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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 �L AND E 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 -1- 1 2 3 4 • • 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 —2— 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 -3- 1 2 3 4 9 0 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. -4- i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18� 19 20 21' 22 23 24 25 26 27 28 0 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. 17 L��45A,/sroL 0 .k �I Lol NnRTN "/On : STRGGT h h V PLAN //' =love LEGEND CONCRETE S14016M41-k O O O 4.fAA/.9CT CONCRETE SffOVLOER OAI451N6 41% � STREET I o a I { W j I V Exrsr.4�� 6' EY /ar ovwr. �_ P AW 11e C. 6 /D 511 EIYALK 44w,r OVM7 TYP /CAL SECT /DNS NOT ra SCA6E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT-• /,PIS /NE 4M&r B /AE rAM1L MESA OR. TO $.P /STOL ST DRAWN--I APPROVED PROPOSED titC. fmoaLOE.P P.4✓EMENT DATE PUBLIC WORKS DIRECTOR R.E. NO. _ DRAWING NO.