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HomeMy WebLinkAboutC-1882(B) - Co-op finance agreement for signal modification, Ford & MacArthurTO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1882C CITY OF NEWPORT BEACH CALIFORNIA City flail 3300W. Newport Blvd, j Area Code 714 DATE February 28, 1979 Description of Contract Cooperative Agreement with the City of Irvine in connection with Ford Road am ou evar inzerseZ L!Q11 modification. Authorized by Resolution No. 9506 , adopted on February 12, 1979 Effective date of Contract February 12, 1979 Contract with City of Irvine Address Irvine. CA Amount of Contract see agreement attached City Clerk lu OFFICE OF THE QTY CLERK DATE February 28, 1979 M ,? John Walters -- Public Works !%BjEGT; :.,Cooperative Agreement with City of Irvine in connection. ** with Ford Road and MacArthur Boulevard (S.H. 73) inter - x` .:,rsection modification (C -1882) Attached please find two executed copies of the subject agreement which was authorized by Resolution No. 9506 at the City Council :`meeting of February 12, 1979. Please return one copy to the City of Irvine t J, Thank you.:._ x< , SXF!`Ar qY ?C s T .. ` rte i r - A G R E E M E N T THIS AGREEMENT is made and entered into this K IA-oe- day of 1979, by and between the CITY OF IRVINE, a municipal corporation, herein referred to as "IRVINE ", and the CITY OF NEWPORT BEACH, a municipal corporation, herein referred to as "NEWPORT BEACH" W I T N E S 5 E T H WHEREAS, NEWPORT BEACH and IRVINE have separate AHFP Projects (AHFP No. 948 in Newport Beach and AHFP No. 947 in Irvine) to make inter- section modifications at Ford Road and MacArthur Boulevard; and WHEREAS, County Supervisors adopted Resolution #78 -474 on April 4, 1978, providing funds in the amounts of $24,500 (Irvine AHFP No. 947) and $140,500 (Newport Beach AHFP No. 948) as matching funds for the intersection modifications for final year 1978/79; and WHEREAS, NEWPORT BEACH and IRVINE, in an effort to coordinate construction, have determined that it will be to the mutual benefit of both IRVINE and NEWPORT BEACH to construct the portion of the improvements in IRVINE under the NEWPORT BEACH contract. Said improvements within IRVINE, as shown on the attached sketch marked EXHIBIT "A" shall hereafter be referred to as PROJECT; and WHEREAS, IRVINE and NEWPORT BEACH desire to set forth their respective rights and obligations concerning PROJECT; NOW THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS AGREED AS FOLLOWS: 1. NEWPORT BEACH SHALL: a. Provide plans and cost estimates suitable for obtaining bids for the construction of the PROJECT. b. Provide contract administration and construction engineer- ing for the PROJECT. the PROJECT. C. Furnish IRVINE reproducible "as constructed" plans of d. Prepare AHFP final report for the PROJECT. 0 2. IRVINE SHALL: No. R- 5372 -S. Final Report. 11 a. Review and if found acceptable, approve the PROJECT plans b. Review and if found acceptable, approve the FROJECT c. Be responsible for, and reimburse NEWPORT BEACH for the actual PROJECT construction costs in the manner set forth in paragraph 3b. d. Be responsible for, and reimburse NEWPORT BEACH for the actual engineering.and administrative costs as set forth in the PROJECT Final Report and in the manner set forth in paragraph 3b. 3. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT: a. NEWPORT BEACH shall furnish IRVINE a final PROJECT cost estimate based on actual bid prices prior to award of contract. b. Payment by IRVINE to NEWPORT BEACH, estimated to be a total of Forty -nine Thousand Dollars ($49,000.00), shall be made within thirty (30) days after receipt of itemized statements from NEWPORT BEACH based on the following: (1) Progress payments for PROJECT construction items made to the Contractor. (2) Engineering and administrative costs as set forth in the PROJECT Final Report. c. NEWPORT BEACH, as lead agency, has completed the environ- mental assessments as required by the California Environmental Quality Act of 1970 by approving a Negative Declaration for the PROJECT and has filed the Notice of Determination with the Clerk of the Board of Supervisors of the County. d. During construction NEWPORT BEACH shall assign a qualified inspector who shall be charged with overall contract administration and who shall assure that construction is accomplished in accordance with the plans and specifications. The work, however, shall be subject at all times to inspection by the authorized representative of both parties. e. Change orders will require written approval from IRVINE. In case of urgency, however, verbal approval by an authorized representa- tive of IRVINE shall be provided with written approval to follow. - 2 - 0 0 f. NEWPORT BEACH shall file a Notice of Completion for the PROJECT after final acceptance of the work. g. IRVINE shall indemnify and hold harmless NEWPORT BEACH and its Officers and Employees, from any damage or liability a:-ising from any errors, omissions, or negligence in IRVINE'S performance of this AGREEMENT. h. NEWPORT BEACH shall indemnify and hold harmless IRVINE and its Officers and Employees, from any damage or liability arising from any errors, omissions, or negligence in NEWPORT BEACH's performance of this AGREEMENT. IN WITNESS WHEREOF we have entered into this AGREEMENT on the day and year first above written. APPRp ED AS TO F RM: Assi ant ty A y o City of Newport B ac APPROVED tto CITY OF NEWPORT BEACH M A CITY OF IRVINE FORM: 7 /GL2 By v - -- Mayor City of Irvine By 6. C Clerk - 3 - wl ,•a;�, _ice _. .... ! • RESOLUTION NO. 9506 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 IN CONNECTION WITH THE FORD ROAD AND MACARTHUR BOULEVARD (S.H.73) INTER- SECTION MODIFICATION (C -1882) 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 in connection with the Ford Road and MacArthur Boulevard (S.H. 73) intersection modification; 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 for Engineering Services 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 12th ATTEST: City Clerk day of February , 1979. DDO /kb 2/6/79