HomeMy WebLinkAboutC-5562 - Cooperative Agreement for the Irvine Avenue Pavement Rehabilitation projectAgreement 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 17 4-LA day of SE pTt=MGe2
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 constructioncost 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 from 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 of 6
Agreement No. D13-081
approved PS&E and CCO's for Project.
5. 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 Report 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.
7. 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 fonns 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 bi.d 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) days 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
Page 2 of 6
Agreement No. D13-081
indicated on
aid
nvoice.
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
teams 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 of 6
Agreement No. D13-081
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. Attomey'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 the jurisdiction of such
court, notwithstanding Code of Civil Procedure Section 394.
25. Counterparts This Agreement may he 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. Termination In the event County or City defaults in the perfoiuiance 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 of 6
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
By: %/✓f /���%
Keith D. Curry, Mayor
Date:
ATTEST:
Date:
Leilani Brown, City Clerk
JC-v1e3
APPROVED AS TO FORM:
By:
Date:
Aaron C. Harp, City Attorney
vetklw
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
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 of Supervisors of
Orange County CA
Date:
APPROVED AS TO FORM:
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By:
Date:
Page 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
7r
MONTE VISTA
rF
/ / /_L / / / / / / / / / ! / / /
.,overlay location maps.dgn 7/17/2013 1:38:03 PM
08/07/2013
Exhibit B
1
Engineer's Estimate for Cooperative Agreement with City of Newport Beach
Asphalt Overlay Resurfacing of Various Streets in Orange County, 2012-13
Irvine Avenue
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.
RPM - Reflective Blue
$8.50
$25.50
16
28
EA.
RPM - Reflective Clear
$2.50
$70.00
17
E.A.
Traffic Detector Loops: Irvine Ave @ University Drive (Advanced ES)
$500.00
$500.00
TOTAL
$150,832,48
RESOLUTION NO. 2013-65
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
WHEREAS, the County of Orange proposes to improve said portion of Irvine
Avenue; and
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 13th day of August, 2013.
Keith D. Curry, Mayor
ATTEST:
Leilani I. Brown, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF NEWPORT BEACH
SS.
I, Leilanl I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No, 2013-65 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 131h day of August, 2013, and that the same
was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Petros, Hill, Selich, Henn, Mayor Curry
Nays: None
Absent: Daigle
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 141h day of August, 2013.
City Clerk
Newport Beach, California
(Seal)
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
September 17, 2013
5'ubmittingAgency/Department: OC PUBLIC WORKS
Approve agreement D 13-081 with the City of Newport Beach for asphalt overlay of Irvine Avenue from University Drive
to Monte Vista Avenue ($150,832); adopt resolution declaring City of Newport project area to be a County highway; and
make California Environmental Quality Act findings - District 2
The following is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER 0
Unanimous I7 (1) NGUYEN: Y (2) MOORLACH: Y (3) SPITZER: 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) 13-088
0 Ordinances(s)
1 1 Contract(s) 612 «C,
Item No. 22
Special Notes:
Copies sent to:
OCPW: Steve Clayton
Eric Swint
q 2r)-l3
I certify that the foregoing is a true and correct copy of the Minute Order adopter
by the Board of Supervisors , Orange County. State of California
Susan Novak, Clerk of the Board
Staffing Impact: No # of Positions:
Current Fiscal Year Revenue: N/A
Funding Source: OC Road Fund 115:100% (reimbursed
by the City of Newport Beach)
Prior Board Action: 06/18/13 #70
AGENDA STAFF REPORT
C
MEETING DATE:
LEGAL ENTITY TAKING ACTION:
BOARD OF SUPERVISORS DISTRICT(S):
SUBMITTING AGENCY/DEPARTMENT:
DEPARTMENT CONTACT PERSON(S):
Agenda Item
ASR Control 13-001018
09/17/13
Board of Supervisors
2
OC Public Works (Approved)
Kevin Onuma (714) 647-3939
Victor Valdovinos (714) 955-0221
SUBJECT: Agreement with the City of Newport Beach
CEO CONCUR
Concur
COUNTY COUNSEL REVIEW
Approved Agreement(s) and
Resolution(s)
CLERK OF THE BOARD
Consent Calendar
3 Votes Board Majority
Budgeted: Yes Current Year Cost: $150,832 Annual Cost: N/A
Sole Source: No
County Audit in last 3 years No
Year of Audit
RECOMMENDED ACTION(S):
1. Find that the subject Project was previously determined to be Categorically Exempt from the
California Environmental Quality Act (CEQA) per sections 15301 & 15302 (Classes 1 and 2) of the
CEQA Guidelines, which provide for the exemption for minor alterations to public facilities or
structures (Class 1), and provide for the replacement or reconstruction of existing structures and
facilities (Class 2) at the time the Project Plans and Special Provisions were approved on March 19,
2013. No substantial changes have been made in the project; no substantial changes in the
circumstances under which the Project is being undertaken; and no new information of substantial
importance to the Project, which was not known or could not have been known when the previous
CEQA finding was adopted has become known, and no further environmental review is required.
