HomeMy WebLinkAboutC-5158 - Cooperative Agreement for Rehabilitation of Jamboree Road MacArthur Boulevard to Campus DriveDUPLICATE
COOPERATIVE AGREEMENT
For
1
Rehabilitation of Jamboree Road from MacArthur Boulevard to Campus Drive
RECITALS
A. Whereas, the purpose of this Agreement is to define roles and responsibilities for the
rehabilitation of Jamboree Road from MacArthur Boulevard to Campus Drive
(collectively hereinafter referred to as 'PROJECT') within the Cities of Irvine
(hereinafter referred to as "IRVINE ") and Newport Beach (hereinafter referred to as
"NEWPORT BEACH").
B. Whereas, each City is responsible for their share of costs as described below.
CONTRACT TERMS AND CONDITIONS
1. IRVINE will manage the design and construction of the PROJECT to the best of its
ability within the established budget and time frame, and shall implement the
PROJECT under guidelines established by the Orange County Transportation
Authority and Caltrans.
2. The terms of this Agreement cover the administrative, design and construction
responsibilities and costs of the parties with regard to the PROJECT. IRVINE will
cause the construction to be completed in accordance with the contract
documents.
3. Upon completion of design and NEWPORT BEACH's approval of the design plans
for the segment within its City, NEWPORT BEACH shall reimburse IRVINE for its
share of costs of the material report, design services and administration based on
invoices to be provided by IRVINE for NEWPORT BEACH's share as shown in the
cost estimate attached hereto as Exhibit A and incorporated herein by reference.
4. NEWPORT BEACH agrees to waive the obligation to secure an encroachment
permit for PROJECT.
5. IRVINE shall provide NEWPORT BEACH a complete breakdown of the engineer's
estimate of probable construction costs for the segment of the PROJECT within
NEWPORT BEACH prior to advertising the PROJECT.
6. Subject to prior approval by NEWPORT BEACH of the award for the construction
contract, NEWPORT BEACH will advance IRVINE half of NEWPORT BEACH's
share of costs within thirty (30) days after the PROJECT construction start date as
defined on the Notice to Proceed. NEWPORT BEACH shall pay IRVINE the
remaining half of NEWPORT BEACH's share of costs within thirty (30) days of
%61�a
IRVINE filing of the Notice of Completion with submittal of invoices by IRVINE to
NEWPORT BEACH.
7. Additional consulting services affecting NEWPORT BEACH shall be reviewed and
shall be subject to written approval by NEWPORT BEACH prior to commencement
of additional services by consultant. Costs related to the additional consulting
services and administration will be reimbursed by NEWPORT BEACH no later than
thirty (30) days of IRVINE filing of the Notice of Completion with submittal of
invoices by IRVINE to NEWPORT BEACH.
8. Change orders affecting NEWPORT BEACH shall be reviewed and shall be
subject to written approval by NEWPORT BEACH prior to granting approval with
the Contractor. Costs related to such change orders and administration will be
reimbursed by NEWPORT BEACH no later than thirty (30) days of IRVINE filing of
the Notice of Completion with submittal of invoices by IRVINE to NEWPORT
BEACH.
9. IRVINE will coordinate with NEWPORT BEACH for all work involving traffic signals.
10. Inspectors, and /or engineers from IRVINE and NEWPORT BEACH will coordinate
for spot construction inspections, verifications of work for invoices, and site walk
final inspection at completion of the PROJECT.
11.As referenced in the Special Provisions Proposal and Contract for the PROJECT,
the "Owner" shall refer to IRVINE and the contract responsibilities held by IRVINE.
12. IRVINE shall require that the Contractor provide the necessary insurance coverage
for construction work, as specified in Section 7 -3 of the Special Provisions
Proposal and Contract for the PROJECT. IRVINE and NEWPORT BEACH shall be
named as additionally insured parties in the Special Provisions Proposal for the
Contract for the PROJECT, and shall be insured for the amount specified
Section 7 -3 of the Special Provisions Proposal and Contract.
13.Any hazardous material or contamination found within the existing NEWPORT
BEACH right of way during construction requiring remedy or remedial action shall
be the responsibility of NEWPORT BEACH. Any hazardous material or
contamination found within IRVINE right of way during construction requiring the
same defined remedy or remedial action shall be the responsibility of IRVINE.
NEWPORT BEACH shall sign the manifest and pay all' costs for remedy or
remedial action within the existing NEWPORT BEACH right of way.
