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Home My WebLink AboutC-1185(B) - Pro rata share of Storm drain in Westcliff, Irvine & DoverA REEY' NT (Improvement t .th Irvine Avenue -17th Strefl Utersection THIS AGREEMENT is made and entered into this ,2g7-J/ day of p roc 8t- X , 1968, by and between the CITY OF NEWPORT BEACH, a municipal corporation, herein referred to as "Newport Beach ", and the CITY OF COSTA MESA, a municipal corporation, herein referred to as "Costa Mesa ". RECITALS• Because of the increasingly heavy volume of traffic on Westcliff Drive between Dover Drive and Irvine Avenue, Newport Beach and Costa Mesa contemplate doing certain improvement work at the Westcliff Drive -17th Street - Irvine Avenue Intersection, on Westcliff Drive between said intersection and Dover Drive, and on Irvine Avenue between said intersection and Cabrillo Street. Included in the contemplated improvements is the construction of a storm drain system to alleviate the flooding problem within the aforementioned limits. Pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 of the California Government Code, entitled "Joint Powers Agreement ", Costa Mesa and Newport Beach intend to jointly exercise their authority to make such improvements and desire to specify the proportionate shares of the costs of such improvements that are to be borne by Newport Beach and Costa Mesa. AGREEMENT For and in consideration of the covenants and conditions hereinafter set forth the parties hereto do hereby agree as follows: 1. Newport Beach shall prepare detailed plans, -1- t rm - Spy. 0 specifications and cost estimates for the project, which shall include street and intersection reconstruction, curb construction, and the construction of a storm drain system which shall include catch basins at the Irvine Avenue -17th Street intersection and the Irvine Avenue - Cabrillo Street intersection. 2. On completion of the plans, specifications and cost estimates for the project, Newport Beach shall transmit the same to Costa Mesa for approval. After written approval by Costa Mesa has been obtained, Newport Beach shall proceed to award a contract for the project pursuant to the public bid requirements of the Newport Beach City Charter. 3. Costa Mesa shall reimburse Newport Beach within thirty (30) days, but not prior to July 1, 1969, after receipt of an itemized statement setting forth Costa Mesa's share of the project construction and engineering costs. Said share shall be computed on the following basis: (a) For street improvement work, Costa Mesa will reimburse Newport Beach for the cost of the work done within Costa Mesa territory as that territory existed at the time of the award of the construction contract. (b) For drainage work, Costa Mesa will reimburse Newport Beach for fifty percent (50%) of the cost of the work done within Costa Mesa territory as that territory existed at the time of the award of the construction contract. (c) Costa Mesa's share of design, engineering and inspection costs shall be ten percent (10 %) of "a" plus "b" above. The estimated cost for the entire project is $310,000 and the total cost to Costa Mesa is estimated at $36,000. The actual amount of Costa Mesa's share shall be determined after com- pletion of the work covered by the construction contract. 4. Upon.00mpletion of drainage work and after its acceptance by the Orange County Flood Control District, the -2- 0 CG District will maintain and operate the underground portions of the main storm drain in 17th Street, Costa Mesa will be responsible for the maintenance and operation of the storm drain lateral in Irvine Avenue and all street drainage inlets and connector pipes within Costa Mesa territory. 5. It is mutually understood and agreed: (a) That neither Costa Mesa 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 Newport Beach in connection with any work, authority or jurisdiction delegated to Newport Beach under this agreement. (b) Pursuant to Government Code Section 895.4, Newport Beach shall fully indemnify and hold Costa Mesa harm- less from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by Newport Beach in connection with any work, authority or jurisdiction delegated to Newport Beach under this agreement. (c) That neither Newport Beach nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by Costa Mesa in connection with any work, authority, or jurisdiction not delegated to Newport Beach under this agree- ment. (d) Pursuant to Government Code Section 895.4, Costa Mesa shall fully indemnify and hold Newport Beach harmless from any liability imposed for injury (as defined by Govern- ment Code Section 810.8) occurring by reason of anything done or omitted to be done by Costa Mesa in connection with any