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HomeMy WebLinkAboutC-6017 - Cooperative Agreement for Funding of Roadway Improvements on Campus DriveAttachment A Agreement No. D14 -056 G COOPERATIVE AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND COUNTY OF ORANGE FOR FUNDING OF ROADWAY IMPROVEMENTS ON V CAMPUS DRIVE This Cooperative Agreement is made and entered into this 25}1.1 day of NOV t=a SY R 2014 ( "Agreement "), by and between the CITY OF NEWPORT BEACH ( "City") a municipal corporation in the State of California, and the COUNTY OF ORANGE ( "County"), a political subdivision of the State of California. The City and County shall sometimes be referred to separately as a "Party" and collectively as the "Parties." RECITALS A. The City of Newport Beach proposes to rehabilitate Campus Drive, San Joaquin Bills Road and San Miguel Drive ( "Project "). The northbound side of Campus Drive will be rehabilitated as shown in Exhibit A, with such roadway lying within both the unincorporated area of the County and within City limits; and B. The total construction cost of rehabilitation within the County's area of the Project is estimated to be Eighty Six Thousand dollars ($86,000) as shown in Exhibit B. C. The County agrees to reimburse the City for all improvements on Campus Drive within the County's jurisdiction ( "County Project Area "), 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: CITY OBLIGATIONS 1. City shall design, administer and construct all improvements for Campus Drive. City shall submit plans, specifications and construction cost estimates ( "PS &E ") covering work within the County Project Area to the County for review and approval 2. City shall obtain a written concurrence from the County Public Works Director or his designee ("County Engineer ") for any contract change orders ( 'CCOs') for the Project, which would require the County to share in the cost. City's contractor will only perform extra work after approval of a CCO by County Engineer. 3. Prior to City accepting improvements from City's contractor under the contract for Project, City shall obtain County Engineer's written approval for the County Project Area improvements. Approval shall be withheld only for work not completed per the approved PS &E and CCOs for Project. 4. City shall, within sixty (60) days of the City's approval of a Notice of Completion of Project construction, prepare and submit to the County a Final Cost Accounting Report and Invoice authorized by this Agreement, which will itemize costs including Page 1 of 6 Page 1 of 8 Attachment A Agreement No. D14 -056 cost for proportionate roadway rehabilitation, and approved CCOs, if any. City shall cause its contractors for the County's portion of the Project to obtain insurance coverage sufficiently broad to insure matters set forth in this Agreement and to include County as an additional insured on all insurance policies that City requires its contractors to provide. As evidence of such insurance coverage, City shall, prior to commencement of the Project, provide County with certificates of insurance and insurance endorsements in forms that are acceptable to County. 6. City's Contractor shall obtain an encroachment permit from County prior to the start of any work within the County Project Area, COUNTY OBLIGATIONS 7. County shall at all times during the progress of construction of Project within County Project Area, have access to the Project site for the purpose of inspection and, should County Engineer deem any remedial measures to be necessary, County Engineer shall notify City thereof for communication to the contractor. 8. County shall reimburse City for actual quantities constructed for each bid item shown in Exhibit B for all improvements within the County Project Area. 9. County shall pay all costs for approved CCOs associated with construction of the Project within the County Project Area. If CCOs are required, County Engineer shall have five (5) working days to review and either approve or disapprove costs for CCOs. If the County Engineer does not respond to a CCO within the appropriate timeframe, the CCO will be deemed disapproved by default. 