HomeMy WebLinkAboutC-1702(A) - Traffic signal, Bristol & Birch, cooperative finance agreement4
CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
DATE June 6, 1975
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1702C
Description of Contract C.oMmmtive Financing Aunt for 2 Store Lighta
Bristol/lrvine /Campus and Bristol /Birch
Authorized by Resolution No. 5479 , adopted on 4 -28 -75
Effective date of Contract MW 20, 1975
Contract with
Address P_ 0- Box 4048
Santa Ana, CA 99709
Amount of Contract q� PAnsgnepb TV of Agreement
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C) U N-rY O F
J
H. G. OSBORNE
DIRECTOR
ENVIRONMENTAL MANAGEMENT
AGENCY
400 CIVIC CENTER DRIVE WEST
SANTA ANA, CALIFORNIA
May 23, 1975
TELEPHONE: 8344300
AREA CODE 714
Mp1LING ADDRESS:
P. O. BOX 4048'
SANTA ANA, CALIFORNIA 92702
FILE W. O, No. 70457
Mr. Ben Nolan, City Engineer
City of Newport Beach
3300 W. Newport Boulevard
Newport Beach, California 92660
SUBJECT: Agreement No. 475 -539, Traffic Signal Installation
Bristol and Birch and Bristol and Campus
C —j 7& -2-
Dear Mr. Nolan:
Transmitted herewith are two copies of the fully executed agreement
between the City of Newport Beach and the County of Orange, providing
for the improvement of the subject traffic signals.
Also attached are two copies of Board of Supervisors Minute Order
authorizing County's execution.
Very truly yours,
L. McCONVILLE
Road Commissioner and County Surveyor
M
D. L. SUNDSTROM
Cooperative Projects Engineer
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Attachments
Public Works Director
Cooperative Financing Agrt wit': (grange County for traffic
signal at Bristol /Birch a®d for modification to signal at
Bristol /Irvine /Campus, Qaritract No. 1702
Enclosed are original and six copies of subject agreement for transmittal
to the County of Orange for execution by the Board of Supervisors. Please
return a fully executed copy to my office.
This agreement was authorized by the City Council on April 28 by the
adoption of Resolution No. 8479.
Laura Lagios, CMC
City Cleric
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Enclosures
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MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
May 20, 1975
IN RE: AGREEMENT TRAFFIC SIGNAL INSTALLATION BRISTOL STREET
AT BIRCH AVENUE AND AT IRVINE AVENUE CITY OF NEWPORT BEACH
On motion of Supervisor Schmit, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Agreement
dated May 20, 1975, between the County of Orange and the City of Newport
Beach, providing for reimbursement to the City for the County's share of
cost for installation and modification of traffic signals and highway
intersection lighting at the intersections of Bristol Street and Birch
Avenue and Bristol Street and Irvine Avenue (Campus Drive), both lying
within County and City territory.
IN RE: AMENDMENT TO PERMIT USE OF SEWER LINE AT REFUSE TRANSFER
STATION NO. 2 CITY OF HUNTINGTON BEACH
On motion of Supervisor Schmit, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Amendment
to Permit dated May 20, 1975, granting permission by the City of
Huntington Beach to the County of Orange the right to connect to and use
free of charge the City's sewer line at Refuse Transfer Station No. 2
located on Gothard Street, south of Talbert Avenue, Huntington Beach,
California, PM 105 -9.
This action includes an express finding that this action cannot
or will not have a significant effect on the environment, pursuant to
Section 21151, Public Resources Code.
IN RE: RIGHT OF WAY CONTRACT PASEO DE VALENCIA
SADDLEBACK COMMUNITY HOSPITAL
On motion of Supervisor Schmit, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Right of
Way Contract dated May 20, 1975, between the County of Orange and
Saddleback Community Hospital, providing for acquisition of additional
right of way for construction of sidewalks along Paseo De Valencia,
Y46 -122R1 and 122.1111.
F 1013 -2.2
�I 475 -539
A G R E E M E N T
1 THIS AGREEMENT, made and entered into this day of
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2 1975, BY AND BETWEEN
3 CITY OF NEWPORT BEACH
a municipal corporation hereinafter
4 designated as "CITY," and
5 COUNTY OF ORANGE,
a political subdivision of the State of
6 California, hereinafter designated as
"COUNTY."
7
8 WITNESSETH:
9 WHEREAS, a considerable volume of traffic presently exists and
10 is progressively increasing at the intersection of Bristol Street and
11 Birch Avenue; and the intersection of Bristol Street and Campus Drive -
12 Irvine Avenue; and
13 WHEREAS, CITY and COUNTY have determined that a traffic signal
14 and highway lighting system at the intersection of Bristol Street and
15 Birch Avenue is warranted; and the modification of the traffic signal
16 and highway lighting system at the intersection of Bristol Street and
17 Campus Drive - Irvine Avenue is warranted; and
18 WHEREAS, CITY and COUNTY contemplate the installation of a
19 traffic signal and highway lighting systems at said intersections, which
20 are each partially within the boundaries of the City of Newport Beach
21 and within unincorporated County area, hereinafter referred to as the
22 "Project," and wish to specify the proportionate share of the costs that
23 are to be borne by CITY and COUNTY and provide for maintenance following
24 completion of the Project.
25 NOW, THEM FORE, IT IS AGREED by the parties hereto as follows:
26 1. CITY shall:
27 A. Be and is hereby designated as the "Lead Agency" for
28 this project and shall propose and process all
29 necessary environmental documents.pursuant to the
30 Guidelines for Implementation of the California.
31 Environmental Quality Act of 1970 as amended.
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475 -539'
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B. Prepare or cause to be prepared the detailed plans,
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specifications and estimate for the Project and submit
to the appropriate COUNTY Department for review and
approval.
