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 °
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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
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specify the proportionate share of the costs that are to be borne by CITY and COUNTY,
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and wish to provide for maintenance following completion of the PROJECT; aad !
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WHEREAS, CITY has offered to design, contract and inspect the m„difir_ation
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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.
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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
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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.
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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.
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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•
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23 F. During the period of construction, have jurisdiction of the 4qn-
24 structi,n areas within COUNTY territory.
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25I G. Maintain and operate said traffic signals and highway lighting
26 systems upon executiou of the construction contract.
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27 I 11. COUNTY shall:
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28 A. Review and approve, by ASSISTANT UIKECTOR, the Traffic Signal
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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-
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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
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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.
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AWA
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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)
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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
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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.
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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.
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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
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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
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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
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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.
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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
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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