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
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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
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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
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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.
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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
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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
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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