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HomeMy WebLinkAboutC-2040(A) - Modify traffic signal & lighting on Irvine Avenue, Cooperative Finance AgreementOF NEWPORT BEACH TO: Public Works Deparg"nt FROM: City Clerk SUBJECT: Contract No. 2040 Project at o ruin A rsi Drive and Insa Drive Attached is signed copy of subject contract for transmittal to the contractor. Contractor: Address: P.O. Box 4048 ,Sanj;a Ana, Ca a97m Amount: $ see corttract Effective Date: .August 8, 1978 Resolution No. 9401 A!� Doris Geo e Att. cc: Finance Department Q City Ilall 3300 Newport Boulevard, Newport Beach, California 92603 IOUNTY OF RANGE ENVI ONMENTAL MANAGEMENT AGENCY ORANGE COUNTY FLOOD CONTROL DISTRICT ORANGE COUNTY ROADS ROAD & FLOOD CONTROL PROGRAMS WILLIAM L. ZAUN, MANAGER 400 CIVIC CENTER DR. WEST P.O. BOX 4048 SANTA ANA, CA. 92701 (714( 834 -3467 AUG 2 8 198 Mr. Ben Nolan, City Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 ATTN: Mr. Bill Darnell, Traffic Engineer SUBJECT: Agreement No. D78 -005 Dear Mr. Nolan: H.G. OSBORNE DIRECTOR C.R. NELSON ASSISTANT DIRECTOR DEVELOPMENT FILE 808486 Transmitted herewith is one (1) copy of the fully executed agreement between the City of Newport Beach and the County of Orange, providing for modification of traffic signals. Also attached is one (1) copy of Board of Supervisors Minute Order authorizing County's execution of the agreement. HEM:rm341a(2) Attachments: 1. Agreement 2. Minute Order Very truly yours, K. E. Smith, Chief Cooperative Projects R91 RECEIVED fig\ PUBLIC WORKS AUG 301978w CITY OF NEWPORT BEACH, Ip 5� � CALIF. "y 0 MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA August 8, 1978 IN RE: CLAIM FOR REFUND OF DELINQUENT PENALTY LEE On motion of Supervisor Schmit, duly seconded and unanimously carried, the request of Alton Lee, Jr. for refund of delinquent penalty in the amount of $98.86 paid on property described as Assessor's Parcel No. 118 - 241 -33, TRA 55 -019, is granted and so ordered and the County Auditor - Controller is instructed to issue his warrant in the sum of $98. to Alton Lee, Jr., 18103 Skypark South, Irvine, CA 92714. Refund is granted pursuant to Section 2617.5 of the Revenue. and Taxation Code. IN RE: BALDWIN OPEN SPACE DEDICATION CONTINUED On motion of Supervisor Riley, duly seconded and unanimously carried, consideration of the Baldwin Open Space dedication is continued to August 15, 1978. IN RE: AGREEMENT MODIFICATION OF TRAFFIC SIGNAL IRVINE AVENUE AT UNIVERSITY DRIVE AND AT MESA DRIVE CITY OF NEWPORT BEACH On motion of Supervisor Schmit, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreement, dated August 8, 1978, between the County of Orange and the City of Newport Beach, for modification of traffic signals on Irvine Avenue at University Drive and at Mesa Drive, as recommended by the Director of EMA. RECEIVED AUG 11 1978 E. M. A. F1013 -2.3 (12/76) Ij P14AGNof 01TO.� .._ ,IfY OR W450FIT SEAN Agreement No. 07800:. NtWPOFT BOUIEVAM 1 j .. T,va.�i �AllP, g388� A G R E E M E N T I (� 2 THIS AGREEMENT, made and entered into this �` k day of 111 197 ° 4 5 6 7 8 9 10 11 12 13 14 15 16 7 18 19 20 21 22 23 24 25 X61 I 21 !: 281 BY AND BETWEEN AND CITY OF NEWPORT BEACH, a municipal corporation, hereinafter designated as "CITY ", COUNTY OF ORANGE, a political subdivision, hereinafter designated as "COUNTY". W I T N E S S E T H WHEREAS, a considerable volume of traffic presently exists and ;.< progren3ively increasing at the intersections of Irvine Avenue with Univwi -Lty uriv.: and with mesa Drive; and WHEREAS, CITY and COUNTY have determined that the existing tra';.c si.;n:+l. and hi8oway lighting systems at the intersections of Irvine Avenue with University Drive aid with Mesa Drive require modification for the safe and orderly movement of tr0 fK ; and WHEREAS, ClTY and COUNTY contemplate the joint modification of ;:;e existin; traffic signals and highway lighting systems at said intersectio.i" which are partially within the boundaries of the City of Newport Beach and within uninco: :porated County area, hereinafter referred to as the "PROJECT ", wish to i specify the proportionate share of the costs that