HomeMy Public PortalAbout1968-04-25 Cooperative Agmt No 2176 Culvert on Brea Blvd - Calif StateSTATE OF CALI FOR01A— TRANSPORTATION AGENCY `
DEPARTMENT OF PUBLIC WORKS o G `` E,V
DIVISION OF HIGHWAYS. If`CC� -RY, p'FtCl/'
DISTRICT 7, P. O. BOX 2304, LOS ANGELES 90054 p 1
fipc� 11 C GIi
Mr: Hugh L.. Berry
Public Works Director
City of Fullerton .
303 W. Commonwealth Avenue
Fullerton, California
Dear Mr.., Berry.'
April 25,' 1968
07 -ORA- 57.24.4
07207 - 195901
Subject: City's Copy of Fully Executed
Agreement
RONALD REAGAN,
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Forwarded- ;are .the'City's copy and two conformed
copies of the fully-executed Cooperative Agreement N6.'-'2i76
between•:the ,State aridl'the'+City of Fullerton. The Agreement
covers liability assumed for any alleged changes in
drainage patterns resulting from the proposed construction
of a box ,culvert:on Brea Boulevard at "E1'Mirador Drive.
Very truly yours,
A: 'W. HOY
Deputy District Engineer
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By Cri�inal Si ncd by W. K. Hashimoto
W.. K. HASHIMOTO
Assistant District Engineer
Attach.
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07- ORA -57 24.4
At El Mirador Drive
07207 - 195901
AGREEMENT.NO. 2176
C.;O O P E R A T I V E A G R E E M E N.T
— — — — — — — — — — — — — —
THIS AGREEMENT, made and entered into
BY AND BETWEEN
STATE OF CALIFORNIA,
acting by and through its
Transportation Agency,
Department of Public Works,
Division of Highways
hereinafter referred to as
"STATE"
AND
CITY OF FULLERTON,
a body politic and a
municipal corporation of the
STATE OF CALIFORNIA
hereinafter referred to as
"CITY"
WITNESSETH:
WHEREAS, the existing culvert on Brea Boulevard,
Road 07 -ORA 57, at E1 Mirador Drive has not been adequate to take
the flow of storm water and has resulted.in frequent and periodic.
flooding of the highway right of way. of STATE and the adjacent
private properties; and
WHEREAS, CITY has requested STATE to increase the
capacity of a cross culvert .under Brea Boulevard, at El Mirador
Drive to reduce upstream ponding; and
WHEREAS, STATE is willing to construct an additional
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culvert hereinafter referred to as "Improvement ", to supplement
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.the.'-existing culvert and thereby furnish increased capacity to
pass storm water runoff across Brea Boulevard on the condition
that CITY insures that STATE will not be required to pay for any
damages caused by such increased water flow.
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NOW, THEREFORE, IT IS AGREED:
SECTION I
STATE AGREES:'
1. To prepare all plans and specifications required to
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construct Improvement.
2. To furnish or cause to be furnished all labor,
materials, tools and equipment necessary to construct Improvement
pursuant to the provisions of the State Contract Act, except as
otherwise provided herein.
3.! To assume all costs of.the construction of
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Improvement.,
SECTION II
CITY AGREES:]
To,hold STATE and its officers, agents and employees
harmless from any and all claims for damages downstream from
Brea Boulevard, alleged to have resulted from the increase in
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flow of drainage waters over and above the flow possible from the
previous existing drainage facilities in Brea Boulevard, due to
the construction of Improvement.
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SECTION III
IT IS .MUTUALLY UNDERSTOOD AND AGREED:
1. Neither STATE nor any officer or employee thereof
shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to
CITY under this Agreement. It is also understood and agreed that,
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pursuant to-Government Code Section 895.4, CITY shall fully
indemnify and hold STATE harmless from any liability imposed for
injury (as defined by Government Code Section 810.8) occurring by
reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to
CITY under this Agreement.
2. Neither CITY nor any officer or employee thereof,
is responsible for any damage or liability occurring by reason of
anything done or omitted to be done by STATE under or in connectic
with any work authority or jurisdiction not delegated to CITY
under this Agreement. It is also understood and agreed that,
pursuant to Government Code Section 895.4, STATE shall fully
indemnify and hold CITY harmless from any liability imposed for
injury (as defined by Government Code Section 810.8) occurring
by reason of, anything done or omitted to be done by STATE under
or in connection with any work, authority or jurisdiction not
delegated to CITY under this Agreement.
3.1 The obligations of both parties under this Agreement
are contingent upon the budgeting of the necessary -funds for the
project by the STATE.
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IM WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective officers, duly
authorized, by CITY this day of LL ,
196, and by STATE this �-_d y of ,
196 .
ATTEST: CITY OF FULLERTON
BY /j f
City Clerk / Mayor
Approved as to Fo
and Pro
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!✓ "FRu;E ^u A6 i0 F.G.R.M. @1 PROCEDURE
AT ]?4FY
OF PIMIC WORKS
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STATE OF CALIFORNIA
Transportation Agency
Department of Public Works
Division of Highways
J. A. LEGARRA
State Highway Engineer
BY 1
Depu—ty State Highway Engineer
January 8, 1968
RE: 07- ORA -57 24.4
At E1 Mirador Drive
07207 -- 195901
AGREEMENT NO. 2176
A. W. Hoy, Deputy District Engineer
Division of Highways, District VII
Post Office Box 2304
I Los Angeles, California 90054
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Attention: W. K. Hashimoto
Assistant Deputy Engineer
Gentlemen:
Enclosed is an original and duplicate original of
Agreement No. 2176 relative to the construction of
the Brea Boulevard culvert at E1 Mirador Drive
executed on behalf of the City by the Mayor and
City Clerk.
This agreement was approved by the City Council on
January 2, 1968, and two certified minute excerpts
of that action are also enclosed.
Upon execution by the State, please return the City's
copy to my office for filing.
Very truly yours,
Virginia
Fitzsimmons
City Clerk
AGREEMENT,
MOVED by
Councilman
Herbst,.seconded -and carried by
1- 2- 68.- DIVISION OF
unanimous
vote, that
the Agreement:with the State
V22 -394 HIGHWAYS
Division.
of Highways
for culvert construction on
CULVERT:
Brea. Boulevard
at E1
Mirador Drive be-APPROVED and
execution
on behalf
of the City, AUTHORI
•
CITY HALL • 303 WEST COMMO0A LTH AVENUE
City Administrator
City of Fullerton',
Re: Council Agenda
FULLERTON. CALIFORNIA
•
PH &.ERT 5 -7171
CITY OF FULLERTON
December 27, 1967
Subject: Culvert Construction, Brea
Blvd. at E1 Mirador
Water on -the westiside of Brea Boulevard at E1 Mirador Drive ponds
and cannot be drained olff adequately except by enlarging the culvert
on Brea Boulevard to the east side.
As Brea Boulevard is a State highway, they will enlarge the culvert
provided that we will accept the responsibility for the flow of
additional drainage water that goes through it (see agreement
attached). The drainage course is through a rather flat residential
area, eventually emptying into the Toussau Channel.
The added water the enlarged culvert will put into residential
streets will aggravate street conditions there, but will not exceed
our design criteria for ten year storm frequency. Eventually, we
will need to plan a storm drain in this area to alleviate the re-
occurring nuisance'to traffic circulation.
It is recommended that the attached agreement for the construction
of the Brea Boulevard culvert be approved and that the Mayor and
City Clerk be authorized to execute it on behalf of the City.
I& Berry
Public Works Director
HLB:hd
Appro ad or Ada:
Ci y ministrator I
ITEM NCY