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Home My WebLink AboutC-2119(C) - Agreement to relocate Costa Mesa Sanitary District sewer in connection with Superior Avenue realignmentAnPPPMrMT THIS AGREEMENT, made and entered into this /Z 6�- day of %iL► 1983, by and between COSTA MESA SANITARY DISTRICT, formed under the Sanitary District Act of 1923, hereinafter called "DISTRICT," and CITY OF NEWPORT BEACH, a municipal corporation, hereinafter called "CITY ;" W I T N E S S E T H: WHEREAS, CITY proposes to improve and realign Superior Avenue between Coast Highway and 1,200 feet north of Coast Highway; and WHEREAS, DISTRICT owns and maintains a sewer line and appur- tenant facilities within the existing alignment of Superior Avenue; and WHEREAS, DISTRICT facilities in Superior Avenue serve pri- marily Newport Beach with only a lessor number of properties in Costa Mesa also being served; and WHEREAS, DISTRICT acknowledges responsibility to relocate sewer and appurtenant facilities as required by the proposed improvement and realignment of Superior Avenue; and WHEREAS, DISTRICT now desires to detach that area within the jurisdictional boundaries of CITY and shown on Exhibit "A" attached to this agreement; and WHEREAS, CITY concurs in the detachment of the territory shown on Exhibit A; and WHEREAS, DISTRICT agrees to enter into an agreement with CITY for accepting transmission of liquid waste from DISTRICT after detachment; and a WHEREAS, DISTRICT and CITY, in an effort to coordinate sewer facility relocation and roadway improvements, have determined that it will be to the mutual benefit of both DISTRICT and CITY to relo- cate the sewer facilities under the CITY contract, said sewer facil- ity relocation, as City of Newport Beach improvement plan drawing number R- 5469 -S shall hereinafter be referred to aS "PROJECT;" and WHEREAS, DISTRICT and CITY desire to set forth their respec- tive rights and obligations concerning PROJECT; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS AGREED AS FOLLOWS: 1. NEWPORT BEACH SHALL: a. Concur in and jointly support the detachment of that area shown on Exhibit A attached to this Agreement. b. Prepare or have prepared plans and cost estimates suitable for obtaining bids for construction of the PROJECT; and shall furnish DISTRICT with a list of bidders showing a final cost estimate based on actual bid prices prior to award of the construc- tion contract. C. Provide contract administration and construction engineering for the PROJECT. d. Furnish DISTRICT reproducible "as constructed" plans of the PROJECT; and file a Notice of Completion for the PROJECT after final acceptance of the work. 2. DISTRICT SHALL: a. Review and approve the PROJECT plans No. R- 5469 -S. b. Review and approve final estimated cost to DISTRICT prior to CITY award. - 2 - 9 • C. Reimburse CITY for design engineering, construction engineering, administration and actual PROJECT construction costs in the manner set forth herein. The preliminary estimate for total cost of the PROJECT is $68,000 including design and construction engineering and administration cost. 3. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT: a. Prior to execution of this Agreement CITY by resolu- tion shall concur in and support the detachment of area shown in Exhibit A. b. Payment of PROJECT cost by DISTRICT to CITY shall be based on progress payments for PROJECT construction items made to the contractor. Payment for design engineering, construction engineering and administration shall be ten percent (10 %) of the actual PROJECT construction items. Payment shall be made within thirty (30) days after receipt of an itemized statement. from CITY. C. During construction, CITY 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 specification and in accordance with DISTRICT sewer specifications. The work, however, shall be subject at all times to inspection by the authorized representative of both parties and DISTRICT representative shall have full right of inspection and final decision as it relates to DISTRICT facilities. d. Change orders will require prior written approval from DISTRICT. In case of emergency, however, verbal approval by an authorized representative of DISTRICT shall be provided with written approval to follow. - 3 - • 0 e. DISTRICT shall indemnify and hold harmless CITY and its officers and employees, from any damage or liability arising from any errors, omissions, or negligence in DISTRICT'S performance of this Agreement. f. CITY shall indemnify and hold harmless DISTRICT and its officers and employees, from any damage or liability arising from any errors, omissions, or negligence in CITY'S performance of this Agreement. g. DISTRICT shall make application to LAFCO for detach- ment of that area shown on Exhibit A and CITY shall by resolution concur in said application. h. DISTRICT and CITY agree that the effective date of this agreement shall be from and after the date CITY concurs by resolution in the detachment proceedings and in the terms and con- ditions of this Agreement. IN WITNESS WHEREOF we have entered into this Agreement on the day and year first written above. APPROVED AS TO FORM: C ty Attorney of the City of Newport Beach APPROVED AS TO FORM: CITY OF NEWPORT BEACH BY: Mayor City Clerk COSTA MESA SANITARY DISTRICT A 3.4 Attorney for Costa Mesa Sanitary District - 4 - n Secretary Y � s YYYY � J 7 „ \ � er /! 