HomeMy WebLinkAboutC-1039 - Blanket cooperative agreement regarding work on State highways within the City" CITY IF NEWPORT BEACH
PUBLIC MORK```S��1 DEPARTMENT
3300 W. NEWPORT BOULEVARD
To: CITY CLERK
ATTENTION:
SUBJECT: IMPROVEMENTS MADE TO STATE HIGHWAYS WITHIN THE CITY OF NEWPORT BEACH
WE ARE TRANSMITTING THE FOLLOWING:
No. COPIES DESCRIPTION
I "BLANKET" COOPERATIVE AGREEMENT
07- ORA -0-NPT B.
REMARKS:
FOR YOUR RECORDS AND FILE.
Copies TO:
RECEC�R1( 9
C1T1; 1996 -
HUNTER T. COOK
PROJECT ENGINEER
z7
s .
STATE OF CALIFORNIA— HIGHWAY TRANSPORTATION AGENCY EDMUND G. BROWN, Governor
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
DISTRICT VII, P.O. BOX 4304, LOS ANGELES 90054
flay 10, 1966 07- 0ra- 0-NptB
"13lanket" Cooperative
fgreement
Mr. Benjamin Nolan
City Engineer
3300 W. Newport Blvd.
Nerrport Beach, California
Dear Sir:
Attached herewith you will find a fully executed
Cooperative =eement for the expenditure of Section
186.1 gas tax funds or matchinZ credit funds on State
highways within the jurisdiction of the City of Newport
leach .
Thi3 "blanket" Cooperative .Agreement, combined
with aDivision of Highways Encroachment permit issued
on or after May 9, 1966, will satisfy the statutory
requirement for a Cooperative Agreement included in
Section 186.4 of the Streets and Highways Code.
7ery truly yours,
A. C. BI NI$
Deputy District Engineer
BIT
A. A. SMITH
Assistant District Fmgineer
att.
`�&:
r .4F4! 6 (8) r
1 COOPERATIVE AGREEMENT FOR IMPROVEMENTS
MADE.TO.8TATE HIGHWAYS WITHIN THE CITY
$ OF NEWPORT BEACH
3
4 THIS AGREEMENT between the City of Newport Beach,
5 hereinafter referred to as "City ", and the State of California,
6 Department of Public Works, Division of Highways, hereinafter
7 referred to as "Department ", .
8 WITNESSETH:
9 WHEREAS, Streets and Highways Code Section 186.3 pro -
10 vides that funds allocated and apportioned pursuant to Section
11 186.1 shall be expended exclusively for acquisition of rights
12 of way and for construction of routes on the Select System; and
13 WHEREAS, Streets and Highways Code Section 186.5.pro-
14 vides that during each fiscal year for which apportionments are
15 expended pursuant to Section 186.3 of said Code, the recipient
16 of apportioned funds shall expend for construction and rights of
17 way on its Select System an additional amount, which additional
18 amount shall be derived from sources other than Federal highway
19 funds or the State Highway Users Tax Fund or the State Highway
20 Fund, the additional amounts required being referred to as
21 "matching funds "; and
22 WHEREAS, Streets and Highways Code Section 184.7 pro -
23 vides that the value of work performed, the value of right of
24 way, andthe funds expended on the Select System of a county or
25 city by public agencies other than counties and cities or by
persons, as defined in the Streets and.Highways Code, shall, to
the extent that the other criteria for matching funds pfesciibed
in Sections 186,5 and 186.8 of said Code are met, be deemed to be
expenditures made by the county or city; and
WHAS, Streets and Highways Code Seceer ft. pro-
vides that routes in the State highway system may be'' 'luded in'
Select Systems for the purpose of providing for contributions to
1" 1 a>
L
1
and processing of projects.pursuant to cooperative *.$T with
2
Department; and,
3
WHEREAS, State highways within the jurisdiction of 'City.
