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Home My WebLink About09 - Jamboree Road Median LandscapingApril 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 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: 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 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: �&/ Stephen J. Luy, P. L. Project Manager Attachments: Agreement Project Location Map ru 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 "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 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 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. 2 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 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 10]]18 i r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ABOREE ROAD MEDIAN IMPROVEMENTS BRISTOL STREET TO CAMPUS DRIVE I, CONTRACT NO. 3459 DATE DRAWING N0. EXHIBIT A