HomeMy WebLinkAboutC-973 - Signal lighting at Campus Drive & MacArthur Boulevard1
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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
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. :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
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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.
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(b) To bear the entire expense of preparation of
plans and specifications, and State's share of expense of the
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construction engineering co"s, including assessments for
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indirect charges to be made at current rates, and construction
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costs required to complete the traffic control signal system and
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highway lighting referred to herein, such share to be a sum
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bearing the same proportion to the total cost of installation of
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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
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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.
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2 (b) To reimburse State for City's proportionate share
of the cost of general maintenance and operation of said traffic
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control signal system and highway lighting in the manner provided
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in that agreement for maintenance of State highways in the City
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which is in effect at the time said costs arise.
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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
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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-
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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.
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I! IN WITNESS WHEREOP., the parties hereto have caused
this Agreement to be executed by their respective officers, duly
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authorized by the City, this (�l day of
19 LS , and by the State, this � day of
19 6.Sr
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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 - $2,900
City Clerk
2 A RNSOLUTION i Glii �.iiMIL i' ?a CITY' Of
swim tMt "I ?EE xxxc€�` W A
3 C� vM y of + AUNQRM
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5 �; , A vritm met bas trees Prepared entitled
61 "AQWWW WWW #a tr ", la -Aich tiaa t oad the Stoats
7 Of '&its an parties, ProvUl" tow do Imatallwt:isa 44 a
8 txaffte eaMterol eltnel system and histmay 110ttag at tiee i aw-
9 section ea cow4 ns uriw W M state y Raonlia 07w tawn 4#0
10 O1eea'thm beauvx!') i a"
11 www"y the Omtraat pWsweides that the City sad Latta
12 v=14 shme ttee asst of Said SI&M i system a" kj&bwy Ug M ift
13 iarstallation as set fwtb tbustai and
14 w t t$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*
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—AO-.R slag HT #1620
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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
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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
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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
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in conformity with plans and specifications of the State of
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:California, Department or Public Workap Division of Highways.
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(b) To bear the entire oxpons* of preparation of
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plans and speolfiestions, and state,* share or expense of the
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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,
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(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.
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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 ,
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8 STATE OF CALIPONIA
Department or Public Works
9 Division or Highways
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11 J. C. WOMACK
State Highway Engineer
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13 By
14 j Deputy a Highway Engineer
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16 CITY OF NEWPORT BEACH
17 -�/-
18 By
Mayer f/
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iiiy Gl r
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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
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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.
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(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.
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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:
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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.