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HomeMy WebLinkAbout07 - Jamboree Road Improvments - Cooperative Agreement with Irvine�a�WV�Rr = CITY OF o � a N E _ _,,;P RT ,E C H City CouncH Staff Report 1 of 9 Agenda Item No. 7 September 25, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949 - 644 - 3311, dawebb@newportbeachca.gov PREPARED BY: Andy Tran, Senior Civil Engineer APPROVED: C-4,/\ TITLE: Jamboree Road Improvements - MacArthur Boulevard to Campus Drive — Approval of a Cooperative Agreement with the City of Irvine ABSTRACT: The City of Irvine is administering a pavement rehabilitation project located in both Irvine and Newport Beach. A cooperative agreement is needed to identify roles, responsibilities and cost sharing for each city. RECOMMENDATION: Approve a Cooperative Agreement with the City of Irvine for the Jamboree Road Improvements (MacArthur Boulevard to Campus Drive) project. FUNDING REQUIREMENTS: Upon approval of the Cooperative Agreement, we will commit to reimburse the City of Irvine for all costs associated with the final design and construction capital. The preliminary total cost estimate for our portion is $655,000. We will advance half of our share of the total cost within 30 days after the Notice to Proceed is issued. The remaining half will be paid within 30 days after the Notice of Completion is issued in fiscal year 2013 -2014. There is currently $500,000 appropriated in this year's Capital Improvement Program for this project. The final necessary funds based on the actual construction costs will be included in next year's Capital Improvement Program. DISCUSSION: The City of Irvine is currently administering a pavement rehabilitation project located on Jamboree Road from MacArthur Boulevard to Campus Drive. This project is located 1 of 9 2 of Jamboree Road Improvements - MacArthur Boulevard to Campus Drive — Approval of.a Cooperative Agreement with the City of Irvine September 25, 2012 Page 2 within both Irvine and Newport Beach as the city boundary line is along the centerline of Jamboree Road. Staff from both cities discussed the idea of administering one joint project in order to minimize design and construction costs and reduce construction impacts to the public. Staff recommends approving the attached Cooperative Agreement with the City of Irvine to identify roles, responsibilities and cost sharing for each city. In accordance with this Cooperative Agreement, the City of Irvine will be the lead agency. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Did Webb ebb Public Works Director Attachments: A. Project Location Map B. Cooperative Agreement 2of9 LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD IMPROVEMENTS MACARTHUR BLVD TO CAMPUS DR. C -5158 I R- XXM)Q -S 4 of Attachment B COOPERATIVE AGREEMENT For Rehabilitation of Jamboree Road from MacArthur Boulevard to Campus Drive RECITALS A. Whereas, the purpose of this Agreement is to define roles and responsibilities for the rehabilitation of Jamboree Road from MacArthur Boulevard to Campus Drive (collectively hereinafter referred to as "PROJECT ") within the Cities of Irvine (hereinafter referred to as "IRVINE ") and Newport Beach (hereinafter referred to as "NEWPORT BEACH "). B. Whereas, each City is responsible for their share of costs as described below. CONTRACT TERMS AND CONDITIONS 1. IRVINE will manage the design and construction of the PROJECT to the best of its ability within the established budget and time frame, and shall implement the PROJECT under guidelines established by the Orange County Transportation Authority and Caltrans. 2. The terms of this Agreement cover the administrative, design and construction responsibilities and costs of the parties with regard to the PROJECT. IRVINE will cause the construction to be completed in accordance with the contract documents. 1 Upon completion of design and NEWPORT BEACH's approval of the design plans for the segment within its City, NEWPORT BEACH shall reimburse IRVINE for its share of costs of the material report, design services and administration based on invoices to be provided by IRVINE for NEWPORT BEACH's share as shown in the cost estimate attached hereto as Exhibit A and incorporated herein by reference. 4. NEWPORT BEACH agrees to waive the obligation to secure an encroachment permit for PROJECT. 5. IRVINE shall provide NEWPORT BEACH a complete breakdown of the engineer's estimate of probable construction costs for the segment of the PROJECT within NEWPORT BEACH prior to advertising the PROJECT. 6. Subject to prior approval by NEWPORT BEACH of the award for the construction contract, NEWPORT BEACH will advance IRVINE half of NEWPORT BEACH's share of costs within thirty (30) days after the PROJECT construction start date as defined on the Notice to Proceed. NEWPORT BEACH shall pay IRVINE the remaining half of NEWPORT BEACH's share of costs within thirty (30) days of 4 of 5 of IRVINE filing of the Notice of Completion with submittal of Invoices by IRVINE to NEWPORT BEACH. 7. Additional consulting services affecting NEWPORT BEACH shall be reviewed and shall be subject to written approval by NEWPORT BEACH prior to commencement of additional services by consultant. Costs related to the additional consulting services and administration will be reimbursed by NEWPORT BEACH'no later than thirty (30) days of IRVINE filing of the Notice of Completion with submittal of invoices by IRVINE to NEWPORT BEACH. 8. Change orders affecting NEWPORT BEACH shall be reviewed and shall be subject to written approval by NEWPORT BEACH prior to granting approval with the Contractor. Costs related to such change orders and administration will be reimbursed by NEWPORT BEACH no later than thirty (30) days of IRVINE filing of the Notice of Completion with submittal. of invoices by IRVINE to NEWPORT BEACH. 