HomeMy WebLinkAbout05 - Jamboree Rd - MacArthur Blvd Cooperative AgreementOctober 22, 2002
CITY COUNCIL AGENDA
ITEM NO. S
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: JAMBOREE ROAD /MACARTHUR BOULEVARD COOPERATIVE
AGREEMENT WITH THE CITY OF IRVINE
RECOMMENDATION:
Approve the Cooperative Agreement between the City of Newport Beach and the City
of Irvine for the construction of the improvements at Jamboree Road and MacArthur
Boulevard and authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
The City of Newport Beach is the lead agency for the construction phase of the
improvements to the intersection of Jamboree Road and MacArthur Boulevard.
Construction funds in the amount of $730,380 were approved for the project by the
Orange County Transportation Authority (OCTA) through the Intersection Improvement
Program. The remainder ($900,000) of the $1.6 million project will be shared between
the cities, with Irvine's share being approximately two- thirds and Newport Beach's being
approximately one -third of the costs.
Improvements to the intersection include:
• Widening the roadway to provide second left turn lanes from MacArthur Boulevard
to Jamboree Road to improve intersection capacity
• Re- configuring the Jamboree Road southbound right turn lane onto MacArthur
Boulevard
• Adding landscaping to the medians
• Constructing a retaining wall and sidewalk along the northerly property line on
MacArthur Boulevard in the City of Irvine
• Traffic signal and striping modifications
The plans have been reviewed by both the City of Newport Beach and the City of Irvine
and the project will be advertised for bid after the Agreement is fully executed. Irvine
approved the Agreement at their September 24, 2002, City Council meeting.
The Cooperative Agreement defines each City's roles and responsibilities. Newport
Beach will be responsible for construction administration and Irvine will reimburse
SUBJECT: JAMBOREE ROAD /MACARTHUR BOULEVARD COOPERATIVE AGREEMENT WITH THE CITY OF IRVINE
October 22, 2002
Page 2
Newport Beach two- thirds of the costs for construction engineering, survey, testing, and
inspection. Staff requests approval of the Cooperative Agreement so the construction
portion of the project can begin.
Respectfully
WORKS DEPARTMENT
G. Badum, P.E.
% I' t•::
Bill p•
City Engineer
Attachment: Cooperative Agreement
COOPERATIVE AGREEMENT
FOR
JAMBOREE ROAD /MACARTHUR BOULEVARD
INTERSECTION IMPROVEMENTS (PROJECT)
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 IRVINE ( "Irvine "):
RECITALS
A. WHEREAS, the intersection improvements at Jamboree Road and MacArthur
Boulevard are Intersection Improvement and Growth Management Area Projects
approved by the Orange County Transportation Authority (OCTA). The Project
involves Newport Beach and Irvine because the city boundary line exists through
the intersection of the Project; and
B. WHEREAS, the OCTA will fund construction costs up to $730,380.
CONTRACT TERMS AND CONDITIONS
1. 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 by OCTA, and will follow all public bid and
contract procedures.
2. The terms of this Agreement cover the administrative responsibilities of the parties with
regard to the Project, but not the actual construction of the Project itself, although
Newport Beach will cause the construction to be completed.
3. Irvine has reviewed and signed the final design drawings and reviewed the engineer's
construction cost estimate (Attachment "A "). Irvine shall receive a complete breakdown
of the actual construction costs prior to invoicing, and shall be invoiced for its portion of
the cost incurred by Newport Beach upon completion of the construction phase.
4. Subject to prior approval by Irvine of the award for the construction contract, Irvine will
reimburse Newport Beach for Irvine's share of "eligible" construction costs (estimated
at $398,000. Irvine will reimburse Newport Beach for two thirds (2/3) of the costs for
construction administration, survey, testing and inspection. The total cost for
construction administration, survey, testing, and inspection is estimated at $196,000 of
which Irvine would be responsible for $134,000. Irvine will reimburse Newport Beach
for 100 percent of "non- eligible" construction costs (estimated at $585,000, defined as
non - eligible participating items of work within Irvine right -of -way.
5. Additional consulting services affecting Irvine shall be reviewed and approved by Irvine.
6. Change orders affecting Irvine shall be reviewed and approved by Irvine prior to
granting approval with the Contractor.
7. Newport Beach will coordinate with Irvine for all work involving traffic signals.
1
8. Inspectors and /or engineers from both Cities will coordinate for spot construction
inspections and a site walk prior to completion of the project.
9. As referenced in the Special Provisions Proposal and Contract for the Project, the
"Owner" shall refer to Newport Beach and the contract responsibilities held by Newport
Beach.
10. Newport Beach shall require that the independent contractor provide the necessary
insurance coverage for construction work, as specified in Section 7 -3 of the Special
Provisions Proposal and Contract for the Project. Newport Beach and Irvine shall tie
named as additionally insured parties in the Special Provisions Proposal and Contract
for the Project, and shall be insured for the amounts specified in Section 7 -3 of the
Special Provisions Proposal and Contract.
11. The following staff members, or as otherwise designated in writing by the City Manager
of Irvine 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 shall be given to each representative
noted below:
To Irvine:
David K. Mori
Public Works Department
P.O. Box 19575
Irvine, CA 92623 -9575
(949) 724 -7553
To Newport Beach:
Bill Patapoff
Public Works Department
P.O. Box 1768
Newport Beach, CA 92658 -8915
(949) 644 -3321
12. 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.
13. Any controversy or claim arising out of this Agreement or alleged breach thereof shall
first be resolved through voluntary mediation or as otherwise designated in writing by
the City Manager of Irvine or the City Manager of Newport Beach. Said City Managers
shall be the selected representatives of each City to act in each respective City's behalf
with respect to this Agreement.
14. Irvine shall indemnify, defend, save and hold harmless Newport Beach, its City Council,
officers, and employees from and against any and all loss, damages, liability, claims,
allegations of liability, suits, costs and expenses for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury, property
damages, or any other claims caused by the willful actions or active negligence of
Irvine, its employees, or agents in the performance of its obligations pursuant to this
Agreement, and shall include attorneys' fees and other reasonable costs incurred in
defending any such claim.
15. Newport Beach shall indemnify, defend, save and hold harmless Irvine, its City Council,
officers, and employees from and against any and all loss, damages, liability, claims,
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allegations of liability, suits, costs and expenses for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury, property
damages, or any other claims caused by the willful actions or active negligence of
Newport Beach, its employees, or agents in the performance of its obligations pursuant
to this Agreement, and shall include attorneys' fees and other reasonable costs
incurred in defending any such claim.
16. 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 Irvine and Newport Beach. This Agreement may
be amended at any time by the mutual consent of the parties by an instrument in
writing.
17. 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 project reimbursement is complete or both parties agree to amend or terminate
it.
IN WITNESS WHEREOF, Irvine and Newport Beach have caused this Agreement to be
executed by its duly authorized officers and representatives, respectfully, on this
day of , 2002.
CITY OF IRVINE
By: Larry Agran, Mayor
ATTEST:
By: City Clerk
City of Irvine
APPROVED AS TO FORM:
By: City Attorney
City of Irvine
CITY OF NEWPORT BEACH
By: Tod W. Ridgeway, Mayor
ATTEST:
By: City Clerk
City of Newport Beach
APPROVED AS TO FORM:
By: City Attorney
City of Newport Beach
f. \users\pbw\shared \contracts \fy 02- Minacarthur bIjamboree rd intersection improvements \coop agmt .doc
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