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HomeMy WebLinkAboutC-1985 - Co-op agreement for San Diego Bike Trail, San Joaquin Hills to Ford RoadE TO: FINANCE DIRECTOR FROM: City Clerk CITY OF NEWPORT BEACH SUBJECT: Contract No. 1985 CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 RATE .iamiary 31, 1978 Description of Contract San Diego Bike Trail batvasn sastsrly City limits 4 California Road Authorized by Resolution No. 9205 , adopted on 10 -11 -77 Effective date of Contract October 12, 1977 Contract with State Dept. of Transportation Address District 7. Y.O. Box 2304 Los Anaelos, CA 90051 Amount of Contract go* Contract City Clerc } . -A 07- Ora -73 3.4 MacArthur Boulevard at the s %luth levee of the San Diego Creek Channel 07207 - 600227 5955073 District Agreement No. 3426 COOPERATIVE A l g E E 1 1 N T THIS AORMDWT, MADE AND ENTERED INTO ON THIS rn i C C DAY OF (1 I N BY AND M AND AND PAWS DISTRICT, hereinafter referred tc "DISTRICT" CITY OF NEWPORT BEACH, hereinafter referred to as "CITY" WITNE.3' SETHt WHEREAS, the San Diego Creek Bicycle Trail is planned to extend approximately 0.9 cane from Eaetb uff Drive and Jamboree Road tc California Road along the San Diego Creels Channel as shorn on Exhibit A; said San Diego Creek Bicycle Trail hereinafter referred to as "'TRAIL "; and STATE through oI cting by and its Business and Transportation z° Agency, hereinafter referred tc as STA'T'E' z c a) AND U ORANGE COUNTY HARBORS, BEACHES AND AND PAWS DISTRICT, hereinafter referred tc "DISTRICT" CITY OF NEWPORT BEACH, hereinafter referred to as "CITY" WITNE.3' SETHt WHEREAS, the San Diego Creek Bicycle Trail is planned to extend approximately 0.9 cane from Eaetb uff Drive and Jamboree Road tc California Road along the San Diego Creels Channel as shorn on Exhibit A; said San Diego Creek Bicycle Trail hereinafter referred to as "'TRAIL "; and WHEREAS, the TRAIL crosses realigned MacArthur Boulevard (State Route T3); and WHEREAS, CITY has requested that SPATE enter into a cooperative agreement to extend TRAIL across MacArthur Boulevard to.California Road by providing far construction of a bicycle path along the south levee of the San Diego CreeK, said bicycle path to hereinafter be referred to as "PROD W ; and WHEREAS, Section 156.8 of the Streets and Highways Code provides that, upon request of a public agency, STATE may enter into a cooperative agreement with said public agency to provide for the construction and maintenance of non - motorized facilities which include bicycle paths; and WHEREAS, STATE will benefit by construction of PROJECT by increasing traffic safety on MacArthur Boulevard by eliminating potential bicycle /auto conflicts thereon; and WHEREAS, DISTRICT is willing to operate and maintain the FROJ'ECT between Jamboree Road and California Road and secure, if necessary, a permit from the Orange County Flood Control. District to construct the PROJECT] and WHEREAffi, CITY is willing to prepare plans and specifications and administer construction contract for PROJECT; and WHEREAS, STATE, DISTRICT and CITY do mutually desire to cooperate and jointly participate in constructing PROJECT and desire to specify herein the terms and conditions under which said PROJECT shall be financed, constructed and maintained. 110W2 THER_MRB, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows; _2_ fik:.. . t: 0 0 sE=()N I STATE AGREES$ I. To deposit with CITY within 30 days of receipt of biding therefor (which billing will be forwarded immediately following CITY'S bid advertising date of a construction contract for the aforesaid installation), the amount of $20,0000 which figure represents STATE'S estimated share of the expense of preparation of plans and specifications, construction engineering, and construction costs required to complete the Installation(s) referred to herein. 2. The actual.. amount of STATE'S share of the construe- tion costs will be determined after completion of work and a financial settlement wade upon final accounting of costs. Said share will be determined by multiplying the actual final quanti- ties of STATE'S portion of PROJECT by the bid prices in CITY'S Construction Contract. 3. Upon approval by STATE of CITY'S plans and specifi- cations for PROJECT, and upon written request by CITY, to issue any necessary permits to CITY for construction of PROJECT within STATE'S right -of -way in accordance with STATE'S standard permit procedure authorizing CITY to work within the STATE highway right -of -way. 4. To approve or disapprove in writing, within ten (10) days after submittal in writing by CITY, proposed contract change orders deemed to be a part of the PROJECT to be funded by STATE. 