HomeMy WebLinkAboutC-3653 - Agreement No. D98-096(for Irvine Avenue Widening - Mesa Drive to Bristol Street)ORANGE COUNTY BOARD OF SUPERf�W.l� /ED'
MINUTE ORDER
1110 SEP 28 AH 9: 3
September 21, 2010-
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SubmittingAgency /Department.• OC PUBLIC WORKS CITY Ju "? SEA„H
Adopt resolution relinquishing County jurisdiction over portions of Irvine Avenue Widening Project, Newport Beach -
District 2
The following is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER ❑
- Jnanhati 0 -(1) NGUYEN Y (2) MOORLACH Y (3) CAMPBELL: Y(4) NELSON: Y(5) BATES: Y
Vote Key: Y =Yes; N =No,- A= Abstain; X= Excused, B.O. =Board Order
Documents accompanying this matter:
® Resolution(s) 10 -175
❑ Ordinances(s)
❑ Contract(s)
Item No. 17
Special Notes:
Copies sent to:
CEO
OCPW: Ignacio Ochoa
Linda Schorer
9 - atr -io
E'j5'RO-775�7)"',-'
I certify that the foregoing is a true and correct copy of the Minute Order
adopted by the Board of Supervisors, Orange County, State of California.
DARLENE J.J. BLOOM Ierk of the Board
By:
Deputy
9�
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O M
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MEETING DATE:
Agenda Item
AGENDA STAFF REPORT
LEGAL ENTITY TAKING ACTION:
BOARD OF SUPERVISORS DISTRICT(S):
SUBMITTING AGENCY/DEPARTMENT:
DEPARTMENT CONTACT PERSON(S):
ASR Control 10- 001127
09/21/10
Board of Supervisors
OC Public Works (Approved)
Ignacio Ochoa (714) 667 -3213
Octavio Rivas (714) 567 -7801
SUBJECT: Relinquish Jurisdiction: Irvine Avenue Widening
CEO CONCUR COUNTY COUNSEL REVIEW CLERK OF THE BOARD
Concur_ _ ---- Approved-Resolution to Form __ _ -- - -Consent Calendar
3 Votes Board Maioritv
Budgeted: N/A
Current Year Cost: N/A
Staffing Impact: No # of Positions:
Current Fiscal Year Revenue: N/A
Funding Source: N/A
Annual Cost: N/A
Sole Source: N/A
Prior Board Action: April 9, 2002; March 8, 2005; June 19, 2007; October 2, 2007
RECOMMENDED ACTION(S):
Adopt a Resolution relinquishing County jurisdiction over the portions of the Irvine Avenue Widening
Project from southerly of Mesa Drive to southeast Bristol Street within the City of Newport Beach.
SUMMARY:
Relinquishing jurisdiction over the portions of Irvine Avenue lying within the project limits to the City of
Newport Beach satisfies the requirements of Streets and Highways Code Section 1704 in declaring that
those portions of the project are no longer a County Highway.
BACKGROUND INFORMATION:
This project was located partly within the City of Newport Beach (City) and partly within the
unincorporated area of Santa Ana Heights. On April 9, 2002, your Board approved Agreement D98 -096
with the City of Newport Beach for the Widening of Irvine Avenue between University Drive and Bristol
Street and adopted Resolution No. 02 -094 declaring portions of Irvine Avenue between University Drive
and Bristol Street, lying within the City, to be a County Highway for the purpose of improvement. The
subject agreement directed the County to administer the design, advertisement, and construction of the
project. On March 8, 2005, your Board adopted Resolution No. 05 -043 revising the project limits and
Page 1
declaring portions of Irvine Avenue, Mesa Drive, and Orchard Drive, lying within the City, to be a
County Highway for the purposes of right -of -way acquisition and improvement.
On June 19, 2007, your Board approved the bid documents and authorized the Clerk of the Board to
advertise the project for bids. On October 2, 2007, your Board accepted the low bid and awarded the
construction contract to Griffith Company. Construction work was completed on March 8, 2010 and the
Notice of Completion was recorded on July 28, 2010. Since the improvements have been completed, OC
Public Works recommends relinquishing jurisdiction back to the City for the portions of Irvine Avenue
lying within the City. Thereafter, City and County will own and operate the improved portions within
their jurisdictions.