are to be borne by CITY and COUNTY, i I and wish to provide for maintenance following completion of the PROJECT; aad ! I WHEREAS, CITY has offered to design, contract and inspect the m„difir_ation I of the existing traffic signals and highway lighting systems at said intersections; and WHEREAS, modification of existing traffic signals are categornn0l.y cxennt Fran c-gpli-ance with the California Environmental Quality Act of 1970 ('u;,,); and 61KREAS, CiTY, as Lead agency, acknowledges that no advlitiona! . avkonme.ncal docum,.ts are required for cumpliance with CEQA. -1- 1 NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 2 I. CITY shall: 3 A. Be and is hereby designated as Project Engineer, Contracting and 4 Construction Agent for the parties to do and perform all things necessary in order 5 to design and construct said COUNTY portion of PROJECT, and to execute and deliver 6 all documents required in connection with the construction and completion of said 7I PROJECT including Certificate of Cost and Certificate of Completion for PROJECT. 8 B. Prepare a brief Traffic Signal Concept Report for review and j 9 approval by EMA- Development. Said report shall generally consist of conceptual 10 interse(tion design, controller type and function, phasing and special turning j i 11 considerations. 12 C. Submit for review and approval by COUNTY, PROJECT plans and 13 specifications including a construction cost estimate which indicates the estimated 14 shares of costs to COUNTY and CITY. I 15 D. After approval of plans and specifications by COUNTY, as specified 3.6 herein, advertise PROJECT for bids and award a contract to the lowest responsible ! 17 bidder complying with all State and local laws, subject to the provisions of Sections 18 11 and LI herein below. I 19 E. Not issue change orders of PROJECT work affecting COUNTY without 201 first having obtained the written concurrence of COUNTY's Assistant Director, 21 Development, Environmental Management Agency, hereinafter referred to as "ASSISTANT j 22 UIKECTIir• i 23 F. During the period of construction, have jurisdiction of the 4qn- 24 structi,n areas within COUNTY territory. I 25I G. Maintain and operate said traffic signals and highway lighting 26 systems upon executiou of the construction contract. i 27 I 11. COUNTY shall: i I 28 A. Review and approve, by ASSISTANT UIKECTOR, the Traffic Signal 0 Concept Report prepared by CITY per Section T.B. above, and the PROJECT plans, specifications and estimate prepared by CITY per Section I.C. above. Said review and ap,,:.-oval shall be as to design and construction features affecting the construction, operati•)n and maintenance of COUNTY's portion of PROJECT. B. At all times during the progress of construction of PkoJll'•c'f have ac:_ess to the work for the purpose of inspection thercuf and should l !l:NTi deem a..- remedial measures to be necessary COUNTY shall notify CITY there;:. C. Reimburse CITY for COUNTY's proportionate share of the 1 ^.tUJE(,T cost as defined by Sections III and IV. D. Withhold approvals which are required he.roio only for good cause. Ill. COUNTY Funding Responsibilities A. The total estimated cost for COUNTY's portion of the P.0 <)!st,Y is approximately $35,000 including administration, design, construction, engineering and inspection costs, and:in no event shall the final cost to COUNTY exceed $35,000 unless approved by mutual consent of the parties hereto. B. COUNTY's share of the contract costs for modification of traffic signals and intersection lighting systems shall be based on the actual construction cost for the PROJECT, and be in the ratio of the number of craffi.c legs of the intersections lying within COUNTY, to the total number of ieg,s eitering tint in:er- i sections, as the COUNTY -CITY limits exist at the time Cll'Y advertises the contract for the PROJECT. Said share is estimated to be C. As of the date of this agreement, said GOUNCY share is considered to be five- eights (5/8) of the actual construction cost for tiro_ traffic signal and intersection lighting system at the intersection of Irvine Av;nue and Mesa Drive based on the fact that two and a half (2 -1 /L) 7.ep,s ot the iutersecti.ou h,os�uCly lie within the COUNTY and one and a hair (1. -1/2) l.eJ;s of rlW within CITY area; and five eighths (5 /6) of the actual construction cost for the traffic signal and intersection lighting systeins at the intersection of Irvine j -3- 1 2 3 4 5 6 7 Avenue :rnd University Drive based on the fact that two and a half (2 -1/2) legs of the intersection presently lie within the COUNTY and one and a half (1 -1/2) legs of the intersection lie within CITY area. D. COUNTY's share of design, survey and construction engineering costs si,all be the actual costs accrued to the COUNTY portion based on the percenta,;o of the :otal contract unit costs billed to COUNTY. Said share is estimated to b IV. Payments. and Final Accounting A. CITY may, at its option, invoice COUNTY for a deposit of COUNTY's actual ,:?care of the contract cost based upon actual bid prices. However, said regn,'::t for deposit shall not be made before the award by CITY of the construction contract. B. Upon completion of the PROJECT, CITY shall submit a final report for PROJECT and a certification signed by the Director of Finance and Director of Public .Corks that all expenditures related to PROJECT have been made and rl.at a'.1 document, certificates and itemized bills are on file witij CI:fY and that .opic:, will be.. Made available to COUNTY upon request. C. If the final report, as approved by the parties hereto, indic;-,tes that the final cost to COUNTY is greater than COUNTY's deposit, COUNTY shall promptly reimburse CITY for the difference between COUNTY's final cost and the deposit, If the approved final report indicates that the final cost to COUNTY is less than cow n",; (deposit, CITY shall promptly reimburse COU14TY for the difference between thie deposit j land COU,NLY's final cost. V. It is mutually agreed by the parties hereto that: A. CITY shall maintain said traffic signal installation. l witn tho terms of the traffic signal and highway lighting maintenance agree::icnt No. 169--110. —4— B. The maintenance and operational costs for said traffic signal and i.nterse:.ion lighting insCallation shall be borne by the parties hereto in accordance witn tho terms of the traffic signal and highway lighting maintenance agree::icnt No. 169--110. —4— C. That neither COUNTY nor any officer or employee thereof shall be respons:_'ole for any damage or liability occurring by reascc-, . o` anything doge or omitted to be done by CITY under or in connection with any uork, authori_} ur jurisdication delegated to CITY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold COUNTY 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. D. That neither CITY 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 COUNTY 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, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.3), occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under this agreement. i -S- i 4 1 2 31 t!I 50 6 7 8i 9� 10 11 1 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 AWA 0 IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed by the Chairman of its Board of Supervisors and attested by its Clerk, all thereunto duly authorized by Minute Order of the City Council and the Board of Supervisors, respectively, on the date written opposite their signatures. CITY OF NEWPORT BEACH, a municipal corporation Dated: 7 eF By Ma, 6r ATTEST: By: it L, _ Clerk of the C06ncil Dated: ATTEST: JUNE ALEXANDER Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, County Counsel ORAN\GCEE// COUNTY, CjALIFORNIA Deputy) Z Q Date HEM:sjl37b(4) —6— APPROVED AS TO FORM D3te: G -aUr- 7f CITY ATTORNEY By.... V4 '......._ he 0 0 Workers' Compensation Certificate "I am aware of and will comply with Section 3700 of the Labor requiring every employer to be insured against liability for Compensation or to undertake self- insurance before commencing of the work." Date Code, Workers' any 0 CITY OF NEWPORT BEACH Contract No. C -2040 Special Endorsement No. In consideration of the premium charged, this endorsement is attached to and made a part of all policies insuring the liability of any person, firm or corporation performing services under contract for the City of Newport Beach. Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policies shall: I. Include the City of Newport Beach, its officers and employees as additional insureds in the policies described below for injuries, death or damage to property arising out of or in connection with the contract executed by the named insured and the City. It is further agreed that this policy shall be primary and non - contributing with any other insurance available to the City of Newport Beach, and includes a severability of interest clause. 2. Include contractual liability coverage applicable to the contract referred to above, including the obligation to defend the City. 3. Delete all exclusions relating to property damage arising out of explosion, collapse, or underground damage (commonly referred to as "xcu" hazards). 4. Indemnify and save harmless the City of Newport Beach against any and all claims, excluding sole negligence of the City, resulting from the undertaking of the contract. This hold harmless assumption on the part of the underwriters shall include all costs of investigation and defense, until reasonable determination is made that the City is solely negligent. 5. Provides limits of liability and coverages as follows: COVERAGES TO WHICH THIS EFFECTIVE ENDORSEMENT DATE OF POLICY POLICY LIMITS OF INSURANCE ATTACHES ENDORSEMENT NUMBER PERIOD LIABILITY COMPANY COMPRE.GENERAL LIABILITY 1/8/80 TRSLG166T151 -9 -79 7/1/79 to 7/1/82 TRAVELERS INSURANCE CO. $500,000.00 CSL This endorsement is effective JANUARY 8TH. , 19_, when signed by an Authorized Representative of the companies affording coverages and when issued to City shall be valid and form a part of policies herein described. Should any of the above described policies be cancelled before the expiration date thereof, the issuing company shall mail 30 days' prior written notice by registered mail to: City of Newport Beach c/o City Clerk 3300 Newport Boulevard Newport Beach, California 92663. NAME OF AGENT OR BROKER - ROLLINS BURDICK HUNTER OF SOUTHERN CALIFORNIA Address 6330 SAN VICENTE BOULEVARD LOS ANGELES, CALIFORNIA 90048 By Authorized Representative) Susan Blohm, Account Manager IMPORTANT: This is the only evidence of insurance acceptable to the City. The person executing this Endorsement is cautioned to make certain that he has authority to do same on behalf of the Insurance Company or Companies. C.I.E. - 3/79 (The Attaching Clause need be coo only when this endorsement is issued subsequent to prepa46of the policy.) G116 LIABILITY ISO G116 ADDITIONAL INSURED (Owners or Contractors) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE This endorsement, effective January 11, 1980 (12:01 A. M., standard time) issued to Steiny & Company, Inc. by Midland Insurance Company Name of Person or Organization (Additional Insured) City of Newport Beach C/O City Clerk 3300 Newport Boulevard Newport Beach, California 92663 Premium Bases Bodily Injury Liability Cost Property Damage Liability Cost , forms a part of policy No. UL 391715 L 9452 (Ed. 1 -73) �'- - --d — rued ...................................................... Re.. ._...__.. .................... (% Authorized Representative Schedule Location of Covered Operations all locations within the city of Newport Beach Rates Advance Premium $100 of cost $ Incl uded $100 of cost $ Incl uded Total Advance Premium $Included It is agreed that: 1. The "Persons Insured" provision is amended to include as an insured the person or organization named above (hereinafter called "additional insured "), but only with respect to liability arising out of (1) operations performed for the additional insured by the named insured at the location designated above or (2) acts or omissions of the additional insured in connection with his general supervision of such operations. 2. None of the exclusions of the policy, except exclusions (a), (c), (f), (g), (i), (j) and (m), apply to this insurance. 