HomeMy WebLinkAboutOrange County Environmental Management Agency - 1985-06-17 I
REQUE,* FOR CITY COONCCOACTION
Date ,ay_-:§ 1985
Submitted to: Honorable Mayor and City Council APP80VED//S BY CITY C9UNC(I. 1
19
Submitted b Charles W. ? so ��n'1 Char e hexrrp n, City tustrator
_ f
Prepared by: Paul E. Cook, Director of Public Works,, jf- Y ct,IMIZ
cz
Subject: Cooperative, Agrez:Ient No. D84-106B; Constru:tion of Bike Trail Bridge Along
the Santa Atia River Near Adams Avenue
Consistent with Council Policy? [xI Yes [ J New Policy or Exception
Statement:of Issue;'Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATE>`SENT OF. ISSUE: �
The County of Orange Environmental Management Agency is enlisting the participation of
the City of Huntington Beach in funding the bike Lrail across the Santa Ana River.
d;w: :.. stii f;
RECCMMENPATION:
That the City Council approve the attached Cooperative Agreement rb. D84-106B and
authorize the Mayor and City Clerk to execute the agreement on behalf of the City.
ANALYSIS:
The County of Orange Environmental Mamgenent Agency has previously constructed a paved
bike trail along the Santa Ana River. he river trail is on the County's Master Plan
of Bikeways and crosses the Santa Ana River at Adams Avenue via a dip crossing utdch
is. subject to seasonal inundations and closures due to flctirs in the river. it is
during these closures +.hat bicyclists must use an inconvenient interim trail connection
and cross the, river via the Adams Avenue bridge.
It is because of these conditions that the County, Cit-r and the City of Costa Mesa
desire to constructs a bridge for the river trail to cross the river between LeBard
Park and the future Fairview Regional Park, with a paved trai 1 frcm Adamm Avenue
southerly along the east levee of the river to the proposed bridge.
The County has successfully applied for SB 821 regional bike ':rail funds for this
project based on joint sponsorship and pooling of local SB 821 funds by County, City
and the Ci of Costa t•Sesa.
The City Council has previously approved action e r- .�sinc its entire share funding
for the project on itme 21, 1984.
FUZING SOURCE
Funding for thds project will be derived free., SB 821 funds within the separate budgets
of the County, Citv and the City of Costa Mesa. The following is a breakdown of each
party's financial participation in -she project.
1. County or Orange $181,473.00
.Regional SA 821 Project Funds
2. County of Orange $ 50,000.00
Harbors, Beaches and Parks District
3. County of Orange $ 73,535.00
Lc.)cal SB 821 Funds
4. City of Euntington Beach $ 45,979.00
5. Ci�'y of Costa Mesa $ 22,013.00
Total Funds for Project $373,000.00
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' �! WILLIAM L'tAUN
4 0 1 iy C) � PROGRAM MANAGEPI
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LOCATION:';
2 I1 ;'' 4DOt liI IC CENTER DRIVE WEST
i pp. SAKYA ANA,CALIFORNIA
IAAiL{NG AdDRt?5S:
s P.O. Box 4048.:
SANTA ANA,CA 92702-4044
ENVIRONt;1ENTALMANAGEMENI AGENCY TELEPHONE:
TRANEVORTATION& FLOOD CONTROL PROGRAMS (714)63 3aa7
FILE D84-106
July 24 , 1985
Paul E. Cook
Director of,-.Public Works
City of �AAtington Beach
P. O. Box 190
Hutington Beach , California 92648
SUBJECT: Cooperative Agreement No. D84-106B, Santa Ana River Bike
Trail Bridge
Dear Mr. Cook::
Transmitted herewith is one (1) fully executed copy of the above referenced
Cooperative !Agreement between the City of Huntington Beach acid the County
of Orange. Also attached is one (1) copy of Board ^f Supervisors Minute
Order authorizing County's execution of the ngreement.
Very truly yours,
K. R. Smith , Acting Program Manager
By:_ ....,
D. E. Updegra f of
Cooperative P of _ S J
DEU:nk
Attachments
cc: Financial Operations, w/attach.
Construction, w/attach.