Compliance with CEQA: On June 19, 2007, Final Negative Declaration No. IP02 -129, previously
adopted by the Board on March 8, 2005, was found adequate to satisfy the requirements of CEQA and
was approved for this project.
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
EXHIBIT(S):
Exhibit A - Draft Resolution
Exhibit B - Location Map
Page 2
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
September 21, 2010
WHEREAS, the Board of Supervisors of the County of Orange on March 8, 2005, in
accordance with Section 1700, Article 3, Chapter 9, Division 2 of the Streets and Highways
Code, adopted Resolution No. 05 -043 declaring Irvine Avenue from southerly of Mesa Drive to
SE Bristol Street, lying within the city limits of the City of Newport Beach to be a County
Highway for the purpose of right -of -way acquisition and making improvements known as the
_ -Irvine Avenue Widening; and
WHEREAS, the County of Orange has completed the improvements described in said
resolution; and
WHEREAS, it is the intention of the Board of Supervisors of the County of Orange to
relinquish jurisdiction of said avenue to the City of Newport Beach within whose city limits said
avenue is located.
NOW, THEREFORE, BE IT RESOLVED that pursuant to Section 1704, Article 3,
Chapter 9, Division 2 of the Streets and Highways Code, the Board of Supervisors of the County
of Orange does hereby declare that the previously declared Irvine Avenue from southerly of
Mesa Drive to SE Bristol Street, lying within the city limits of the City of Newport Beach
designated in Resolution No. 05 -043, is no longer a County Highway; and
BE IT FURTHER RESOLVED that the Clerk of the Board is hereby instructed to
transmit to the City Clerk of the City of Newport Beach a certified copy of this resolution.
Resolution No. 10 -175. Item No. 17
Declare that Irvine Avenue from southerly of Mesa Drive to SE Bristol Street, lying within the
city limits of the City of Newport Beach is no longer a County Highway.
Page 1 of 1
The foregoing was passed and adopted by the following vote of the Orange County Board of
Supervisors, on September 21, 2010, to wit:
AYES: Supervisors: BILL CAMPBELL, JOHN M. W. MOORLACH, SHAWN NELSON
PATRICIA BATES, JANET NGUYEN
NOES: Supervisor(s):
EXCUSED: Supervisor(s):
ABSTAINED: Supervisor(s):
CHAIRMAN
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
I, DARLENE J. BLOOM, Clerk of the Board of Orange County, California, hereby
certify that a copy of this document has been delivered to the Chairman of the Board and that
the above and foregoing Resolution was duly and regularly adopted by the Orange County
Board of Supervisors.
IN WITNESS WHEREOF, I have hereto set my hand and seal.
. '/ 'j ""� 0
D ENE J. BLOOM
Clerk of the Board
County of Orange, State of California
Resolution No: 10 -175
Agenda Date: 09/21/2010
Item No: 17
I certify that the foregoing is a true and correct copy of the Resolution
adopted by the Board of Supervisors, Orange County, State of California
DARLENE J�lerk of ®hcard of Supervisors
By: —/
Deputy
ORANGE COUNTY BOARD OF SUPER f i W—VED
MINUTE ORDER
September 21, 2010
?PT SEP 28 AM 9: 3 v
OF
TI' ,C`IYCLEFK
Submitting Agency /Department: OC PUBLIC WORKS CITY
Adopt resolution relinquishing County jurisdiction over portions of Irvine Avenue Widening Project, Newport Beach -
District 2
The following is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER 11
Unanimous ® (1) NGUYEN: Y (2) MOORLACH: Y (3) CAMPBELL: Y (4) NELSON: Y (5) BATES: Y
Vote Key: Y =Yes; N =No; A= Abstain; X= Excused; B.O. =Board Order
Documents accompanying this matter:
® Resolution(s) 10 -175
❑ Ordinances(s)
0 Contract(s)
Item No. 17
Special Notes:
Copies sent to:
CEO
OCPW: Ignacio Ochoa
Linda Schorer
9 - atr -10
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C9LIFOR�I
I certify that the foregoing is a true and correct copy ofthe Minute Order
adopted by the Board of Supervisors , Orange County, State of California
DARLENE J. BLOOM lerk of the Board
By:
Deputy
e 3y11
Amendment Noto Agreement No. D98 -096
AMENDMENT NO. 1 to AGREEMENT D98 -096
THIS AMENDMENT NO. 1 to AGREEMENT D98 -096, is made and entered into this
2 (tD day of IN 2007.
