HomeMy WebLinkAboutC-3459(A) - Cooperative Agreement; Installation of Median Landscaping on Jamboree Road Between Campus Drive and Bristol Drive� G 3
• CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. s
November 28, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Bill Patapoff, City Engineer
949 -644 -3321 orbpatapoff @city.newport- beach.ca.us
SUBJECT: AMENDMENT NO. 1 TO AGREEMENT NO. D98 -096 WITH COUNTY OF
ORANGE FOR THE IRVINE AVENUE ROADWAY WIDENING PROJECT
FROM SOUTH BRISTOL STREET TO MESA DRIVE
RECOMMENDATION:
Approve Amendment No. 1 to Agreement No. D98 -096 with the County of Orange for
additional responsibilities and cost sharing for the Irvine Avenue Widening project from
South Bristol Street to Mesa Drive.
• DISCUSSION: -
The City and County share the street right -of -way on Irvine Avenue between South.
Bristol Street and Mesa Drive. On April 9, 2002, the City and County entered into an
Agreement defining the responsibilities and costs for widening Irvine. Avenue from four
lanes to six lanes. The County is the lead agency for the design, right -of -way
acquisition, and construction of this Measure M (partially funded) project. Each agency
is responsible for the matching costs within its jurisdiction, except for the items identified
in the proposed amendment. The most recent estimate for the Irvine Avenue
construction is $6 million and right -of -way acquisition is appraised at $830,000. Some
monies are included in this years Capital Improvement Program budget for this work.
One reason why the amendment is needed is to add the construction of landscaped
raised medians and a landscaped parcel of land adjacent to the street north of Mesa
Drive (See Attachment 1). The County's plans showed these areas as striped center
medians and a vacant dirt parcel owned by the County. In order to beautify this
segment of the roadway, the City is required by the County to be responsible for the
design, construction, and maintenance of these areas both in City and County
jurisdictions. Funding for this improvement is proposed to be from the Santa Ana
Heights Redevelopment Agency.
•
Amendment No. 1 to Agreement No. D906 with the County of Orange for the `
Irvine Avenue Roadway Widening Project from South Bristol Street to Mesa Drive
November 28, 2606
Page 2
The second reason for the amendment is to define the cost sharing of the Mesa Drive •
at the Irvine Avenue intersection. This intersection experiences heavy left turn
movements from.westbound Mesa Drive to southbound Irvine Avenue and an additional
left turn lane is warranted. In order to accomplish this, the west side of the intersection
needs to be widened for through traffic. This widening requires additional right -of -way
and the construction of new retaining walls and street improvements. The. County will
reimburse the City for the design of these improvements this fiscal year. The City and
County will each bear 50% of the right -of -way and construction costs to be budgeted
next fiscal year. Latest estimates for this work are $440,000 for right -of -way acquisition
and $335,000 for construction.
Presently. the project construction drawings are 95 %. complete and the County is in the
process of acquiring the needed right -of -way. Construction is scheduled to start in the
summer of 2007.
Environmental Review:
Negative Declaration IP 02 -129 was certified by the Orange County Boar of
Supervisors on March 8, 2005.
Prepared by: Submitted by:..
•
i atapoff,.P. St hen G. Badum
City Engineer ublic Works Director.
Attachment: Landscape Attachment 1
Amendment to Cooperative Agreement
Executed Agreement No. D98 -096
n
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® SCALE 1":100' MEDIAN LANDSCAPE AREA — TO BE MAINTAINED BY CITY
} i
A MEDIAN LANDSCAPE AREA — TO BE OWNEDIMAINTAINED BY CITY
t LANDSCAPE AREA RW PARCEL TO BE TRANSFERRED TO CITY
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RACE 80.0 t
CENTER 1 ..
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x '.. NEN3Y7RT 6AY ` '
?ERR.M10E APAATM &`f!'R
ORANGE COUNTY
RESOURCES & DEVELOPMENT MANAGEMENT DEPARTMENT
�.ILVIn�� /�vENlira .lrArlUSGPc'�E 4R'�gS
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Amendment No. 1 to Agreement No. D98 -096
•
AMENDMENT NO. 1 to AGREEMENT D98 -096
THIS AMENDMENT NO. 1 to AGREEMENT D98 -096, is made and entered into this
day of 2006.
13Y AND BETWEEN `
THE CITY OF NEWPORT BEACH, a
Municipal Corporation in the State of
California hereinafter referred to as "CITY".
AND
THE COUNTY OF ORANGE, a political
subdivision of the State of California,
hereinafter referred to as
"COUNTY ".
WITNESSETH
WHEREAS, Agreement No. 1398 -096; dated' April 9, 2002 between City and County,
previously specified . responsibilities for the design, right -of -way acquisition, construction,
construction and maintenance of improvements to Irvine Avenue between University Drive and
Bristol Street, and Mesa drive at its intersection of Irvine Avenue and 500 feet westerly,
hereinafter referred to as "PROJECT" and; .