Cent%al Files, w/attach.
G
of
MINUTES OF THE BOARD OF SUPERVISORS
OF 'ORANGE COUNTY, CALIFORNIA
JULY 9, 1985
V • ry � � '- � . '�,,.;7 ,, , `3y`a :Y.t' `" k�''+!6, -T
AGREEMENT aN05.,:D84,:.106a;4AN0: Bt WITN, THE CITIES Oi~ COSTA"MESA AND 'HUNTINGTON.,BEACN: On
motion y;: ,upervisor. * estan �e, seconded any uuperv.�sor Riley, the er-„ o, t e oard,
on. behalf;of the .Board of ,Supervisors; was , authorized .to execute, tigreement Nos.
DB4-106A and B ,with the cities .of Costa Mesa and Huntington Beach, respectively,
providing for cooperative funding of the bike trail across the' Santa Ana .River
dr:wnstream of Adams Avenue. Supervisor. Stanton was absent. MOTION CARRIED.
RECEIV O
JUL I S 19 4
EMA
��•�a»a � r�rn�i
1, CITY y 1HUNTIICIG"fiON SEAL
2000 -MAI?J RE T CALIFORNIA 92648
OFFICE OF i HE CITY CLERK
! 1
June 13, 1985
K. R. Smi Lh',. Acting Program Manager �...�
0. C. Environmental Manacement Agency'
P. 0. Sox 4048
Santa Ana , CA 92702-IOA8
Attn: D. E. Updacra:f
P.E: Coopera_ive Agreement No. D84- 1 �6B
The City Council of the Citv of Huntington Beach at its regular
meeting held -Monday, June 17, 1985 aooroved an agree.'yen: between
6he City and the Orange County Environmental Vianaaerlen t Agency,
r000erative Agreement No. 061-1068 , for construction of the
bike trail bridae along the Santa Ana ziver near in the
City of Huntington Eea,h.
Enclosed are three duly executed agreements . Upon excrU:ion b
the County, we would appreciate recei vi nn an executes --n% .
Alicia M. Wentworth
City Clerk
AMW:b-.
Enclosures
Cr: Paul Cook, 'Director of PuDlis Works
(Telephone: 714-5365ZV I
Li'
• Agreement No. D84-106D
AGREEMENT
1
2
THIS AGRFS14NT, made and entered into this { day of
3: , 3985 is ,
BY AND BETWM"
5 The CITY OF HUNTING'WN BEACH, a municipal
corporation, hereinafter designated as "CITYt8
s AM
7 The COUNTY OP ;ORANGE and the" ORANGE'COUNTY
8 HARBORS, BEACHES AND PARRS DISTRI,T (,OCHBPD)
political subdivisions of the State of
California, hereinafter collectively designated
9 as "COUNTY.
10�
1: W I T N E S S E T H
wHE FAS, COUNi'Y has ccnstrucL•ed A paved bicycle trail (herein called the
12"
13 "River Trail") alcng the Santa Ana River, from Pacific Coast Highway to Yorba
14 Fegional Park; and
15 IiMRFAS, the River Trail is on COWUY's Master Plan of Countywide Bikeways
is a.: a Class I, off-road trail; and
?`' wHEREAS, the River Trail crosses the Santa Ana River at Adams Avenue via
18 a dip crossing which is subject to seasonal inundations and closures due to flows in
19.
the river; and
h'HEREAS, during such closures, bicyclists must use an inconvenient interim
20
21 trail connection And cross the river via the Adams hvenue bridge; and
22 'nTTJtPAS, COUIMY, CITY and the City of Costa Mesa desire to construct a
23 bridge for the River Trail to cross the river between LeBard Park and future
2' Fairview Regional Park, with a paved trail from Adams Avenue southerly along the
25 east levee of the river to the proposed bridge, hereinafter collectively referred to
26 as "PRUJECT"; and
1%7mgrAS, COUN7Y has nuccessful.].y applied for S98;:1 regional 41ke trail
28 funds for PPMFZT based upon joint uponsorship an3 pooling r f loca►. SUP21 funds for
. rl_
Agreement No. D84 1060
1` Fiscal Year 1984-85 by COUNTY, CITY and the City of Costa mesa`; and
2
WHEREAS, City has by its City Council action June 21, 1984, encumbered its
3 entire 1984-85 share of SB021 local Bands,--$45,979, for participation in PROJEO`T,
t and said fe:,ds have been deposited with COMiTY's Auditor-Controllert and
5'
WSF.KEA.S, the City of Costa Mesa has by its City Council Resolution
6" No. 84-86 offered to contribute its F.T. 1984-85 SB821 Local funds, $22,013, to
t COUNTY for participation in PROJECT, and said funds have been deposited with
7.
