HomeMy WebLinkAboutC-2342 - Construction of Irvine Avenue Bicycle TrailCITY q NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640-2251
DATE: August 26, 1982 4�1 tv am U-)
TO: FINANCE DIRECTOR
PUBLIC WORKS
FROM: City Clerk
SUBJECT: Contract No. C-2342
Description of Contract Co-op agreement for
construction of the Irvine Ave. Bike Trail
Effective date of Contract August 17, 1982
Authorized by Resolution No. MinaAct. , adopted on 7/12/82
Contract with County of Orange
Address
Amount of Contract —See Agreement
Wanda E. Andersen
City Clerk
WEA: ir
City Hall. • 3300 Newport
Newport
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AND
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A G R E E M E N T
THIS AGREEMENT, made and entered into this
1982.
BY AND BETWEEN
0 C
Agreement No. D82 -040
Z/� day of
The CITY OF NEWPORT BEACH a municipal corporation,
hereinafter designated as "CITY,"
The COUNTY OF ORANGE, a political subdivision
of the State of California, hereinafter desig-
nated as "COUNTY."
W I T N F. S S E T H
WHEREAS, CITY proposes to construct a bike trail on Irvine Avenue between
Mesa Drive and Bristol Street, hereinafter referred to as PROJECT; and
WHEREAS, a portion of Irvine Avenue is within unincorporated COUNTY
territory; and
WHEREAS, CITY has requested that COUNTY provide financial participation
for COUNTY's portion of PROJECT and COUNTY concurs with CITY's request; and
WHEREAS, CITY and COUNTY wish to specify the terms for reimbursement to
CITY for COUNTY's portion of PROJECT.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
I. CITY SHALL:
A. Be and is hereby designated as Lead Agency for PROJECT and shall
prepare and process all necessary environmental documents required by the California
Environmental Quality Act of 1970 (CEQA) as amended.
B. 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 portions of PROJECT in accordance with the plans
and specifications, as approved by COUNTY and to execute and deliver all documents
RECEIVED
required in connection with the construction and completion of said PROJECT including
AUG 2 01982
Certificate of Cost and Certificate of Completion of PROJECT.
FMA
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Agreement No. D82 -040
C. During the period of construction, have jurisdiction over the
construction area including that portion described above within COUNTY territory.
D. Not issue change orders of PROJECT work affecting COUNTY without
first having obtained the written concurrence of the Director, Environmental Manage-
ment Agency, or his designee, hereinafter referred to as DIRECTOR EMA.
E. Not accept improvements under contract until DIRECTOR ERA approves,
in writing, the construction as it affects the operations and maintenance of PROJECT
within COUNTY limits.
II. COUNTY SHALL:
A. Be and hereby is designated as "Responsible Agency" for compliance
with CEQA.
B. Review for approval by DIRECTOR EMA, the plans and specifications
as to design and construction features affecting the construction, operation and
maintenance of the portion of PROJECT within COUNTY road right —of —way.
C. Be responsible only for the actual cost to construct the asphalt
concrete roadway shoulder and sidewalk per the recommendation of the EMA Materials
Laboratory, for COUNTY's portion of Irvine Avenue between Mesa Drive and Bristol
Street and for a proportionate share of the cost of engineering and inspection based
on the ratio of COUNTY's construction cost to the total contract construction cost.
COUNTY's portion of PROJECT shall be that portion of roadway improvements lying within
the boundaries of unincorporated COUNTY territory as these boundaries exist at the
time of advertising PROJECT for bids.
D. At all times during the progress of construction of said COUNTY
portion of PROJECT, have access to the work thereon for the purpose of inspection
thereof; and should COUNTY deem any remedial measures to be necessary, DIRECTOR EMA
shall notify CITY thereof.
E. Reimburse CITY for COUNTY's share of PROJECT. Said share shall be
determined as defined by Section II. C. and shall be limited to the cost of the work
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Agreement No. D82 -040
done on that portion of PROJECT described in Section II. C. The estimated cost for
COUNTY's portion of PROJECT is approximately $16,000 including engineering and
inspection costs, and in no event shall the final cost to the COUNTY exceed $18,000
unless approved by COUNTY's Board of Supervisors.
III. Payments and Final Accounting
A. Within thirty (30) days after CITY's advertisement of PROJECT for
bids, COUNTY will, upon CITY's request, deposit with CITY its share of the PROJECT's
construction funds based on an adjustment according to actual bid prices, but in no
event shall such deposit exceed $18,000.