4
have been included in its Select System for the above purpose;
5
and
6
WHEEAS, City desires at its option'to use funds
'
7
apportioned to it.under Streets and Highways Code Section'.186.1
8
in financing eligible work.performed by „.it.on State Highways
9
within its jurisdiction under encroachment permits issued.by the
e,
10
Department or performed under other cooperative agreements with
11
the Department, and
12
WHEREAS, City desires also to receive matching credit
i
13
for eligible work performed..with eligible matching funds on the
14
State highways within its jurisdiction;
15
NOW, THMFORE, City;and the Department agree as
16
follows:
17
1. Improvements to State highways within the juris-
18
diction o£,City, which are under and by virtue of agreements
19
with, or encroachment permits issued by, Department and executed
20
or issued subsequent to the execution of this agreement shall
21
qualify to meet the requirements of Streetsand Highways Code
22
Section 186.3 for the expenditure of funds apportioned under
23
Section 186:1, or when financed with eligible matching funds shall
24
qualify to meet the matching obligations of City specified in
. 26
Streets and Highways Code Section 186.5, provided however, that '
26
(a) the improvement qualifies as construction or
27
right of way within the meaning of Streets and Highways
28
Code Sections 186;3 and 18644 and conforms to the engineer-
29
ing standards, or approved deviations therefrom, established
30
or approved pursuant to Section 186,.8 .Of said,, Code ;a
31
(b) the improvement will constitute a benefit to
32
traffic on the State highway; and
2.
<I
*for ,f �t q 4S
•
(c) City reports the expenditure to Department
and, when necessary, furnishes satisfactory plans, specifi-
cations, and estimate of cost of the improvement, on or
before the first day of October following the end of the
fiscal year during which City funds were expended or during
which the final cost of an improvement financed by others
was made available to City.
2. Where a project will constitute a benefit to traffic
on a State highway only i.n. part, only -that part of such project
will be considered to qualify as above.
3. Department shall-be the sole judge of whether the
improvement conforms to the standards or deviations therefrom
established or approved pursuant to Section 186.8, when plans,
specifications, and an estimate of cost are necessary, whether
said plans, specifications, and estimate of cost are satisfactory,
and whether and to what extent the improvement will const }tute a
benefit to traffic on the State highway.
IN WITNESS WHEREOF,. the parties hereto have executed
this agreement on the dates indicated.
Date. 1966
APPROVED AS TO FO
City At orney
Date; MAY 9 1966 1966
3.
TH
4/ 2/66 (12)
1 NKSOLV ICS No.
2 A R990i,13PT014 Or 'TU CITY COUNCIL OF TU CITY OF
3 T SUCH APPRWaM ARID AUTTHARiZM TUC
E;MCVTION OF A COOPIMATIVE AGREKMJW FCR
IrPUIOVE1`LEN S MADE TO STATE HIGHWAYS UITHIN THE
4� CITI
5i
6 WHERUS, s proposed agreement between the City and the
71 State Department of Public Works, Division of Highways, concerning
8 the expenditure of funds for improvements made by the City to
9 State highways has been presented to the City Council; and
10
WHEREAS, after consideration of said agreement, the
11 City Council has determined that its approval woule be in the
12 best interests of the City;
13 NOW, THEREFORE, BE IT RESOLVED that the City COURICil
14 hereby approves said contract and the Mayor and City Cleric are
15 hereby authorized and directed to execute the same as behalf of
16
the City of Newport Beach.
17 I
ADOPT'RD this 25th day of April
18I
19
20 mayor
2111 ATTB$T«
23 � er
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P
TO: Finance Director
FROM: City Clerk
SUBJECT: Contract
Contract No.
0
Date October 26, 1966
Authorized by Resolution No. 6343 , adopted on April 25, 1966
Date Mayor and City Clerk executed Contract April 29, 1966
Effective date of Contract May 9, 1966
Contract with State of California. Dept of Public Works, Div of Higtarays
Address P. 0. Box 2304
Los Angeles 54, California
Brief description of Contract Cooperative agreement for improvements made to
State Highways within the City of Newport Beach
Amount of Contract
City Clerk
May 3, 1966
State of California
Department of .Public Works
Division of Highways, District VII
P. O. Box 2304
Los Angeles 54. California
Attention: A. C. Birnie
Deputy District Engineer
Dear Sirs:
Attached are the original and two copies of the cooperative
agreement for improvements made to State highways within
the City of Newport Beach, which was approved by the
Council at its regular meeting held April 23, 1966 by the
adoption of Resolution No. 6343. Also attached are two
certified copies of said resolution.