g `OUN;tY's Auditor--Contrnllerl and
9
'KHEREA.S, OCHBPD has budgeted $50,000 for PROJECT in addition to the
10': anticipated SB821 revenues for PROJECT, in its 1984-85 budgets and
'
11
WHEREAS, COUNTY has prepared a Negative Declaration for PRLUT.CT which
12; became final on April 13, 1984, pursuant to the California Environmental Quality Act
13 of 1970 (CEQA) as amended i and
14 WHEREAS, COUNTY has prepared and approved plans and specifications for
15 construction of PROJECT, and set a bid opening date of May 6, 1985; and
16 1v-HEREAS, COUNTY and t-he City of Costa Mesa are entering into a separate
17 And similar agreement for participation in PROJECT; and
is h"HEREAS, PROTECT is located entirely within unincorporated COUNTY
19 territory along the Santa Ann River between CITY and the City of Costa Mess:.
•2 NOW, THEREFORE.. IT IS AGREED by the parties hereto as follown:
21 I. COUNTY SHALL:
:2 A. Be and is hereby designated as Project Engineer, Contracting and
2 Construction Agent for the parties to do and perforce all things necessary in order
.� to design and con:it:ruct PROTECT in accordance with the approved plans and
specifications and to execute and deliver all documents required in connection with
26 the construction and completion of said PROJECT, including Certificate of Completion
27 of PROJE=-
Zg 9. Award K contract for FROOT-CT construction, upon execution of both this
-2--
Agreement Na. D84 -1
9 06a
Agreement and a corresponding Agreement with the City of Costa Mesa, subject to
27 availability of sufficient. funds for PROJECT.
3' C. Have jurisdiction over any necessary and incidental portion of PROTECT
4' construction area which may extend within CITY limits, with concurrence of CITY's ,
5
City Engineer or his designee, hereinafter referred to as CITY MIGINEER.
6 D. After completion of PROJECT, be responsible for maintenance of PROJECT
7' excluding airy .incidental trail connections not ideated within unincorporated Cou-nTy
8 territory or in Orange County Flood Control District right--of--way.
9 11. CITY HALL:
10` A. Maintain its local share of 1984-85 SB621 funds free of any encumbrances
11 other than for PROTECT pursuant to this Agreement, pending determination of any
12 refund which may become due CITY pursuant to Paragraph ITI.C. herein below.
is B. Be responsible for any CITY staff cost in connection with PROJECT.
14 III. PROJECT FUNDING AND FINAL ACCOUNTING:
A. PROJECT is presently expected to cost approximately $350,000 including
15 construction, administration, inspection, surveying and materials testing. COLRI"ry
17 has the fallowing funds available and allocated for PROTECT, which funds shall be
18 utilized in the priority order listed:
x9 1. SB821 Regional PROJECT Funds% $181,473
2. SB821 Local Funds for FY 1984-85, to be utilized
20
21 from (al , (b) and (c) in proportion to each
22 entity's percentage of the subtotal of item 2:
23 (a) for COUNTY $73,535 (51.961)
24' (b) for CITY 45,979 (32.491)
2 (c) for City of Costa Mesa 22,013 (15.551)
26 Subtotal, Item 2 1411527
— 3. OCHBPD Funds Budgeted for PROJECT _ 50,000
27
28 :'otal $373*000
-3-
ti
• Agreement No. D04-106B
Ei. COUNTY has applied for CalTrans Bike Lsne Account Funds for PROJECT in the
2` amount of -$90,000. In the event said application is approved, the CalTrans funding
3' shall take priority over all other funding sources. The order of priority between
. 4. the other funding sources will not be changed.
