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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 0 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 0 0 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: • I,Inv ! „ • 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. 0 0 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 u X 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 0 0 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 a4 \LICA2.P2 i D• ISLE COMMUNITY • • is 9A r CITY CH NEWPORT B Mayor ATTEST: X City Clerk