BY AND BETWEEN
THE CITY OF NEWPORT BEACH, a
Municipal Corporation in the State of
California hereinafter referred to as "CITY ".
•`W®R
THE COUNTY OF ORANGE, a political
subdivision of the State of California,
hereinafter referred to as
"COUNTY ".
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 "PROJECT" 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
l
EXHIBIT A attached hereto and by this reference made a part hereof; and
Page 1 of 4
0 0
Amendment No. I 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°/x) 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:
I. 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
0 0
Amendment No. 1 to Agreement No. D98 -096
( 3. The parties acknowledge that each party and its counsel have reviewed this
I
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
C
• •
Amendment No. 1 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.
Date: ntoVelolet, 2S. zcx
ATTEST:
City Clerk
Date: I — %3 —07
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
THE CITY OF NEWPORT BEAC
a municipal co ation
By:
Mayor
APPROVED AS TO FORM:
City Attorney
COUNTY OF ORANGE,
a political subdivision of the State of
California
By: , W404A��
Chair, Board of Supervisor
o i
%LC�rjU v y jm—q �. :..
Clerk of the Board of Supervisors of
Orange County, California
Page 4 of 4
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ORANGE COUNTY BOARD OF SUPERVISORS RECEIVED
MINUTE ORDER
March 08, 2005 '05 MAR 22 A9 -25
- rl;
Submitting Agency/ Department: RESOURCES AND DEVELOPMENT MANAGEMENT DEPAktMlii T".i f P ; Cli
Adopt Negative Declaration IP 02 -129; approve revised project limits for Irvine Avenue widening project from Mesa
Drive to SE Bristol Street; and adopt resolution declaring portions of Irvine Avenue, Mesa Drive and Orchard Drive as
County highways for right -of -way acquisition and construction purposes - District 2 (4/5 vote)
The following is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER O
Unanimous ® (1) CORREA: Y (2) SILVA: Y (3) CAMPBELL: Y (4) NORBY: Y (5) WILSON: Y
Vote Key: Y= Yes; N =No; A= Abstain; X= Excused, B. 0. =Board Order
Documents accompanying this matter:
® Resolution(s) 05 -043
0 Ordinances(s)
O Contract(s)
Item No. 9
Special Notes:
Copies sent to:
��A s
9hk J`�
I certify that the foregoing is a true and correct copy of the Minute Order
adopted by the Board of Supervisors, Orange County, State of California
DARLENE J. BLOOM, Clerk of the Board
By. _y — v — —
puty
0
Agenda Item
AGENDA STAFF REPORT
LEGAL ENTITY TAKING ACTION:
BOARD OF SUPERVISORS DISTRICT(S):
SUBMITTING AGENCYIDEPARTMENT:
DEPARTMENT CONTACT PERSON(S):
ASR Control 04- 002359
03/08/05
Board of Supervisors
Resources and Development Management Department
(Approved)
Javier Soto, (714) 834 -6703
Ed Kwan, (714) 834 -4477
SUBJECT: Irvine Avenue Widening Improvement Project
CEO CONCUR COUNTY COUNSEL REVIEW CLERK OF THE BOARD
Concur N/A Consent Calendar
415 Vote
Budgeted: N/A
Current Year Cost: 0
Staffing Impact: No # of Positions:
Current Fiscal Year Revenue: N/A
Funding Source: Road Funds: 100%
Annual Cost: 0
Sole Source: N/A
Prior Board Action: Board Minute Order dated 4/9/02 approved Cooperative Agreement No. D98 -096
between the County and city of Newport Beach for widening of Irvine Avenue between University Drive and
SE Bristol Street
RECOMMENDED ACTION(S)
1. Adopt Negative Declaration No. 1P 02 -129, as recommended, finding it complete and adequate to
satisfy compliance with CEQA.
