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Home My WebLink AboutC-3469 - Coorperative Agreement for Jamboree Road/MacArthur Boulevard Intersection Improvments (Project)G314 (Pq 0 0 COOPERATIVE AGREEMENT FOR JAMBOREE ROAD /MACARTHUR BOULEVARD INTERSECTION IMPROVEMENTS (PROJECT) This Agreement is made and entered into this 3c:4" day of 2002, by and between the CITY OF NEWPORT BEACH ( "Newport Beach ") and the CITY OF IRVINE ( "Irvine "): RECITALS A. WHEREAS, the intersection improvements at Jamboree Road and MacArthur Boulevard are Intersection Improvement and Growth Management Area Projects approved by the Orange County Transportation Authority (OCTA). The Project involves Newport Beach and Irvine because the city boundary line exists through the intersection of the Project; and B. WHEREAS, the OCTA will fund construction costs up to $730,380. CONTRACT TERMS AND CONDITIONS 1. Newport Beach will supervise the construction of the Project to the best of its ability within the established budget and time frame, and shall implement and complete the Project under guidelines established by OCTA, and will follow all public bid and contract procedures. 2. The terms of this Agreement cover the administrative responsibilities of the parties with regard to the Project, but not the actual construction of the Project itself, although Newport Beach will cause the construction to be completed. 3. Irvine has reviewed and signed the final design drawings and reviewed the engineer's construction cost estimate (Attachment "A "). Irvine shall receive a complete breakdown of the actual construction costs prior to invoicing, and shall be invoiced for As portion of the cost incurred by Newport Beach upon completion of the construction phase. 4. Subject to prior approval by Irvine of the award for the construction contract, Irvine will reimburse Newport Beach for Irvine's share of "eligible" construction costs (estimated at $398,000. Irvine will reimburse Newport Beach for two thirds (2/3) of the costs for construction administration, survey, testing and inspection. The total cost for construction administration, survey, testing, and inspection is estimated at $196,000 of which Irvine would be responsible for $134,000. Irvine will reimburse Newport Beach for 100 percent of "non - eligible" construction costs (estimated at $585,000), defined as non- eligible participating items of work within Irvine right -of -way. 5. Additional consulting services affecting Irvine shall be reviewed and approved by Irvine. 6. Change orders affecting Irvine shall be reviewed and approved by Irvine prior to granting approval with the Contractor. 7. Newport Beach will coordinate with Irvine for all work involving traffic signals. 0 M 8. Inspectors and /or engineers from both Cities will coordinate for spot construction inspections and a site walk prior to completion of the project. 9. As referenced in the Special Provisions Proposal and Contract for the Project, the "Owner" shall refer to Newport Beach and the contract responsibilities held by Newport Beach. 10. Newport Beach shall require that the independent contractor provide the necessary insurance coverage for construction work, as specified in Section 7 -3 of the Special Provisions Proposal and Contract for the Project. Newport Beach and Irvine shall be named as additionally insured parties in the Special Provisions Proposal and Contract for the Project, and shall be insured for the amounts specified in Section 7 -3 of the Special Provisions Proposal and Contract. 