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HomeMy WebLinkAbout06 - Irvine Ave Pavement Coop Agmt�EWPORr == CITY OF =r� NEWPORT BEACH City Council Staff Report Agenda Item No. 6 August 13, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949 - 644 -3311, dawebb (o)newportbeachca.gov PREPARED BY: Andy Tran, Senior Civil Engineer APPROVED: TITLE: Irvine Avenue Pavement Rehabilitation - Approval of a Cooperative Agreement with the County of Orange ABSTRACT: The County of Orange is administering a pavement rehabilitation project at various locations throughout the County including Irvine Avenue between Anniversary Lane and Monte Vista Avenue. City staff requested adding the City portion of Irvine Avenue to the County administered project. A cooperative agreement between the City and County is needed to identify roles, responsibilities and cost sharing for each agency. RECOMMENDATION: 1. Approve a Cooperative Agreement with the County of Orange for the Irvine Avenue Pavement Rehabilitation project. 2. Adopt Resolution No. 2013- 65 declaring a portion of Irvine Avenue within Newport Beach to be a County highway during construction of the project. 3. Approve Budget Amendment No. 14BA -007 appropriating $170,000 from the unallocated Gas Tax fund balance to CIP Account No. 7181- C2002072. FUNDING REQUIREMENTS: Upon approval of the Cooperative Agreement, the City will commit to reimburse the County of Orange for all costs associated with the City's portion of the project. The total project administration and construction cost estimate for the City's portion is $150,832. Irvine Avenue Pavement Rehabilitation — Approval of a Cooperative Agreement with the County of Orange August 13, 2013 Page 2 Staff recommends approving a budget amendment appropriating $170,000 from the unallocated Gas Tax fund balance for the City's portion of this project and any unforeseen contingencies. The final cost will be based on actual quantities constructed. DISCUSSION: The County of Orange is currently administering a pavement rehabilitation project at various locations across the county. One of the arterials slated for rehabilitation is Irvine Avenue between Anniversary Lane and Monte Vista Avenue. This segment of Irvine Avenue is located within both County of Orange and City of Newport Beach jurisdictions. According to the City's Pavement Management Program, the pavement along this segment of Irvine Avenue is currently scheduled for rehabilitation in fiscal year 2015 -2016. Staff from both agencies discussed the idea of administering one joint project in order to minimize design and construction costs and reduce construction impacts to the public. The attached Cooperative Agreement identifies the roles, responsibilities and cost sharing for each agency. Since the County is the lead agency, the California Streets and Highways Code requires the City to adopt a resolution declaring the City portion of the project to be a County highway during construction. Upon completion of the project, the City will accept ownership and maintenance of the street within City jurisdiction. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301(c) of the CEQA Guidelines. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. 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 by: David Webb Public Works Director Irvine Avenue Pavement Rehabilitation — Approval of a Cooperative Agreement with the County of Orange August 13, 2013 Page 3 Attachments: A. Project Location Map B. Cooperative Agreement between County of Orange and City of Newport Beach for Funding of Roadway Improvements in the City of Newport Beach C. Resolution No. 2013- 65 D. Budget Amendment Attachment A LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C -XXXX 1 7/29/13 Attachment B Agreement No. D13 -081 COOPERATIVE AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF NEWPORT BEACH FOR FUNDING OF ROADWAY IMPROVEMENTS IN THE CITY OF NEWPORT BEACH: This Cooperative Agreement is made and entered into this day of 2013 (the "Agreement "), by and between the COUNTY OF ORANGE ( "County"), a political subdivision of the State of California, and the CITY OF NEWPORT BEACH ( "City "), a municipal corporation in the State of California. The County and City shall sometimes be referred to separately as a "Party" and collectively as the "Parties." RECITALS A. The County of Orange proposes to rehabilitate various roadways as part of the Asphalt Overlay Resurfacing of Various Streets in Orange County 2012 -13 project ( "Project "). Irvine Avenue will be rehabilitated as shown in Exhibit A, with such roadways lying within the unincorporated area of the County and within City limits; and B. The total construction cost of rehabilitation within the City's area of the Project is estimated to be One Hundred Fifty Thousand Eight Hundred Thirty Two dollars ($150,832) as shown in Exhibit B. C. The City agrees to reimburse the County for all improvements on Irvine Avenue within the City's jurisdiction ( "City Project Area "). AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual covenants and conditions contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: COUNTY OBLIGATIONS 1. County shall design, administer and construct all improvements for Irvine Avenue. County shall submit plans, specifications and construction cost estimates ( "PS &E ") covering work within the City Project Area to the City for review and approval. 2. County shall pass a Resolution declaring City Project Area to be a County highway (as provided for in Section 1700 of the Streets and Highways Code) for purposes of construction. 3. County shall obtain the written concurrence from the City Engineer or his designee ( "City Engineer ") for any contract change orders ( "CCOs ") for the Project, which would require the City to share in the cost. County's contractor will only perform extra work after approval of a CCO by City Engineer. 