provided under the terms of this Agreement, shall be given as follows: A.) COUNTY Manager, PFRD /Harbors, Beaches and Parks P.O. Box 4046 Santa Ana, California 92702 -4048 B.) CITY City Engineer, Public Works Department 3300 Newport Boulevard Newport Beach, California 92659 -1768 8 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 • 16eement No. D00 -101 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates opposite their respective _signatures: IDate: APPROVED AS TO FORM COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA M By Director, Public Facilities & Resources Department 9 1 2 3 4 5 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 L Oreement No. D00 -107 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Idates opposite their respective signatures: (CITY OF NEWPORT BEACH IDate: FATTEST: City Clerk By _4 Mayor APPROVED AS TO FORM: City At orney Lot Newport Beach 10 N IIIW E S UPP NEWP BAY PROJECT LOCATION CENTERLINE OF EXISTING PUBLIC UILITY EASEMENT 15,00 FEET WIDE PER TRACT ORT County Slope Existing Exposed Sewer 117 LOTS, STORM DRAIN EASEMENT, 30.00 FEET WIDE. HERBY GRANTED BY THE COUNTY OF ORANGE TO THE CITY OF NEWPORT BEACH 67W 1 1J1 II ii i Ji ESQUINA 5878 Bluffs Homeowners' Association Property 7 S 45-04'49" W 177-- 23.44' STORM DRAIN --------- ------- — --- ------ - 0 -- --- ----- ----- - ------------ -------------- ---------------- PUBLIC UTILITY EASEMENT I III PUBLIC UTILITY EASEMENT DEDICATED PER TRACT N 5435 DEDICATED PER TRACT NO. 5935 ri L01T 12G -------- LOT 127 ............ tR I N! N ENWORT December, 2000 I RESOLUTION NO. 2001- 5 RESOLUTION FOR THE DECLARATION OF BACKBAY DRIVE WITHIN THE CITY OF NEWPORT BEACH TO BE A COUNTY HIGHWAY WHEREAS, portions of the natural Eastbluff slopes in the City of Newport Beach (the "City ") and within the County of Orange (the "County ") Upper Newport Backbay Regional Park experienced surficial failures and landslides in 1995 & 1998 due to heavy rains and a high underground water table; and WHEREAS, in the vicinity of Avenida Chico, said Eastbluff slope surficial failures and landslides caused Backbay Drive to be closed to the public for an extended period of time; and WHEREAS, Backbay Drive is a scenic highway and important circulation facility within the City of Newport Beach; and WHEREAS, the County and City have cooperatively agreed to stabilize the Eastbluff slopes in the vicinity of Avenida Chico and Backbay Drive (the "Project"); and WHEREAS, by separate agreement between the County and City, the County has agreed to be the contracting and construction agent for the Project; and WHEREAS, Backbay Drive is located at the base of the Eastbluff slopes, will be improved by the Project, and is needed by the County's contractor for access, staging and storing equipment and materials; and WHEREAS, Negative Declaration IP 99 -176 was prepared for Project and posted by the County and reviewed by the City and subsequently certified by the County on December 19, 2000; and WHEREAS, through its Director of Public Works, the City has reviewed for approval the contract plans and specifications affecting that portion of the Project within jurisdiction of City; and WHEREAS, the City has found and determined, in accordance with Government Code Section 65402, that the Project conforms to the City's General Plan; and WHEREAS, the County consented via a similar Resolution, that City's portion of the Project be a County highway during the period of said improvement; and WHEREAS, via said County Resolution, the City further consents and agrees to accept for ownership and maintenance purposes, through its Director of Public Works, the completed Project improvements within its jurisdiction upon County's acceptance of the work and filing a Notice of completion by County's Board of Supervisors. NOW, THEREFORE, be it resolved that: Commencing with the award by County's Board of Supervisors of a construction contract to the lowest responsible bidder, that portion of the Project within the Citys jurisdiction shall be a County highway for the purposes of construction for the duration of the construction contract for the Project, in accordance with Streets and Highways Code Section 1700 et seq. 2. The City consents and agrees to accept for ownership and maintenance purposes, through its Director of Public Works, the completed Project improvements within its jurisdiction upon County's acceptance of the work and filing of a Notice of Completion by County's Board of Supervisors. 3. The Clerk of this City Council is hereby directed to transmit a certified copy of this resolution to the Board of Supervisors of the County of Orange. Adopted this 9th day of January , 2001. ATTEST: CITY CLERK r�%jwk MAYOR STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2001 -5 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th day of January, 2001, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of January, 2001. (Seal) lk City Clerk Newport Beach, California