2. Approve revised project limits for Irvine Avenue Widening Improvement Project, from southerly of
Mesa Drive to SE Bristol Street.
3. Adopt resolution declaring portions of Irvine Avenue, Mesa Drive and Orchard Drive within the City
of Newport Beach to be County highways for right -of -way acquisition and construction purposes.
4. Authorize transmittal of the aforesaid resolution to the City of Newport Beach.
SUMMARY:
Resources & Development Management Department (RDMD) requests Board adoption of Negative
Declaration IP No. 02 -129 for the Irvine Avenue Widening Improvement Project; approval of the revised
project limits for the Irvine Avenue Widening Improvement Project; adoption of a resolution declaring
portions of Irvine Avenue, Mesa Drive and Orchard Drive within the City of Newport Beach to be County
Highways for right -of -way acquisition and construction purposes; and authorization of transmittal of
aforesaid resolution to the City of Newport Beach.
Page 1
9 0
BACKGROUND INFORMATION:
The subject project is located partly in unincorporated County territory and partly in the City of Newport
Beach. In conformance with the Orange County Master Plan of Arterial Highways (MPAH), the project
proposes to widen Irvine Avenue from a 4 -lane Primary Arterial Highway to a 6 -lane Modified Major
Arterial Highway, from southerly of Mesa Drive to SE Bristol Street.
On April 9, 2002, your Board approved Cooperative Agreement No. D98 -096 between the
County and City of Newport Beach for widening of Irvine Avenue between University Drive and SE
Bristol Street. Although the original project limits were between University Drive and SE Bristol Street,
recent traffic studies show that current traffic volumes between University Drive and Mesa Drive do not
justify the need to construct ultimate improvements at this time. Therefore, the County and City of
Newport Beach mutually agreed to defer widening this roadway segment until operational levels justify
such work.
For the segment southerly of Mesa Drive to SE Bristol Street, the project will improve traffic movement,
provide continuous sidewalk, curb & gutter, and striped bike lane on both sides of the roadway, provide
additional turning lanes at the Mesa Drive and Orchard Drive intersections, and will include retaining
walls at various locations along the project.
Board Resolution No. 02 -094, adopted April 9, 2002, declared portions of Irvine Avenue between
University Drive and Bristol Street lying within the City Limits of Newport Beach to be a County
highway for the purpose of improvement. An additional resolution is required to declare these portions of
Irvine Avenue, Mesa Drive and Orchard Drive to be County highways for the purposes of right -of -way
acquisition and construction. Approval of this action requires a 4/5 Board majority.
COMPLIANCE WITH CEQA:
Negative Declaration No. IP 02 -129 has been prepared and was posted for public review from November
5, 2004 through December 5, 2004. It is attached for your consideration and must be approved prior to
project approval with the following recommended finding to ensure its adequacy to satisfy the
requirements of CEQA.
In accordance with Section 21080(c)of the Public Resources Code and CEQA Guidelines, Section 15074,
Negative Declaration No. IP 02 -129, which reflects the independent judgement of the lead agency,
Orange County, satisfies the requirements of CEQA. It is recommended for adoption for the proposed
project based upon the following findings:
a. The Negative Declaration and comments received during the public review process were considered
and the Negative Declaration was found adequate in addressing the impacts related to the proposed
project;
b. There is no substantial evidence that the proposed project, with the implementation of the mitigation
measures identified in the Negative Declaration, will have a significant effect on the environment;
c. Mitigation measures were included along with incorporation of proposed project design features; and
therefore, such mitigation measures will be required as conditions for project approval;
Page 2
0 0
d. All mitigation measures, if any, are fully enforceable pursuant to CEQA Statutes Section 21081.6(b)
and have either been incorporated as conditions in the design or part of the procedures of the proposed
project; and
e. If mitigation measures are included, pursuant to Public Resources Code Section 21081.6, the
Mitigation Monitoring and Reporting Program is adopted for the proposed project.
