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C��F00.NP City Council Staff Report Agenda Item No. 5
September 24, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A. Webb, Public Works Director
949 - 644 -3311, dawebb(a)newportbeachca.00v
PREPARED BY: Frank Tran, Associate Civil Engineer
949 -644 -3340, ftran(aDnewportbeachca.gov
APPROVED: '44.� AQ a n�
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TITLE: K Street/East Bay Avenue Concrete Paver Alley Improvement
ABSTRACT:
The residents on K Street and East Bay Avenue requested installation of decorative
concrete pavers in their portion of East Bay Avenue and alley on the north side of
Balboa Boulevard, east of K Street. Since the City is nearing completion of the Central
Balboa and Newport Heights Alley and Street Replacement project, staff requested
pricing from the contractor to reconstruct this portion of East Bay Avenue and alley with
decorative concrete pavers. The amount quoted by the contractor was $130,240.00
which is consistent with the bids for other work included in the original contract. In
accordance with Council Policy L -25, the residents have deposited $75,000.00 to fund
the increased cost of decorative concrete pavers above the cost of standard
improvements,
RECOMMENDATIONS:
Approve Budget Amendment No. 14BA -015 recognizing $75,000.00 contribution from
the residents in Revenue Account No. 250 -5901 and appropriating $75,000.00 to CIP
Account No. 7251- C2002057; and appropriating $55,240.00 from the un- appropriated
General Fund to CIP Account No. 7013- C2002057.
FUNDING REQUIREMENTS:
$75,000.00 in funds has been received from the residents on K Street and East Bay
Avenue. It will be necessary to appropriate an additional $55,240.00 from the un-
appropriated General Fund which will be added to the existing capital budget to
complete the requested street and alley improvements.
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K Street/East Bay Avenue Concrete Paver Alley Improvement
September 24, 2013
Page 2
DISCUSSION:
On January 8, 2013, City Council awarded Contract No. 4945, Central Balboa &
Newport Heights Alley and Street Replacement, to Nobest, Inc., for a total contract cost
of $1,320,000.00 plus a 15% allowance for contingencies. The required work is nearing
completion and only 2.3% of the contingency funds have been expended to complete
additional concrete improvements on the Peninsula and in Newport Heights.
During the course of the project, the residents of East Bay Avenue near K- Street
requested that their alley be improved with decorative concrete pavers as part of the
improvement efforts on the Peninsula. They cited the cost savings of doing the work
with the contractor already mobilized in the area. The contractor provided a price of
$132,240.00 to complete the requested additional work which is consistent with cost of
other work included in the original contract. The residents have deposited $75,000.00
with the City to pay for the increased cost of decorative concrete pavers above the cost
of standard improvements per Council Policy L -25 (see attached).
This Council action recognizes the funds deposited by the residents and appropriates
the additional City general funds necessary to complete the work..
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act ( "CEQA ") pursuant to Section 15301(c) (maintenance
activities with negligible expansion) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted b
David A. ebb
Public Works Director
Attachments: A. Location Map
B. City Council Policy L -25
C. Budget Amendment
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L-25
DECORATIVE CONCRETE PAVERS IN ALLEYS
The City supports the beautification of public alleys by adjacent property owners. It is
the intent of this policy to allow property owners to contribute funds to enhance the
surface of alleys with decorative concrete pavers.
GENERAL
A. Installation is permitted in residential and commercial alleys upon approval of
the Public Works Department. No person shall install decorative concrete pavers
without first obtaining an encroachment permit from the Public Works
Department.
B. All improvements shall conform to City Standards and pavers shall conform to
City Standard Drawing STD - 144 -L. The block choice, color scheme, and block
pattern shall be approved by the Public Works Department. Traditional colors
(ex: concrete gray, brick red) or blended color schemes that are readily available
materials are required.
