HomeMy WebLinkAboutC-8251-1 - Cooperative Agreement State Shopp Minor Funds Contribution12 -ORA -1-20.8/20.9
EA: OP780
Project Number: 1216000014
Agreement 12-711
COOPERATIVE AGREEMENT
State SHOPP Minor Funds Contribution
This Agreement (AGREEMENT), effective on 9 , 2016, is
between the State of California, acting through its Department of Transportation,
referred to as CALTRANS, and City of Newport Beach, a chartered city of the State
of California, referred to hereinafter as CITY.
RECITALS
A. PARTNERS are authorized to enter into a cooperative agreement for
improvements to the state highway system (SHS) per the California Streets and
Highways Code sections 114 and 130.
B. This Agreement shall have no force or effect until CITY has obtained an
encroachment permit from CALTRANS.
C. CITY has a separate project underway to dredge Semeniuk Slough in the City of
Newport Beach. Semeniuk Slough constitutes part of the drainage system for a
CALTRANS culvert that runs along State Route 1 from Superior Avenue to
Semeniuk Slough. PARTNERS intend for CITY, on behalf of CALTRANS, to
design, permit, and obtain environmental clearances for the dredging of the
approximate 200 foot section of said drainage system within the SHS that lies
between the outlet end of said culvert and the Semeniuk Slough, and then to dredge
said 200 foot section of said drainage system, which undertaking is referred to herein
as PROJECT.
D. CITY shall implement all improvements in conjunction with the Semeniuk Slough in
accordance with Encroachment Permit number 16-0-665 (EP) issued and approved by
CALTRANS. All work including but not limited to design, environmental clearances
to upgrade and dredge the approximately 200 foot long drainage system within the
SHS shall not commence until the EP is obtained by the CITY and any contractors
performing the work.
E. CITY will follow the CALTRANS encroachment permit process in order to complete
the PROJECT.
F. CALTRANS will pay CITY the total amount of Five Hundred Thousand
Dollars and 00/100 ($500,000.00) from SHOPP Minor Funds required for
PROJECT.
G. PARTNERS hereby set forth the terms, covenants, and conditions for
CALTRANS' contribution toward the PROJECT.
Minor Funds Contribution Agreement 2012_06_06 Page 1 of 8
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Project Number: 1216000014
Agreement 12-711
SCOPE
1. As part of CITY's separate project to dredge Semeniuk Slough, CITY agrees to prepare any
necessary additional environmental documentation and coordinate, prepare, obtain, and
implement, resource agency permits and process for approval resource agency permit
applications, environmental clearances, and construction drawings, specifications and cost
estimate for the PROJECT.
2. CITY will specify the work for its contractor in three parts and three corresponding bid
items, which work will thereafter be performed by said Contractor as part of this
AGREEMENT:
a. The dredging of 200 feet of channel to the approximate designed flow line of
the CALTRANS box culvert to the end of Semeniuk Slough (depicted as
"Area A" in the attached Exhibit A);
b. The creation of a stockpile area near the end of the CALTRANS box culvert
(depicted as "Area B" in the attached Exhibit A) for the use by the contractor;
and
c. Removal of material stockpiled by the contractor at the stockpile area.
Per the provisions of the specifications, the contractor shall be required:
a. To complete the first two above tasks prior to dredging the remaining areas of
the slough and
b. To remove material from the CALTRANS stockpile area before it exceeds
200 cubic yards for an anticipated period of six (6) to ten (10) weeks, weather
permitting.
3. At no cost to CITY, CALTRANS will provide IQA to assure CITY's work is performed
within State right of way in accordance with CALTRANS' current policies, procedures,
standards, and practices.
INVOICE & PAYMENT
4. CITY will invoice CALTRANS for an initial deposit of Three Hundred Thousand Dollars and
00/100 ($300,000.00) to be paid to CITY no later than forty five (45) days after
execution of this AGREEMENT.
5. Thereafter, CITY will submit to CALTRANS monthly invoices for the prior month's
actual expenditures.
6. After PARTNERS agree that all work for PROJECT is complete, CITY will submit to
CALTRANS a final accounting for all costs. Based on the final accounting, the CITY will
refund or invoice to CALTRANS as necessary in order to satisfy the financial
commitment ofthis AGREEMENT.
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Project Number: 1216000014
Agreement 12-711
7. PARTNERS agree that the total amount of SHOPP Minor funds paid out to CITY will not
exceed Five Hundred Thousand Dollars and 00/100 ($500,000.00).
GENERAL CONDITIONS
8. All obligations of CALTRANS under the terms of this AGREEMENT are subject to the
appropriation of resources by the Legislature, the State Budget Act authority, and the
allocation of funds by the California Transportation Commission.
