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HomeMy WebLinkAboutC-973 - Signal lighting at Campus Drive & MacArthur Boulevard1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 0 41 AGREEMENT #1820 07207 - 099701 The City of Newport Beach, a body politic and municipal corporation of the State of California, hereinafter referred to as "CITY ", and the State of California, Department of Public Works, Division of Highways, hereinafter referred to as "STATE do enter into the following agreements WHEREAS, State and City contemplate installation of traffic control signal system and highway lighting at the inter- section of Campus Drive with State Highway Route 07- Ora -73 4.9 (MacArthur Boulevard), partially within the City of Newport Beach, .:and desire to specify the proportionate share of the costs that are to be borne by City and State and to arrange herein for i r . :maintenance; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION I For and in consideration of the covenants and conditions: to be kept and performed by City as set forth herein, State agreess (a) To furnish the traffic control signal system and I highway lighting hereinbefore mentioned, through construction by :.'contracts with construction contractors licensed by the State of California, said contract to be carried out in accordance with {.provisions of the State Contract Act, Chapter 3, Part 5, ,.Division 3, Title 2 of the Government Code, and to be completed in conformity with plans and specifications of the State of California, Department of Public Works, Division of Highways. i (b) To bear the entire expense of preparation of plans and specifications, and State's share of expense of the JI - 1 - • - 1 �I construction engineering co"s, including assessments for 2 indirect charges to be made at current rates, and construction 3 costs required to complete the traffic control signal system and 4 highway lighting referred to herein, such share to be a sum 5 bearing the same proportion to the total cost of installation of 6 ;I 7 the traffic control signal system and highway lighting as the 8 number of loge of highways under jurisdiction of State at the 9 intersection involved, bears to the total number of legs of 10 highways at such intersection. 11 (c) State will maintain and operate the entire traffic 12 control signal system and highway lighting as constructed. 13 SECTION II 14 For and in consideration of the covenants and conditions 15 to be kept and performed by State as set forth in this Agreement, 16 City agrees: 17 (a) To reimburse State promptly upon rendition of 18 statement therefor, City's share of expense of the oonstruction 19 engineering costa, including assessments for indirect charges to 20 be made at current rates, and construction costs required to 21 complete the traffic control signal system and highway lighting 22 referred to herein, such share to be a sum bearing the same 23 proportion to the total cost of installation of the traffic 24 control signal system and highway lighting as the number of legs 25 of highways under jurisdiction of City at the intersection 26 involved, bears to the total number of legs of highways at such 27 intersection. 28 It is estimated that City's share is 2,900. The 29 actual amount of City's share will be determined after award and 30 completion of the construction contract. 31 2 I 1 I 2 (b) To reimburse State for City's proportionate share of the cost of general maintenance and operation of said traffic 3 control signal system and highway lighting in the manner provided 4 in that agreement for maintenance of State highways in the City 5 which is in effect at the time said costs arise. 6 is 7 SECTIO1III 8 IT IS MUTUALLY UNDERSTOOD AND AGREED: 9 (a) That neither State nor any officer or employee 10 thereof shall be responsible for any damage or liability occurring 11 by reason of anything done or omitted to be done by City under 12 or in connection with any work, authority or jurisdiction dele- j 13 gated to City under this Agreement. It is also understood and i 14 agreed that, pursuant to Government Code Section 895,4, City shall 15 fully indemnify and hold State harmless from any liability imposed 16 for injury (as defined by Government Code Section 810.8) occurring 17 by reason of anything done or omitted to be done by City under 18 or in connection with any work, authority or jurisdiction 19 delegated to City under this Agreement. 20 (b) That neither City nor any officer or employee 21 thereof is responsible for any damage or liability occurring by 22 reason of anything done or omitted to be done by State under or 23 in connection with any work, authority or jurisdiction not dele- i 24 gated to City under this Agreement. It is also understood and 25 agreed that, pursuant to Government Code Section 895.4, State 26 shall fully indemnify and hold City harmless from any liability 27 imposed for injury (as defined by Government Code Section 810.8) 28 occurring by reason of anything done or omitted to be done by 29 State under or in connection with any work, authority or 30 jurisdiction not delegated to City under this Agreement. 