5 C. within ninety (90) days after the acceptance of the improvements under the
6 contract by COUNTY, COUNTY shall submit a Final Accounting Report for PROTECT to
•7 CITY and to the City of Costa Mesa for review and approval by the respective CITY
B ENGINEERS. if said Final Accounting Report as approved by both CITY ENGINEERS shown
rJ that not all of the SB821 local funds (Item 2, Paragraph III.A.) were needed to fund
1D° PRO,7-ECT cost including engineering and administration, COUNTY shall refund to CITY
11 its proportionate share of said Item Z, as determined in accordance witl-, Paragraphs
12 III.A. and III.B. herein.
13 IV. IT IS MUTUALLY UNDERSTOOD AND AGREED:
14 A. If COUNTY fails to award the PROJECT construction contract by June 30, 19B6,
15 this Agreement shall automatically terminate unless extended by mutual agreement of
16 the parties hereto. If so terminated, COUNTY shall refund to CITY its share of
17 CITY's local SB021 funds for F.Y. 1984-05.
18 B. Pursuant to and in accordance with Section 10532 of the California
19' Government Code, in the event that this Contract involves exT-Penditures of Strte
20 funds aggregating in excess of Ten Thousand Dollars ($10,000) , the parties shall ►_*:
21 subject to the examination and audit of the Auditor General of the State of
22 California for a period of three (3) years after final payment under this contract.
23
C. That neither CITY nor any officer or employee thereof shall be responsible
24 for any damage or liability occurring by reason of anything done or cknitted to be �
25 done by COO= under or in connection with any work, authority, or jurisdiction
26 delegated to COUNTY under thicr agreement. It is also understood and agreed that, i
pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend, and
28
hold CITY harmless from any Liability imposed for Injury (as deffined by Govern"nC
-4-
Agreement No. D84-106
Code Section 810.8) , occurring by reason of anything done or omitted to be done by
r 2'* C 6iM under or in connection with any work, authority, or Jur).sdiction delegated to
3` COUNTY under this agreement. .
D. That neither Cfl'J27W nor any officer or employee thereof shell be responsible'
5' for any damage or liability occurring by reason of anything done or omitted to be
6` done 1by CITY under or in connection with any .pork, authority, or jurisdiction not
?' delegated to COUNTY under this agreement. it is also unaerstoczd and agreed that
pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend, and
9. hold COUNTY harmless from any liability imposed for injury (as defined by Government
A
Coda Section 810.8) occurring by reason of anything done or omitted to be done by
CiTY or in connection with any work, authority, or jurisdiction not delegated to
12; GouwTY under this agreement.
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Agreement No. D84-106B
]: IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor
Z' and attested by its Clerk, and COUNTY has caused this agreement to be executed by
3 the Chairman of its Board of S•pervisors and attested by its Clerk, all thereunto
4 duly authorized by the City Council and the Board of Supervisors, respectively.
5
CITY OF HUNTINGTON BEACH,
6 A municipal corporation
7
g. Dated: _ ! . 19 �� BY _
mayor
9
1� ATTEST: APPROVED AS TO FORM:
13 P BY
Clerk of the Council ty Atta , ey Q_':'
14
15
COU2d'Y'Y OF ORA!7G£ and ORANGE COUNTY
16 HARBORS, 5F.ACHES AND PARKS DISTRICT,
Political subdivisions of the State
17 of California
18
' 485
19 Dated: JUL 9 1 19 HY _ �''� �•
Chairman, Board of SupervisorFv
24
21
SIGNED AND CERTIFIED THAT A COPY CF APPROVED AS TO FORM:
22 THIS DocUti.Wr I3AS i RM DELIVERED ADRIAN XUYPEH, COUNTY COUNSEL
TO THE CTiAIRMAN OF THE HOARD OR.UNGE COUMMY, CALIFORNIA
23
24
By
25 LINDA D. ROB RTS
Clerk of the Board of Supervisors
26 of Orange County, California Date
27
28 i//
DEU:sgDT13-22 -6-
4/17/85