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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