HomeMy WebLinkAboutC-3021(A) - Cooperative Agreement for Lido Isle Sidewalk Replacement, Phase IIlido isle
•_ community
association
701 VIA LIDO SOLID, LIDO ISLE • NEWPORT BEACH, CA 92663
TELEPHONE (714) 673 -6170
February 16, 1995
Mr. Gilbert Wong
Project Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
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RE: Lido Isle Sidewalk Replacement, Phase II (C -3021)
Dear Mr. Wong:
• Thank you for providing the Lido Isle Community Association with
the summary of recent bid for our sidewalk program. Our review
of the bids and the Cooperative Agreement will be submitted to
our Association's Board of Directors with our favorable
recommendation at a special meeting on Wednesday evening,
February 22, 1995.
•
Upon the Board's concurrence, we will provide to you the signed
agreement and the funds requested on Thursday, February 23, 1995.
Thank you for all of your assistance.
Sind
Donald J. abney
President
cc: LICA Board of Directors
a non - profit cooperative organization of all lido isle property owners
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: March 17, 1995
SUBJECT: Contract No. C- 3021(A)
Description of Contract Cooperative Agreement for Lido Isle
Sidewalk Replacement Phase II
Effective date of Contract March 17, 1995
Authorized by Minute Action, approved on November 14 1994
Contract with Lido Isle Community Association
Address 701 Via Lido Soud
Newport Beach CA 92663
Amount of Contract (See Agreement)
"6e4e
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
TO:
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„ • November 14, 1994
CITY COUNCIL AGENDA
ITEM NO. 12
BA 1
APPROVED z
MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: 1994 -95 SIDEWALK AND CURB AND GUTTER REPLACEMENT
PROGRAM; AND LIDO ISLE SIDEWALK REPLACEMENT, PHASE II
(C -3021)
RECOMMENDATIONS:
1. Authorize the Mayor and the City Clerk to execute a
Cooperative Agreement with the Lido Isle Community
Association
2. Approve budget amendment to increase Capital Projects,
General Fund, Sidewalk, Curb and Gutter Replacement
Program (General Services) Account No. 7013 P 313 016 A
expenditure appropriation by $100,000.00.
DISCUSSION:
During fiscal year 1993 -94 the City budgeted funds for the first
phase of a cooperative project to replace defective portland cement concrete
(P.C.C.) improvements on Lido Isle. The project was eventually combined with
the 1993 -94 Sidewalk, Curb and Gutter Replacement Program and put out to
bid. The work was completed so well that the Lido Isle Community
Association (LICA) has requested that the City do another cooperative project
to complete the balance of the defective P.C.C. improvements on Lido Isle.
LICA's share of the proposed work totals approximately $118,000.
The City's share totals approximately $111,000. Unfortunately, the City has
budgeted no funds for its portion of the work. Consequently, LICA has been
negotiating with the General Services Department to devise a method where
the work may be performed this year. As a result, LICA has made a proposal
to provide for the City's portion according to the following conditions:
1. LICA will pre -pay the beach and street end park lease through the
life of the lease, the year 2000. Hence, 6 years at approximately
$7,800 per year will equal $46,800. The prepayment is based on
LICA's current lease payment only and will not effect future
negotiations for the final five year adjustment to the lease.
2. Provide a $53,200 loan to the City for a period of two years or
two budget periods, interest free, at the choice of the City.
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SUBJECT: 1994 -95 SIDEWALK AND CURB AND GUTTER REPLACEMENT
PROGRAM; AND LIDO ISLE SIDEWALK REPLACEMENT, PHASE
(C -3021)
November 14, 1994
Page 2
In return, the City is to prepare and execute a Lido Isle P.C.C.
replacement contract this winter, provide contract, engineering, and
inspection services for the project, and repay the loan over a maximum period
of 2 years.
The City Attorney has reviewed and supports LICA's proposal.
The proposed cooperative project with the LICA will be combined
with the City's sidewalk, and curb and gutter replacement needs in Corona
del Mar and on Balboa Island. The concrete replacement is deemed necessary
to 1) eliminate improvements which have been uplifted and displaced to the
extent as to constitute a hazard to the public; and 2) restore adequate
drainage gradients to improvements which have been uplifted and displaced.
A cooperative agreement has been prepared for execution by
LICA and the City. The Association will incur the cost for special coloring and
scoring of concrete, for reconstructing sidewalk owned \maintained by LICA,
and for replacing panels of sidewalk area which LICA judges to be
aesthetically unacceptable.
M/1
Don Webb
Public Works Director
GW:so
Attachment
David E. Niede haus
General Services Director
/ aEW PORT
19
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C �P
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
August 19 ,1993
Mr. C. Robertson
325 Via Lido Soud
Newport Beach, Ca. 92663
Dear Mr. Robertson
The roots of the private tree in front of your property located at 325 Via
Lido Soud have raised the public sidewalk causing a potentially dangerous
condition and a public nuisance. Since the damage to the sidewalk was
caused by the root growth of your tree you are, in accordance with
Section 13.04.090 of the Newport Beach Municipal Code, required to have
the sidewalk repaired. The perimeter of the area to be replaced has been
marked with orange paint.