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
REVIEWING AGENCIES:
Resources & Development Management Department
ATTACHMENT(S):
1. Negative Declaration IP 02 -129
2. Location Map
3. Draft Resolution
Page 3
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RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
March 8, 2005
WHEREAS, those portions of Irvine Avenue, Mesa Drive and Orchard Drive from University
Drive to SE Bristol Street lying within the limits of the City of Newport Beach are deemed to be
highways of County -wide importance; and
WHEREAS, in accordance with Cooperative Agreement No. D98 -096 between the County of
Orange and City of Newport Beach, the Orange County Board of Supervisors has previously declared
those portions of Irvine Avenue between University Drive and SE Bristol Street, within the City of
Newport Beach, to be a County Highway, pursuant to Section 1700, Article 3, Chapter 9, Division 2 of
the Streets and Highways Code, for the express purpose of making highway improvements; and
WHEREAS, the County of Orange now proposes to acquire right -of -way, and to construct
roadway widening along Irvine Avenue, Mesa Drive and Orchard Drive, portions of which are now
annexed within the City of Newport Beach;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that pursuant to the provisions of
Section 1700, Article 3, Chapter 9, Division 2 of the Streets and Highways Code all of those portions of
Irvine Avenue, Mesa Drive and Orchard Drive between University Drive and SE Bristol Street lying
within the City Limits of Newport Beach are hereby declared to be County highways during the period
of right -of -way acquisition and construction of improvements to said road by the County of Orange, for
those purposes.
BE IT FURTHER RESOLVED that this declaration of County highways shall take effect upon
the passage of a resolution of concurrence by the Newport Beach City Council and shall remain in full
force and effect until notice of completion of construction of said roadway widening has been filed with
the Clerk of this Board.
BE IT FURTHER RESOLVED that the Clerk of this Board be and is hereby authorized and
directed to transmit to the City Council of the City of Newport Beach a certified copy of this Resolution.
Resolution No. 05 -043 1-
Declaration of portions of Irvine Avenue, Mesa Drive and Orchard Drive from
University Drive to SE Bristol Street within the City of Newport Beach to be County highways
TAM:eg
i
The foregoing was passed and adopted by the following vote of the Orange County Board of
Supervisors, on March 08, 2005, to wit:
AYES:
Supervisors:
NOES:
Supervisor(s):
EXCUSED:
Supervisor(s):
ABSTAINED:
Supervisor(s):
STATE OF CALIFORNIA
COUNTY OF ORANGE
THOMAS W. WILSON, LOU CORREA, JAMES W. SILVA
CHRIS NORBY, BILL CAMPBELL
CHAIRMAN
I, DARLENE J. BLOOM, Clerk of the Board of Orange County, California, hereby .
certify that a copy of this document has been delivered to the Chairman of the Board and that
the above and foregoing Resolution was duly and regularly adopted by the Orange County
Board of Supervisors .
IN WITNESS WHEREOF, I have hereto set my hand and seal.
Resolution No: 05 -043
Agenda Date: 0310812005
Item No:
DARLENE J. BLOOM
Clerk of the Board
County of Orange, State of California
] certify that the foregoing is a true and correct copy of the Resolution
Easa
QM adopted by the Board of Supervisors , Orange County, State of California
Naw
DARLENE J. BLOOM, Clf the Boa of Supervisors
By:
Deputy
;,
c -3qj j
Agreement No. D98 -096
AGREEMENT
THIS AGREEMENT, made and entered into this 0& day of
2001
BY AND BETWEEN
6.
THE CIIY 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
"COUNTY ".
