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Home My WebLink AboutC-1539(B) - Cooperative Financing of East Costa Mesa Channel at the intersection of Dover Drive and Irvine AvenueCITY OF NEWPORT BEACH CALIFORNIA DATE March 5, 1975 TO: FINANCE DIRECTOR FROM: City Clerk ,SUBJECT: Contract No. 1539C City Hall 3300 W. Newport Blvd, Area Code 714 673 -2110 Description of Contract Cooperative financing of Fast Costa Mesa Channel at the intersection of ver Drive and Irvine Avenue. Authorized by Resolution No. 8330 , adopted on August 12, 1974 Effective date of Contract October 9, 1974 Contract with Orange County Flood Control District Address 400 Civic Center Drive West Santa Ana, CA 92702 Amount of Contract See contract dm Attachment City H. G. OSBORNE CHIEF ENGINEER 0 0 ORANGE COUNTY FLOOD CONTROL DISTRICT 400 CIVIC CENTER DRIVE WEST SANTA ANA, CALIFORNIA TELEPHONE: 034 -2300 AREA CODE 714 OCT 2 1974 Mr. Joseph Devlin Director of Public Works City of Newport Beach Post Office Box 1935 Newport Beach, California 92660 Dear Sir: MAILING ADDRESS: P. O. BOX 1070 SANTA ANA, CALIFORNIA 92702 15 ` RECEIVED ' PUBLIC WORKS 'C -1 OCT,?;; 1974 r, *v c;- � EcRCH, 1 Transmitted herewith is a fully executed copy of Agreement C932 providing for the cooperative financing of East Costa Mesa Channel at the intersection of Dover Drive and Irvine Avenue. Also in- cluded is a copy of the Board of Supervisors' minute order of October 8, 1974 authorizing approval of Agreement C932. All items transmitted are for your files. MAC /ds Enclosures- Agmt.C932 M.O. Oct. 8, 1974 Very truly yours, J. . Williams D ign Division Engineer I CORRECTED COPY MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA October 8, 1974 IN RE: SELECTION OF ELECTRICAL ENGINEERING FIRM DATA SERVICES AUXILIARY POWER R.E. WALLS AND ASSOCIA'T`ES On motion of Supervisor Battin, duly seconded and unanimously carried, the firm of R. E. Walls and Associates is selected to prepare the drawings and specifications for the Data Services Auxilary Power and the Director of Building Services is authorized to negotiate a fee and prepare the architectural - engineering services agreement for consider- ation by the Board of Supervisors. Project No. 0168 -420 -959• IN RE: AGREEMENT ENFORCEMENT OF ORDINANCE REGULATING WELLS CITY OF SANTA ANA On motion of Supervisor Diedrich, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the agreement, dated October 8, 1974, between the County of Orange and the City of Santa Ana, providing for the enforcement of City of Santa Ana Ordinance No. NS -1219 regulating wells, as recommended by the County Health Officer in his letter dated September 26, 1974. IN RE: AGREEMENT EAST COSTA MESA CHANNEL CITY OF COSTA MESA CITY OF NEWPORT BEACH On motion of Supervisor Diedrich, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign Agreement No. C932, dated October 8, 1974, between the Orange County Flood Control District, the City of Costa Mesa and the City of Newport Beach, providing for said District's financial participation in the amount of $60,000.00 for the construction of an extension of East Costa Mesa Channel located at the intersection of Irvine Boulevard and Dover Drive, as recommended by the Assistant Chief Engineer of the Orange County Flood Control District in his letter dated October 8, 1974. F 1013 -2.2 ■ i XTEMENT NO. C932 6Y -€h�E krnnN ra . M4,*A LA0;0s; Cj. - -.. _nA COPY No. 2A - TF 77,% P UY CITY C* h :NvnC•> ': :,, A G R _E E a E N T 9300 NmWRO7r I:'.L °. ) — ._ F'e,Y?CRT D�AZ ri, Gtu iF. i 36Q THIS AGREEMENT, for pur:oses_gf identification hereby dated the day of L', -mo?fl_� _, 1974: is BY AND BETWEEN ORANGE COIIiTY FLOOD CONTROL DISTRICT. hereinafter referred to as "DISTRICT", AND CITY OF COSTA MESA, hereinafter referred to as "COSTA MESA" AND CITY OF 4EWPORT b EACH, hereinafter referred to as "NEWPORT" WI TN E'S SET13 WHEREAS, COSTA MESA and NEWPORT, hereinafter jointly referred to as "CITIES ", have determined that traffic congestion and drainage problems exist at the intersection of Irvine Avenue - -Dover Drive - 19th Etreet and have entered into a cooperative agreement, executed July 15, 1974, which provides for the prepara- tion of plans and construction of street and drainage improvements to mitigate said probl em >j and WHEREAS, DISTRICT and CITIES have previoisly recognized that flood hazards exist upstream of the present terminus of the.