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Home My WebLink AboutCOSTA MESA, CITY OF (17)AGREEMENT This Agreement is made and entered into this Aq day of 1981, by and between the City of Santa Ana, a municipal tion, herein referred to as "SANTA ANA", and the City of Costa Mesa, a municipal corporation, herein referred to as "COSTA MESA". WITNESSETH: WHEREAS, COSTA MESA plans to improve MacArthur Boulevard from approximately one thousand one hundred (1,100) feet west of Harbor Boulevard to the bridge approach over the Santa Ana River in conjunc- tion with Assessment District 80-01; and WHEREAS, the boundary line which separates said two cities lies parallel to and thirty (30) feet northerly of the centerline of MacArthur Bouelvard; and WHEREAS, COS' --CA MESA and SANTA ANA in an effort to coordinate the construction and provide for a smooth flow of traffic along the aforementioned Boulevard, have determined that it will be necessary and beneficial to both SANTA ANA and COSTA MESA to construct the portion of the street improvements including but not limited to drainage facilities necessitated by flood runoff from areas within the city of SANTA ANA. Said improvements shall hereafter be referred to as "PROJECT"; and WHEREAS, SANTA ANA and COSTA MESA desire to set forth their respective rights and obligations concerning PROJECT: NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS AGREED AS FOLLOWS: 1. COSTA MESA shall: a. Provide plans and cost estimates suitable for obtain- ing bids for the construction of the PROJECT at no cost to SANTA ANA. b. Provide contract administration and construction engineering for the PROJECT at no cost to SANTA ANA. C. Furnish SANTA ANA reproducible "as built" plans of the PROJECT at no cost to SANTA ANA. 2. SANTA ABTA shall: a. Review and if found acceptable approve the PROJECT plans. b. Be responsible for, and reimburse COSTA MESA for the actual PROJECT construction costs in the manner set forth in para- graph 3b. 3. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT: a. COSTA MESA shall furnish SANTA ANA a final PROJECT cost estimate based on actual bid prices. b. Payment by SANTA ANA to COSTA MESA estimated to be $13,947.00 broken down as follows: Item unit No. Quantity Price Bid Cost 16 Adjust sewer manhole to grade 2 ea. $ 210 $ 420 28 24" R.C.P. 4 L.F. 39 156 33 42" R.C.P. 113 L.F. 59 6,667 43 Manhole No. 4 1 ea. 2,600 2,600 48 Brick and mortar plug 1 ea. 100 100 49 C.S.P. inlet structure (type v) 2 ea. 1,000 2,000 50 24" C.S.P. 6 L.F. 34 204 76 Modify 8" water line 1 ea. 1,800 1,800 TOTAL $13,947 Payment shall be based on progress payments for PROJECT construction items made to the contractor and shall be made within thirty (30) days after receipt of an itemized statement and invoice from COSTA MESA. c. COSTA MESA, as Lead Agency, has completed the environmental assessments as required by the California Environmental Quality Act of 1970 by approving a Negative Declaration for the PRO- JECT and has filed the Notice of Determination with the Clerk of the Board of Supervisors of the County. d. During construction COSTA MESA 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 sub- ject at all times to inspection by the authorized representatives of both parties. SANTA ANA shall assign an individual who will be the contact for matters relating to the work in Santa Ana. e. Change orders will require written approval from SANTA ANA. In case of emergency, however, verbal approval by an -2- authorized representative of SANTA ANA shall be provided with written approval to follow. f. COSTA MESA shall file a Notice of Completion for the PROJECT after final acceptance of the work. g. COSTA MESA hereby agrees to protect, defend, indem- nify and hold SANTA ANA, its elective boards, officers, 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 COSTA MESA, in- cluding damages occasioned by or alledgedly occasioned by joint or contributory negligence or omission or affirmative acts in connection with supervision or direction of the work by SANTA ANA, its elective or appointed boards, officers, or employees. The provisions of the foregoing paragraph shall in no event apply to damages occasioned by the sole negligence of SANTA