11.The following staff members, or as otherwise designated in writing by the City Manager of Irvine or the City Manager of Newport Beach, shall be the selected representatives of each City to act in each respective City's behalf with respect to this Agreement. Any notices, requests, approvals, or communications shall be given to each representative noted below: To Irvine: David K. Mori Public Works Department P.O. Box 19575 Irvine, CA 92623 -9575 (949) 724 -7553 To Newport Beach: Bill Patapoff Public Works Department P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3321 12. Each of the parties agrees to do all things in a timely manner reasonably necessary or convenient to carry out the spirit, intentions and objectives described in this Agreement whether or not expressly prescribed herein and no consent, agreement, approval, concurrence, decision, determination or action shall be unreasonably withheld by either part. 13.Any controversy or claim arising out of this Agreement or alleged breach thereof shall first be resolved through voluntary mediation or as otherwise designated in writing by the City Manager of Irvine or the City Manager of Newport Beach. Said City Managers shall be the selected representatives of each City to act in each respective City's behalf with respect to this Agreement. 14. Irvine shall indemnify, defend, save and hold harmless Newport Beach, its City Council, officers, and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims caused by the willful actions or active negligence of Irvine, its employees, or agents in the performance of its obligations pursuant to this Agreement, and shall include attorneys' fees and other reasonable costs incurred in defending any such claim. 15. Newport Beach shall indemnify, defend, save and hold harmless Irvine, its City Council, officers, and employees from and against any and all loss, damages, liability, claims, z allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims caused by the willful actions or active negligence of Newport Beach, its employees, or agents in the performance of its obligations pursuant to this Agreement, and shall include attorneys' fees and other reasonable costs incurred in defending any such claim. 16.This Agreement represents the entire understanding of the parties as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and construed as if drafted jointly by Irvine and Newport Beach. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 17. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. This Agreement shall be made effective upon execution by both parties and shall remain in effect until project reimbursement is complete or both parties agree to amend or terminate it. IN WITNESS WHEREOF, Irvine and Newport Beach have caused this Agreement to be executed by its duly authorized officers and representatives, respectfully, on this ZPD day of (j(IVU , 2002. CITY OF,FRVINE CITY OF NEWPORT BEACH �6-- By:'/Laran, yor By: Tod W. Rid way, Ma y of ryr ine City of Newp Beach ATTEST: ATTEST: By: City Clerk City of Irvine APPROVED AS TO FORM: By:�CVy AttoWE City of Irvine 3 1 \/-),I q,/ q,/ .�Z)-9 By: City Clerk City of Newport Beach APPROVE S TO FORM: —L-,4-1 I U'r By: City torney City of Newport Beach ENGINEER'S COST ESTIMATE (Preliminary) JAMBOREE ROAD! MacARTHUR BOULEVARD IMPROVEMENTS 91412002 ITEM UNIT UNIT PRICE QUANT11 TY N.B. Irvine I Proled TOTAL N.B. I Irvine Pro'ect Mob, izabon LS 6000. 