5. Inform CITY in writing of STATE'S hazardous under- ground utility policy as it relates to PROJECT and CITY concurs -3- that STATE has no liability for compliance or non- complianco with acid policy DISTRICT AGREES: 1. Upon completion and acceptance of PROJECT by DISTRICT, to accept control, maintain and assume liability for PROJECT betum the east side of Jamboree Road to California at no cost to STATE. If required, secure a permit from the Orange County Flood Control District for construction of PROJECT. LIRMUEEET ?. To prepare or cause to be prepared, any environmental document required to construct PROJECT in conformance with the current SIM of California Resources Agency Guidelines for Implementation of the California Environmental Quality Act of 1970, and to submit three (3) copies of said environmental docu- ment to the State Clearinghouse for review and comment and prior to the norms: public agency review of CITY prepared environmental. documents. 2. Upon completion of review by STATE or any CITr prepared environments'. document, to submit said environmental document to the State Clearinghouse for review and comment in accordance with the State of California Resources Agency Guide- lines for the Implementation of the California Environmental. Quality Act of :.970. -4- 0 3. After consideration of comments received from the State CleallAghouse and the public, to finalize the environmental document and submit the anprond environmental document and a Notice of Determination to suit, and to the orange County Clerk RAA to the Secretary for Resources in compliance with Sections 21208 and 21152 of the California Public Resources Code. 4. If required, and prior to constructing PROJECT, to secure any necessary permits, approvals and clearances from the Californis Cossta:t Zone Commission. 5. To acquire any rights -of -way required for PROJECT at no coat to STATE. 6. If required, to make all arrangements and provide for relocation of utilities, public or private, necessitated by construction of PROJECT at no cost to SPATE. 7• To prepare or cause to be prepared at no cost to STATE all plans, specifications, and estimates required to construct PROJECT, and to submit said plans, specifications, and estimate to STATE for review and written approval prior to advertising PROJECT or proceeding with clay IAbor. S. To include the following statement in the notice to all bidders: "CITY hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises +ail? be afforded full. opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, Color, or national. origin in consideration for an award." - 5- i 9. Upon approval by STATE of plans and specifications for PROJECT, to request ay accessary permits from MTE for worts within STATE right -of -way in accordance with sult'S Standard Permit Procedure. 10. To furnish a representative to perform the usual functions of a Resident Engineer. STATE and DISTRICT may furnish a Resident Engineer if it so desires, and that said representatives and Resident Engineer will cooperate and co%sult with each other but the orders of the CITr Engineer will be final. 11. To furnish or cause to be furnished, all labor, materials, tools and equipment necessary to construct PROJECT pursuant to the provisions of applicable laws and regulations. 12. To submit any proposed contract change orders deemed to be a part of the PROJECT to be funded by STATE to STATE and DISTRICT for review and approval or disapproval. 13. To notify STATE and DISTRICT in writing not less than ten (10) days prior to advertising contract or comancing with Day Labor for PROJECT, within ten (10) days after completion of PROJECT. 14. To complete PROJECT no later than March 1, 1978. 15. To furnish STATE and DISTRICT, within ten (10) days after award of contract for PROJECT, one copy each of the plans, specifications and estimate, as approved by STATE, upon which bids were received. b. TG provide all construction engineering required Tor PROJM at no cost to S'PA'N 17. To provide STATE and DISTRICT with reproducible "As Constructed" drawings of PROJECT within ninety (90) days after completion of construction. 