WHEREAS; CITY . and COUNTY wish. to specify additional responsibilities for the
ownership and maintenance of specified elements of said PROJECT; and
WHEREAS, PROJECT proposes to provide landscaping and irrigation improvements to a
land parcel and to raised medians within unincorporated COUNTY limits hereinafter referred to
as' "LANDSCAPING" and "MEDIAN LANDSCAPING," respectively .and
WHEREAS, LANDSCAPING and MEDIAN LANDSCAPING areas are described in
EXHIBIT A attached Hereto and by this reference made a part hereof; and •
Page 1 of 4
• 0
Amendment No. 1 to Agreement No. D98 -096
• WHEREAS, PROJECT proposes to widen Mesa Drive at its intersection with Irvine
Avenue, within unincorporated COUNTY limits, hereinafter referred to as "MESA DRIVE "; and
WHEREAS, CITY and COUNTY possess full authority to *enter into this Amendment.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
A. CITY Shall:
Prepare plans, specifications and estimate (PS &E) for LANDSCAPING and MEDIAN
LANDSCAPING for incorporation into the PROJECT PS &E.
B. COUNTY shall:
Prepare a resolution, to be approved by the COUNTY Board of Supervisors, which deeds
LANDSCAPING area, as described in EXHIBIT A, to the CITY upon completion of
PROJECT.
• C. PAYMENTS AND FINAL ACCOUNTING:
1. CITY shall bear one - hundred - percent (100 %) of costs for design and construction,
of LANDSCAPING.
2.: CITY and COUNTY shall each bear fifty - percent (50 %). of costs for right -of -way
acquisition and construction of MESA DRIVE.
D. It is MUTUALLY UNDERSTOOD BY THE PARTIES HERETO THAT:
1. Upon acceptance of the PROJECT improvements by CITY, CITY shall accept
ownership and maintenance responsibility for LANDSCAPING area as identified in
EXHIBIT A.
2. Upon acceptance of the PROJECT improvements by CITY, CITY shall accept
maintenance responsibility for MEDIAN LANDSCAPING area as identified in
EXHIBIT A.
1 This amendment does not modify, waive, discharge, or terminate any terms of
Agreement No. D98 -0% not described herein.
Page 2 of 4
Amendment No. I to Agreement No. D98 -096
3. The parties acknowledge that each party and its counsel have reviewed this
amendment and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in
the interpretation of this Amendment or any exhibits hereto.
Page 3 of 4
A
•
•
E
i
Amendment No. 1 to Agreement No. D98 -096
• IN WITNESS WHEREOF, the CITY has caused this amendment to be executed by its
mayor and attested by its clerk, and COUNTY has caused this amendment to be executed by the
Chairman on the Board of Supervisors and attested by its Clerk, all thereunto duly authorized by
Minute Orders of the City Council and the Board of Supervisors, respectively, on the date
written opposite their signatures.
THE CITY OF NEWPORTBEACH,
a municipal corporation
Date:
By:
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk
City Attorney
•
COUNTYOF.ORANGE,
a political subdivision of the State of
California
Date:
By.
Chair, Board of Supervisors
SIGNED AND CERTIFIEDTHAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
By:
Darlene J. Bloom
Clerk of the Board of Supervisors of
Orange County, California
Page 4 of 4
• • 0.
® MEDIAN LANDSCAPING AREA - OWNED BY COUNTY
1 SCALE P'100' COUNTY TO MAINTAIN CURB & GUTTER
J CITY TO MAINTAIN LANDSCAPE
' LANDSCAPING AREA - RW PARCEL TO BE TRANSFERRED TO CITY
t
..
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PROPOSED IMPROVEMENTS - IRVINE AVENUE
E PROPOSED IMPROVEMENTS - MESA DRIVE
1
PROPOSED RETAINING WALLS - MESA DRIVE
-• °• °^ COUNTY/CITY BOUNDARY
'BACK BAY C
CENTER t
NEWPORT BAY
TERRACE APARTMENTS
O .,.
6 NEWPORT
Y ® s IsRVINE AYENCR � C TRADE
s01° t
tR� OP OAPy';.�..
i O
ORANGE COUNTY
14' OFFSET FROM
RESOURCES & DEVELOPMENT MANAGEMENT DEPARTMENT EDGE of cwNEL
TO BE OWNED �
INED
AMENDMENT NO. I TO AGREEMENT NO. D98 -096 BY COUNTY NEWPORT x�
EXHIBIT A �° F °U�E
IRVINE AVENUE ROADWAY WIDENING PROJECT
SOUTHERLY OF MESA DRIVE TO SE BRISTOL STREET %
• • 0.
ii . .
Cons with CKY Council
Acton on:
For mor infortaation, contact
at -7 3L12
0
COOPERATIVE AGREEMENT
For
Jamboree Road Median Improvements from Bristol Street to Campus Drive
This Agreement is made and entered into this 1 5f'' day of 2002, by and
between the CITY OF NEWPORT BEACH ("Newport Beach') and fhe CITY OF IRVINE
( "Irvine "):
RECITALS
WHEREAS, the median reconstruction of Jamboree Road between Bristol Street and Campus
Drive, is a project that involves Irvine and Newport Beach because the city boundary line exists
along the centerline of the Project.
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 by the Cities of Newport Beach and Irvine, 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.
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. The total cost for the project is estimated at $286,000, which includes a 10% contingency.
Subject to prior approval by Irvine of the award for the construction contract, Irvine will
reimburse Newport Beach for Irvine's share of construction costs estimated at $77,800. The
total cost for construction administration, survey, testing, and inspection is estimated at $39,000
of which Irvine would be responsible for $10,530. Newport Beach will invoice Irvine when the
project is complete and Irvine shall make payment to Newport Beach within 30 days of the
invoice.
S. 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.
The total landscaped area is approximately 23,380 square feet of which 5,920 square feet is
within Irvine City limits. The total annual irrigation and maintenance costs are estimated at
$6,700. Newport Beach will pay for irrigation and maintenance for the median planters. Irvine
C- �y`,-j
will reimburse 25% of that total cost to the City of Newport Beach, estimated at $1675. Irvine
will be invoiced annually and payment is due within 30 days of the invoice.
