HomeMy WebLinkAboutC-1069 - Cooperative agreement, improvement of MacArthur Boulevard at Campus DriveSEPTEMBER 12, 1,966
TO: CITY COUNCIL
FROM: PUBLIC WORKS DIRECTOR
SUBJECT: COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE FOR THE IMPROVEMENT
OF MAC ARTHUR BOULEVARD AT CAMPUS DRIVE
RECOMMENDATION:
ADOPT A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE SUBJECT AGREEMENT.
DISCUSSION
J_ 1�
AS A PART OF A GENERAL UPGRADING OF THE DRAINAGE IN THE VICINITY OF
THE AIRPORT, THE COUNTY INSTALLED A STORM DRAIN AND CATCH BASINS AT THE INTER-
SECTION OF MACARTHUR BOULEVARD AT CAMPUS DRIVE.
IN ORDER TO COMPLETE THE DRAINAGE OF THE INTERSECTION, IT WAS
NECESSARY TO CONSTRUCT APPROXIMATELY 70 LINEAR FEET OF CURB AND GUTTER AND TO
PLACE APPROXIMATELY 1200 SQUARE YARDS OF ASPHALT PAVING. A PORTION OF THE
WORK WAS WITHIN THE CITY. THE WORK HAS BEEN COMPLETED.
THE CITY'S SHARE OF THE WORK, BASED ON THE WORK DONE WITHIN THE CITY
LIMITS,IS $500.00. THERE ARE SUFFfCIENT UNBUDGETED SECTION 186.1 GAS TAX FUNDS
AVAILABLE TO FINANCE THIS YORK. A BUDGET AMENDMENT OR 'T; ?; "S UTORW WAS APPROVED
AT THE AuGuST '22, i `Z,)6, M'E'W t 'Na, C {' . °'i E. 4 u',••;• 14ttN';; 1:..
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AGREEMENT
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THIS AGREEMENT, made and entered into this t9 z!�t day
of��,/ , 1966 BY AND BETWEEN
CITY OF NZWORT BEACH,
a municipal corporation herein-
after referred to as "City", and
COUNTY OF ORANGE,
a political subdivision of the
State of California, hereinafter
referred to as "County ".
WHEREAS, County is proposing to construct roadway improvements on
MacArthur Boulevard between Campus Drive and the San
Diego Freeway, hereinafter referred to as the "project ",
and
WHEREAS, portions of the proposed improvement are in the City of
Newport Beach, and
WHEREAS, County and City consider it in the beat interests of
economics and public safety to combine the improvement
their respective jurisdictions into one project, and
WHEREAS, County has offered to design, contract and inspect said
City portions of the Project.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
I. COUNTY SHALL:
A. Ae and is hereby designated as Project Engineer, Can
tracting and Construction Agent for the parties to d
and perform all things necessary in order to con-
struct the proposed improvement of MacArthur Boule-
vard between Campus Drive and the San Diego Freeway,
and to execute and deliver all documents required in
connection with the construction and completion of
said Project, including Certificate of Cost and Cer-
tificate of Completion of Project.
i
.... .1'.;, �_.t .•.�.f_. u...we��.yb_'+�Fnc�W .''P�G[u- ..�-•� '1� ..Y '41
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R. During the period of construction have jurisdiction
over the construction area including that portion of
the Project within City area..
II. CITY SMALL:
A. Approve the plans and specifications as they pertain
to construction and maintenance features for City
portions of Project.
B. At all times curing the progress of construction of
said Project have access to the work thereon for the
Purpose of inspection thereof, and should City deem
any remedial measures to be necessary, City shall
notify County thereof.
III. The total estimated cost for the City portion is pres-
ently $500.00, which aum includes an estimate of the
engineering and overhead for the City portion.
IV. City's share of the construction cost shall be determined
of the basis of the amount of work dome on said portion
of roadway lying within its boundaries, as these bound-
aries exist at the time of advertising the Project.
V. Upon completion of construction of said portion of pave -
ment, County shall submit lull, true and correct copies
of documents, certificates and itemized bills to said
City and City shall reimburse County within thirty (30)
days upon submission of such costs. Such bills shall be
based on the actual quantities of construction and the
unit prices bid for the contract, and shall also con-
tain a charge for engineering and inspection based on
the proportion of contract cost for the portion within
City to the total contract coat and the total engineer-
ing and inspection costs, plus a charge for overhead on
the engineering and inspection performed by County, and
exclusive of administrative overhead.
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KYa
VI. IT IS MUTUALLY UNDMSTOOD AND AGREED:
A. That neither County 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 under-
stood and agreed that, pursuant to Government Code
Section 895.40 City shall fully indemnify and
hold County 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 <--his agreement.