work, authority or jurisdiction not delegated to Newport Beach under this agreement. IN WITNESS WHEREOF, Newport Beach and Costa Mesa have -3- caused this agreement to be executed pursuant to authorization by resolution of their City Councils. CITY OF NEWPORT BEACH Dated: Xki 300I?a4 APQVEI) AS TO RM: ATTEST :�; 7✓ go u y e r, City Attorney r' i y Cleric CITY OF CO TA MESA mayor ATTEST: -- City Cleric -4- TUTS : mh 10/1/68 RESOLUTION No. 6 893 A RESOLUTION OF TRZ CITY COUNCIL OF THE CITY OF NZWPCRT BEACH AUTHMZZIN0 THE EXECUTION OF AN AGLEEN TC WITH THE CITY OF COSTA MESA FOR THE DOUVEMM OF THE IRVINE AVENUE -17TH STREET INTERSECTION AND THE IRVINE AitZNUE- CASRILIA STREET INTERSECTION WM!KUS, the City of Newport Beach and the City of Costa Me" ceatesiplate doing certain improvement work at the intersections of Irvine Avenue -17th Street and Irvine Avenwe- Cabrillo Street; and WKWUMS, there has been presented to the City Council of the City of Newport Beach an agreement between the City and the City of Costa Mesa providing for such work, with the cost thereof to be shared by the cities in the manner set out therein; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable and determined it to be in the interests of the City, and the improvements to be necessary; NM, THIREPORE, BE IT RESOLVED that said agreement is approved and the Mayor and City Clerk are authorized and directed to execute the saw on behalf of the City of Newport Beach. ATTEST: ADOPTED this day of OC%O.he 2 , 1968. city Clerk Mayor 0 TO: FINANCE DIRECTOR FROM: City Clerk E' .. -„ SUBJECT: Contract No. 1185 C.2 (go-go with Costa Mesa) Description of Contract Twine Ave -17th St intersecHm & Twine Ave - CAbrillo on St. intersection - — Authorized by Resolution No. B893 , adopted on 10/26/66 Effective date of Contract October, 28- 1966 Contract with City of Costa Mesa Amount of Contract $36,000 (estimated) City CleYk ih Att: i 0 October 30, 1968 Mr. C. K. Priest City Clerk 77 Fair Drive Costa Mesa, California Dear Charlie: Enclosed is an executed copy of an agreement between the City of Costa Mesa and the City of Newport Beach for the improvement of the Irvine -17th Street intersection and the Irvine Avenue - Cabrillo Street intersection. ThU e.greement was authorised by the City Council on October 28 by the adoption of Resolution 6893. Yours very truly, Laura Lagios City Clerk City of Newport Beach LL:dg Encl. 1 ` October 28, 1968 TO: CITY COUNCIL -� FROM: Public Works Department SUBJECT: THE IMPROVEMENT OF THE WESTCLIFF DRIVE - 17TH STREET - IRVINE AVENUE INTERSECTION AND THE IRVINE AVENUE - CABRILLO STREET INTERSECTION L is RECOMMENDATION: Adopt a resolution authorizing the Mayor and City Clerk to execute a cooperative financing agreement with the City of Costa Mesa for the subject improvements. DISCUSSION: Included in the current budget is a project providing for the reconstruction of Westcliff Drive from Dover Drive to Irvine Avenue and the construction of a storm drain system in Westcliff Drive and Irvine Avenue. To be included with the above improvements, at the request of Costa Mesa, is the reconstruction of Irvine Avenue at Cabrillo Street to eliminate the dip and drainage problem. Costa Mesa will finance all street reconstruction and 50% of the storm drain construction within their jurisdiction by means of the cooperative financing agreement. The Orange County Flood Control District will pay for the remaining 50% of storm drain construction within Costa Mesa. Costa Mesa's estimated share of the project cost is $14,000 for street improve- ments and $22,000 for storm drain construction. This project is presently being designed. The plans will be submitted to the Council for consideration early in 1969, CO�UNCIIL:(, -p POSITION: w Joseph T. Devlin Public Works Director DLW /ldg 9 0 CITY OF NEWPORT BEACH CITY ATTORNEY_ DEPARMNT To: City Clerk Date: October 18, 1968 6-3 From: City Attorney Subject: Cooperative agreement with the City of Costa Mesa for improvement of the Westcliff Drive -17th Street - Irvine Avenue intersection Attached hereto are the original and two copies of an agreement with the City of Costa Mesa for the improvement of the above intersection. These copies have been signed by the City of Qom„ Costa Mesa, and are now in order for execution by the City of W Newport Beach. The attached resolution, if adopted, will authorize execution of this agreement by the City of Newport r Beach. It is requested that this matter be placed on the Council Agenda for the meeting of October 28, 1968. THS :mh Att. cc: City Manager Public Works file LTULLY af SEYMO RECEIVED My y ME "'; OCT i 3 1968 CITY OF NEWPORT GE. p CALIF. i �'�"G`rtB+�n "3''OF•..��,- 'a ".war :c:i:+:w�R.�ac.�s�.-'e=.a �;" � -^-u�- � . -. ii