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Home My WebLink AboutC-1665(D) - Co-op financing agreementCITY OF NEWPORT BEACH CALIFORNIA DATE May 12, 1977 TO FINANCE DIRECTOR FROM: City Cleric SUBJECT: Contract No. 1665 City Fla❑ 3300 W. Newport Filvd. Area Code 714 Description of Contract Cooperative Agreement /Superior Ave. Improvemnt. Authorized by Resolution No. 9066 , adopted on April 25, 1977 Effective date of Contract _ May 2. 1977 Contract with City of Coeta Mesa _Coat& Mesa. CA 92627 Amount of Contract S&, Contr&ct F City Clerk lu • CITY OF COSTA MESA CALIFORNIA 92626 P.O. BOX 1200 FROM THE OFFICE OF THE CITY CLERK May 3, 1977 Ms. Doris George, City Clerk City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92663 Dear Ms. George: Enclosed is a fully executed copy of an agreement between the cities of Newport Beach and Costa Mesa for the improvement of Superior Avenue from Industrial Way to the south Costa Mesa City limits. This agreement was approved at the regular City Council meeting held on May 2, 1977. Very truly yours, U 44,— P EILEEN P. PHINNEY l City Clerk EPP:me enclosure (1) cc: City Engineer Finance C 'T ncnry • r AGREEMENT -D - I THIS AGREEMENT is made and entered into this � day of , 1977, by and between the City of Costa Mesa, a muni- cipal co oration, herein referred to as "COSTA MESA ", and the City of Newport Beach, a municipal corporation, herein referred to as "NEWPORT BEACH ". 7 L"I 114.1-fti:f WHEREAS, NEWPORT BEACH and COSTA MESA have separate AHFP projects to widen Superior Avenue, with the NEWPORT BEACH project (AHFP Nos. 816 and 867) extending from 15th Street to the City boundary with COSTA MESA, located approximately 180' south of the intersection with Industrial Way; and the COSTA MESA project (AHFP Nos. 923 and 924) extending from the afore- mentioned City Boundary to 17th Street; and WHEREAS, NEWPORT BEACH and COSTA MESA, in an effort to coordinate the construction and provide for a smooth flow of traffic across the afore- mentioned City boundary and intersection at Industrial Way, have determined that it will be-to the mutual benefit of both COSTA MESA and NEWPORT BEACH to construct a portion of the street improvements in COSTA MESA under the NEWPORT BEACH contract. Said improvements within COSTA MESA, as shown on the attached sketch marked Exhibit "B ", shall hereafter be referred to as PROJECT: and WHEREAS, COSTA MESA and NEWPORT BEACH desire to set forth their respective rights and obligations concerning PROJECT: FOLLOWS: NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS AGREED AS 1. NEWPORT BEACH SHALL: a. Provide plans and cost estimates suitable for obtaining bids for the construction of the PROJECT at no cost to COSTA MESA. b. Provide contract administration and construction engineering for the PROJECT at no cost to COSTA MESA. c. Furnish COSTA MESA reproducible "as constructed" plans of the PROJECT at no cost to COSTA MESA. d. Dedicate right of way required to construct ultimate improve- ments to the east side of Superior Avenue as shown on the attached right of way map marked Exhibit "A" at no cost to COSTA MESA. 2. COSTA MESA SHALL: a. Review and if found acceptable approve the PROJECT plans No. R- 5297 -S. r b. Be responsible for, and reimburse NE BEACH for the actual PROJECT construction costs in the manner set forth is paragraph 3b. I 3. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT: a. NEWPORT BEACH shall furnish COSTA MESA a final PROJECT cost estimate based on actual bid prices prior to award of contract b. Payment by COSTA MESA to NEWPORT BEACH, estimated to be a total of $33,000.00, shall be based on progress payments for PROJECT construc- tion items made to the contractor and shall be made within thirty days after receipt of an itemized statement from NEWPORT BEACH. c. NEWPORT BEACH, as Lead Agency, has completed the enviorn- mental assessments as required by the California Environmental Quality Act of 1970 by approving a Negative Declaration for the PROJECT and has filed the Notice of Determination with the Clerk of the Board.of Supervisors of the County. d. NEWPORT BEACH shall convey to COSTA MESA an easement for street and highway purposes as shown on the attached right of way map marked Exhibit "A" within 60 days after execution of this agreement. e. During construction NEWPORT BEACH shall assign a qualified inspector who shall be charged with overall contract administration and who shall assure that construction is accomplished in accordance with the plans and specifications. The work, however, shall be subject at all times to inspection by the authorized representatives of both parties. f. Change orders will require written approval from COSTA MESA. In case of emergency, however, verbal approval by an authorized representative of COSTA MESA shall be provided with written