8. 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 County under or in connection with any
work, authority or jurisdiction not delegated to
City under this agreement. It is also understood
and agreed that, pursuant to Government Code Sec-
tion 895.4, County shall fully indemnify and
City harmless from any liability imposed for inju
(as defined by Government Code Section 8113.8)
occurring by reason of anything done or omitted to
he done by County under or in connection with any
work, authority or jurisdiction not delegated to
City under this agreement.
IN WITIMSS WEEREOP, City has caused this agreement
to be executed by its Mayor, and attested by its Clerk, and County
has caused tUlz agreement to be executer] by the Chairman of its
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Ell
Board of Supervisors and attested by its Clark, all thereunto duly
authorized by Resolution of the City Council And Minute Order of
the Board of Supervisors on the date written opposite their si$-
natures,
CITY OF NEWPORT BEACH,
a municipa".orpora on.
Dated: _ �` , 1966 By y�✓
j/ V 1-%yor
ATTEST:
Actins n city Clelry -- -- pi
APPROVED AS TO E :-1ml
=a W• � Mp� rTnT
J4y61 4 4y Yto�Y.Fy
COUNTY OF ORANGE
a political subdivision
of the State Of Califo .
Detect: ����E -1 � ��a 1966
ua rman, Board of S
ATTEST-'-
W, E, ST 3012N
County Clerk and ex-officio
Clerk `oofi/the Board of^ Supervisors
By_
. Deputy
4.
.
APPROVED AS TO FOM
ADRIAN WITER, COLT+= COMSEL
ORANGE COUN=, CALIFORNIA
0
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MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
October 18, 1966
M
IN RE: AGREEMENT IMPROVEMENT OF RED HILL AVENUE
IRVINE INDUSTRIAL COMPLEX
On motion ofSupervisor Featherly, duly seconded and unanimously
carried by Board members present, the Chairman Pro Tem and the Clerk are
authorized to sign the Agreement dated October 18, 1966, between the
County of Orange and Irvine Industrial Complex for the improvement of
Red Hill Avenue, between MacArthur Boulevard and the Santa Ana Freeway.
fl> IN RE: AGREEMENT ROAD IMPROVEMENTS ON MAC ARTHUR BOULEVARD
CITY OF NEWPORT BEACH
On motion of Supervisor Featherly, duly - seconded and unanimousl
carried by Board members present, the Chairman Pro Tem and the Clerk are
authorized to sign the Agreement dated September 28, 1966, between the
County of Orange and the City of Newport Beach for the construction of
road improvements on MacArthur Boulevard between Campus Drive and the
San Diego Freeway.
IN RE: CHANGE ORDER NO. 1 AND EXTENSION OF TIME AUTHORIZED
TRAFFIC SIGNAL AT EL TORO ROAD AND PASEO DE VALENCIA
SMITH ELECTRIC SUPPLY, CONTRACTOR
On motion of Supervisor Hirstein, duly seconded and unanimously
carried by Board members present, Change Order No. 1 to the Contract for
the construction of a Traffic Signal at the intersection of E1 Toro Road
and Paseo De Valencia, with Smith Electric Supply, Contractor, is approve
ad recommended by the Road Commissioner and County Surveyor.
A time extension of one (1) working day is granted.
IN RE: RIGHT OF ENTRY DAIRYLAND STORM CHANNEL SOUTHERN PACIFIC
COMPANY
On motion of Supervisor Hirstein, duly seconded and unanimously-
carried by Board members present, the Chairman Pro Tem and the Clerk are
authorized to sign the Right of Entry dated October 18,'1966, between the
Orange County Flood Control District and the Southern Pacific Company
in donnection with Dairyland Storm Channel.
no
J
A, S. KOCH
R0 COMMISSIONER AND COUNTY SURVEYOR
L. 'v C> F= SU MCC ON VILLE R. V. WISE
N r ASST, NO AD COMMISSIONER DEPUTY COUNTY SURVEYOR
OAND $URV EYDq
I
R. ]N S. VAILE W, L. AL EN
_ DIVISION ENGINEER - OPERATIONS REFUSE DISPOSAL ENGINEER
.AX NQE M. I. STORM DONIS BARRETT
DIVISION END IN EER - ENOINEERINO ADMINISTRATIVE SERVICES
OFFICER
TELEPHONE: 894 -3435
AREA CODE 714
ROAD DEPARTMENT
ENGINEERING BUILDING
400 WEST 8TH STREET
SANTA ANA, CALIFORNIA 92701
July 14, 1967
Re: Agreement - MacArthur
Blvd. �us Dr.
Mrs. Laura Lagios
City Clerk - & city y
City of Newport Beach 2; FGRJ of 6,
3300 West Newport Blvd.1� dF9�
Newport Beach, California
Dear Mrs, Lagios:
Reference is made to subject agreement and to your
letter of June 10, 1967.
