The URL can be used to link to this page

Home My WebLink AboutC-1875(A) - Cooperative Financing Agreement; Installation of Traffic Signal at Campus Drive and Von Karman AvenueCITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE November 11. 1976 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1875 Description of Contract Cooperatige Financing Agent /Traffic Signal at Campus-Dr. & Von Kerman Ave. Authorized by Resolution No. 8930 adopted on November 8, 1976 Effective date of Contract 11 -10 -76 Contract with City of Irvine Address 4201 Campus D;.- Box D Z Irvine, CA 92,715.. Amount of Contract See Contract _ City Clerk 0 November 11, 1976 Bill Darnall Public Works Department 0 Traffic Signal at Campus Qr*ve 6 Von Karmen Ave. Enclosed are are three executed copies of the Cooperative Financing Agreement with the City of Irvine along vith the authorising resolutions. Please transmit two copies of the agreement and resolution to the City of Irvin&. Doris A G R E E M E N T L THIS AGREEMENT, made and entered into this ,16944 day of ��_, 1976, BY AND BETWEEN CITY OF IRVINE a municipal corporation hereinafter designated as "IRVINE," and CITY OF NEWPORT BEACH a municipal corporation hereinafter designated as "NEWPORT BEACH." WITNESSETH; WHEREAS, considerable traffic congestion presently exists and is progressively increasing at the intersection of Campus Drive at Von Karman Avenue; WHEREAS, traffic conditions of said intersection warrant the installation of traffic control signals to facilitate the safe and orderly movement of traffic; and WHEREAS, IRVINE is willing to cooperate with NEWPORT BEACH for the construction of said traffic signal and highway intersection lighting systems hereinafter referred to as the "Project." NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: I. NEWPORT BEACH shall: A. Prepare the detailed plans, specifications and cost estimates for the Project. B. Have supervisory control of the Project within the City limits of IRVINE. C. Be the "Lead Agency" for the Project and prepare and process necessary environmental documents. D. Be the contracting and constructing agent for the parties to do and perform all acts necessary or C 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 necessary or required in connection with the construction and completion of said Project, including certificate of day labor, equipment and material cost and certification of completion of the Project. II. IRVINE shall! A. Have the right to approve plans and specifications as to design and construction features affecting the construction, operation and maintenance of the portion of the Project within IRVINE. B. At all times during the progress of construction of the Project have access to the work for the purpose of inspection thereof and should IRVINE deem any remedial or corrective measures to be necessary, IRVINE shall notify NEWPORT BEACH thereof. NEWPORT BEACH shall immediately undertake any remedial or corrective measures required in order to comply with the plans and specifications approved by IRVINE. III. Upon completion of the Project, IRVINE'S share of the cost of the traffic signal and intersection lighting installation shall be based on the total construction cost for the Project, and be in the ratio that the number of traffic legs of the intersection lying within IRVINE bears to the total number of legs entering the intersection, as the NEWPORT BEACH - IRVINE City limits exist at the time bids are advertised for the contract for the Project. -2- As of the date of this agreement, IRVINE'S share would be one -half (112) of the total construction cost for the traffic signal and intersection light- ing at Campus Drive and Von Karman Avenue based on the fact that two legs of the intersection Presently lie within NEWPORT BEACH and two legs lie within IRVINE. IV. IRVINE'S share of design, survey and construction engineering costs shall be the actual costs incurred with respect to the IRVINE portion of the Project and shall be calculated at fifty (50%) percent of the total actual construction cost for the Project billed to IRVINE. V. Upon completion of the Project, NEWPORT BEACH agrees to submit full, true and correct copies of documents, certificates and itemized bills to IRVINE, and IRVINE shall reimburse NEWPORT BEACH within thirty (30) days after submission of statement of such costs for IRVINE'S portion of the Project as defined by paragraphs III and IV hereof. Such bills shall be based on actual construction cost for the Project and shall include a prorata charge for actual overhead on the engineering and inspection performed by NEWPORT BEACH. VI. The total cost to IRVINE is presently estimated to be $25,000 and the total cost to NEWPORT BEACH is presently estimated to be $25,000 based upon a total estimated cost of $50,000 for the Project. VII. It is mutually agreed by the parties hereto that: A. NEWPORT BEACH shall perform the maintenance of said traffic signal and highway lighting installation. -3- 0 0 The maintenance costs for the traffic signal and intersection lighting shall be borne by the parties hereto and shall be based on the actual mainte- nance and operational costs incurred, IRVINE'S share of said cost shall be a sum, bearing the same proportion to the total cost of maintenance, as the number of legs of highways under jurisdic- tion of IRVINE at the location involved bears to the total number of legs of highways at such location; NEWPORT BEACH'S share of the cost shall be a sum, bearing the same proportion to the total cost of maintenance, as the number of legs of highways under the jurisdiction of NEWPORT BEACH at the location involved bears to the total number of legs of highways at such location. B. That neither IRVINE 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 NEWPORT BEACH under or in connection with any work, authority or jurisdiction delegated to IRVINE under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, NEWPORT BEACH shall fully indemnify and hold IRVINE 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 NEWPORT BEACH under or in connection with any work, authority or jurisdic- tion delegated to IRVINE by this agreement. -4- C. That neither NEWPORT BEACH 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 IRVINE under or in connection with any work, authority or jurisdiction not delegated to NEWPORT BEACH. under this agreement, It is also understood and agreed that, pursuant to Government Code Section 895.4, IRVINE shall fully indemnify and hold NEWPORT BEACH 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 IRVINE under or in connec- tion with any work, authority or jurisdiction not delegated to IRVINE under this agreement. IN WITNESS WHEREOF, IRVINE has caused this agreement to be executed by its Mayor and attested by its Clerk, and NEWPORT BEACH has caused this agreement to be executed by its Mayor and attested by its Clerk, all thereunto duly authorized by the respective City Councils on the dates written opposite their signatures. -5- CITY OF IRVINE, a municipal corporation Dated: 19 By , Mayor ATTEST: City�o the CAty of Irvine APPROVED CITY OF CI 'MI AS TO FORM: IRVINE CITY OF NEWPORT BEACH, a municipal corporation Dated: /p 19 71, By � a or ATTEST: ty Clerk of the y of Newport eac APPROVED CITY OF CI AS TO FORM: NEWPORT BEACH • • 197G By the CITY CUUw+.A CITY_ Gr RESOLUTION NO. 8 93 0 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 CITY OF IRVINE FOR INSTALLATION OF A TRAFFIC SIGNAL AT CAMPUS DRIVE AND VON KARMAN AVENUE, CONTRACT NO. 1875 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 City of Irvine in connection with the installation of a traffic signal at Campus Drive and Von Karman Avenue; and WHEREAS, the City Council has reviewed the terms and conditions of said 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 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 8th day of November Mayor ATTEST: City Clerk 1976. DDO /bc 11/2/76