14.The party responsible for funding any hazardous material cleanup shall be
responsible for the development of the necessary remedy and /or remedial action
plans and designs in accordance with standards and practices mandated by
Federal and State regulatory agencies.
0
15.Existing maintenance agreements for signals, median landscaping and roadway
shall remain in full effect and are not modified by this agreement.
16.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:
Manuel Gomez
Public Works Director
P.O. Box 19575
Irvine, CA 92623 -9575
{949} 724 -7509
To Newport Beach:
David Webb
Public Works Director
P.O. Box 1768
Newport Beach, CA 92658 -8915
(949) 644 -3311
17. Each of the parties agrees to do all things in a timely manner reasonably necessary
or convenient to 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 parry.
18.Any controversy or claim arising out of this Agreement or alleged breach thereof
shall first be resolved through voluntarily mediation or as otherwise designated in
writing by the City Manager of IRVINE or the City Manager of NEWPORT BEACH.
Said City Managers shall be the selected representative of each city to act in each
respective city's behalf with respect to the Agreement.
19. NEWPORT BEACH shall waive any right to pursue any claims against IRVINE
after PROJECT is complete and shall defend and indemnify IRVINE, its City
Council, officers, and employees if IRVINE is named in such action. IRVINE shall
waive any right to pursue any claims against NEWPORT BEACH after PROJECT
is complete and shall defend and indemnify NEWPORT BEACH, its City Council,
officers, and employees if NEWPORT BEACH is named in such action.
20. IRVINE shall indemnify, defend, save and hold harmless NEWPORT BEACH, its
City Council, officers, and employees from and against any and all loss, damages,
liability, claims, including but not limited to bodily injury, death, personal injury,
property damages, or any other claims caused by the willful actions or active
negligence of IRVINE, its employees, or agents in the performance of its
obligations pursuant to this Agreement, and shall include attorneys' fees and other
reasonable costs incurred in defending any such claim.
21.NEWPORT BEACH shall indemnify, defend, save and hold harmless IRVINE, its
City Council, officers, and employees from and against any and all loss, damages,
liability, claims, including but not limited to bodily injury, death, personal injury,
property damages, or any other claims caused by the willful actions or active
negligence of NEWPORT BEACH, its employees, or agents in the performance of
its obligations pursuant to this Agreement, and shall include attorneys' fees and
other reasonable costs incurred in defending any such claim.
22.This Agreement represents the entire understanding of the parties as to those
matters contained herein, and no prior oral or written understanding shall be of any
force or effect with respect to those matters covered in this Agreement. This
Agreement shall be governed by and construed in accordance with the laws of the
State of California, and construed in accordance with the laws of the State of
California, and constructed as if drafted jointly by IRVINE and NEWPORT BEACH.
23.The persons executing this Agreement on behalf of the parties hereto warrant that
they are duly authorized to execute this Agreement on behalf of said parties and
that by so executing this Agreement the parties hereto are formally bound to the
provisions of this Agreement.
24. In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of seven (7) calendar days, or if more than seven (7) calendar days are
reasonably required to cure the default and the defaulting party falls to give
adequate assurance of due performance within seven (7) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, IRVINE and NEWPORT BEACH shall have
the right, at its sole and absolute discretion and without cause, of terminating this
Agreement at any time by giving no less than seven (7) calendar days prior written
notice to the other city. In the event of termination under this Section, NEWPORT
BEACH shall pay IRVINE for services satisfactorily performed including costs for
work deemed necessary by IRVINE to secure the PROJECT after termination and
costs incurred up to the effective date of termination for which Contractor has not
been previously paid. Within 14 calendar days from the effective date of
termination, IRVINE shall deliver to NEWPORT BEACH all reports, Documents and
other information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
25. This Agreement may be modified or amended only by a written document executed
by both IRVINE and NEWPORT BEACH and approved as to form by the City
Attorney.
26. The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be adjudicated
in a court of competent jurisdiction in the County of Orange, State of California.
27. In the event of any dispute or legal action arising under this Agreement, the
prevailing party shall not be entitled to attorney's fees.
This agreement shall be made and effective upon execution by both parties and shall
remain in effect until project reimbursement is complete or both parties agree or
terminate it.
IN WITNESS WHEREOF, IRVINE and NEWPORT BEACH have caused this
Agreement to be executed by its duly a thorized officers and representatives,
respectfully, on this nth day of p �/21�YL�C✓ 2012.