approval to follow. g. NEWPORT BEACH shall file a Notice of Completion for the PROJECT after final acceptance of the work. h. NEWPORT BEACH hereby agrees to protect, defend, indemnify and hold COSTA MESA, its elective boards, officers, agents and employees harmless from and against any and all attorney's fees, costs, expenses or damages of any nature, by reason of injury sustained by any person, including death at any time resulting therefrom, or by reason of loss of, loss of use of, injury to or destruction of property including consequential damages of any nature resulting therefrom, arising out of performance of this agreement by or on behalf of NEWPORT BEACH, including damages occasioned by or allegedly occasioned by joint or contributory negligence or omission or affirmative acts in connection with supervision or direction of the work by COSTA MESA, its elective or appointed boards, officers, agents or employees. -2- 0 0 The provisions of the foregoing paragraph shall in no event apply to damages occasioned by the sole negligence of COSTA MESA, its elective boards, officers, agents or employees. NEWPORT BEACH further agrees to protect, defend, indemnify and hold COSTA MESA free and harmless from and against any and all obligations and lia- bilities under any statutes, laws or regulations pertaining to provisions of a safe place for the employment of workers (Safe Place Statutes) or any similar statutes, laws or regulations with respect to injury sustained, including death at any time resulting therefrom, by any employee of NEWPORT BEACH, NEWPORT.BEACH's contractors, or others performing under this agreement on behalf of NEWPORT BEACH. i. COSTA MESA hereby agrees to protect, defend, indemnity and hold NEWPORT BEACH, its elective boards, officers, agents and employees harmless from and against any and all attorney's fees, costs, expenses or damages of any nature, by reason of injury sustained by any person, including death at any time resulting therefrom, or by reason of loss of, loss of use of, injury to or destruction of property including consequential damages of any nature re- sulting therefrom, arising out of performance of this agreement by or on behalf of COSTA MESA, including damages occasioned by or allegedly occasioned by joint or contributory negligence or omission or affirmative acts in connection with supervision or direction of the work by NEWPORT BEACH, its elective or appointed boards, officers, agents or employees. The provisions of the foregoing paragraph shall in no event apply to damages occasioned by the sole negligence of NEWPORT BEACH, its elective boards, officers, agents or employees. COSTA MESA further agrees to protect, defend, indemnify and hold NEWPORT BEACH free and harmless from and against any and all obligations and liabilities under any statutes, laws or regulations pertaining to provisions of a safe place for the employment of workers (Safe Place Statutes) or any similar statutes, laws or regulations with respect to injury sustained, including death at any time resulting therefrom, by any employee of COSTA MESA, COSTA MESA's contractors, or others performing under this agreement on behalf of COSTA MESA. IN WITNESS WHEREOF we have entered into this agreement on the day and year first above written. Beach CITY OF NEWPORT BEACH By l/ Mayor By Lt� ity C er J F 0 APPROVED AS TO FORM: Atto hey the Wjofy of Costa Mesa - 4 - 0 CITY OF COSTA MESA — Mk? r O By City Clerk Poa. ' NSO- 00'00 -W Nf/O 00 b0- E 'W a- BB'Pf•SS -^� J r- zxss' OETA /L "4 " y N � SEB OETA /L I � mx 1 rlo 1 1 �f-0CUP.L•OFLO� Ix• do's /9� 5TREET � w (VACATED PER � � 1 or 0 4� 4 . .4 1-07 13 3 � � c v se• NOT CITY OF NEWPORT BEACH STREET F.45EMEA/r SUPER /OR AVENUE AT ivousrRiac. `V.4Y DRAWN DATE 91/177 APPROVED /i( ASST, PUBLIC WORKS DIRECTOR R.E. NO. IZA26 DRAWING NO. 1 SN2� 4 P\e yi t27+s��b.l_.• i I I o � CL . t I jJ � I\ - I t: y�sl., • WA � vl" n ac 1 Q. c SCALE i ` -� GOB U 6 V 40 40 le mmmpmft CET y BomtiiOARY K ( a V W � Z Varies ZSt426 Alaw Awem yr f E SI�<WII1C NzW 4idL wok °s, e.rb �AVE MFNTI I �. _ TYPIcAI, SECrloN I v,a'y z'oo I CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Plqo rEC T L 1A4 1 S DRAWN _Y % DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO_ �9" RESOLUTION NO. 9 06 6 E A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF COSTA MESA FOR IMPROVEMENT OF A PORTION OF SUPERIOR AVENUE WITHIN THE CITY OF COSTA MESA WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Cooperative Agreement between the City of Newport Beach and the City of Costa Mesa for improvement of a portion of Superior Avenue within the City of Costa Mesa; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Cooperative 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. ATTEST: II City Clerk ADOPTED this 25th day of April , 1977. DDO /bc 4/21/77