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Home My WebLink About18 - Rehabilitation of Campus Drive Btw MacArthur & JamboreeJune 26, 2001 CITY COUNCIL AGENDA ITEM NO. 18 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: APPROVAL OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF IRVINE AND THE CITY OF NEWPORT BEACH FOR THE REHABILITATION OF CAMPUS DRIVE BETWEEN MACARTHUR BOULEVARD AND JAMBOREE ROAD RECOMMENDATION: Approve a Cooperative Agreement between the City of Newport Beach and the City of Irvine for the Rehabilitation of Campus Drive between MacArthur Boulevard and Jamboree Road, and authorize the Mayor and the City Clerk to execute the Agreement. DISCUSSION: The City of Irvine is the lead agency for the pavement rehabilitation project on Campus Drive between MacArthur Boulevard and Jamboree Road (the roadway centerline is the City boundary line). As part of the Arterial Highway Rehabilitation Program, the Campus Drive Rehabilitation Project provides for removal and replacement of deficient asphalt pavement and the resurfacing of the entire length of the roadway. The project is estimated to cost $687,000. The Orange County Transportation Authority will fund approximately 30 percent of the total construction costs up to $148,516, provided the Cities of Newport Beach and Irvine fund the remaining costs for the street rehabilitation construction. The City of Newport Beach's share of the estimated construction costs is $268,000. In addition, the City of Newport Beach will reimburse City of Irvine for 50 percent of the construction administration, survey, and inspection costs. The Cooperative Agreement is necessary to define each City's role and responsibility during the rehabilitation of Campus Drive. The City of Irvine will administer the construction contract and be responsible for all inspection and testing. Staff requests that the Cooperative Agreement be approved in order to begin the construction phase of the project. Res ally submitted, PU LIC WORKSc /DEPARTMENT Don Webb, Director By: Stephen luy, P.E. Associate Civil Engineer Attachment: Cooperative Agreement with City of Irvine COOPERATIVE AGREEMENT For Arterial Rehabilitation on Campus Drive from MacArthur Boulevard to Jamboree Road This Agreement is made and entered into this day of , 2001, by and between the CITY OF IRVINE ( "Irvine ") and the CITY OF NEWPORT BEACH ( "Newport Beach "): RECITALS A. WHEREAS, the rehabilitation of Campus Drive between MacArthur Boulevard and Jamboree Road, excluding the intersection at Campus Drive and Von Karman Avenue, is an Arterial Highway Rehabilitation Project (AHRP) approved by the Orange County Transportation Authority (OCTA) that involves Irvine and Newport Beach because the city boundary line exists along the centerline of the Project; and B. WHEREAS, the OCTA award will fund 30 percent of construction costs up to $148,516. CONTRACT TERMS AND CONDITIONS 1. Irvine 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, Caltrans, and the Federal Highway Administration, 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 Irvine will cause the construction to be completed. 3. Newport Beach has reviewed and signed the final design drawings and reviewed the engineer's construction cost estimate (Attachment "A "). Newport Beach 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 Irvine upon completion of the construction phase. 4. Subject to prior approval by Newport Beach of the award for the construction contract, Newport Beach will reimburse Irvine for Newport Beach's share of "eligible" construction costs (estimated at $257,000). Newport Beach will reimburse Irvine for half of the costs for construction administration, survey, testing and inspection. The total cost for construction administration, survey, testing, and inspection is estimated at $100,000 of which Newport Beach would be responsible for $50,000. Newport Beach will reimburse Irvine for 100 percent of "non- eligible" construction costs (estimated at $11,000), defined as non - federally participating items of work within Newport Beach right -of -way. 5. Additional consulting services affecting Newport Beach shall be reviewed and approved by Newport Beach. 6. Change orders affecting Newport Beach shall be reviewed and approved by Newport Beach prior to granting approval with the Contractor. 7. Irvine will coordinate with Newport Beach for all work involving traffic signals. 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 Irvine and the contract responsibilities held by Irvine. 10. Irvine 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: James H. Eldridge Public Works Department P.O. Box 19575 Irvine, California 92623 -9575 (949) 724 -7556 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 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, 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 , 2001. yfl�'L9721:01019 By: Larry Agran, Mayor By: City Clerk APPROVED AS TO FORM: By: City Attorney CITY OF NEWPORT BEACH By: Garold B. Adams, Mayor By: City Clerk APPROVED AS TO FORM: By: City Attorney F: \Users \PBW\Shared\AHRP \Campus Drive \Irvine -NB agreement 061801