-. existing East Costa Mesa Channel (G02) at Irvine Avenue and have Proposed various plans to mitigate said flood hazard, and WHEREAS CITIES have proposed the reconstruct:ior and signalization of said intersection, including minor realignments of Dover Drive and 19th Street, a street improvement project which in not feasible unless major storm drain im- provement°_ are installed as a part of the Street: improvement project; and 1HEREAS, the City Engineers Flood Control Advisory Committee has re- viewed the request of CITIES for assistance in mitigating the deficiency and has recommended DISTRICT'S participation if QTI£S will obtain any necessary rights - of -way therefor; and WHEREAS, DISTRICT has included $60;OOU in its fiscal 1974 -75 constructi:,n budget for the cooperative extension of East Costa Mesa Channel (G02) on the basis of CITIES administerinv the design and cvns*_r..ct?on contracts therefor; and WHEREAS, CITIE: ndyo provided funds for the street and storm drain improvement project it their fiscal 1974 -75 budget; - 1 _. 1, NOW, THEREFORE, IT IS.A &REED by ar i7etWee. ?: tl ? == liai° ies hew'to as follows: °CITIES shall have prepared by an engineer meeting DISTRICT'S approval, Plan-- a:?d speeffic4tions for an underground exte;:sior: of East Costa Mesa Channel -and appurtenances in the - Irvine Avenue a' *ver Drive-19+h Street intersection, hereinafter referred to as PROJECT. PROJECT design shall be •`_used on discharges, determined. ",by CITIES and approved by DISTRICT, in accordan : with DISTRICT'S hydrology manual, CITIES will furnish DISTRICT with a hydrology report. 2. COSTA MESA shall submit plans -and specifications for PROJECT to DISTRICT'S Chief Engineer for approval ellaaw ig a rr- _asonable time for engineering review. DISTRICT a,irees to withhold approval only for good cause. In the event of disagreement between DISTRICT anj COSTA MESA regarding the plans and specifi- cations, the requirements of DISTRICT shall prevail. Plat: sheets shall be of a size and nature and shall have appropriate title block information and drawing number such that they can be readily incorporated in DISTRICT'S fil and alpha- numeric ident?fication system. After approval of plans and specifications, COSTA MESA shall promptly furnish DISTRICT with four sets of bound plans and specifications. 3. After approval of plans and specifications by DISTRICT, COSTA H_. "A. shall incorporate PROJECT with the street improvements into a single contract and shall advertise for bids, receive and open same, and if an acceptable bid is received award a contract to the lowest responsible bidder; all in accordance with applicable provisions of state and local laws. 4. COSTA MESA shall promptly notify DISTRICT upon award of a contract and shall furnish DISTRICT with :a construction schedule and keep DISTRICT infemar-d of any revision in said schedule. During construction, COSTA MESA shall assign a qualified resident engineer barged with overall contract administration and for obtaining construction in accordance..wita the plans and specifications. DISTRICT'S Chief Engineer shall assign a qualified inspector to PROJECT whose function shall be certification at the end of construction to said Chief Engineer that PROJECT has been accomplished in good and workmanlike mariner in accordance with the plans and specifications. In the event of a disagreement between COSTA MESA and DISTRICT inspectors regarding conformance wth plans and specifications, the decision of DISTRICT'S inspector shall be final. During the progress of the work, COSTA MESA's resident engine-or snail cooperate fully with DISTRICT'S inspector regarding conformance with th^ plans and specifications IWAZ i C 1 and shall promptly provide copies of materials- tests, logs of test borings, soils tests, survey results and other items necessary or desirable to determine adherence to t*plans and specifications,' 5. COSTA MESA shall issue no change orders for PROJECT without first having obtained the written concurrence. of DISTRICT'S Chief Engineer. 