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