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HomeMy WebLinkAboutWESTMINSTER, CITY - 1972-01-25 . ...1. ® City of Huntington Beach ® F.O. BOX ISO CALIFORNIA 9264 ENGINEERING DEPARTMENT March 29, 1977 Honorable Mayor and Council Members City of Huntington Beach Attention: Floyd. G. Bel.sito City Administrator Subject: Agreement Regarding Intersection Improvements at Newland St. and Edinger Ave. Dear Council Members: The attached agreement between the City of Huntington Beach and the City of Westminster is necessary to finalize the A.H.F.P. Improvement Project at Newland Street and Edinger Avenue. Al- though an agreement between the cities existed for the first phase of construction, it was not sufficient to cover the second phase of construction. This agreement fulfills that requirement, and will permit the final billing to the project to be completed. The project completed the traffic signal work at the inter- section and modified the striping to channelize northbound traffic into the new section of Newland Street. The Huntington Beach share of costs , $2,048. 75, will be paid from Gas Tax Funds. I recommend that this agreement be approved, and forwarded to the City of Westminster for similar action. Very truly yours, I �Flart 4g e ��,� Director of Public Works HEH :BG:mc Encl. r f 4 / A G R E E M E N T This Agreement by and between the CITY OF WESTMNSTER, a Municipal Corporation of the State of California, hereinafter referred to as "Westminster," and the CITY OF HU::TI:7GTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "Huntington Beach," W I T N E S S E T H WHEREAS, the intersection of Edinger Avenue at Newland Street is on the boundary Nine of the cities of Westminster and Huntington Beach; and WHEREAS, Westminster and Huntington Beach entered into a cooperative agreement, dated January 25, 1972, to jointly share in the costs of a project for the widening of certain portions of Edinger Avenue and Newland Street, including the installation of a traffic signal at the intersection of Edinger Avenue and Newland Street; and WHEREAS, it was necessary to provide the improvements of Edinger Avenue and Newland Street into two separate construction phases due to the pending construction of the Knott Avenue Interceptor (Reach No. 2-3) of the Orange County Sanitation District within Newland Street. As a resn1t, installation of a traffic signal at Edinger Avenue and Nei-,land Street was constructed in a temporary configuration under the first Phase of construction and later modified to its ultimate configuration under the second phase of construction; and WHEREAS, the Agreement entered into betwe=r. Westminster and Huntington Beach, dated January 25, 1972, was inte.ndeu co include the traffic signal work performed under both phases of the construction of the improvements on Edinger Avenue and t,ewland Street, however, the breakdown of costs for the first phase of construction only v.as outlined in the said Agreement, and WHEREAS, subsequent meetings and conferences between the cities, through their staffs , resulted in a mutual understanding between the cities that the costs for modifying the traffic signal at Edinger Avenue and Newland Street, constructed under tho s-cor.d ohase of the work and the maintenance of said signal should he based on thF• a:,ount of work perfo.-med in each respective city limits,. HOW, THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as followst 1. The costs for the modification of the traffic signal at V inger Avenue and Newland Street under the second phase of construction shall be paid by the parties hereto in the following proportion based on the final report for the second phase 9 e of ^onstruction (AHFP 0708) ; Huntington Beach $2,048.75 Westminster 4,338.75 I 2. The costs for the maintenance of said signal shall be prorated between the cities based on the following percentages: Huntington Beach 40 percent Westminster 60 percent 3. Any controversy or claim arising out of or related to this Agreement or to the interpretation, breach or enforcement thereof shall be submitted to three (3) arbitrators, one being the Orange Road Commissioner, County of Orange, or an engineer r^ember of his staff, and the remaining two (2) to be chosen by the respective cities or by an engineer associated with the Public Works Department of a municipality. Any decision made by the majority of said arbitrators shall be final, binding, and cor. usive. 4. Each party hereto pledges its full 1� %th and credit to pass said necessary resolution and take proper ]egal steps to perform and to effect this Agreement. IN WITNESS WHEREOF, Westminster has caused its corporate name and seal to be hereunto affixed try its Mayor and attested by its City Clerk thereto authorized, and Huntington Beach hus caused '_ts corporate name and seal to be hereunto affixed 1,y its Mayor and attested by its City Clerk thereto authorized, the day, month and year appearing below. DATED: _� �, 1977 CITY OF WESTMINSTER, a Municipal Corporation By: U u Mayor ATTEST' DATED: � , 7971 cam, = % City Clerk CITY OF hUNT''NGTON BEACH, a Munici Corporation B.. Mayor ATTEST: DATED: _ , 1971b (✓ Cit C�erk APPROVED�A$ TO FO ,ollr�"CtO' P. 8©NSA ,.: W' City Attorn I j #0 City of Hunfin6a-ctonBeach . . . „. ,`• OFFICE OF THE CITY C.IrERt{ April 19, 1977 Katherine C. Harper, City Clerk City of Westminster 8200 Westminster Avenue Westminster, CA 92683 Dear Kay: The City Council of the City of Huntington Beach at its regular meeting held Monday, April. 18, 1.977 approved an agreement with your City relative to intersection improve- ments at Newland Street and Edinger Avenue. We are enclosing two original duly executed agreements, and would appreciate your returning one copy upon execution by your City. Sincerely yours, Alicia M. Wentworth City Clerk AMW•CB:wm encl. 2 a Q CIVIC CENTER 8200WESTMINSTER AVENUE WESTMINSTER,CALIFORNIA 92683 714 CODF 868-3311 April 28, 1977 Alicia M. Wentworth, City Clerk City of Huntington Beach P. O. Box 190 Huntington Beach, CA 92648 Dear Alicia: We are returning a copy of the agreement betvn;en the Cities of Huntington ;Beach and Westminster relative to the improve- ment of certain portions of Edinger and Newland, including the modification and maintenance of traffic signals at the inters _ction of Edinger Avenue and Newland Street., This agreement was approved by the Westminster City Council at its regular meeting of April 26, 1977. Sinceral,4 yours, CITY OF WESTMINSTER evil� a Katharine C. Harper, CMC City Clerk KCH:ih Enclosure