HomeMy WebLinkAbout05 - Irvine Avenue Roadway Widening ProjectCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 5
November 28, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Bill Patapoff, City Engineer
949 - 644 -3321 orbpatapoff @city.newport- beach.ca.us
SUBJECT: AMENDMENT NO. 1 TO AGREEMENT NO. D98 -096 WITH COUNTY OF
ORANGE FOR THE IRVINE AVENUE ROADWAY WIDENING PROJECT
FROM SOUTH BRISTOL STREET TO MESA DRIVE
RECOMMENDATION:
Approve Amendment No. 1 to Agreement No. D98 -096 with the County of Orange for
additional responsibilities and cost sharing for the Irvine Avenue Widening project from
South Bristol Street to Mesa Drive.
DISCUSSION:
The City and County share the street right -of -way on Irvine Avenue between South
Bristol Street and Mesa Drive. On April 9, 2002, the City and County entered into an
Agreement defining the responsibilities and costs for widening Irvine,Avenue from four
lanes to six lanes. The County is the lead agency for the design, right -of -way
acquisition, and construction of this Measure M (partially funded) project. Each agency
is responsible for the matching costs within its jurisdiction, except for the items identified
in the proposed amendment. The most recent estimate for the Irvine Avenue
construction is $6 million and right -of -way acquisition is appraised at $830,000. Some
monies are included in this year's Capital Improvement Program budget for this work.
One reason why the amendment is needed is to add the construction of landscaped
raised medians and a landscaped parcel of land adjacent to the street north of Mesa
Drive (See Attachment 1). The County's plans showed these areas as striped center
medians and a vacant dirt parcel owned by the County. In order to beautify this
segment of the roadway, the City is required by the County to be responsible for the
design, construction, and maintenance of these areas both in City and County
jurisdictions. Funding for this improvement is proposed to be from the Santa Ana
Heights Redevelopment Agency.
Amendment No. 1 to Agreement No. D98 -096 with the county of Orange for the
Irvine Avenue Roadway Widening Project from South Bristol Street to Mesa Drive
November 28, 2006
Page 2
The second reason for the amendment is to define the cost sharing of the Mesa Drive
at the Irvine Avenue intersection. This intersection experiences heavy left turn
movements from westbound Mesa Drive to southbound Irvine Avenue and an additional
left turn lane is warranted. In order to accomplish this, the west side of the intersection
needs to be widened for through traffic. This widening requires additional right -of -way
and the construction of new retaining walls and street improvements. The County will
reimburse the City for the design of these improvements this fiscal year. The City and
County will each bear 50% of the right -of -way and construction costs to be budgeted
next fiscal year. Latest estimates for this work are $440,000 for right -of -way acquisition
and $335,000 for construction.
Presently the project construction drawings are 95% complete and the County is in the
process of acquiring the needed right -of -way. Construction is scheduled to start in the
summer of 2007.
Environmental Review:
Negative Declaration IP 02 -129 was certified by the Orange County Board of
Supervisors on March 8, 2005.
Prepared by: Submitted by:
+ li: ! I
!, City Engineer
Attachment: Landscape Attachment 1
Amendment to Cooperative Agreement
Executed Agreement No. D98 -096
in G. Badum
Works Director
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Amendment No. l to Agreement No. D98 -096
AMENDMENT NO. 1 to AGREEMENT D99 -096
THIS AMENDMENT NO. l to AGREEMENT D98 -096, is made and entered into this
BY AND BETWEEN
FRED
day of
THE CITY OF NEWPORT BEACH, a
Municipal Corporation in the State of
California hereinafter referred to as "CITY".
THE COUNTY OF ORANGE, a political
subdivision of the State of California,
hereinafter referred to as
"COUNW".
WITNESSETH
WHEREAS, Agreement No. D98 -096, dated April .9, 2002 between City and County,
previously specified responsibilities for the design, right -of -way acquisition, construction,
construction and maintenance of improvements to Irvine Avenue between University Drive and
Bristol Street, and Mesa drive at its intersection of Irvine Avenue and 500 feet westerly,
hereinafter referred to as " PROJECI" and;
WHEREAS, CITY and COUNTY wish to specify additional responsibilities for the
ownership and maintenance of specified elements of said PROJECT; and
WHEREAS, PROJECT proposes to provide landscaping and irrigation improvements to a
land parcel and to raised medians within unincorporated COUNTY limits hereinafter referred to
as "LANDSCAPING" and "MEDIAN LANDSCAPING," respectively; and
WHEREAS, LANDSCAPING and MEDIAN LANDSCAPING areas are described in
EXHIBIT A attached hereto and by this reference made a part hereof, and
Page l of 4
Amendment No. l to Agreement No. D98 -096
WHEREAS, PROJECT proposes to widen Mesa Drive at its intersection with Irvine
Avenue, within unincorporated COUNTY limits, hereinafter referred to as "MESA DRIVE"; and
WHEREAS, CITY and COUNTY possess full authority to enter into this Amendment.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
A. CITY Shall:
Prepare plans, specifications and estimate (PS &E) for LANDSCAPING and MEDIAN
LANDSCAPING for incorporation into the PROJECT PS &E.
B. COUNTY shall:
Prepare a resolution, to be approved by the COUNTY Board of Supervisors, which deeds
LANDSCAPING area, as described in EXHIBIT A, to the CITY:upon completion of
PROJECT.
C. PAYMENTS AND FINAL ACCOUNTING:
CITY shall bear one - hundred - percent (100 %) of costs for design and construction
of LANDSCAPING.
2. . CITY and COUNTY shall each bear fifty- percent (50 %) of costs for right -of -way
acquisition and construction of MESA DRIVE.
D. It is MUTUALLY UNDERSTOOD BY THE PARTIES HERETO THAT:
Upon acceptance of the PROJECT improvements by CITY, CITY shall accept
ownership and maintenance responsibility for LANDSCAPING area as identified in
EXHIBIT A.
2. Upon acceptance of the PROJECT improvements by CITY, CITY shall accept
maintenance responsibility for MEDIAN LANDSCAPING area as identified in
EXHIBIT A.
2. This amendment does not modify, waive, discharge, or terminate any terms of
Agreement No. D98 -096 not described herein.
Page 2 of 4
Amendment No. l to Agreement No. D98 -096
3. The parties acknowledge that each party and its counsel have reviewed this
amendment and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in
the interpretation of this Amendment or any exhibits hereto.
Page 3 of 4
Amendment No. l to Agreement No. D98 -096
IN WITNESS WHEREOF, the CITY has caused this amendment to be executed by its
mayor and attested by its clerk, and COUNTY has caused this amendment to be executed by the
Chairman on the Board of Supervisors and attested by its Clerk, all thereunto duly authorized by
Minute Orders of the City Council and the Board of Supervisors, respectively, on the date
written opposite their signatures.
THE CITY OF NEWPORT BEACH,
a municipal corporation
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
Date:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
LE
Darlene J. Bloom
Clerk of the Board of Supervisors of
Orange County, California
COUNTY OF ORANGE,
a political subdivision of the State of
California
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Page 4 of 4
Chair, Board of Supervisors
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