10. Upon approval by County Engineer and acceptance of the improvements under the contract by City, County shall assume operation and maintenance responsibility for County Project Area improvements. 11. Within thirty (3 0) days of receipt of the Final Cost Accounting Report and Invoice from the City, County shall deposit with the City's financial officer the total as indicated on said invoice. 12. County shall issue an encroachment permit at no cost to City's contractor prior to the start of any work within the County Project Area. GENERAL 13. Indemnification & HoId Harmless County shall indemnify, defend with counsel approved in writing, save and hold City and each of its elected officials, officers, directors, agents and employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or expenses, including attorney's fees and costs, 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. City shall indemnify, defend with counsel approved in writing, save and hold County and Page 2 of 6 Page 2 of 8 Attachment A Agreement No. D14 -056 each of its elected officials, officers, directors, agents and employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or expenses, including attorney's fees and costs, 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. 14. 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. 15. 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 no oral understanding or agreement not incorporated herein shall be binding on either of the Parties. 16. 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. 17. Calendar Days Any reference to the word "day" or "days" herein means calendar day or calendar days respectively, unless otherwise expressly provided. 18. Noti ces Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows: CITY OF NEWPORT BEACH Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 Attn: City Engineer COUNTY OF ORANGE OC Public Works 300 N. Flower Street P.O. Box 4048 Santa Ana, CA 92703 Attn: Director /Chief Engineer, OC Engineering 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. 19. 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 Page 3 of 6 Page 3 of 8 Attachment A Agreement No. X14 -056 connected with this Agreement and/or any other claim of injury or damage. 20. 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. 21. Crovemine 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 City, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. 22. 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. 23. Term b ation In the event City or County defaults in the performance of any of their obligations under this Agreement or materially breaches any of the provisions of this Agreement, County and City shall have the option to terminate this Agreement upon thirty (30) days' prior written notice to the other Party. In the event County or City cures such default within such thirty (30) day period, County and City's election to terminate shall be deemed revoked and of no further force and effect as to that particular default. Page 4 of 6 Page 4 of 8 Attachment A Agreement No. D14-056 IN WITNESS WHEREOF, the parties hereto have caused this Agreement be executed on the date first above written. COUNTY OF ORANGE A political subdivision of the State of California By: Chainnan, B Supervisors Date: 11 — Z.S — � q SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD OF SUPERVISORS j C'.�, Susan Novak Clerk of the Board of Supervisors of Orange County CA Date:-. I( - Z — I t+ APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By:A� Date: C -- 2 Page 5 of 6 Page 5 of 8 Attachment A Agreement No. D14-056 IN WITNESS WHEREOF, the parties hereto have caused this Agreement be executed on the date first above written. CITY OF NEWPORT BEACH A Municipal Corporation By: Dav ff, City Manager Date: ATTEST: Leilani rown, City Clerk Date: APPROVED AS TO FORM: By: Aaron C. Harp, City Attorney t.Ato gli/14 Date: Page 6 of 6 Page 6 of 8 N 4 0 0 z E LD -' X� ®Q a I a S K o Y W N W LL o LL J W O^ 7 � Vl z H g Z J Q L? 0 U W Ir J Z D o 5 a Q � U 0 a U I I a a us II > 'I m I I= w I U 1 w >I' I N I' LL II ❑ II I co Ca I! G � ,I I' U I I r— I i I � I� I y EXHIBIT A �2 G o ui 1-1 r i c�,,�'%�� \g �sT ,�zF i� ;I = z > W z > m A a w ° � ,h t � w 3 U U a ' I � w a X� ®Q a I a S K o Y W N W LL o LL J W O^ 7 � Vl z H g Z J Q L? 0 U W Ir J Z D o 5 a Q � U 0 a U I I a a us II > 'I m I I= w I U 1 w >I' I N I' LL II ❑ II I co Ca I! G � ,I I' U I I r— I i I � I� I y EXHIBIT A �2 G o ui 1-1 r i c�,,�'%�� \g �sT ,�zF i� ;I = I I > W z > m W � w � I U ' I � w � % I I G w I� � U o I0 0 1 to U Y p� 3 � 0 3 1 w r o 3 z � 'o U V 0 w s CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CAMPUS DRIVE, SAN JOAOUIN HILLS RO AND SAN MIGUEL DR STREET OVERLAY, C492 ENGINEER'S ESTIMATE Prepared by Frank Tran Attachment A Agreement No. D14 -056 EXHIBIT B 081111/14 GfU NO TOTAL PRICE COUNTY CRY Stale: - EsOmMM Lump Sum puan0lies are Dried (n percenMga Of pavement area (COUrdy- 5D,OWSF / PmjeR Total- 658,000SF = 0.08). Page 8 of 8 11UwnVn3W�91redW=ntreelarFY1L16 CURRENT PROJECTS1200- STREETS AND ORNNAOEWd 2 -Oempm IX, 8°n JOquin HNI. Rd.M 8m Iuduel A .l Owrley CAPNCW %Cd6g2 EnprJ➢Iaaadn ma=14 al Oft MA CountyMOranpg elly 3K Neayoil BeNR ITEM DESCRIPTION OTy. UNIT UNIT PRICE TO ALL PRICE OTY. MIT TO PRICE pry. UNIT PRIDE t nbbiWaLipn and pemptwlluepn 1 B $50,000.00 $511,0011.00 0.08 LS S 4,000.00 D.92 LS 3 46,9=.00 2 nRk Gmr°I i Is $ -, -a.9 $s0,0110. 0.06 Ls $ 4,000.00 0.92 L3 $ 46,000.00 3 Surve]Im sm4ms 1 LS $30,DD0.00 530,1101.00 0.08 LS $ 2,400.00 0.00 LS $ 2],600.00 0 RemovaaM RapnsbuMTYPo- A "PCC GITaM 6uaer 2g0 LF $40=0 $11,20O.DO LF $ - 260 LF $ 11200.00 5 Rwn°ve and pewnercuct type "e "PCC dnt 15 LF 530.011 5450. LF j 15 LF $ ,400.00 6 Ikmove ana Rec=relrurtType "C'PCC COrp and Gutter 100 if $35.00 $3,s011m LF E 100 LF E 3,_ 00=.00 T Remaua wd Res°nrtrvnuninib„ix -m Wke P¢Strlp ss U woo $60000 15.00 LF j 1100.00 0 LF ... $ - 6 RanoveaM 0.ewmbuC Hn n1d Stamped Gnm Medlan PeNng 500 I SF $10.00 $5,000DIII I $F Is 500 $F j 5,DD3.00 9 Rune TS «Root 11 1 RA $115.00 $1,375.00 1.00 EA j 125X0 10 EA $ 12W.W 10 llafap RdAt 6.nlw 3KI U $15.00 $9,5110=1 15.00 LF $ 315.00 385 LF $ 9,125.00 11 CompNLe V.I TAlakrcu Grdml Xng Fairting MphaH PaVemm�l 35'wo 5F $0.20 $),11110.00 101.0 $F 2Q.W 34,90 $F $ 6,900.00 12 rcmpl.Lex'C°kmpkrig LxlstllN gsplwle pavement 360,09 sF 50.25 591111110.0 2,000.00 SF $ 3 625.00 35],500 SF E 88,3]5.00 13 mmgete4 "UMm0111M 4Ming Asphalt DauemeM 53,000 SF $0.35 $19,550.00 4.00=.00 $F S 1,,400.00 49'00 SF $ 1],10,00 14 faa0R42- TNid<1 Ifing GauuAMType 111-82 66410 6X1 TN $]0.00 $46,900. W.OD TN E 3,500.0 820 TN $ ,43.00=.00 15 .d2- ThIa Finish Qddit ACTyPe ARHM GG 8,x30 TN $95.00 $699,550.00 625.0 TN $ 63,125.00 ],605 TN $696,425.00 16 Ad1uE Manhole Rame ant Uverto Grade per 510-]]1 -L 14 M $SM.00 $],001.011 FA $ 14 EA $ 1.00.10 17 Remw.artl Rphx Wm XewWapc V.Me H°YaM V.nmG,aeeper5N.53M 1J FA 5300 =0 $5.100.00 EA 16 Rem°ve Add Mplxe xiM Nev WrveyAMUment Fm,e and Umr[°Grade 4 Eq $31111.10 $1,x011. Eq j 4 EA § 1200.00 19 Rwn°veaM Replace Tr4lRC SgruI PulRm 8 FA $400.00 $3,x00.00 EA $ _ B EA E $210m 9 aeddv-MR.Pu.Tn6k51P1al0eeenar LOO' 328 FA smo.1111 $15,600.00 1].00 EA $ 3.4W.W 111 EA $ 22200.00 21 Rm,oN, sbrc ant Rehwll Exaunff Span New Pmt 6 FA $x511,110 $1$00.00 EA $ - 8 EA $ 1,50.00 22 Inmll Reifed irvnmtetl pgnnaM GHMRA pUptlEauringA -Ramp 3 EA $1,500.9 $4,500. EA § 3 EA $ 4,5=0.00 23 wmpveam ReswrtruRHn THQ P. Sld.k 2,000 sF $am sm'm1 SF $ - 2,000 SF $ 18 .09.00 24 Rm,ow antl 0.ecpnsWRP[C!),rbMmas Wmp 14 EA $3.000.00 $42,000 EA $ - 14 EA E 42,=00.00 RacpmrruMPocGdw WaYApprmch 1,000 SF $]5.110 $15'00=11 SF $ - 1,000 SF $ 15,000.00 g. P.-M MarkpNa 1 B $50,000 =p $50'00.0( 006 L$ S 4AMM D.92 LS S 46.000.00 Cutluarkkj rCnqencqy(l0%) 3 L5 $2,2]5.00 $x,2]5. LS $ 1.0 L$ $ 22MX0 Ilt Onwnga LS $3,0111=11 $3'110 DOS LS $ 240.00 092 LS $ 2.T9.W s 1.200,09 110x1 10% s 120,90 s )]9 s tt D 1,320,11001 9 9 1 000 GfU NO TOTAL PRICE COUNTY CRY Stale: - EsOmMM Lump Sum puan0lies are Dried (n percenMga Of pavement area (COUrdy- 5D,OWSF / PmjeR Total- 658,000SF = 0.08). Page 8 of 8 11UwnVn3W�91redW=ntreelarFY1L16 CURRENT PROJECTS1200- STREETS AND ORNNAOEWd 2 -Oempm IX, 8°n JOquin HNI. Rd.M 8m Iuduel A .l Owrley CAPNCW %Cd6g2 EnprJ➢Iaaadn ma=14 al Oft MA