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 Drawings, 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 6 -1 of the Special Provisions and
Section G of the Contract for the Project. Newport Beach and Irvine 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.
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 Newport Beach: To Irvine:
Bill Patapoff lames H. Eldridge
Public Works Department Public Works Department
P.O. Box 1768 P.O. Box 19575
Newport Beach, CA 92658 -8915 Irvine, California 92623 -9575
(949) 644 -3321 (949) 724 -7556
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 Newport Beach or the City Manager of Irvine. 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. 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, 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.
15. 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.
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, Newport Beach and hvine have caused this Agreement to be executed
by its duly authorized officers and representatives, respectfully, on this o1i6(. day of
2002.
CITY OF NEWPORT BEACH
By: Tod W. Ridg y, Mayor
i
By: City Clerk
APPROVED AS TO FORM:
j .
By: City Attorney
CITY OF IRVINE
By: ' Lary
APPROVED AS TO FORM:
TO: Mayor and Members of the City Council
FROM: Public Works Department
4P ;V /qu)
C -JySi
June i1, 2002
CITY COUNCIL AGENDA
SUBJECT: JAMBOREE ROAD MEDIAN IMPROVEMENTS -
NO. 3459
RECOMMENDATIONS:
Approve the plans and specifications.
2. Allow Oakridge Landscape, Inc., to withdraw their bid.
JUN 11 2002
3. Award Contract No. 3459 to Mega Way Lighting Inc., for the Total Bid Price of
$250,055.73, and authorize the Mayor and the City Clerk to execute the contract.
4. Establish an amount of $25,000.00 to cover the cost of unforeseen work and
testing.
5. Approve a Budget Amendment authorizing an increase of $100,300 to Account
No. 7261- C5100580 from the unappropriated balance of the Transportation and
Circulation Fund.
DISCUSSION:
At 11:00 A.M. on May 29, 2002, the City Clerk opened and read the following bids for
this project:
Oakridge Landscaping Inc., indicated they made several clerical errors in their bid and
have asked to be allowed to withdraw their bid. Staff has reviewed the documentation
supplied by the contractor and approves the contractors request
IB DDER
TOTAL BID AMOUNT
Low
Oakridge Landscape Inc.
* $156,172.17
2
Mega Way Lighting Inc., dba Mega Way Enterprises
$250,055.73
3
Pima Corporation
$263,717.00
4
Nakao & Associates
$266,466.00
5
Southland Construction
$268,065.00
6
Nativ Engineering
$274,449.40
7
S & M Landscape Inc.
$279,370.65
* Corrected Bid Amount is $146,1Q8.81
Oakridge Landscaping Inc., indicated they made several clerical errors in their bid and
have asked to be allowed to withdraw their bid. Staff has reviewed the documentation
supplied by the contractor and approves the contractors request
Subject Jamboree Roan Improvements -Award of contract No. 30
June 11. 2002
Page: 2
The lowest responsible Total Bid Amount is 4 percent below the Engineer's Estimate of
$260,000.
The lowest responsible bidder, Mega Way Lighting Inc., possesses a General "A"
contractor's license as required by the project specifications. A check of Mega Way
Lighting inc., references indicates they have satisfactorily completed various similar
improvement projects for other Southern California agencies.
This project provides for a cooperative project between the City of Newport Beach and
the City of Irvine for design and installation of landscape improvements on the
.Jamboree Road Medians between Bristol. Street North and Campus Drive. A
Cooperative Agreement has been approved by both City Councils and signed by the
Mayors of each city.
Since the improvements are within both the City of Newport Beach and the City of Irvine,
the City of Irvine has agreed to reimburse the City of Newport Beach for their portion of the
construction costs, estimated at $77,800 for construction and $10,530 for administrative
and inspection services.
There are sufficient funds available in the following accounts for the work:
Account Description Account Number Amount
Transportation and Circulation 7261- C5100580 $200,232.73
Contributions (from City of Irvine) 7251- C5100580 74,823.00
Total: $275,055.73
Respectfully, .stJbmif 6d,
PUBLIC WORKS DEPARTMENT
Stephen G. Badum, Director
By: J�z -/ -4- -
Stephen 6. Luy, PA.
Project Manager
Attachment: Project Location Map
Bid Summary
Oakridge Landscape letter
Draft Cooperative Agreement
B5/PO/2002 13:38 94965
OAKRIDGE 0
PAGE 01
Llcr 999SCS
May 30. 2002
To: City Of Newport Beach
3300 Newport Blvd.
Newport Beach CA. 92658
Attn: Public Works Department
Stephen J. luy Project Manager
Regarding; Jamboree Rd. Median Improvements contract # 3459
Dear Mr Luy,
Please consider this a forroal request that we be released from our bid on the above
reference project and that our bid bond be returned.
We made several substantial errors in the preparation of our bid.
l .There was no bid item t6 cover the low voltage electrical wiring from the controller to
the valves. We failed to include these costs in various other bid items.
2. There was no bid item fix lateral line piping. We failed to cover this work in the
various other bid items.
3. Our unit price number 6 for the installation of moisture barrier covers the cost of
material only. We failed to include the labor necessary to dig, install and backfill the
moisture barrier.
4. We failed to bid item number 26.
5. In demolition item number 3 we failed to cover costs to fine grade and prep for new
concrete.