33% 67% IF- 20000 40000 60000 Traffic Control LS 50000.0 50% 50%1 1 25000 25000 50000 Clear & Grub AC 7500.0 33% 67% 1 2500 5000 7500 Unclassified Excavation Cy 40.01 750 2450 3200 30000 98000 128000 8' PCC Curb & Gutter LF 16.5 333 830 1163 5495 13695 19190 6' PCC Curb (Median) LF 12.5 738 0 738 9225 0 9225 6' PCC Curb & Gutter Median LF 15.01 402 641 1043 6030 9615 15645 V Stamped Concrete Median SF 6.01 2786 0 2786 16716 0 16716 4' PCC Sidewalk SF 3.01- 3654 4934 8588 109621 14802 25764 T e'C' PCC PassMe Way SF 10.01 117 0 117 1170 0 1170 PCC Curb Ramp Case E EA 750.0 1 1 2 750 750 1500 PCC Bus Pad Turnout SF 18.0 950 0 950 17100 0 17100 As ha@Concrete 7' TN 52.0 189 492 681 9828 25584 35412 Asphalt Concrete (10' Deep Lift) TN 52.0 336 126 462 17472 6552 24024 Aggregate Base 24 TN 28.0 611 1585 2196 17108 44380 61488 Slurry Seal SY 1.5 7800 5230 13030 11700 7845 19545 Retaining Wall SF 55.0 0 6200 6200 0 341000 341000 Drainage -12' HDPE LF 75.0 33 79 112 2475 5925 8400 Dra' a -18' RCP LF 1 100.0 34 24 58 3400 2400 5800 Drainage - 24' RCP LF 1 120.01 0 82 82 0 9840 9840 Curb Inlet Type OS - 3.5' NB City Std. 306 -L EA 1 3500.0 1 0 1 3500 0 3500 Cwt Inlet Type OL -14' B Cily Std. 306-L EA 1 4800.01 1 0 1 4800 0 4800 Curb Inlet Type ll -7.5' Irvine Std. 300 EA 1 4200.01 0 1 1 0 4200 4200 Curb Inlet T II -14' Irvine Std. 300 EA 4800.0 0 3 3 0 14400 14400 Curb Inlet T II - 21' Irvine Std. 300 EA 5400.0 0 2 2 0 10800 10800 Junction Sb. No. t Irvine Std. 3101 EA 4500.0 2 2 0 9000 9000 Concrete Collar NB Std. 313 -L EA 1600.0 1 1 2 1600 1600 3200 Junction Str. No.1 NB Std. 310-L EA 4500.0 3 0 3 13500 0 13500 Adjust MH to Grade EA 450.0 3 0 3 1350 0 1350 Adjust Water Valve to Grade IRWD EA 350.0 1 4 5 350 1400 1750 Relocate WaterAVAR Valve IRWD EA 1800.0 0 1 1 0 1800 1800 Traffic Signal Modification LS 125000.0 1 0 1 93750 31250 125000 RelocatelAd'ust SCE Vents & Vault LS 25000.0 0 0 1 0 25000 25000 Ad'ustPacBell Vaull LS 15000.0 0 0 1 0 15000 15000 Remove Euc Tree 18' -24' EA 1500.0 1 9 10 1500 13500 15000 I ' allon Meter EA 3500.0 1 1 2 3500 3500 7000 I ' ation & Landscaping SF 8.0 9040 13560 22600 72320 108480 180800 Traffic Striping 8S' n LS 10000.0 65% 35% 11 65001 3500 10000 Subtotal 1 4096011 893810 3 nfin enc f0% 409601 8938ZI 130342 Cont. E c 5% 614401 1WT31 195513 Total 1 §120011 1 7 7 7 ftht-af-way acquisition casts are not included. Prepared br NFM EMInseing, Ina Fee: k:INmW eeachUembaree MwA&a10os ftWdksir4 Cost Shares EsOmffie UP COST SHARES IIP AMOUNT Newpoit Beach41P Irvine -IIP 14200 4733 9467 14200 7100 7100 710 237 473 41230 9663 31567 30814 8823 21991 0 0 0 0 0 0 0 0 0 86975 37006 49969 0 0 0 0 0 0 0 0 0 97000 26921 70079 47165 34302 12863 0 0 0 0 0 0 99045 0 99045 0 0 0 0 0 0 0 0 0 14910 7455 7455 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 533 533 0 1065 213 852 0 0 0 70858 53144 17715 53250 26625 26625 0 0 0 0 0 0 0 0 0 8946 3578 5368 3408 2215 1193 584309 222548 361761 58429 22255 36176 87642 33382 54264 730360 278183 452198 City Funds Needed: 233818 665075 HMO 9142002 Page 1 of t • OCT 2 2 2002 TO: Mayor and Members of the City Council FROM: Public Works Department 0 October 22, 2002 CITY COUNCIL AGENDA ITEM NO. S SUBJECT: JAMBOREE ROAD /MACARTHUR BOULEVARD COOPERATIVE AGREEMENT WITH THE CITY OF IRVINE RECOMMENDATION: Approve the Cooperative Agreement between the City of Newport Beach and the City of Irvine for the construction of the improvements at Jamboree Road and MacArthur Boulevard and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: The City of Newport Beach is the lead agency for the construction phase of the improvements to the intersection of Jamboree Road and MacArthur Boulevard. Construction funds in the amount of $730,380 were approved for the project by the Orange County Transportation Authority (OCTA) through the Intersection Improvement Program. The remainder ($900,000) of the $1.6 million project will be shared between the cities, with Irvine's share being approximately two- thirds and Newport Beach's being approximately one -thins of the costs. Improvements to the intersection include: • Widening the roadway to provide