CITY OF IRV r' C 1 F NE T B CH
By: Suk ee.Kang, ay r By: Nancy Car er, Mayor
a
ILI-
By: ity Clerk
City I i
By: City Attorney
City of Irvine
U 11
By: City Clerk
City of Newport Beach
By: City Attorney
City of Newport Beach
EXHIBIT A
COST ESTIMATE
Item
Newport Beach
Materials Report
$13,000
En ineering Design
$50,000
Design Admin. (2% of Engineering Design +
Change orders
$1,000
Construction Admin. (2% of Bid Amount + Change
Orders)
$11;590
_
Estimated Construction Capital Cost
*"$579,500
Estimated Total
$655,090
Call $655,000
* The estimated construction capital cost for the Newport Beach portion is $579,500.
Actual construction administration cost will be 2 percent of the awarded bid amounts
plus any change orders related to the Project in Newport Beach.
* *Actual Construction Capital Cost will be the awarded bid amounts + Change Orders.
E
s *• I
Agenda Item No. 7
September 25, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FRONT- Public Works Department
David A. Webb, Public Works Director
349 -644 -3391, dawebbCa newoortbeachca.aov
PREPARED BY: Andy Tran, Senior Civil Engineer
APPROVED:_7}�,
TITLE: Jamboree Road Improvements - MacArthur Boulevard to Campus
Drive — Approval of a Cooperative Agreement with the City of Irvine
ABSTRACT:
The City of Irvine is administering a pavement rehabilitation project located In both
Irvine and Newport Beach. A cooperative agreement is needed to identify roles,
responsibilities and cost sharing for each city.
Approve a Cooperative Agreement with the City of Irvine for the Jamboree Road
Improvements (MacArthur Boulevard to Campus Drive) project.
FUNDING REQUIREMENTS,
Upon approval of the Cooperative Agreement, we will commit to reimburse the City of
Irvine for all costs associated with the final design and construction capital. The
preliminary total cost estimate for our portion is $655,1100. We will advance half of our
share of the total cost within 30 days after the Notice to Proceed Is issued. The
remaining half will be paid within 30 days after the Notice of Completion is issued in
fiscal year 2013 -2014, There is currently $500,000 appropriated in this year's Capital
Improvement Program for this project. The final necessary funds based on the actual
construction costs will be included in next year's Capital Improvement Program.
DISCUSSION:
The City of Irvine is currently administering a pavement rehabilitation project located on
Jamboree Road from MacArthur Boulevard to Campus Drive. This project Is located
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. Jamboree Road Improvements - MacArthur Boulevard to Campus Drive — Approval of.a
Cooperative Agreement with the City of Irvine
September 25, 2012
Page 2
within both Irvine and Newport Beach as the city boundary fine is along the centerline of
Jamboree Road. Staff from both cities discussed the idea of administering one joint
project in order to minimize design and construction costs and reduce construction
impacts to the public.
Staff recommends approving the attached Cooperative Agreement with the City of Irvine
to identify roles, responsibilities and cost sharing for each city. In accordance with this
Cooperative Agreement, the City of Irvine will be the lead agency.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (°CEQN) pursuant to Sections 15060(0)(2) (the activity will
not result in a direct or reasonably foreseeable Indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
Davi— d Webb
Public Works Director
Attachments: A. Project Location Map
B. Cooperative Agreement
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Attachment A
LOCATION MAP CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
JAMBOREE ROAD IMPROVEMENTS
{ViAGARTHUR BLVD TO CAMPUS DR. as iz 1z N.T.S. r M
DRAWR duu C -5458 I R -XXOMS
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Attachment B
For
Rehabilitation of Jamboree Road from MacArthur Boulevard to Campus Drive
RECITALS
A. Whereas, the purpose of this Agreement is to define roles and responsibilities for the
rehabilitation of Jamboree Road from MacArthur Boulevard to Campus Drive
(collectively hereinafter referred to as "PROJECT ") within the Cities of Irvine
(hereinafter referred to as 'IRVINE") and Newport Beach (hereinafter referred to as
"NEWPORT BEACH').
B. Whereas, each City is responsible for their share of costs as described below.
CONTRACT TERMS ANQ CONDITIONS
1. IRVINE will manage the design and construction of the PROJECT to the best of its
ability within the established budget and time frame, and shall implement the
PROJECT under guidelines established by the Orange County Transportation
Authority and Caltrans.
