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HomeMy WebLinkAboutC-2520 - Upper Newport Bay Bicycle & Equestrian Trail Projecta� TO: CITY COUNCIL BY THE CITY COUNCIL CITY OF NEWPORT BEACH JUL 8 1985 FROM: Public Works Department APPROVED SUBJECT: RECOMMENDATION: July 8, 1985 CITY COUNCIL AGENDA ITEM NO. I F-3(b) Authorize the Mayor and the City. Clerk.to.execute a cooperative proj- ect funding agreement with the Department of.Fish and Game.-to provide funds for a portion of the construction of the Upper Newport Bay Bicycle and Equestrian Trail Project. DISCUSSION: On September 26, 1983, the City Council approved and certified the final environmental impact report for the above project and directed staff to pursue implementation of a cooperative project. i • On July 9, 1984, the City Council authorized execution of an engi- neering services agreement.for a private consultant, Austin -Foust Associates, Inc. to perform engineering design and prepare plans and specifications for the project. Public Works Department staff has presented the preliminary plans to the Department of Fish and Game with a request to receive contributory funds and to prepare a cooperative agreement. The Department of Fish and Game, being desirous of participating in the project, will fund $47,000 of the cost and has prepared the attached agreement. The principal terms of the agreement are as follows: I. Parties to the agreement: a. City of Newport Beach b. Department of Fish and Game 2. Project History and Description a. Construct a dual trail project from Irvine Avenue to Jamboree Road along the Upper Newport Bay. • 3. It is mutually understood that: a. The City shall: (1) Be the "lead agency" in implementing and constructing the project and in obtaining all necessary permits, easements and rights of way for same. July 8, 1985 Subject: Cooperative Project Funding Agreement for the Upper-Newport Bay Bicycle and Equestrian Project Page 2 • (2) Be responsible for operating and maintaining the trail project. (3) Provide preliminary plans and specifications for review, to the authorized representative of the Department of Fish and Game. (4) Provide a detailed accounting of all funding expenditures for the project and maintain records of .same for at least three years and shall make them available for inspection upon reasonable notice. (5) Upon completion of the project provide a final project report accounting for all project funding and expenditures. b. The Department of Fish and Game shall: (1) Designate an:authorized representative to review and • approve the plans. (2) Review preliminary plans and specifications within ten days of the City's request to do so. (3) Upon written request, advance to the City $47,000 to help defray the costs of administration and construction of the project. a.;,, �-, �2, X4 Benjamin B. Nolan Public Works Director JS:jd Att. • g • • 84/85 5C -1103 THIS AGREEMENT, made and entered into this 15th day of June, 1)85, BY AND BETWEEN the CITY OF NEWPORT BEACH, hereinafter referred to as "CITY ", and the STATE OF CALIFORNIA, Resources Agency, Department of Fish and Game, hereinafter referred to as "STATE ", W I T N E S S E T H: WHEREAS, the City Council of the City of Newport Beach on December 17, 1973, adopted a Master Plan of Bikeways, a component of the Recreation and Open Space element of the Newport Beach General Plan; and WHEREAS, said system includes a proposed Upper Newport Bay Trail which connects University Drive on the west side of the Bay to the San Diego Creek Trail on the east side of the Bay, as shown on the attached exhibit map, and is an important trail link; and WHEREAS, STATE, in its Management Plan for the Upper Newport Bay Ecological Reserve has identified the need for a trail in the same area; and WHEREAS, CITY applied for and received from the Southern California Association of Government SB 821 Grant funding assistance in the amount of $55,673 and has applied for and anticipates receipt of an additional $214,827 for purposes of contributing to the construction of the Upper Newport Bay Bike and Equestrian Trail (hereinafter referred to as "PROJECT "); and WHEREAS, CITY estimates the total PROJECT costs to be approximately $359,500 and is in need of additional financial assistance to cause the completion of said PROJECT: and WHEREAS, STATE, recognizing the special benefits it will derive from PROJECT and desiring that it be implemented as soon as possible, has offered the necessary grants of easement and rights of entry across the affected STATE properties and to provide financial assistance in the amount of $45,000 for the purposes of contributing to the Construction of the PROJECT, with said construction including the installation of various interpretive displays; and WHEREAS STATE and CITY desire to establish a formal basis for contributing funds to the CITY as grant assistance for the construction of the PROJECT: NOWT THEREFORE, be it resolved that for and in consideration of the mutual