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HomeMy WebLinkAboutC-1600(E) - Financing agreement (Arterial Highway Financing Program)Ul TO: FINANCE DIRECTOR FROM: City Cleric SUBJECT: Contract No. C -1600 i CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE September 23, 1974 Description of Contract Cooperative Financing Agreement with the City of Orange for the Widening of Ford Road Authorized by Resolution No. 8329 from Jame pt ea oo Mac tit r Boulevard Effective date of Contract September 10, 1974 Contract with County of Orange Address 400 Civic Center West Santa Ana Amount of Contract see contract > ty tie c I n, 4! 5i 61 7! 8 9 I0 i 1i I Ili 1311 14 ib 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 .® Ah 4" RETURN Toy ,CILMIn OF ORANGE .w LAURA LAGIOS, CITY CLERK AR'i r RIA], HIGHWAY FINANCIN- PRO G i :4 CITY OF NEWPORT BEACH PF.COECT AE1111,iSTRATION yGPEFT N 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIF .92660 P:r.d i,u,.:.] i7: ©:n Jamboree arnboree T4ou1(,% :Lrd L.o ?MacArthur Boulevard WITNrE SETH, M j10; MT.M C::' 1GRR''rl�U:T1Tenenteered_ into this clay Of b�a bet Teen: � lA!� — 19 CITY OF_N j per P %ach a municipal corporation, hereinafter referred to as the City; and COUNTY OF ORANGE, a political subdivision of the State of Cali arnia, hereinafter .° °rr ^i to as the County. WHEREAS, the Board of Supervisors by Resolution of May 31, 1956 adopted the Master ?lan of Arterial Highways to serve the entire Coxity including the incorporated cities t' ere;Sf, and W[FREAS, Article 2 and 3 of Chapter 9, Division 2, commencing with Section 1680 of the Streets and Highways Code authorize a county, if it so desires, Lo expend funds apportioned to it out of the California Highway Users Tax rural for aid to cities and in the improvement, construction, or repair of streets within a'city, and WHEREAS, the Orange County Board of Supervisors and the Orange County Division of the League of California Cities have agreed upon a cooperative financial program for the establishment, construction, and maintenance of a County Arterial. Highway System known as the Arterial Highway Financing Program, and WHEREAS, the Board of Supervisors has, by appropriate action, provided in the budget of the Special Road Improvement Fund for the Fiscal Year 1974_75 funds for the improvement of streets within the incorporated cities of the County, which streets are a part of the County's Master Plan of Arterial Highways, and WHEREAS, the Board of Supervisors on November 5, 1958 has by formal resolution adopted the formal procedure for the administration of the Arterial Highway Financing Program, as revised, which procedure is outlined in a document on file with the County Clerk, formally known as the County of Orange Arterial Highway Financing Program Procedure Manual, and WHEREAS, it is mutually agreed between the parties that _Fnrri RnaA between Jamboree Boulevard and MacArthur Boulevard -1- r ! E a street included in the Orange County Master Plan of Arterial Highways, is a street of general County interest and should be improved in accordance with the policies of the Arterial Highway Financing Program. Said work of such improvement shall be referred to hereinafter as the Project, NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 1. 'The procedures outlined in the Arterial Highway Financing Program Procedure Manual herein referred to shall be made a part of this agreement. 2. The Contracting Authority for the Project is hereby designated as City 3. The Project Engineer for the Project is hereby designated as C;ry 4. The Construction Engineer for the Project is. hereby designated as City. 5. All soils engineering and material and construction testing necessary for the Project shall be performed by the County. This shall include preliminary soils investigations, structure foundation investigations, recommendations for structural sections and compaction requirements, and quality control of materials and construction. 6. The work shall be subject at all times.to inspection by the authorized representatives of both parties. 7. Funds to be used for the' Project: (a) The estimated cost of the Project covered by this agreement is: DESIGN ENGINEERING: $ 32,000 RIGHT OF WAY ACQUISITION: 371,01000 CONSTRUCTION CONTRACT: CONSTRUCTION ENGINEERING: 24a;�88 TOTAL: $280,700 (b) On the basis of the above estimate, this .Project will be financed as follows: COUNTY FUNDS: CITY FUNDS: TOTAL: $138,600 138,600 -2: *See Paragraph (e) - Non - participating storm drain construction (c) If upon completion of detailed design., it appears that the project estimate will exceed the original allocation by more than 15 %, the Contracting Authority shall request the City Council and Board of Supervisors for additional funds. The City Council and the Board of Supervisors shall adopt resolutions allocating the additional funds prior to advertising for bids. The request for additional allocations shall follow the procedures as set forth in the AHFP Procedure Manual. (d) Final adjustments of Project costs will be made on the basis of the County 