9, IRVINE will coordinate with NEWPORT BEACH for all work involving traffic signals. 10. Inspectors• and /or engineers from IRVINE and NEWPORT BEACH will coordinate for spot construction. inspections, verifications of work for invoices, and site walk final inspection at completion of the PROJECT- 11, As referenced in the Special. Provisions Proposal and Contract for the PROJECT, the "Owner' shall refer to IRVINE and the contract responsibilities held by IRVINE. 12. IRVINE shall require that'the 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. IRVINE and NEWPORT BEACH shall be 'named as additionally insured parties in the Special Provisions Proposal for the Contract for the PROJECT, and shall be insured for the amount specified Section 7 -3 of th'e Special Provisions Proposal and Contract. 13.Any hazardous material or contamination found within the existing NEWPORT BEACH right of way during construction requiring remedy or remedial action shall be the responsibility of NEWPORT BEACH. Any hazardous material or contamination found within IRVINE right of way during construction requiring the same defined remedy or remedial action shall be the responsibility of IRVINE. NEWPORT BEACH shall sign the manifest and pay all' costs for remedy or remedial action within the existing NEWPORT BEACH right of way. 14.The party responsible for funding any hazardous material cleanup shall be responsible for the 'development of the necessary remedy and /or remedial action plans and designs in accordance with standards and practices ,mandated by Federal and State regulatory agencies. ' 5 of 15. Existing maintenance agreements for signals, median landscaping and roadway shall remain in full effect and are not modified by this agreement. 16. "rhe 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: Manuel Gomez Public Works Director P.O. Box 19575 Irvine, CA 92623 -9575 (949) 724 -7509 To Newport Beach: David Webb Public Works Director P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3311 17. Each of the parties agrees to do all things in a timely manner reasonably necessary or convenient to can 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. 18.Any controversy or claim arising out of this Agreement or alleged breach thereof shall first be resolved through voluntarily 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 representative of each city to act in each respective city s behalf with respect to the Agreement. 19.NEWPORT BEACH shall waive any right to pursue any claims against IRVINE after PROJECT is complete and shall defend and indemnify IRVINE, its City Council, officers, and employees If IRVINE is named in such action. IRVINE shall waive any right to pursue any claims against NEWPORT BEACH after PROJECT is complete and shall defend and indemnify NEWPORT BEACH, its City Council, officers, and employees if NEWPORT BEACH is named in such action. 20. 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, 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. 6 of 6 of 7 of 21. 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, 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. 22.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 in accordance with the laws of the State of California, and constructed as if drafted jointly by IRVINE and NEWPORT BEACH. 23.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. 24. In the event that either partyfalis or refuses to perform any of the provisions of this Agreement at the time and In the manner required, that party shall be deemed in default in the performance of this Agreement. if such default is not cured within a period of seven (7) calendar days, or if more than seven (7) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within seven (7) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, IRVINE and NEWPORT BEACH shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days prior written notice to the other city. In the event of termination under this Section, NEWPORT BEACH shall-pay IRVINE for services satisfactorily performed Including costs for work deemed necessary by IRVINE to secure the PROJECT after termination and costs incurred up to the effective date of termination for which Contractor has not been previously paid. Within 14 calendar days from the effective date of termination, IRVINE shall deliver to NEWPORT BEACH all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 25. This Agreement may be modified or amended only by a written document executed by both IRVINE and NEWPORT,BEACH and.approved as to form by the. City Attorney. 7 of 8 of 26. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, *State of California. 27. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. This agreement shall be made and effective upon execution by both parties and shall remain In effect until project reimbursement is .complete or both parties agree 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 2092. CITY OF IRVINE CITY OF NEWPORT BEACH By: Sukhee Kang, Mayor I By: Nancy Gardner, Mayor By: City Clerk City of Irvine By: City Attorney City of Irvine By: City Clerk City of Newport Beach By; City Attorney City of Newport Beach 8 of dME 'EXHIBIT A, COST - ESTIMATE Item Newport Beach Materials Report $13,000 Engineering Design $50,000 $1,000 Design Admin. (2% of Engineering Design + Change orders Construction Admin. (2% of Bid Amount + Change Orders '$11,590 Estimated Construction Capital Cost x$579,500 Estimated Total $655,090 Call $655,000 The estimated construction capital cost for the Newport Beach portion Is $579,500. Actual construction administration cost will be 2 percent of the awarded bid amounts plus any change orders related to the Project in Newport Beach. 'Actual Construction Capital Cost will be the awarded bid amounts +Change Orders. 9of9