C. Be and is hereby designated as the contracting and
construction agent for the parties to do and perform
all acts necessary or required in order to construct
the Project in accordance with the plans and
specifications, including material control, inspection
of the construction work and to execute and deliver
all documents required in connection with the
construction and completion of said Project, including
Certificate of Cost and Certificate of Completion of
Project.
D. During the period of construction, have jurisdiction
of the construction area at the intersection within
COUNTY.
E. After written approval from the appropriate COUNTY
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Department, proceed to advertise for bids for the
Project pursuant to the public bid requirements of the
City Charter and upon receipt of bids acceptable to the
CITY and COUNTY, shall award a contract.
COUNTY shall:
A. Furnish a 3 dial Type 26 controller.in a M -1 cabinet
to be installed at the intersection of Bristol and
Birch.
B. Approve plans and specifications as to design and
construction features affecting the construction
operation and maintenance of the Project within COUNTY.
C. At all time during the progress of construction of
the Project have access to the work for the purpose of
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475 =539
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inspection thereof and should COUNTY deem any remedial
measures to be necessary, COUNTY shall notify CITY
thereof.
D. Reimburse CITY for its proportionate share of the
Project cost as defined by paragraphs III, IV, and V.
E. [Maintain and operate said traffic signal and highway
lighting system upon completion as defined by
paragraph VI, Section A hereof.
The cost to COUNTY is presently estimated to be $25,600.
Said cost also includes a lump sum cost to COUNTY for
administration, design, construction engineering and
inspection charges which is agreed to be a fixed charge
of $3,320.00 and which is based on fifteen percent (15%)
of the estimated contract cost for COUNTY'S portion of
the Project.
IV. Upon completion of the Project, COUNTY'S share of the cost
for the installation of traffic signals and intersection
lighting shall be based on the actual construction cost
for the Project, and be in the ratio of the number of
traffic legs of the intersection lying within COUNTY to
the total number of legs entering the intersection, as
the COUNTY -CITY limits exist at the time CITY advertises
the contract for the Project. As of the date of this
agreement, said COUNTY share is considered to be
one -half (1/2) of the actual construction cost for the
traffic signal and intersection lighting at the inter-
section of Bristol Street and Campus Drive - Irvine Aven
based on the fact that two legs of the intersection
presently lie within the CITY and two legs of the inter-
section lie within COUNTY area and to be three - fourths
(3/4) of the actual construction cost for the traffic si
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475 -539 •
and intersection lighting at the intersection of Bristol
Street and Birch Avenue based on the fact that three (3)
legs of the intersection presently lie within COUNTY area
and one (1) leg of the intersection presently lies
within the CITY.
V. The final cost to the COUNTY shall be based on the actual
quantities of construction and the unit prices bid for
the contract for the items of work of Project as herein -
above described, excepting administration, construction
engineering and inspection costs which will be on a lump
sum basis, as described in paragraph III.: Upon
completion and acceptance of the Project by CITY, CITY
shall bill COUNTY for COUNTY'S share of the total cost
and COUNTY shall promptly reimburse CITY.
VI. it is mutually agreed by the parties hereto that:
A. The maintenance and operational costs for said traffic
signals and intersection lighting installation shall
be borne by the parties hereto in accordance with the
provisions in the Standard Traffic Signal and Highway
Lighting Maintenance Agreement No. 169 -310.
B. In the event the Bristol -Birch intersection is
modified and /or upgraded in the future, salvage rights
to the COUNTY furnished 3-dial Type 26 controller and
M -1 cabinet, as mentioned in Section II -A, shall
belong to COUNTY.
C. 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
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475 -539 •
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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 omitted to
be done by CITY under or in connection with any
work, authority or jurisdiction delegated to CITY
under this agreement.
D. 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 this 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
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Supervisors and attested by its Clerk, all thereunto duly authorized by
Minute Order of the City Council and the Board of Supervisors,
respectively, on the date written opposite their signatures.
CITY OF NEWPORT BEACH,
a municipal corporation
Dated:
ATTEST:
Cler of the Coun
Dated: _M X Z -'�V , 190
IATTEST:
APPROVED AS TO FORM:
By Attorney
COUNTY OF ORANGE,
a political subdivision of the State of
California
W.E. ST. JOHN
County Clerk and ex- officio
Clerk of the Board of Supervisors
By
De uty
By A�� � 4�1
Chairman, Board of Supervisors
THIS IS A FACSIMILE OF THE
ORIGINAL SIGNATURE FILED IN
THE OFFICE OF THE CLERK.
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, �C;ALIFORNIA
By.
RESOLUTION NO. 8479
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A COOPERATIVE FINANCING
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND THE COUNTY OF ORANGE IN CONNECTION WITH
INSTALLATION OF TRAFFIC SIGNAL (INTERSECTION
OF BRISTOL STREET AND BIRCH STREET) AND MODI-
FICATION OF TRAFFIC SIGNAL (BRISTOL STREET
AND IRVINE AVENUE - CAMPUS 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 the County of
Orange in connection with the installation of a traffic signal
(intersection of Bristol and Birch Streets) and the modification
of a traffic signal (Bristol Street and Irvine Avenue- Campus
Drive); and
WHEREAS, the City Council has considered the terms
and conditions of said 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 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 28th day of I April , 1975.
ATTEST:
City Clerk
DDO /bc
4/24/75
F4 7 /r .