2. The terms of this Agreement cover the administrative, design and construction
responsibilities and costs of the parties with regard to the PROJECT. IRVINE will
cause the construction to be completed in accordance with the contract
documents.
3. Upon completion of design and NEWPORT BEACH's approval of the design plans
for the segment within its City, NEWPORT BEACH shall reimburse IRVINE for Its
share of costs of the material report, design services and administration based on
invoices to be provided by IRVINE for NEWPORT BEACH's share as shown in the
cost estimate attached hereto as Exhibit A and incorporated herein by reference.
4. NEWPORT BEACH agrees to waive the obligation to secure an encroachment
permit for PROJECT.
5. IRVINE shall provide NEWPORT BEACH a complete breakdown of the engineer's
estimate of probable construction costs for the segment of the PROJECT within
NEWPORT BEACH prior to advertising the PROJECT.
6. Subject to prior approval by NEWPORT BEACH of the award for the construction
contract, NEWPORT BEACH will advance IRVINE half of NEWPORT BEACH's
share of costs within thirty (30) days after the PROJECT construction start date as
defined on the Notice to Proceed. NEWPORT BEACH shall pay IRVINE the
remaining half of NEWPORT BEACH's share of costs within thirty (30) days of
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IRVINE filing of the Notice of Completion with submittal of Invoices by IRVINE to
NEWPORT BEACH.
7. Additional consulting services affecting NEWPORT BEACH shall be reviewed and
shall be subject to written approval by NEWPORT BEACH prior to commencement
of additional services by consultant. Costs related to the additional consulting
services and administration will be reimbursed by NEWPORT BEACH no later than
thirty (30) days of IRVINE filing of the Notice of Completion with submittal of
invoices by IRVINE to NEWPORT BEACH.
8. Change orders affecting NEWPORT BEACH shall be reviewed and shall be
subject to written approval by NEWPORT BEACH prior to granting approval with
the Contractor. Costs related to such change orders and administration will be
reimbursed by NEWPORT BEACH no later than thirty (30) days of IRVINE filing of
the Notice of Completion with submittal. of invoices by•IRVINE to NEWPORT
BEACH.
9. IRVINE Will coordinate with NEWPORT BEACH for all work involving traffic signals.
10. Inspectors, and /or engineers from IRVINE and NEWPORT BEACH will coordinate
for spot construction inspections, verifications of work for invoices, and site walk
final Inspection at completion of the PROJECT.
11.As referenced in the Special. Provisions Proposal and Contract for the PROJECT,
the "Owner" shall refer to IRVINE and the contract responsibilities held by IRVINE.
12. IRVINE shall require that,the Contractor provide the necessary Insurance coverage
for construction work, as specified in 'Section 7 -3 of the Special Provisions
Proposal and Contract for the PROJECT, IRVINE and NEWPORT BEACH shall be
'named as additionally Insured parties in the Special Provisions Proposal for the
Contract for the PROJECT, and shall be Insured for the amount specified
Section 7 -3 of the Special Provisions Proposal and Contract.
13.Any hazardous material or contamination found within the existing NEWPORT
BEACH right of way during construction requiring remedy or remedial action shall
be the responsibility of NEWPORT BEACH. Any hazardous material or
contamination found within IRVINE right of way during construction requiring the
same defined remedy or remedial action shall be the responsibility of IRVINE.
NEWPORT BEACH. shall sign the manifest and pay ail' costs for remedy or
remedial action within the existing NEWPORT BEACH right of way.
MMe party responsible for funding any hazardous material cleanup shall be
responsible for the development of the necessary remedy andlor remedial action
plans and designs in accordance with standards and practices ,mandated by
Federal and State regulatory agencies.
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15.Exisfing maintenance agreements for signals, median landscaping and roadway
shall remain in full effect and are not modified by this agreement.
1 6.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:
Manuel Gomez
Public Works Director
P.O. Box 19575
Irvine, CA 92623 -9575
(949) 724.7509
To Negort Beach:
David Webb
Public Works Director
P.O. Box 1768
Newport Beach, CA 926588915
(949) 6444 -3311
17. 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.
18.4ny controversy or claim arising out of this Agreement or alleged breach thereof
shall first be resolved through voluntarily mediation or as otherwise designated in
writing by the City Manager of IRVINE or the City Manager of NEWPORT BEACH.
Said City Managers shall be the selected representative of each city to act in each
respective city s behalf with respect to the Agreement.