second left turn lanes from MacArthur Boulevard to Jamboree Road to improve intersection capacity • Re- configuring the Jamboree Road southbound right turn lane onto MacArthur Boulevard • Adding landscaping to the medians Constructing a retaining wall and sidewalk along the northerly property line on MacArthur Boulevard in the City of Irvine • Traffic signal and striping modifications The plans have been reviewed by both the City of Newport Beach and the City of Irvine and the project will be advertised for bid after the Agreement is fully executed. Irvine approved the Agreement at their September 24, 2002, City Council meeting. The Cooperative Agreement defines each City's roles and responsibilities. Newport Beach will be responsible for construction administration and Irvine will reimburse C -34q C3g ) SUBJECT: JAMBOREE ROADWTHUR BOULEVARD COOPERATIVE AGREE WITH THE CITY OF IRVINE October 22, 2002 Page 2 Newport Beach two- thirds of the costs for construction engineering, survey, testing, and inspection. Staff requests approval of the Cooperative Agreement so the construction portion of the project can begin. Respectfully WORKS DEPARTMENT G. Badum, P.E. M ,►. // Bill .. City Attachment: Cooperative Agreement I' COOPERATIVE AGREEMENT FOR JAMBOREE ROADIMACARTHUR BOULEVARD INTERSECTION IMPROVEMENTS (PROJECT) This Agreement is made and entered into this day of , 2002, by and between the CITY OF NEWPORT BEACH ( "Newport Beach ") and the CITY OF IRVINE ( "Irvine'): RECITALS A. WHEREAS, the intersection improvements at Jamboree Road and MacArthur Boulevard are Intersection Improvement and Growth Management Area Projects approved by the Orange County Transportation Authority (OCTA). The Project involves Newport Beach and Irvine because the city boundary line exists through the intersection of the Project; and B. WHEREAS, the OCTA will fund construction costs up to $730,380. CONTRACT TERMS AND CONDITIONS 1. Newport Beach will supervise the construction of the Project to the best of its ability within the established budget and time frame, and shall implement and complete the Project under guidelines established by OCTA, and will follow all public bid and contract procedures. 2. The terms of this Agreement cover the administrative responsibilities of the parties with regard to the Project, but not the actual construction of the Project itself, although Newport Beach will cause the construction to be completed. 3. Irvine has reviewed and signed the final design drawings and reviewed the engineer's construction cost estimate (Attachment "A "). Irvine shall receive a complete breakdown of the actual construction costs prior to invoicing, and shall be invoiced for its portion of the cost incurred by Newport Beach upon completion of the construction phase. 4. Subject to prior approval by Irvine of the award for the construction contract, Irvine will reimburse Newport Beach for Irvine's share of "eligible" construction costs (estimated at $398,000. Irvine will reimburse Newport Beach for two thirds (213) of the costs for construction administration, survey, testing and inspection. The total cost for construction administration, survey, testing, and inspection is estimated at $196,000 of which Irvine would be responsible for $134,000. Irvine will reimburse Newport Beach for 100 percent of "non - eligible" construction costs (estimated at $585,000, defined as non - eligible participating items of work within Irvine right -of -way. 5. Additional consulting services affecting Irvine shall be reviewed and approved by Irvine. 6. Change orders affecting Irvine shall be reviewed and approved by Irvine prior to granting approval with the Contractor. 