6. All surveying and materials testing shall be accomplished by COSTA MESA, and COSTA MESA shalt utilize for testing purposes only qualified private of public laboratories approved by DISTRICT`S Chief Engineer. 7. COSTA MESA shall acquire all rights ;)f w;;" for PROJECT. 3. Upon furmal award of contract and written request by COSTA MESA, DISTRICT will pay COSTA MESA $30,000 for engineering, inspection, testing, contract administration and construction. 9. Upon completion of construction, COSTA :MESA shall file a Notice of Completion and submit to DISTRICT for file purposes two copies of the Notice of Completion and original tracing of the plans on a medium of like quality to the original and modified;to represent the. "as - built" conditions. Upon certification by DISTRICT'S inspector and concurrence by DISTRICT'S Chief Engineer that the PROJECT has been accomplished in accordance with the plans and specifications, DISTRICT shall pay to COSTA'MESA upon demand by COSTA MESA, $30,000. 10. After completion of construction, DISTRICT shall assume maintenance responsibilities for the main line portion of PROJECT as shown on Exhibit "A ", attached hereto and by this reference made a part hereof, and CITIES shall assume maintenance responsibilities for all inlets, catch ba -sins, connector pipes and laterals to PROJECT within their respective boundaries. DISTRICT'S responsi- bilities for operation and maintenance under this agreement shall commence 30 days from the receipt of notification by COSTA MESA that it has filed a Notice of Completion of the work, unless prior to the expiration of said 30 -day period, DISTRICT'S Chief Engineer has notified COSTA MESA in writing that the work is not acceptable. Said notice of unacceptability shall be given only upon finding by DISTRICT'S Chief Engineer that the work has not been accomplished in compliance with the plans and specifications and duly issued change orders or, that during and subsequent to the construction: period, 0� work: have undergone deteriora- tion by the accumulation of debris, sediment, vegatative growth, erosion or structural changes. Said notice, if given, shall include specific work required for acceptance, and, in the event that COSTA MESA does not promptly undertake _3- and complete said remedial work, DISTRICT shall accomtOisil and CITIES agree 60 1=ay the_;1bDst of same and to indemnify and save DISTRICT harmless from all claim:, arising out of said deficiencies. 11• Ti has not awarded the Time is of the essence. d i f COSTA MESA contract for PROJECT by June 30, 1975, this agreement shall become, void and the obligations of DISTRICT hereunder shall terminate. 12. .COSTA MESA shall be the uLead Agency" within the context of the Environr%.ntal Quality Act of 1970, as amended and COSTA KESA shall be responsible for complying with environmental requirem.�nts and filing required notices prior to any payment pursuant to paragraph 8 above. 