31 —3— I 1 2 3 4 5 6 7 8 9 10 11 W4 13 14 15 16 17 "E.] 19 20 21 22 23 24 25 26 27 28 29 30 31 I I! IN WITNESS WHEREOP., the parties hereto have caused this Agreement to be executed by their respective officers, duly 1 authorized by the City, this (�l day of 19 LS , and by the State, this � day of 19 6.Sr - 4 - STATE OF CALIFORNIA Department of Public Works Division of Highways J. C. WOMACK State Highway Engineer D�1 y State—HIghwa7 Engineer CITY OF NEWPORT BEACH By May6r By City L er 0 9 Date October 5. 1965 TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. C -973 Authorized by Resolution No. 6164 ; adopted on June 14, 1965 Date Mayor and City Clerk executed Contract June 14, 1965 Effective date of Contract Executed by State on September 21, 1965 Contract with State Department of Public Works, Division of Highways Address District VII, P. 0. Box 2304 Los Angeles, 54, California Brief description of Contract Agreement #1620 - Signal and Lighting at Campus Drive & MacArthur Road Amount of Contract City's share - $2,900 City Clerk 2 A RNSOLUTION i Glii �.iiMIL i' ?a CITY' Of swim tMt "I ?EE xxxc€�` W A 3 C� vM y of + AUNQRM M 5 �; , A vritm met bas trees Prepared entitled 61 "AQWWW WWW #a tr ", la -Aich tiaa t oad the Stoats 7 Of '&its an parties, ProvUl" tow do Imatallwt:isa 44 a 8 txaffte eaMterol eltnel system and histmay 110ttag at tiee i aw- 9 section ea cow4 ns uriw W M state y Raonlia 07w tawn 4#0 10 O1eea'thm beauvx!') i a" 11 www"y the Omtraat pWsweides that the City sad Latta 12 v=14 shme ttee asst of Said SI&M i system a" kj&bwy Ug M ift 13 iarstallation as set fwtb tbustai and 14 w t t$e City commit has s+e"Awend tb* toee" of 15 said santxaet and deteraiged it to be to ties iatersets of the City 16 and the iges+r veaso s is be 1MIeaesavyy 17 XW* 'tYM, U iT SUIDURD that die City mil 18 WW*y ep"qW" "" sontreast wad do MO14W ad City Clout ate 19 hery,by *udm sued and directed to eaee+eto the saws w Uebalf of 20 do City of XepWt b"Ch* 21 i►t OrM d" 14th day of JuMre, 1963* -!st 23 24 j►1t8'js 25 26 CIO QxQft 27 28 29 30 31 32 2 3 —AO-.R slag HT #1620 4 5 The City of Newport Doomk# a body politic and xxftelp*l 6 GOWPON tion of the State of California, hereinafter reforr*d to 7 an MW the State of Colifornias Daj*rtmont or ftblic 8 !:!Works, Division of KISS says, hereinafter referred to as "STATRns do enter into the ronowim agroomenti 10 WMUMU# State and City contemplate installation of 11 traffic control signal system and highway 11&*tIng at the inter- 12 seetion of Campus Drive with state Highway Route 07-Ora-73 4.9 13 .(MacArthur Boulevard), partially within the City of'Nowport qeisah#i 14 and desire to specify the proportionate share of the *"to that 15 are to be borne by city aW State and to arrange herein for 16 maintenonesi 17 XMO TWEPOUs. W W AGRMW AS FOJAM$s 18 19 For and in consideration of the covenants and owWltioax� 20 to be kept and performed by City as not forth horsing State agrees 21 (a) To furnish the traffic control signal system and 22 highway lighting hor*10*fore mentioned# through construction by 23 contract* with construction contractors licensed by the State of 24 California, said contract to be carried out In accordance with 25 provialons of the state Contract Aot# Chapter 3,o Part 5# 26 !;Division 3# Title 9 of the Government Code, and to be completed 27 in conformity with plans and specifications of the State of 28 :California, Department or Public Workap Division of Highways. 29 (b) To bear the entire oxpons* of preparation of 30 plans and speolfiestions, and state,* share or expense of the 1 2 3 4 A 0 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 lie construction enginneliag, 000to, including easesamset" 9w Indirect charges to be sMM% at current rates, and softi*wstion costs required to ecsplet• the traffic aantrsl sigwtai syuteis OW highway lighting referred to horela, sash dMe to be tins jbearing the safe proportion to tiwe'tot*I cost or Installation or trite traffic control signal system a" hie"y lighting as the wmb*r of legs of highways under jurisdiction of state at the Intersection involved, Dears to the total awtber of .logs of ;highways at such intersection. (c) state will maintain and operate the am" traffio control signal system and highway lighting as eanatrueW. LMCXgD1 xx For and in consideration of the eoveaants and conditions to be kept and performed by state as not forth in this Agrooment, city agrees t (a) To reimburse state praeytiy upon rendition or statement therefor, City's share of expense of the construction engineering costs, including assessments for Inarect duaves to be made at current rates, and construction *"to required to ooaplete the traffic control signal system and highway lighting referred to herein, such she" to be a sum bearing the same proportion to the total cost of installation of the traffic !control signal system and hipway lighting as the aumber of logs of highways under jurisdiction of City at the intersoetion !involved, bears to the total number of legs of highways at such �interseation. It is estimated that City's shame is $20900, The ;actual awmnt or City's share will be determined after award and 30 completion of the construction contract, 31 Ij I I it I Q - 1 2 3 4 ri 7 8 9 10 11 12 13 14 15 Ev. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 • (b) To rolsburse i/ate for Cityss etas* she" of the seat or general maintenance am3 oyentim of 00% �Oraffis central 819061 system and highway Uotift is the scanner provided In that agreesMMnt for WmAstenanoe of Mate highaya in the City which is in effect at the Um said costs arise. IT 13 NUTUM I I STM kN D AQRMS (a) That neither state nor any oftitar or w*leyee 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 ration with mW work, authority or juriadietian dele- gated to City WA4W this Agreement. it is also understood cad Mrs" that, puromt to fowrument Code section 895040 city shall fully Sadawaify and hold state harmless from any liability imposed for injury (as defined by goverment Code section 810.0 occurring by reason of anything done or MItted to be done by City under or in connection with any works authority or jurisdiction delegated to City under this Agreement, (b) That neither city nor am officer or suployee thereof is respo"ible for any damage or liability occurring by reason of anything done or owitted to be done by State under or in cotwtection with Ony work, authority or jurlodietion not dale - got" to City under this Agrooaent, it is also understood and agreed that, Pursuant to 0overnsent Code section 895.40 state shall fully indsnnify and hold City harmless front sate liability iavosed for injury (as defined by Oovonvesnt code seetion blo'8) oecUrriag by reason of anything done or emitted to be done by State under or in commotion with any works authority or jurisdiction not delegated to City under this Agreement. _3. i' i 1 � 2 IN WITNESS WHERE0P*Ahe parties hereto have caused 3 ,;I this Agreement to be wwovt*d by their respective effleerat duly 4 authorised by the City„ this l day or , 5 I 19, and by the State, this day or , 6 i 19 7 i I 8 STATE OF CALIPONIA Department or Public Works 9 Division or Highways 10 11 J. C. WOMACK State Highway Engineer 12 13 By 14 j Deputy a Highway Engineer 15 16 CITY OF NEWPORT BEACH 17 -�/- 18 By Mayer f/ 19 20 By 21 I iiiy Gl r 22 ii 23 24 I 25 I' I 26 l 27 it 28 29 i 30 31 it I j, �I - 4 1 2 3 4 N 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 077 - 099701 AGRSBxBNT #1820 The City of Newport Beach, a body politic and wAndaipal corporation of the State of California, hereinafter referred to as "CITY ", and the State of California, Department of Public Works, Division of Highways, hereinafter referred to as "STATE", do enter into the following agreements WHMMAS, State and City contemplate installation of ,traffic control signal system and highway lighting at the inter- :;section of Campus Drive with State Highway Route 07- Ora -73 4.9 (MacArthur Boulevard), partially within the City of Newport Beach, hand desire to specify the proportionate share of the costs that ;are to be borne by City and State and to arrange herein for maintenance; NON, THEMORS& IT IS AGREED AS FOLLOWS; SECTION I For and in consideration of the covenants and condition to be kept and performed by City as set forth herein, State agrees j (a) To furnish the traffic control signal system and 1highway lighting hereinbefore mentioned, through construction by icontracts with construction contractors licensed by the State of California, said contract to be carried out in accordance with provisions of the State Contract Act, Chapter 3, Part 5, iDivision 3. Title 2 of the Government Code, and to be completed lin conformity with plans and specifications of the State of (California, Department of Public Works, Division of Highways. (b) To bear the entire expense of preparation of plans and specifications, and State's share of expense of the - 1 - .z:,. 