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Home My WebLink AboutC-1752(E) - Cooperative agreement, MacArthur Bike Trail• • CITY OF NEWPORT BEACH CALIFORNIA DATE July 8, 1977 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. C_1752 -C2 i Description of Contract MacArthur Bike Trail Authorized by Resolution No. 9116 , adopted on June 13, 1977 Effective date of Contract June 28, 1977 Contract with City of Irvine Address Amount of Contract See Contract City 11,111 3300 W. Newport Blvd. Area Code 714 City Clerc q i July 6, 1977 City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, Ca. 92663 Dear Ms. George: CL.0112 At its regular meeting of June 28, 1977, the Irvine City Council approved the Joint Powers Agreement for ABS Trail 9 and MacArthur Trail and directed the Mayor to sign on behalf of the City and the City Clerk to attest thereto. Enclosed for your files are two fully- executed copies of this agreement. If you have any questions regarding this Council action, please do not hesitate to call. Very truly yours, A. KINGSBURY Ci y Clerk /kk Enc. cc: Director of Public Works Records Coordinator RECEIVED CITY CLERK JUL 3 1977' . 9 CiY( OF td !vrG;T BEACH, !p City of Irvine, 17200 Jamboree Road, P.O. Box 19575, Irvine. California 92713 4- 3600. --`ii rN, � 0 0 P(.r ^.ca F.r -UIN 'r0 N l ";; ^_< :•c " - F. "'' ^� JOINT POWERS AGREEMENT 6 'i '? This Agreement is made and entered into this day of kmAl� 1977, by and between the CITY OF IRVINE, a Municipal Corporation, hereinafter referred to as "Irvine ", and the CITY OF NEWPORT BEACH, a Municipal Corporation, hereinafter referred to as "Newport "; W I T N E S S E T H: WHEREAS, the San Diego Creek Bicycle Trail is planned to be constructed and to extend approximately 0.9 miles from Eastbluff Drive and Jamboree Road to California Avenue along the San Diego Creek Channel in the Cities of Newport Beach and Irvine; said San Diego Bicycle Trail to be referred to as "ABS TRAIL 9 "; and i WHEREAS, Newport will improve ABS TRAIL 9 between Jamboree Road and the common boundary of Newport and Irvine; and WHEREAS, Newport will improve the remainder of ABS TRAIL 9 from the common boundary of Newport and Irvine to California Avenue at the expense of the State of California; and WHEREAS, Irvine intends to construct a bicycle trail from MacArthur Boulevard and Bonita Canyon Road in Irvine northerly to ABS TRAIL 9, said trail to be referred to hereinafter as "MacARTHUR TRAIL "; and WHEREAS, it is to the mutual benefit of the parties hereto that the aforementioned trails be constructed as one project under the supervision and direction of one of the parties. NOW, THEREFORE, be it hereby agreed as follows: 1. Irvine agrees to provide and make available to Newport plans, specifications and estimates currently in its control for the construction and implementation of ABS TRAIL 9 and MacARTHUR TRAIL. 2. Irvine agrees to provide construction surveying as required for MacARTHUR TRAIL as Irvine deems necessary at the request of Newport. 3. Irvine agrees to provide construction inspection as required for MacARTHUR TRAIL as Irvine deems necessary or at the request of Newport. 4. Newport agrees to include MacARTHUR TRAIL as additional work in the construction of the project to be under- taken by Newport and known as ABS TRAIL 9. 5. Newport agrees to prepare the contract documents and advertise for bids, open same, and award a contract for the construction of ABS TRAIL 9 and MacARTHUR TRAIL to the lowest responsible bidder subject to IRVINE'S right to reject bids and withdraw MacARTHUR TRAIL from the entire project. The bids shall be on a unit price basis, in sufficient detail to identify the fiscal responsibility of the parties hereto. 6. Newport agrees to provide Irvine with an itemized statement of the costs of construction based on the unit bid prices. 7. Upon receipt of an itemized statement of the costs of construction based on the unit bid prices, Irvine agrees to pay to Newport said amount upon demand. 8. Newport shall hold Irvine, its officers, agents and employees harmless and free from liability from all damages, costs or expenses which any of them shall incur by reason of liability imposed by law because of injury to property or injury to or death of persons by reason of the acts of Newport, its officers, agents, or employees while acting as such pursuant to the provisions of this Agreement. Newport shall be responsible for any and all damages to Irvine property caused as a proximate result of the acts of its officers, agents and employees acting within the scope of their authority. 9. Irvine shall hold Newport, its officers, agents and employees harmless and free from liability from all damages, costs or expenses which any of them shall incur by reason of liability imposed by law because of injury to property or injury to or death of persons by reason of the acts of Irvine, its -9- f 1 L officers, agents, or employees while acting as such pursuant to the provisions of this Agreement. Irvine shall be responsible for any and all damages to Newport property caused as a proximate result of the acts of its officers, agents and employees acting within the scope of their authority. 10. This Agreement shall remain in effect for a term not to exceed the date upon which MacARTHUR TRAIL is completed by Newport. In the event of the termination of this Agreement for any cause prior to such completion, the plans, specifications and estimates for ABS TRAIL 9 and MacARTHUR TRAIL shall remain the property of Irvine and shall revert to Irvine upon demand therefor. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereto. This Agreement is signed and executed and shall be effective this 7-11 day of \'Ju,UC 1977. CITY OF NEWPORT BEACH, A Municipal Corporatioxi 0 ATTEST: L ity Clerk ATTEST: i C erk APPROVED AS TO FORM: City Attorney of Newport Beach APPROVED AS F RM: awt City At rney of Irvine CITY OF IRVINE, A Municipal Corporation By Mayor for r I /' °e i JAM P�0 Rte 2 D. BIKE TRAIL C r�X CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BICYCLE TRAILS To 6 E CONSTROCTE 0 WIT4 JIkMBOV.EC MAD W►DEN1. L SCALE 114 LElT eoo i 0 600 SAN DIEGO CQEF -4-Orl TRAI��la� UNIXER4ITY OR. (� a MAcARTHUIZ MICE TRAIL DRAWN LPL DATE J 0 0 6/20/77 Don Webb picked up original & copies this date for transmittal to City of Irvine. r� RESOLUTION NO. 9 11 n A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF IRVINE FOR CONSTRUCTION OF THE MACARTHUR BIKE TRAIL WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Cooperative Agreement between the City of Newport Beach and the City of Irvine for construction of the MacArthur Bike Trail; and WHEREAS, the City Council has reviewed the terms and conditions of said Cooperative Agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Cooperative Agreement above described is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 13th day of June , 1977. Mayor ATTEST: City Clerk DDO /bc 6/7/77