Agreement No. MA -080-20010224
AMENDMENT 1 TO COOPERATIVE AGREEMENT
This Amendment 1 to Cooperative Agreement No. MA -080-20010224 is made and entered into this day of 2023 by and between the COUNTY OF ORANGE ("County"), a political subdivision of the State of California, and the CITY OF PLACENTIA, a municipal corporation in the State of California, ("City"). The County and City shall sometimes be referred to separately as a "Party" and collectively known as "Parties".
RECITALS
A. The County is improving safe bikeway circulation county -wide via design and construction of the proposed OC Loop Class 1 bikeway.
B. The Orange County Flood Control District ("OCFCD") and the City have previously entered into Bikeways and Trails Agreement, MA -080-18010066, dated 26 September, 2017 ("Master Bikeway Agreement") , which addresses City bikeways, referenced as "Recreation Improvements", adjacent to segments of county flood control facilities. The "Premises" of this agreement apply to the County Carbon Canyon Channel (E03) south of Golden Avenue.
C. The ("Project") is that portion of the Segment D Class 1 bikeway and appurtenances, within the City limits, that will address bikeway discontinuity between the El Cajon Regional Riding and Hiking Trail (City of Yorba Linda) and the La Floresta Trail (City of Brea) by constructing a bikeway along the west side of Carbon Canyon Channel from Bastanchury Road to Imperial Highway and along the south side of Imperial Highway from Carbon Canyon Channel to La Floresta Drive. The Project includes OC Loop bikeway connective access with Golden Avenue and Street level RRFB controlled and pedestrian activated street crossing located along the existing flood control channel as depicted on the attached drawing. Project may or may not include bikeway lighting subject to County funding availability. The location of the Project lies along the east side of the Carbon Creek Flood Control Channel right-of-way between the Yorba Linda City Boundary and the Brea City boundary and includes access to Golden Avenue and a street crossing thereon. A true and correct copy of a map depicting the Project area is attached hereto and incorporated herein by this reference as Exhibit 1.
D. The US Army Corps of Engineers (USCOE) and the County Flood Control District (OCFLD) have easements for sections of the Carbon Creek Flood Control Channel right-of-way, north and south of Golden Avenue respectively, providing a connective path for the proposed Proj ect.
E. . The Parties intend the improvements constructed pursuant to the Master Bikeway Agreement, on OCFCD properties to become new City owned and maintained "Recreational Improvements" on the "Premises," as those terms are defined in the Master Bikeway Agreement.
The Parties intend the City will operate and maintain said Recreational Improvements in accordance with the Master Bikeway Agreement post -construction of the Project.
F. City plans to construct the Golden Avenue Bridge replacement project in 2025. This bridge spans over the Project.
Agreement No. MA -080-20010224
G. Pursuant to State and local guidelines, County prepared and distributed a Draft Mitigated Negative Declaration and Initial Study IP 16-343 for the Project and said IP 16-343 was subsequently certified by the County Board of Supervisors as final, complete and adequate to satisfy the statutory requirements of the California Environmental Quality Act of 1970 (CEQA), on August 8, 2017 as amended.
H. The City fully supports the Project and desire to cooperate with the County in implementing the Project.
I. The OC Loop Segment D bikeway, project Number ATPCML-5955(092), is federally funded, in part, and subject to a required Authorization to Proceed (E76) process and approval timeframe, in order to retain the Active Transportation Program construction grant, as administered by the California Department of Transportation ("Caltrans") and the Orange County Transportation Authority ("OCTA").
J. Federal funding requirements imposed on the City delayed the City's plans to construct the Golden Avenue Bridge replacement, which crosses the proposed bikeway, adversely impacting OC Loop Segment D project E76 approval.
K. In response to those delays, Caltrans and OCTA have agreed that the OC Loop Segment D bikeway project can be segmented such that the majority of the project is completed by County and the remainder, i.e. the bikeway beneath bridge and permanent ramp connections, adjacent to the bridge ("Final Segment of the Bikeway"), by City with their bridge construction work.
L. The Parties desire to amend the Agreement to address the changes created by the delays on the Golden Avenue Bridge Replacement construction.
NOW, THEREFORE, it is mutually understood and agreed by County and City that the AGREEMENT is amended as follows:
AMENDMENT 1
1. Paragraph 2.13 is deleted in its entirety and replaced by the following:
2.13. Golden Avenue Bride Replacement/Bridge Street Crossinv Work Coordination a. City agrees to coordinate their Golden Avenue bridge replacement project with County; including but not limited to, project scheduling, electrical utility service and conduit placement, bikeway soffit lighting under bridge, bikeway location, clearance and curb cuts, drainage, grading, AT&T utility, etc. b. County agrees to coordinate Golden Avenue Street level RRFB controlled street crossing improvement design and construction plan to satisfaction of City.
c. City agrees to be responsible for the construction of the Final Segment of the Bikeway as part of the City's Golden Avenue Bridge reconstruction project. d. City agrees to complete construction of Final Segment of the Bikeway as expediently as possible as part of the City's Golden Avenue Bridge
Agreement No. MA -080-20010224
reconstruction project. The construction of the Final Segment of Bikeway shall be in accordance with County approved Plans and Specifications provided to the City. e. County agrees to provide Final Segment of the Bikeway Plans, Specifications and Estimates ("PS&E") to the City. Upon acceptance of PS&E, City shall be responsible for any changes to the PS&E with concurrence from County. City shall accept PS&E within 30 days of receipt from County or provide comments to the County within that period. The City shall integrate the PS&E with their Golden Avenue Bridge replacement bid package.
f. County agrees to make a onetime payment to the City, in an amount of $215,682 for City to complete construction of the Final Segment of the Bikeway. g. County agrees to pay City within 90 calendars days after acceptance of PS&E, but no sooner than 90 days after amendment execution. No future payment(s) will be made for the City to construct the Final Segment of the Bikeway. h. City shall be fully responsible for implementing the Final Segment of the Bikeway including but not limited to: obtaining construction support services from the Engineer of Record to process construction request for information (RFIs) and submittals, make PS&E modifications, develop record drawings to be furnished to the County, cost escalations related to material or labor, change order processing and payment, accepting and maintaining the improvements, etc. i. In the event the City does not complete the construction of the final segment by December 30, 2027, the City must return the unused funds to the County.
2. Except as amended by this AMENDMENT 1, the AGREEMENT remains in full force and effect as originally therein set forth.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, CITY have caused this AGREEMENT to be executed by its respective mayor and attested by its respective Clerk, and COUNTY has caused this AGREEMENT to be executed by the Chairman of the Board of Supervisors and attested by its Clerk on the dates written opposite their signatures, all thereunto duly authorized by the City Council and the Board of Supervisors, respectively.
Agreement No. MA -080-20010224
CITY OF PLACENTIA,
a municipal corporation
Date: By:
ATTEST:
Damien R. Arrula, City Administrator
APPROVED AS TO FORM:
By:
Robert S. McKinnell, City Clerk Christian L. Bettenhausen, City Attorney
Agreement No. MA -080-20010224
COUNTY OF ORANGE,
a political subdivision of the State of
California
Date: By:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD PER
GC 25103, RESO 79-1535
By:
Robin Stieler
Clerk of the Board of Supervisors of
Orange County, California
Chairman, Board of Supervisors
APPROVED AS TO FORM:
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By:
Deputy
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Agreement No. MA -080-20010224
Exhibit 1
SEGMENT D
ALIGNMENT
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OC Loop Carbon Canyon
LOCATION IN IAP Channel (Se2nlellt D) Bikeway
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