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HomeMy WebLinkAboutC-1112(F) - Cooperative agreement for Improvements, Irvine at Tustin Avenue & 22nd Street to University9I 6767 (7) i� 11 A G R E E M E N T 2' THIS AGREEMENT, made and entered into this ��ay of 3ij , 1967, BY AND BETWEEN V 6,i 7i 81 10 11 I 12 13 14j 15 161; 17� IS! 19! 20i 211 CITY OF NEWPORT BEACH, a municipal, corporation hereinafter designated as "CITY ", and COUNTY OF ORANGE, a political subdivision of the State of California hereinafter designated WITNESSETH: as "COUNTY": WHEREAS, a considerable volume of traffic presently exists and is progressively increasing in that portion of Tustin and Irvine Avenues lying within CITY and COUNTY boundaries between 22nd Street and University Drive; and- WHEREAS, CITY and COUNTY contemplate doing certain improvement work on Tustin and Irvine Avenues between 22nd Street and University Drive, hereinafter referred to as the "Project ", and wish to specify the proportionate shares of the costs that are to be,-borne by CITY and COUNTY; and I WHEREAS; the provisions of Titled, Division 7, Chapter 5, Article 1, of the California Government Code entitled "Joint Powers Agreements" authorize two or more public agencies to jointly exercise any power common to the contracting !I parties; 22;1 INOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 2311 ii 1. CITY shall prepare detailed fans s f' 24 25 26 27 28 29 30 31 321' 2. p , peci zcations and cost estimates for the project, which shall include street widening,) realignment, reconstruction and curb construction, including the construction of drainage inlets and connector pipes at the 22nd Street - Irvine Avenue intersection. CITY is designated as the agent of COUNTY for the purposes of administering, contracting, and constructing the public improvements called for in this agreement and is authorized by the COUNTY to perform all acts necessary or required in order t'. 1, ;i j'. 4;1 61; 7 9' 10! i lIl 12 13 1 14! 151 16 l! 1711 1811 19 201 2111 22! 2311 24i 25� 26; 27I 281 29 30 �! �i 32 � ii �I i' 3 to construct the improvement in accordance with the plans and specifications. On completion of -the plans, specifica- tions and cost estimates for the project, CITY shall trans- mit the same to the appropriate COUNTY department for approval. After written approval has been obtained from the COUNTY, CITY shall proceed to award a contract for the Pro- ject pursuant to the public bid requirements of the City Charter. For and in consideration of the covenants and conditions agreed to be performed by CITY, COUNTY agrees to reimburse the CITY within thirty (30) days upon receipt of an itemized statement setting forth the COUNTY's share of the Project construction costs and engineering costs on tkie following basis: (a) For any necessary street widening and improvement work, the COUNTY will reimburse the CITY for the work done within the COUNTY territory as that ter - ritory existed at the time of the award of the con- struction contract. (b) COUNTY's share of design, engineering and inspec- tion costs shall be based upon a percentage equiv- alent to.the ratio which COUNTY's share of the pro- ject construction costs bears to the total con- struction costs "and shall include a charge of fifteen percent (15 %) to cover CITY's overhead cost. The estimated cost for the entire Project is $312,000 and the total cost to COUNTY is estimated at $48,000. The actual amount of COUNTY's share shall be determined after completion of the work covered by the construction contract. It is mutually understood and agreed: (a) That neither COUNTY nor any officer or employee 2. .:. ...:_ -: ..J: G 1` :'jam \• a .� .,_ s c I thereof shall be responsible for any damage or lia- 2 bility occurring by reason of anything done or 3 omitted to be done by CITY under or in connection 4 with any work, authority or jurisdiction delegated 5 to CITY under this agreement. It is also understoo( 6 and agreed that, pursuant to Government Code Sec - 7 tion 895.4, CITY shall fully indemnify and hold 8 COUNTY harmless from any liability imposed for 9 injury (as defined by Government Code Section 310.8' 10 occurring by reason of anything done or omitted to 11 be done by CITY under or in connection with any 12 work, authority or jurisdiction delegated to CITY 13 under this agreement. 