3. Additional Exclusions This insurance does not apply: (a) to bodily injury or property damage occurring after (1) all work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed or (2) that portion of the named insured's work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; (b) to bodily injury or property damage arising out of any act or omission of the additional insured or any of his employees, other than general supervision of work performed for the additional insured by the named insured; (c) to property damage to (1) property owned or occupied by or rented to the additional insured, (2) properly used by the additional insured, (3) property in the care, custody or control of the additional insured or as to which the additional insured is for any purpose exercising physical control, or (4) work performed for the additional insured by the named insured. 4. Additional Definition When used in reference to this insurance, "work" includes materials, parts and equipment furnished in connection therewith. AuTHe'n' Endorsement #12 HW /pk 1/15/80 CITY OF NEWPORT BEACH Contract No. C -2040 Special Endorsement No 11 In consideration of the premium charged, this endorsement is attached to and made a part of all policies insuring the liability of any person, firm or corporation performing services under contract for the City of Newport Beach. Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policies shall: 1. Include the City of Newport Beach, its officers and employees as additional insureds in the policies described below for injuries, death or damage to property arising out of or in connection with the contract executed by the named insured and the City. It is further agreed that this policy shall be primary and non - contributing with any other insurance available to the City of Newport Beach, and includes a severability of interest clause. 2. Include contractual liability coverage applicable to the contract referred to above, including the obligation to defend the City. 3. Delete all exclusions relating to property damage arising out of explosion, collapse, or underground damage (commonly referred to as "xcu" hazards). 4. Indemnify and save harmless the City of Newport Beach against any and all claims, excluding sole negligence of the City, resulting from the undertaking of the contract. This hold harmless assumption on the part of the underwriters shall include all costs of investigation and defense, until reasonable determination is made that the City is solely negligent. 5. Provides limits of liability and coverages as follows: COVERAGES TO WHICH THIS EFFECTIVE ENDORSEMENT DATE OF POLICY POLICY LIMITS OF INSURANCE ATTACHES ENDORSEMENT NUMBER PERIOD LIABILITY COMPANY UMBRELLA LIAB. 1/11/80 UL391715 7/1/79 to 7/1/80 $5,000,000. MIDLAND INS.CO. This endorsement is effective January 11 , 1980 , when signed by an Authorized Representative of the companies affording coverages and when issued to City shall be valid and form a part of policies herein described. Should any of the above described policies be cancelled before the expiration date thereof, the issuing company shall mail 30 days' prior written notice by registered mail to: City of Newport Beach c/o City Clerk 3300 Newport Boulevard Newport Beach, California 92663. NAME OF AGENT OR BROKER - CAPACITY MANAGERS INTERNATIONAL INS. AGENCY, INC. Address 3345 WILSHIRE BLVD., SUITE 707 LOS ANGELES, CALIFORNIA 90010 B, hp�r �d r2vertte�i�,i,� IMPORTANT: This is the only evidence of insurance acceptable to the City. The person executing this Endorsement is cautioned to make certain that he has authority to do same on behalf of the Insurance Company or Companies. C.I.E. - 3/79 HW /pk 1/15/80 CITY CLERK TRAFFIC DIVISION, PUBLIC WORKS DEPA; July 14 78 Res Cooperative Financing Agreement 46h Orange County Traffic Signals on Irvine Avenue at the intersection of Mesa Drive and University Drive - Del Mar Avenue C -2010 Attached are the original and throe copies of subject agreement and three copies of Resolution No. 9401 authorising same, adopted by the City Council on July 11. Please have an executed copy returned to this office for the official records. DORIS GEORGE City Clerk aMk one. OUNTI( OF RANGE H.G.OSBORNE DIRECTOR ENVIJiONMENTAL MANAGEMENT AGENCY C. R. NELSON ASSISTANT DIRECTOR ORANGE COUNTY