HomeMy WebLinkAboutC-1752(D) - Arterial Highway Financing Program agreement, Jamboree wideningCITY OF NEWPORT BEACH
CALIFORNIA
City Nall
3300 W. Newport Blvd.
Area Code 714
DATE Anut 2. 1977
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1752
Description of Contract ANrp ProJaot._Ad>•iniatrativa Agreewmt
Authorized by Resolution No. 9Q79 adopted on 5 -9 -77
Effective date of Contract 5 -24 -77
Contract with Osage Connt7 Mnviromaatal Managfn mt Agency /DavalopWaot Div.
Address Y.O. 80= 1078., Santa Ana. CA, 92702
Amount of Contract S" Contract
City Clerk IQ
r
RECEIVED
MINUTES OF THE BOARD OF SUPERVISORS N Y z 7197T,
OF ORANGE COUNTY, CALIFORNIA A4. A.
May 24, 1977
IN RE: AHFP AGREEMENT - PROJECT No. 844 JAMBOREE ROAD
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 24,
1977 „ between the County of Orange and the City of Newport Beach for
Jamboree Road improvements between Ford Road and MacArthur Boulevard,
Project No. 844. `
IN RE: AGREEMENT JAMBOREE ROAD CITY OF NEWPORT BEACH
On motion of Supervisor Clark, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Agreement,
dated May 24, 1977, between the County of Orange and the City of Newport
Beach for the improvement of a portion of Jamboree Road between Ford Road
and MacArthur Boulevard, as recommended by the Director, Environmental
Management Agency, in his letter dated May 24, 1977.
®F1013 -2.3 (12/76)
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
CITY RETU RfV TO •
CITY CLE RK
CITY OF NE!'.!FO ^T BEACH
?and Ns;ar�, ^.r:T ,ra li_F�,inRD
NEWPORT PEACH, CALIF. 92663
COUNTY OF ORANGE
ARTERIAL HIGHWAY FINANCING PROGRAM
PROJECT ADMINISTRATION AGREEMENT
PROJECT #844 MEMORANDUM OF AGREEMENT entered into
Jamborees Road between this ,fe{ day of _ ,
Ford Road and MacArthur 19 -77 by y and between:'
Boulevard
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.
WITNESSETH:
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
Section 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 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, provid-
ed in the budget of the Special Road Improvement Fund for the Fiscal Year
1976 -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
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 Jamboree Road
6 between Ford Road and MacArthur Boulevard, 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 -
12 ments as required by the California Environmental Quality Act of 1970 by approving
13 an Environmental Impact Report for the Project, a copy of which is on file with
14 the County; 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 Quality 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_
1 sary for the Project shall be performed by the County. This shall. include pre -
2 liminary soils investigations, structure foundation investigations, recommenda-
3 tions for structural sections and compaction requirements, and quality control
4 of materials and construction.
5 6. The work shall be subject at all times to inspection by the author-
s ized representatives of both parties.
7 7. Funds to be used for the Project:
8 (a) The estimated cost of the Project covered by this agreement is:
9 DESIGN ENGINEERING: $ 38,000
RIGHT OF WAY ACQUISITION: -0-
10 CONSTRUCTION CONTRACT: 405,000
CONSTRUCTION ENGINEERING: 8,000
11
TOTAL: $451,000
12 (b) On the basis of the above estimate, this Project will be financed
13 as follows:
14 COUNTY FUNDS: $210,200
CITY FUNDS: 210,200
15 * Per Cooperative Agreement *COUNTY FUNDS: 28,000
No. D77 -015 * *CITY FUNDS: 2,600
16 ** Items not eligible for AHFP TOTAL: $451,000
17 Participation
18 (c) If upon completion of detailed design, it appears that the
19 Project estimate will exceed the original allocation by more than 15 %, the Con -
20 tracting Authority shall request the City Council and Board of'Supervisors for
21 additional funds. The City Council and the Board of Supervisors shall adopt
22 resolutions allocating the additional funds prior to advertising for bids.
23 The request for additional allocations shall follow the procedures as set
24 forth in the AHFP Procedure Manual.