18. Within sixty (60) days after completion of PROJECT and /or acceptance r1r PROJECT, CITY sha U notify STATE in writing the date thereof and the probable cr estimated date the final detailed statement of cost for STATE'S share will be submitted to STATE. If, upon c m.p etion of the work an appreciable over - deoosit is apparent and final accounting is to be delayed, the excess deposit over the estimated requirements shall be returned to the STATE upon demand therefor. If outstanding charges such as Contractor's claims, .lens, etc., delay the final accounting, the CITY shall so advise the STATE, but in any event a final accounting or semi -fina' accounting if charges are still out- standing shall be presented within one - hundred eighty (180) days from the date of completion of work. 19. To hold STATE and DISTRICT and its officers, agents, and emp.oyees harmless from any and all claims for damages alleged to have resulted from a.tcrations in the previously existing drainage patterns due to the construction of PROJECT facilities referred to in this Agreement other than damages alleged to have resulted from work performed by or in behalf of STATE or DISTRICT within STATE highway right -of -way. -7- SECTION IV IT IS MUTUALLY UNDERSTOOD AND AGRM: 1. That neither VIM, DISTRICT nor any officer or employee thereof shall be respoe:aible 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 jurisdic- tion delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITr shall fully indemnify And hold STATE and DISTRICT harmless from any liability imposed for injury (as defined by government Code Section 810.8) occurring oy reason of anything done or omitted to be done by CITY under or in connection with any work, authority or Jurisdiction delegated to COMM under this Agreement. 2. That neither CITY nor any officer or emp'oyee is responsible for any damage or liability occuring by reason of anything done or omitted to be done by STATE or DISTRICT under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, STATE and DISTRICT shall fully indemnify and hold CITY 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 STATE or DISTRICT under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. 3• Since PROJECT may be financed with both Federal Funds and State Gas Tax Funds, a:ll applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. A i 4. That obligations of STATE under terms rof this Aireement are subject to the ailccatlon o funds by the Californi,.'k Hiahway commissi:a. 5. That STATE'S, ;v3x1rium participation shall not exceed $20,000 antess authorized prior to the Wigntion of suck cost in a written YuDplement to this Agreement. 0 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by-their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year after hereinabove written. Dated: Li(% Dated: Ce- /ate lq 7 % City of Newport, ph By; mayor CITY (� Dated: 12, Z/77 Approved as to Form: M ri -10- STATE OF CALIFORNIA Business and Transportation Agency Department of Transportation ADRIANA GIANTURCO Director of Transportation STATE 'County Harbors Beaches and District ) 1./1 ii acting as Governing BoyE%d of the Orange County Harbors, Beaches and Parks District DTSTRILT ATTEST: JOE AL)MANDER ~ Cle k of the Board of Supervisors of Orange County, California Approved as to form: ADRIAN HUYPER, County Counsel ORANGE COUNTY.9 CALIFORNIA By 175 To OF CHANNEL 1�/W D Y11f{ S' log 31 �BOREE � .SP 777 W d � v TYPICAL SECTION No Scale ��F STATES PORTION- OF ,9'0 PROPOSED PRQTECT- EASTBWfF Giy of NewPore Beach \ DRIVE wee �r �-k r � 141 *1 � O 4 City Of IrviWe u c� . PROPOSED PROTECT- : LOCATION MAP SAN D1160 CRFE1: 61KEWAY _.. EXHIBIT A el �I e Uzi e STATE OF CALIFORNIA— BUSINESS AND TRANSPOROON AGENCY EDMUND G. BROWN JR., Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90051 Telephone: (213) 620 -3210 January 11, 1978 07- Ora -73 R3.4 MacArthur Blvd. at the south levee of the San Diego Creek Channel 07207 - 600217 5955073 District Agreement No. 3426 . Mr. Don Webb Co- operative Project Engineer City of Newport Beach 3300 West Newport Boulevard Newport Beach, CA 92663 Dear Mr. Webb: Transmitted herewith are two fully executed copies of the Cooperative Agreement for construction of a bicycle trail. Please see that Orange County receives their copy. Upon your submittal of final billing for the State's portion of the work, payment will be made as soon as possible. Sincerely, R. F. BLOCKER, P.E. Chief, Project Development Branch B Attachs. ✓7,fjC , �! LI October 14, 1977 MEMO TO THE FILE: Don Webb took original to local office of State Dept. Transp. for execution. RESOLUTION NO. 920.5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY ' OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT WITH CALTRANS FOR CONSTRUCTION OF THE SAN DIEGO BICYCLE TRAIL BETWEEN THE EASTERLY CITY LIMITS AND CALIFORNIA ROAD 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 CALTRANS for construction of the San Diego Bicycle Trail between the easterly City limits and California Road; 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 j 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 11th day of October , 1977. Mayor ATTEST: City Clerk DDO /bc 10/4/77