5_ percent, the City 5— percent on eligible Items in the Contract. (e) Final adjustments of project storm drain costs will be made on the basis of matching funds up to a ma:cimum of fifty percent (50%) of the total cost of eligible items; that is,, County participation shall not exceed a maximum of twenty -five percent (25%) of the total cost of eligible storm drain construction. (f) It is the intent of the parties hereto to comply with all applicable rules regarding the expenditure of State Gas Tax Funds. Eligibility of any storm drain item will be subject to final audit and determination by the State Controller's Office. Any future adjustment required by.said Controller's Office shall be made by the City with City Hinds, including complete refund to the County of any County gas tax.funds declared by the Controller to have been expended on ineligible construction. (g) Any funds spent prior to March 1, 1974 shall not be considered in the final accounting of this Project. 8. After completion of construction, the party having responsibility for maintenance of the Project shall maintain the roadway structures and facilities in the safe and usable condition to which they have been improved or constructed under this Project. 9. County -wide extension of Arterial System: To promote uniformity of County Arterial Highway System with City -3- I. ii Master Plan of Major Streets, both parties agree to continue the promulgation of the AHFP as outlined in the aforementioned Procedure Manual. IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. 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 understood and agreed that, pursuant to Government Code Section 895.4, City- .shall fully indemnify, defend 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 this agreement. 2. That neither City nor any officer or employee thereof shall be respon- sible for any damage or liability occurring.by reason of anything done or emitted 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 Section 895.4, County shall fully indemnify, defend 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 County under or in connection with any work, authority or jurisdiction not delegated to City under this agreement. IN WITNESS WHEREOF, City has caused this agreement to be executed by its Mayor and attested by its Clerk, and County has caused this agreement to be executed -4- s by the Chairman of its Board of Supervisor's and attested by its Clerk on the dates written opposite their signatures, all thereunto duly authorized by the City Council and the Board of S pectively. C'� P �q4/FORN\ Dated: August 14 , 1974 x ATTEST: Clerk of the Council Dated C-) , 19 ATTEST: W. E. S'riJOHN County _Clerk and ex- offic {o Clerk -of the Board of Supervisors CITY OF NEWPORT BEACH a municipal corporation By.'� Iftyor APPROVED``A'S TA FORM Date: IT. �IT'Y ATTO Y coum OF ORANGE, a political subdivision of the Stat of California By Cha rman, Boar of Supery so APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL —5— s TO: CITY CLERK FROM: Public Works Department SUBJECT: FORD ROAD WIDENING (C -1600) Laura: 1] September 17, 1974 Attached is a fully executed copy of the Administration Agreement (AHFP No. 745) with the County of Orange for the subject project. Also attached is a copy of the Board of Supervisors Minute Order authorizing the County's execution. Iteve B cc Project Manager SB:hh Att. r d TO: CITY CLERK FROM: Public Works Department SUBJECT: FORD ROAD WIDENING (C -1600) Laura: 1] September 17, 1974 Attached is a fully executed copy of the Administration Agreement (AHFP No. 745) with the County of Orange for the subject project. Also attached is a copy of the Board of Supervisors Minute Order authorizing the County's execution. Iteve B cc Project Manager SB:hh Att. 0 0 August 15 , 1974 PUBLIC WORKS 1EPARIMM Attention: Steve Bucknam oil •w • Attached are seven copies of the above agreement with Orange County. Please transmit to the proper parties for execution, and have " fully executed copy returned to our office for filing. This agreement was authorized by the City Caaicil on August 12 by the adoption of Resoluticm No. 8329. a* am. RESOLUTION NO. 8329 • AUG I z 1974 A RESOLUTION OF THE CITY COUNCIL OF THE CITY By the CITY COUNCIL OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF CITY pF 11 W"."T IMAC COOPERATIVE FINANCING AGREEMENT BETWEEN THE OITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE IN CONNECTION WITH THE WIDENING OF FORD ROAD FROM JAMBOREE ROAD TO MACARTHUR BOULEVARD WHEREAS, there has been presented to the City Council of the City of Newport Beach a certiin cooperative financing agreement between the City of Newport Beach and the County of Orange in connection with the widening of Ford Road from Jamboree Road to MacArthur Boulevard; and WHEREAS, the City Council has considered the terms and conditions of said cooperative financing agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said cooperative financing agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 12th day of August , 1974. ATTEST: City Clerk Mayor DDO/bc 8/7/74