promises and agreements contained herein, the parties hereto do agree as follows: 1. CITY shall: a. Assume the role and responsibilities of "lead Agency" within the context of the California Environmental Quality Act, as amended, and as such shall be responsible for complying with environmental requirements and filing required notices prior to proceeding with construction of PROJECT. b. Obtain a permit from the Orange County Environmental Management Agency for placement of the bridge appurtenant to the PROJECT within the right of way of said agency. C. Obtain any necessary permit for the PROJECT from the California Coastal Commission. d. Administer design and construction of PROJECT to conform with the standards of the State Department of Transportation as contained in its publication dated June 30, 1978, entitled "Planning and Design Criteria for Bikeways in California." PROJECT design and plans shall be submitted to the STATE for approval prior to soliciting construction bids. e. Be responsible for the supervision of the construction contract for the PROJECT. f. Operate and maintain the PROJECT for public recreation and :transportation purposes as funding permits. g. Maintain a complete and.accurate record of all expenditures made from ahw STATE's advance of funds hereinafter provided __..: for_, and;shall: retain said records during the term of this agreemen�:and-'far_the three year period immediately thereafter. _ :, ;- During : such - pertiod, the 'CITY shall make the records available to the STATE for review during normal business hours upon resonable notice that the STATE desires such a review. h. Upon completion of the PROJECT, provide to the STATE a final project completion report, including a full accounting of PROJECT funding and costs; and shall promptly return to the STATE their prorata share of any excess funding. 2. STATE shall: a. Upon written request, advance to the CITY the sum of $45,000 for the sole purpose of defraying a portion of the costs of construction of the PROJECT. b. Designate a representative to review and approve the PROJECT design and plans within ten days of the CITY's request for such review. • I It is mutually understood and agreed as follows: a. Neither the STATE 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 CITY under or in connection with any work, authority, or jurisdiction delegated to CITY under this Agreement. b. CITY shall, to the extent that it may legally do so, fully indemnify, defend, and hold STATE harmless from any liability imposed for injury occurring by reason of anything done or omitted to be done by CITY under or in connection with the negligent performance of any work, authority, or jurisdiction delegated to CITY under this Agreement. C. The term of this Agreement shall be 24 months from the date of its approval by the California Department of General Services. d. The STATE's total obligation hereunder is as explicitly stated in the foregoing Section 2 and nothing herein contained shall be construed as obligating the STATE to the expenditure of funds or for the future payment of money in excess of appropriations authorized by law. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forht opposite their respective signatures. STATE OF CALIFORNIA RESOURCES AGENCY DEPARTMENT OF FISH AND GAME Dated: , 1985 By'0.E',4(.� STATE C O 1EWP ACH Dated: , 1985 Mayor 1 hereby certify that all conditions for exeonptbn set forth in State Administrative Manual Section 1209 have been complied with and this document b exenpt free, re tew by the Deppr ment of Finance. NEWMAM"PAPPIMMM — cf C? s 1er!'�is-- ervke8 11 19A Asert. ATTEr)T : _ I WANDA RAGGIO City Clerk, City of Z40rttK&t&dk- RMERT Beach eD At d, URNHAM City Attorney, City of Newport Beach 84/85 5C -1103 n i..I AAJX" ENQWECiED . ra•,.,...... FUND ma 45,000.00 Support Preservation ~CUAME" BALAMU -..., (QW`MW L USE) . $ (- 030 AOI. NCREAf1G ENCuwmNa ITEM STATUTE FISCAL TEAR 3 3600 -,, 1.258 OBJECT OF EAEENDITUM LCO" ANU TIPS) 1984 84/85 4D1. DEOEA.SW40 ENCUMBRANCE _ $ &0 ! Mxby rawl:.fR upm my m prnmel mdrd -r the I r • r • r .....f....r •'.A. NO. u. N0. IROIIO11If f." LIti: yrdud and iNVpYr O!� I AIOTMTIKiE OF ACCOUMING ORI WT! / -.VC 91. _. 1iMlry mll(F 1ilFrnq( illbl r..rx,uiPlFr,r.limW�-ri ^rte. Llminir!.nro.r Winai!.L.�n.�i".�ip 1. mpB..7eaA.,.gJ,y,,�. d,.w„ +,r .. .,yI r•.. ,r. ,, i.ya,. ehi -i; l:,:;p ^i y,+e�,�e. , YGMATM a OFFICER SIC L+II '., . 1 1 ;[AUG 18 05 0 a July 17, 1985 C _ ysyp TO: CITY CLERK FROM: Public Works Department SUBJECT: UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL PROJECT COOPERATIVE FUNDING AGREEMENT /DEPARTMENT OF FISH AND GAME Please have the attached agreements (original and five copies) executed on the behalf of the City. Once executed, have them returned.to my attention for mailing to the State. When we receive the fully executed agreement, a copy will be forwarded to your office. Thank you for your assistance. Jeff Staneart, P.E. Associate Civil Engineer JS:jd Att.