B. Within ninety (90) days after the acceptance of the improvement
under the contract by CITY, CITY shall submit to COUNTY for review and approval by
COUNTY a Final Accounting Report which shall contain a certification signed by the
Director of Public Works and the Director of Finance that all expenditures applicable
to PROJECT have been made and that copies of all invoices and warrants are on file
with CITY and shall be made available to COUNTY upon request.
C. If said Final Accounting Report as approved by COUNTY shows that
the total cost to COUNTY is less than the amount deposited to CITY, CITY shall
promptly reimburse COUNTY the difference between the amount deposited and the actual
cost. If said Final Accounting Report as approved by COUNTY shows that the total
cost to COUNTY is more than the amount deposited by COUNTY, COUNTY shall promptly
reimburse CITY for the difference between the amount deposited and the actual cost
subject to the provisions of Section II. E.
IV. IT IS HUTUALLY UNDERSTOOD AND AGREED:
A. This agreement shall become null and void in the event CITY fails
for any reason to award a construction contract for PROJECT by December 31, 1983, or
if CITY annexes COUNTY's unincorporated territory within PROJECT limits before CITY
advertises PROJECT for bids.
B. That neither COUNTY nor any officer or employee thereof shall be
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Agreement No. D82 -040
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by CITY under or in connection with any work, authority or
jurisdiction delegated to CITY under this agreement. 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.
C. 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 of
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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Agreement No. D82 -040
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 the City Council and the Board of Supervisors, respectively.
Dated: 19 D� -
ATTEST:
Clerk of the Council
CITY OF NEWPORT BEACH
A municipal corporation
BYG����
Mayor
PROVED AS TO FORM:
/f ROZ
City Attorney
COUNTY OF ORANGE
A political subdivision of the State
of California
G
Dated: 19 p � BY atet',.-
Chairman, Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
lu- ,u cux__'
JUNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
Y
GWS:dth531(14) -5-
5/28/82
Date
0
July 12, 1982
CITY COUNCIL AGENDA
ITEM NO. F_ i ra )
JUL 12 1982
T0: CITY COUNCIL BY the CITY COUNCIL
FROM: Public Works DepaRURF NEWPORT BEACH
SUBJECT: COOPERATIVE AGREEMENT (NO. D82 -40) WITH THE COUNTY OF ORANGE
FOR CONSTRUCTION OF THE IRVINE AVENUE BIKE TRAIL (6 2381
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute a cooperative
agreement providing for the County's portion of the Irvine
Avenue Bike Trail.
DISCUSSION:
On August 24, 1981, City Council adopted a resolution requesting
the Orange County Transportation Commission (OCTC) and the Southern California
Association of Governments (SCAG) to include the City's portion of the subject
project in the 1981 -82 S.B. 621 Funding Program. The Environmental Impact
Report - Negative Declaration was approved by the Environmental Affairs Com-
mittee and filed with the Orange County Recorder on February 22, 1982.
Street.improvements along the east side of Irvine from Bristol
Street to 800 feet southerly of Bristol Street are.scheduled to be construc-
ted during the coming year. The proposed bike trail project provides for a
combination of shoulder paving and asphaltic concrete sidewalk (where curb
exists) along the west side of Irvine Avenue, and along the remaining un-
improved east side of Irvine Avenue between Mesa Drive and Bristol Street.
(See attached sketch for the location of the improvements.)
This agreement provides for the construction of the improvements
within unincorporated County territory. The principal terms of the Cooperative
Agreement are as follows:
1. County agrees to:
(a) Review and approve the plans and specifications for the
County's portion of the project.
(b) Reimburse City for the design, construction, and in-
spection of the County's; portion of the improvements- -
estimated to be $16,000, but not to exceed $18,000.
2. City agrees to:
(a) Prepare plans, specifications and administer construc-
tion of the improvements.
July 12, 1982
Subject: Cooperative Agreement (No. D82 -40) with the County of Orange
for Construction of the Irvine Avenue Bike Trail (C -2381)
Page 2
(b) Prepare and process necessary environmental documents.
(c) Prepare a final accounting report after completion of
the improvements.
The estimated cost of this work including engineering is $31,000
with funds to be provided as follows:
County's portion $16,000
City's portion
S.B. 821 Funds 14,000
General Funds 1,000
$31,000
The City's portion of the funding has been provided in the current
budget as a carry -over from the 1981 -82 fiscal year.
The plans are being prepared by Williamson and Schmid, Consulting.
Civil Engineers, and construction is scheduled for late summer or early fall
of 1982.
Benjamin B. Nolan
Public Works Director
JSW:jd
Att.
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