4. Prior to County accepting improvements firom County's contractor under the contract for Project, County shall obtain City Engineer's written approval for the City Project Area improvements. Approval shall be withheld only for work not completed per the Page I of6 Agreement No. D13 -081 approved PS &E and CCO's for Project. Upon approval of the improvements by the City Engineer and acceptance of the contract work by County, County shall pass a Resolution declaring City Project Area to no longer be a County highway (as provided for in Section 1704 of the Streets and Highways Code). 6. County shall, within sixty (60) days of the County's approval of a Notice of Completion of project construction, prepare and submit to the City a Final Cost Accounting Repoli and invoice authorized by this Agreement, which will itemize costs including cost for proportionate construction support and administration, roadway rehabilitation, and approved CCOs, if any. County shall cause its contractors for the City's portion of the Project to obtain insurance coverage sufficiently broad to insure matters set forth in this Agreement and to include City as an additional insured on all insurance policies that County requires its contractors to provide. As evidence of such insurance coverage, County shall, prior to commencement of the Project, provide City with certificates of insurance and insurance endorsements in forms that are acceptable to City. 8. County's Contractor shall obtain an encroachment permit from City prior to the start of any work within the City Project Area. CITY OBLIGATIONS 9. City shall pass a Resolution consenting to City Project Area being a County highway (as provided for in Section 1701 of the Streets and Highways Code) for purposes of construction. 10. City shall at all times during the progress of construction of Project within City Project Area, have access to the Project site for the purpose of inspection and, should City Engineer deem any remedial measures to be necessary, City Engineer shall notify County thereof for communication to the contractor. 11. City shall reimburse County for actual quantities constructed for each bid item shown in Exhibit B for all improvements within the City Project Area. 12. City shall pay all costs for approved CCOs associated with construction of the Project within the City Project Area. If CCOs are required, City Engineer shall have five (5) working days to review and either approve or disapprove costs for CCOs. If the City Engineer does not respond to a CCO within the appropriate timeframe, the CCO will be deemed disapproved by default. 13. Upon approval by City Engineer and acceptance of the improvements under the contract by County, City shall assume operation and maintenance responsibility for City Project Area improvements. 14. Within thirty (30) clays of receipt of the Final Cost Accounting Report and Invoice from the County, City shall deposit with the County's financial officer the total as Paso 2 of Agreement No. D 13 -081 indicated on said invoice. 15. City shall issue an encroachment permit at no cost to County's contractor prior to the start of any work within the City Project Area. GENERAL 16. Indemnification & Hold Harmless City shall indemnify, defend with counsel approved in writing, save and hold County and each of its elected officials, officers, directors, agents and employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or expenses, including attorney's fees and costs, of every type and description to which they may be subjected arising out of any act or omission of, its employees, representatives, agents and independent contractors in connection with the implementation of the actions described in this agreement. County shall indemnify, defend with counsel approved in writing, save and hold City and each of its elected officials, officers, directors, agents and employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or expenses, including attorney's fees and costs, of every type and description to which they may be subjected arising out of any act or omission of, its employees, representatives, agents and independent contractors in connection with the implementation of the actions described in this agreement. 17. Assignment This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. No assignment of either Party's interest in this Agreement shall be made without the written consent of the other Party. 18. Entirety & Amendments This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties; and no oral understanding or agreement not incorporated herein shall be binding on either of the Parties. 19. Severability If any part of this Agreement is held, determined, or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 20. Calendar Days Any reference to the word "day" or "days" herein means calendar day or calendar days respectively, unless otherwise expressly provided. 21. Notices Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows: CITY OF NEWPORT BEACH Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 Attn: City Engineer COUNTY OF ORANGE OC Public Works 300 N. Flower Street P.O. Box 4048 Santa Ana, CA 92703 Attn: Director /Chief Engineer, OC Engineering Page 3 orb Agreement No. D13 -031 All notices shall be in writing and deemed effective when delivered in person or deposited in the United States mail, first class, postage prepaid and addressed as above. Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and any such notice so given shall be deemed to have been given upon receipt during normal business hours or, in the event of receipt after business, on the following business day. Any notices, correspondence, reports and /or statements authorized or required by this Agreement, addressed in any other fashion shall be deemed not given. 