9. CALTRANS and CITY agree that the PROJECT construction contract will be awarded
within the same fiscal year in which the SHOPP minor funds are allocated, subject to the
provisions of Article 8hereof
10. At the end of the PROJECT construction contract, CITY shall, at CITY's expense, return the
SHS right of way to a safe and operable condition acceptable to CALTRANS. If CITY
fails to do so, CALTRANS reserves the right to finish the work or place the PROJECT
in a safe and operable condition. CALTRANS shall invoice CITY for all expenses
incurred as a result, and CITY agrees to pay said invoice to CALTRANS within forty five (45)
days of receipt.
11. Unless agreed to otherwise by CALTRANS under an amendment, CITY shall
complete PROJECT. CITY shall, at CI=s expense, return the SHS right of way
to its original condition or to a safe and operable condition acceptable to
CALTRANS. If CITY fails to complete the PROJECT for any reason, PARTNERS will
agree to an amendment to the AGREEMENT to process a refund of the unspent contribution
back to CALTRANS. The amount to be refunded will be paid to CALTRANS no later than
forty- five (45) days after the execution of the amendment.
12. CITY agrees to provide project management of PROJECT and coordinate the PROJECT with
CALTRANS. CALTRANS agrees to attend project management meetings.
13. CITY will review the bid items of the low bidder with CALTRANS. At that time,
CALTRANS may adjust the scope of work for those bid items provided there is no
increase of costs to CITY.
14. CITY agrees to make a good faith effort to complete all work for the PROJECT within six
(6) to ten (10) weeks. PROJECT progress shall be discussed at PROJECT meetings and
adjustments will be made as needed to facilitate removal of stockpiled material.
15. CITY will require the contractors working in State right of way to have a CITY business
license and pay the licensing fee.
16. CALTRANS shall require its contractor to have appropriate insurance and bonding. The
CITY OF NEWPORT BEACH shall be named as additionally insured.
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Agreement 12-711
17. CITY will require the PROJECT construction contractors to furnish payment and
performance bonds naming CITY as obligee, and CALTRANS as additional obligee, and to
carry liability insurance in accordance with CALTRANS Standard Specifications.
18. CITY and CALTRANS will retain all PROJECT related records for three (3) years after the
final voucher.
19. If HM -1 or HM -2 is found during construction, CITY will immediately notify
CALTRANS.
20. CALTRANS, independent of PROJECT, is responsible for any HM -1 found within the
existing SHS right of way. CALTRANS will undertake, or cause to be undertaken, HM
MANAGEMENT ACTIVITIES related to HM -1 with minimum impact to PROJECT
schedule. CALTRANS will pay, or cause to be paid, all costs for HM MANAGEMENT
ACTIVITIES related to HM -1 found within the existing SHS right of way.
21. CITY, independent of PROJECT, is responsible for any HM -1 found within PROJECT
limits and outside the existing SHS right of way. CITY will undertake or cause to be
undertaken HM MANAGEMENT ACTIVITIES related to HM -1 with minimum impact
to PROJECT schedule. CITY will pay, or cause to be paid, the cost for HM
MANAGEMENT ACTIVITIES related to HM -1 found within PROJECT limits and
outside of the existing SHS right of way.
22. If HM -2 is found within PROJECT limits, CITY will be responsible for HM
MANAGEMENT ACTIVITIES related to HM -2.
23. HM MANAGEMENT ACTIVITIES costs related to HM -2 are PROJECT costs.
CALTRANS acknowledges and agrees that if the costs associated with HM MANAGEMENT
ACITIVITES related to HM -2 within the existing SHS right of way cause CALTRANS'
$500,000.00 contribution to be exceeded, CALTRANS will increase its contribution to cover
these additional costs.
24. Neither CITY nor any officer or employee thereof is responsible for any injury, damage
or liability occurring by reason of anything done or omitted to be done by CALTRANS,
its contractors, sub -contractors, and/or its agents under or in connection with any work,
authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is
understood and agreed that CALTRANS, to the extent permitted by law, will defend,
indemnify, and save harmless CITY and all of its officers and employees from all claims,
suits, or actions of every name, kind, and description brought forth under, but not limited
to, tortious, contractual, inverse condemnation, or other theories and assertions of liability
occurring by reason of anything done or omitted to be done by CALTRANS, its
contractors, sub -contractors, and/or its agents under this AGREEMENT.