1 G 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ku. 19 20 21 22 23 24 25 26 27 28 29 30 31 is construction engineering costs, eluding assessments for indirect charges to be made at current rates, and construction Icosts required to complete the traffic control signal system and 1highway lighting referred to herein, such share to be a sum Ibearing the same proportion to the total cast of installation of Ithe traffic control signal system and highway lighting as the inuaber of logo of highways undoW jurisdiction of State at the intersection involved, bears to the total number of legs of Ihighwaya at such intersection. (c) State will maintain and operate, the entire traffic :!control signal system and highway lighting as constructed. i� SECTION II For and in consideration of the covenants and conditions to be kept and performed by State as set forth in this Agreement, City agrees: (a) To reimburse State promptly upon rendition of statesient therefor, City's share of expense of the construction engineering costa, including assessments for indirect charges to be made at current rates, and construction costs required to complete the traffic control signal system and highway lighting referred to heroin, such share to be a suaa bearing the sane proportion to the total cost of installation of the traffic control signal system and highway lighting as the number of legs of highways under jurisdiction of City at the intersection involved, bears to the total number of legs of highways at such Intersection. It is estimated that City's share is $8,900. The actual amount of City's share will be determined after award and completion of the construction contract. _ 2 1 2 3 4 5 H 7 8 9 10 11 12 13 14 15 16 17 W-1 19 20 21 22 23 24 25 26 27 28 29 L 31 (b) To reimburse '8tate for City *e proportionate share of the cost of general maintenance and operation of said traffic control signal system and highway lighting in the manner provided in that agreement for maintenance of State highways in the City which is in effect at the time said costs arise. SECTION al (a) That 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 dele- gated to City under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, City shall fully indemnify and hold $tat* 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. (b) That 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 connection with any work, authority or jurisdiction not dele- gated 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 - ,c... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 IN WITNESS WHEREOP,the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized by the City, this day of , 19- and by the State, this day of , -a - STATE OF CALIFORNIA Department of Publis Works Division of Highways J. C. WOMACK State Highway Engineer By Deputy State Highway FRINeer CITY OF NEWPORT BEACH NERVE �.L..i By cla�rs June 21, 1965 Mr. A. W. Hoy Deputy District Engineer State Department of Public Works Division of Highways District VII, P. 0. Box 2304 Los Angeles, 54, California Re: T -2208 7- Ora -73 4.9/6.6 07207 - 099701 Our file Contract No. 973 Dear Mr. Hoy: In accordance with your letter of May 24, 1965, I an forwarding herewith the original and one copy of "Agreement #1820" and a certified copy of Resolution No. 6164, adopted by the City Council on June 14, authorizing the execution of subject contract. Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS /mjc Encl. T.. RAT! d CAUrOMNA- 4HOWAY H AOMY ...�. -�_. _ [DMUMD O. �WWN. Gw_�r ...: ORAQMlB OF PUKK woo DIVISION OF HIGHWAYS'- oaxKY rU, F. a so 204 WS AlpaMI st — May 24, 1965 7.ie -73 4.9/6.6. 07P O7 - 099701 geniamin Nolan, Ci$y Enginser - City of Newport Beach 3300 heat Newport. Boulevard =- Newport Beach, California Dear Mr. Nolan: _ Reference le ma& to proposed installation::. of traffic signals and highwal lightirg at the inter section of MacArthur Boulevard with Campus Drive. Attached are the onal and five copies of a City -State Partic_pa, A ement No. 1820 covering e6st3. When the agre>m is on belhalf or th itv olease gym �ig��� and o P copy: ss well as c r etified a FesaluLien b. City Ceuneil_duthcr:z tta� -- -t o'er -��- � will tranamit._them to-.our Hp Ls..�xPr.,rtpn on behalf.Qf the State .._ Please fully execute the original and first copy of this agreement. One.fully executed copy will be. -I returned later for your files. Very truly your&, A. W. HM Deputy District Bnginser By District Traffic Engineer JMV :IaLn Attachments (6) Ste- __ _ �� � T' •'���5;' --- - To From City Cleric CITY OF NEWPORT BEACH City Attorney CITY ATTORNEY DEPARTMENT June 2, 1965 Subject: Agreement #1820 with the State of California Transmitted are the following: - { i 1. The original and four copies of Agreement #1820 between the City and the State concerning the installation of a traffic control signal system and highway lighting at the intersection of Campus Drive and MacArthur Boulevard, which agreement has been approved as to form. 2. A resolution which, if adopted by the City Council, will authorize the execution of this agreement on behalf of the City. 3. A copy of transmittal letter dated May 24, 1965, to Benjamin Nolan, City Engineer, from A. W. Hoy, Deputy District Engineer of the Division of Highways, setting out the requirements of the State for execution and transmittal of the documents. Participation by the City in this project was approved by the City Council at their meeting on December 14, 1964. TITS : mec Encs. cc - City Manager Public Works Director Finance Director Tull i. Se ur City Attorney r.