HomeMy WebLinkAboutC-1882(D) - Arterial Highway Financing Program Project Administration AgreementCITY OF NEWPORT BEACH
u i CALIFORNIA
City Hall
1�tFOgN�
3700 W. Newport Blvd.
Area Code T 14
DATE May 25, 1979
TO: FINANCE DIRECTOR
FROM: City Cleric
SUBJECT: Contract No. 1882
Description of Contract Ford Rd./MacArthur Blvd. intersection modification
Authorized by Resolution No. /'�J , adopted on 23rd of April
Effective date of Contract May 8, 1979
Contract with County of Orange
Address
Amount of Contract see contract
,45�:�, L., 1�
City Clerk
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PROJECT `947
SE RETURN TO
CLERK
'Y OF NEWPORT BEACH
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CALIF, 92663
COUNTY OF `Y,GE
AR"! :ir(i 1L HIGHWAY F: C:ING
P9 CT AD`S IN 1.1;TR;.' ; fts' AGt :' :i":F,C*T
Ford RoadI'da: Actl +sr ?'. .. o ,ard
.ntersecti.on `todificat4.n
red into
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C!' `: OF D:EI :00?1T BEACH, n.;nicipal
ration, hereinafter cef.erred to
.,e City, and
..iY OF GRAN'Gfi, a poli.ti.r.al subdivision
u: .':e Ste:t.. ur Calif.orni.ai, hecei.rafcer
r : rred Lo :;s the Count:,.
41ilE +.?F, z the Board of Supervi� . by Resolution of 31 , iS;b
,r�rri.,, Mghways to "'e the ; ^mire County includi.n„ thn:
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incorporated cities tl�?r,7-u and
anal 3 e- !'h :� f ft r 9, ,.Vision 9, c, :an. :'acing with
Section 1680 of the Strectr. and Nighv,ays se authnri.ze a count:, if it so
desires, to expend funds :a *portioned to i, ,ut of tic Californi.: Highway llsers
Tax Funds for aid to cities and in the ir:;%)verent, construction, or repair
of streets within a city; and
WHEREAS, the Orange County Board of Supervisors and the Orange Co>i tv
Division of the League of California Citio, have agreed upon a cooperative
financial program for the establishment, ,instruction, and maintenance of .±
County Arterial Highway System known as t1;: :lrteria :l Highway Fi.r.: :ncing Progra.n;
and
WHEREAS, the Board of Supervisor:; has, by appropriate action, provided
in the budget of the Special Road L:iprove::ant Fund for the Fiscal Year 1978 -.79
fends for the improvement of streets with:;: the incorporated cities of the County,
which streets are a part of the County's.: : :,ter Plan of Arterial Highways; and
WHEREAS, the Board of Superviso.:( on November 5, 1958 has by formal
resolution adopted the formal procedure for the administration of the arterial
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1 Highway Financing Program, as revised, which procadur, 1s nut L in,& in a document
2 on file with thr County Clerk, formally known as I he County vi Kanle Arteria:
3 Highway Financing Program Procedure Manunt; and
4 WHEREAS, it is mutually n9racd between tho parties than Ourd Road..-''
5 MacArthur Boulevard Intersection Avdification, streets included in Lie Orange
6 County blaster Plan of Arterial Highways, are streets of genera;. C"unty interns,
7 and should be improved in accordance with the policies of the Arterial Highwn�
8 Financing Program. Said qork of such improvement shall be refe-rui to hu.c . V"!CW
9 as the Project; and
10 WHEREAS, the City as Lead Agency, has c6mp5rvd the environmental knyosw-
11 ments as required by the California Environmental Quality Act of 1970 by apprnvlr:;
12 i a Negative Declaration for the Project, a copy of which is on file with the
13 I County; and
14 WHEREAS, the City has filed the Notice oF DcrerminatLon with the Clerk
15 of the Board of Supervisors of the County; and
16 WHEREAS, no additional environmental documents are required for compliance
17 with the California Environmental Quality Act; and
18 WHEREAS, the City has reviewed Project for conformance with the require-
19 ments of Section 65402 of the California Government Code and applicable local
20 ordinances and City has acted as required.
21 NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
22 1. The procedures outlined in the Arterial Highway Financing Program (AHFP)
23 Procedure Manual herein referred to shall be made a part of this agreement,
24 2. The Contracting Authority for the Project is hereby designated as
25 the City.
26 3. The Project Engineer for the Project is hereby designated as the City.
27 4. The Construction Engineer for the Project is hereby designated as
2$ the City.
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5. All soils engineering and material and construction testing neces-
sary for the Project sn.all be perform: d by the County. This shall include pre -
lini.nary soils investigations, structure foundation .investigations, recommends- -
tions for structural sections and compaction requirements, and giality control
of materials and construction.
