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HomeMy WebLinkAboutC-1570(B) - Engineering agreement for street improvements, University Drive, Irvine, Jamboree7/21/76 0 Checked w/ Don Webb and this contract now of no interest. From Minutes of 6/28/76: p. 151 Motion: Councilman Williams made a motion to change the use of the funds designated for an Environmental Impact Study on University Drive to a traffic study of east —west traffic flow generally between the northern border . . . available for public inspection. 2 -14 -75 C -1570C Public Works reports: Signing agreement is in limbo - Board of Supervisors holding off - but should have answer in another two months. 0 5 -9 Don Webb sez - Agreement still tabled by Board of Supervisors - check with him in August as to the status. fi`M June 27, 1975 PUBLIC WORKS IEPAMMT Attention: Don Webb CITY CLERK COOPERATIVE FINANCING A.GREEMUM WITH THE COUNTY FOR EMPLOYMENT OF CONSULTANT TO PREPARE AN EIS IN CONNECTION WITH THE DU NSION OF UNIVERSITY DRIVE C -1570C Enclosed are the original and two copies for transmittal to the Board of Supervisors for signing. Please return a fully executed copy to this department. The City Council authorized this agreement on June 24 by the adoption of Resolution No. 8298. Laura Lagios City Cleric LL:swk enc. 0 AGREEMENT `PHIS AGREEMENT, made and entered into this day of _ 1974, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter designated as "CITY ", and COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter designated as "COUNTY ". W I T N E S S E T H WHEREAS, CITY proposes to study the feasibility of extending University Drive from Irvine Avenue to a point 750 feet more or less easterly of Jamboree Road which would connect to the proposed construction of University Drive in conjunction with the University Drive interchange at the Corona del Mar Freeway; and WHEREAS, University Drive extension is shown on the COUNTY Master Plan of Arterial Highways and on the CITY Master Plan of Streets and Highways; and WHEREAS, said roadway construction would lie in both the unincorporated COUNTY and incorporated CITY; and WHEREAS, said construction of this public road, hereinafter referred to as "PROJECT" will require the preparation of an Environmental Impact Report, hereinafter referred to as EIR; and WHEREAS, CITY has offered to be designated as "Lead Agency" under the Guidelines for Implementation of the California Environmental Quality Act of 1970 (CEQA); and WHEREAS, CITY and COUNTY consider it to be in the public interest to combine the preparation of EIR for the COUNTY portion of PROJECT with the EIR for the CITY portion of PROJECT; and WHEREAS, COUNTY has offered to be designated as "Responsible -1- 0 0 Agency" under the Guidelines for Implementation of the California Enviro ^:mental Quality Act of 1970 (CEQA); and WHEREAS, COUNTY has offered to participate financially in the cost of preparing EIR; and WHEREAS, COUNTY and CITY agree the preparation of draft EIR should be done by a consultant; and WHEREAS, CITY has offered to act as agent in order to employ a consultant, and perform all necessary administration of contract. follows: NOW, THEREFORE, IT IS AGREED by the parties hereto as I. CITY SHALL: A. Be and is hereby declared to be the "Lead Agency" for preparation of the EIR document under the "Guidelines for Implementation of the California Environmental Quality Act of 1970" issued by the Resources Agency of California as amended and dated December 17, 1973, and as further defined by the Regulations of the National Environmental Policy Act of 1969, and CITY and COUNTY procedures for implementa- tion of the aforementioned State and Federal laws. B. Be and hereby is designated as Agent for the parties to do and perform all things necessary in order to employ a consultant to prepare draft EIR. C. Coordinate the necessary discussion meetings between CITY, COUNTY and Consultant as required to establish the necessary input and to coordinate the circu- lation of the draft EIR to all public or private agencies, groups or individuals who have an interest in this project. D_ Receive and evaluate comments to the draft EIR and prepare and certify the completion of the final EIR. -2- � 1i E. Be financially responsible for fixity percent (500/0 of the cost of EIR. II. COUNTY shall: A. Be and is hereby declared to be the "Responsible Agency" for preparation of the EIR document under the "Guidelines for Implementation of the California Environmental Quality Act of 1970" issued by the Resources Agency of California, as amended and dated December 17, 1973; and as further defined by the Regulations of the National Environmental Policy Act of 1969, and CITY and COUNTY procedures for implementation of the aforementioned State and Federal laws. B. Participate with CITY in the selection of a consultant. C. Participate with CITY and Consultant in the necessary discussion meetings for the preparation of EIR. D. During preparation of the draft EIR, promptly reply to any request for comment from CITY or Consultant relating to scope and content of said draft. E. Upon completion of the draft EIR, and with minimum delay, obtain County review and comments, and collect and forward comments to CITY for inclusion in the final EIR. F. Be financially responsible for fifty percent (500%) of the cost of EIR, subject to the limitation set forth herein. III. A. Within thirty (30) days after execution of contracts with consultant, COUNTY will upon request -3- L] deposit fifty percent (50%) of the final contract cost with CITY to cover COUNTY'S cost of EIR prepara- tion. COUNTY'S cost is estimated to be Twenty -two Thousand Dollars ($22,000.00). B_ Within sixty (60) days after the certification Of completion of the final EIR by CITY, CITY shall submit a Final Accounting Report to COUNTY, which shall include full, true and correct copies of documents, certificates, and itemized bills for all professional services rendered for preparation of the EIR. The final cost to COUNTY will be based on fifty percent (50 %) of the actual cost incurred to complete EIR, but in no event shall total COUNTY cost exceed Twenty -four Thousand Two Hundred Dollars ($24,200.00). If COUNTY'S share exceeds the amount deposited with CITY, COUNTY shall pay such excess, not to exceed Two Thousand Two Hundred Dollars ($2,200.00), to CITY within thirty (30) days. If COUNTY'S share is less than the amount deposited with CITY, CITY shall refund the difference to COUNTY within thirty (30) days after said final accounting. IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. That neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or 0 0 omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this agreement. 2. That neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under this agreement. IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed by the Chairman of its Board of Supervisors and attested by its Clerk on the dates written opposite their signatures, all thereunto duly authorized by the City Council and the Board of Supervisors, respectively. CITY OF NEWPORT BEACH a municipal corporation Dated: JUN, 2 197". +1974 By:G(.L��U Mayor APPROVED AS TO FORM: ATTEST: 7b 6� Assistant City Attorney Ci y Clerk -5- 0 Dated: APPROVED. AS TO FORK'_: 1974 Adrian Kuyper, County Counsel Orange County, California 0 COUNTY OF ORANGE a political subdivision of the State of California By: Chairman, Board of Supervisors ATTEST: W. E. ST JOHN County Clerk and ex- officio Clerk of the Board of Supervisors E JUN 2 1 E34 RESOLUTION NO. 829 8 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY By the CITY COUNCIL OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF CITY +eM� ►91iw� A COOPERATIVE FINANCING AGREEMENT BETWEEN THE QE"ACtIITY OF NEWPORT BEACH AND COUNTY OF ORANGE FOR THE EMPLOYMENT OF A CONSULTANT TO PREPARE THE ENVIRONMENTAL IMPACT STATEMENT IN CONNECTION WITH THE EXTENSION OF UNIVERSITY DRIVE WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain cooperative financing agreement between the City of Newport Beach and County of Orange for the employment of a consultant to prepare the Environmental Impact Statement in connection with the extension of University Drive; and WHEREAS, the City Council has considered the terms and conditions of said cooperative financing agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said cooperative financing agreement above - described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 24th day of June , 1974. Mayor ATTEST: City Clerk i8yr DDO/bc 6/18/74