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HomeMy WebLinkAbout25B - AGMT - EDINGER AVE BRIDGE WIDENINGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2012 TITLE: COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE FOR EDINGER AVENUE BRIDGE WIDENING c, CITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the County of Orange, subject to nonsubstantive changes approved by the City Manager and City Attorney, for the widening of Edinger Avenue from Harbor Boulevard in Fountain Valley to west of Mohawk Drive in Santa Ana, including the bridge over the Santa Ana River. DISCUSSION Edinger Avenue is one of the major arterial highways in the county, extending from Huntington Harbor in Huntington Beach to Harvard Avenue on the borders of Tustin and Irvine. The County of Orange is the lead agency for the widening of Edinger Avenue within the various jurisdictions, including the bridge over the Santa Ana River. The portion of this project consisting of the roadway between the bridge and Mohawk Drive is within the City of Santa Ana (Exhibit 1). The bridge consists of two westbound and two eastbound lanes with no sidewalks. The project will widen the bridge to accommodate three lanes in each direction, and will include bike lanes. Widening of the roadway in Fountain Valley will be required to accommodate this ultimate improvement. Until all widening work is completed, the roadway will be striped with two lanes in each direction. Other improvements include sidewalks along both sides of the bridge, new approaches, curbs, gutters, drainage upgrades, and minor pavement rehabilitation. The agreement stipulates that the County is responsible for all costs associated with the project. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. A Mitigated Negative Declaration was filed for this project by the County of Orange. 25B-1 Cooperative Agreement with the County of Orange for Edinger Avenue Bridge Widening December 17, 2012 Page 2 of 2 FISCAL IMPACT There is no fiscal impact associated with this action. r-- Raul Godinez II Executive Direct Public Works Agency RG/JG Exhibits: 1. Location Map 2. Agreement 25B-2 I I (NO SGALE) EXHIBIT 1 SANTA ANA f M" CITY COUNCL PWA ECEMBER 17,201 COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE FOR EDINGER AVENUE BRIDGE WIDENING 25B-3 25B-4 EXHIBIT 2 Agreement No. D12-025 COOPERATIVE AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF FOUNTAIN VALLEY AND CITY OF SANTA ANA FOR FUNDING AND CONSTRUCTION OF EDINGER AVENUE This Cooperative Agreement is made and entered into this day of 2013 ("Agreement"), by and between the COUNTY OF ORANGE ("County"), a political subdivision of the State of California, and the CITY OF FOUNTAIN VALLEY, a municipal corporation in the State of California, and the CITY OF SANTA ANA, a municipal corporation in the State of California (collectively, a "City" or the "Cities"). The County and Cities shall sometimes be referred to separately as a "Party" and collectively as the "Parties." RECITALS A. The Edinger Avenue Bridge over the Santa Ana River ("Bridge") is a County owned bridge that lies entirely within County right-of-way, providing two-lane travel in each direction with no existing sidewalk and no bike lanes on either side of the Bridge. B. County has identified a need to improve pedestrian and bicycle access and traffic carrying capacity of the Bridge. C. The proposed project discussed herein will: 1) construct raised sidewalks and bike lanes on both sides of the Bridge to provide pedestrian and bicyclist access, 2) widen the Bridge to a major arterial highway width, and 3) add a sidewalk along the south side of Edinger Avenue from Harbor Boulevard to the Bridge ("Project"). D. Portions of the roadways connecting to the Bridge, from approximately five hundred (500) feet east and west of the Bridge, require widening to provide a smooth transition between the widened Bridge and the existing roadways. E. The northerly side of Edinger Avenue west of Santa Ana River, the northerly side of the road, connecting to the Bridge is within the City of Fountain Valley, and the southerly side of the road is within the County. The roadway east of the Santa Ana River connecting to the Bridge is within the City of Santa Ana. F. Pursuant to State and local guidelines, County prepared and distributed a Draft Mitigated Negative Declaration and Initial Study IP 12-080 for the Project and said IP 12-080 was subsequently certified by the County Board of Supervisors as final, complete and adequate to satisfy the statutory requirements of the California Environmental Quality Act of 1970 (CEQA), as amended. G. The Cities fully support the Project and desire to cooperate with the County in implementing the Project. 2 B-5 Agreement No. D 12-025 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: 1. County and City Project Funding Obligations County will be responsible for one hundred percent (100%) of the Project costs including design, right-of-way, city-owned utility relocation, construction and construction administration. County will not be responsible for costs related to review, inspection, oversight, or any other Project-related administration duties performed by Cities, which shall be solely borne by the Cities, respectively. 