6. The work shall be subject at all tuns to inspection by the auLhor-
ized representatives of both parties
7. Funds to be used for the Project:
(a) The estimated cost of the Project covered b) this agrceaen- is:
DESIGN ENGINEERING: S 43,200
CONSTRUCTION CONTRACT: 540,000
CONSTRUCTION ENGINEERING: 37,800
TOTAL: $621,000
(b) On the basis of the above estimate, this Project will be financed
as follows:
COUNTY FUNDS: $140,500
CITY FUNDS: 140,500
*CITY FUNDS: 340,000
TOTAL: $621,000
*Contributions by State (Caltrans), The Irvine Company, City
of Irvine and City of Newport Beach for items not eligible for
AHFP participation.
(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
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of the County fifty percent (50 %), the City fifty pe tt:e nt (50 %') on a ig is! a
items in the Contract.
(e) final adjustments ol project stor !rain CLSIS will be We
on the basis of matching fends up to a maximum of fifty percent (SO%) of the tr,tal
cost of eligible items; that is, County participation shall not exceed a maximum
Of twenty —five percent (25`x) of the total cost of eligible storm drain construction.
(f) it is the intent of the parties hereto to comply with ail
applicable rules
regarding
the expenditure of State•
Gas Tax Funds.
Eligibility of
any storm drain item
grill
be subject w final anal[
.-.d determination
by the
State Controller's
Office.
Any future adjustment r
quired by W d
Controller's
u ti. ^e shall be made by the City with City funds, including ca=ayle to refunds in
the County of any County gas tax funds declared by the Control-;.r to have been
expended on ineligible construction.
(g) Any funds spent prior to July 1, 1976 shall not be considered
in the final accounting of this Project.
B. This agreement shall become null and void in the event the City
fails, for any reason, to advertise and award the contract_ for the Project prior
to June 30, 1950 and the City shall reimburse the County for any expenditures
incurred by the County in connection with said Project.
9. This agreement shall become null and void in the event that the City,
for any reason, advertises project for bids prior to the granting of authorization
to advertise by County in accordance with the procedures set forth in the Arterial
Highway Financing Program Procedure Manual.
10. Upon acceptance of the completed APFP Project by the awarding author-
ity or upon the contractor being relieved of the responsibility for maintaining
and protecting certain portions of the work, City shall maintain the Project
or such portions of the work in a manner satisfactory to County. If., within
ninety days after receipt of notice from County that the Project or any portion
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thereof is not being properly maintained, City has not renedi.ed the conditions
complained of to County's satisfaction, County may withhold the programming or
approval of further AHFP projects OF City until the Project shall Lava been put
in a condition of maintccsnce sar..sfAz rury to County. The maintenance referred
to herein stall include cot only the preservation of the General physical
feature of the roadway, roadside, and surfacing, but also safety and regulatory
features, devices and appurtenances built into the Project.
11. County -wide extension of :arterial System:
To promote uniformity- of County Arterial Highwxy System with Cit
11 :dtster Plan of ?lajvr Streets, both parties agree to continue the promulgation
of the AHFP as outlined in the afore;:cationed Procedure. Manual.
IT 13 MUTUALLY YNDEXSTOOD A73 AGREW
1. That neither County nor any officer or employee thereof afoul ho
spor_sible for any damage ur liaWity occurring by reason of anytl:.og done or oitted
to be done by City under or in connection with any work, ant.hority or jurisdiction
delegated to City under this agreeent. It is also understood and agreed ghat,
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-
ment Code Section 810.8), occurring by reason of anything done or omitted to he
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
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omitted to be
done by County undar
or in connection with any work, authority or
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jurisdiction
not delegatev ro City
under this agrue knt.
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I IN WITNFSS WHE'REOF, City has caused this agreement to he executed
2 Mayor and attesLed 1),,., its Clerk; and County has cause d this agrr- u ieiii F-o br d
3I by the Chairman of -11 L.s Bt-ard of Supervl;orti in,' artes' ed by its C.-z-:. on the d-i:;.,
4 written opposite the i, t) Iuly liy: City
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and the Board of Sulic-vist-Irs, rc:4,pi?ctivuly.
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CITY
'IF INE!"', :. -, r,
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17 a mn. ;cipal core...., on
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Dated. 19 � --
RV(
ATTEST:
Clerk
Dated:
ATTEST:
APPROVED AS TO FORM
Date:
CITY'A OR E
By. ..... ...................... ....
COU%TTY OF DRANGE, a political subdivis.ioil
of the State of Caiifornia
19 y
ry
s
Board of -swup,e�rv:-
Cha i r�
v JUNE ALEX, NDER
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORAL/ CJF, UNTY, CALIFORNIA
Deputy
KES:jmbAI06(5) 7-
Date
RESOLUTION NO.
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 PROJECT ADMINISTRATION
AGREEMENT FOR THE FORD ROAD AND MACARTHUR
BOULEVARD INTERSECTION MODIFICATION PROJECT
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Arterial Highway
Financing Program Project Administration Agreement for the Ford
Road and MacArthur Boulevard intersection modification project;
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 Arterial Highway
Financing Program Project Administration Agreement 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 23rd day of April , 1979.