C. The proponents for a decorative concrete paver project shall pay for the
increased cost of the decorative concrete paver pavement section above the cost
of standard improvements, if the alley is scheduled for alley replacement by the
City. If the alley is not scheduled for replacement, the proponents shall be
responsible for all costs associated with alley reconstruction (including design
and construction services).
D. Upon installation, the City will be responsible for maintenance of the concrete
pavers during the design life of the product (20 years). During the maintenance
period, every effort shall be made to match shape and color of replacement
pavers. At such time the Public Works Director determines that the concrete
pavers have deteriorated to an unacceptable condition and /or suitable
replacements are unavailable, the proponents shall be given an opportunity to
replace said pavers or the Public Works Department shall have the option of
replacing the alley pavement with alternative standard materials.
PROCEDURE
A. The Proponents shall appoint a treasurer, trustee, escrow agent or fiscal agent
(agent) to collect and record individual property owner contributions at the
property owners expense and notify the City of the appointed agent in writing.
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B. Proponents must circulate a City provided petition to owners adjacent to the
alley where decorative concrete pavers are desired. The petition shall include
product specifications, color palette, paver layout pattern, estimated project
costs, and expected contribution amounts. Proponents shall submit samples and
manufacturers specifications for review and approval. The petition shall be
approved by the Public Works Department prior to initiating the project.
C. More than 60% of the adjacent property owners per block where improvements
are proposed must support the installation by signing the petition. However,
support of the project does not make contribution mandatory, and the
contributions among individual proponents may vary.
D. Upon certification of the petition, City staff will prepare construction documents
or modify budgeted alley resurfacing projects to include pavers. At this time the
City may require a non - refundable fee to cover the administration and design
costs of the project. The design and administration fee can vary between 5 and
15 percent of the anticipated construction cost.
K Upon completion of construction documents, the remaining portion of the
proponent's contributions are due within 30 days of invoicing from the City to
the Proponents appointed agent. Said contributions shall be paid to the City by
the agent in lump sum and deposited in a designated project trust account.
Interest earned on the construction deposit, the project proceeds and on any
proceeds received in excess of the cot of the project shall accrue to the benefit of
the City. Once these funds are received, the City will obtain bids for the
proposed project. If the contributions are sufficient to cover the bid price of the
project, construction management, inspection, administration and reasonable
contingencies, staff will seek City Council approval to recognize the
contributions, appropriate the expenditures for the project, award the contract to
the successful bidder, and proceed with the construction. Any principal
proceeds in excess of the design, construction and administration of project shall
be returned to the appointed agent after the Public Works Department has
accepted the project, the final retention has been paid and a final accounting of
the project cost has been prepared.
Adopted - August 24, 2004
Amended - April 12, 2005
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City of Newport Beach NO. BA- 14BA -015
BUDGET AMENDMENT
2013 -14 AMOUNT: 5130,240.00
EFFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
X from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase revenue estimates and expenditure appropriations in the amount of $75,000 to reflect the residents' contribution
toward the K Street/East Bay Avenue Concrete Paver Alley Improvement and to increase expenditure appropriations
from General Fund reserves in the amount of $55,240 to reflect the City's required expense.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3605
REVENUE ESTIMATES (360 1)
Fund /Division Account
250 5901
EXPENDITURE APPROPRIATIONS (3603)
Amount
Description Debit Credit
General Fund - Fund Balance $55,240.00
Description
Private Contributions /Donations $75,000.00
Signed: "LvlPY
FinandtarApproval: Finance Dc r // Date
Signed: Nl,l� It
Administrative - Approval: City Mana er Date
Signed:
City Council Approval: City Clerk Date
Description
Division
Number
7013
General Fund - Capital Street Projects
Account
Number
C2002057
Asphalt Alley Replacement $55,240.00
Division
Number
7251
Contributions Fund
Account
Number
C2002057
Asphalt Alley Replacement $75,000.00
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed: "LvlPY
FinandtarApproval: Finance Dc r // Date
Signed: Nl,l� It
Administrative - Approval: City Mana er Date
Signed:
City Council Approval: City Clerk Date