We respectfi lly request that we be released from our bid We sincerely apologize for any
inconvenienced this has caused you or the City of Newport Beach.
Sincere` ly,
4is�. ��
Oakridge Landscalre
Charles R. John CPO
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
TITLE JAMBOREE ROAD MEDIAN IMPROVEMENTS BID LOCATION: City Clerk's Office . City Hall
CONTRACT NO.: 3459 DATE: 29•May02 TIME 11:00
ENGINEER'S ESTIMATE: $260,000.00 BY: Stephen Luy CHECKED: Shari Rooks DATE: 09-May02
PROJECT MANAGER: Stephen Luy
f: WsersXpbwlsharedlcordract100 01 "BID SUMMARY 03459 Page I
0
Engines 's Estimate
Oakrid a Landsca e, Inc.
Mega Lighting Inc., dba
Mega Enterprises
Pima ration
ITEM
DESCRIPTION
QUANT(TYJ
UNIT
AMOUNT
UNIT
AMOUNT
UNIT I
AMOUNT
UNIT I
AMOUNT
I
Mobilization
1
L.S.
11,766.00
11,766.00
2,500.00
2500.00
8,000.00
8,000.00
15,000.001
15,000.00
2
Traffic Control
1
L.S.
9,000.00
9000.00
4,515.00
4,515.00
15,000.00
I5,000.00
10,000.00
10000
3
Demolition
11,724
S.F.
1.25
14,655.00
0.50
5,862.00
1.27
14,889.48
1.00
11,72
4
Bore Under Exist. RoadwaY & Provide Conduit
11300
L.F.
20.00
26,000.00
19.00
24,700.00
16.00
20,800.00
25.00
32,500.00
5
Const. 4' Thick POC Stamped Colored Cone.
12,863
S.F.
6.00
77,178.00
3.57
45,920.91
4.50
57,883.50
5.00
64,315.00
6
Install Moisture Barrier
2,435
L.F. 1
3.00
7,305.00
0.21
511.35
3.25
7,913.75
3.00
7305.00
7
Construct Drain Inlet
1
E.A.
300.00
300.00
250.00
250.00
1,000.00
1,000.00
1,000.00
1,000.00
8
Install 6' PVC Drain
130
L.F.
7.00
910.00
5.00
650.00
10.00
1,300.00
10.00
1,300.00
9
Install R.P. Device
3
E.A.
2500.00
7,500.00
775.00
2,325.00
2,500.00
7,500.00
1250.00
3,750.00
10
Install Irrigation Controller
3
EA.
500.00
1,500.00
8,629.00
1,000.00
3,000.00
8,000.00
24,000.00
11
Install Elect. Main Connection Irr. Controller
1
EA.
1000.00
1,000.00
1 551.00
1,551.00
1,500.00
1,500.00
2,000.00
2 000.00
12
Install 1 117 Sch. 40 PVC Main line
1,170
L.F.
3.DO
3,510.00
1,697.
10.00
11 700.00
3.00
3,510.00
13
Install 2' Sch. 40 PVC Main Line
1,840
L.F.
3.50
6,440.00
0190
11656.00
10.00
18,400.00
6.00
11 040.00
14
Construct Trench and Patch Back
280
L.F.
20.00
5,600.00
10.00
2,800.
18.00
5,040.00
35.00
91800.00
15
Install Sprinkler Heads
255
1 E.A.
38.00
9,690.00
13.47
3,434.85
37.00
9,435.00
21.00
5,355.00
16
Install Remote Control Valves
11
E.A.
475.00
192.64
2,119.04
390.00
4,290.00
400.00
4,400.00
17
Install ick Coupler Valves
12
EA.
250.00
133.83
1,605.%
275.00
3,300.00
200.00
2,400.00
18
Install One Galion Shrubs
1,192
EA.
8.00
5.50
6,556.00
5.50
6.556.00
5.00
5,960.00
19
Install Five Gallon Shrubs
333
E.A.
18.00
14.66
4,881.78
17.00
5,661.00
20.00
6,660
20
Install Eldarica Pine W /Root Barrier
36
EA.
300.00
1
I
259.19
9,330.84
310.00
11,160.00
300.00
10,
21
Install Magnolia Grandifora W /Root Barrier
62
E.A.
150.00
94.74
5,873.88
225.00
13,950.00
80.00
4, %0.
22
Install Ground Cover
2,940
S.F.
0.50
0.47
1,381.80
0.65
1,911.00
1.50
4 410.00
23
Install Mulch
23,380
S.F.
0.20
0.07
1,636.60
0.50
11,690.00
020
4.676A0
24
Soil Preparation
23,380
S.F.
0.25
5,845.00
0.16
3,740.80
0.20
4,676.00
0.40
9,352.00
25
lProvide and Install Electrical Facilites
1
L.S.
15,000.00
15,000.00
1,100.00
1,100.00
1,500.00
1,500.00
5,000.00
5,000.00
26
1 Remove, Store and Reinstall Traffic Signs
1
L.S.
2 000.00
2,000.00
n/c
1 200.00
200.00
1,500.00
1,500.00
27
160-Day Plant Est. and Maint. Period
1
L.S.
