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HomeMy WebLinkAboutC-1083(F) - Improvement, 16th Street between Irvine Avenue & Dover Drivei Newport -Mesa Unified School District 1601 West 16th Street Newport Beach, California Attention: Dr. L. B. Newcomer Secretary to the Board of Education Gentlemen: March 30, 1967 Enclosed are two executed copies of an agreement between the City of Newport Beach and the Newport -Mesa Unified School District for the improvement of 16th Street between Irvine Avenue and Dover Drive. Said agreement was authorised by the City Council of the City of Newport Beach at its regular meeting held March 27, 1967 by the adoption of Resolution No. 6542. LL:dg Encl. (2) cc: Public Works Department Very truly yours, Laura Lagios City Clerk City of Newport Beach s 9 MARCH 27, (1967 TO: CITY COUNCIL d FROM: PUBLIC WORKS DIRECTOR SUBJECT: COOPERATIVE AGREEMENT WITH NEWPORT -MESA UNIFIED SCHOOL DISTRICT FOR THE IMPROVEMENT OF 16TH STREET FROM IRVINE AVENUE TO DOVER DRIVE RECOMMENDATION: ADOPT A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT WITH THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT FOR THE SUBJECT IMPROVEMENT. DISCUSSION: INCLUDED IN THE CURRENT BUDGET IS A PROJECT FOR THE WIDEN- ING AND REBUILDING OF 16TH STREET FROM IRVINE AVENUE TO DOVER DRIVE. THE SCHOOL DISTRICT HAS AGREED TO FINANCE THE CONSTRUCTION OF ONE TRAVEL LANE, A PARKING LANE, CURB, GUTTER AND SIDEWALK ADJACENT TO THEIR PROP- ERTY BETWEEN IRVINE AVENUE AND SEA GULL LANG. THE ESTIMATED COST OF THE PROJECT IS $100,000. THE ESTIMAT- ED COST TO THE SCHOOL DISTRICT IS $23,000. FINAL PLANS AND SPECIFICATIONS WILL BE SUBMITTED TO THE COUNCIL FOR CONSIDERATION IN THE NEAR FUTURE. OSEPH . DEVLIN UBLIC W S DIRECTOR HTC:JR W, CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT To: City Clerk From: City Attorney March 23, 1967 -r � t Subject: Resolution authorizing the execution of an agreement with Newport -Mesa Unified School District for the improvement of 16th Street between Irvine Avenue and Dover Drive. Transmitted is subject resolution for Council consideration at their meeting on March 27. Tully W Se ;J o r City Attorney THS:aem Atts. cc - City Manager Public Works Director PUBLIC PROS �1lCM 23, 1967 Y C ITY ATTORNEY ASST. PUBLIC WRIts DiR[CTft 4� t DOPERAT IVE AGMENIM Wn% $WfgL D 1111W ICT F R THE IHPRDYENEHT OF 16TH ow FROM IRVINE AVEHJE TO DOVER DRIVE TICE SUBJECT AOREEMENT NAS SEEN APPROVED BY THE SCHOOL DISTRICT. THE OIIOIMAL AND TWO COPIES ARE BEING TRANSMITTED BY COPY OF THIS MEMO TO THE CITY CLERIC. PLEASE PREPARE THE APPROPRIATE REIINLYTIOM FOR ACTION BY THE COUNCIL ON NARCN 27. v OEMJAIIN D. NOLAN ASST. PUBLIC WORK& DIRECTOR HTCINAJ C/r y eL4 cor/L 1 THS aem 3/7 67 (8) 1 AGREEMENT (Improvement T �tl t `treet Between 2 Irvine Avenue and Dover Drive) 3 4 THIS AGREEMENT is made and entered into this,? day 5 of n , 1967, by and between the CITY OF 6 NEWPORT BEACH, a municipal corporation, herein referred to as 7 "City ", and the NEWPORT -MESA UNIFIED SCHOOL DISTRICT, herein $ referred to as "District ". 9 RECITALS• 10 Because of the increasingly heavy volume of traffic on 11 16th Street between Dover Drive and Irvine Avenue, City and Distri t 12 contemplate doing certain improvement work on 16th Street between 13 Irvine Avenue and Dover Drive. 14 Pursuant to the provisions of Title 1, Division 7, 15 Chapter 5, Article 1 of the California Government Code, entitled 16 "Joint Powers Agreement ", District and City intend to jointly 17 exercise their authority to make such improvements and desire to 18 specify the proportionate shares of the costs of such improve - 19 ments that are to be borne by City and District. 20 AGREEMENT 21 For and in consideration of the covenants and conditions 22 hereinafter set forth the parties hereto do hereby agree as 23 follows: 24 1. City shall prepare detailed plans, specifications 25 and cost estimates for the project, which shall include street 26 widening, street reconstruction, curb, gutter and sidewalk con - 27 struction, and the construction of a storm drain system. 