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Agreement 12-711
25. Neither CALTRANS nor any officer or employee thereof is responsible for any injury,
damage, or liability occurring by reason of anything done or omitted to be done by CITY,
its contractors, sub -contractors, and/or its agents under or in connection with any work,
authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is
understood and agreed that CITY, to the extent permitted by law, will defend, indemnify,
and save harmless CALTRANS and all of its officers and employees from all claims,
suits, or actions of every name, kind, and description brought forth under, but not limited
to, tortious, contractual, inverse condemnation, or other theories and assertions of liability
occurring by reason of anything done or omitted to be done by CITY , its contractors, sub-
contractors, and/or its agents under this AGREEMENT.
26. If the work performed on this PROJECT is done under contract and falls within the Labor
Code section 1720(a)(1) definition of "public works" in that it is construction, alteration,
demolition, installation, or repair; or maintenance work under Labor Code section 1771,
CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all
applicable provisions of California Code of Regulations found in Title 8, Chapter 8,
Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its
contracts for public work. Work performed by CITY's own forces is exempt from the
Labor Code's prevailing wage requirements.
CITY shall require its contractors to include prevailing wage requirements in all
subcontracts funded by this AGREEMENT when the work to be performed by the
subcontractor is "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code
Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY
contracts.
27. This AGREEMENT is intended to be PARTNERS' final expression and supersedes all prior
oral understanding pertaining to PROJECT.
28. Unless otherwise documented in a maintenance agreement, CALTRANS will maintain all
PROJECT improvements.
29. This AGREEMENT will terminate upon CALTRANS' acceptance of the PROJECT.
However, all indemnification and maintenance articles of this AGREEMENT will remain in
effect until terminated or modified in writing by mutual agreement.
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DEFINITIONS
IQA (Independent Quality Assurance) — CALTRANS' efforts to ensure that another
PARTNER's quality assurance activities are in accordance with the applicable standards and the
PROJECT's Quality Management Plan (QMP). When CALTRANS performs IQA it does not
develop, produce, validate, verify, re -check, or quality control another PARTNER's work
products.
HM -1 — Hazardous material (including, but not limited to, hazardous waste) that may require
removal and disposal pursuant to federal or state law whether it is disturbed by PROJECT or not.
HM -2 — Hazardous material (including, but not limited to, hazardous waste) that may require
removal and disposal pursuant to federal orstatelaw onlyifdisturbedbyPROJECT.
HM MANAGEMENT ACTIVITIES — Management activities related to either HM -1 or
HM -2 including, without limitation, any necessary manifest requirements and disposal
facility designations.
PARTNERS — The term that collectively references all of the signatory agencies to
this AGREEMENT. This term only describes the relationship between these agencies to
work together to achieve a mutually beneficial goal. It is not used in the traditional legal
sense in which one PARTNER's individual actions legally bind the other parties.
SHS -State Highway System
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Project Number: 1216000014
Agreement 12-711
CONTACT INFORMATION
The information provided below indicates the primary contact information for each PARTNER
to this AGREEMENT. PARTNERS will notify each other in writing of any personnel or location
changes. Contact information changes do not require an amendment to this AGREEMENT.
The primary AGREEMENT contact person for CALTRANS is:
Bob Bazargan, Project Manager
3347 Michelson Drive
Irvine, CA 92612
Office Phone: (949) 724-2100
Email:
bob.bazargan@dot.ca.gov
The primary Agreement contact person for CITY OF NEWPORT BEACH
is: Dave Webb, Public Works Director
PO BOX 1768
Newport Beach, CA 92658
Office Phone: (949) 644-3100
Fax Number: (949) 644-3308
Email: dawebb@newportbeachca.gov
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Project Number: 1216000014
Agreement 12-711
SIGNATURES
PARTNERS declare that:
1. Each PARTNER is an authorized legal entity under California state law.
2. Each PARTNER has the authority to enter into this AGREEMENT.
3. The people signing this AGREEMENT have the authority to do so on behalf of
their public agencies.
STATE OF CALIFORNIA
DEPARTMENT OF
TRANSPORTATION
By: hd4kaM . Nk �c
Adnan Maiah
Deputy District
Director Capital
Outlay Program
CERTIFIED AS TO FUNDS:
By:
Ned alle
+r District Budget Manager
APPROVED•ACCOUNTING:
:.�
APPROVED AS TO FORM AND
PROCEDU�
By: 1
Attachments: Exhibit A —Site Depiction
CITY OF NEWPORT BEACH
By:
iane B. Dixon
Mayor
ATT]
M_
APPROVED AS TO FORM AND
PROCEDURE:
By:
Aaron C. Harp 01" 100.11w
City Attorney
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Project Number: 1216000014
Agreement 12-711
EXHIBIT A
SITE DEPICTION
`4
Minor Funds Contribution Agreement Page A-1