Please arrange to remove the portions of the existing sidewalk which has
been displaced, prune the tree roots to at least 6 inches below the new
walk grade and replace the sidewalk. The use of root barriers is
encouraged. This work should be completed within 90 days and done in
compliance with City Public Works Standards.
The City considers private trees as valuable community resources.
Retention is encouraged if the tree does not present a continuing public
safety hazard.
A Public Works permit is required for the work, however the fee will be
waived. For your convenience a permit application, and sidewalk
specifications have been enclosed. The permit application must be
returned to the Public Works Department. Most general contractors are
capable of replacing sidewalk and they must provide Workers
Compensation Insurance if required.
If you have any questions regarding the sidewalk repairs, please call me at
(714) 644 -3055.
Sincerely,
LEON HART, Field Operations Superintendent
3300 Newport Boulevard, Newport Beach
COOPERATIVE AGREEMENT
Lido Isle Sidewalk Replacement
Phase II
C, - 3z9z /(A)
THIS AGREEMENT, dated the � day of 1995, for
purposes of identification, between the CITY OF NEWPORT BEACH, a
municipal corporation ( "CITY ") , and LIDO ISLE OMMUNITY ASSOCIATION
( "LICA") is made with reference to the following:
RECITALS
A. CITY owns and maintains specially colored and scored
(SPECIAL MATERIAL) public sidewalks and other facilities on Lido
Isle. The CITY has repaired the SPECIAL MATERIAL sidewalks with
standard portland cement concrete or other material that does not
match the SPECIAL MATERIAL. The condition of some SPECIAL MATERIAL
sidewalks warrants replacement, rather than repair with standard
material, (REQUIRED CITY IMPROVEMENTS) but CITY would not fund the
replacement with SPECIAL MATERIAL absent LICA's financial
commitments due to budgetary constraint;
B. LICA has asked CITY to replace some SPECIAL MATERIAL
sidewalks which, due to their condition, would ordinarily be
repaired using standard material (REQUESTED CITY IMPROVEMENTS) , and
LICA has agreed to identify these improvements and pay the entire
cost of replacement. REQUIRED CITY IMPROVEMENTS AND REQUESTED CITY
IMPROVEMENTS are collectively referred to as CITY IMPROVEMENTS;
C. LICA has also asked the CITY to replace certain LICA
owned improvements with SPECIAL MATERIAL in conjunction with the
replacement of CITY IMPROVEMENTS; and
D. LICA has agreed to provide CITY with an advance to
facilitate replacement of CITY IMPROVEMENTS, to pay the extra cost
of replacing REQUESTED CITY IMPROVEMENTS with SPECIAL MATERIAL and
to pay the entire cost of constructing LICA IMPROVEMENTS with
SPECIAL MATERIAL; and
E. CITY will recover some of the costs of replacing CITY
IMPROVEMENTS from LICA members whose private landscaping or
facilities have damaged those CITY IMPROVEMENTS;
F. Certain LICA IMPROVEMENTS are located in proximity to
CITY IMPROVEMENTS and the replacement of the LICA IMPROVEMENTS at
the same time and by the same contractor responsible for the
replacement of CITY IMPROVEMENTS will reduce the costs to both
parties and facilitate completion of the public improvements; and
G. The parties have entered into this agreement to clearly
delineate their respective responsibilities relative to the
replacement and reconstruction of CITY IMPROVEMENTS and LICA
IMPROVEMENTS (the "PROJECT ").
NOW, THEREFORE, the parties agree as follows:
1. LICA shall:
A. Prepay $46,800 lease payments required pursuant to
the CITY /LICA street and lease dated April 15, 1975
that are due and owing from the date of this
agreement to the expiration of the lease. The
parties agree that there is approximately six years
remaining on the lease and LICA is currently
obligated to pay $7,800 per year. LICA and CITY
acknowledge that the pre - payment is based upon
current lease payments only, that the parties have
agreed on a procedure by which the final lease
payment adjustment is to be made and that LICA will
be liable for any additional payments required when
the final adjustment is made. LICA and CITY also
agree that the pre - payment does not relieve LICA of
any duty required of it pursuant to the lease or
commit the CITY, in any way, to extend the existing
lease, to renegotiate the term of the existing
lease, or to approve a new lease. LICA shall
submit pre - payment ten (10) days prior to the award
of the contract for replacement of CITY
IMPROVEMENTS and LICA IMPROVEMENTS.
B. Loan CITY $53,200. CITY shall use the loan in
conjunction with the prepayment of lease payments
and funds in the capital improvement budget to
replace REQUIRED CITY IMPROVEMENTS. LICA shall
fund the loan ten (10) days prior to the award of
the contract for replacement of CITY IMPROVEMENTS
and LICA IMPROVEMENTS. The loan shall be interest
free.
