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HomeMy WebLinkAboutC-1924 - Co-op agreement Jamboree-San Diego Creek Bike Trailr� FROM: City Clerk SUBJECT: Contract No. 1924 CITY OF NEWPORT BEACH CALIFORNIA City Flan 3300 W. Newport Blvd, Area Code 714 DATE November S. 1977 Description of Contract Eike Tr"janboru Rd - Santiago Crook Authorized by Resolution No. 9065 adopted on April 25. 1977 Effective date of Contract October 12, 1977 Contract with orange County Sahara, Moehas i Parke Dist. Zmviron eatal Managsslemt Ageaey Address Ain ttl_ Ernedweo Amount of Contract _S,,_.= .. t City C1eTc 0 Original 6 3 copies to Don Webb 4/28 for County execution. i PLE; SE RETURN TO CITY CLERK CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIF. 92663 TAB 9D - Agreement D -77 -034 A G R E E M E N T THIS AGREEMENT, made and entered into this day of 1977. BY AND BETWEEN AND THE CITY OF Newport Beach hereinafter referred to as CITY, The Orange County Harbors, Beaches and Parks District hereinafter referred to as DISTRICT. W I T N E S S E T H: WHEREAS, DISTRICT's Board of Supervisors on June 3, 1975, approved an Arterial Bikeway System (ABS) program as a basis for implementing selected routes on the Master Plan of Countywide Bikeways, a component of the recreation element of the Orange County General Plan; and WHEREAS, said ABS program includes a proposed San Diego Creek trail parallel to San Diego Creek between Old Mac Arthur Blvd. and Jamboree Road and parallel to the west side of Jamboree Road between San Diego Creek and East - bluff Drive in the City of Newport Beach, as shown on the attached exhibit map; and WHEREAS, DISTRICT has included in its 1976 -1977 budget funding in the amount of $15,000, said amount including an SB 821 grant in the amount of $11,000, for the purpose of constructing said portions of the San Digeo Creek trail (hereinafter referred to as BIKEWAY PROJECT); and WHEREAS, CITY, recognizing the special benefits it will derive from the BIKEWAY PROJECT and desiring that it be implemented as soon as possible, has offered to design, supervise the construction contract and operate and maintain a portion of said BIKEWAY PROJECT; and -1- 1 SIS . Fl � • r 2 31 41 WHEREAS, DISTRICT and CITY deem it advisable to set forth the responsibilities of each party with regard to the proposed BIKEWAY PROJECT. NOW, THEREFORE, be it resolved that for and in consideration of the mutual promises and'agreements contained herein, the parties hereto do agree as follows: 1. CITY shall: a. Assume the role and responsibilities of "Lead Agency" within the context of the Environmental Quality Act of 1970, as amended, and as such shall be responsible for complying with environmental requirements and filing required notices prior to proceeding with construction of BIKEWAY PROJECT. b. Obtain any necessary permit for the BIKEWAY PROJECT from the South Coast Region - California Coastal Commission as necessary. C. Obtain an encroachment permit from the State Department of Transportation for placement of the bikeway within right -of -way of said agency. d. Design and construct BIKEWAY PROJECT to meet the standards of the State Department of Transportation as contained in its publication dated August 1, 1976, entitled, "Recommended Minimum General Design Criteria, Mandatory Minimum Safety Design Criteria, and Uniform Specifications and Symbols for Signs, Markers and Traffic Control Devices to be used in the De- velopment, Planning and Construction of Bikeways in California ", and shall submit plans and specifications to DISTRICT's Board of Supervisors for approval prior to solicitation of bids or commencing construction. e. Be responsible for bidding, award and supervision of the construction contract for the BIKEWAY PROJECT, pursuant to applicable govern- ment code requirements for public works projects, which construction shall be completed no later than January 1, 1978. f. Bill DISTRICT, upon completion of the construction of the -2- 1 2 3 4 . • BIKEWAY PROJECT, for the cost of construction contract payments or $15,000, whichever is less, exclusive of administrative and overhead costs. g. Operate and maintain the portion of the BIKEWAY PROJECT parallel to Jamboree Road between San Diego Creek and East Bluff Drive for a minimum period of 10 years, in a manner that will insure the maximum utilization of the project by the public for recreation and transportation purposes. Should CITY take any action to use BIKEWAY PROJECT for any purpose other than a recreation bikeway trail without prior written consent of DISTRICT, CITY shall repay DISTRICT all sums contributed by DISTRICT. Any sum repaid by CITY shall be prorated on a straight line annual basis for said ten (10) year life. 2. DISTRICT shall: a. Obtain the necessary County permits for BIKEWAY PROJECT and maintain portion of said project parallel to San Diego Creek between Old MacArthur