FLOOD CONTROL DISTRICT DEVELOPMENT ORANGE COUNTY ROADS ROAD & FLOOD CONTROL PROGRAMS WILLIAM L. ZAUN, MANAGER 400 CIVIC CENTER DR. WEST FILE R08486 P.O. BOX 4048 SANTA ANA, CA. 92701 1714) 834.3467 AUG 2 8 1918 . Mr. Ben Nolan, City Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 ATTN: Mr. Bill Darnell, Traffic Engineer SUBJECT: Agreement No. D78 -005 Dear Mr. Nolan: Transmitted herewith is one (1) copy of the fully executed agreement between the City of Newport Beach and the County of Orange, providing for modification of traffic signals. Also attached is one (1) copy of Board of Supervisors Minute Order authorizing County's execution of the agreement. HEM:rm341a(2) Attachments: I. Agreement 2. Minute Order Very truly yours, V K. E. Smith, Chief Cooperative Projects RECEIVED PUBLIC WORKS AUG 301978� CITY OF NEWPORT BEACH, >, CALIF. MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA August 8, 1978 IN RE; CLAIM FOR REFUND OF DELINQUENT PENALTY LEE On motion of Supervisor Schmit, duly seconded and unanimously carried, the request of Alton Lee, Jr, for refund of delinquent penalty in the amount of $98.,86 paid on property described as Assessor's Parcel No. 118 - 241 -33, TRA 55 -019, is granted and so ordered and the County Auditor- Controller is instructed to issue his warrant in the sum of $98. to Alton Lee, Jr., 18103 Skypark South, Irvine, CA 92714. Refund is granted pursuant to Section 2617.5 of the Revenue. and Taxation Code, IN RE: BALDWIN OPEN SPACE DEDICATION CONTINUED On .motion of Supervisor Riley, duly seconded and unanimously carried, consideration of the Baldwin Open Space dedication is continued to August 15, 1978. IN RE: AGREEMENT MODIFICATION OF TRAFFIC SIGNAL IRVINE AVENUE AT UNIVERSITY DRIVE AND AT MESA DRIVE CITY OF NEWPORT BEACH On motion of Supervisor Schmit, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreement, dated August 8, 1978, between the County of Orange and the City of Newport Beach, for modification of traffic signals on Irvine Avenue at University Drive `and at Mesa Drive, as recommended by the Director of EMA. RECEIVED AUG 11 1978 E. M. A. F1013 -2.3 (12176) 1' 3 4 5 6 7' 81 9 10' 11 12 13 14 15 16 17 18 19I 20 21 22'' 23 24 25 26 27 28 pi p,Rxa ftrfflrtl To f 61;-fiiZ 0.,I 0FN VJPORTBtAt'H. Agreement No. 97B -UU —?'Q t wIWPORT SOULEVM t�Qiw�r.�a: `i. Or%1 ��• 021S3 A G R E E M E N T THIS AGREEMENT, made and entered into this day of L1�� 1978, BY -AND BETWEEN AND CITY OF NEWPORT BEACH, a municipal corporation, hereinafter designated as "CITY ", COUNTY OF ORANGE, a political subdivision, hereinafter designated as "COUNTY ". W 1 T N E S S E T H WHEREAS, a considerable volume of traffic presently exists and is progressively increasing at the intersections of Irvine Avenue with University Drivc ;I and witli Mesa Drive; and WHEREAS, CITY and COUNTY have determined that the e isting tragic signal, and hig!iway lighting systems at the intersections of Irvine Avenue with University Drive and with Mesa Drive require modification for the safe and orderly movement of tr.f fi. ; and WHEREAS, C1TY and.000NTY contemplate the joint modification of t!le c0 stirs traffic signals and highway lighting systems at said intersection:, which are partially within the boundaries of.the City of Newport Beach and within unincorporated County area, hereinafter referred to as the " PROJECT", wish to i li I specify the proportionate share of the costs that are to be borne by CITY and COUNTY, and wish to provide for maintenance following completion of the PROJECT; and W11LEREAS, CITY has offered to design, contract and inspect the modification I of the r.risting traffic signals and highway lighting systems at said intersections; and KH REAS, modification of existing traffic signals are categoricolly exempt fran r, npliance with the California Environmental Quality Act of 1970 (U: Q); and WA KEAS, CiT'Y, as Lead Agency, acknowledges that no .addit.innaf ..nvLronmentaL docums is are r.equir "d for compliance with CEQA. -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1s 17 18 19 20 21 22 23 24 25 2& 27 28 NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: I. CITY