HomeMy WebLinkAbout16 - Kline Drive Street & Drainage ImprovementsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 16
January 26, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein
949 -644 -3322
rstein @newportbeachca.gov
SUBJECT: KLINE DRIVE STREET AND DRAINAGE IMPROVEMENTS —
APPROVAL OF A COOPERATIVE AGREEMENT WITH COUNTY OF
ORANGE AND ORANGE COUNTY DEVELOPMENT AGENCY
RECOMMENDATION:
Approve an agreement with the County of Orange and the Orange County Development
Agency for the design and construction of Kline Drive Street and Drainage
improvements.
BACKGROUND:
West Santa Ana Heights was annexed in 2008 by the City of Newport Beach from the
County of Orange. Under a 2002 pre- annexation agreement, the City allowed the
Orange County Development Agency ( "Agency') to preserve the Agency's tax
increment revenues from the annexed area after annexation by the City provided that
the County and Agency constructed and funded projects in the annexed area. In 2007,
the County Board of Supervisors and Agency directed County staff to construct the
Kline Drive Street and Drainage Improvements project. An aerial of the project area is
shown on the next page.
DISCUSSION:
Under the provisions of this cooperative agreement for the Kline Drive Street and
Drainage Improvements project, the County.will:
• prepare and obtain fully executed easement deeds from adjacent property
owners for City acceptance and record said documents,
• prepare all contract and environmental documents,
• prepare all approval, permit and environmental document applications and
supporting documents,
• obtain all required approvals, permits and environmental documents for
construction of the project,
• advertise and award the project, and
SUBJECT: Kline Drive Street and Drainage Improvements — Approval of a Cooperative Agreement with County of Orange
and Orange County Development Agency
January 26. 2010
Page 2
• manage and inspect the construction project to completion.
The Orange County Development Agency will pay for all design, permitting,
environmental documentation and construction costs, up to an amount as approved by
the Board of Supervisors at the time final project approval is obtained (including all
change orders, construction engineering, inspection, surveying, testing, etc.) necessary
for project completion.
Upon project completion to the satisfaction of the City, the City will accept the
completed improvements and maintain the improvements in perpetuity.
Environmental Review:
The County is responsible for compliance with the California Environmental Quality Act
for construction of the project.
SUBJECT: Mine Drive Street and Drainage Improvements —Approval of a Cooperative Agreement with County of Orange
and Orange County Development Agency
January 26, 2010
Page 3
Prepared by:
Robert Stein
Assistant City Engineer
Submitted by:
Stephen G. Badum-
Public Works Director
Attachments: Cooperative Agreement Between County Of Orange, Orange County
Development Agency and City of Newport Beach for the Kline Drive
Street and Drainage Improvements
County Agreement No. D09 -082
COOPERATIVE AGREEMENT
BETWEEN
COUNTY OF ORANGE
ORANGE COUNTY DEVELOPMENT AGENCY
AND
CITY OF NEWPORT BEACH
FOR THE
KLINE DRIVE STREET AND DRAINAGE IMPROVEMENTS
This Cooperative Agreement ( "Agreement ") is entered into the day of
2010, by and between the County of Orange, a political subdivision
of the State of California ( "County"), the Orange County Development Agency, a public
body, corporate and politic ( "Agency "), and the City of Newport Beach, a municipal
corporation in the State of California, ( "City"), which are sometimes individually
referred to as "Party" or collectively referred to as "Parties."
RECITALS
WHEREAS, the County Board_ of Supervisors adopted the County's first
redevelopment plan and project area in 1986, known as the Santa Ana Heights
Redevelopment Project; and
WHEREAS, the geographical area within which said redevelopment plan was
applicable shall be defined herein as the "Project Area;" and
WHEREAS, such geographical area has, in two stages, been annexed to the City
of Newport Beach (hereinafter such area as annexed shall be referred to as the "Annex
Area;" and
WHEREAS, pursuant to the Pre - Annexation Agreement dated September 10,
2002 between the City, County and Orange County Development Agency ( "Agency "),
the City agreed to cooperate with County redevelopment projects and allow the County to
preserve the Agency's tax increment revenues from the Annex Area after its annexation
by the City in order to repay the Agency redevelopment bonds issued to finance Project
Area capital projects and contribute to the repayment of the County's bankruptcy
recovery bonds; and
WHEREAS, pursuant to a Board of Supervisors and Orange County Development
Agency Action passed on March 27, 2007 and amended on June 19, 2007, County staff
was directed to complete the Kline Drive Street and Drainage improvements project; and
WHEREAS, County is acquiring private rights of way and preparing contract
documents for street and drainage improvements to Kline Drive and Orchard Drive,
within the Santa Ana Heights area of the City of Newport Beach (hereinafter referred to
as the "County Project" or the "Project," as depicted in the attached Exhibit A and
incorporated herein by reference), and
Page 1 of 7
County Agreement No. D09 -082
WHEREAS, Kline Drive is currently a collection of private easements used for
ingress and egress purposes, and
WHEREAS, County has determined that there is a need for the County Project
and funds have been designated for that purpose through the sale of Santa Ana Heights
Project Area Redevelopment Bonds, and
WHEREAS, County has caused the preparation of a Project Report describing the
general elements and limits of the County Project, and the City Engineer approved the
Project Report in July 2008, and
WHEREAS, County is in the final stages of preparing drawings and specifications
for County Project based on said Project Report with construction scheduled to begin in
2010, and
WHEREAS, City and County intend that the construction of the County Project
should be inspected and managed by the County, and
WHEREAS, County intends to declare the County Project a county highway
during the course of construction, and City intends to consent to said declaration, and
WHEREAS, upon County acceptance of the completed County Project, the City
intends to maintain the improvements in perpetuity.