4,800.00
4,800.00
880.00
880.00
1,800.00
1,800.00
1,000.00
1,000.00
EE 260,000.00
LOW
146108.81
2ND
250,055.73
3RD
263,717.00
Bid Amount;$156,172.17
f: WsersXpbwlsharedlcordract100 01 "BID SUMMARY 03459 Page I
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
TITLE JAMBOREE ROAD MEDIAN IMPROVEMENTS BID LOCATION: City Clerk's Office -City Hall
CONTRACT NO.: 3459 DATE: 294ay02 TIME: 11:00
ENGINEER'S ESTIMATE: ;260,000.00 BY: Stephen Luy CHECKED: Shari Rooks DATE: 09-Ma 02
PROJECT MANAGER: Stephen Luy
f: \users\pbw \Shared\contract 100 -01 \\SID SUMMARY C -3459 Page 2
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f: \users\pbw \Shared\contract 100 -01 \\SID SUMMARY C -3459 Page 2
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JAMBOREE ROAD MEDIAN IMPROVEMEP
BRISTOL STREET TO CAMPUS DRIVE
I
CONTRACT NO. 3459
oRAwme no. EXHIBIT A
"DRAFT" 0
COOPERATIVE AGREEMENT
For
Jamboree Road Median Improvements from Bristol Street to Campus 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 IRVINE
C'fie'):
RECITALS
WHEREAS, the median reconstruction of Jamboree Road between Bristol Street and Campus
Drive, is a project that involves Irvine and Newport Beach because the city boundary line exists
along the centerline of the Project.
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 the Cities of Newport Beach and Irvine, 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.
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. The total cost for the project is estimated at $286,000, which includes a 10% contingency.
Subject to prior approval by Irvine of the award for the construction contract, Irvine will
reimburse Newport Beach for Irvine's share of construction costs estimated at $77,800. The
total cost for construction administration, survey, testing, and inspection is estimated at $39,000
of which Irvine would be responsible for $10,530. Newport Beach will invoice Irvine when the
project is complete and Irvine shall make payment to Newport Beach within 30 days of the
invoice.
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. The total landscaped area is approximately 23,380 square feet of which 5,920 square feet is
within Irvine City limits. The total annual irrigation and maintenance costs are estimated at
$6,700. Newport Beach will pay for irrigation and maintenance for the median planters. Irvine
"DRAFT" 0
will reimburse 25% of that total cost to the City of Newport Beach, estimated at $1675. Irvine
will be invoiced annually and payment is due within 30 days of the invoice.
S. 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 Drawings, 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 6 -1 of the Special Provisions and
Section G of the Contract for the Project. Newport Beach and Irvine 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.
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 Newport Beach:
Bill Patapoff
Public Works Department
P.O. Box 1768
Newport Beach, CA 92658 -8915
(949) 644 -3321
To Irvine:
James H. Eldridge
Public Works Department
P.O. Box 19575
Irvine, California 92623 -9575
(949) 724 -7556
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 Newport Beach or the City Manager of Irvine. 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. 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, 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.
to "DRAFT"' 0
I5. 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.
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, Newport Beach and Irvine 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
:a]ig`Zai�lt]
By: Larry Agran, Mayor
By: City Clerk
APPROVED AS TO FORM:
0
Attorney
Pity. of Newport Beach NO. BA- 046 '
BUDGET AMENDMENT
2001 -02 AMOUNT: 5100,3o0.ao
EFFECT ON BUDGETARY FUND BALANCE:
8 Increase Revenue Estimates ® Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the follovring:
To increase expenditure appropriations related to the Jamboree Road Median Improvement project, C -3459.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
260 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Circulation & Transportation
Description
Signed: 16,i6 4' 2 ec�,
Financial Approval: Admin7�Q: ctor
Signed: 7YrMYG6�,
AdAinistrati ve Approval Clty Manager
Amount
Debit Credit
$100,300.00
$10D,300.00
. r -v
Date
ate
Signed:
City Council Approval: City Cleric Dare
Description
Division
Number
7261 Circulation & Transportation
Account
Number
C5100580 Jamboree Road Median Imrprovements
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed: 16,i6 4' 2 ec�,
Financial Approval: Admin7�Q: ctor
Signed: 7YrMYG6�,
AdAinistrati ve Approval Clty Manager
Amount
Debit Credit
$100,300.00
$10D,300.00
. r -v
Date
ate
Signed:
City Council Approval: City Cleric Dare
` % of Newport Beach
BUDGET AMENDMENT
2001 -02
EFFECT ON
BUDGETARY FUND BALANCE:
Description
Division
Increase Revenue Estimates
j X
Account
Increase Expenditure Appropriations
05100580 Jamboree Road Median Imrprovements
Division
Transfer Budget Appropriations
SOURCE:
Account
Number
from existing budget appropriations
Number
from additional estimated revenues
X
from unappropriated fund balance
EXPLANATION:
41,E
NO. BA- 046
AMOUNT: $00.300.00
Increase in Budgetary Fund Balance
AND X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
lum
To increase expenditure appropriations related to the Jamboree Road Median Improvement project, C -3459.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
260 3605
REVENUE ESTIMATES (3601)
Fund/Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Circulation & Transportation
Description
Signed
Financial Approval: Administrative Be IcZ esDictor
Signed: 944 z. `5 '
Adrdinishrative Approvah City Manager
Signed: 2!%( /�linl� �r� 41,r
City Council Approval: City Clerk
Amount
Debit Credit
$100,300.00
$100,300.00
Date
ate
! /( Gk
Date
Description
Division
Number
7261 Circulation & Transportation
Account
Number
05100580 Jamboree Road Median Imrprovements
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed
Financial Approval: Administrative Be IcZ esDictor
Signed: 944 z. `5 '
Adrdinishrative Approvah City Manager
Signed: 2!%( /�linl� �r� 41,r
City Council Approval: City Clerk
Amount
Debit Credit
$100,300.00
$100,300.00
Date
ate
! /( Gk
Date
MAY 14 2001
TO: Mayor and Members of the City Council
FROM: Public Works Department
May 14, 2002
CITY COUNCIL AGENDA
ITEM NO. 11
SUBJECT: COOPERATIVE AGREEMENT BETWEEN THE CITY OF IRVINE AND
THE CITY OF NEWPORT BEACH FOR THE INSTALLATION OF
MEDIAN LANDSCAPING ON JAMBOREE ROAD BETWEEN CAMPUS
DRIVE AND BRISTOL STREET
RECOMMENDATION:
Approve the Cooperative Agreement (Agreement) between the City of Newport Beach
(Newport Beach) and the City of Irvine (Irvine) for the installation of median landscaping
on Jamboree Road between Campus Drive and Bristol Street, and authorize the Mayor
and the City Clerk to execute the Agreement.