2. Adopt a Resolution declaring the City of Newport Beach (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. Approve Cooperative Agreement No. D13-081 with the City for a total estimated payment of
$1.50,832 from the City to the County for the asphalt overlay of Irvine Avenue from University Drive
to 317 feet south of Monte Vista Avenue.
Page 1
SUMMARY:
Approving Cooperative Agreement D13-081 with the City of Newport (City) for $150,832 will allow the
County to perform an asphalt overlaying of Irvine Avenue from University Drive to 317 feet south of
Monte Vista Avenue and receive payment from the City for said overlay.
BACKGROUND INFORMATION:
On June 18, 2013, your Board awarded a Contract to R.J. Noble Company in the amount of $5,088,226
for the Asphalt Overlay Resurfacing of Various Streets in Orange County 2012-13 Project in the
unincorporated County areas of East Tustin, Fountain Valley Island, Irvine Island, Northeast Tustin, Red
Hill, and Santa Ana Heights Island. The County as Project lead was responsible for the preparation of
plans and specifications, construction, construction administration, and preparation of all documents
necessary to deliver the Project including, but not limited to CEQA documentation and permits.
Approval of Cooperative Agreement D13-081 (Agreement) between the County and the City of Newport
Beach (City) will provide for the seamless delivery of public improvements. The work in the City portion
of Irvine Avenue from University Drive to 317 feet south of Monte Vista Avenue will be implemented
through the current asphalt overlaying contract between the County and R.J. Noble Company. The
amounts identified in the Agreement are estimated to be $150,832 for the asphalt overlaying of Irvine Ave
within City limits. The City will be responsible for the actual costs of work performed in accordance with
the terms of the Agreement.
Compliance with CEQA: The subject Project was previously determined to be Categorically Exempt
from the California Environmental Quality Act (CEQA) per sections 15301 & 15302 (Classes 1 and 2) of
the CEQA Guidelines, which provide for the exemption for minor alterations to public facilities or
structures (Class 1), and provide for the replacement or reconstruction of existing structures and facilities
(Class 2) at the time the Project Plans and Special Provisions were approved on March 19, 2013.
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
EXHIBIT(S):
Exhibit A - Location Map
Exhibit B - City Highway Resolution
ATTACHMENT(S):
Page 2
Attachment A - Cooperative Agreement D 13-081
Attachment B - County Highway Resolution
Page 3
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
September 17, 2013
WHEREAS, the County of Orange proposes to construct roadway improvements on
Irvine Avenue from University Drive to 317 feet south of Monte Vista Avenue in the Santa Ana
Heights area of the County ("Project"), and a portion of Irvine Avenue from University Drive to
317 feet south of Monte Vista Avenue is within the City of Newport Beach; and
WHEREAS, the City Council of the City of Newport Beach adopted a resolution on
August 13, 2013 (file on copy with the Orange County Clerk of the Board) declaring portions of
Irvine Avenue within the City of Newport Beach to be a County highway for the purposes of
roadway improvements during the period of Project construction, pending the Orange County
Board of Supervisor's resolution declaring the same; and
WHEREAS, the County of Orange and the City of Newport Beach have entered into Agreement
No. D13-081 to define the responsibilities of the County and the City with respect to construction of
City's Street(s); and
WHEREAS, Streets & Highways Code Sections 1700-1704 set forth procedures by which the
County may perform improvements on City Street(s).
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that City's Street(s) are hereby
declared to be a County highway for the purposes of design, right-of-way acquisition, and construction by
the County of Orange.
BE IT FURTHER RESOLVED that the Clerk of the Board is hereby authorized and directed
to transmit to the City Council of the City of Newport Beach a certified copy of this Resolution,
and that City's Street(s) shall become a County highway upon the consent of the City Council.
BE IT FURTHER RESOLVED that upon the filing of a Notice of Completion that all
improvements to City's Street(s) are complete, the Board of Supervisors hereby declares City's Street(s)
to no longer be a County highway, and instructs OC Public Works to file copies of this Resolution and the
Resolution No, 13-088 Item No. 22 Page 1 of 2
Declaration of Irvine Avenue within the City of Newport Beach Between Irvine Avenue from University
Drive to 317 Feet South of Monte Vista Avenue to be a County Highway for the Duration of Construction
Notice of Completion with the City Clerk. Ten days after said filing, City's Street(s) shall cease to be a
County highway.
Resolution No, 13-088, Item No. 22 Page 2 of 2
Declaration of Irvine Avenue within the City of Newport Beach Between Irvine Avenue from University
Drive to 317 Feet South of Monte Vista Avenue to be a County Highway for the Duration of Construction
The foregoing was passed and adopted by the following vote of the Orange County Board of
Supervisors, on September 17, 2013, to wit:
AYES:
NOES:
EXCUSED:
ABSTAINED:
Supervisors: JOHN M.W. MOORLACH, PATRICIA BATES, JANETNGUYEN
TODD SPITZER, SHAWN NELSON
Supervisor(s):
Supervisor(s):
Supervisor(s):
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
I, SUSAN NOVAK, 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:
Agenda Date:
Rem No:
13-088
09/17/2013
22
SUSA NOVAK
Clerk of the Board
County of Orange, State of California
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
Susan Novak, Clerk o ervisors
By:
Depu