WITNESSETH
WHEREAS, Irvine Avenue is designated as a six lane divided Modified Major Arterial
Highway between University Drive and Bristol Street on the Master Plan of Arterial Highways;
and
WHEREAS, a portion of Irvine Avenue between University Drive and Bristol Street is
within CITY limits and a portion is within the COUNTY; and
WHEREAS, CITY and COUNTY recognize the need for widening and restriping Irvine
Avenue to increase the traffic carrying capacity; and
WHEREAS, CITY plans to replace the existing water main in this segment of Irvine
Avenue; and
WHEREAS, CITY and COUNTY recognize the need to widen Mesa Drive at it's
intersection with Irvine Avenue; and
WHEREAS, CITY and COUNTY propose to coordinate the design, right -of -way
acquisition, construction and maintenance of Irvine Avenue, and Mesa Drive at it's intersection
Page 1 of 10
5 _ , • • Agreement No. D98 -096
with Irvine Avenue and 500 feet westerly, and the design and construction of a CITY 24 -inch
water transmission main in Irvine Avenue between Bristol Avenue and University Drive,
hereinafter referred to as "PROJECT "; and
WHEREAS, CITY and COUNTY have established funding for the completion of
PROJECT; and
WHEREAS, Orange County Combined Transportation Funding Program herein after
referred to as "OCCTFP" (Measure M — Growth Management Area - GMA and Master Plan of
Arterial Highways - MPAH) will fund a portion of PROJECT cost; and
WHEREAS, CITY and COUNTY wish to specify their respective responsibilities for
performance of design, construction and maintenance for PROJECT; and
WHEREAS, CITY and COUNTY possess full authority to enter into this agreement.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
I. COUNTY Shall:
A. Be and is hereby designated as Lead Agency for Project and is responsible for
preparing, processing and securing all necessary environmental reports or documents required by
the California Environmental Quality Act (CEQA) of 1970, as amended.
B. Be responsible for addressing any mitigations that are identified in the COUNTY
and CITY portions of the PROJECT. The mitigations may involve removal of retaining walls,
removal of on- street parking, uses of surplus right -of -way, noise impacts, etc.
C. Be and is hereby designated as Project Engineer, Contracting and Construction
Agent to complete all tasks necessary to prepare construction plans, specifications, and cost
estimates, except for Mesa Drive widening and City's water transmission main plans, in
accordance with criteria set forth in the current County of Orange Highway Design Manual,
County of Orange Standard Plans, and CITY Standard Drawings, and to execute and deliver all
documents required in connection with the construction and completion of said PROJECT.
Page 2 of 10
• • Agreement No. D98 -096
D. Be responsible for identifying right -of -way requirements within the limits of the
PROJECT and for appraisal and right -of -way requirements within the limits of the PROJECT
and for appraisal and right -of -way acquisition within the COUNTY and CITY portions of
PROJECT.
E. Prepare the plans and specifications for the PROJECT in accordance with CITY
and COUNTY standards for a six lane divided arterial highway. In cases where strict adherence
to the standards of design would be impractical or unreasonable, deviations may be approved
providing they are in accordance with sound engineering practice and the public health and
safety, and conform to a plan that will, under the circumstances in such case, be practical and
reasonable.
F. Incorporate CITY plans and specifications for the 24 -inch water transmission main
and Mesa Drive widening into PROJECT PS &E (see II.F. below)
G. Submit PROJECT plans, specifications and Engineer's estimate to CITY for review
and approval by the CITY as to design, construction features and compatibility with existing and
planned improvements affecting PROJECT within CITY limits, prior to advertising PROJECT
for construction bids.
H. Upon approval of the final plans, specifications and Engineer's estimate of
PROJECT by CITY, perform all of the administrative work of advertising for bids and awarding
the construction contract to the lowest responsible bidder complying with all applicable
provisions of the Public Contract Code. Prior to award of contract, CITY shall review bids and
provide COUNTY written notice if CITY opposes award of contract to lowest responsible
bidder. If CITY or COUNTY opposes award of contract to lowest responsible bidder CITY and
COUNTY Directors of Public Works, or their designees, shall meet to determine next course of
action.
Page 3 of 10
•
• Agreement No. D98 -096
I. Concurrent with approval of this Agreement pass a resolution, pursuant to
provisions of Section 1700 of the Streets and Highway Code, declaring that portion of PROJECT
within CITY limits to be COUNTY highway for purposes of right -of -way acquisition and
construction.
J. Process only contract change orders (CCOs) that are necessary for the completion
of the PROJECT as shown on the plans and specifications approved by the CITY and the
COUNTY. Note any plan changes on record drawings. Obtain CITY approval for any CCO in
excess of $10,000, except for the water transmission main work. CITY approval shall be
obtained for all change orders related to the water transmission main. CITY shall provide a
project liaison during construction to coordinate change order approval in a timely manner.