NOW, THEREFORE, in consideration of the mutual promises set forth herein,
the Parties hereto agree as follows:
ARTICLE 1. ELEMENTS OF AGREEMENT
The Parties will work cooperatively together so that the County Project may be
completed in a manner so as to minimize costs and impacts to the public. The specific
terms and conditions governing the elements of this Agreement are set forth hereinafter.
ARTICLE 2. RESPONSIBILITIES OF COUNTY
COUNTY agrees to the following responsibilities:
A. Adopt a resolution by the Board of Supervisors declaring the County
Project a county highway pursuant to Section 1700 of the Streets and Highways Code.
B. Prepare and obtain fully executed easement deeds from adjacent property
owners for City acceptance and record said documents.
C. Prepare all contract and environmental documents.
Page 2 of 7
County Agreement No. D09 -082
D. Include City's design standards and City staff's review comments in the
County Project drawings and specifications provided the standards and continents are not
in conflict with the approved Project Report. Acceptance of Project drawings and
specifications by City shall be deemed complete upon stamp /signature by City Engineer.
E. Prepare all approval, permit and environmental document applications and
supporting documents, and obtain all required approvals, permits and environmental
documents for construction of the County Project.
F. Advertise and award the project for construction, and manage and inspect
the construction.
G. Accept the completed construction, with concurrence of the City Engineer,
and adopt a resolution declaring the County Project to no longer be a county highway.
Provide City with as -built drawings on CD and PDF formats.
ARTICLE 3. RESPONSIBILITIES OF THE ORANGE COUNTY DEVELOPMENT
AGENCY
The Orange County Development Agency agrees to the following responsibilities:
A. Pay for all design, permitting, environmental documentation and construction
costs, up to an amount as approved by the Board of Supervisors at the time final project
approval is obtained (including all change orders, construction engineering, inspection,
surveying, testing, etc.) 'necessary for County Project completion.
ARTICLE 4. RESPONSIBILITIES OF CITY
CITY agrees to the following responsibilities:
A. Accept right of way easements offered in dedication to the City by the
Kline Drive property owners.
B. Adopt a resolution pursuant to Section 1701 of the Streets and Highways
Code consenting to the declaration of the County Project as a county highway.
C. Issue an encroachment permit allowing the County to construct the
improvement in the easements.
D. Pay for all City costs associated with overseeing and accepting the County
Project.
E. Accept the completed improvements upon County adoption of a resolution
declaring the County Project is no longer a county highway. This acceptance will not be
unreasonably withheld.
Page 3 of 7
County Agreement No. D09 -082
F. Find that the County Project is in conformance with the City's General
Plan per Section 65402 of the Government Code.
ARTICLE 5. CHANGE ORDERS AND DESIGN ADDENDA.
County will provide the City with all proposed Project design addenda and construction
change orders. The County will not proceed with any design changes or change orders
related solely to the design of the Project without City's written approval. City's
approval/disapproval of said design changes or change orders shall be made within ten
(10) working days of receipt.
ARTICLE 6. ENVIRONMENTAL DOCUMENTATION
County shall be responsible for compliance with the California Environmental Quality
Act ( "CEQA ") for the construction activities associated with County's project as
described in this Agreement.
ARTICLE 7. INDEMNIFICATION & HOLD HARMLESS.
City shall defend, indemnify, and hold harmless the County, and its officers, employees
and agents with respect to any claim damage, loss, cause of action, lawsuit or proceeding
that arises out of or is in any way related to any act or omission by City or its officers,
employees or agents in the performance or non - performance of any duty or obligation
pursuant to this Agreement. County shall defend, indemnify, and hold harmless the City
and its Officers, employees and agents with respect to any claim, damage, loss, cause of
action, lawsuit or proceeding that arises out of or is in any way related to any act or
omission by County or its officers, employees, or agents in the performance or non-
performance of any duty or obligation pursuant to this Agreement.
ARTICLE 8. BUSINESS LICENSE
County shall require its construction contractor and any and all subcontractors to obtain a
City of Newport Beach Business License.