14 (b) That neither CITY nor any officer or employee 15 thereof is responsible for any damage or liability 16 occurring by reason of anything done or omitted to 17 be done by COUNTY under or in connection with any 18 work, authority or jurisdiction not delegated to 19I CITY under this agreement. It is also understood 20 and agreed that, pursuant to Government Code Sec - 21 tion 895.4, COUNTY shall fully indemnify and hold 22i� CITY harmless from any liability imposed for injury 23'i (as defined by Government Code Section 810.8) occur 24 1 ring by reason of anything done or omitted to be 25 1 done by COUNTY under or in connection with any work 26 authority or jurisdiction not delegated to CITY 27 under this agreement. 28 IN WITNESS IJIMREOF, CITY has caused this agreement to 29 be executed by its Mayor and attested by its Clerk and COUNTY has 30 caused this agreement to be executed by the Chairman of its Board 31 of Supervisors and attested by its Clerk,'al1 thereunto duly 32 authorized by resolution of the City Council and minute order of 3 D 1 2 3 4 5 61 q 8 10 11 12 13 0 E f i the Board of Supervisors, respectively, on the date written opposite their signatures. Dated: Z7 , 1967 ATTEST: i City Clerk CITY OF NELWORT BEACH, a municipal corDqr tionn By APPROYED AS TO F0311: TUj4Y H. SEYMOUR C Attorney 14 C a 15 t 16 Dated: WT 1 0 way 1967 B 17 18 ATTEST: � W. E. ST JOHN 19 County Clerk and ex- officio 20 �Cler}h of the Board of Supervisors g 21 By fits N Cj i Deputy'"' 22i 23 24 25 26 27 OUNTY OF ORANGE, political subdivision of he State of Cal(�iforni y�a/1 H cY cIlaP�� Chairman, board 0± Supervisors 28 APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL 29 ORANGE COUNTY, CALIFORNIA i k!f' 30 By 31 32 4. i i m 3 9 0 .1 L2 13 14 15 110 17 18 19 20 21 22 23 24 2, 26 27 28 29 31 32 I WIX4: 'u x p C"Wty of JaMONVIAtO IU6 "rtelft japrOVONSUit V**k Oil USUA Md ltv",g Avowas bet"Ou q:IsIiLi Aud ftiversicy I)vive lyine, withia i,;;Lty 40d Gowaty Own"Ticaj ax�d i kixW—=A*S,, Jere has bear, vivaentc w. re the G �cy ZOumcil Of a,ia W-ity ot& Wkvpars B6aA;.i go �veemvk-u 1mtw"s Us iUty wkd t" nty Providing tar suouki works with t=t thoroof W ;)* fibuod SY thO City and S; n Ly in the mawwr 6ot out 43exeim; sn4 maul Aw detervAned It to be JA the Latemets of the city 404 Ums approv*4 and the Mayor abd City i;Iork "v wt: r1 aw t4marsil to exodou an same an bowf of the City of YAWPOrt sea ab4 AWMO CUS 2ro� 4&Y of �X PAy*r I ATUsT s Date June 26, 1968 FINANCE TO: }fjdab30ffW*s Department FROM: City Clerk SUBJECT: Contract No. 1112.1C1 Project Canty of Orange - op-op agreement - Improvement Tustin & Irvine Aves. btwn 22nd St. & Univel.ty Ave. Attached is signed S2U of subject contract Contractor: ODUNTY OF ORANGE Address: 515 N. Sycmmre, Santa Ana, Calif. Amount: $ County's estimated share - $489000 Effective Date: October 10, 1967 Resolution No. 6646 Laura Lagios LL:dg •i.6 iS SS.f i.��.� �♦ 612c/ & RECEIVED OCT 171967 PUBLIC WORKS DEPT. `WI MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA October 10, 1967 (�jl IN RE: CHANGE ORDER NO. 2 CONSTRUCTION OF ACCESS ROAD TO SANTIAGO S?.NITARY LANDFILL GRIFFITH COMPANY, CONTRACTOR On motion of Supervisor Hirstein, duly seconded and unanimously carried by Board members present, Change Order No. 2 to the contract for the construction of an access road to the Santiago Sanitary Landfill, with Griffith Company, Contractor, is approved as recommended by the Road Commissioner and County Surveyor. An extension of time of 2 working days is granted. IN RE: CHANGE ORDER N0. 4 CONSTRUCTION OF LANE ROAD SULLY - MILLER CONTRACTING COMPANY, CONTRACTOR On motion of Supervisor Featherly, duly seconded and unanimously carried by Board members present, Change Order No. 4 to the contract for the construction of Lane Road between Red Hill Avenue and Culver Drive, with Sully- tiller Contracting Company, Contractor, is approved as recom- mended by the Road Commissioner and County Surveyor. IN RE: AGRELMENT IMPROVEMENTS ON TUSTIN AND IRVINE AVENUE CITY OF NOVIPORT BEACH On motion of Supervisor Allen, duly seconded and unanimously carried by Board members present, the Chairman and the Clerk are author- ized to sign the Agreement dated October 10, 1967, between the County of Orange and the City of Newport Beach for road improvements on Tustin and Irvine Avenue, between 22nd street and University Drive, as recommended by the Road Commissioner and County Surveyor. 1 RE: 8GREENANT IMPROVEMENTS ON HMIES AVENUE CITY OF ORANGE On motion of Supervisor Hirstein, duly seconded and unanimously carried by Board members present, the Chairman and the Clerk are author- ized to sign the Agreement dated October 10, 1967, between the County of Oran : :c - and the City of Orange, for road improvements on Hewes Avenue from :;cuth of Fowler Avenue to Chapman Avenue, as recommended by the Road C .. .... _ioner and County Surveyor. Improvements t on Hewes Avenue are under Arterial Highway Financing kroSram, Project No. 418. F 1013 -2.2 • TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. 