28 2. On completion of the plans, specifications and cost 29 estimates for the project, City shall transmit the same to 30 District for approval. After written approval by District has 31 been obtained, City shall proceed to award a contract for the 32 project pursuant to the public bid requirements of the Newport REF, 23,2 1 Beach City Charter. $ 3. District shall reimburse City within thirty (30) days 3 but not prior to July 1, 1967, after receipt of an itemized state - 4 ment setting forth District's share of the project construction 5 and engineering costs. Said share shall be computed on the fol- io lowing basis: 7 (a) For street improvement work, District will 8 reimburse City for the work done southerly of the centerline 9 of 16th Street adjacent to District's property as that prop - 10 erty existed at the time of the award of the construction con - 11 tract, except for the work done within the 12 foot strip 12 adjacent to said centerline. 13 (b) District's share of design, engineering and 14 inspection costs shall be based upon a percentage equivalent 15 to the ratio which District's share of the project construc- 16 tion costs bears to the total construction costs, and shall 17 include a charge not to exceed fifteen percent (15 %) to 18 cover City's overhead costs. 19 The estimated construction cost for the entire project 20I is $100,000, and the total cost to District is estimated at 21 $23,000. The actual amount of District's share shall be deter - 22 mined after completion of the work covered by the construction 23 contract. 24 4. It is mutually understood and agreed: 25 (a) That neither District nor any officer or 26 employee thereof shall be responsible for any damage or 27 liability occurring by reason of anything done or omitted to 28 be done by City in connection with any work, authority or 29 jurisdiction delegated to City under this agreement. 30 (b) Pursuant to Government Code Section 895.4, 31 City shall fully indemnify and hold District harmless from 32 any liability imposed for injury (as defined by Government REF. 23.3 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 32 E Code Section 810.8) occulting by reason of anything done or omitted to be done by 61ty in connection with any work, authority or jurisdiction delegated to City under this agreement. (c) 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 District in connection wit:: any work, authority, or jurisdiction not delegated to City under this agreement. (d) Pursuant to Government Code Section 895.4, District 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 District in connection with any work, authority or jurisdiction not delegated to City under this agreement. IN WITNESS RHEREOF, City and District have caused this agreement to be executed pursuant to authorization by their respec- tive governing bodies. Dated: APPROVED AS TO FORM: Tu ly . Se} r, City Attorney Dated: E. BY .. ............... ............. ..... -- Deputy REF. 23.4 CITY OF NEWPORT BEACH ( Mayorpro Tem Attest: �T.r i� 1. ;rte � ,. -• C1 t r er�c` -- CITY NEWPORT -MESA UNIFIED SCHOOL DISTRICT, l By ,,L,-' Newcomer Secretary to the Board of Education DISTRICT i 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 32 E Code Section 810.8) occulting by reason of anything done or omitted to be done by 61ty in connection with any work, authority or jurisdiction delegated to City under this agreement. (c) 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 District in connection wit:: any work, authority, or jurisdiction not delegated to City under this agreement. (d) Pursuant to Government Code Section 895.4, District 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 District in connection with any work, authority or jurisdiction not delegated to City under this agreement. IN WITNESS RHEREOF, City and District have caused this agreement to be executed pursuant to authorization by their respec- tive governing bodies. Dated: APPROVED AS TO FORM: Tu ly . Se} r, City Attorney Dated: E. BY .. ............... ............. ..... -- Deputy REF. 23.4 CITY OF NEWPORT BEACH ( Mayorpro Tem Attest: �T.r i� 1. ;rte � ,. -• C1 t r er�c` -- CITY NEWPORT -MESA UNIFIED SCHOOL DISTRICT, l By ,,L,-' Newcomer Secretary to the Board of Education DISTRICT