K. Not accept improvements under the contract for the PROJECT until CITY
approves, in writing, the construction as it affects the operations and maintenance of PROJECT
within CITY limits.
L. Provide CITY, within 120 days of Notice of Completion of the PROJECT, with as-
built drawing of said PROJECT.
M. Pass a Resolution rescinding the action taken by paragraph I. above immediately
upon CITY's acceptance of the improvements (see I. J.).
"I OJIII•OM11
A. Request the COUNTY to address mitigations that are identified in the
environmental document in the CITY portion of the PROJECT. These mitigations may involve
noise, uses of surplus right -of -way, removal of retaining walls, and removal of on- street parking.
CITY shall reimburse COUNTY for all costs associated with mitigation implementation in the
CITY, less the amount of OCCTFP and other grants eligible for this portion of project costs..
B. Provide a statement of PROJECT conformance to the CITY General Plan.
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C. Reimburse COUNTY for all costs associated with right -of -way appraisals and
acquisitions in the CITY, less the amount of OCCTFP and other grants eligible for this portion of
project costs.
D. CITY agrees to assist in any discussion regarding relocation of Costa Mesa Sanitary
District facilities.
E. Fund 100% of CITY's share of actual construction cost (including utility relocation,
if any) for that portion of PROJECT construction within CITY limits as of July 1, 2001 plus a
proportionate share of engineering, administration and inspection costs based on the ratio of
CITY's construction costs to the total construction contract costs, less the amount of OCCTFP
and other grants eligible for this portion of project costs. The portion of PROJECT within CITY
limits, for reimbursement purposes, shall be as CITY and COUNTY boundaries existed as of
July 1, 2001.
F. Prepare plans and specifications (PS &E) for CITY water transmission main and
Mesa Drive widening for incorporation into the PROJECT PS &E and fund 100% of the design,
construction and construction administration cost for water transmission main.
G. Obtain a County Property Encroachment Permit for the water transmission main
and related facilities installed in County property.
H. Review the plans and specifications for a six lane Modified Major Arterial
Highway. Any additional features beyond that of a Modified Major Arterial Highway
designation or features that are not eligible for participation in the OCCTFP or other grant funds
shall be included with the plans and specifications only if the COUNTY and CITY Directors of
Public Works, or their designees, concur in writing and agree on cost sharing amounts.
I. Review and comment on the 90% complete plans (including signing and striping
plans, traffic signal plans and detour plans), specifications and Engineer's estimate as to design
and construction features affecting the construction, operation, and maintenance of the
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PROJECT within CITY. CITY shall have four weeks to review and comment on the 90% plan
submittal. COUNTY shall have two weeks from receipt of comments to make changes to final
plans and specifications; CITY shall have one week to review changes and sign plans.
J. Prepare the plans, specifications, and construction estimate for the widening of
Mesa Drive from Irvine Avenue to 500 feet westerly; submit the Mesa Drive plans,
specifications, and estimate for review and approval by COUNTY; and provide COUNTY with
final plans, specifications, and estimate for inclusion in PROJECT plans.
K. After COUNTY's Board of Supervisors passes a resolution declaring PROJECT a
COUNTY highway, CITY shall pass a resolution pursuant to provisions of Section 1701 of the
Streets and Highways Code, declaring that portion of PROJECT within CITY limits to be
COUNTY highway during the period of construction.
L. Have access to the work area at all times during the progress of construction of
PROJECT within CITY limits for the purpose of inspection and, should CITY deem any
remedial measures to be necessary, CITY shall notify COUNTY thereof. CITY shall provide a
specialty pipeline welding inspector for the installation of the water transmission main.
M. Review and approve construction of PROJECT for portions within CITY limits.
Approval shall be withheld only for work not completed per the approved plans and
specifications. CITY shall review and approve all material and shop drawing submittals for the
water transmission main.