Blvd, and Jamobree Road. b. Remit payment to CITY within 30 days of receipt of copies of bills, auditor's warrants and other documents substantiating CITY's expendi- tures of the BIKEWAY PROJECT; however, DISTRICT's total responsibility hereunder shall not exceed $15,000 3. It is mutually understood and agreed as follows: a. Neither the DISTRICT, County of Orange 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. b. Pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend, and hold DISTRICT 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. —3— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18i 19i 20 21j 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth opposite their respective signatures. Dated: �0 =/� �, 1977 ORANGE C N HARBORS, BEACH S AND PARKS DISTRI /% , ATTEST: JUNE ALEXANDER ._ Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, County Counsel ORANGE COUNTY, CALIFORNIA Chairman of Che Board oY Super lsors, acting as Governing Board for the Orange County Harbors, Beaches and Parks District DISTRICT CITY OF NEWPORT BEACH By / Mayor �r CITY ATTEST: City Clerk APPROVED AS TO FORM: zze S D. 0 NEIL City Attorney City of Newport Beach By v, i 422 v RPR:dh201a(0 —4— jd 0 0 4 n�.re-,Ir r ORANGE COUNTY 'IN ENVIRONMENTAL MANAGEMENT AGENCY PROPOSED DEVELOPMENT OF A PORTION OF SAN -DIEGO CREEK TRAIL No. ABS 9D Im I 3 �I it 4I 5I 6 7 I s 9 10 11 12 13 14 J LLB= 15 O ) ] Woo u u W 16 LL Z D Z Z 00 17 18 19 20 21 22 23 24 25 N 26 7 N O 27 WDW: 0 RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA, ACTING AS THE GOVERNING BOARD OF THE ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT October 12, 1977 On motion of Supervisor Riley, duly seconded and carried, the following Resolution was adopted: WHEREAS, this Board conducted a public hearing this date pursuant to Section 5955 of the Harbors and Navigation Code for the purpose of determining whether the development, operation and maintenance of the San Diego Creek Trail from Jamboree Road to Old MacArthur Boulevard and the operation and maintenance of the'San Diego Creek Trail from Old MacArthur Boulevard to California Street should be an authorized project of the Harbors, Beaches and Parks District; NOW, THEREFORE, BE IT RESOLVED that this Board determines that this action includes an express finding that this action cannot or will not have a significant effect on the environment pursuant to Section 21151 of the Public Resources Code. BE IT FURTHER RESOLVED that the development, operation and mainte- nance of the San Diego Creek Trail from Jamboree Road to Old MacArthur Boulevard and the operation and maintenance of the San Diego Creek Trail from Old MacArthur Boulevard to California Street is hereby approved as an authorized project of the Orange County Harbors, Beaches and Parks District. BE IT FURTHER RESOLVED that the Chairman of this Board is authorized to execute that certain Agreement with CalTrans and the City of Newport Beach for Harbors, Beaches and Parks District maintenance n Resolution No. 77 -1653 Arterial Bikeway System, San Diego Creek 1 1 and operation of San Diego Creek Trail from Old MacArthur Boulevard to 2 California Street. 3 BE IT FURTHER RESOLVED that the Chairman of this Board is authorized 4 to execute that certain Agreement with the City of Newport Beach to 5 implement Segment One of said project and the Clerk of this Board is 6 directed to attest to same. 7 8 9 10 11 ` 12 13 J} 14 AYES: SUPERVISORS THOMAS F. RILEY, PHILIP L. ANTHONY, LAURENCE J. z 15 who° SCHMIT, RALPH A. DIEDRICH, AND RALPH B. CLARK 16 NOES: SUPERVISORS NONE 4 ~ Z OT¢ Oo 17 ABSENT: SUPERVISORS NONE 18 STATE OF CALIFORNIA ) 19 ) ss. COUNTY OF ORANGE ) 20 I, JUNE ALEXANDER, Clerk of the Board of Supervisors of Orange 21 County, California, acting as the Governing Board of the Orange County Harbors, Beaches and Parks District, hereby certify that the above and 22 foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 12th day of October, 1977, and 23 passed by a unanimous vote of said Board. 24 IN WITNESS WHEREOF, I have hereunto set my hand.and seal this 12th day of October, 1977. 1. 1,, : .. 26 v JUNE ALEXANDER Cle`rK of the Board 'of-Supervisors 27 of'-Orange County, California, acti as "the Governing Boar of the Oran 28 County Harbors, Beaches and Parks DisxY•ict 2. ii /��� ///d �c �f- .o3...C.; C.: ....•'CCf BY r- r-I u RESOLUTION NO. 9 06 5 F-1 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 COUNTY OF ORANGE IN CONNECTION WITH THE CONSTRUCTION OF THE JAMBOREE ROAD - SAN DIEGO CREEK BICYCLE 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 County of Orange in connection with the construction of the Jamboree Road - San Diego Creek Bicycle Trail; 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 Cooperative 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 25th ATTEST: City Clerk day of April , 1977. Mayor DDO /bc 4/22/77