13. DISTRICT shall iridei�nify and hold CITIES harmless from any liability imposed as a result of any alleged negligence by DISTRICT or its agents arising out of DISTRICT'S performance of this agreement. CITIES shall'.1ndemnify and hold DISTRICT harmless,from any liability imposed as a result of any alleged negligence by CITIES or- Its agents arising out of CITIES performance of thi-s agreement. - 4 - 0 IN WITNESS VHEREOF, the parties hernttt hav +, !xecosted this agreement on the dates set forth opposite their respective signatur+as. /) ,*RANGE CO'F1Td FLOOD CONTROL DISTRICT Date: ALA— Bqv v a n o is oard visors ATTEST: W. E. ST J04tw Count; Clerk and ex- officio Clerk of the ';o-rd of Supervisors Date:_ a `SSi ` iii By_ _ ��nza�tie�k r_ r —� - - -- Deputy; J CITY OF COSTA i9ESA Date: 2Z By_�� Mayor ATTEST: Date: oy__&K?X� ty. Clerk Date: AUG 2 11974 Date: AUG 21 1974 CITY OF NEWPORT BEACH By v C ty er APPROVED AS TO FORM: __. Roy E. June -- Attorney of the City of Costa Mesa APPROVED AS TO FORM: ADRIAN KUYPER COUNTY COUNSEL APPROVED AS TO FOR: *1: COUNTY OF ORANGE <7 1 By By Deputy ss City orney, City of ewport Beam RECOMMENDED FOR APPROVAL: Original S S,- d By C. R, tie rcr k G. Osborne, rne, L r�ief Enn neer Orange County Flood Control District - 5 - E J DiCY. Pro��D I- I \J PROPCSEc /� 19r� s7. S�Ritii DRflii�i >=1 MRF- STORM DRAIN E TENVOM AVENUE �i � to ... ,PROPMED 187�4 S1. I' STaRTyt DJZAiN 70 OF / �t CO�-M1 4C:CQ BY A / s� CpS� �+185.y GtJiV'TQPL.'i TI "> V, NE o DiCY. Pro��D I- I \J PROPCSEc /� 19r� s7. S�Ritii DRflii�i >=1 MRF- STORM DRAIN E TENVOM AVENUE �';ZOP05 =D RVi';,!E- SAYCRES7 ARZA vs-s;k& ii 41 i MAIM LIME S. D. E,83T c" -nAmem c,#,41 oven. 11W,O RCsrr,9!/NQ EXTE'NS/ON G XHI � to o -r , C ' cc IQi�I itz � u r^� e" U C1T�J f r "''._IN 1�T rAnHi PU'15UC `,-V6Rxs D'PARTM _N T -_ "7;C ; ,, ,^Tr 7R N MTom1 � rVii?; -.'' �';ZOP05 =D RVi';,!E- SAYCRES7 ARZA vs-s;k& ii 41 i MAIM LIME S. D. E,83T c" -nAmem c,#,41 oven. 11W,O RCsrr,9!/NQ EXTE'NS/ON G XHI iTY OF COSTA MESA:`C ORNI? t, r 1`7,3- I s.. G. Osborne. Chief 8ngineer County 81ood Control District W*fte Coster Drive Best Ssatilas. tg�*fornia 92701 , Dear Nr. Oeboraai I as enclosing four copies of as "WOOR tt h"O" i= County Plood Controj._ftgtriaty the City if- Neepart 1"ch. ZCity of Costa Mesa. all of which have b as. signed by the cities of 7tarport Beach and Costa Meow. Wili you please sign and return eno fa117- sa0e004 .eopy of the agreoseat to this office for our file, end a sscaei_1u117- asseated copy to the City Clark of Nsrport Beeeh'fo*'har t !his agreeaeat was approved at the City 0.6saeil ssetIA4 Of 8eptesher 17. 1974. vary, truly yours.. gnxm !.- Pzm&,L city Clark vptks Iona. cal Ingluearing Itoa Lasha! City Clark, Newport Beach ✓ 2 y��2.4�Fo i ! August 23, 1974 PUBLIC WORKS DEPARMNT Attention: Steve BucJ nam CITY CLERK 11 1/ fl "d "" Attached are the original and three copies of.the above agreement. Please forward them to the proper parties for ezacuticn, and have one copy returned to us for our files. This agreement was authorized by Fesolution No. 8330 dated August 12, 1974. Laura Laglos LL:swk enc. 0 TO: CITY CLERK FROM: Public Works Department 0 August 16, 1974 SUBJECT: IRVINE -DOVER IMPROVEMENTS (C -1539) COOPERATIVE AGREEMENT WITH ORANGE COUNTY FLOOD CONTROL Laura: Steve Bucknam Project Manager SB:hh Att. by the Attached are four (4) City Council on August 12, copies of the 1974. Please subject agreement approved have them executed and return them to us for forwa ding ding to._0s.ta_Mesa, and_Qrange County for �uti py wiTT for your records when fully'executed. Steve Bucknam Project Manager SB:hh Att. • RFSOLU'rION No. • A RESOLUIION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF �A COOPERATIVE FINANCING AGREEMENT BETWEEN THE CI'T'Y OF NEWPORT BEACH AND THE ORANGE COUNTY " 2 W4 FLOOD CONTROL DISTRICT AND THE CITY OF COSTA MESA FOR IRVINE AVENUE IMPROVEMENTS AT DOVER By Ae CITY COUNCIL DRIVE AND 19TH STREET ClTr OF oaee"Wwr 1wo'CH WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain cooperative financing agreement between the City of Newport Beach and the Orange County Flood Control District and the City of Costa Mesa for Irvine. Avenue Improvements at Dover Drive and 19th Street; and WHEREAS, the City Council has considered the terms and conditions of said cooperative financing agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said cooperative financing agreement above described -is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 12th day of August , 1974. Mayor ATTEST: City Clerk DDO/bc 8/7/74