As requested we are attaching one (1) copy of
the fully executed agreement along with a copy of our
letter dated October 21, 1966 transmitting said agree -
ment.to Mr. Devlin.
This agreement is apparently on file with your
Director of Public Works.
MS :WLH:mr
Atts.
Very truly yours,
A. S . KOCH
Road Commissioner
& County 'TSurveyor
By
Division Engineer - Engineering
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the LAmty 4f OxaW tvL-QviLl� fwc -I** at *wb food-
say LV=Wzt*ut,** with i:h* tost thereof to I* shared by the City
end 4" 4.m,nty Isk t �r4muw= sior vvr UVI"is; One
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AWPIla rhLs day ai 19660
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A G R E E M E N T
2
3
THIS AGREIMW3 made and entered into this 28 t day
4
of
� , �_ ^, a 1466 DX AND Wr*l 8ti1
5
CITY OF XXWPORT BEACH,
a municipal corporation herein-
6
after referred to as "City ", and
7
COUNTY OF tRMW
a political subdivision of the
8
State of California, hereinafter
referred to as "County".
9
WITNESSETH:
10
WHOWAS,
County is proposing to construct roadway improvements on
11
MacArthur Boulevard between Campus Drive and the San
12
Diego Freeway, hereinafter referred to as the "Project ",
13
and
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WHMIFAS,
portions of the proposed improvement are in the City of
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Newport Reecho and
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W*WMS,
County and City* consider it in the best interests of
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economics and public safety to combine the improvement is
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their respective jurisdictions into one project, and
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WHERUS.
County has offered to design, contract and inspect said
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City portions of the Project. .
21
NOW, TFUOXFORE, IT IS AGREED by the parties hereto as follows:
22
I.
COUNTY SHALL:
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A. Be and is hereby designated as Project Engineer, Con,
24
tracting and Construction Agent for the parties to di
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and perform all things necessary in order to con -
26
struct the proposed improvement of MacArthur Boule-
27
ward between Campus Drive and the San Diego Freeway,
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and to execute and deliver all documents required in
29
connection with the construction and completion of
30
said Project, including Certificate of Cost and Car-
. 31
tificate of Completion of Project,
32
1
1 h. During the psrW of construction have Jwisdiction
2 over the construction area including that portion of
3 the Project sx£thin City area.
4 Ii. CM SMALL:
5 A. Approve the 008 and specification$ as they portiin
6 to construction and maintenance features for City
7 portions of Project.
8 S. At all times during the progress of construction of
9 said Project have access to the work thereon_fw the
10 purpose of inspections thereof, and should City deem
11 any remedial measures to be nacessary, City shall
12 notify County thereof.
13 III. The total estimated cost for the City portion is press
14 ently $500.00, which sum includes an estimate of the
15 engineering and overhead for the City portion.
16 IV. City's share of the construction cost shall be determined
17 on the basis of the amount of work done an said portion
18 of roadway lying within its boundaries, as these bound-
19 arise exist at the time of advertising the Project.
20 V. Upon completion of, construction of said
portiaw of pava-
21 Menlo County shall submit full, true and correct copies
22 of documents, certificates and itemised. bills to said
23 City and City shall reimburse County within thirty (30)
24 days upon submission of such costs. Such bill* shall be
25 based on the actu*l quantities of construction and the
26 unit prices bid for the contract; and shall also con-
27 Cain a charge for engineering and inspection based on
28 the proportion of contract cost for the portion within
29 City to the total contract cost and the total engineer-
30 img and inspection costs, plus a charge for overhead are
31 the engineering and inspection performed by County, and
32 exclusive of administrative overhead.
2.
3.
1
pT. IT
IS MUTUALLY VNMSTOOD AND AGURD=
2
A.
that neit"r County nor any officer or employee
3
thereof shall be responsible for any damage or
4
liability occurring by reason of anything done or
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omitted to be done by City under or in connection
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with any work, authority or jurisdiction delegated
7
to City under this agreement. It is also under -
8
stood and agreed that, pursuant to Government Code
9
Section 893.4, City shall fully indemetify and
10
hold County harmless from any liability imposed
11
for injury (as defined by Government Code Section
12
810.8) occurring by reason of anything done or
13
omitted to be done by City under or in connection
14
with any work, authority or jurisdiction delegated
15
to City uwder.tas agreement.
16
B.
That neither City nor any officer our employee
17
thereof is responsible for any damage or liability
18
occurring by reason of anything hone or omitted to
19
be done by County under or in connection with any
20
work, authority or jurisdiction not delegated to
21
City under this agreement, it is also understood
22
and agreed that, pursuant to Government Code Sec -
23
tion 895.4, County shall fully indemnify and hold
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City harmless from any liability imposed for i.njur;
25
(as defined by Government Code Section 81{1.8)
26
occurring by reason of anything done or omitted to
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be done by County under or in connection with any
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work., authority or jurisdiction not delegated to
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City under this agreement.
