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
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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
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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
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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.
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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
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4 n�.re-,Ir
r ORANGE COUNTY 'IN
ENVIRONMENTAL MANAGEMENT AGENCY
PROPOSED DEVELOPMENT OF
A PORTION OF
SAN -DIEGO CREEK TRAIL
No. ABS 9D
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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.
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AYES: SUPERVISORS THOMAS F. RILEY, PHILIP L. ANTHONY, LAURENCE J.
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who° SCHMIT, RALPH A. DIEDRICH, AND RALPH B. CLARK
16 NOES: SUPERVISORS NONE
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ABSENT: SUPERVISORS NONE
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STATE OF CALIFORNIA )
19 ) ss.
COUNTY OF ORANGE )
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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
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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