HomeMy WebLinkAboutC-1570(B) - Engineering agreement for street improvements, University Drive, Irvine, Jamboree7/21/76
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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.
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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.
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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
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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.
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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
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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
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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
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Dated:
APPROVED. AS TO FORK'_:
1974
Adrian Kuyper, County Counsel
Orange County, California
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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
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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