shall: A. Be and is hereby designated as Project Engineer, Contracting and Construction Agent for the parties to;do and perform all things necessary in order to design and construct said COUNTY portion of PROJECT, and to execute and - deliver all documents required in connection with the construction and completion of said PROJECT including Certificate of Cost and - Certificate of Completion for PROJECT. B. Prepare a brief Traffic Signal Concept Report for review and approval by EMA- Development. Said report shall generally consist of conceptual intersection design, controller type and function, phasing and special turning { considerations. C. Submit for review and approval by COUNTY, PROJECT plans and specifications including a construction cost estimate which indicates the estimated shares of costs to COUNTY and CITY. D. After approval of plans and specifications by COUNTY, as specified herein, advertise PROJECT for bids and award a contract to the lowest responsible bidder complying with all State and local laws, subject to the provisions of Sections II and ;II herein below. E. Not issue change orders of PROJECT work affecting COUNTY without first having obtained the written concurrence of COUNTY's Assistant Director, Development, Environmental Management Agency, hereinafter referred to as "ASSISTANT DIRECTO! '. F. (hiring the period of construction, have jurisdiction of the con - structi -,n areas within COUNTY territory. l G. Maintain and operate said traffic signals and highway lighting systems upon execution of the construction contract. 11. COUNTY shall: A. Review and approve, by ASSISTANT DIRECTOR, the ' Praffic Signal -2- 1 2. 4 5 6 7 s� 9 10 11 12 13 14 15 16 y r/ 118 19 201 21 22i 231 24 25 26. 27 28 Concept Report prepared by CITY per Section I.B. above, and the PROJECT plans, specifications and estimate prepared by CITY per Section I.C. above. Said review and app,-oval shall be as to design and construction features affecting the construction, operation and maintenance of COUNTY's portion of PROJECT. B. At all times during the progress of construction of PKOJaC'r have access to the work for the purpose of inspection thereof and should u)UNTY- deem an-7 remedial measures to be necessary COUNTY shall notify CITY thereon. C. Reimburse CITY for COUNTY's proportionate share of the Y'.(UJE(:T cost as defined by Sections III and IV. D.. Withhold approvals which are required herein only for good cause. III. COUNTY Funding Responsibilities A. The total estimated cost for COUNTY's portion of the is approximately $35,000 including administration, design, construction, engineering and inspection costs, and in no event shall the final cost to COUNTY exceed $35,000 unless approved by mutual consent of the parties hereto. B. COUNTY's share of the contract costs for modification of traffic signals and intersection lighting systems shall be based on the actual construction cost for the PROJECT, and be in the ratio of the number of traffic legs of the intersections Iving within COUNTY, to the total number of legs e:'itering tie inLer- sections, as the COUNTY -CITY limits exist. at the time CI'it advert!:ises the contract for the PROJECT. Said share is estimated to be $31,$00. C. As of the date of this agreement, said COUNTY share is considered to be five- eights (5 /8) of the actual construction cost for the traffic signal and intersection lighting system at the intersection of Irvin. Av> -nue and ML`;;t Drive basud on the fact that two and a half. (2 -1 /'L) legs of the .intersection presently lie within the CUUNTY and one and a half (1 -1 /'L) legs of Lhe intersection !it-s within CITY area; and five eighths (5/6) of the actual consLruction cost for the traffic signal and intersection lightiuf; systems at the intersection of Irvine -3- 111 Avenue :.nd University Drive based on the fact that two and a half (2 -1/2) legs of 211 the intersection presently lie within the COUNTY and one and a half (1 -1/2) legs 3 of the intersection lie within CITY area. 4 D. COUNTY's share of design, survey and construction engineering 5 costs shall be the actual costs accrued to the COUNTY portion based on the_percentage 6 of the total contract unit costs billed to COUNTY. Said share is estimated to be 7 1 s3,2UU. 811 IV. Payments and Final Accounting 9 A. CITY may, at its option, invoice COU14TY fora deposit of COUNTY'S 10 actual share of the contract cost based upon actual bid prices. However, said request 11 for deposit shall not be made before the award by CITY of the construction contract. 