7. Newport Beach will coordinate with Irvine for all work involving traffic signals. 0 0 8. Inspectors and /or engineers from both Cities will coordinate for spot construction inspections and a site walk prior to completion of the project. 9. As referenced in the Special Provisions Proposal and Contract for the Project, the "Owner" shall refer to Newport Beach and the contract responsibilities held by Newport Beach. 10. Newport Beach shall require that the independent contractor provide the necessary insurance coverage for construction work, as specified. in Section 7 -3 of the Special Provisions Proposal and Contract for the Project. Newport Beach and Irvine shall be named as additionally insured parties in the Special Provisions Proposal and Contract for the Project, and shall be insured for the amounts specified in Section 7 -3 of the Special Provisions Proposal and Contract. 11. The following staff members, or as otherwise designated in writing by the City Manager of Irvine or the City Manager of Newport Beach, shall be the selected representatives of each City to act in each respective City's behalf with respect to this Agreement. Any notices, requests, approvals, or communications shall be given to each representative noted below: To Irvine: David K. Mori Public Works Department P.O. Box 19575 Irvine, CA 92623 -9575 (949) 724 -7553 To Newport Beach: Bill Patapoff Public Works Department P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3321 12. Each of the parties agrees to do all things in a timely manner reasonably necessary or convenient to carry out the spirit, intentions and objectives described in this Agreement whether or not expressly prescribed herein and no consent, agreement, approval, concurrence, decision, determination or action shall be unreasonably withheld by either party. 13: Any controversy or claim arising out of this Agreement or alleged breach thereof shall first be resolved through voluntary mediation or as otherwise designated in writing by the City Manager of Irvine or the City Manager of Newport Beach. Said City Managers shall be the selected representatives of each City to act in each respective City's behalf with respect to this Agreement. 14. Irvine shall indemnify, defend, save and hold harmless Newport Beach, its City Council, officers, and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims caused by the willful actions or active negligence of Irvine, its employees, or agents in the performance of its obligations pursuant to this Agreement, and shall include attomeys' fees and other reasonable costs incurred in defending any such claim. 15. Newport Beach shall indemnify, defend, save and hold harmless Irvine, its City Council, officers, and.employees from and against any and all loss, damages, liability, claims, E 4 01 0 allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, .or any other claims caused by the willful actions or active negligence of Newport Beach, its employees, or agents in the performance of its obligations pursuant to this Agreement, and shall include attorneys' fees and other reasonable costs incurred in defending any such claim. 16. This Agreement represents the entire understanding of the parties as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and construed as if drafted jointly by Irvine and Newport Beach. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 17. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. This Agreement shall be made effective upon execution by both parties and shall remain in effect until project reimbursement is complete or both parties agree to amend or terminate it. IN WITNESS WHEREOF, Irvine and Newport Beach have caused this Agreement to be executed by its duly authorized officers and representatives, respectfully, on this day of , 2002. CITY OF IRVINE Larry Agran, Mayor ATTEST: By: City Clerk City of Irvine APPROVED AS TO FORM: By: City Attorney City of Irvine CITY OF NEWPORT BEACH By: Tod W. Ridgeway, Mayor ATTEST: By: City Clerk City of Newport Beach APPROVED AS TO FORM: By: City Attorney City of Newport Beach f.\users\pbw\shared \contracts\ty 02 -03\macarthur bljamboree rd intersection improvements\coop egmt Am C ENGINEER'S COST ESTIMATE (Preliminary) JAMBOREE ROAD 1 MacARTHUR BOULEVARD IMPROVEMENTS 0910612002 ITEM UNIT UNIT PRICE QUANTITY N.B. Irvine I Proied I TOTAL N.B. Irvine Protect Mobilization LS 60000.0 33% 67% 1 20000 40000 9663 Traffic Control LS 50000.0 50% 50% 1 25000 25000 50000 Clear &Grub AC 7500.0 33% 67% 1 2500 5000 7500 Unclassified Excavation CY 40.0 750 2450 3200 30000 98000 128000 8" PCC Curb & Gutter LF 16.5 333 830 1163 5495 13695 19190 6" PCC Curb Median LF 12.5 738 0 738 9225 0 9225 6" PCC Curb & Gutter Median LF 15.0 402 641 1043 6030 9615 15645 4" StanVed Concrete Median SF 6.0 2786 0 2786 16716 0 16716 4°fCC Sidewalk SF 3.0 3654 4934 8588 10962 14802 25764 T 'C' PCC Passage Way SF 1 10.01 117 01 1171 1170 01 1170 PCC Curb Ramp Case E EA 750.0 1 1 2 750 7501 1500 PCC Bus Pad Turnout SF 18.0 950 0 950 17100 0 17100 Asphalt Concrete TN 52.0 189 492 681 9828 25584 35412 Asphalt Concrete 10' Deep Lift TN 52.0 336 126 462 17472 6552 24024 Aggregate Base 24 TN 28.0 611 1585 2196 17108 44380 61488 Slurry Seal SY 1.5 7800 5230 13030 11700 7845 19545 Retaininfl Wall SF 55.0 0 6200 6200 0 341000 341000 Drainage -12" HDPE LF 75.0 33 79 112 2475 5925 8400 Drainage -1 B" RCP LF 100.0 34 24 58 3400 2400 5800 Drainage - 24" RCP LF 120.01 0 821 821 0 9840 9840 Curb Inlet Type OS -3.5' NB City Std. 306 -L EA 3500.0 1 0 1 3500 01 3500 Curb Inlet Type OL -14' NB City Std. 3064. EA 4800.0 1 0 1 4800 01 4800 Curb Inlet Type 11.7.5' Irvine Std. 300 EA 4200.0 0 1 1 0 4200 4200 Curb Inlet Type 11.14' Irvine Std. 300 EA 4800.0 0 3 3 0 14400 14400 Curb Inlet Type ll -21' Irvine Std. 300 EA 5400.0 0 2 2 0 10800 10800 Junction Sir. No. 1 Irvine Std. 310 -1. EA 4500.0 2 2 0 9000 9000 Concrete Collar NB Std. 313 -L EA 1600.0 1 1 2 1600 1600 3200 Junction Sir. No. 1 NB Std. 310-L EA 4500.0 3 0 3 13500 0 13500 Ad'ust MH to Grade EA 450.0 3 0 3 1350 - 0 1350 Adjust Water Valve to Grade IRWD EA 350.01 1 4 5 350 1400 1750 Relocate Water AVAR Valve IRWD EA 1800.01 0 1 11 0 1800 1800 Traffic Signal Modification LS 125000.0 1 0 1 93750 31250 125000 Relocate/Ad ust SCE Vents & Vault LS 25000.01 0 1 0 25000 25000 Ad'ust PacBell Vault LS 15000.01 0 01 1 0 15000 15000 Remove Euc Tree 18 " -24° EA 1500.0 1 9 10 1500 13500 15000 Irrigation Meter EA 3500.0 1 1 2 3500 3500 7000 ' ation & Landsca i SF B.0 9040 13560 22600 72320 108480 180800 Traffic Std in &Signing LS 10000.0 65% 35% 1 6500 3500 10000 ubfofal 0 8 1 ConNn 10% 40960 893821 130342 614401 _ 1340731 512Qgil 11172ZIl 1629273 Right-of-way acquisition costs are not included. Prepared by. IffM 6igeieallg.1m. Fla: k:WeepodaeachUambom MmAdhuffimaWewpon- IrArm Co t9hwa Esfinio.xls 6 IIP COST SHARES IIP AMOUNT Newport Beach -IIP Irvine-11P 14200 4733 9467 14200 7100 7100 710 237 473 41230 9663 31567 30814 8823 21991 0 0 0 0 0 0 0 0 0 86975 37006 49969 0 0. 0 0 0 0 0 0 0 97000 26921 70079 47165 34302 12863 0 0 0 0 0 0 99045 0 99045 0 0 0 0 0 0 0 0 0 14910 7455 7455 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 533 533 0 1065 213 852 0 0 0 70858 53144 17715 53250 26625 26625 0 0 a 0 0 0 0 0 0 8946 3578 5368 3408 2215 1193 584309 222548 361761 58429 22255 36176 87642 33382 54264 730380 278183 452198 C Funds Needed: 233818 665075 Pdnted: 091062002 Page 1 of I 0