DISCUSSION:
Staff is requesting the City Council approve an Agreement for the installation of median
landscaping along Jamboree Road between Campus Drive and Bristol Street. Because
the City boundary line generally exists along the centerline of Jamboree Road this
project involves the cities of Newport Beach and Irvine. Prior to construction of these
improvements, the Agreement must be executed by both City Councils. Irvine's City
Council will be meeting on May 14, 2002, to authorize its Mayor to sign the Agreement.
The Agreement outlines the total installation costs and administrative roles and
responsibilities for construction and maintenance of the project. The proposed
improvements include the removal of existing median pavement and the installation of
stamped colored concrete, trees, shrubs, ground cover, and irrigation systems.
As outlined in the Agreement, Newport Beach will supervise the construction of this
project within established budgets and time frames and will complete the project using
guidelines established by both the cities of Newport Beach and Irvine. The final design
drawings and cost estimates have been reviewed and approved by both cities.
Construction is anticipated to start in June of 2002.
The total cost for the project is estimated at $286,000, which includes a 10 percent
contingency. Irvine will reimburse Newport Beach for Irvine's share of construction costs
estimated at $77,800. The total cost for construction administration, survey, testing, and
inspection is estimated at $39,000 of which Irvine would be responsible for $10,530.
SUBJECT. COOPERA E RVI
EMENT BETWEEN THE CITY OF INE CITY OF NEWPORT BEACH
FOR THE IN TION OF MEDIAN LANDSCAPING ON AD BETWEEN CAMPUS DRIVE
AND BRISTOL STREET
May 14.2002
Page 2
The total landscaped area is appro)dnately 23,380 square feet and 5,920 square feet of
that is within Irvine's city limits. Total annual irrigation and maintenance costs for the
median planters are estimated at $6,700 and Newport Beach will pay these costs. Irvine
will reimburse Newport for 25 percent of this total annual cost.
i
The Contract for this work will be awarded this fiscal year and funding is provided in the
current Capital Improvement Program budget.
Respectfully
PUB iIUORKS DEPARTMENT
Stephen G. Badum, Director
By:
Step J. Luy, .E.
Project Manager
Attachments: Agreement
Project Location Map
I
COOPERATIVE AGREEMENT
For
Jamboree Road Median Improvements from Bristol Street to Campus 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 IRVINE
( "Irvine"):
RECITALS
WHEREAS, the median reconstruction of Jamboree Road between Bristol Street and Campus
Drive, is a project that involves Irvine and Newport Beach because the city boundary line exists
along the centerline of the Project.
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 the Cities of Newport Beach and Irvine, 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.
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. The total cost for the project is estimated at $286,000, which includes a 10 °A contingency.
Subject to prior approval by Irvine of the award for the construction contract, Irvine will
reimburse Newport Beach for Irvine's share of construction costs estimated at $77,800. The
total cost for construction administration, survey, testing, and inspection is estimated at $39,000
of which Irvine would be responsible for $10,530. Newport Beach will invoice Irvine when the
project is complete and Irvine shall make payment to Newport Beach within 30 days of the
invoice.
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.
The total landscaped area is approximately 23,380 square feet of which 5,920 square feet is
within Irvine City limits. The total annual irrigation and maintenance costs are estimated at
$6,700. Newport Beach will pay for irrigation and maintenance for the median planters. Irvine
% r
will reimburse 25% of that total cost to the City of Newport Beach, estimated at $1675. Irvine
will be invoiced annually and payment is due within 30 days of the invoice.
S. 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 Drawings, 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 6-1 of the Special Provisions and
Section G of the Contract for the Project. Newport Beach and Irvine shall he 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.
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 Newport Beach:
Bill Patapoff
Public Works Department
P.O_ Box 1768
Newport Beach, CA 92658 -8915
(949) 644 -3321
To Irvine:
James H. Eldridge
Public Works Department
P.O. Box 19575
Irvine, California 92623 -9575
(949) 724 -7556
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, concurrerice, 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 Newport Beach or the City Manager of Irvine. 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. 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, 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.
% •
15. 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.
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.
IT 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, Newport Beach and Irvine have caused this Agreement to be executed
by its duly authorized officers and representatives, respectfully, on this day of
.2002.
CITY OF NEWPORT BEACH CITY OF IRVINE
By: Tod W. Ridgeway, Mayor
By: City Clerk
APPROVED AS TO FORM:
rlk��
By: City Attorney
By: Larry Agran, Mayor
By: City Clerk
APPROVED AS TO
MU
01)18
1WAr-N
ik\NNL
Ell
CITY
JIBOREE ROAD MEDIAN IMPROVEMENTS
BRISTOL STREET TO CAMPUS DRIVE
CONTRACT NO- 3459 1
omwine No. EXHIBIT A
COUNCIL AGENDA
No.