Please return executed copy of subject agreement for our
file.
Yours very truly, .
MARGERYSCHROUDER
City Clerk
City of Newport Beach
0
APRIL 25, 1966
T.0._ CITY COUNCIL
FROM. PUBLIC WORKS DIRECTOR
SUBJECT. COOPERATIVE AGREEMENT FOR WORK ON STATE HIGHWAY
RECOMMENDATION.
ADOPT A RE SOL, UT ION AUTHORIZING THE MAYOR AND THE CITY CLERK
TO EXECUTE A BLANKET COOPERATIVE.'AGREEMENT FOR WORK ON STATE
HIGHWAYS.
DISCUSSION.
l0
A SEPARATE COOPERATIVE AGREEMENT HAS FORMERLY BEEN REQUIRED FOR EACH
JOINT PROJECT FOR IMPROVEMENTS ON STATE HIGHWAYS WITHIN THE CITY. THE- ADMINI-
STRATIVE BURDEN OF THIS POLICY HAS BEEN CONSIDERABLE FOR BOTH THE CITY AND THE
STATE. IN ORDER TO RELIEVE THIS ADMINISTRATIVE LOAD, THE STATE HAS REVISED ITS
POLICY REGARDING SEPARATE AGREEMENTS ON ALL COOPERATIVE PROJECTS. HENCEFORTH,
ONLY ONE BLANKET COOPERATIVE AGREEMENT WILL BE REQUIRED TO SATISFY STATE REQUIRE -
MENTS; FUTURE PROJECTS WILL NOT REQUIRE INDIVIDUAL AGREEMENTS._
pp�� THE NEW PROCEDURE WILL. APPLY TO PROJECTS FINANCED EITHER FROM SECTION
11)0.1 GAS TAX FUNDS OR FROM OTHER CITY FUNDS. THE AGREEMENT WILL AUTOMATICALLY
PROVIDE ELIGIBILITY FOR MATCHING CREDIT UNDER THE NEW GAS TAX REGULATIONS.
THIS PROPOSED CHANGE IN AGREEMENTS WILL NOT AFFECT THE PRESENT
BUDGETING PROCEDURE. PRIOR COUNCIL APPROVAL OF ALL BUDGETARY COMMITMENTS WILL
BE REQUIRED.
PPPSEPH T. DEI N
PEILIC O KS DIRECTOR
HTC.VR
0
Cr t 0
To: City Clerk
From: City Attorney
Subject: Cooperative agreement-for improvements made to
State highways within the City ,
Attached are the original and three copies of the subject
agreement, together with a resolution i&ich,*if adopt-'Od by
the City Council.'will approve the same and-anthotike its
execution. Also ltransmitted .is*` copy of a transmittal
letter from the Division'of Highways relating to.the agree...
ment and setting out.their requirements,4"Onnecti.on with
its execution,
The Public Works Director requested preparation of these
documents for Council consideration.
TRS:mec
Atts
cc - City Manager
Public Works Director
0
STATE OF CALIFORNIA — HIGHWAY TRANSPORTATION AGENCY EDMUND 0, BROWN, Governor
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS'
Wit! �
DISTRICT VII
P. 0. LOX 2504, LOS ANGELES 54
March 21, 1966
Manual Revision
TO: ALL HOLDERS OF CITY AND COUNTY PROJECTS MANUAL
SUBJECT: Revision of City and County Projects Manual
The enclosed manual revision, with accompanying Circular
Letter No. 65 -35 and Exhibit G (blanket Cooperative Agreement
for work on State Highways), provides the means of effecting
a Cooperative Agreement, when required, for expenditures on
State Highway projects or to obtain matching fund credits for
the value of improvements on State Highways by others.
The execution of this Agreement by the City and the
Department will cover all future State Highway improvements
and eliminates the necessity to obtain a Cooperative Agree-
ment for each individual project. we feel it is advisable
that your official body take the necessary action to approve
this blanket type of agreement as soon as possible.
Upon approval, please forward three signed copies of the
Agreement and two certified copies of the Resolution or
Minute Order authorizing the execution of the Agreement.
A completely executed copy of the Agreement will be re-
turned for your file.
Very truly yours,
A. C. BIRNIE
Deputy District Engineer
By
Assistant,District Engineer