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HomeMy WebLinkAbout06 - C-3411 - Declare Irvine Avenue as a County HighwayMarch 12, 2002 CITY COUNCIL AGENDA ITEM NO. 6 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: AGREEMENT WITH THE COUNTY OF ORANGE TO DECLARE A PORTION OF IRVINE AVENUE AS A COUNTY HIGHWAY DURING THE IRVINE AVENUE REALIGNMENT CONSTRUCTION PROJECT - CONTRACT NO. 3411 RECOMMENDATIONS: 1. Approve an Agreement with the County of Orange for responsibilities and cost sharing for the Irvine Avenue (University Drive to Bristol Street) Realignment Project - including the intersection of Mesa Drive, and City water transmission main. 2. Adopt Resolution No. 2002- declaring a portion of Irvine Avenue owned by the City to be a County Highway during construction of the project. DISCUSSION: The City and the County of Orange share the street right -of -way on Irvine Avenue between Bristol Street and University Drive. This roadway is designated as a six -lane divided arterial highway, however it is currently four lanes and experiences traffic congestion during the peak hours. In FY 00 -01, the City was successful in obtaining Measure M competitive funds amounting to approximately $1.4 million to match the City and County's share of the right -of -way and construction costs for the $3 million street widening project. Since then, the City has turned over the lead agency role to the County because their staff is designing, acquiring the right -of -way, and administering the construction activities. Right -of -way acquisition is scheduled to take place within the next 18 months and construction will follow the acquisition. Two other construction projects are being incorporated into the Irvine Avenue widening project. One is at the intersection of Mesa Drive, where the street will be striped to allow for an additional left turn movement from westbound Mesa Drive onto southbound Irvine Avenue. This will help alleviate the traffic back up in the existing single left turn lane. Right -of -way acquisition will be necessary on the west side of the intersection, SUBJECT: AGREEMENT WITH THE COUNTY OF ORANGE TO DECLARE A PORTION OF IRVINE AVENUE AS A COUNTY HIGHWAY DURING THE IRVINE AVENUE REALIGNMENT CONSTRUCTION PROJECT - CONTRACT NO. 3411 March 12, 2002 Page 2 which is County territory. The other project is the construction of a City -owned water transmission main in Irvine Avenue for the total length of the street project. The new 24 -inch water transmission main will replace and upgrade an existing 12 -inch steel transmission main that has had several failures in the past. In addition, the Water Master Plan recommends increasing capacity between the airport area and the rest of the City's service area. The City will be constructing other portions of the Irvine Avenue 24 -inch Transmission main between Dover Drive and University Drive under separate contracts. The first Contract will be awarded this fiscal year for the reach between Santiago and University Drives. The Agreement provides for the City to reimburse the County in three phases for the work within the City portion of the project. As the design, right -of -way appraisal, and construction phases are completed, the County will invoice the City for its share of the costs. The City has budgeted $350,000 this fiscal year from the Transportation and Circulation Fund to cover this year's costs and will budget additional amounts from the Transportation and Circulation Fund next fiscal year for the remainder of the costs. Since the County is the lead agency and will be administering the construction of the project, the Streets and Highways Code requires that the City, by Resolution, declare that the project within City limits be a County Roadway during construction. Upon completion of the project, the City will accept ownership and maintenance of the facilities within City jurisdiction. WORKS DEPARTMENT G. Badum, Director - 11 - City Engineer Attachments: Agreement Resolution Location Map RESOLUTION NO. 2002 - 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, that portion of Irvine Avenue from University Drive.to Bristol Street and lying within the City limits of the City of Newport Beach 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 with said improvement of Irvine Avenue by County and 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 and ordered 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. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to transmit to the Board of Supervisors of the County of Orange a certified copy of this Resolution. Adopted this day of 12002. Mayor ATTEST: City Clerk f: \usem\pbw\shared\resoluLon \irvine aw relignmentdo AGREEMENT THIS AGREEMENT, made and entered into this 2002. BY AND BETWEEN Agreement No. D98 -096 day of THE CITY OF NEWPORT BEACH, a Municipal Corporation in the State of California hereinafter referred to as "CITY". THE COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "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 [Inc 1 of 10 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 - NOAH) 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 PROTECT 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. Pa.-e 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.). II. CITY shall: 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. Page 4 of 10 Agreement No. D98 -096 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 Page 5 of 10 Agreement No. D98 -096 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. 1II. 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. Page 6 of 10 Agreement No. D98 -096 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 H. 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 terns of the contract, CITY shall accept maintenance responsibility for the portion of PROJECT within CITY limits. Page 7 of 10 Agreement No. D98 -096 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. Pale 8 of 10 Agreement No. D98 -096 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 Page 9 of 10 Agreement No. D98 -096 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: ATTEST: City Clerk Date: THE CITY OF NEWPORT BEACH, a municipal corporation ffm Mayor APPROVED AS TO FORM: City Attorney COUNTY OF ORANGE, a political subdivision of the State of California M 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 LO-M Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California BENJAMIN P. de MAYO, Page 10 of 10