30
IN WITNESS WHMt7F6 City has caused this agreement
31
to be executed
by its Mayor, and attested by its Clerk, and County
32
has caused this
agreement to be executed by the Chairman of its
3.
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Do*W of Supervisors and attesW bg its Clark, all tbnvneA duly
authorised by Resolution of City Council.MW Kinuth Ordot Of
the Board of Supervisors on the dare writtep opposite their sig-
natures.
Dated: cAC�v�T- � J, , 1966
8
AiTESTa
9
10 _" Acting ` city e r 2
11
12 APPROVED AS TO FM.
13 Y F. MgMUs ELEy Attorne p
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17 Dated: 1966
18
19 ATTEST:
W. E, ST JOHN
20 County C1erSs and ex- officio
21 Claris of the Board of Supervisors
22 BY
uty
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4.
CITY OF NRWFM WACH,
a n micipel7o p es�tion.
Mayor
COUNTY OF ORANGE
s olitical subdivision
of the State of California.
By
APPROVED AS TO FORM
ADILUN Kt37CPER, COUNTY COUNSEL
ORANCS COUNTY, CALIFORNIA
0
b
July 10, 1967
Honor-able Board of Supervisors
Orange County
515 North Sycamore
Santa Ana, California
k
Subject: COOPERATIVE AGPMNT (Contrect No. 1069)
Gentlemen:
On October 3, 1966, we mailed to you for execution by the County,
six oopies of a cooperative agreement between the City of Newport
Beach and the County of Orange for the improvement of MacArthur
Boulevard at Campus Drive. At that time we requested that a signed
copy be returned to this office. However, we have not received
an executed copy.
We would appreciate a signed copy being mailed to us so we can
kelp our, file up to date.
W-.Iih
Yours very truly,
Laura Lagios
City Clerk
City of Newport Beach
:.
1
s
4
Honorable Board of Supervisots,
Orange County
Court House
Santa Ana, California
Gentlemen:
October 3, 1966
Attached are six copies of a cooperative agreement with
the County of Orange for: the improvement of MacArthur
Boulevard at Campus Drive for execution by the County.
This agreement was authorised by the City Council by the
adoption of Resolution No. 6445 on September 26, 1966,
of which two certified copies are attached. Said agreement
has been executed by the Mayor and myself on September 28,
1966. On execution by the County please return a copy to
my office.
ih
Encic
Yours very truly,
Laura Lagios
Acting City Clerk
City of Newport Beach
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
September 22, 1966
To; City Clerk
From; City Attorney
Subject; Cooperative agreement with the County of Orange
for the improvement of MacArthur Blvd. at Campus Drive
Attached are the original and six copies of subject agreement.
The attached resolution, if adopted by the City Council, will
authorize its execution on behalf of the City Z/ .
X64 !.l.Y?.�_
Tull Se o r
City Attorney
THS;aem
Atts.
cc - City Manager
Public Works Director
Co
6 -L 6
F1,
0 •
SEPTEMBER 26, 1966
TO. CITY COUNCIL
FROM: PUBLIC WORKS DIRECTOR
SUBJECT- COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE FOR THE IMPROVEMENT'
OF MAcARTHUR BOULEVARD AT CAMPUS DRIVE
RECOMMENDATION:
ADOPT A RESOLUTION AUTHORIZING THE MAYOR AND ACTING CITY CLERK
TO EXECUTE THE SUBJECT AGREEMENT.
DISCUSSION:
j- 7
AS A PART OF A GENERAL UPGRADING OF THE DRAINAGE IN THE VICINITY OF
THE AIRPORT, THE COUNTY INSTALLED A STORM DRAIN AND CATCH BA51NS AT THE INTER-
SECTION OF MACARTHUR BOULEVARD AT CAMPUS DRIVE.
IN ORDER TO COMPLETE THE DRAINAGE OF THE INTERSECTION, IT WILL BE
NECESSARY TO CONSTRUCT APPROXIMATELY 70 LINEAR FEET OF CURB AND GUTTER AND
TO PLACE APPROXIMATELY 1,200 SQUARE YARDS OF ASPHALT PAVING. A PORTION OF
THE WORK WILL BE WITHIN THE CITY.
THE CITY'S SHARE OF THE WORK, BASED ON THE WORK DONE WITHIN THE CITY
LIMITS, WILL BE $500.00. THERE ARE SUFFICIENT UNBUDGETED SECTION 186.1 GAS
TAX FUNDS AVAILABLE TO FINANCE THIS WORK. A BUDGET AMENDMENT FOR THIS WORK WAS
APPROVED AT THE AUGUST 22, 1966, MEETING OF THE CITY COUNCIL.
1.
JdSEPH EVLIN
P BLIC WO S DIRECTOR
HTC -VR