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HomeMy WebLinkAboutC-1665(B) - Co-op financing for Superior Avenue widening, Placentia to Industrial Way! G CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 DATE .i..ee 990 1977 T0: FINANCE DIRECTOR FROM: City Clerk•, SUBJECT: Contract No. 1665 Description of Contract AMpproject /Superior Ave. Widening - Placentia to Iaduatrial Way Authorized by Resolution No. o06a adopted on _Ail 25, 1977 Effective date of Contract May 10, 1977 Contract with Aeaage'Cemty Address P_n_ noz 1078 _Santa ,Aka. CA 92702 Amount of Contract SBe Contract a City Clerk �. ., 0 ® OUNTY OF © ( "t I ) RANGE ENVIRONMENTAL MANAGEMENT AGENCY DEVELOPMENT DIVISION H. G. OSSORNE 400 CIVIC CENTER DRIVE WEST DIRECTOR SANTA ANA, CA. C. R. NELSON ASSISTANT DIRECTOR JUN 2 7 1977 DEVELOPMENT NT Mr, Joseph Devlin, Director of Public Works City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 0 SUBJECT: AHFP Agreement Nos, 816 and 867, Superior Avenue Dear Mr. Devlin: TELEPHONE' 834-2300 AREA CODE 714 MAILING ADDRESS P.O. BOX t078 SANTA ANA, CA. 92702 FILE AHFP Nos, 816 & 867 Transmitted herewith is one (1) fully executed copy of the above referenced AHFP Agreement between the City of Newport Beach and the County of Orange. Also attached is one (1) copy of Board of Supervisors Minute Order dated May 10, 1977 authorizing County's execution of the agreement. Very truly yours I� K. E. Smith, Chief Cooperative Projects HEM:rm34la(4) Attachments 1. Agreement 2. Minute Order 00 RECEIVED CITY CLERI( / JUN 23 1977s CITY OF E: >RCRT BEACH b CALIF. ' ;- Po NliNl MINUTES OF THE BOARD OF SUPERVISORS /1 OF ORANGE COUNTY, CALIFORNIA May 10, 1977 IN RE: AGREEMENT ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT NO. 773 VALENCIA DRIVE CITY OF FULLERTON On motion of Supervisor Clark, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Arterial Highway Financing Program Project Administration Agreement dated May 10, 1977, between the County of Orange and the City of Fullerton, providing for construction on Valencia Drive between Dale Street and Magnolia Avenue, Project No. 773, as recommended by the Director of the Environmental Management Agency in his letter dated May 10, 1977. IN RE: AGREEMENT ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT NOS. 816 AND 867 SUPERIOR AVENUE CITY OF NEWPORT BEACH On motion of Supervisor Clark, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Arterial Highway Financing Program Project Administration Agreement dated May 10, 1977, between the County of Orange and the City of Newport Beach, providing for construction on Superior Avenue between Dana Road and Industrial Way, Project Nos. 816 and 867, as recommended by the Director of the Environmental Management Agency in his letter dated May 10, 1977. a F1013 -2.3 (12/76) 1 2 3 4 5 6 7 8 9 101 it 12 13 14 15 16' 17 18 191 20 21 22 23 24 25 26 27 28 ,3j!" TO C,,, " °OST BrACII NEVvPO 'T SEACK C.11IF. 92553 COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT PROJECT Nos. 816 and 867 Superior Avenue between Dana Road and Industrial Way WITNESSETH: MEMORANDUM QF AGREEMENT entered into this 12_ day 19 �_ by y be and between: CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as the City, and COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as the County. WHEREAS, the Board of Supervisors by Resolution of May 31, 1956 adopted the Master Plan of Arterial. Highways to serve the entire County in- cluding the incorporated cities thereof; and WHEREAS, Articles 2 and 3 of Chapter 9, Division 2, commencing with Sectinn 1680 of the Streets and Highways Code authorize a county, if it so desires, to expend funds apportioned to it out of the California Highway Users Tax Funds for aid to cities and in the improvement, construction, or repair of streets within a city; and WHEREAS, the Orange County Board of Supervisors aad 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, provid- ed in the budget of the Special. Road Improvement Fund for the Fiscal Years 1975 -76 and 1.976 -77 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 `\ lb 1 resolution adopted the formal procedure for the administration of the Arterial 2 Highway Financing Program, as revised, which procedure is outlined in a docu- 3 ment on file with the County Clerk, formally known as the County of Orange 4 Arterial Highway Financing Program Procedure Manual.; and 5 WHEREAS, it is mutually agreed between the parties that Superior 6 Avenue between Dana Road and Industrial Way, a street .included in the Orange County 7 Master Plan of Arterial Highways, is a street of general County interest and should 8' be improved in accordance with the policies of the Arterial Highway Financing Program. 