The URL can be used to link to this page

Home My WebLink About12 - C-3279 - Irvine Avenue Median Landscaping & Hardscape ImprovementsJune 11, 2002 CITY COUNCIL AGENDA ITEM NO. 12 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: COOPERATIVE AGREEMENT BETWEEN THE CITY OF COSTA MESA AND THE CITY OF NEWPORT BEACH FOR THE CONSTRUCTION OF MEDIAN LANDSCAPING AND HARDSCAPE IMPROVEMENTS ON IRVINE AVENUE BETWEEN WESTCLIFF DRIVE AND DOVER DRIVE, CONTRACT NO. 3279 RECOMMENDATION: Approve the Cooperative Agreement (Agreement) between the City of Newport Beach (Newport Beach) and the City of Costa Mesa (Costa Mesa) for the construction of median landscaping and hardscape improvements on Irvine Avenue between Westcliff Drive and Dover Drive, and authorize the Mayor and the City Clerk to execute the Agreement. DISCUSSION: Staff requests City Council approval of the Agreement for the construction of median landscaping and hardscape improvements along Irvine Avenue between Westcliff Drive and Dover Drive. The improvements include stamped colored concrete, concrete slough walls, trees, shrubs, ground cover, and irrigation systems. The City boundary between Newport Beach and Costa Mesa within the project limits generally exists along the centerline of Irvine Avenue, and therefore this project involves the cities of Newport Beach and Costa Mesa. Prior to constructing the proposed improvements, the Agreement must be executed by both the Newport Beach and Costa Mesa City Councils. The Costa Mesa City Council authorized its Mayor to sign the Agreement on June 3, 2002. The Agreement outlines the administrative, construction, and maintenance costs and responsibilities for Newport Beach and Costa Mesa. Newport Beach will supervise the construction of this project within the budgets and schedules established by both cities. The project plans, specifications, and cost estimates have been reviewed and approved by both cities. Construction will begin in late June 2002, and should be completed by mid - August 2002, prior to the start of fall session at Mariners Elementary School. The total cost for the project is estimated at $192,000, which includes a 10 percent contingency. Costa Mesa will reimburse Newport Beach for their share of the SUBJECT; COOPERATIVE AGREEMENT BETWEEN THE CITY OF COSTA MESA AND THE CITY OF NEWPORT BEACH FOR THE CONSTRUCTION OF MEDIAN LANDSCAPING AND HARDSCAPE IMPROVEMENTS ON IRVINE AVENUE BETWEEN WESTCLIFF DRIVE AND DOVER DRIVE, CONTRACT NO. 3279 June 11, 2002 Page 2 construction costs estimated at $85,000. The total cost for construction administration, survey, testing, and inspection is estimated at $20,000 of which Costa Mesa would be responsible for $10,000. The total annual irrigation and maintenance costs for the median improvements are estimated at $6,000. Costa Mesa will reimburse Newport Beach for 50 percent of the total annual cost at approximately $3,000. Costa Mesa is not currently contributing to the maintenance of the existing medians and trees. The contract for this work will be awarded this fiscal year. Funding is provided in the current Capital Improvement Program budget. Respectfully submitted, -- �, / PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director i By: 411— Fong e, P.E. Project Manager Attachments: Agreement Project Location Map IRVINE AVENUE MEDIAN IMPROVEMENTS (C -3279 , c� FIRE STA TION m 0 P MARINERS SCHOOL sue. �FFT SHOPPING / PLAZA s� CORONADO AT NEWPORT APARTMENTS �6 y s]. LEGEND ® WORK LOCATION L OCA TION MAP N. Ts COOPERATIVE AGREEMENT For Irvine Avenue Median Improvements from Westcliff Drive to Dover Drive This Agreement is made and entered into this day of , 2002, by and between the CITY OF NEWPORT BEACH ( "Newport Beach ") and the CITY OF COSTA MESA ( "Costa Mesa "): RECITALS WHEREAS, the median improvements as more particularly described in Exhibit "A ", attached hereto and incorporated herein by this reference, on Irvine Avenue between Westcliff Drive and Dover Drive (the "Project "), is a project that involves both the cities of Newport Beach and Costa Mesa because the city boundary line between the two cities exists along the centerline of said medians on Irvine Avenue. WHEREAS, the parties acknowledge that the medians currently contain numerous eucalyptus trees (the "Trees') that are currently existing and heretofore maintained by Newport Beach and shall remain the sole responsibility of Newport Beach. CONTRACT TERMS AND CONDITIONS Newport Beach will supervise the construction of the Project to the best of its ability within the established budget and time frame, and shall implement and complete the Project under guidelines established jointly by Newport Beach and Costa Mesa, and will follow all public bid and contract procedures. 2. The terms of this Agreement cover the administrative responsibilities and cost allocation for said responsibilities of the parties with regard to the Project, but not the actual construction of the Project itself,. although Newport Beach will be responsible for and cause the actual construction of the Project to be completed. 3. Costa Mesa has reviewed and signed the final design drawings and reviewed the engineer's construction cost estimate (Attachment `B "). Costa Mesa shall receive a complete breakdown of the construction costs of the apparent low bidder prior to award by the City of Newport Beach. If the low bid is more than six percent (6 %) above the engineer's estimated cost for Costa Mesa, Costa Mesa reserves the right to terminate this Agreement. If the bid is awarded, Newport Beach shall provide Costa Mesa with a complete breakdown of the actual costs prior to invoicing Costa Mesa, and Costa Mesa shall be invoiced for its proportional share of the costs incurred by Newport Beach upon completion of the construction work. 4. Subject to prior approval by Costa Mesa of the construction contract award, Costa Mesa will reimburse Newport Beach for Costa Mesa's share of forty -five percent of the construction costs (estimated at $85,000) and half of the costs for construction administration, survey, testing, and The effective date of any notice or written communications sent by one party to the other shall be the date received if by personal service, the time of transmission if such communication is sent by facsimile; or 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. 