C. Pay CITY a sum equal to the additional cost of
replacing REQUIRED CITY IMPROVEMENTS with SPECIAL
MATERIAL as opposed to standard portland concrete
cement, the entire cost of replacing REQUESTED CITY
IMPROVEMENTS and the entire cost of replacing LICA
IMPROVEMENTS with SPECIAL MATERIAL (LICA SHARE) .
CITY and LICA have estimated LICA's SHARE to be
$118,000. In the event the LICA SHARE exceeds
$118,000 based upon the price of the contract
awarded to the low bidder, LICA shall accept, an
increase in LICA's SHARE or request CITY, in
writing, to issue contact change orders to reduce
the scope of work such that the LICA SHARE remains
$118,000.
D. LICA shall have the right to review the plans,
specifications and estimates for replacement for
CITY IMPROVEMENTS and shall have the right to
approve the plans and specifications for all LICA
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IMPROVEMENTS. Once approved by LICA, the plans and
specifications will be incorporated into the Public
Works contract documents for which bids are
solicited by a CITY.
E. LICA has tentatively identified REQUESTED CITY
IMPROVEMENTS and LICA shall confirm the location
and scope of requested CITY IMPROVEMENTS, in
writing.
F. LICA shall pay fifty percent (5016) of LICA's SHARE
to CITY at least ten (10) days prior to the award
of the contract for the project. LICA's SHARE
shall be calculated by CITY using bid prices quoted
by the contractor to whom contract is awarded.
G. LICA shall pay CITY the balance of LICA SHARE
within ten days after CITY provides LICA with
written notice of completion of the project. The
final payment shall be equal to the total actual
cost of LICA's SHARE less the 50% pre - payment of
LICA SHARE required by Subparagraph F.
H. Publicize and endorse the project to LICA members
thorough LICA newsletter articles, flyers or other
publications.
I. Cooperate with CITY in efforts to inform property
owners of their responsibility to reestablish
landscaping and irrigation systems adjacent to
areas where work on CITY improvements has been
undertaken.
J. Designate no more than 2 persons who shall be
responsible for communicating concerns of LICA, or
its members, regarding the construction of the
improvements or the administration of the contract.
CITY shall:
A. Prepare plans, specifications, and estimates for
CITY IMPROVEMENTS and LICA IMPROVEMENTS;
B. Award and administer a public works contract
calling for the construction or reconstruction of
CITY IMPROVEMENTS and LICA IMPROVEMENTS, and
provide contract, engineering and inspection
services for the entire project.
C. Submit invoices to LICA requesting payment of
LICA's SHARE of the project cost as specified in
Subparagraphs 1F & 1G.
•
D. Provide LICA with advance notice of construction
schedules as work progresses and receive input from
LICA representatives identified in Subparagraph 1J
regarding concerns relative to construction or
contract administration.
E. Repay the LICA loan in two $26,600 installments.
The first installment is due and payable on or
before October 1, 1995 and the second and final
installment is due and payable on or before October
1, 1996.
3. LICA and CITY mutually agree that:
A. Neither LICA, 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 fully indemnify, defend, and hold LICA
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 any
work, authority, or jurisdiction delegated to CITY
under this Agreement.
C. Neither CITY, nor any official or employee thereof
shall be responsible for any damage or liability
occurring by reason of anything done or omitted to
be done by LICA under or in connection with any
work, authority or jurisdiction delegated to LICA
under this Agreement.
D. LICA shall fully indemnify, defend, and hold CITY
harmless from any liability imposed for injury
occurring by reason of anything done or omitted to
be done by LICA under or in connection with any
work, authority or jurisdiction delegated to LICA
under this Agreement.
E. This Agreement represents the full and complete
understanding between CITY and LICA, and all
preliminary negotiations and agreements are merged
in this Agreement. No verbal agreement or implied
covenant may be held to vary the provisions of the
Agreement. This Agreement may be modified only by
written amendment signed by representatives of CITY
and LICA.
F. Whenever any legal action is necessary to enforce
any provision of this Agreement the prevailing
party shall be entitled to reasonable attorneys
• •
fees and costs.
G. All required notices shall be in writing and, if
given to CITY, may be served personally on the City
Manager or City Clerk of CITY, or may be mailed by
first class mail with postage prepaid to 3300
Newport Boulevard, Newport Beach, California 92663
and, if given to LICA, amy be given personally to
an officer of LICA or may be mailed by first class
mail with postage prepaid to Lido Isle Community
Association, 701 Via Lido Soud, Newport Beach,
California 92663. Either party may give written
notice to the other of a different address to which
notice by mail should be sent.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the dates set forth opposite their respective
signatures.
Dated:P.� -�3, J1�jf�
Dated: ?A i-/Z Zn5
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i D• ISLE COMMUNITY • •
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CITY CH
NEWPORT B
Mayor
ATTEST:
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City Clerk