1211 B. Upon completion of the PROJECT, CITY shall submit a final report 13ilfor PROJECT and a certification signed by the Director of Finance and Director of 14 Public k;orks that all expenditures related to PROJECT have been made and tl:at ail 15 documents, certificates and itemized bills are on file with CM and that copies; 1. 16IIwil1 be ,lade available to COUNTY upon request. 1711 C. If the final report, as approved by the parties hereto, indicates 18I1that the final cost to COUNTY is greater than COUNTY's deposit, COUNTY shall promptly 19 reimburse CITY for the difference between COUNTY's final cost and the deposit. If 2011 the approved final report indicates that the final cost to COUNTY is less than COUNTY's 2111 deposit, CITY shall promptly reimburse COUNTY for the difference between the deposit 221 and COUNiY's final cost. 231 V. It is mutually agreed by the parties hereto that: 24 A. CITY shall maintain said traffic signal installation. 25 i B. The maintenance and operational costs for said traffic signal and 26 intersection lighting installation shall be borne by the parties hereto in accordance 27 with tho terms of the traffic signal and highway lighting maintenance agree;aent 28 No. 1.69 - -ilO. -4- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I C. That neither COUNTY nor any officer or employee thereof shall be respons ble for any damage or liability occurring by reason o` anything dc.:e or omitted to be done by CITY under or in connection with any work, authoriLy Or jurisdication delegated to CITY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold COUNTY 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. U. That neither CITY 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 COUNTY under or in connection with aay 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, COUNTY 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 COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under this agreement. -5- �I 5 6 7 8 9 10 11 12 13! 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNT SS WHEREOF, CITY has caused this agreement to be executed by its Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed by the Chairman of its Board of Supervisors and attested by its Clerk, all thereunto duly authorized by Minute Order of the City Council and the Board of Supervisors, respectively, on the date written opposite their signatures. CITY OF NEWPORT BEACH, a municipal corporation Dated: La(i /3 / By 2ta r ATTEST: By: ,,4, L�, Clerk of the ncil Dated: U.tA Uia C, ,S Ig74 ATTEST: 7 / � TUNE ALEXANDER Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, County Counsel ORANGE COUNTY, CALIFORNIA Deputy / . I Z _ 7 HEM:sjl37b(4) COUNTY O/F ORANGE, a political subdivision of the S to 4f California A Date -6- rman of the Board o APPROVED AS TO FORM 7of CITY P.TTCRNEY 61' ...... .... .... ........._ 0 0 RESOLUTION NO. ��40 / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COOPERATIVE FINANCING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE IN CONNECTION WITH MODIFICATION OF THE TRAFFIC SIGNALS ON IRVINE AVENUE AT THE INTERSECTIONS OF MESA DRIVE AND UNIVERSITY DRIVE - DEL MAR AVENUE WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain cooperative financing agreement between the City of Newport Beach and the County of Orange in connection with the installation of the traffic signals on Irvine Avenue at the intersections of Mesa Drive and University Drive - Del Mar Avenue; WHEREAS, the City Council has considered the terms and conditions of said agreement, and found them to be fair and equitable and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said 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 11th day of July 1978. Mayor ATTEST: City Clerk DDO /cr 6/30/78