2. Right-of-Way Acquisition, Design & Construction 2.1 CEQA. County is hereby designated as the Lead Agency for Project and is responsible for preparing, processing and securing all necessary environmental documents required by CEQA, as amended. 2.2 Project En ineer. County is hereby designated as Project Engineer to perform all tasks necessary to prepare construction plans, specifications and cost estimates in accordance with criteria set forth in the current edition of the County of Orange Highway Design Manual, County of Orange Standard Plans, Cities' Standard Plans, and to advertise, award and administer the construction of Project and to execute and deliver all documents required in connection with the construction of Project. County shall comply with all applicable provisions of the Public Contract Code and other applicable laws. Furthermore, County shall coordinate with City when dealing with the community to ensure that community concerns are addressed in a manner acceptable to the Parties. 2.3 General Plan Conformance. Cities shall find and provide a statement that the Project conforms to the City's General Plan. 2.4 County Highway Declaration. In accordance with Streets & Highways Code sections 1700-1704, and prior to acquisition of right-of-way within the Cities, County shall pass a resolution declaring the Cities' roadways within the Project to be a County highway for purposes of Project right-of-way acquisition and construction only. Upon receipt of County's resolution, Cities shall consent by resolution to said County highway status. Upon County filing a notice of completion and Cities' acceptance of improvements, Cities' roadways shall no longer be designated a County highway. County and its contractor, subcontractors and agents shall not be required to obtain an encroachment permit from the Cities or other City permit or pay any City fee for any purpose covered by this Agreement. 2.5 Right-of-Way Acquisition. County shall be responsible for identifying right-of- way requirements within the Project limits, and shall also be responsible for any appraisals of properties needed for Project and right-of-way acquisition within County and Cities. If it is 2 B-6 Agreement No. D 12-025 determined that any properties within a City can only be acquired through eminent domain, the respective City and County will confer to determine which Party will pursue eminent domain acquisition. County will remain responsible for the acquisition costs regardless if County or Cities pursue eminent domain. 2.6 Utility Relocation. County and City shall work together to identify all conflicting utilities within the Project. County shall issue all utility relocation request letters. City shall issue concurrence letters to all utilities for relocation requests within City roadways and assist with relocation efforts. All utility relocations shall be performed by the project and all costs shall be borne by the project. 2.7 Project Plans, Insurance & Warranties. a. County's Engineer or designee ("County Engineer") shall submit Project plans, specifications and engineer's estimate to Cities for review and approval prior to advertising Project for construction bids. Prior to County advertising Project, Cities shall promptly review the plans and special provisions for work within their respective City roadways and either approve or provide comments on said plans and special provisions within fifteen (15) business days of receipt of such plans and special provisions from County. Should a City fail to provide timely comments on, and/or approval of these plans or special provisions in accordance with this time period, County may make a written demand to City for a response. If a City thereafter fails to provide comments on, and/or approve such plans or special provisions within three (3) business days of receipt of such demand, such plans or special provisions shall be deemed approved by the City. b. County shall require its contractor to identify the Cities as an additional insured with insurance sufficiently broad to the satisfaction of the Cities. County shall require its contractor to pass through and assign all warranties to Cities for Project work associated with their respective roadways. 2.8 Project Advertisement. Upon written approval of the final Project plans, specifications and engineer's estimate by Cities, County shall perform all of the administrative work required for advertising for bids, dealing with bid disputes and awarding the construction contract to the lowest responsible bidder. County may in its discretion reject all bids. If, after bids are opened, it is determined that insufficient funds are available to construct Project, County and Cities shall meet and confer to determine a course of action for Project. 