25 (d) Final adjustments of Project costs will be made on the basis
26 of the County fifty percent (50 %), the City fifty percent (50 %) on eligible
27 items in the Contract.
28 (e) Final adjustments of project storm drain costs will be made on
-3-
1
2
3
4
5
6
7
8
10
11
12
13
14
15
16
17
18
19
20
21
I
22
23'
24
25
26
27
28
the basis of matching funds up to a maximum of fifty percent (50X) of the total
cost of eligible items; that is, County participation shall not exceed a maximum
of twenty -five percent (25X) 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, 1976 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 ment Code Section 810.8), occurring by reason of anything done or omitted to be
2 done by City under or in connection with any work, authority or jurisdiction del -
3 egated to City under this agreement.
4 2. That neither City nor any officer or employee thereof shall be re-
5 sponsible for any damage or liability occurring by reason of anything done or omit -
6 ted to be done by County under or in connection with any work, authority or juris-
7 diction not delegated to City under this agreement. It is also understood and
8 agreed that, pursuant, to Government Code Section 895.4, County shall fully indem-
9 nify, defend and hold City harmless from any liability imposed for injury (as de-
10 fined by Government Code Section 810.8), occurring by reason of anything done or
11 . omitted to be done by County under or in connection with any work, authority or
12 jurisdiction not delegated to City under this agreement.
13 IN WITNESS WHEREOF, City has caused this agreement to be executed by its
14 Mayor and attested by its Clerk, and County has caused this agreement to be executed
15
is
17
18
19
20
21
22
23
24
25
26
27
28
-5-
S
1
2
3
4
5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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: �_, 19 By
Mayor
ATTEST:
C
Clerk of the Council
Dated: --- 1�Zf�� ,�, 19 7 7_
ATTEST:
Qr)j JP -41-1 -,A- lt-j
JUNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
By
DENNIS D. O' IL
City Attorney
COUNTY OF ORANGE, a political subdivision
of the State of California
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By
KES:rm341a(7) -6- _1
S /11 /7-i=
i
C -1752
Original and two copies to John Wolter for transmittal to County along
with a certified copy of authorizing resolution. j
Ethel
' -tT
N. G. OSBORNE
DIRECTOR
C. R. NELSON
ASSISTANT DIRECTOR
DEVELOPMENT
UNTY OF
GA E
ENVIRONMENTAL MANAGEMENT AGENCY
DEVELOPMENT DIVISION
400 CIVIC CENTER DRIVE WEST
SANTA ANA, CA.
APR % 6 1977
Mr. Joseph Devlin, Director of Public Works
City, of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92660
SUBJECT: Agreement, AHFP No. 844 Jamboree Road
Dear Mr. Devlin:
0
TELEPHONE: 834 -2300
AREA CODE 714
MAILING ADDRESS
P.O. BOX 1078
SANTA ANA, CA. 92702
FILE AHFP No. 844
CITY ATT -Y
MAY - 91977
C11Y
NEFJPW, ^,H.
\.., C Li., . i
Attached are the original and three (3) copies of the following Arterial.
Highway Financing Program agreement:
AHFP No. 844, Jamboree Road between Ford Road and MacArthur Boulevard.
Please have the agreement executed on behalf of the City and return the
original and two (2) copies to this office for further processing, together
with a certified copy of the City Council Minutes.
A fully executed copy of the agreement will be mailed to you upon completion.
Very truly yours,
if
i
K. E. Smith, Chief
Cooperative Project
HEM:rm341b(1)
(�NEWPORT ECEIVED
Attachments 1. Agreement (4 copies) LIC WORKS
MAY C4 1977'
CITY OF
BEACH,CALIF.
i�
Y. ,,
By ii
RESOLUTION NO. 9 07 9
0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN ARTERIAL HIGHWAY FINANCING
PROGRAM (AHFP) PROJECT ADMINISTRATION AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND ORANGE
COUNTY FOR THE WIDENING OF JAMBOREE ROAD (CONTRACT
NO. 1752)
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain AHFP Project Administration
Agreement between the City of Newport Beach and Orange County
for the widening of Jamboree Road; 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 9th day of May , 1977.
Mayor
ATTEST:
City Clerk