22. Waiver of Jury Trial Each Party acknowledges that it is aware of and has had the opportunity to seek advice of counsel of its choice with respect to its rights to trial by jury, and each Party, for itself and its successors, creditors, and assigns, does hereby expressly and knowingly waive and release all such rights to trial by jury in any action, proceeding or counterclaim brought by any Party hereto against the other (and/or against its officers, directors, employees, agents, or subsidiary or affiliated entities) on or with regard to any matters whatsoever arising out of or in any way connected with this Agreement and /or any other claim of injury or damage. 23. Attorney's Fees In any action or proceeding to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense, the Parties shall bear their own attorney's fees, costs and expenses. 24. Governing Law & Venue This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to thejurisdiction of such covet, notwithstanding Code of Civil Procedure Section 394. 25. Counterpart s This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. 26. Termi Cation In the event County or City defaults in the performance of any of their obligations under this Agreement or materially breaches any of the provisions of this Agreement, City and County shall have the option to terminate this Agreement upon thirty (30) days' prior written notice to the other Party. In the event City or County cures such default within such thirty (30) day period, City and County's election to terminate shall be deemed revoked and of no further force and effect as to that particular default. Page 4 or6 Agreement No. D13 -081 IN WITNESS WHEREOF, the parties hereto have caused this Agreement be executed on the date first above written. City of Newport Beach, A Municipal Corporation M Keith D. Curry, Mayor Date: ATTEST: Leilani Brown, City Clerk Date: APPROVED AS TO FORM: By: � l(u Aaron C. Harp, City Attorney1 Date: Page 5 of 6 Agreement No. D13 -081 IN WITNESS WHEREOF, the parties hereto have caused this Agreement be executed on the date first above written. COUNTY OF ORANGE A political subdivision of the State of California By: Chairman, Board of Supervisors Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD OF SUPERVISORS Susan Novak Clerk of the Board- Supervisors of Orange County CA APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By:� Date: < Pegc 6 of 6 Exhibit A ASPHALT OVERLAY RESURFACING OF VARIOUS STREETS IN ORANGE COUNTY 2012 -13 COOPERATIVE AGREEMENT WITH CITY OF NEWPORT BEACH FOR IRVINE AVENUE p / \j r4 \ r0 h i •\\ j \ \ < 1c \ ? /Op• •e i. 04q �p r• '� . i• i• x' pQ / •e••i ,• / ,\ �rF a • \ Q / 2 9ti , i• J i ,cF j • Cq Oq "\ ` H � Ogr'�e,• '\ 9 pd• '\ TFA \e, • \TjOry MONTE VISTA \, rF ar , e \• j \yp \ i •e• .e LEGEND pNP NS p• . CITY ® COUNTY . . . , \ovedav location maos.dan 711 712 01 3 1:38:03 PM 08/07/2013 Exhibit B Engineer's Estimate for Cooperative Agreement with City of Newport Beach Asphalt Overlay Resurfacing of Various Streets in Orange County, 2012 -13 Irvine Avenue Estimated Quantity 'Item City of Cost City No. Newport 'Unit _ _ .Item _ Item Cost of Newport 1 1 L.S. Administrative Costs $13,700.00 $13,700.00 2 1 EA. Remove and Replace PCC Access Ramp - Type I - Black Domes $2,350.00 $2,350.00 3 206 C.Y. Remove AC Pavement $188.00 $38,728.00 4 400 TON Asphalt Concrete: Patching - Warm Mix $57.50 $23,000.00 5 48,195 S.F. Cold Mill Asphalt: Other $0.22 $10,602.90 6 770 TON Asphalt Concrete: ARHM $78.00 $60,060.00 7 6 TON Rock Dust Blotter $0.58 $3.48 8 1,330 L.F. 4" Solid White Line $0.26 $345.80 9 410 L. F. 4" Skip White Line $0.23 $94.30 10 365 L. F. 6" Solid White Line $0.30 $109.50 11 184 L. F. 12" Solid White Line $2.00 $368.00 12 220 L. F. 12" Solid Yellow Line $1.95 $429.00 13 160 S.F. Zebra Crosswalk $2.00 $320.00 14 2 EA. Right Turn Arrow $63.00 $126.00 15 3 EA. IRPM - Reflective Blue $8.50 $25.50 16 28 EA. RPM - Reflective Clear $2.50 $70.00 17 1 E.A. Traffic Detector Loops: Irvine Ave @ University Drive (Advanced ES) $500.00 $500.00 -- - -- 'i TOTAL $,1K832.48'' Attachment C RESOLUTION NO. 2013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FOR THE DECLARATION OF IRVINE AVENUE WITHIN THE CITY OF NEWPORT BEACH TO BE A COUNTY HIGHWAY WHEREAS, a portion of Irvine Avenue from Anniversary Lane to Monte Vista Avenue lies within the City limits of the City of Newport Beach and is deemed to be a highway of County -wide importance; and Avenue; and WHEREAS, the County of Orange proposes to improve said portion of Irvine WHEREAS, the City of Newport Beach desires to consent to the establishment of said portions of Irvine Avenue as a County highway during the period of said improvement. NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that pursuant to the provisions of Section 1701, Article 3, Chapter 9, Division 2 of the Streets and Highways Code, the City of Newport Beach does declare those portions of Irvine Avenue lying within the City Limits of Newport Beach to be a County highway during the period of improvement by the County of Orange. Adopted this 13`" day of August, 2013. Mayor ATTEST: City Clerk Attachment D City of Newport Beach BUDGET AMENDMENT 2013 -14 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: t.[•10 -7_�Cf 7aS�bi7 AMOUNT: $170,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To appropriate funds from State Gas Tax reserves for the Irvine Avenue Pavement Rehabiliation project. The County of Orange is administering a pavement rehabilitation project, and this appropriation will fund the City's portion of Irvine Avenue. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 180 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description State Gas Tax Fund - Fund Balance Description Description Division Number 7181 Gas Tax Account Number C2002072 Irvine Avenue Pavement Rehabilitation Project Signed: Financial Approval: Finance Signed: Signed: Approval: City City Council Approval: City Clerk Amount Debit Credit $170,000.00 $170,000.00 7- 31 -I Date Date Date