19.NEWPORT BEACH shall waive any right to pursue any claims against IRVINE
after PROJECT is complete and shall defend and indemnify IRVINE, its City
Council, officers, and employees if IRVINE is named in such action. IRVINE shall
waive any right to pursue any claims against NEWPORT BEACH after PROJECT
is complete and shall defend and indemnify NEWPORT BEACH, its City Council,
officers, and employees if NEWPORT BEACH is named In such action.
20- IRVINE shall indemnify, defend, save and hold harmless NEWPORT BEACH,'it$
City Council, officers, and employees from and against any and all loss, damages,
liability, claims, including but not limited to bodily injury, death, personal lnjury,
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.
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21.NEWPORT BEACH shall indemnify, defend, save and hold harmless IRVINE, its
City Council, officers, and employees from and against any and alt loss, damages,
liability, claims, Including but not limited to bodily injury, death, personal injury,
property damages, or any other claims caused by the willful actions or active
negligence of NEWPORT BEACH, its employees, or agents in the performance of
its obligations pursuant to this Agreement, and shall include attorneys' fees and
other reasonable costs Incurred In defending any such claim.
22.This Agreement represents the entire understanding of the parties as to those
matters contained herein, -and no prior oral or written understanding shall be of any
force or effect with respect to those matters covered in this Agreement. This
Agreement shall be governed by and construed In accordance with the laws of the
State of California, and construed in accordance with •the laws of the State of
California, and constructed as if drafted jointly by IRVINE and NEWPORT BEACH.
23.The persons executing this Agreement on behalf of the parties hereto warrant that
they are duly authorized to execute -this ;Agreement on behalf of said parties and
that by so executing this Agreement the parties hereto are formally bound to the
provisions of this Agreement.
24. In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and In the manner required, that party shall be deemed in
default in the performance of this Agreement, if such default Is not cured within a
period of seven (7) calendar days, or if more than seven (7) calendar days are
reasonably required to cure the default and the defaulting party falls to give
adequate assurance of due performance within seven (7) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non- defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, IRVINE and NEWPORT BEACH shall have
the right, at its sole and absolute discretion and without cause, of -terminating this
Agreement at any time by giving no less than seven (7) calendar days prior written
notice to the other city. in the event of termination under this Section, NEWPORT
BEACH shall pay IRVINE for services satisfactorily performed including costs for
work deemed necessary by IRVINE to secure the PROJECT after termination and
costs Incurred up to the effective date of termination for which Contractor has not
been previously paid. Within 14 calendar days from the effective date of
termination, IRVINE shall deliver to NEWPORT-BEACH all reports, Documents and
other information developed or accumulated in the performance of this Agreement;
whether in draft or final form.
25. This Agreement may be modified or amended only by a written document executed
by both IRVINE and NEWPORT BEACH and.approyed as to form by the- City
Attorney.
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26. The taws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be adjudicated
in a court of competent jurisdiction in the County of Orange, -State of California.
27. in the event of any dispute or legal action arising under this Agreement, the
prevailing party shall not be entitled to attorney's fees.
This agreement shall be made and effective upon execution by both parties and shall
remain in effect until project reimbursement Is complete or both parties agree or
terminate if.
IN WITNESS WHEREOF, IRVINE
Agreement to be executed by Its
respectfully, on this _ day of
CITY OF IRVINE
.and
duty
NEWPORT BEACH have caused this
authorized officers and representatives,
2012.
CITY OF NEWPORT BEACH
By: Sukhee Kang, Mayor I By: Nancy Gardner, Mayor
By: City Clerk
City of Irvine
By: City Attorney
City of Irvine
By: City Clerk
City of Newport Beach
By: Clty Attorney
City of Newport Beach
r LYfi7
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COST ESTIMATE
Item
Newport Beach
Materials Report
$13000
Engineering Desi n
$50,000
Design Admin. (2% of Engineering Design +
Chan e orders
$1,000
Construction Admin. (2% of Bid Amount + Change
Orders
*$11,590
Estimated Construction Capital Cost
**$579,600
Estimated Total
$655 090
Call $655,000
* The estimated construction capital cost for the Newport Beach portion Is4579,500.
Actual construction administration cost will be 2 percent of the awarded bid amounts
plus any change orders related to the Project In Newport Beach.
* *Actual Construction Capital Cost will be the awarded bid amounts +-Change Orders.
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