9 Said work of such improvement 'shall be referred to hereinafter as the Project; 10 and 11 WHEREAS, the City as Lead Agency, has completed the environmental assess - I 12 ments as required by the California Environmental Quality Act of 1970 by approving 13 a Negative Declaration for the Project, a copy of which is on file with the County; 14 and 15 WHEREAS, the City has filed the Notice of Determination with the Clerk 16 of the Board of Supervisors of the County; and 17 WHEREAS, no additional environmental documents are 'required for compliance 18 with the California Environmental..Qual.ity Act. 19 NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 20 1. The procedures outlined in the Arterial Highway Financing Program (AHFP) 21 Procedure Manual herein referred,to shall be made a part of this agreement. 22 2. The Contracting Authority for the Project is hereby designated as 23 the City. 24 3. The Project Engineer for the Project is hereby designated as 25 the City. 26 4. The Construction Engineer .for the Project is hereby designated as 27 the City. 28 5. All soils engineering and material and construction testing neces -2- i 11 2I 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 d rl sary for the Project shall be performed by the County. This shall include pre- liminary soils investigations, structure foundation investigations, recommenda- tions 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 author- ized 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: $ 9,640 RIGHT OF WAY ACQUISITION: 34,400 CONSTRUCTION CONTRACT: 209,970 CONSTRUCTION ENGINEERING: 3,21.0 TOTAL: $257,220 (b) On the basis of the above estimate, this Project will be financed as follows: COUNTY FUNDS: $1.28,610 CITY FUNDS: 128,61.0 TOTAL: $257,220 (c) If upon completion of detailed design, it appears that the Project estimate will exceed the original allocation by more than 15%, the Con- tracting 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 fifty percent (506), the City fifty percent (50%) on eligible items in the Contract. (e) Final adjustments of project storm drain costs will be made on I 1 2 3 4 5 6 7 81 9 10 11� 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the basis of matching funds up to a maximum of fifty percent (50t) 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 construc- tion. (f) It is the intent of the parties hereto to comply with all ap- plicable 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 funds, including complete refunds 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, 1975 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 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 re- sponsible 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 Govern- -4- 1' 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 ment 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 del- egated to City under this agreement. 2. That neither City nor any officer or employee thereof shall be re- sponsible for any damage or liability occurring by reason of anything done or omit- ted to be done by County under or in connection with any work, authority or juris- diction not delegated to City under this agreement. It is also understood and agreed that, pursuant, to Government Code Section 895.4, County shall fully indem- nify, defend and hold City harmless from any liability imposed for injury (as de- fined 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 -5- 11 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 28 0 0 by the Chairman of its Board of Supervisors and attested by its Clerk on the dates written opposite their signature, all thereunto duly authorized by the City Council and the Board of Supervisors, respectively. CITY OF NEWPORT BEACH a municipal corporation Dated: —� 1/ ��' 19 By � t Mayor ATTEST: A,,,-,, L�y Clerk of the Council Dated: 16 _, 19-2 r4,ti **196 JUNE ALEX�— Clerk of the Board of Supervisors . of Orange County, California AP PRO D AS TO FORM: E)6finis D. O'Lleil City Attorney KES:rm34la(7) COUNTY OF ORANGE, a political subdivision of the State of California APPROVED AS TO FORA: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By CQt -6- '- -I-gyp -17 • • RESOLUTION NO. 9 06 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AHFP PROJECT ADMINIS- TRATION AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE FOR THE WIDENING OF SUPERIOR AVENUE, PLACENTIA AVENUE TO INDUSTRIAL WAY WHEREAS, there has been presented to the City Council of the City of Newport Beach an AHFP Project Administration Agreement between the City of Newport Beach and the County of Orange in connection with the widening of Superior Avenue, Placentia Avenue to Industrial Way; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said 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 25th day of yor ATTEST: City Clerk it , 1977. DDO /bc 4/22/77