Mayor
ATTEST:
City Clerk
DDO /kb
4/18/79
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RIGHT -OF -WAY CERTIFICATION
The City of Newport Beach hereby certifies in connection with
the right -of -way for the Ford Road and MacArthur Boulevard 'intersection
modification project, AHFP Project Number 947 that:
1. All right -of -way has been acquired.
2. Improvements as shown on the contract drawings
and described in the contract specifications exist
within the existing right -of -way and will either be
removed, relocated, or will not interfere with con-
struction.
In making this certification, the City of Newport Beach agrees
to hold the County harmless from any liability which may arise by reason
of the County's reliance upon this Certification and its use of said
right -of -way.
ATTEST:
��, t
'City i 4 ty Cle
Date '
CITY OF NEWPORT BEACH
Mayor
0
RESOLUTION NO
46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND /1 ?
CITY CLERK TO EXECUTE A RIGHT -OF -WAY CERTIFI-
CATION FOR FORD ROAD AND MACARTHUR BOULEVARD
INTERSECTION MODIFICATION PROJECT
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Right -of -Way Certification
for Ford Road and Mac Arthur Boulevard intersection modification
project; and
WHEREAS, the City Council has reviewed the terms and
conditions of said Right -of -Way Certification and found 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
Certification,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said Right -of -Way Certification
for the Ford Road and MacArthur Boulevard intersection modifica-
tion project 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 23rd day of April
r
ATTEST:
, 1979.
City Clerk DDO /kb
4/18/79
TO: CITY COUNCIL
FROM: Public Works Department
April 23, 1979
CITY COUNCIL AGENDA
ITEM NO. G -2
SUBJECT: FORD ROAD AND MacARTHUR BOULEVARD INTERSECTION MODIFICATIONS (C -1882)
RECOMMENDATIONS:
1. Adopt a resolution authorizing the Mayor and City Clerk to execute
an AHFP project administration agreement for the Ford Road and
MacArthur Boulevard intersection modification project.
2. Adopt a resolution authorizing the Mayor and City Clerk to execute,
a right -of -way certification for the Ford Road and MacArthur
Boulevard intersection modification project.
DISCUSSION:
On December 12, 1977, the City Council adopted Resolution No. 9243
accepting the environmental document and requesting the County of Orange to in-
clude the Ford Road and MacArthur Boulevard intersection modification (C -1882) in
the fiscal year 1978 -79 Arterial Highway Financing Program (AHFP).
The required right -of -way (approximately 1.7 acres) has been dedicated
to the City by The Irvine Company.
Contributions will be made by the following:
1. The Irvine Company for improvements adjacent to their property,
2. The City of Irvine for paving and signal construction within
Irvine City limits, and
3. CalTrans for paving and signal construction within existing
right -of -way on MacArthur Boulevard.
The AHFP project administration agreement for improving the intersec-
tion provides for County participation within the City of Newport Beach. The
financing would be as follows:
County AHFP
City Gas Tax
CalTrans
City of Irvine
The Irvine Company
$140,500
140,500
110,000
49,000
151,155
Total $591,155
0 0
April 23, 1979
Subiect: Ford Road and MacArthur Boulevard Intersection Modifications (C -1882)
Page 2
Before the County will authorize the City to advertise for bids, the
City must certify that all necessary right -of -way has been acquired, and hold the
County harmless from any liability which may arise from the County's reliance on
this certification.
The project is tentatively scheduled to be advertised for bids on
May 14, 1979; with award on June 11, 1979, and completion of work by October 12,
1979.
Attached is a sketch showing the location and limits of the project.
G l 61.:: / '--L
Benjamin B. Nolan
Public Works Director
JSW:jd
Att.
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RIGHT -OF -WAY CERTIFICATION
The City of Newport Beach hereby certifies in connection with
the right -of -way for the Ford Road and MacArthur Boulevard intersection
modification project, AHFP Project Number 947 that:
1. All right -of -way has been acquired.
2. Improvements as shown on the contract drawings
and described in the contract specifications exist
within the existing right -of -way and will either be
removed, relocated, or will not interfere with con-
struction.
In making this certification, the City of Newport Beach agrees
to hold the County harmless from any liability which may arise by reason
of the County's reliance upon this Certification and its use of said
right -of -way.
ATTEST:
Date
CITY OF NEWPORT BEACH
Mayor
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CITY OF NEWPORT BEACH DRAWN—�'G. DATE /� s
PUBLIC WORKS DEPARTMENT APPROVED
i?7R0 Ra4D i �fNC.4.P7HUrP BL. PUBLIC WORKS DIRECTOR
/NTER"cr1oA1 R.E. N0,
,*ula4tr7114ir,et.
sec. s -.8
DRAWING NO.
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FO.PD .PLj C N
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Aar s► K.�tr � I: :: .: �:
CITY OF NEWPORT BEACH DRAWN—�'G. DATE /� s
PUBLIC WORKS DEPARTMENT APPROVED
i?7R0 Ra4D i �fNC.4.P7HUrP BL. PUBLIC WORKS DIRECTOR
/NTER"cr1oA1 R.E. N0,
,*ula4tr7114ir,et.
sec. s -.8
DRAWING NO.