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
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• ?.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, ..__
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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
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• 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.
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. 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
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• 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
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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
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• 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.
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• 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.
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• 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
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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
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• 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
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• • ;regiment No. D00 -107
1 PROJECT: City of Newport Beach
Cost Sharing Agreement �- J
2 Sewer Restoration Project -
Upper Newport Bay Nature Preserve
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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
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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
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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).
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• • 3reement No. Poo -.57
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2. COUNTY RESPONSIBILITIES
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County
shall
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A.)
Be designated as the Lead Agency on the PROJECT and as such may
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act on CITY's behalf as their agent in matters related but not
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limited to permits, development of plans and specifications, bid
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and award of contract, contract administration and inspection,
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payment of contractors invoices and other such incidentals that
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may be required. Notwithstanding the aforementioned, CITY nay here
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expertise that the COUNTY does not have particularly as it _elates
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to sewers and local drainage that may be made available.
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B.)
Prepare, process and secure all necessary permits from variccs
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resource agencies, Army Corps of Engineers and Coastal Comm._ssicr.
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and the like as may be required for the PROJECT, subject to CIT`_'s
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review and approval, which approval shall not be unreasonab'c
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withheld.
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C.)
Be responsible for and prepare, process and secure all necessary
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environmental reports or documents required by the California
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Environmental Quality Act of 1970 CEQA, as amended.
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D.)
Be responsible for retaining an A/E consultant(s) for the purposes
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of preparing the supporting environmental studies and other
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documents as needed to meet CEQA requirements and to assist '_n
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securing all permits as identified in Paragraph 2B above. COUNTY
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and CITY shall equally share in A/E consultant(s) costs.
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E.)
Be the construction and contracting agent for the PROJECT.
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F.)
Be responsible for the design of the horizontal drilled drains,
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landscape and /or re- vegetation plan for natural slope face and
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• 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.
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- 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.
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• feement No
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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
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*,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
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�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
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' l • • 3reement No. D00 -107
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on t!?e
dates opposite their respective signatures:
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Date: GS• iS -G/
5 Director, Public Facilities & Resources Department
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APPROVED AS TO FORM
8 COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
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0 jreement No
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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
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0reement No
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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).
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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
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repair of "chute failure" in accordance with the approved plans
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and specifications.
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G.)
Perform topographical survey work as required for the PROJECT and
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provide electronic files to the CITY to aid in their design work.
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3.)
Assist CITY, subject to tie availability of COUNTY resources, in
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CITY'S design elements.
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I.)
Notify utility companies as appropriate including notice to
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relocate utilities on CITY'S behalf.
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J.)
Prepare and process all documents associated with a temporary
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construction easement and permanent horizontal drain easement *or
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the PROJECT.
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K.)
For PROJECT purposes, by resolution of the Board of Supervisors,
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declare Back Gay give to be a County Roadway; Declaration or
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County Roadway to last for the duration of constructicn period
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only.
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L.)
Process contract change orders that are necessary for the
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comple:.ion of the PROJECT as shorn on the approved plans and
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specifications; note any plan changes on record drawings. Obtain
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the written concurrence of the City Engineer prior to making the
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field decisions and /or issuing PROJECT change orders affecting
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PROJECT'S design and /or costs of the CITY'S portion of the
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PROJECT.
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M.)
Following Notice of Completion, have the responsibiliCy to own,
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maintain and adhere no resource agency requirements for those
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portions of the PROJECT within COUNTY jurisdiction.
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• Ogreement No. DOD -f0?
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N.
Require acceptance o` the PROJECT be subject to the City
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Engineer's approva' -, in writing, i.`_ the censLrucCior. af`ects t o
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operations and maintenance of PROJECT wit!in CI-Y limits.
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Furnish and deliver to CITY ai.'•.. doau:ner. required i^ connection
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with the construction and ccmpietion of ?ROJ'CT.
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2.)
Provide in Co ntract Bid Docslmer: -s ,ha- the contractor selected by
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COUNTY -o perform the construction of PROD °_CT in accordance with
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the approved plans and soecifica -ions shall(l) name :.he City as an
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additional i nsured under '..ts insurance policy for t:ne construction
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of PROJ -EC^, and {2) add City as an additicnal party to be
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indertnified by said contract-, '.:nder the indemnity clause in the
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construction contract b ,peen COUNTY and contractor.
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3. CITY
RESPONSIBILITIES
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A.)
Provide access to COUNTY and Country's contractor, subcontractors
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or agen -s to ROADWAY as may be required by t e PROJ�7CT documents.
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B.)
Provide law enforcement assistance as may be required to riainLa_n
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any temporary road closures as necessary and to prevent public:
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injury.
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C.)
Provide such studies, r.pporls or p_ar:s and specifications as may
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be avail. able for review by COUNTY's contrac_or(s) and /or _nclus_en
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into PROJEC" contract documents.
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D.)
Provide design work /const rue r._on documents /plans as required for
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any improvement to CITY', sewer and drainage systems. Sjid
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documents to be electronically or otherwise sent to COUNTY in a
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timely fashion for inclusion in COUNTY's bi.d package. CITY plans
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to be stamped by CITY Engineer or consulting engineer firm.
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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
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Wreement No
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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
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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
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0roenent No
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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
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&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
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•
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
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• 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
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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).
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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
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Oreement No
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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.
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• 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.
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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
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being made only for those items of work associated with COUNTY portion
2
of the PROJECT,
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Not withstanding the aforementioned, the COUNTY and CITY agree to share
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equally in any offsetting State or other revenue that may be made
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available for this PROJECT.
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5. PROJECT ACCOUNTING AND FINAL PAYMENT
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Subject to the CITY's obligation to reimburse COUNTY for its share of
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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
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said costs for purposes of contract administration and pavment of
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contractor(s). Within one hundred and twenty days from acceptance of
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"Notice of Completion" by COUNTY, COUNTY shall submit for CITY'S review
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and approval a Final Accounting Report for the PROJECT. Said approval
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shall not be unreasonably withheld. Upon approval, CITY shall reimburse
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COUNTY within 60 days of receipt of said final. accounting.
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6. TERM
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The term of this Agreement shall be for two years, commencing on the
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date of final execution. Either party may request an Agreement
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extension if construction of the PROJECT exceeds the two -year time
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period. Neither this Agreement, nor any terms thereof, may be modified,
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waived, discharged or terminated except by written instrument executed
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by both CITY and COUNTY.
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7. IDEMNIFICATION
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CITY agrees to indemnify ar.d hold COUNTY harmless from any loss,
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liability, claim, suit or judgement resulting from works or acts done
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or omitted by CITY in carrying out this Agreement. COUNTY aorees to
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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
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•
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
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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