III. PAYMENTS AND FINAL ACCOUNTING:
A. City shall bear that portion of costs for design, right -of -way acquisition, and
construction for PROJECT, that lies within the incorporated CITY boundaries as of July 1, 2001
less the amount of OCCTFP and other grants eligible for this portion of project costs.
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B. COUNTY shall bear that portion of costs design, right -of -way acquisition, and
construction of the PROJECT, that lies within the unincorporated COUNTY area as of July 1,
2001 less the amount of OCCTFP and other grants eligible for this portion of project costs..
C. CITY will bear cost for design, construction and construction administration of
water transmission main (see II. F. above).
D. CITY will reimburse County the CITY'S share for properties located partly, or
entirely, in the CITY, of right -of -way engineering costs, right -of -way appraisal costs and right-
of -way acquisition costs, less the amount of OCCTFP and other grants eligible for this portion
of project costs. Compensation shall be paid within thirty days of receipt of an invoice from the
COUNTY and contingent upon approval of appraisals.
E. COUNTY will reimburse CITY for the costs of the plans, specifications, and cost
estimate for the Mesa Drive portion of the PROJECT.
F. CITY will reimburse COUNTY the CITY's share of construction and construction
engineering costs for portions of PROJECT within the CITY, less the amount of OCCTFP and
other grants eligible for this portion of project costs. Compensation shall be paid within thirty
days of receipt of an invoice from the COUNTY. Within one hundred twenty (120) days after
the acceptance of Notice of Completion under the contract by COUNTY, COUNTY shall submit
to CITY for review and approval by CITY a Final Accounting Report for PROJECT.
IV. It is MUTUALLY UNDERSTOOD BY THE PARTIES HERETO THAT:
A. During the design phase of the PROJECT a joint public meeting shall be held by the
CITY and COUNTY to discuss the PROJECT.
B. Upon acceptance of the improvements of the PROJECT by COUNTY, and by
CITY for the CITY portion of the PROJECT, and under the terms of the contract, CITY shall
accept maintenance responsibility for the portion of PROJECT within CITY limits.
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C. Neither this agreement, nor any terms hereof, may be modified, waived, discharged
or terminated except by a written instrument executed by both COUNTY and CITY.
D. Neither COUNTY nor any officer or employee thereof shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be done by CITY under
or in connection with any work, authority or jurisdiction delegated to CITY under this
agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4,
CITY shall fully indemnify, defend and hold COUNTY harmless from any liability imposed for
injury (as defined by Government Code Section 810.8), occurring by reason of anything done or
omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction
delegated to CITY under this agreement.
E. Neither CITY nor any officer or employee thereof shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be done by COUNTY
under or in connection with any work, authority or jurisdiction delegated to COUNTY under this
agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4,
COUNTY shall fully indemnify, defend and hold CITY harmless from any liability imposed for
injury (as defined by Government Code Section 810.8), occurring by reason of anything done or
omitted to be done by CITY under or in connection with any work, authority or jurisdiction
delegated to COUNTY under this agreement.
F. During the course of the construction and right -of -way acquisition COUNTY shall
coordinate with the CITY and its designated representatives when dealing with the community to
insure that the community concerns are addressed in a manner acceptable to both the CITY and
COUNTY.
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G. Any notice, request or demand made between the parties pursuant to this
Agreement are to be directed as follows:
CITY OF NEWPORT BEACH
City Hall - Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663 -8915
Attn: Director of Public Works
COUNTY OF ORANGE
Public Facilities and Resources Department
300 N. Flower Street
Santa Ana, CA 92703 -5000
Attn: Deputy Director /Chief Engineer
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IN WITNESS WHEREOF, the CITY has caused this agreement to be executed by its
mayor and attested by its clerk, and COUNTY has caused this Agreement 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.
Date: 3113 A a-
ATTEST:
oVlle/l� M .d4jA40
City Clerk
Date:
THE CITY OF NEWPORT BEACH,
a municipal corporation
By:
May
APPROVF,D AS TO FORM:
City Attorney
COUNTY OF ORANGE,
a political subdivision of the State of
California
By: �
Chair, Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM:
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
Darl e . L
Clerk of the Board of Supervisors of
Orange County, California
BENJAMIN P. de MAYO,
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