April 9, 2002
CITY COUNCIL AGENDA
ITEM NO. 9.
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: COOPERATIVE AGREEMENT BETWEEN THE CITY OF IRVINE AND
THE CITY OF NEWPORT BEACH FOR THE INSTALLATION OF
MEDIAN LANDSCAPING ON JAMBOREE ROAD BETWEEN CAMPUS
DRIVE AND BRISTOL STREET
RECOMMENDATION:
Approve the Cooperative Agreement between the City of Newport Beach (Newport
Beach) and the City of Irvine (Irvine) for the installation of median landscaping on
Jamboree Road between Campus Drive and Bristol Street, and authorize the Mayor
and the City Clerk to execute the Agreement.
DISCUSSION:
Staff is requesting that the City Council approve a cooperative agreement for the
installation of median landscaping along Jamboree Road between Campus Drive and
Bristol Street. Because the City boundary line generally exists along the centerline of
Jamboree Road this project involves the cities of Newport Beach and Irvine. Prior to
construction of these improvements, a cooperative agreement must be executed by
both City Councils. Irvine's City Council will be meeting on April 9, 2002, to authorize
Its Mayor to sign the agreement.
The cooperative agreement outlines the total installation costs and administrative roles
and responsibilities for construction and maintenance of the project. The proposed
improvements include the removal of existing median pavement and the installation of
stamped colored concrete, shrubs, ground cover, and Irrigation control systems.
As outlined in the Agreement, Newport Beach will supervise the construction of this
project within established budgets and time frames and will complete the project using
guidelines established by both the cities of Newport Beach and Irvine. The final design
drawings and cost estimates have been reviewed and approved by both cities.
Construction is anticipated to start in May of 2002.
The total cost for the project is estimated at $264,000, which includes a 10 percent
contingency. Irvine will reimburse Newport Beach for Irvine's share of construction costs
1 estimated at $72,700. The total cost for construction administration, survey, testing, and
inspection is estimated at $36,000 of which Irvine would be responsible for $9,900.
SUBJECT: COOPERATIEMENT BETWEEN THE CITY OF tRVINE ARE CITY OF NEWPORT BEACH
FOR THE INSTALLATION OF MEDIAN LANDSCAPING ON JAMBOREE ROAD BETWEEN CAMPUS DRIVE
AND BRISTOL STREET
March 21.2002
Page 2
The total landscaped area is approximately 23,380 square feet and 5,920 square feet are
within Irvine's city limits. Total annual irrigation and maintenance casts for the median
planters are estimated at $2,700 and Newport Beach will pay these costs. Irvine will
reimburse Newport for 25 percent of that total annual cost.
The Project will be awarded this fiscal year and the budget provides a total of $200,000.
$100,000 for the Citys share of this project is available In Account No. 7261 - 05100580
and $100,000 for Irvine's share is available in Account No. 7251 - 05100580.
Respectfully submitted,
`i
PUBLIC WORKS DEPARTMENT
Stephen G. Badum, Director
By:
Stephe J. Luy, P. E.
Project Manager
Attachments: Agreement
Project Location Map
s
COOPERATIVE AGREEMENT
For
Jamboree Road Median Improvements from Bristol Street to Campus 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 IRVINE
( "Irvine's:
RECITALS
WHEREAS, the median reconstruction of Jamboree Road between Bristol Street and Campus
Drive, is a project that involves Irvine and Newport Beach because the city boundary line exists
along the centerline of the Project.
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 the Cities of Newport Beach and Irvine, 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. The total cost for the project is estimated at $264,000, which includes a 10% contingency.
Subject to prior approval by Irvine of the award for the construction contract, Irvine will
reimburse Newport Beach for Irvine's share of construction costs estimated at $72,700. The
total cost for construction administration, survey, testing, and inspection is estimated at $36,000
of which Irvine would be responsible for $9,900. Newport Beach will invoice Irvine when the
project is complete and Irvine shall make payment to Newport Beach witbin 30 days of the
invoice.
S. 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. The total landscaped area is approximately 23,380 square feet of which 5,920 square feet is
within Irvine City limits. The total annual irrigation and maintenance costs are estimated at
12,700. Newport Beach will pay for irrigation and maintenance for the median planters. Irvine
% 0
will reimburse 25% of that total cost to the City of Newport Beach, estimated at $675. Irvine
will be invoiced annually and payment is due within 30 days of the invoice.
S. 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 Drawings, 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 6 -1 of the Special Provisions and
Section G of the Contract for the Project. Newport Beach and Irvine 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.
IT. 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 New Beach:
Bill Patapoff
Public Works Department
P.O. Box 1768
Newport Beach, CA 92658 -8915
(949) 644 -3321
To Irvine:
James H. Eldridge
Public Works Department
P.O. Box 19575
Irvine, California 92623 -9575
(949) 724 -7556
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 Newport Beach or the City Manager of Irvine. 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. 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, 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.
40#
I5. 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.
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 Catifomia, 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 WrMTESS WHEREOF, Newport Beach and hvine have caused this Agreement to be executed
by its duly authorized officers and representatives, respectfully, on this day of
.2002.