ARTICLE 9. ENCROACHMENT PERMIT
City shall issue the County an Encroachment Permit to construct the County Project
based on plans approved by the City Engineer. County shall require the construction
contractor to obtain a City of Newport Beach Encroachment Permit Rider for that portion
of work within the City's right -of -way. The City of Newport Beach Encroachment Rider
consists of contact information, verification of City Business License, and Contractor's
Insurance. The encroachment rider does not entail any additional plan check/review. All
City fees shall be waived.
ARTICLE 10. INSURANCE
Page 4 of 7
County Agreement No. D09 -082
County shall require its construction contractor to maintain policies of Worker's
Compensation Insurance and General Liability Insurance, acceptable to the City, for
personal injury and property damage, including motor vehicle operators,
products /completed operations liability and blanket contractual liability during all times
of the construction contract in an amount consistent with County's established insurance
polices for construction agreements. Such polices shall name the County and the City, its
officers, agents and employees as additional insureds thereon.
ARTICLE 11. TERM
The term of this Agreement shall be in full force and effect until the specified
responsibilities of the Parties have been fulfilled or rescinded by both Parties.
ARTICLE 12. NOTICES
Any notice or other written instrument required or permitted by this Agreement to be
given to either Party shall be deemed received when either personally served or by
facsimile, or forty -eight (48) hours after being deposited in the U.S. Mail, postage
prepaid, registered or certified, and addressed as follows:
To County: OC Public Works /OC Engineering
Attn: Ignacio G. Ochoa
Director of OC Engineering/Chief Engineer
PO Box 4048
Santa Ana, CA 92702 -4048
To City: City of Newport Beach
Attn: Dave Webb
Deputy Public Works Director /City Engineer
3300 Newport Blvd., P.O. Box 1768
Newport Beach, CA 92658
ARTICLE 13. ATTORNEYS' FEES
hi the event suit is brought by either Party to enforce the terms and provisions of this
Agreement, or to secure the performance hereof, each Party shall bear its own attorneys'
fees.
ARTICLE 14. FORCE MAJEURE
Except for the payment of money, neither Party shall be liable for any delays or other
non - performance resulting from circumstances or causes beyond its reasonable control,
including, without limitation, fire or other casualty, Act of God, strike or labor dispute,
war or other violence, acts of third parties not within City's or County's reasonable
control or any law, order or requirement of any governmental agency or authority.
Page 5 of 7
County Agreement No. D09 -082
ARTICLE 15. GOVERNING LAW & VENUE
This Agreement 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 the
jurisdiction of such court, notwithstanding the provisions of Code of Civil Procedure
Section 394. The Parties agree to waive any and all rights to request that an action be
transferred for trial to another County.
ARTICLE 16. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement between the Parties
and supersedes all previous negotiations between them pertaining to the subject matter
thereof.
ARTICLE 17. WAIVER
A waiver of a breach of the covenants, conditions or obligations under this Agreement by
either Party shall not be construed as a waiver of any succeeding breach of the same or
other covenants, conditions or obligations of this Agreement.
ARTICLE 18. MODIFICATION
Alteration, change or modification of this Agreement shall be in the form of a written
amendment, which shall be signed by each Party.
ARTICLE 19. ASSIGNMENT
Neither party shall assign its performance of this Agreement, nor any part thereof,
without the prior written consent of the non - assigning party.
ARTICLE 20. TERMINATION
Either Party may at any time prior to award of the County Project, and without cause,
terminate this Agreement, upon not less than thirty (30) calendar days' written notice to
the other Party. Such termination shall be effected by delivery to the other Party of a
notice of termination specifying the effective date of the termination and the extent of the
work to be terminated.
ARTICLE 21. COUNTERPARTS
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.
Page 6 of 7
County Agreement No. D09 -082
ARTICLE 22. AVAILABILITY OF FUNDS
This Agreement is subject to the availability of funds appropriated for this purpose, and
nothing herein shall be construed as obligating the Parties to expend or as involving the
Parties in any contract or other obligation for future payment of money in excess of
appropriations authorized by law.
Page 7 of 7
County Agreement No. D09 -082
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 of the State of
California
By:
Keith Curry, Mayor
Date:
ATTEST:
Leilani Brown, City Clerk
Date:
APPROVED AS TO FORM:
By
M tte 'e c A st. City Attorney
Date: /'all If
Page 8 of 7
COUNTY OF ORANGE,
a political subdivision of the State of California
Bv:
Chair of the Board of Supervisors
Date:
Orange County Development Agency
a public body, corporate and politic
By:
Executive Director
Date:
Signed and certified that a copy of this
document has been delivered to the Chair of
the Board of Supervisors
Darlene J. Bloom
Clerk of the Board of Supervisors of
Orange County, CA
Date:
Approved as to Form:
County Counsel
Orange County, California
Deputy
Page 9of7
County Agreement No. D09 -082
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COOPERATIVE AGREEMENT
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