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