ANA, its elective boards, officers, agents, or employees. COSTA MESA further agrees to protect, defend, indemnify and hold SANTA ANA 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 result- ing therefrom, by an employee of COSTA MESA, COSTA MESA'S contractors, or others performing under this Agreement on behalf of COSTA MESA. h. SANTA ANA hereby agrees to protect, defend, indemnify and 'hold COSTA MESA, its elective boards, officers, agents and employ- ees 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 prop- erty including consequential damages of any nature resulting there- from, arising out of performance of this Agreement by or on behalf -3- of SANTA ANA, including damages occasioned by or allegedly occasioned by joint or contributory negligence or omission or affirmative acts in connection with supervisor or direction of the work by COSTA MESA, 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 COSTA MESA, its elective boards, officers, agents or employees. SANTA ANA further agrees to protect, defend, indemnify and hold COSTA MESA 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 result- ing therefrom, by any employee of SANTA ANA, SANTA ANA®S contractors, or others performing under this Agreement on behalf of SANTA ANA. IN WITNESS WHEREOF we have entered into this Agreement on the day and year first written above. ATTEST: rity Clerk — ) 1 1 -- of theA�Cityy 7o"' Costa Mesa APPROVED AS TO FORM: 11--,---.;, 21-14 41' I'll 11 /1 \ / -61 - , 4) City'Attorney of the City of Costa Mesa ATTEST: ty Clerk of the it �0` anta Ana t. APPROVED AS TO FORM: City Attor. y of city of Santa Ana CITY OF COSTA MESA Mayor CITY OF SANTA ANA Mayor -4- REQUEST FOR COUNCIL ACTION CITY COUNCL AGENDA DATE June 15, 1981 N CITY OF COSTA MESA RECOMMENDED ACTION �mim- 9. DA1"'E OF COUNCL AC'na'4/."'.4 -4 Ate aAA OF THE COUNCI Approval of agreement with the City of Costa Mesa for improvements in Santa Ana on MacArthur Boulevard. EXECu"rIVE SUMMARY Costa Mesa is improving a portion of MacArthur Boulevard east of the Santa Ana River. This agreement will reimburse them for work that must be done in Santa Ana to provide drainage. Funds for this work, estimated at $13,947, are available in account 209-536-911. MEMORANDUM To: _ Manager From: Director of Public Wor Subject: d AGREEMENT WITH CITY OF COSTA MESA Date -June 8,-- 1� 981 Approval of agreement with City of Costa Mesa for improvements in Santa Ana on MacArthur Boulevard. id am Costa Mesa is improving a portion of MacArthur Boulevard east of the Santa Ana River in conjunction with an assessment district. In order to provide proper drainage on MacArthur Boulevard it is necessary to construct certain drainage facilities in Santa Ana. It is to our advantage to include this work in their large project rather than undertake a small project of our own. The estimated cost of construction covered by this agreement is $13,947. FISCAL IMPACT Funds for this work are available in budget account 209-536-911. Samuel S. Johnson Director of Publ'ic Works SfA M_ S CI f OF Ell �i C, L CAUFORNIA 92626 1,-, 1�7 q9K11?-9q A FROM THE OFFICE OF THE CITY CLERK City Clerk Janice C. Guy City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Dear Ms. Guy: Enclosed is a fully executed copy of the agreement between the City of Santa Ana and the City of Costa Mesa, 'for reimbursement of expenditures in conjunction with the improvement of MacArthur Boule- vard. The subject agreement was approved at the Council meeting held on August 3, 1981. EPP:dc cc: Engineering Division Finance Department enclosure (1) Very truly yours, EILEEN P. PHINNEY City Clerk lu 77 FAIR DRIVE (714)a%-223 G .- Y OF SANTA AN/ :4 CLERK Of THE COUNCIL )0 CIVIC CENTER PLAZA * SANTA ANA • CALIFORNIA 92701 July 10, 1981 City Clerk's Office CITY OF COSTA MESA P.O. Box 1200 Costa Mesa, CA 92626 -RE: AGREEMENT FOR MACARTHUR BLVD. IMPROVEMENTS Enclosed herewith are two copies of the above -captioned agreement approved by the Santa Ana City Council on July 6, 1981. Please execute these copies on behalf of the City of Costa Mesa, retain one copy for your files, and return the other copy to my office for the City of Santa Ana's records. irck reTy, C ° e C. Guy of the Council Enclosure A