4 •�Y M � � � G -r °n� q. � Y � _ B� h �i uQ_ \mil /�. � � -.7 `�`_ hze • . y =�'. r N i Q Ih W u a � W Y � s YYYY � J 7 „ \ � er /! 4 •�Y M � � � G -r °n� q. � Y � _ B� h �i uQ_ \mil /�. � � -.7 `�`_ hze • . y =�'. r N i Q Ih W u BT Tig C1111 COUNCIL CITY OF NEWPORT BEACH April 11, 1983 APR 111983 CITY COUNCIL AGENDA ITEM NO. j at` R ) TO: CITY COUNCIL FROM: Public Works and Utilities Departments SUBJECT: SUPERIOR AVENUE REALIGNMENT (C -2119) AGREEMENT TO RELOCATE COSTA MESA SANITARY DISTRICT SEWER RECOMMENDATIONS: 1. Adopt a resolution concurring in and jointly supporting the Costa Mesa Sanitary District's application to the Local Agency Formation Commission for detachment of the area near the old County Triangle in West Newport Beach served by the District, but within the jurisdictional boundaries of the City of Newport Beach. 2. Authorize the Mayor and the City Clerk to execute the subject agreement with the Costa Mesa Sanitary District. DISCUSSION: The Costa Mesa Sanitary District (CMSD) currently provides sewer service to an area which includes the old County Triangle in West Newport Beach. Since the County Triangle was recently annexed into the City of Newport Beach, the CMSD desires to detach the area within the jurisdictional boundaries of the City as shown on Exhibit A attached. Detachment of the area shown on Exhibit A is consistent with the desire of the Local Agency Formation Commission (LAFCO) and the City to eliminate overlapping districts where possible. The detachment is also con- sistent with the City's policy to provide sewer service to residents of the City. City crews have inspected the facilities which will be dedicated to the City and found them acceptable. A portion of the area proposed for detachment (the County Triangle) receives water service from the Mesa Con- solidated Water District. Billings for sewer service in other areas of the City where water service is not supplied by the City, have been satisfactorily worked out, and the same arrangements for separate sewer service billings can be accomplished here. City staff therefore recommends that the City Council adopt a resolution concurring in and jointly supporting the CMSD application to detach the area shown in Exhibit A. The subject agreement provides for relocation of an 8 -inch CMSD sewer line in conjunction with the City's contract to realign Superior Avenue. Terms of the agreement are as follows: CITY shall: Concur in and jointly support application to detach the area shown in Exhibit A. April 11, 1983 Subject: Superior Avenue Realignment (C -2119) Agreement to Relocate Costa Mesa Sanitary District Sewer Page 2 2. Prepare plans and cost estimates for the sewer main relocation. 3. Provide contract administration for construction of the sewer main relocation. 4. Furnish District reproducible "as constructed" plans and file a notice of completion. CMSD shall: 1. Review and approve the plans. 2. Review and approve final estimated cost to CMSD. 3. Reimburse City for design engineering, construction engineer- ing, administration and actual construction cost for the sewer relocation, estimated to be $68,000 including engineer- ing and administration. The sewer main relocation provided for in this agreement is to be completed as part of the Superior Avenue realignment project. Construction is scheduled to begin in June 1983, with completion by December 1983. Benjamin B. Nolan Public Works Director JSW:jd Att. Joseph(T. Devlin Utilit s Director I o Q . o an � \ _ 40' W / i �i n ^�\ WIV rte' �• ' \\ \1.� \_ 111111 V / v, L 4 P,z �. 1 rR �. .. 6,•, a ft R 4 v� i r RESOLUTION NO. 83 -32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CONCURRING IN AND JOINTLY SUPPORTING THE COSTA MESA SANITARY DISTRICT'S APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) FOR DEVELOPMENT OF AN AREA NEAR THE OLD COUNTY TRIANGLE IN WEST NEWPORT BEACH (C -2119) WHEREAS, the Costa Mesa Sanitary District (CMSD) currently provides sewer service to an area which includes the old County Triangle in West Newport Beach, which area was recently annexed into the City of Newport Beach; and WHEREAS, the Costa Mesa Sanitary District desires to detach the area within the jurisdictional boundaries of the City of Newport Beach which area is shown on Exhibit "A" attached hereto; and WHEREAS, detachment of the area is consistent with the City of Newport Beach and Local Agency Formation Commission's desire to eliminate overlapping districts where possible, in connection with Contract No. C -2119 for Superior Avenue realignment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby concurs in and jointly supports Costa Mesa Sanitary District's application for detachment of the area described in Exhibit "A "; and BE IT FURTHER RESOLVED in connection with the above, the Mayor and City Clerk are hereby authorized to execute the referenced agreement with the Costa Mesa Sanitary District. ADOPTED this 11th day of April , 1983. E:vgA1 -jN tNtArt Mayor ATTEST: \,unr -dk f�KAersc, City Clerk 0 Uji I j. ;�e I$ I ie LA LA