1112.01 0 Authorized by Resolution No. Fgu6 , adopted on September, 25, 1967 Date Mayor and City Clerk executed Contract October ins 19V Effective date of Contract October 10, 1967 Contract with County of Orange Address Brief description of Contract rte„ agreement fnr I PMmamrnt of T,cti., Avenue, E Irvine Avenues between 22nd Street 6 University Avenue. Amount of Contract $uR,nnn (estimated) City Clerk Att: 0 TO: CITY CLERK ATTENTION: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 W. Newport Boulevard E SUBJECT: COOPERATIVE AGREEMENT WITH COUNTY OF ORANGE FOR THE IMPROVEMENT OF TUSTIN /IRVINE AVENUE FROM 22ND TO UNIVERSITY DRIVE C -1112 C1 We are Transmitting the following: No Copies Description 1 Fully executed agreement for your files Remarks: 6 cffl OF BEWPORT EACH, Copies to: By: XZ- J Hunter T. Cook Project Engineer O F 3011 -69 C O � NTY �F G E 0 A. S. KOCH ROAD COMMISSIONER AND COUNTY SURVEYOR L. MCCONVILLE R. V. WISE ASST. ROAD COMMISSIONER DEPUTY COUNTY SURVEYOR AND SURVEYOR R. B. VAILE W. L. ZAUN DIVISION ENGINEER- OVERATIONS REFUSE DISPOSAL ENGINEER M. 1. STORM DONIS BARRETT DIVISION ENGINEER - EN GIN EERIND ADMINISTRATIVE SERVICES OGPICER TELEPHONE: 036 -3458 AREA CODE 714 ROAD DEPARTMENT ENGINEERING BUILDING 400 WEST 9TH STREET SANTA ANA. CALIFORNIA 92701 October 13, 1967 Re: Agreement - Tustin & Irvine Avenues, btw. 22nd Street & University Drive Mr. Joseph T. Devlin Director of Public Works City of Newport Beach 3300 West Newport Boulevard Newport Beach, California Dear Mr. Devlin: Transmitted herewith are two fully executed copies of subject agreement between the County of Orange and the City of Newport Beach for road improvements on Tustin Avenue and Irvine Avenue. MSS:WLH:mr Atts. Very truly yours, A. S. KOCH Road Cmmmissioner & County Surveyor By M. STORM D--vision Engineer - Engineering 1 C - 1 // z, (21• / September 28, 1967 Orange County Road Department 400 West 8th Street Santa Ana, California 92706 Attention: Wendell Hartman Gentlemen: Enclosed are signed original and one copy of agreement between the City of Newport Beach and the County of Orange for the improvement of Tustin and Irvine Avenues between 22nd Street and University Drive, and a certified copy of Resolution No. 6646 authorizing execution of said agreement, which was adopted by the City Council on September 25, 1967. After execution of the agreement by the Board of Supervisors, please return the original to this office. Very truly yours, Laura Lagios City Clerk City of Newport Beach LL: dg Encl. cc: Public Works Department Attention: Hunter Cook September 25, 1967 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE COUNTY OF ORANGE FOR THE IMPROVEMENT OF IRVINE /TUSTIN AVENUE FROM 22ND STREET TO UNIVERSITY DRIVE RECOMMENDATION: Adopt a resolution authorizing the Mayor and City Clerk to execute the subject agreement on behalf of the City. DISCUSSION: On December 12, 1966 the Council authorized a project to widen IrvinejTustin Avenue to four lanes divided, The project will be funded jointly from City Gas Tax funds, Arterial Highway Financing Program funds and County Highway funds. On April 25, 1967 an agreement for the Arterial Highway Financing Program funds was approved. The subject agreement provides funds for all work within County jurisdiction. This includes work from Monte Vista Avenue to University Drive, plus work at the 22nd Street - Irvine intersection. The total estimated cost of the project is $312,000,.00° The County's share of the work covered in this agreement is estimated at $48,000°00. oseph Devlin P blic rks Director ldg To: From: CITY OF NEWPORT BEACH City Clerk City Attorney September 19, 1967 Subject: Agreement for improvement work on Tustin and Irvine Avenues between 22nd Street and University Drive Transmitted are the original and two copies of proposed agree- ment with the County of Orange for certain improvement work on Tustin and Irvine Avenues between 22nd Street and University Drive, all of which have been approved as to form by the County Counsel and myself. The attached resolution, if adopted by the CityCouncil, will authorize execution of the agreement on behalf of the City. The Public Works Director requested preparation of the resolution for consideration by the Council at their meeting on September 25, 1967. 7/1J V Tully Seym City Attorney THS:aem Atts. cc - City Manager Public Works Director (Attn.: Hunter T. Cook)