CITY OF NEWPORT BEACH CITY OF IRVINE
By: Tod W. Ridgeway, Mayor
By: City Clerk
APPROVED AS TO FORM:
By: City Attorney
By: Larry Agran, Mayor
By: City Clerk
101716
OR-
OAF
CONTRACT NO. 3459
BRISTOL STREET TO CAMPUS DRIVE
(32)
C_3y55
April 9, 2002
CITY COUNCIL AGENDA
TO: Mayor and Members of the City Council
APR o s 2002
FROM: Public Works Department
SUBJECT: COOPERATIVE AGREEMENT BETWEEN THE CI
THE CITY OF NEWPORT BEACH FOR THE INSTALLATION OF
MEDIAN LANDSCAPING ON JAMBOREE ROAD BETWEEN CAMPUS
DRIVE AND BRISTOL STREET &,,"A , >to %- j-a3
RECOMMENDATION:
Approve the Cooperative Agreement between the City of Newport Beach (Newport
Beach) and the City of Irvine (Irvine) for the installation of median landscaping on
Jamboree Road between Campus Drive and Bristol Street, and authorize the Mayor
and the City Clerk to execute the Agreement.
DISCUSSION:
Staff is requesting that the City Council approve a cooperative agreement for the
Installation of median landscaping along Jamboree Road between Campus Drive and
Bristol Street. Because the City boundary line generally exists along the centerline of
Jamboree Road this project involves the cities of Newport Beach and Irvine. Prior to
construction of these improvements, a cooperative agreement must be executed by
both City Councils. Irvine's City Council will be meeting on April 9, 2002, to authorize
its Mayor to sign the agreement.
The cooperative agreement outlines the total installation costs and administrative roles
and responsibilities for construction and maintenance of the project. The proposed
improvements include the removal of existing median pavement and the installation of
stamped colored concrete, shrubs, ground cover, and irrigation control systems.
As outlined in the Agreement, Newport Beach will supervise the construction of this
project within established budgets and time frames and will complete the project using
guidelines established by both the cities of Newport Beach and Irvine. The final design
drawings and cost estimates have been reviewed and approved by both cities.
Construction is anticipated to start in May of 2002.
The total cost for the project is estimated at $264,000, which includes a 10 percent
contingency. Irvine will reimburse Newport Beach for Irvine's share of construction costs
estimated at $72,700. The total cost for construction administration, survey, testing, and
inspection is estimated at $36,000 of which Irvine would be responsible for $9,900.
SUBJECT: COOPERATI REEMENi BETWEEN THE CITY OF IRVINE #E CITY OF NEWPORT BEACH
FOR THE INST TION OF MEDIAN LANDSCAPING ON JAMBOREE ROAD BETWEEN CAMPUS DRIVE
AND BRISTOL STREET
March 21, 2002
Page 2
The total landscaped area is approximately 23,380 square feet and 5,920 square feet are
within Irvine's city limits. Total annual irrigation and maintenance costs for the median
planters are estimated at $2,700 and Newport Beach will pay these costs. Irvine will
reimburse Newport for 25 percent of that total annual cost.
The Project will be awarded this fiscal year and the budget provides a total of $200,000.
$100,000 for the City's share of this project is available in Account No. 7261- C5100580
and $100,000 for Irvine's share is available in Account No. 7251- C5100580.
Respectfully submitted,
PUBLIC WORKS DEPARTMENT
Stephen G. Badum, Director
By: /Z4� zz
StephenrJ. Luy, P. E. v Of
Project Manager
Attachments: Agreement
Project Location Map
COOPERATIVE AGREEMENT
For
Jamboree Road Median Improvements from Bristol Street to Campus 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 IRVINE
("Irvine "):
RECITALS
WHEREAS, the median reconstruction of Jamboree Road between Bristol Street and Campus
Drive, is a project that involves Irvine and Newport Beach because the city boundary line exists
along the centerline of the Project.
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 by the Cities of Newport Beach and Irvine, 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 "N'). 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. The total cost for the project is estimated at $264,000, which includes a 10% contingency.
Subject to prior approval by Irvine of the award for the construction contract, Irvine will
reimburse Newport Beach for Irvine's share of construction costs estimated at $72,700. The
total cost for construction administration, survey, testing, and inspection is estimated at $36,000
of which Irvine would be responsible for $9,900. Newport Beach will invoice Irvine when the
project is complete and Irvine shall make payment to Newport Beach within 30 days of the
invoice.
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.
The total landscaped area is approximately 23,380 square feet of which 5,920 square feet is
within Irvine City limits. The total annual irrigation and maintenance costs are estimated at
$2,700. Newport Beach will pay for irrigation and maintenance for the median planters. Irvine
� e
will reimburse 25% of that total cost to the City of Newport Beach, estimated at $675. Irvine
will be invoiced annually and payment is due within 30 days of the invoice.
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 Drawings, 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 6 -1 of the Special Provisions and
Section G of the Contract for the Project Newport Beach and Irvine 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.
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 Newport Beach:
Bill Patapoff
Public Works Department
P.O. Box 1768
Newport Beach, CA 92658 -8915
(949) 644 -3321
To Irvine:
James H. Eldridge
Public Works Department
P.O. Box 19575
Irvine, California 92623 -9575
(949) 724 -7556
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 Newport Beach or the City Manager of Irvine. 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. 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, 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.
a e
15. 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.
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 wan-ant 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, Newport Beach and Irvine 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 OF IRVINE
By: Larry Agran, Mayor
By: City Clerk
AS TO FORM:
BRISTOL STREET TO CAMPUS DRIVE