11. Each of the parties agrees to do all things in a timely manner reasonably necessary or convenient to carry out the spirit, intentions and objectives described in this Agreement whether or not expressly prescribed herein and no consent, agreement, approval, concurrence, decision, determination or action shall be unreasonably withheld by either party. 12. Prior to filing any legal action because of controversy or claim arising out of this Agreement or alleged breach thereof the parties agree that they shall first attempt resolution of said controversy or claim through voluntary mediation or as otherwise designated in writing by the City Manager of Newport Beach and the City Manager of Costa Mesa. Said City Managers shall be the selected representatives of each City to act in each respective City's behalf with respect to any controversy or claim arising out of this Agreement. 13. Except as specified in paragraph 14 herein below, each party shall defend, indemnify, hold free and harmless the other party, its elected officials, its officers and employees, from and against any and all liability, claims, losses and demands, including attorney's fees and other reasonable costs incurred in defending any such claim, whether resulting from court action or otherwise, arising out of the acts, errors or omissions of the indemnifying party, its employees and/or authorized subcontractors, whether intentional or negligent, in the performance of this Agreement. 14. The City of Newport Beach shall defend, indemnify, hold free and harmless Costa Mesa, its elected officials, its officers and employees, from and against any and all losses, damages, liability, claims, allegations of liability, suits, costs and expenses, including attorney's fees and other reasonable costs incurred in defending any such claim, for. damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damage, or any other claims directly attributable to or caused solely by the existing Trees. 15. This Agreement represents the entire understanding of the parties as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and construed as if drafted jointly by Newport Beach and Costa Mesa. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 16. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. This Agreement shall be made effective upon execution by both parties and shall remain in effect until both parties agree to amend or terminate it. 3 inspections (estimated at $10,000). Newport Beach will be responsible for the remaining fifty - five percent of the construction costs (estimated at $100,000) and half of the costs for construction administration, survey, testing, and inspections. The total cost of this project for Costa Mesa is estimated at $95,000. Newport Beach will invoice Costa Mesa when the Project is complete and Costa Mesa shall make payment to Newport Beach within thirty days of the invoice. 5. Change orders affecting Costa Mesa shall be reviewed and approved by Costa Mesa prior to Newport Beach granting approval to the contractor. 6. After construction of the Project has been completed, Newport Beach will arrange for and supervise the irrigation and maintenance of the improved medians (initially estimated at $6,000 per year). Costa Mesa will reimburse 50% of the total annual maintenance cost (Costa Mesa's share estimated at $3,000 per year) to Newport Beach annually and within thirty days of receipt of an invoice from Newport Beach. Within 30 days of request from Costa Mesa, Newport Beach shall provide Costa Mesa with an accounting of said maintenance costs with supporting documentations for the annual invoice. Notwithstanding the above, Costa Mesa shall not be responsible for any extraordinary costs associated with the existing Trees. Extraordinary costs include, but are not limited to, any costs for removal, trimming, disease control, replacement, or other costs directly attributable to the maintenance of said Trees. 7. Inspectors and/or engineers from both Cities will coordinate for construction inspections and a site walk prior to Project completion. 8. As referenced in the Drawings, Special Provisions, Proposal and Contract for the Project, "City" shall refer to Newport Beach and the contract responsibilities held by Newport Beach. 9. Newport Beach shall require that the independent contractor provide all necessary insurance coverage for construction work, as specified in Section 6 -1 of the Special Provisions and Section G of the Contract for the Project. Newport Beach and Costa Mesa shall be named as additionally insured parties in the Special Provisions and Contract for the Project, and shall be insured for the amounts specified in Section 6 -1 of the Special Provisions and Section G of the Contract. 10. The following staff members, or as otherwise designated in writing by the City Manager of Costa Mesa or the City Manager of Newport Beach, shall be the selected representatives of each City to act in each respective City's behalf with respect to this Agreement. Any notices, requests, approvals, or communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or first class U.S. Mail and shall be addressed to each representative as noted below: To Newport Beach: William Patapoff Public Works Department P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3311 2 To Costa Mesa: Bruce Hartley Public Services Department P.O. Box 1200 Costa Mesa, CA 92628 -1200 (714) 754 -5164 IN WITNESS WHEREOF, Newport Beach and Costa Mesa have caused this Agreement to be executed by its duly authorized officers and representatives, respectfully, on this day of 2002. CITY OF NEWPORT BEACH By: Tod W. Ridgeway, Mayor By: City Clerk APPROVED AS TO FORM: By: City Attorney CITY ` COSTA MESA By:' i inda Dixon, ^.By: City Clerk Pu7y 4 APPROVED AS TO FORM: y: City Attorney