2.9 Project inspection. County will invite Cities to attend the pre-construction meeting after award of the construction contract. Cities shall have access to their respective City roadways at all times during construction for the purpose of inspection. County will notify Cities 48 hours in advance prior to construction in the Cities portions. Cities shall inspect regularly. Should a City deem any remedial work to be necessary, the City shall notify County in writing thereof within one (1) business day of inspection, specifically describing the needed corrections 29B-7 Agreement No. D 12-025 and proposed remedial work. The City shall be solely responsible for any remedial work that is not brought to the County's attention in accordance with this paragraph. 2.10 Contract Change Orders. County shall process any contract change orders ("CCOs") that are necessary for construction of the Project. If CCOs are needed within a City roadway, the City shall review and approve such CCOs and provide a Project liaison ("City Engineer") during construction to coordinate CCO approval. City Engineer shall provide concurrence on CCOs within two (2) business days of County's submittal to City. If City fails to concur with or propose changes to CCO within such time, such CCO shall be deemed approved. County shall be financially responsible for the CCOs that are included in the County/City approved final Project scope of work. 2.11 Project Acceptance. Prior to County's acceptance of Project improvements in and filing a notice of completion, the respective City Engineer shall review and provide written approval of all Project work within that City. The City Engineer's written approval shall only be withheld for work not completed in accordance with the construction contract documents for the Project, which uncompleted work shall be dealt with during the City's regular inspections. County shall furnish Cities with one set of record drawings (As-Built drawings) for the completed Project and a copy of the filed notice of completion. 2.12 City Obligations Post-Construction. Upon City Engineers' written approval and County's final acceptance of the Project, Cities shall assume ownership and maintenance obligations for improvements within City roadways, and Cities shall accept quitclaims from County for right-of-way acquired by County on Cities' behalf. City of Fountain Valley shall also assume maintenance responsibilities for landscape improvements within the City. 3. Miscellaneous Obligations 3.1 Time is of the Essence. The funding source for the Project requires construction funds to be expended by June 30, 2014. Therefore, time is of the essence. Cities agree to execute their responsibilities in an expeditious manner so as not to jeopardize Project funding. 3.2 Indemnification & Hold Harmless The Parties shall indemnify, defend with counsel approved in writing, save and hold each of its elected officials, officers, directors, agents and employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or expenses, 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. 3.3 Assi nment 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. 3.4 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 29B-8 Agreement No. D12-025 no oral understanding or agreement not incorporated herein shall be binding on either of the Parties. 3.5 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. 3.6 Notices Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows: Cities: City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 Attention: Mark Lewis, Director of Public Works/City Engineer City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Attention: City Engineer County: County of Orange/OC Public Works Department 300 N. Flower Street, Room 551 Santa Ana, CA 92702-4048 Attn: Teejay Areopagita, Project Engineer 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. 3.7 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. 3.8 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. Page 5 of 8 25B-9 Agreement No. D 12-025 3.9 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. 3.10 Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. 3.11 Termination 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. 3.12 Availability of Funds This Agreement is subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating the Parties to expend or as involving the Parties in any contract or other obligation for future payment of money in excess of appropriations authorized by law. 29B-10 Agreement No. D12-025 IN WITNESS WHEREOF, CITIES have caused this AGREEMENT to be executed by its respective mayor and attested by its respective Clerk, and COUNTY has caused this AGREEMENT to be executed by the Chairman of the Board of Supervisors and attested by its Clerk on the dates written opposite their signatures, all thereunto duly authorized by the Cities Council and the Board of Supervisors, respectively. CITY OF FOUNTAIN VALLEY, a municipal corporation Date: By: John Collins, Mayor ATTEST: APPROVED AS TO FORM: By: Kathy Bailor, City Clerk By: CITY OF SANTA ANA, a municipal corporation Date: ATTEST: Maria D. Huizar, City Clerk Alan Burns, City Attorney Paul Walters, City Manager APPROVED AS TO FORM: By: 29B 11 Sonia Carvalho, City Attorney Agreement No. D12-025 COUNTY OF ORANGE, a political subdivision of the State of California Date: By: Chairperson, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By: By: Susan Novak Clerk of the Board of Supervisors of Orange County, California 29-12 Deputy